Post Delivery Pathologies – Prop Trust Verified

1. The Building Planning Law (LOE)

The Law 38/1999 on Building Planning (LOE)It is the legal framework that regulates the responsibilities of the agents involved in the construction of buildings in Spain. For buyers of new homes, this law is their main protection tool against construction defects.

1.1. Building Agents and Their Responsibilities

The LOE identifies the following agents, each with specific responsibilities:

• Promoter:Natural or legal person that decides, promotes, programs and finances the building. Main person responsible for the buyer.
• Designer (Architect):Technical project writer. Responsible for design defects.
• Builder:Company that executes the work. Responsible for execution defects.
• Construction Director (Architect):Director of the development of the work. Responsible jointly with the builder.
• Director of Work Execution (Technical Architect/Surveyor):Responsible for material execution and quantitative control.
• External control (Quality Control Entity):Mandatory in collective housing buildings.

1.2. Solidarity Responsibility

The LOE establishes a regime ofjoint liabilityamong the agents. This means that the buyer can claim all damages from any of them, typically the developer (who is the direct contractor) or the insurance company.

2. Guarantee Terms: 1, 3 and 10 Years

The LOE establishes three liability periods depending on the nature of the defect:

2.1. 1 Year Term: Finishing Defects

They affect termination or finishing elements of the work. Examples:

• Damage to paints and coatings.
• Defects in interior and exterior carpentry.
• Small cracks in plaster and tiling.
• Defects in flooring and pavements.
• Failures in mechanisms and taps.

Responsible:Builder.

Important:This period is NOT covered by the ten-year insurance. The buyer must complain directly to the builder.

2.2. 3 Year Term: Habitability Defects

They affect the habitability of the building. Examples:

• Dampness due to leaks on facades and roofs.
• Thermal and acoustic insulation defects.
• Failures in installations (electrical, plumbing, air conditioning).
• Cracksin non-structural elements.
• Ventilation defects.

Responsible:All agents (promoter, designer, builder, DO, DEO) jointly.

Insurance:Partially covered by ten-year insurance (according to policy).

23. 10 Year Term: Structural Defects

They affect thesupporting structureof the building: foundation, supports, beams, slabs, load-bearing walls, etc. They are the most serious defects because they compromise the safety of the building.

Examples:

• Differential foundation settlements.
• Structural cracks in pillars, beams or slabs.
• Corrosion of reinforcement that affects the load-bearing capacity.
• Pathologies in structural elements of wood or steel.
• Defects in load-bearing walls or screens.

Responsible:All agents jointly.

Insurance: Mandatory covered by ten-year insurance(art.19 LOE).

3. Most Frequent Pathologies in New Construction

After more than 2,000 expert reports on residential developments, we have identified the most recurrent pathologies:

3.1. Humidity (35% of cases)

• Leaks on facades:Due to defects in joints, sealing or carpentry.
• Roof leaks:Due to poor waterproofing execution.
• Condensation humidity:Due to thermal bridges or lack of ventilation.
• Dampness in basements:By lateral filtration of theground.

3.2. Fissures and Cracks (25% of cases)

• Cracks in partition walls:Due to shrinkage of materials or thermal movements.
• Cracks in facade:Due to differential settlements or lack of expansion joints.
• Cracks where materials meet:Due to different expansion coefficient.

3.3. Insulation Defects (15% of cases)

• Insufficient thermal insulation:Does not meet CTE HE.
• Poor sound insulation:Does not comply with CTE HR. Very common in divisions between homes.
• Thermal bridges:Due to lack of continuity of insulation.

3.4. Defects in Facilities (15% of cases)

• Electrical installation:Badly sized panels, unprotected circuits.
• Plumbing:Insufficient pressures, leaks in embedded pipes.
• Air conditioning:Poorly sized equipment, poorly insulated ducts.

3.5. Structural Defects (10% of cases, but the most serious)

• Differential settlements:Due to deficient geotechnical studies.
• Pathologies in slabs:Excessive arrows, vibrations.
• Premature corrosion of reinforcement:Due to insufficient coatings.

4. The Claim Process: From Burofax to Trial

The claims process should follow a tiered strategy to maximize the chances of success:

4.1. Step 1: Communication to the Promoter (Days 1-15)

• Written communication (burofax with certificate of content and acknowledgment of receipt).
• Detailed description of defects with photographs.
• Demand for repair within a reasonable period (30-60 days).
• Warning of legal action if not attended to.

4.2. Step 2: Independent Expertise (Days 15-45)

• Hiring an independent expert (architect or technical architect).
• Ocular inspection and preparation of an expert report.
• Economic quantification of damages.
• Identification of causes and responsible parties.

4.3. Step 3: Decennial Insurance Claim (Days 45-90)

• Formal communication to the promoter's insurance company.
• Contribution of the expert report.
• The insurance appoints its own expert (contradictory).
• Negotiation between experts to reach agreement.

4.4. Step 4: Mediation or Arbitration (Days 90-180)

• If there is no agreement, try extrajudicial mediation.
• Some insurance policies provide for mandatory arbitration.
• Construction Board or Professional Associations as mediators.

4.5. Step 5: Judicial Route (Months 6-24)

• Legal suit against promoter and other responsible parties.
• Monitoring process for amounts less than €2,000.
• Ordinary trial for higher amounts.
• Possibility of requesting precautionary measures.

5. Decennial Insurance: How to Activate It

The ten-year warranty insuranceIt is mandatory for collective housing buildings since the entry into force of the LOE (2000). It exclusively covers thestructural defectsfor 10 years.

5.1. Mandatory Coverage

• Material damage caused to the building by defects or construction defects.
• That affect the foundation, supports, beams, slabs, load-bearing walls or other structural elements.
• That directly compromise the mechanical resistance and stability of the building.

5.2. Optional Coverage (Depending on Policy)

• Damage due to habitability defects (3 years).
• Damage due to finishing defects (1 year).
• Damage to third parties during construction.

5.3. How to Claim Decennial Insurance

1. Immediate communication:As soon as structural damage appears.
2. Documentation:Deed, final construction certificate, policy, expert report.
3. Contradictory expertise:The insurance appoints its expert, the owner his.
4. Negotiation:Agreement on causes, responsibilities and amount.
5. Repair or compensation:At the policyholder's choice (normally).

6. Real Cases of Successful Claims

6.1. Case 1: Generalized Dampness on Facade

Promotion:60 homes in Madrid, delivered in 2020.

Pathology:Water leaks on the façade due to defect in joint sealing. Affectation to 35 homes.

Claim:€185,000 (comprehensive facade repair + interior damage).

Result:Extrajudicial agreement after 4 months. Complete repair executed by builder.

6.2. Case 2: Acoustic Insulation Defects

Promotion:30 homes in Barcelona, ​​delivered in 2019.

Pathology:Acoustic insulation between homes much lower than that required by CTE HR. 22 complaints from owners.

Expertise:On-site acoustic tests confirmed non-compliance (5 dB lower than the legal minimum).

Claim:€240,000 (installation of acoustic tiles in 22 homes).

Result:Favorable court ruling. The developer carried out the repair works.

6.3. Case 3: Structural Pathologies in Slabs

Promotion:Building with 25 homes in Seville, delivered in 2017.

Pathology:Excessive deflections in slabs (up to L/200, when the maximum is L/300). Annoying vibrations.

Expertise:Load tests and structural analysis that confirmed design defect (insufficient edge).

Claim:€380,000 (reinforcement of floors with metal profiles + restoration).

Result:The ten-year insurance compensated €365,000 after 14 months of negotiation.

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