The civil liability of the agents involved in the building process is regulated in Article 17.1 of the LOE, which establishes the following:
The agents involved in the building process, both natural and legal persons, must respond to the owners and buyers of the buildings or parts thereof, if they are divided, for the material damages that occur in the building within certain periods, which start from when the work is received without reservations or from when any reservations that there may have been are resolved.
The periods of liability are as follows:
Ten years for material damages that affect the stability and resistance of the building, such as those that occur in the foundation, supports, beams, slabs, load-bearing walls or other structural elements.
Three years for material damages that prevent the proper use of the building, such as those that occur in the construction elements or installations that do not meet the habitability requirements of Article 3.1.c) of the LOE.
One year for material damages that only affect the finish or completion of the works, such as those that occur in decoration or finishing elements. Only the builder is responsible for these damages. To calculate these periods, one must take into account the date of receipt of the work or the date on which it is tacitly understood to have been received if the developer does not object within thirty days from being notified of the final certificate of work. Also to be taken into account is the date on which acceptance of the resolution of any reservations made upon receipt of the work is accepted.
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