Can I claim against the insurance of the architect or the building surveyor (“aparejador”) for defects in my home?

Question

José Manuel Alburquerque · Accepted Answer

Yes. If the defects are due to a mistake by the architect or the building surveyor, you can claim directly against the liability insurer of the professional concerned, a type of insurance that the law in Catalonia requires both of them to have, unless they replace it with an equivalent guarantee. The “Ley de Ordenación de la Edificación”, the Building Act, makes them liable for damage that appears within ten years of the handover of the works if it affects the structure, or within three years if it affects habitability. Once the damage appears, there are two years to make a claim. It is advisable to do so as soon as possible, because these policies usually only cover claims made while they are in force or within a limited period afterwards. The statutory periods Ten years from the handover of the works, for structural damage that compromises the strength and stability of the building. Three years, for damage affecting habitability, such as damp, insulation or the building services. One year, for defects in the finishes, for which the builder is liable, together with the developer. The damage must appear within those periods. Once it appears, there are two years to make a claim. If you had a contract with them, you may also be able to bring other claims. Whom to claim against and how The architect, the building surveyor, the builder and the developer, as well as their insurers. Each is liable for their own part. If it cannot be established who caused each defect, they are all liable for the whole. The developer is always liable together with the others. To find out who the insurer is, ask the professional concerned in writing, since they are obliged to tell you, or ask their professional association. If you are not told, the judge can order the policy to be produced before proceedings are brought. Ask about the professional's current insurer and also about the one they had before, because the policy that normally applies is the one in force when the claim is made, not the one in place when the work was done. If an insurer replies that the claim came too late for the policy, do not write it off without having it checked. That limitation is only valid if the policy sets it out in accordance with the requirements laid down by law. What has to be proved You need a report from an expert, usually another architect or building surveyor, explaining the defect, its cause, who caused it and how much it costs to repair. If the damage is structural, the ten-year structural defects insurance (the “seguro decenal”) that the developer took out for the owners also covers it.