Defects in New Construction: What They Are and How to Claim Them.

Buyers tend to think that purchasing a new home guarantees the absence of problems or defects. However, this is not always true. The construction of a house is not exempt from risks, and construction problems can arise in new homes. In this article, we will address what are the possible construction defects, how to claim them, and the deadlines to do so.

As we have seen in previous articles, buying a new home has risks as well. In that article, we saw problems derived from disastrous management during the buying process. In this case, we will focus on construction defects. These defects can range from small aesthetic imperfections to more serious structural problems. Some of the most common problems are dampness, cracks in walls, water leaks, and defects in electrical installations or plumbing, among others.

To understand which defects can be claimed and the deadlines provided for in the Law on the Ordering of Construction, all grouped in Art. 1591 of the Civil Code as "construction defects," let us see how they are legally categorized:

1. Defects in finishes. These are material damages caused by poor execution of the work or accidental damage during the course of the work. Scratches on walls, damaged doors, hollow or lose tiling, etc.
2. Habitability defects. These are serious problems that generally alter the habitability of the dwelling; protection against noise, poor thermal insulation, etc.
3. Structural defects. These are the most serious since they affect the stability of the building and the safety of its inhabitants.

If when buying a new home, we detect any defects, it is important to know that there are deadlines to claim them. Firstly, there is a legal warranty period of two years, during which the builder or promoter is obliged to repair the defects that have occurred in the construction. In addition, in the ten years following the construction of the house, there is a warranty period for hidden defects. That is, those defects that were not visible at the time of purchase but manifest themselves later. In detail, these would be the deadlines depending on the category of the defect in question:

1. One-year warranty and two-year deadline to file a judicial claim for finishing defects.
2. Three-year warranty and two-year deadline to file a judicial claim for habitability defects.
3. Ten-year warranty and two-year deadline to file a judicial claim for structural defects.

It is important to note that the aforementioned deadlines for filing a judicial claim will be interrupted from the moment the formal communication is made and its repair is claimed so that the deadline will start to run again in full from that moment.

To claim these defects, it is necessary to follow certain steps. First, it is necessary to notify the promoter or builder in writing of the defects that have been detected. This writing must be made during the two-year legal warranty period and must be sent by certified mail with acknowledgement of receipt, to have proof of the claim.

The promoter or builder has a period of 15 days to respond to the claim and must indicate their position regarding the defects. If the response is negative or there is no response within the established period, a specialist can be consulted to evaluate the condition of the home. In case the existence of defects is confirmed, a judicial process can be initiated to claim the corresponding repair or compensation.

The problem comes when it comes to agreeing on when these warranty periods begin to count, and no, it is not from the date of delivery of the home or the public deed by means of the purchase of the same; the deadline starts to run from the acceptance certificate of works signed between the promoter-builder-technicians.

So, what happens if I buy a new home two years after it has been completed? You can still make a claim as this case is covered by the Civil Code and the statute of limitations will be 5 years. It is important to note this point since in these cases it is common for developers to provide a document stating that the extra warranty period is extended to 1 or 3 months, which contravenes the Civil Code.

Regarding the deadlines for filing a lawsuit, they must be counted from the date on which the construction defect is detected and notified.

In summary, it is important for new home buyers to be aware that building a home is not without risks and construction defects may appear. In this situation, it is essential to know the deadlines and procedures for claiming defects and demanding repairs. Therefore, it will always be advisable to be protected during the buying process. If you are buying a new or second-hand home, do not hesitate to rely on Valido Home. Save time and money and let us take care of everything for you!