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Poveda Hayes Abogados & Solicitors is a general practice law firm focused on the diverse needs of expatriates living in the Valencia Community and on the needs of English speaking non-residents engaging in property purchases and conducting business affairs in Spain. We have offices in the heart of the city centre of Valencia and also in Jávea, Alicante, allowing us to provide services to our clients throughout the Valencia Community, both in the coastal and the interior regions, spanning from Castellón to the north and Alicante to the south.
Is the Clock Ticking?
Spanish Construction Law & Time Limits
Poveda Hayes Abogados & Solicitors is currently representing a substantial number of clients before the Spanish courts in cases involving property disputes. A significant proportion of such actions involve claims taken by home owners against the constructor of their home for building defects or structural failures. This week Poveda Hayes looks at the time limits imposed by Spanish Construction law.
A key question that must always be posed by anyone considering taking an action before the courts is whether or not the time limit within which such an action can be taken has expired or not. These time limits are referred to as statutory limitations. If proceedings are not commenced within the applicable time limit the action will become statute barred meaning that the party that suffered the loss or damage will lose their right to have their case put before the courts. The concept is that the injured party must act against the wrongdoer without unreasonable delay so that the connection between the injury or damage sustained and the wrongful action can be proven. It essentially
evolves around the practical question of causation. The more time that passes the harder it will be to prove who is ultimately responsible.
This is of particular relevance in disputes concerning building defects or structural failures. It stands to reason that the longer the house is lived in or the building is in use the harder it will be to prove that the fault in the building or the defect complained of is as a result of the workmanship of the builder or the constructor.
This is complicated further by virtue of the fact that it may often take a considerable passage of time before the defect complained of actually surfaces or before the owner of the property becomes aware of the problem. The basic rule is that the fresher the evidence presented to the court the stronger the evidence will be.
Under Spanish law, time limits vary from action to action. A claim under the provisions of the Consumers Protection laws will be treated differently from a claim between two companies. Similarly, mandatory guarantees arising from real estate transactions, insurance, travel or transport contracts vary significantly.
The Spanish civil code establishes that an action taken for defective construction of the essential parts of a building will be accepted provided that the cause of action occurred within a ten year period from the date of the conclusion of the works. A fifteen year time limit from the date of occurrence applies to latent defects; a defect that is not immediately apparent or is hidden for a prolong period of time. The following are examples of what is considered to be essential or components of a building under Spanish law:
Foundations
Beams
Pillars
Support elements
Retention walls and other structural elements
On a general level an “essential element” of a building for the purposes of this time limit includes any element that directly compromises the mechanical resistance and stability of the building in question.
The above time limitation of ten years is reduced to three years where the defects of the building are construction elements or installations which have an adverse effect on the following habitability conditions:
Hygiene, health and protection of the environment, understood as being necessary for achieving the necessary conditions of sanitary, watertightness and insulation.
Protection against noise, understood as being enough to prevent risk to the health of occupants and enabling them to carry out their activities normally.
Energy saving and heat preservation / regulation, understood as necessary for achieving a rational use of energy to allow an adequate use of the building.
Other functional aspects of the construction elements or of the installations to allow a satisfactory use of the building.
All the intervening agents in the construction are answerable for these construction faults or defects. This means for example that the developer, constructor, architect and structural engineer may be liable to the extent of their involvement in the construction of the building in question. An action can be brought jointly against of such parties where the individual responsibility for the faults or defects is not clear.
A time limit of one year applies in respect of actions against constructors for any defect or fault concerning the finish of the construction during a period of one year from the moment of completion of the works.
Javea Office Address: Avda del Plá, 126 - 1.20, 03730, Jávea (Alicante).
Valencia Office Address: Avda. Barón de Carcer, 31 -3º 6ª, 46001, Valencia.
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Spanish Legal Matters 
