Constructive Defects

CONSTRUCTIVE DEFECTS: Terms of the Proprietor Community to protest. Ignorance by the proprietors of the different terms from the L.O.E entails the loss of its Right to protest. With the entrance in force of the new LAW OF ARRANGEMENT OF the CONSTRUCTION, applicable to all those buildings whose Work License has been asked for after May, we can demand responsibilities to the different constructive agents (promotional, construction, architect, foreman, etc), by the existing material damages in our house or building: – That they affect to the structure and laying of foundations – That affect to the functionality and/or habitability: facilities, accessibility, sound insulation and thermal, etc – Bad finished and closings. TERMS OF RESPONSIBILITY AND GUARANTEE the damages that affect the structural security of the construction will have to be pronounced within 10 years. Those that affects to the habitability and facilities will have to be pronounced during the 3 years.

And finally the bad acabos and closings will have to be pronounced to the year. These terms they begin to count from the date of reception of the work by the promoter (Act of Reception) Guarantees: 1 year: The constructor by the bad ones finished or closings responds. 3 years: It responds the promoter, constructor, architects, designers. All the agents by material damages caused by vices or defects that affect to the habitability-functionality and facilities. 10 years: All respond if they affect the structural security of the building (laying of foundations, supports, beams, forged, letter walls, etc). The promoter always will respond shared in common One of the most common errors that we come observing in the proprietors, after the entrance in force of the new Law of Arrangement of the Construction, it is his confusion and ignorance in relation to the different existing terms: of guarantee and claim. If its building or house has damages, and wants to demand them to the different constructive agents, we must in the first place credit that these have indicated within the TERM OF GUARANTEE (1 year, 3 years or 10 years), depending on bad finished or closings, afectantes damages to the habitability and/or facilities or damages afectantes to the laying of foundations and structure.