Building Defects Spain

The General Building Act provides that any developer, builder, architect, supplier, surveyor or even quality control companies taking on work in connection with the provision of a dwelling owes a duty to every person who acquires an interest in the dwelling. That statutory "fitness for purpose" duty is owed to the purchaser of the dwelling or to any subsequent purchaser. The owner has a claim in tort against those responsible for the design and construction. If his property turned out to be defective, they could claim the cost of putting it right from all involved because of the contractual relationships such as a building project frequently involves a certain number of parties. It is essential to take in consideration that in Spain judges allow the owner to sue the manufacturer jointly with the builder where a separate liability for the defects cannot be easily ascertained, both the builder and the manufacturer could be liable. As the Supreme Court has stated, the purchaser cannot bear the burden of proof where several parties have participated in a building project and the liability for the defects is uncertain. A shared liability by the different parties is not unusual, and as a consequence the Court can determine an apportionment However, where it is possible to ascertain who is the only liable party –for instance, a manufacturer, then the purchaser might be entitled to sue him.

Section 17 of the Act goes on to say that any legal action brought under this statute must be brought within:

Ten years since the building was concluded in case of damages caused by flaws or defects which affect foundation, supports, beams, frameworks, load-bearing walls or another structural components that directly jeopardize the mechanic resistance and stability of the building

Three years since the building was concluded in case of damages caused by flaws or defects which affect the liveability of the building such as healthiness, internal impermeability of the building, acoustic and heat insulation, energy consumption

One year since the building was concluded in case of damages caused by flaws or defects which affect the

The obligations and liabilities of the individuals or bodies who take part in building construction are regulated by the General Building Act .The builder is the person on whom the main responsibilities relapse, though it is not the only one that must be responsible, the developer, architects, suppliers and quality control companies who take part in the construction have liabilities to the proprietary and third buyers of real estate or part (report) of the same ones, in case of complaints as deficiencies (faults).