- This topic has 15 replies, 7 voices, and was last updated 16 years, 7 months ago by
.
-
Posts
-
-
-
-
-
-
Hi Frank
I don’t think the community has found it useless we’ve made a successful claim, not sure if any owners have. I guess it should start when you buy your NEW apartment and it’s down to you to make sure you get the full ten years as i said it’s down on your Escritura which would imply it starts at it’s date.
Regards
Paul
-
-
-
Katy: sorry I am at a loss
“If it is an apartment the shell of the building would be covered by the community 10 year insurance “
Do you mean the developer should cover. I cant see what the community has to do with it, they did not build it !!!! Further what is a shell so will dodgy tiles, plastering, paint peeling off would be a shell ??
May be Mark could use his net work for this one. As at the end of the day it does not matter what you or I consider. What is the Insurance industry definition & dividing line.
-
As far as I know the community is responsible for insuring the structure/roof etc. So, I assume that they would hold a 10 year guarantee for this too 😕
When we owned a Towhouse the only insurance we needed was for contents/fixtures and fittings. I saw the community policy. Most people there were unaware and had been paying twice! I was told all communities had to insure the shell? Perhaps its yet another grey area.
-
The building shell is normally accepted as the structral shell (roof, walls and floors), which is needed to keep a property wind and watetight, excluding doors and windows, and not including the cosmetics such as render, plaster, tiles and any other finishes.
Always worth checking on the schedule of inclusions. -
The General Building Act provides that any developer, builder, architect, supplier, surveyor or even quality control companies taking on work in connection with the provision of a dwelling owes a duty to every person who acquires an interest in the dwelling. That statutory “fitness for purpose” duty is owed to the purchaser of the dwelling or to any subsequent purchaser. The owner has a claim in tort against those responsible for the design and construction. If his property turned out to be defective, they could claim the cost of putting it right from all involved because of the contractual relationships such as a building project frequently involves a certain number of parties. It is essential to take in consideration that in Spain judges allow the owner to sue the manufacturer jointly with the builder where a separate liability for the defects cannot be easily ascertained, both the builder and the manufacturer could be liable. As the Supreme Court has stated, the purchaser cannot bear the burden of proof where several parties have participated in a building project and the liability for the defects is uncertain. A shared liability by the different parties is not unusual, and as a consequence the Court can determine an apportionment However, where it is possible to ascertain who is the only liable party –for instance, a manufacturer, then the purchaser might be entitled to sue him.
Section 17 of the Act goes on to say that any legal action brought under this statute must be brought within:Ten years since the building was concluded in case of damages caused by flaws or defects which affect foundation, supports, beams, frameworks, load-bearing walls or another structural components that directly jeopardize the mechanic resistance and stability of the building
Three years since the building was concluded in case of damages caused by flaws or defects which affect the liveability of the building such as healthiness, internal impermeability of the building, acoustic and heat insulation, energy consumption
One year since the building was concluded in case of damages caused by flaws or defects which affect the
The obligations and liabilities of the individuals or bodies who take part in building construction are regulated by the General Building Act .The builder is the person on whom the main responsibilities relapse, though it is not the only one that must be responsible, the developer, architects, suppliers and quality control companies who take part in the construction have liabilities to the proprietary and third buyers of real estate or part (report) of the same ones, in case of complaints as deficiencies (faults).
-
Thank you Spanish lawyer. Where we talking about internal works not structural e.g. faulty tiles on the kitchen floor/bathroom and the developer has been notified.
What happens when the two years has lapsed, the developer has not taken action and/or where the action taken has been inadequate and the problem has arisen again after the two year period ????
-
You are entitled to claim compensation or to enforce the terms of your contract under the General Building Act in the County Court or/and you could ask your developer for an official complaint sheet “hoja de reclamaciones” (It is required by law to provide this form). If your developer does not provide the sheet it can be fined. This sheet comes in three copies, your developer will keep one and you take the other two, one to keep and the other to present at your local consumer authorities.
It is possible to pursue a claim in respect of defects other than by way of contract. In appropriate circumstances reliance can be made upon General Building Act and on the law of tort. However, be warned that pursuing a claim under the law of tort can be a most tortuous route -
Spanishlawyer: Thank you. I have never seen “Hoja de reclamaciones ” in any offices except bars & restaurants.
If the Developer does not have one and/or not willing to provide one , can an unsatisfied consumer obtain this from another source.
If it is obtained from other source. Can the top copy be posted to the company’s head office and the remaining one to be sent to the local consumer authorities ???????.
-
-
-
- The forum ‘Property Questions & Answers’ is closed to new topics and replies.
