Defectos Constructivos: Responsabilidad Decenal (LOE 38/1999) y Garantías en la Compraventa de Vivienda 2026

# Construction Defects in Spain: LOE Liability and Deadlines 2026

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.