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Who is responsible for the failures in new build housing?

If you find problems in a property of new construction, there are those who are responsible for it, whether its natural or legal, there are persons involved in its construction, and they must respond individually or collectively.

Buying a new property has a unique feeling. If you buy and move into a second-hand house it usually gives a feeling of joy, but do it in one that has not been lived in, it is much more. However, sometimes you may find unpleasant surprises.

In Golf Sun Spanish Properties we want through this article for you to know who is responsibile. If there are deficiencies in housing construction in Spain, under current law those responsible are

1. The promoter.

It is he who decides, promotes, plans and finances the build either with their own monies or from other resources. They either work for themselves or transfer responsibility to third parties.

2. The architect.

This is the professional person who performs the housing project and certifies that the execution of construction conforms to the project.

3. The constructor.

It is he who executes the work, allocates the tradesmen and sources the materials. He responds directly to any material damage caused to the building by faults or defects caused by incompetence, lack of professional or technical capacity, negligence or breach of the obligations attributed to the head of workmanship and other natural or legal persons covered by their insurance. Also in the case of subcontractors.

4. The rigger.

The technical architect or rigger is the person who directs the development of the work in the technical, aesthetic, urban and environmental aspects.

Of these titles mentioned the following responsibility would fall.

  • To whom do they answer: Faced with the owners and third party purchasers (not others) where buildings or part thereof should they be subject to division.
  • What do they answer: Material damage in respect of the building works, constructed buildings and existing buildings, whose projects in the building license are requested from the entry into force of the law.
  • Time frame during which they respond: There are three periods of responsibility depending on the type of deficiencies that are present:

1. Ten years, due to deficiencies in the building structure.

2. Three years for deficiencies that affect constructive elements or installations involving breach of the requirements of habitability of housing.

3. One year required only to constructor completion and finishing defects.


To ensure that agents can cope with the responsibility that any case may require of them, the law requires that the establishment of property damage or surety bond to cover the following aspects:

To ensure that structural damage is covered for ten years. The minimum amount of the insured sum will be 100% of the final cost of the material execution of the work including the fees of the professionals. This insurance is mandatory. The notary and the registrar shall not authorize or register in the Land Registry deeds of declaration of new work of buildings without the constitution that this guarantee is proven.

To ensure the deficiencies that affect constructive elements or installations involving breach of the requirements of habitability for three years.

To ensure material damage or defects execution defects affecting elements of termination or finish for a year.

Claims deadline.

Two years from the damage.

GOLF SUN SPANISH PROPERTIES, real estate specialised in new build properties for sale in Orihuela Costa

Are you looking for some real estate agents in Orihuela Costa? Are you interested in new build properties on the Costa Blanca and Costa Calida? Discover our great selection of properties on the Mediterranean coast of Spain. Contact us today giving us your preferences, and we will ensure you're enjoying your home in Spain as soon as possible.

Call us on 0034 965 322 863 or email us

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