According to Law 38/1999 of November 5 on Building Regulation (LOE), all agents involved in the construction of a home have obligations and responsibilities regarding any material damage that the property may suffer once construction has been completed.
This law also establishes the basic technical requirements that a home must meet in order to provide a new home warranty for its future occupants.
How long does a new home warranty last?
Spanish legislation clearly defines the validity periods and coverage of a new home warranty. The law establishes three different warranty periods, each with specific durations and coverage:
1-year warranty
During this period, the warranty covers defects related to finishing and workmanship, such as paint defects, scratched frames, or damaged doors.
3-year warranty
Defects affecting construction elements and installations, such as problems with electrical systems, plumbing, heating, or dampness issues, are covered for three years.
10-year warranty
Also known as the ten-year structural insurance (decennial insurance), this warranty covers the most serious damage affecting structural elements, such as foundations, beams, load-bearing walls, or floor structures.
It is important to note that the new home warranty period begins when the builder delivers the completed work, not when the property is purchased.
How to claim damages covered by the new home warranty
If the issue involves minor defects, the buyer should prepare a list of the defects and send it to the construction company via registered burofax, ensuring there is official proof of communication in case legal action is needed later.
However, for more serious issues, especially those affecting structural elements such as walls or beams, or significant construction defects, it is advisable to contact an independent expert or technical professional to prepare a detailed technical report. This report should also be sent to the developer or construction company via burofax.
If the company does not respond or refuses to repair the defects, the next step may be to take legal action through the courts.