On 6th May 2000 a new Spanish building law was created "la Ley de Ordenacion de la Edificacion". This law obliged developers to set up 10 year insurance policies, that cover their developments for subsequential damage which results from defects in the original foundations, or structure of the building. The cover starts from when the original structure was completed and lasts for 10 years.

In addition to the aforementioned legal obligation there are also other causes of action under Spanish law, which can be used by the owner of a property who subsequently discovers damage due to defects in the original construction. Depending on the particular circumstances of the case the owner may be able to take direct legal action against the developer and/or the architect under Spanish civil law, and these causes of action are available regardless of whether a 10 year insurance policy is in place.

In this particular case to discover what action should be taken the official licence for the development (Licencia de Obras) would have to be examined, in order to check how the development should have been built. Then an independent survey of the property can be made to scrutinise the damage to the property and establish whether the damage was caused by defects in the original construction of the property. Once you have this professional surveyor/architect report your lawyer will be able to check whether you have justifiable claim under the 10 year warranty, and/or a civil action in the Spanish courts against the developer or architect.