If the developer or the builder does not fix the defects, what should I do?

Question

José Manuel Alburquerque · Accepted Answer

Demand in writing that they fix them within a reasonable time and make a record of their condition, with an expert's report or a notarial record (“acta notarial”). If they do not, you can ask the judge to order them to repair the defects or, directly, to pay you what it costs to repair them. If they are ordered to repair them and fail to do so, the court can authorise another firm to carry out the repairs at their expense. Meanwhile, the time limits for claiming keep running, so do not let them pass while you wait for them to comply. Before fixing it yourself Make a record of the condition of the defects with an expert's report or a notarial record, with photos. If you carry out repairs without that evidence, it will be very difficult to prove later what condition things were in. Demand the repairs in writing, with a reasonable deadline, from the developer, the builder and their insurers. If the fault is urgent, such as a leak that is still letting water in, repair it so that the damage does not increase. Anyone who suffers damage must take steps to stop it getting worse. Document the condition first and keep the invoices. If you decide to have another firm do the repairs without waiting for the court case, first get quotes and notify those responsible in writing that you will do so and will claim the cost from them. What you can ask for From the judge, an order to repair or to pay the cost of the repairs. You can ask for the money directly. If the judgment orders them to repair and they do not, the court can authorise you to have the work done by someone else at the expense of the party ordered to do it. In Catalonia, against the developer that sold you the home, for purchases signed from 2022 onwards, you can demand repair, a price reduction, compensation or, if the defect is not minor, the cancellation of the purchase. Compensation can be claimed together with any of the others. In the meantime The time limits keep running while negotiations are under way or while you wait for them to comply. A written claim interrupts them and makes them start again. A verbal promise that they will fix it is hard to prove later. Before suing, the law requires you to attempt negotiation. If the letter in which you propose negotiation also demands the repairs, it also serves to interrupt the time limit. If no agreement is reached, the court claim must be brought within the following year. A complaint to the consumer affairs office or mediation may help, but neither obliges the developer to carry out the repairs.