Responsibility in the building process is a fundamental issue in today’s society, where the demand for safe and sustainable housing is increasing. Building a house is not just a technical process, but also involves a great responsibility towards those who will live in it and towards the environment.
Firstly, responsibility in housing is directly related to people’s safety. It is essential that houses are built to strict safety and quality standards to ensure the protection of the occupants. The materials used, the foundation, the structure, and the electrical and plumbing installations are all aspects that must be carefully planned and executed to prevent accidents and ensure the durability of the house over time.
In addition, responsibility in the construction of housing also includes environmental sustainability. In a context where the urgency of mitigating climate change is undeniable, it is essential that buildings are environmentally friendly. This means choosing environmentally friendly materials, using energy- and water-saving technologies, and designing spaces to encourage natural ventilation and lighting.
Another important aspect of responsible housing is accessibility and inclusion. Housing must be designed and built to be accessible to all people, including those with reduced mobility or disabilities. It is essential to ensure that all spaces and services in the home can be used by everyone, promoting inclusion and equal opportunities.
And if these conditions are not met, who is responsible?
1.- Who is considered to be a builder?
According to article 8 of the Building Regulation Law, a ”builder” is defined as follows:
”Building agents are any natural or legal persons who participate in the building process. Their obligations shall be determined by the provisions of this Law and other applicable regulations, as well as by the contract that gives rise to their intervention”.
2.- Which agents are responsible in the process of constructing dwellings.
According to the Building Ordinance Law, each party is responsible for its own actions in the building process, and these parties are:
- The designer: ”The designer is the agent who, on behalf of the developer and in accordance with the relevant technical and urban planning regulations, designs the project”.
- The constructor: ”The constructor is the agent who undertakes by contract with the developer to carry out the works or part of the works with human and material resources, whether his own or those of others, in accordance with the project and the contract”.
- The Project Manager: ”The Project Manager is the agent who, as part of the project management, directs the development of the work in terms of technical, aesthetic, urban and environmental aspects, in accordance with the project that defines it, the building permit and other mandatory authorisations, and the terms of the contract, with the aim of ensuring its suitability for the intended purpose.”
- Product suppliers: ”Product suppliers are manufacturers, stockists, importers or sellers of construction products.”
- Control bodies and laboratories: ”Construction quality control bodies are those qualified to provide technical assistance in verifying the quality of the project, the materials and the execution of the works and their installations in accordance with the project and the applicable regulations.”
- Owners or third party purchasers: ”The obligations of the owners are to keep the building in good condition through appropriate use and maintenance, and to receive, keep and transmit the documentation of the work carried out and the insurance and guarantees that it has.”
3.- For how long are property developers liable?
As explained in our article on legal claims for defects in construction, the period for claiming damages from the time of delivery of the property is as follows:
- 10-year period: material damage caused to the building as a result of faults or defects affecting the foundations, supports, beams, slabs, load-bearing walls or other structural elements which directly affect the mechanical resistance and stability of the building.
- Period of 3 years: material damage caused to the building as a result of faults or defects in structural elements or installations that cause non-compliance with the requirements of habitability (article 3 of the Building Code).
- Period of 1 year: material damage due to defects or deficiencies in the execution of the work affecting the finishing or finishing elements.
In conclusion,
Liability in the construction of housing is a crucial aspect, ranging from the safety and quality of buildings to their impact on the environment and their accessibility for all. Building professionals, governments and society as a whole have a responsibility to work together to ensure that the homes they build meet the highest standards of quality, sustainability and accessibility, thereby contributing to the creation of safer, healthier and more equitable communities.
If you need advice about damage to the property you have purchased, or have any other property law queries, please do not hesitate to contact us. Our team of specialist lawyers will be happy to assist you and provide you with the guidance you need to make informed decisions and protect your interests.
At Quikprokuo, we work with passion and commitment to provide effective legal solutions and peace of mind for our clients in the property field. Claiming for property damage can be a complex and stressful process that requires ongoing professional advice.
Visit our website and find out how we can help you with your property legal needs in Spain – we are here to assist you every step of the way!
