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What to do if there is problems in a new build property in Spain

If you find problems in a newly built property, are responsible natural or legal persons involved in its construction, which must respond individually or collectively.

Move into a new property we have purchased should be a unique feeling. If you move into a house that we bought and usually gives a feeling of joy, do we opened in us, it should be more. However, sometimes you may find unpleasant surprises.

If it happens in Barceló Real Estate want through this post know who to ask for responsibilities. If there are deficiencies in housing construction in Spain, under current law those responsible are

1. The promoter.

Since it is who decides, promotes, plans and finances with their own or other resources work for themselves or for subsequent sale, delivery or transfer to third parties.

2. The architect.

This is the professional who performs the housing project and certify that the execution of construction conforms to the project.

3. The constructor.

It is who executes the work with human means and own or other materials. Responds directly to the material damage caused to the building by faults or defects caused by incompetence, lack of professional or technical capacity, negligence or breach of the obligations attributed to the chief of work and other natural or legal persons covered by their insurance. Also in case of subcontracts.

4. The rigger.

The technical architect or rigger who directs the development of the work in technical, aesthetic, urban and environmental aspects.

On these figures mentioned the following responsibility would fall

  • To whom answer: Faced with owners and third party purchasers (not others) buildings or part thereof if they are subject to division.
  • What answer: Of the material damage in respect of works constructed buildings and existing buildings whose projects for building license is requested from the entry into force of the law.
  • Time frame during which they respond: There are three periods of responsibility depending on the type of deficiencies that present housing:

1. Ten years, due to deficiencies in the building structure.

2. Three years for deficiencies that affect constructive elements or installations involving breach of the requirements of habitability of housing.

3. One year required only to constructor completion and finishing defects.


To ensure that agents can cope with the responsibility if any they may require, the law requires the establishment of safe:

  • Insurance of damage or surety insurance. To ensure structural damage for ten years. The minimum amount of the insured sum will be 100% of the final cost of the material execution of the work including the fees of the professionals. This insurance is mandatory. The notary and the registrar shall not authorize or register in the Land Registry deeds of declaration of new work of buildings without the constitution of this guarantee is proven.
  • Insurance of damage or surety insurance. To ensure the deficiencies that affect constructive elements or installations involving breach of the requirements of habitability for three years.
  • Insurance of damage or surety insurance. To ensure material damage or defects execution defects affecting elements of termination or finish for a year.

Claims deadline.

Two years from the damage.

Barceló Real Estate, sales of newly built homes in Orihuela Costa.

If you are looking for newly built properties anywhere in Orihuela Costa or La Costa Blanca, you've come to the right website. In the catalogue of Barceló Real Estate you can find any type of property, both newly built and second-hand at best price apartments, bungalows, houses, land, flats etc. In our company we are committed to a comprehensive real estate advisory character that begins the moment you are looking at your home.