Claim for latent defects
You have just bought a house and when you enter you notice important defects that you could not see in the visits prior to the purchase. Remember that you can claim for latent defects and when you should do so, depending on whether it is a new or second-hand building…
Latent defects in second-hand housing
Defects in the dwelling
In a second-hand property, you can claim against the seller for hidden defects, i.e. for those defects that cannot be seen with the naked eye when visiting the property prior to purchase (such as dampness that only appears when it rains, defects in the pipes or in the inaccessible roof of the property, etc.).
However, you will not be able to claim for hidden defects that you, given your trade or profession – if you are an architect, builder, plumber, etc. – should easily recognise.
Serious Defects
In any case, the hidden defects must be pre-existing (prior to the sale) and, furthermore, they must be serious; that is to say, they must be defects that diminish the use of the property in such a way that, had you known about them, you would not have bought it or you would have bought it at a lower price (large cracks, bricks falling off, obsolete electrical installation…).
The malfunctioning of a tap or a blown light bulb are not considered serious defects.
Deadline for claiming hidden defects in second-hand homes
The period for claiming is very short; specifically, it is six months from the delivery of the property (generally, from the signing of the deed), and it is not interrupted by an extrajudicial claim.
When making a claim, you can choose between:
- Request a reduction of the purchase price proportional to the value of the repair.
- Or withdraw from the contract, returning the property and recovering the price paid.
Then
Once this period has elapsed, you can only claim for very serious defects (i.e. when the habitability of the property is seriously compromised).
In this case, you will have five years after the sale to claim for breach of contract.
Special regime
In Catalonia there is a special regime and these deadlines do not apply: the buyer can claim for lack of conformity in the event of defects in the property for a period of three years after the sale.
Latent defects in new housing
Defects Regulated by law
If the property purchased is new, you can claim against the builder, the developer and the architects for those defects expressly regulated by law.
Defects in the home are classified into three types:
- Structural damage (appearing within ten years of delivery of the building). This is material damage that affects the foundations, supports, beams or other structural elements of the building and that compromises its resistance and stability, i.e. that may cause it to collapse.
- Damage that affects habitability (that appears within three years of the delivery of the building). This is material damage that causes non-compliance with habitability requirements (e.g. defective plumbing and sanitary installations that make them unhealthy).
- Damage to the finish and finish (appearing within one year of delivery of the building).
Aesthetic damage that does not affect either the structure or the habitability of the dwelling (such as small cracks).
Deadline for claiming for hidden defects in a new home
You can claim against the promoter and the architect for two years from the appearance of the defects, although the period is interrupted (starting to run again) if you claim out of court.
If you signed a contract with a builder because the house was built on your land, you also have five years to claim against the builder for breach of contract.
