The three tiers of defects (LOE art. 17)
LOE art. 17 distinguishes three levels of severity:
- Finishing defects (1 year): doors that don't close, paint that flakes, defective tiling, badly fitted handles. 1-year warranty from handover.
- Habitability defects (3 years): damp, failing installations (plumbing, electrics, HVAC), thermal or acoustic insulation problems, insufficient ventilation. 3-year warranty from handover.
- Structural defects (10 years): those affecting foundations, supports, beams, slabs, load-bearing walls or other structural elements that compromise the mechanical resistance and stability of the building. Decennial warranty backed by mandatory insurance (art. 19 LOE).
Who is liable? Developer, builder, designer and project manager
LOE art. 17.3 attributes liability separately to each agent involved in the building, by origin of the defect. Liability is joint and several when the cause cannot be precisely determined (art. 17.3 in fine). In practice this lets the claimant sue all parties and let the judge sort out internal liability later.
The developer is jointly liable with the other agents for material damage in the building (LOE art. 17.3) and additionally bears the seller's liability under the Civil Code.
Limitation of the claim
Although the warranty runs for 1, 3 or 10 years, the claim itself prescribes 2 years after the damage becomes apparent (LOE art. 18.1). So if damp appears in year 8 from handover, you are still within the decennial warranty and have 2 more years from its appearance to sue.
Caution: these periods are different from those of the Civil Code (arts. 1591 and 1909, repealed but still applicable to transitional cases) and from general contractual liability (CC art. 1101, 5 years from delivery).
Typical procedure
The usual procedure in this firm:
- Case intake and document review: purchase contract, specification document, plans, handover deed, photographs, video.
- Technical survey: a partner architect assesses the extent of the defect, its origin and repair cost.
- Pre-litigation letter (burofax) to the developer identifying defect, cure period and legal basis.
- If no response: civil claim before the Court of First Instance seeking repair in kind or equivalent compensation.
- Enforcement if the developer does not comply voluntarily.
Typical cases in this firm
These are the most frequent files:
- Damp on party walls after the first autumn.
- Cracks in slabs or columns affecting stability.
- Leaks through flat roofs or terraces.
- Insulation failures causing excessive noise from the unit above or beside.
- Electrical installations with overheating switchgear.
- Undersized HVAC (insufficient heating/cooling).
- Garages flooded due to bad waterproofing.
- Communal pools with cracks and water loss.
Frequently asked questions
How long does a defect claim take?
It varies. The out-of-court stage (pre-litigation letter + negotiation) usually resolves in 2-6 months if the developer cooperates. Otherwise, court proceedings at first instance take 10-18 months depending on the court, plus possible appeals.
Should I sue several agents at once?
Recommended. Suing only the developer leaves out the builder, designer and project manager, and the developer may argue the cause is external. Suing all with joint and several liability is the safest strategy when the origin is not clear.
If the developer has gone bankrupt, do I lose my claim?
Not for decennial defects: the mandatory decennial insurance steps in. For the rest, the builder, designer and project manager usually remain solvent.
What if the developer makes me sign a handover deed with no reserves?
Reserves are your right. Refuse to sign or demand that the detected defects be listed. If you signed without reserves but the defects were hidden, you don't lose the claim: the LOE protects hidden defects regardless of the deed.