ADVICE FOR CLAIMING CONSTRUCTIVE DEFECTS OF A HOUSE

Buying a house is a big economic expense and a great dream that can be ruined by the appearance of constructive defects. If we find constructive defects, it is advisable for the buyer to act diligently to inform the seller in writing as soon as possible. If needed inform the agents responsible for the building and its insurers, thereby interrupting the legal expiration periods.

It is important to differentiate between new housing and second-hand housing because depending on the age of the building, the responsibility of the construction agents (developer, constructor, architect and quantity surveyor) will expired. In second-hand homes, in which the responsibilities of construction agents have expired, we can only claim from the seller the hidden defects.

Firstly, it is fundamental that all the claims we make are in writing and also record that the recipient received the document. This measure, in addition to that pre-test and recording all the previous history, will serve to interrupt the limitation periods.

On the other hand, we should contact a specialist in construction pathologies to make a report. This should define which group of damages are classified as housing defects, the causes of the defects, the measures that can be taken for their repair, the possible agents responsible, and the corresponding evaluations and measurements to quantify the cost of the possible monetary claim.

Finally, in the event that the extrajudicial claims do not produce results, we will have to resort to the courts. Depending on the circumstances of the case, we can sue both the seller and other responsible agents (developer, constructor, architect and quantity surveyor). We can also demand the in-house repair of the damage or its economic equivalent.