Construction Defects: Know The Law of Construction Planning

CONSTRUCTION DEFECTS: Terms of the Owners to claim.

The ignorance of the owners of the different terms of the LOE involves the loss of his right to complain.

With the entry into force of the new Law on Construction Planning, applicable to all buildings which Building Permit has been requested after May, 2000, we can hold accountable the various constructive agents (developer, builder, architect, surveyor , etc.) for personal injury exist in our home or building:

-That affect the structure and foundation

-That affect the functionality and / or habitable facilities, accessibility, acoustic and thermal insulation, etc.

-Bad finishes and finials.

TERMS OF LIABILITY AND WARRANTY? A

Damage affecting the structural safety of the building shall be given within 10 years.

Those that affect the livability and facilities should occur during the 3 years.

And finally the bad finishes and finials shall be in a year.

These periods begin from the date of receipt of the work by the developer (Certificate of Acceptance)

Warranties:

1 year: Answer the constructor finishes or remates.3 bad years: Answer the developer, builder, architects, designers. All agents for property damage caused by faults or defects affecting habitability, functionality and facilities.

10: Everyone responds if they affect the structural safety of the building (foundations, supports, beams, floors, walls of a letter, etc).

The developer will always respond jointly

One of the most common mistakes that we have been seeing in the owners, after the entry into force of the new Law on Construction Management, is the confusion and ignorance regarding the various existing terms, warranty and claims.

If your building or home is damaged and you want to claim construction different agents, we must first prove that they have stated in the WARRANTY PERIOD? A (1 year, 3 years or 10 years), depending on whether finished or bad shots, afectantes damage to habitability and / or facilities or afectantes damage to the foundation and structure.

The warranty period starts from the date of the Certificate of Acceptance of the Work, not from the date of sale, as owners mistakenly think.

DEADLINE FOR CLAIM JUR? DICA: Once the damage is manifested within the warranty period we will have 2 years to claim through the courts.

Therefore, if your property appear humidity (damage of occupancy) within the first year of the three-year warranty makes the LOE, you will have 2 years to claim from that very moment in which they appeared, and not as erroneously come owners believe in thinking that the deadline for claiming begins once after the 3 year warranty.

· Document new and very important to consider now:

BUILDING THE BOOK which are awarded to the Community of Owners is required by the Promoter, constituting the fundamental document for the owner when accountability for constructive damages your property.

Building The Book contains all the written and graphic documents that record the history of the building, for their information and subsequent maintenance by their owners.

Its main function is to practice a Building Maintenance Manual for its owners, collecting all these obligations in the conservation and maintenance of the property. But the documentation is integrated, among other: 'The Project's work and modified, if necessary,-the final certificate of the Work-The Certificate of Acceptance of the work and a list identifying all involved in the process of constructing the building. These documents are essential to the owner at the time of claiming damages or existing construction defects in your building, because through them and how critical information, we know if we are within the warranty period and may or may not be held accountable to different constructive agents.