Why does it happen?
The problem of developer has gone bankrupt in new build property has constructive causes (execution), design causes (project) or material causes (supply). The LOE attributes joint and several liability across the involved agents (developer, builder, designer, project manager). Understanding the origin of the defect comes first because it determines the applicable warranty period.
Bank guarantee or surety insurance respond for amounts paid on account. Decennial insurance for structural damage. How to trigger both.
Deadlines and legal basis
Three possible periods depending on defect nature:
- 1 year from delivery: finishing defects (LOE art. 17.1.c).
- 3 years from delivery: habitability defects (LOE art. 17.1.b).
- 10 years from delivery: stability or mechanical resistance defects (LOE art. 17.1.a, decennial with mandatory insurance).
In every case, the claim itself prescribes 2 years after damage manifestation (LOE art. 18.1), within the warranty period.
Claim procedure
- Document: dated photos, videos, messages to developer with acknowledgement.
- Technical survey: partner architect or surveyor documenting origin and repair cost.
- Pre-litigation letter to developer (and where applicable builder + project manager) with legal basis, description and cure period.
- Civil claim if unattended, before the Court of First Instance at the place of works.
- Insurance trigger where applicable (decennial or payments on account).
How much you can claim
Two main routes:
- Repair in kind: developer or builder executes repair works at their cost.
- Equivalent indemnification: money for repair cost per survey, allowing you to hire your own technician.
Additionally, damages: alternative housing if habitability is compromised, furniture deterioration, ancillary costs, lost rental income.
Typical cases on Costa del Sol
The firm handles similar cases throughout Andalucía, with focus on Costa del Sol (Málaga, Marbella, Estepona, Fuengirola, Benalmádena, Mijas) and capitals (Seville, Granada, Córdoba). Each area has its own specifics (geotechnical, climatic, active developers) that the survey must consider. Foreign buyers (UK, Netherlands, Belgium, France, Germany, Nordics) are routinely attended bilingually.
FAQ
How long does a claim take?
Variable. Out-of-court (burofax + negotiation): 2-6 months if developer cooperates. Court first instance: 10-18 months.
How much does it cost?
Fixed fees from the first consultation. Variable by complexity. Free initial review.
Do I have to come to the office?
No. Online from Málaga: video call, WhatsApp and email. Local procurador when in-person presence is required.
Do you attend in English?
Yes. Fully bilingual ES/EN for foreign clients on Costa del Sol.