Warranty for new builds: We resolve all your doubts

Lectura 3 min
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When buying a home, just like any other property, you have the right to a warranty. This means that, for a period after the property is bought, you can file a claim should you detect any defects. Next, we explain everything about the warranty of new builds.

What does the law say about the warranty for new builds?

The construction warranty for new builds is set forth in Law 38/1999, of 5 November 1999, on Building Standards (LOE). It sets forth three different time periods depending on the severity of the defect observed in the property: 

  • 1 year for defects in the finishes
  • 3 years for defects that affect habitability
  • 10 years for major structural defects. 

The entry into force of these periods refer to the moment in which the developer hands over the building, not upon signing the property deed. This means that, as soon as your property is handed over, if some time has passed since it was built, take this elapsed time off each of the three warranties.

For example, if you purchase your home 7 months after it is built, you will have to subtract this from the terms of each of the corresponding guarantees.

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What is the warranty period for new builds? 

The construction guarantee for new construction is set forth in the Law on Building Standards (LOE). As mentioned in the previous section, three periods are specified depending on the type of damage observed:

  • Defects in workmanship affecting the completion of certain aspects. You have a one-year warranty in this regard. A clear example of this situation is a poorly laid floorboard or a tile falling off a wall in the bathroom.
  • Defects of construction materials or installations that affect the habitability of the property. This has a three-year warranty. Some examples are dampness, faults in water, electricity, gas installations, etc.
  • Defects that affect the structure. These defects have a 10-year warranty and are covered by a ten-year insurance policy. This includes the most serious damage to the mechanical strength and stability of the building; for example, foundations, beams, supports, load-bearing walls, etc. To sum up, everything that alters the structure.

As you can see, the warranty for new builds covers a wide range of defects so you can exercise your right to live in a quality home.

What are some of the hidden defects in new builds?

The warranty for new builds is of the utmost importance because it protects you from damage or hidden issues. These are known as hidden defects and, if it weren’t for the warranty, dealing with them would be a complete nightmare.

These types of defects are usually detected once the sale has gone through, but the buyer hasn’t noticed them yet. They are usually defects in the electrical circuit, inadequate insulation, design errors, etc.

Therefore, there’s nothing to worry about because the owner has the right to claim any defect from the developer that falls within any of the warranty categories set forth in the Building Standards Law (LOE)

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How are defects covered by the warranty for new builds claimed?

When it comes to filing a warranty claim for new builds, you must do so within a period set forth by law. This is of the utmost importance because, if not, you won’t be able to claim from the developer or the other parties involved in the construction process.

At AQ Acentor, your comfort concerns us. You can avail of our client portal as soon as you get your hands on your property. On this portal, you can contact us, let us know about any defect you spot, upload photos and add comments, not to mention keep track of the status of each and every issue. To sum up, we offer quick and fluid communication with the developer.What’s more, the client portal has all the documentation related to your home, including plans, supply contract documents, lists of suppliers, manuals, warranties and much more. All just a click away, as well as assistance throughout the entire process of buying your home.

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