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Frequently asked questions

What guarantees does a new property have?

The Town Planning and Development Act 38/1999 (Ley de Ordenación de la Edificación), of the 5th November 1999 (BOE [Official State Gazette] no. 266 of 6th November 1999) states that property buyers are covered by the following guarantees:

1.- Guarantees on new properties with a building permit posterior to May 2000

This law only concerns new properties or work carried out on buildings for which the building permit was requested after May 2000.

Guarantees

The Town Planning and Development Act provides the following guarantees for material damage caused by building defects:

Property damage insurance or guarantee insurance:

  1. A one year guarantee providing compensation for minor flaws in the internal and external finishings (paint, varnish, taps, etc ….).
  2. A three year guarantee providing compensation for material damage resulting from building defects relating to structural elements or fittings, that lead to the non-fulfilment of the relative prerequisities for habitability in terms of hygiene, health, environmentel protection, noise protection, energy saving and thermal insulation, as well as those relating to any functional aspect of the property’s structural elements or fittings allowing for a satisfatory use of the building.
  3. A ten year guarantee providing compensation for material damage resulting from building defects, and whose origin lies in or affects: the foundations, supports, beams, intermediate floor slabs, load-bearing walls or other structural elements, and which directly compromise the building’s mechanical resistance and stability.