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The article in the
General Building Act which specifies the legal action for different
sorts of building defects is:
Article 17: Civil liability of the
agents that intervene in the building process.
1. Despite their contractual liabilities, the individuals or companies
that intervene in the building process will answer to owners and
third purchasers for the entire building or for part of them, in
case they have been divided, of the following material damages happened
in the building within the established deadlines, counted from the
reception date without reservation or from the rectifying moment:
a) For 10 years, of material damages
caused in the building due to defects or vices that affect the foundations,
supports, beams, floor structure, charging wall or another structural
elements, that directly compromise the mechanic ressistance and
the stability of the building.
b) For 3 years, of material damages
caused in the building by defects or vices of the building elements
or the installations that produce the breach of the habitability
requirements of the provision 3,1,c.
The builder will also answer for
the material damages by vices or execution defects that affect the
elements of finishing of the works within a year deadline.
The habitability requirements set
by this Act in artilce 3.1.c are as follow:
Article 3. Basic requirements of
building.
In order to guarantee the safety
of people, the welfare of society and the protection of the enviroment,
buildings must be designed, built, maintained and conserved in such
a way that will fulfill these basic following requirements:
The article lists a series of requirments
under three different categories. We will cover those regarding
habitability, as mentioned in article 17, but I can answer your
questions if you want to know more on the other ones:
a: regarding functionality)
(b: regarding safety)
(c: regarding habitability)
c.1) Higiene, health and protection
of enviroment so that acceptable conditions of healthiness and comfort
in the internal environment of the building and so that this won´t
damage the close enviroment, guaranteeing a proper management of
all kind of refuse.
c.2) Protection against noise, so
that the perceived noise won´t put people´s helath at
risk and will enable them to carry on their activities properly.
c.3) Saving of energy and thermal
insulation, so that a rational use is made of the necessary energy
for the adequate use of the building.
c.4) Any other functional aspects
of the building elements or the installations that will enable a
satisfying use of the building.
Written by
Maria de Castro
Lawyer
Maria de Castro is a Spanish Lawyer
and the Director of the Law Firm www.costaluzlawyers.es.
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