🏢 Common-area defects (community of owners) in Nerja

Spanish lawyer for common-area defects (community of owners) in new build property in Nerja

Common-area defects (pool, garage, façade, lift, roof, general installations) are claimed by the community of owners via a meeting resolution. The LOE regime and joint and several liability between developer, builder and project management apply. If your new build is in Nerja (Málaga, Andalucía) and you need a Spanish lawyer for common-area defects (community of owners), we handle the case online from Málaga. Santiago Javier Franco Landeira (Bar of A Coruña 1666) runs each file personally.

💬 Free review 📖 Full practice area

📍 Nerja ⚖️ Common-area defects (community of owners) 🎓 ICACOR 1666

How we help in Nerja

Documentary case review
Technical survey with local architect where required
Pre-litigation letter and negotiation with developer
Court claim before Torrox Courts (head of district)
Local procurador coordination

Local context of Nerja

Nerja is Eastern Costa del Sol. Established British community over decades. Low-rise developments due to planning restrictions. Regarding common-area defects (community of owners), files reaching the firm from Nerja usually feature local specifics: high concentration of simultaneous projects, presence of major developers such as Solvia or Habitat with open construction, and courts with their own caseload (Torrox Courts (head of district)).

Applicable legal framework

The common-area defects (community of owners) subject applies in Nerja combining national rules (LOE 38/1999, Civil Code, Consumer Protection Act), Andalucía's planning law (LISTA 7/2021) and the PGOU + Ordenanza Municipal. The latter is especially relevant in Nerja for administrative procedures linked to licences and post-handover works.

Typical procedure in Nerja

Documentary review of contract, spec, handover deed, photographs and communications.
Technical survey on site in Nerja with a partner architect or surveyor.
Pre-litigation letter to the developer with description, legal basis and cure period.
Court claim before Torrox Courts (head of district) if no response.
Enforcement or insurance trigger (decennial, amounts on account).

How we work in Nerja

Attention fully online from Málaga: initial video call, documents via secure email, direct WhatsApp throughout the procedure. When physical presence is needed in Nerja (hearing, service of process, survey), we coordinate with a local procurador. Fixed fees from the first meeting.

Next step

If your common-area defects (community of owners) case in Nerja matches the above, write to us on WhatsApp with: (1) city (Nerja), (2) developer, (3) description, (4) approximate handover date. Within 24 h you get a free preliminary diagnosis.