Welex, lawyers and accountants in Marbella, has the pleasure to write a few lines on civil responsibilities at time of buying a new property in Spain.

Did you buy a new building property in Spain? Do you wish to purchase a newly build property in Spain? The Spanish law states periods of guarantee and gives the consumer the possibility to exercise with success legal actions in Spain. The below information is provided by our firm Welex, your multilingual property lawyer in Marbella, Málaga, Spain!

The Spanish law 28/1999 of November 5 establishes a series of periods of guarantee, to be able to exercise the corresponding legal actions in Spain, for the material damages that can arise after the construction of a building, or part of these, against the agents that took part in the construction:

a) A term of guarantee for a period of 10 years, for those material damages caused in the building as a consequence of the existence of defects or damages that affect the foundations, supports, beams, slabs, load-bearing walls or other structural elements, that may compromise the mechanical strength and stability of the building in Spain.


b) A term of guarantee for a period of 3 years, as a result of the existence or appearance of material damages due to defects or deficiencies of those constructive elements that suppose the breach of any of the habitability requirements, such as hygiene, health, noise, energy saving, environmental protection, rational use of energy in Spain.


c) A term of guarantee for a period of 1 year, to exercise the actions against the constructor for the material damages that affect elements of completion or finishing of the works in Spain.

In Spain, the actions to demand liability will expire within 2 years from the occurrence of said damages, as long as these appear within the aforementioned guarantee periods.

The responsibility will be considered joint and several among all the agents involved in the construction process, when the cause of the material damage can not be identified or the concurrence of faults is proven, but without the degree of intervention of each agent in the damage produced.


In any case, the promoter will be jointly and severally liable before the purchasers of the property, for those material damages arising from defects or construction defects in Spain.


If you have purchased a new home in Spain, or if you have made any alterations to it, if you notice any damage, visit to our litigation law firm in Marbella, where we will analyze your case and the measures that may be adopted.  Welex, your property law firm in Marbella that provides all round services throughout Spain.

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