Talking about construction or renovations in a home or commercial premises means entering a chapter that requires time and a significant economic investment, whose viability in well-being (enjoyment of the family) or as an investment (business) is always contemplated in the longterm.
What does Spanish law say about this matter?
On this interesting topic of discussion, it’s worth mentioning the Civil Code, and also the LOE (Ley de Ordenación de la Edificación 38/1999) (Building Management Act 38/1999) as well as the Ley para la Defensa de los Consumidores y Usuarios 1/2007 (Law on the Defense of Consumers and Users 1/2007)
Which time limit applies depends on three things: the type of work, the type of defect and the legal action being brought. There is no single deadline for claiming against any building work.
The LOE applies to new builds and to refurbishments that alter a building’s architectural configuration (for instance, work that changes its volume, exterior composition or structure, or its use). In those cases it sets the following liability periods: 1 year for workmanship defects affecting finishes, such as tiling, paintwork or wall coverings; 3 years for defects in building elements or services that affect habitability, such as damp or poor thermal or acoustic insulation; and 10 years for structural damage that compromises the building’s strength and stability. Once damage appears within those periods, the right to claim expires after 2 years.
Refurbishments that fall outside the LOE are not left unprotected: they are governed by the contract and the Civil Code and, where the client is a private individual, by consumer protection law, which guards against unfair terms.
On the other hand, under the Civil Code, when the work fails to meet the specifications of the project, the client has 5 years to make claims for breach of contract.
It must not be forgotten that if you want to make a claim it will be essential to have an invoice that is capable of justifying the work carried out and a properly detailed contract, itemising every element of the refurbishment or construction.
On the terms of the invoice
Together with the contract, the invoice is the clearest evidence of the work commissioned, which is why it matters. It is not the only evidence: accepted quotations, emails, proof of payment or interim valuations can also show the relationship with the builder, so it is wise to keep all your paperwork. Under the Spanish invoicing regulations (article 6), a full invoice must include, among other details:
- Invoice number and, where applicable, series.
- Date of issue.
- Full name or company name, tax ID (NIF) and address of both the issuer and the recipient.
- Description of the work carried out.
- Taxable amount, VAT rate applied and VAT amount, shown separately.
As for the description of the work, the more detail it contains, the stronger your position should a problem arise.
It is also advisable for the contract to state the guarantee offered by the builder. That guarantee is in addition to the liabilities established by law; it does not replace them.
Why trust Muñoz Lanzas Construcciones?
To avoid having concerns about this issue, it is necessary to choose a consolidated company that pays attention to the interests of its customers, such as Muñoz Lanzas Construcciones. At MLZ Construcción we differentiate ourselves by our professionalism, experience and quality, along with other values such as commitment and R&D +I.
Since 1993 we have worked under a strict criterion of excellence. Our experience in the construction sector makes us deeply knowledgeable about the legality of the works, and the correct way to work under the highest parameters in the construction of villas and buildings, as well as in all kinds of refurbishments.
Our long track record of homes built has made us a company with excellent professionals and optimal results in all the projects in which we are involved.
We also know how to adapt to the demands of customers, so, when it comes to refurbishments, we will always be at the forefront in every aspect. From the guarantees of work, to the timing of it and of course, the commitment to detail.
