The warranty periods in the LOE are great unknowns. Are you building your dream house and due to a builder’s negligence, your new home is turning into a nightmare? Don’t know what to do? At A&O Lawyers, your specialized warranty law firm, we explain the warranty periods in the LOE.
The Law 38/99 of November 5th, 1999, on Building Regulations, www.boe.es/buscar/act.php?id=BOE-A-1999-21567, in Spain, is a key regulation that governs various aspects related to building construction.
Within this law, Articles 17 to 20 play a fundamental role in establishing the obligations and responsibilities of the parties involved in the building process. These are the articles that regulate the warranty periods in the LOE. In this blog, we will explore these articles in detail and highlight their importance in the construction sector.
Article 17: Building Project:
Article 17 of the Building Regulations focuses on the building project, which must be drafted by a competent professional. This article establishes that the project must include the report, plans, specifications, safety and health studies, among other elements.
Additionally, the project must comply with technical standards and requirements established by current legislation.
The importance of Article 17 lies in ensuring that building projects are carried out by qualified professionals, which contributes to the safety, quality, and functionality of the buildings.
Moreover, this article provides a solid foundation for construction control and monitoring.
Article 18: Construction Supervision:
Article 18 refers to construction supervision, which must be carried out by a competent construction supervisor. This role is responsible for overseeing and controlling the construction process, ensuring compliance with the project and applicable regulations.
The construction supervisor is also responsible for preparing the safety and health study and ensuring the proper execution of the work. The relevance of Article 18 lies in the need for a qualified professional to supervise the construction and ensure its proper development. Construction supervision is essential to prevent errors, address potential deviations, and maintain the quality and safety of the building.
Article 19: Execution of the Works:
Article 19 addresses the execution of the works, stating that it must be carried out in accordance with the approved project and under the technical direction of the architect or technical architect. Additionally, it states that the materials used must comply with the corresponding technical specifications and regulations.
This article is crucial to ensure that the construction is carried out properly, following the established parameters. The execution of the works in accordance with the project and quality standards contributes to the durability and habitability of the building.
Article 20: Acceptance of the Works:
The last article we will address is Article 20, which deals with the acceptance of the works. According to this article, once the construction is completed, the building will undergo acceptance, which involves verifying that it has been carried out in accordance with the project and agreed conditions. The acceptance can be provisional, with a subsequent final acceptance.
The construction of the works and their delivery can often be a tedious process, where faults are not always evident, which is why the warranty is established. During this period, it is common for issues and discrepancies to arise among the parties involved. In such circumstances, having the support of a lawyer specialized in building regulations can be crucial. In this blog, we will explore how a lawyer can play a crucial role in problem resolution during the warranty period established by Law 38/99.
Legal Advice and Problem Prevention:
Our specialized lawyers at A&O Abogados in building regulations can provide legal advice to all parties involved, including developers, builders, architects, and property owners. It is important to note that warranty periods in the LOE can be complex.
From the beginning of the project, the lawyer can review contracts and related documents, ensuring they comply with legal requirements and protect the rights and interests of their clients. This can prevent future problems and disputes.
Interpretation of Regulations:
Law 38/99 establishes a set of requirements and obligations for all parties involved in the construction process. A specialized lawyer from A&O Abogados can help interpret these regulations and ensure that all parties are fulfilling their legal responsibilities. If any discrepancies arise in the interpretation of the law, the lawyer can provide guidance and assistance in resolving the issue appropriately.
During the warranty period established by Law 38/99, issues related to construction defects, missed deadlines, or disputes regarding responsibilities and compensation claims may arise. A lawyer specialized in building regulations can mediate between the parties involved and seek amicable solutions. In case an agreement cannot be reached, the lawyer can represent their client in legal proceedings, either through negotiations or in a court of law.
Defense of Client’s Rights:
When a property owner discovers defects or issues in the construction during the warranty period, it can be challenging to assert their rights. A&O Abogados, your specialized LOE law firm in Marbella, can assist the owner in gathering evidence, assessing damages, and claiming appropriate compensation. The lawyer will work to protect the client’s rights and seek the best legal and financial solution.
Monitoring Deadlines and Legal Procedures:
Law 38/99 establishes specific deadlines and procedures for filing claims during the warranty period. Our professionals specialized in building regulations will be familiar with these deadlines and procedures, ensuring that all legal requirements are met in a timely manner.
If you have any discrepancies in these matters or want information because you are considering undertaking a new construction or remodeling your home, do not hesitate to contact A&O Abogados. We will be delighted to assist you. Call us now.
In the meantime, feel free to read our blog post on buying a property in Spain: www.andradesortegaabogados.es/index.php/2023/05/12/comprar-un-inmueble-en-espana/