15 Jan My house in Spain was built about ten years ago and has serious construction defects, can I claim the builder? When and in what cases?
1) The responsibility of ten years obliges the builder, or any of the agents that intervened in the work (builder, architect, surveyor, contractor, etc.) and requires the necessary concurrence of two requirements, in such a way that the absence of one of them would impede the applicability of the civil liability regime provided for in the law. The requirements are: A.) Property damage caused by defects or flaws that affect the foundation, the supports, the beams, the slabs, the load walls or other structural elements, and B) that affects the mechanical resistance and the Building stability.
2) For the Spanish Supreme Court compromising the mechanical resistance and stability of the building is equivalent to exposure or put those at risk.
3) The mechanical resistance and stability of the building must be understood as the collapse of all or part of the work or important deformations in an unacceptable degree.
4) For the Spanish Supreme Court, since the commitment to mechanical resistance and stability of the building may be potential, it is necessary to compromise the strength or stability of the building even if it does not affect it yet.