New-build warranty in Spain: what it covers and how long it lasts

When purchasing a new-build home, you may encounter unexpected issues, such as cracks, subpar finishes or defects in the plumbing or electrical systems. Fortunately, a new-build warranty is in place. In this article, we explain everything you need to know.

How many years of warranty does a new build have?

The Building Regulations Act (LOE) sets out the warranty periods for new-build homes – that is, the timeframe within which you can make a claim. The length of the warranty and the applicable deadlines depend on the type of defect affecting the newly built property:

• A 10-year warranty covers structural defects affecting pillars, beams, foundations, retaining walls, floors and other structural elements.
• A 3-year warranty covers hidden defects or construction and installation faults that affect the habitability of the home or building, such as damp or electrical system failures.
• A 1-year warranty applies to defects in finishes, such as loose tiles, loose flooring or similar issues.

These warranty periods begin from the date the construction company delivers the work, not from the date the property is purchased. Owners should therefore take the delivery date into account when calculating the warranty period, as this is crucial when making a claim.

In addition, buyers have up to two years from noticing a defect to request its repair, regardless of the remaining warranty period.

The importance of the causation

Defects in a new-build home can only be claimed if there is a clear causation to the construction itself. For example, a structural defect appearing within the first few years can easily be attributed to poor workmanship. However, if the same issue arises after 40 years, it is more likely to result from inadequate maintenance. While it could still stem from poor construction techniques, proving the connection would be far more difficult, given the time that has passed.

How to claim for damages included in the new build warranty?

If any defect, hidden flaw, fault or damage is discovered in a new home within the legally established warranty periods, a claim must be made against the developer or any other party involved in the construction:

• It is always advisable to report these defects using a method that provides a reliable record, such as a burofax, as this will serve as evidence should the issue remain unresolved and legal action become necessary.

• If you decide to pursue the legal route, you should be prepared for a potentially lengthy process and additional costs, including solicitor’s fees, expert reports and court charges. If the ruling is in your favour, the developer will be required to cover the legal costs and carry out the necessary repairs.

• Once you identify a defect, you have a two-year period to file a claim, provided that the defect has been reported through a reliable method to the relevant party.

• If a burofax is sent within the first year but legal action is not initiated within two years, the right to claim for that specific defect is lost. However, you can still make claims for any defects that arise subsequently.

What happens if the damage is in common areas?

In such cases, the community president or the property manager is responsible for compiling a list of all defects and requesting their rectification from the developer.

Who is covered by the new-build guarantee?

Responsibility for repairing defects lies with all parties involved in the construction process, including architects, surveyors, the construction company, the developer and finishing contractors.

If a specific party can be identified as responsible due to poor workmanship, that party will bear the cost of repairs. Developers generally assume the bulk of repair costs, but they may seek to recover certain expenses from the responsible agents.

What do developers do when defects occur in new builds?

This is how developers typically handle construction defect claims in new-build homes:

1. Reception and analysis of the claim: The developer receives and reviews the claim.
2. Technical inspection: A technician is sent to assess the reported defects.
3. Detailed report: The technician prepares a report documenting the condition of the defects.
4. Evaluation and resolution: The developer decides whether to accept or reject the claim. If accepted, repairs are scheduled; if rejected, legal action may be required.

Typically, developers have a customer service department to address these issues and are eager to resolve problems.