Practical legal guide · Spain
Building defects or unfinished renovation in Spain: dispute with the builder
Your new home in Spain has cracks, damp or leaks, or the builder you paid for a renovation stopped work or did it badly. Spanish building law makes builders and other agents liable for defects for ten, three or one year depending on the type of defect, and claims must be brought within a limited time. A lawyer in Spain, usually with a technical expert, establishes what kind of defect it is and who is responsible.
Describe your caseUpdated and verified:
Short answer
- Builder's statutory liability (10, 3, 1 year)
- Expert report
- Claim for repair or damages
Depending on the defect, Spanish law makes builders liable for 10, 3 or 1 year, and the claim must be brought in time. Below we explain what is at stake and what a lawyer in Spain does.
Describe your caseQuick answers
- How long is a builder liable for defects in Spain?
- Ten years for structural defects, three years for defects affecting habitability and one year for finishing work, counted from the handover.
- How long do I have to sue?
- Claims for material damage under the Spanish building law must be brought within two years of the damage appearing.
- Do I need an expert report?
- In most cases yes. The report shows the defect, its cause and the repair cost and is the main evidence.
When this situation arises
- Cracks, damp or leaks appear in a newly built property
- A renovation was left unfinished or the builder disappeared after payment
- The builder refuses to come back to fix defects
- You bought a resale property and discover hidden defects
What options do you have
Demand for repair
A lawyer sends a formal demand to the builder or developer to repair the defects.
Expert report
A technical expert documents the defects, their cause and the cost of repair; it is the basis of any claim.
Court claim
A claim for repair, damages or termination of the contract against the builder, developer or other responsible agents.
Recommended step-by-step process
- 1.
Type of defect
The lawyer and the expert establish whether the defect is structural, affects habitability or concerns finishing work.
- 2.
Responsible parties
The lawyer identifies who is liable: developer, builder, architect or other agents.
- 3.
Time limits
The lawyer checks the guarantee periods and the time to bring the claim.
- 4.
Contract
For a renovation, the lawyer checks the contract, payments and what was agreed.
What documents to prepare
- Purchase deed or building contract
- Renovation contract and budget
- Payment receipts
- Photos and videos of the defects with dates
- Messages with the builder
- Expert report, if available
Common mistakes
- Repairing the defect before it is documented
- Paying the remaining amount despite defects
- Waiting too long after the defect appears
- Relying on verbal promises from the builder
Risks and important deadlines
Limited time to sue
Claims under the building law prescribe two years after the damage appears.
Evidence
Without photos, dates and an expert report it is hard to prove the cause of the defect.
Insolvent builder
If the builder no longer exists or is insolvent, other agents or insurance may be the way to recover.
When it's worth contacting a lawyer
Contact a lawyer in Spain as soon as you notice serious defects or the builder stops work, before you pay any remaining amount or repair the defects yourself. A Spanish lawyer, together with a technical expert, establishes the type of defect, who is liable and the time limits, and brings the claim. LawBridge is a lawyer search engine: you choose the lawyer yourself and send them a request. A lawyer's work is always paid.
Describe your caseFrequently asked questions
The builder took my money and disappeared. What now?
A lawyer checks the contract and payments and whether a claim, a criminal complaint or recovery from other parties is possible.
Verified sources
- Ley 38/1999 de Ordenación de la Edificación, arts. 17 y 18 – responsabilidad (10, 3 y 1 años) y prescripción de las acciones — Agencia Estatal Boletín Oficial del Estado (BOE)
- Código Civil, art. 1591 – responsabilidad decenal del contratista — Agencia Estatal Boletín Oficial del Estado (BOE)
- Código Civil, art. 1124 – cumplimiento o resolución por incumplimiento — Agencia Estatal Boletín Oficial del Estado (BOE)