April 24, 2009 at 6:37 pm #54930
We have just bought on a development called Pueblo Blanco.
On our snagging list it was stated by our Chartered Surveyor that the size
of the hot water tank was inadequate for a house of our size. The Developer is refushing to change it for a larger tank.
Is there a law in Spain that covers fitness for purpose? Would the Developers 3 year insurace on fixture and fitting cover this defect?
Can anyone suggest how we might make the Developer change this tank?
May 2, 2009 at 9:27 pm #91922
I don’t have an answer to your actual question, sorry. One thing i would check though would be the original specification for your apartment. I know mine gave the size of the hot water tank they intended and did fit. I would suggest that if it is the size they promised (and sold you) your chances are slim, if not you have an argument.
hope this helps
May 5, 2009 at 12:21 pm #91963
in my experience, due to the huge percentage of sharks and crooks working in the industry in Spain, encouraged by lack of regulation and slow/poor justice, even something as obvoius as this would probably end up in an expensive and lengthy court case!!
As P800aul said, check your original spec’ carefully. I would just get your answer from your lawyer, assuming they are worth their salt?
May 5, 2009 at 2:58 pm #91970
There is a minimum supply rate for hot water to each item of sanitaryware, sink, shower etc.
It’s covered by the Codigo Tecnico de la Edificación Sección HS-4 (Suministro de Agua) 2.1.3 (Condiciones minimas de suministro).
(Have they changed everyone’s flue pipes yet? 😉 )
May 18, 2009 at 6:00 pm #92217
As I understand it, the law doesn’t protect you if you don’t want to complete because of snagging problems (if you are lucky enough to get in BEFORE completion). You can only fill in ONE form, once. So anything that comes to light through use isn’t covered. Supposedly the developer has to fix in 30 days but if they don’t you have to chase them through the courts (see our experience below). Developers cannot be shamed through media exposure.
You think you have 3, 5 and 10 year guarantees as back up, But the 10 year ones are only for major structural (falling down) problems and no one is sure if it is the developer’s responsibility to arrange the 10 year insurance or your solicitor.
This is what our solicitor recently told us
Don’t rely on guarantees! Fingers crossed we won’t have to call on our 10-year stuctural guarantee because we have no idea who the insurance company is. We thought there was also protection from the developer undertaking snagging, plus three and five year guarantees. We had no response to our request for snagging defects to be fixed in 2006 and have taken developers to court. We also thought that we were covered by the 3 and 5 year guarantees we’d read about.
This is what our lawyer has just told us.
“I confirm that the ten year insurance does not cover the reparations that you need. The one and three year insurance is not yet an obligation for the developers even if it is stated in law their responsibility during this periods for damages.”
“Regarding the lawsuit (presented a year ago), at this stage I am sorry to inform you that there is no progress what so ever. The number of the process in the court number 1 of Estepona is XXXXXXX but we have not received any communication. As you know, Estepona is unfortunately the worst town to litigate but we could not choose.”
No we didn’t know.
Remember Dickens’ Jardine and Jardine…
MY advice 1. Steer clear of Estepona. 2. It’s probably not worth suing for anything less than €12,000 of defects. 3. Buy a second-hand house you have had fully surveyed.
May 18, 2009 at 8:31 pm #92223
Has always been the same in Spain. When I see people talking about “snagging” and spain in the same sentence I feel for them because the word doesn’t have any weight here, never did.
May 20, 2009 at 3:27 pm #92272
Many thanks to all of you who replied. I have now checked the Architects Specification and its says 50lts. However 50 lts is not large enough to serve a house that sleeps 8 persons. 👿
I therefore think the best people to go after are the Architects as they presumably belong to a professional body and they shoud have professional Indemnity Insurance.
Could anyone please give me details of Architects Proffesional Bodies in Spain? 👿
June 3, 2009 at 1:16 pm #92454
I don’t know if you’ve ever been involved in litigation before but my experience is that unless you have a very serious point of principal to serve, you may win a moral victory but it will be a very costly one. The only winners in these cases are their lawyers and yours.
So unless you have lots of money and lots of free time, go buy a new boiler, from what i can see the cost for 150 lts from Leroy Merlin is about 350 – 450 euros.
Save the pain and enjoy your new place in the sun.
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