How long do I have to claim for defects in my new-build home?

Question

José Manuel Alburquerque · Accepted Answer

Under the “Ley de Ordenación de la Edificación” (LOE), the Building Act, the defect must appear within a guarantee period, which is ten years if it affects the structure, three if it affects habitability and one if it is a finishing defect. Once it appears, there are two years to make a claim. Those guarantee periods do not run from when you bought the home or from when you were given the keys, but from the handover of the works, which may have been much earlier. The handover of the works is the act by which the builder hands over the finished building to the developer. In addition, if the home is in Catalonia and you bought it in 2022 or later, you can claim against the developer as seller for defects that appear within three years of the home being handed over to you. The date that counts The handover of the works is recorded in a certificate signed by the developer and the builder. If the developer was slow to sell, the periods may already have been running for some time when you move in. If the certificate records reservations, that is, outstanding defects, the periods run from when they are put right. Ask the developer or the managing agent for the handover certificate, the final works certificate (“certificado final de obra”) and the building's record book (the “Libro del Edificio”), which brings together the documentation on the works. An example with dates: The works were handed over on 10 March 2024. On 15 September 2026, damp appears because of a waterproofing defect. It is a defect affecting habitability and falls within the three-year guarantee period, which ends on 10 March 2027. To claim under the LOE, you have until 15 September 2028. If you make a written claim before then, the time limit starts again from that claim. If the damp had appeared on 20 March 2027, it would already be outside the LOE guarantee period. You would still have the contractual claim, especially against the developer that sold you the home, if it is still within its time limit. The builder, together with the developer, is liable for finishing defects, which have a one-year period. Against the developer, under the contract of sale The developer is also liable to you as seller. In Catalonia, for purchases signed on or after 1 January 2022: It is liable for defects that already existed when it handed the home over to you and that appear within the following three years. If they appear within the first two years, they are presumed to have already existed. You must notify it without undue delay and describe the defect. If you delay, you do not lose the right, but you are liable for any loss caused by the delay. You have three years to claim from when you become aware of the defect or could have become aware of it. Do not leave it until the last minute. If you bought before 2022, the time limits may be different. Outside Catalonia, the Spanish Civil Code (“Código Civil”) allows only six months from delivery for latent defects, although if the defect is so serious that the home is unfit for use, or it amounts to another breach of contract, the time limit may be five years. How not to miss the time limit As soon as the defect appears, make a written claim against the developer, the builder, the building professionals and their insurers, by a method that leaves a record, such as a “burofax”, a certified letter with proof of content. A claim against one of them may not interrupt the time limit as against the others. Before suing, the law requires you to attempt negotiation.