The guarantees for works are an aspect that causes doubts and uncertainties for those who are considering contracting any type of construction or reform. It’s quite common in all customers and the truth is there’s no simple answer.
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)
In the latter case, it is stated that the provision of services has a time period of about 6 months maximum in order to claim a hidden defect.
While the LOE requires that the deadlines taken into consideration would be those in relation to a new construction, regardless of whether it is reform or a new building work. This would translate to 1 year, in terms of defects that are detected in the finishes. For example, tiling, painting or the lining of the house. Or 3 years for those defects that make the house uninhabitable, such as the cases of damp or the lack of thermal and acoustic insulation. In addition, the LOE considers the period of a 10 year warranty for defects capable of affecting the structure of the building, and that also compromise its stability. It should be noted that, in order to hold the construction companies involved accountable, a 2 year time period will be allowed. This time period will start from the discovery of the defect.
On the other hand, the Civil Code provides that when a reform has not been able 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, broken down with all the items of the reform or construction.
On the terms of the invoice
The invoice for the job is the greatest guarantee to make any type of claim. Without it you will not have a chance to present any claim, that is its importance. However, it should also be noted that it is essential that such an invoice contains certain information such as:
- Name of the company or self-employed person (also its CIF or NFI, and headquarters).
- Detailed description of the renovation or construction.
- Net amount next to IVA (VAT) (this is separate).
- Signature and seal of the company or self employed person.
- Warranty period.
On the description of the reform, it should be noted that the more details offered in this, the greater the possibilities of a guarantee with greater solidity.
The warranty period must also be found there. If it is not present, consideration shall be taken of the time limits that are established by default in the legislation.
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 reforms.
Our 1000+ homes built have 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, in terms of reforms, 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.