How do you claim for construction defects?

Question

José Manuel Alburquerque · Accepted Answer

First, you need to gather the evidence, above all an expert's report explaining what defects there are, their cause, who caused them and how much it costs to repair them. Then a written claim is made against everyone responsible and their insurers, which interrupts the time limit. Since April 2025, the law has required you to attempt negotiation before suing, so that claim should be a genuine invitation to negotiate. If no agreement is reached, a claim is brought in court asking for the defects to be repaired or for the cost of repairing them to be paid. Before making a claim Take dated photos of each defect and note when it appeared. If it gets worse, keep documenting it. Gather the paperwork for the works. The handover certificate and the final works certificate (“certificado final de obra”) give the dates on which the time limits depend. The building's record book (the “Libro del Edificio”), usually kept by the managing agent, shows who was involved. The deed of declaration of new construction (“declaración de obra nueva”) identifies the ten-year structural defects insurance (the “seguro decenal”). Commission a report from an architect or a building surveyor (an “arquitecto técnico” or “aparejador”). It is the evidence of what is wrong, why and who is liable. If the time limit for claiming is about to run out, do not wait for the report before sending the written claim. The written claim Send it to the developer, the builder, the architect, the building surveyor and their insurers by a method that leaves a record of the date and the content, such as a “burofax”, a certified letter with proof of content. It interrupts the time limit as against each of those who receive it. Ask each of them for their insurance details. If they do not provide them, the judge can order them to produce the policy before proceedings are brought. Structural damage is notified directly to the ten-year structural defects insurer. If there is no agreement on the amount, each side appoints an expert. If the insurer asks you to appoint yours, do so within eight days. If the defect is in the common parts, the owners' association makes the claim, with a resolution of the owners' general meeting. Make a genuine invitation to negotiate, rather than simply demanding payment. That way you meet the requirement to attempt to reach an agreement that the law imposes before suing. If they do not reply or they reject the proposal, it is enough to be able to prove that they received it. After that, the court claim must be brought within the following year. The court claim It asks for the defects to be repaired or for the cost of repairing them to be paid. Everyone you want to be held liable must be sued. If you claim up to 15.000 euros, the claim goes through the “juicio verbal”, the simplified procedure, which is quicker. Above that amount, it goes through the “juicio ordinario”, the ordinary procedure. If you claim more than 2.000 euros, you need a lawyer and a court agent (“procurador”).