My house has flaws! Who is responsible for this?

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Today I bring you some important information and advice. A short post and to the point, one of those who meet the “Pareto principle” (80-20 rule: 20% of information that will give 80% of the result) at least on the subject of home repairs, disputes and misunderstandings with the builder and architect.

Also, from experience, you are not few who want to know a little more of this since, from which began the “housing boom”, you can get an idea of how they used to build…

Put yourself in situation: hundreds of real estate, inexperienced builders,unscrupulous politicians drunk of money, many architects who wanted to work a lot but careless and, ultimately, an entire country raising buildings in record time because everyone buys and a new small apartment in costa del sol, lasts less than a candy at the door of a school…

¿The impact?


The worst flats built in Spain for many years … and a wave of complaints and lawsuits against builders who are, after all, responsible for these issues.

So I will tell you what are, by law, the mandatory guarantees of the constructor.



Mandatory guarantees of theconstructor:

1 year: Covers damage to the interior finishes.

3 years: Covers damage to facilities or building supplies that may affect the habitability of the building.

10 years: covers structural damage.

These deadlines are counted from the works acceptance report, which is signed by the developer and the builder.

And there is no more, ladies and gentlemen.

Unfortunately, 90% of the defects you observe with the naked eye are in the first group… such as chipped paint, misfits doors, creaking windows, curved floors… etc.


The issue?

The constructor disclaims his responsability the following year, which, in regard to longevity of the building, is rather a sigh.


My advice:

Note that these warranty terms are the minimum required by law, but not the maximum. That is, all builders can commit to increase the deadline. So before you sign anything, negotiate this point and ask them to increase their guarantee as much as possible.



Bonus: Before getting into fights with the construction company, try to talk to them and understand each other. There are many constructors and very good in this country who value more their prestige than a few thousand euros, in addition to the psychological cost and energy that both sides should invest in the litigation process. If the repair is not too expensive, you will be surprised about their willingness to solve your problem if you get to them with humility and valuing their work, this is, using tact and delicacy


I hope this post will be useful to understand a little better how it is regulated the issue of guarantees.


If you’ve had any experience with flaws … I love to read comments and I’ll help the best i can!


Thank you and good luck in the future!


I am Architect, I started my career in Marbella (Málaga) and I set up my second study in Fuengirola. Currently I help people all around Andalucía to design and build the house of their dreams, accompanying them until the end in this small jungle that is the world of construction.
I will give you all my experience, not only in house designing, but also in the search for construction companies and other professionals that involve most of your budget and I’ll help you choose the best for the best price, for you to save big money.

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