The ten-year guarantee: what it covers when you buy new-build

Moving into a brand-new flat doesn't free you from problems: a structural crack, badly done waterproofing or defective finishes can appear months after handover. That's what the building guarantee is for: the law sets minimum periods during which those who built are liable for damage. Here's what each period covers and how to claim.

Important note: this is general, educational information, not legal advice. Periods and liable parties depend on each case: faced with real damage, consult a lawyer.

The three periods: 1, 3 and 10 years

The Ley de Ordenación de la Edificación (the Building Regulation Act) sets three levels of guarantee according to the seriousness of the damage. They run from the reception of the works (the handover of the development):

• 10 years: damage to the structure of the building: foundations, beams, pillars, floor slabs and other elements that compromise resistance and stability. This is the famous "seguro decenal" (ten-year structural insurance) and the most serious period: it covers what can put the building at risk.
• 3 years: damage to construction elements or installations that affect habitability: damp from bad waterproofing, failures of thermal or acoustic insulation, problems in the installations that prevent normal use of the home.
• 1 year: finishing and workmanship defects: paint, badly laid tiling, joinery that doesn't fit, defective taps. What's visible and what's cosmetic.

Note the logic: the more serious the damage, the longer the period. A crack in a partition wall isn't the same as a crack in a pillar, and the law treats them differently.

The ten-year insurance: your safety net

For homes, the developer is obliged to take out a seguro decenal (ten-year structural insurance) covering structural damage over the 10 years. This matters for a practical reason: if the developer disappears or becomes insolvent within that period, you're not left with nobody to claim against: the insurer answers.

When you buy new-build, ask to be shown the ten-year insurance policy: company, number and cover. It's a document that should be available without any problem.

Who you claim against

It's not always "the developer". Depending on the type of damage, different building agents can be liable:

• The developer: always liable, for everything, during all the periods. They're your main point of contact.
• The builder: for defects in execution.
• The architect / technical architect (aparejador): for damage arising from their design or from site management.
• The ten-year insurer: for structural damage within the 10 years.

In practice, the claim is directed at the developer (and, if needed, extended to the rest). That's why it matters that the developer still exists and is solvent: another reason to investigate who you're buying from, as we explain in buying off-plan.

How to claim well (and on time)

1. Detect and document. Photos, videos and dates from day one. If the damage evolves (a crack that grows), document it over time.
2. Claim in writing. Burofax (a certified written communication) or recorded post to the developer describing the damage. Verbal leaves no trace.
3. Don't let the deadlines pass. The guarantee runs from the reception of the works, not from when you discover the damage. If you're near the limit, act now: a lawyer can interrupt time limits with a formal claim.
4. Technical report. For damage of any substance (damp, structure), a report from an independent technician is worth more than a thousand photos: it certifies the cause and the extent.
5. Negotiate first, court later. Many developers repair if the claim is well put. If there's no agreement, the judicial route remains open.

A classic mistake: waiting "to see if it gets worse". Time works against you because of the guarantee periods, so claim as soon as you detect the problem.

What the guarantee does NOT cover

• Normal wear from use and the passage of time.
• Damage caused by misuse or lack of maintenance (damp from not ventilating is not a construction defect).
• Renovations you did yourself after handover and their consequences.
• Elements the law doesn't include in those periods (appliances, for example, which have their own consumer guarantee).

Before buying new-build: ask this

• Who is the ten-year insurer and what's the policy?
• Does the developer answer directly for the first-year finishes?
• Is there an after-sales service with a clear complaints channel?

The answers tell you a lot about who you're dealing with. A serious developer isn't bothered by these questions: they expect them.

Looking at new-build in Cullera or La Safor? At Llevant Patrimonial we help you review the development's documentation before signing, including the guarantees part. Opening soon.