Guides · CONCORDIA LEGAL
Construction defects in Spain: liability periods and deadlines
One, three and ten years are not automatically the time you have to file a claim.
Classifying the damage
Where the Building Act (LOE) applies, it distinguishes finishes, habitability and structural damage compromising stability. A crack or damp patch may require expert diagnosis.
Two different time limits
The one-, three- and ten-year liability periods run from acceptance without reservations or their correction. Article 18 also provides a two-year period for actions concerning those damages from their occurrence. Dates and actions affecting time limits must be reviewed individually.
Who is responsible
Cause and the role of the contractor, developer or technicians must be established. Not everyone is automatically sued. Contractual liability may also require assessment and not every renovation falls under the LOE.
Documents to collect
Acceptance certificate, building records, deed, involved parties’ details, dated photos, expert reports and prior notices. For common areas, include communications with the owners’ association and establish who should act.
Agreeing repairs
Keep evidence of the demand and its receipt. Any agreement should specify work, dates and checks on completion. Do not wait for a guarantee period to end: the deadline for the action may differ.
General information. The lawyer reviews your case, documents and deadlines before proposing action.