It is clear that from\n2015 Spain started a recover from the crisis\u00b4s construction and many new\nbuildings have been erected again. <\/p>\n\n\n\n
This new buildings have their\ncommunities set up and they will have to comply with its maintenance responsibilities,\nand now we will have to check if they are prepared, for instance, to the new\nrains we will hopefully have in future. <\/p>\n\n\n\n
In case it appears damp in the\napartments, Spanish law regulates who would be responsible, how to claim and\nwhen, despite we should say that this regulation is neither clear nor fair. <\/p>\n\n\n\n
Some points\nshould be clarified:<\/p>\n\n\n\n
I.-<\/strong>\nThe community is responsible to keep the building in good state, so, at first\ninstance, the community would be the one to repair all the damages in the\ncommunal elements that are affecting to the private property. The community may\nhave the right to claim this reparation from the developer or the professionals\nwho did the construction, but this does not mean that the owner can not take\nthe community to Court to force the community to repair the damages and defects\nthat are causing damp in his private property.<\/p>\n\n\n\n The LPH says in its\nArt. 10.1,a) that the community will be responsible of doing all the \u201c works or actions as may be necessary for\nthe adequate maintenance and fulfillment of the duty of upkeep of the building\nand its common services and facilities, including, in any case, those needed to\nsatisfy the basic requirements of safety, habitability and \u2026\u201d <\/strong><\/em><\/p>\n\n\n\n <\/strong>It is\nclear that keeping a flat free of damp and likings is one of the principal\nrequirements of habitability that a community can comply.<\/p>\n\n\n\n This means that an\nowner is not obliged to sue personally to the developer or the professional who\ndid the works in communal elements. No matter if the defects in the communal\nelements only affects this owner. The community would be obliged to resolve the\nproblem in any way, with the possibility to reclaim, later or at the same time,\nto the developer or the professionals. In most of cases, for new constructions,\nit is worth to wait for the developer answer taking into consideration the huge\namount the community have sometimes to pay for the repairs. <\/p>\n\n\n\n II.-<\/strong> There are many\ndifferent community insurance policies, but as far as I know, none of them cover\nthe building defects but only the public liability, so if the owner suffers in his\nflat some damp patches on the walls or any other damages as a consequence of an\ninappropriate construction of the facade, the roof or any other communal\nelement, the community insurance company will possibly pay for the damages\ninside the house but will not repair the building defects.<\/p>\n\n\n\n III.-<\/strong>\nThere is a great misunderstanding about the period of guarantee for the\nconstruction. The 10 year guarantee, and its insurance policy, is just to cover\nbuilding defects affecting the foundation, brackets, beams, forged,\nload-bearing walls or other structural elements, and that directly engage the\nmechanical strength and stability of the building. All the rest of the defects,\nwhich in fact are the most common ones will have to appear within a period of 1\nor 3 years so that the professionals involved in the construction could be\nresponsible. For building defects that causes damp or likings to private or\ncommunal elements, after this short period of 3 years from the time the\nbuilding was officially finished, the professionals will not have any\nresponsibility, what I think is amazing. <\/p>\n\n\n\n IV.-<\/strong>\nThe developer will respond for all the work done by the professionals involved\nin the building so the community would be free to sue just the professionals,\nthe developer, or all of them.<\/p>\n\n\n\n V.-<\/strong>\nThe developer could have a direct contractual responsibilities when they have\nbreach the selling agreement and the house transferred to the owner has not got\nthe quality should have. The legal period to claim for this breach of contract\nwould be longer than the legal period for building defects, but it would be necessary\nto prove that these defects could be considered a breach of contract. \n\n I hope these clarifications will help\nyou to understand this difficult subject. Anyway, as always, get legal support.\n\n\n\n<\/p>\n","protected":false},"excerpt":{"rendered":" It is clear that from 2015 Spain started a recover from the crisis\u00b4s construction and many new buildings have been erected again. This new buildings have their communities set […]<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"Layout":"","spay_email":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1],"tags":[],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts\/65"}],"collection":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/comments?post=65"}],"version-history":[{"count":1,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts\/65\/revisions"}],"predecessor-version":[{"id":66,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts\/65\/revisions\/66"}],"wp:attachment":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/media?parent=65"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/categories?post=65"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/tags?post=65"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}