swimming pool is leaking, does 10 year guarantee cover it?

[Anonymous]

Hi
I wonder if anyone may have any advice for me or experienced a similar problem.
I purchased a house recently in Mallorca and during our first stay we noticed that the pool was leaking. The level drops noticably on a daily basis.
The property is 7 years old and so is covered under the 10 year guarantee that I understand is compulsary for resale properties.
I have contacted the people we purchased from but they are not interested and when pushed just said ‘ write to our solicitor’
Any advice anyone? How reliable is this compulsary 10 year guarantee and does it cover pools?
Thank you
Susan

[Anonymous]

Firstly, the Building Act 38/1999 that made the various construction warranties compulsory (for new builds, not resales) didn’t come into force until 2000 or 2001 I believe and so your property may not have these in place if it is 7 years old.

Also if it was built by a self-promoter the construction insurances aren’t compulsory. So, you need to check that your property does or did actually have these?

The 10 year insurance covers: “damages caused to the building by faults or defects originating in or affecting the foundation, supports, beams, framework, load-bearing walls, or other structural elements and which directly jeopardises the building’s mechanical resistance and stability.”
It would probably be argued that the swimming pool is not the building.

You may have come back against the pool’s designer and/or the builder of the pool who may have been a subcontractor. Did you have a structural survey/pool survey done before purchase?

You need to check all your purchase paperwork carefully to see what you have.

[mariadecastro]

I would better take the route of ” accion de saneamiento” ( hidden deffects) against the seller. Provisions 1484 and seq of the Spanish Civil Code.

You have got a deadline of 6 months since the sale and can ask for adjustment of the price according to a surveyor´s report.

10 years action is against the builder or developer, but I think that would be an action for the sellers to act agauinst those building agents, and that you should better act that other one I just mentioned.

[Author]

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