Marbella
Land Specialists, Plots of Land Costa del Sol, Land for Sale Marbella,
Spain
Registered
Members
Builders
Liabilities | Costa del Sol
New
built properties are subject to four continuing liability timetables:
First
15 Days – The ’snagging’
period where defects are noted and the builder has 28 days to repair
them. Major alterations or omissions from the agreed specification
can result in the buyer being able to withdraw from the contract
and receive a refund and compensation.
First
Year – The builder is generally liable for all defects
reported within this time.
Next
Two Years – The builder is still liable to repairing
major defects that affect proper enjoyment of the property,
such as roofs, poorly fitted doors and windows, etc.
First
10 Years – The builder is obligated under
law to take out Seguro Decenal, which is a 10 year insurance policy
that guarantees the cost of reinstatement in the even of failure
of the structure of the building.
Liability
After Sale
A
private householder can be liable for hidden defects for a period
of at least 6 months after the sale date of the property.
Acceptance
of Liability
Most
clients of our say, there is no need for a Survey because the Builders’
liabilities exist, but it can be many months of discussion before
the Builder/Insurance Company actually accepts their liability.
During this discussion the client is still suffering with the defect
and will be further inconvenienced when the building work takes
place. A Survey will at least give you an indication of what problems
you may expect.
Community
– By law, all urban properties have to be part of
a community of owners for the administration of all the common areas.
The community body is elected by the owners, with the day-to-day
running of the urbanization being by a contracted firm. You will
be obligated to contribute financially to the community.
The community has the power to charge substantial sums and change
the character of the development, so it is important for the owners
to attend the meetings.
