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Deficiencies in newly built homes

Technical reports on structural problems

One of the most unpleasant parts of my job has to do with having to prepare technical reports on the construction pathologies of new-built homes, and this not only because it usually involves sticking your nose into someone's work, but also because the great effort that I have to do to try to be as impartial and objective as possible, taking into account the interests of my client and those of other parties.

 

 

This is not because I am a good-hearted person (which I am), but because this type of constructive pathology often ends up in a court of law, with judges who deal with similar cases on a daily basis, and they tend to take into account true reality, its quantification and have a propensity to act negatively when it is clear and evident that one of the parties intends to take advantage of circumstances.

This type of constructive pathology usually ends up in court

It is not uncommon for me to be called upon to intervene in situations where several attempts have been made to reach some kind of compromise between the parties involved in some kind of conflict and everyone is fed up (to put it politely) with each other. In several cases I have found that both parties behave more like a divorced couple who not only want to be compensated for a loss but want their “Shakespearean pound of flesh”.

 

Having said that, it is also true that in most cases there has been real damage and it has been caused by an act of negligence or failure to provide adequate and professional care and especially the British, have tried amicably to obtain a solution to irregularities with great patience and courtesy.

 

To find out if the deficiencies found are due to a failure due to defects found in the original project or to the negligence of the agents involved in the construction process, it is advisable to previously obtain an expert report from an architect or surveyor. These professionals will identify the problems, concentrating on the technical aspects, getting rid of any emotions and feelings.

 

Thus, it is required that a written request on the matter be addressed to the President of the Community Owners when dealing with an urbanization or blocks of apartments, so that it is included in the agenda of the next meeting of the community (or if the damages could be interpreted that could put human lives at risk, convene a specific meeting for this topic).

 

 

At the meeting, the proposal should be to hire a professional to prepare a technical report on the defects detected, to specify their entity, causes, foreseeable evolution and, very importantly, to quantify the damage. Since the CTE (Technical Building Code) came into force (see below), there have been many complaints about the level of noise that can infiltrate road traffic, basements, pumps or neighbours next door, etc. to determine if they are excessive by current standards. regulations

It is important to follow the procedures marked by common sense

Based on the data of the investigation, the President of the Community, acting on behalf of the Community, may address the person or firm responsible for the claim and ask them to correct the defects. Sometimes, this action can also be carried out by one of the co-owners in their own name and for the benefit of the community, but this is not usual.

 

I strongly recommend that this matter be addressed by a professional lawyer from now on and I also recommend that the lawyer be experienced in these matters as there will normally be some form of negotiation between the parties and if this in turn is not successful, over time That will end up in court.

 

If so, they must be taken into account when the building was built since the law changed in 2000 with the LOE (Building Regulation Law) 38/1999 Law of November 5, which came into force on November 6. November 2000 and, more recently, the CTE (Technical Building Code) of 2006, which entered into force in 2007.

 

Any residential building that has presented the building project to obtain a license in the City Council in that year, that is, 2007, will be treated under the new law.

 

If the houses were built before that date, it will be necessary to go to the previous regulations, in particular, to article 1591 of the Spanish Civil Code, which deals with the ten-year guarantee and the responsibility of all construction professionals for deficiencies. of the construction

 

 

If you need a team to make a detailed report of the constructive pathologies of your home, you can contact us without obligation.

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As it is impossible to know in detail every case asked in this blog all our replies are given in good faith but we strongly suggest that you obtain private advice from a solicitor /and /or  architect who will be able to study in depth your own particular case.