Guide to liability for construction defects in Spain: LOE art. 17 (periods of 1/3/10 years by type of defect), developer, contractor, architect, quantity surveyor. Art. 1591 Civil Code partially repealed. Recourse action between parties.
Spain's Law 38/1999 (LOE) replaced Art. 1591 CC for new construction and establishes three guarantee periods based on defect type: 1 year (finishing defects), 3 years (habitability defects ( leaks, insulation, installations), 10 years (structural defects ) foundations, load-bearing walls).
All agents (promoter, builder, architect, site supervisor) share liability, with the promoter jointly and severally liable toward purchasers regardless of fault. The limitation period for claims is 2 years from when the defect causes economic harm.
Mandatory 10-year structural defect insurance (seguro decenal) is required for residential buildings (except own-use self-promoters).
Lexiel finds Supreme Court decisions on construction defect liability by agent type and defect category, calculates the applicable guarantee and prescription periods, and drafts extrajudicial claims and court applications.
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