How long do I have to claim for defective renovation work?

Question

José Manuel Alburquerque · Accepted Answer

If the work was done in Catalonia and the contract is governed by Catalan law, you have, in principle, ten years to claim against the firm. That time limit starts when you become aware of the defect or could reasonably have become aware of it, not when the work was completed. Outside Catalonia, the general time limit for contractual claims is five years. If you hired the firm as a private individual, any guarantee it gave you does not deprive you of that time limit. Even so, the prudent course is to claim in writing as soon as the defect appears. When the time limit starts and how it is interrupted In Catalonia, the time limit starts when you become aware of the defect and know whom to claim against, or when you could reasonably have known. For example, if the bathroom renovation was finished in March 2024 and in September 2026 the tiles start lifting because they were badly laid, the ten years run from September 2026 and not from March 2024. A written claim to the firm interrupts the time limit, which then starts again in full from that point. Use a means that records the date and the content, such as a “burofax” (a certified letter with proof of content). Requesting the negotiation or mediation that the law requires before suing also interrupts it. Even though the time limit is long, it is unwise to wait. Over time it becomes harder to prove the defect and its cause. Besides, the firm may disappear. If the work altered the structure or the façade Ordinary renovation work on a flat, such as the kitchen, the bathroom or the floors, does not normally fall within the “Ley de Ordenación de la Edificación”, the Building Act. That Act applies to work that substantially alters the façade, the volume or the structure of the building, to work that changes its use and to certain work on protected buildings. For such work there are also periods that run from the handover of the works, the act by which you accept them. The damage must appear within those periods: Ten years, if the damage affects the structure. Three years, if it affects habitability, such as damp, insulation or the building services. One year, if they are finishing defects. The builder is liable for these. Once the damage appears, there are two years to claim by this route. Even after those two years have passed, a claim under the contract may still be open, with its own time limit. Other time limits that should not be confused If the work has damaged a neighbour's flat, the neighbour has three years to claim if the event occurred in Catalonia, or one year if it occurred elsewhere. In Catalonia, the firm has three years to claim from you whatever you owe it for the work. Any guarantee the firm gave you, for example for one year, is an additional right if you hired it as a private individual. It does not deprive you of the time limit for claiming.