Ten-year, triennial and annual guarantee (LOE)

The Building Planning Law (LOE) establishes a specific regime of responsibilities and guarantees for the agents involved in the construction process. It distinguishes three terms depending on the nature of the damage: ten-year, three-year and annual. This article offers an exclusively informative indicative reference. The application to the specific case and the claim strategy should always be evaluated with a lawyer.

General structure of the regime

The LOE regulates the responsibilities derived from the building depending on the severity of the damage. The three usual deadlines, always counting from the reception of the work, are:

• Decennial warranty (10 years): for material damage caused by defects or flaws that affect structural elements of the building and compromise its mechanical resistance or stability.
• Three-year warranty (3 years): for material damage caused by defects or flaws that affect the habitability of the building, including thermal and acoustic insulation, watertightness and health.
• Annual warranty (1 year): for damages resulting from defects or execution defects that affect finishing and finishing elements.

These deadlines are for general reference and their specific application depends on the circumstances of the case.

Scope of each guarantee

Decennial

It covers serious structural pathologies: problems in foundations, load-bearing walls, slabs, pillars and beams, whenever they compromise the stability or resistance of the building. These are the most serious cases and have the longest coverage period.

Triennial

Covers defects that affect habitability. In practice, it includes a very relevant part of everyday pathologies: dampness due to filtration, deficiencies in thermal and acoustic insulation, watertightness problems, pathologies with an impact on health. It is the section with the highest volume of claims.

Annual

Covers finishing and finish defects detected in the first year: painting, tiling, carpentry, finishes, sanitary fixtures. Although of smaller individual amounts, they can accumulate important items.

Start time of the deadlines

The deadlines begin to count from the reception of the work, with the particularities that the law and jurisprudence have been clarifying. In addition to the warranty period, there is a specific period for exercising liability action, which is shorter, counting from the appearance of the damage. The combination of both terms requires legal analysis.

Role of expert report

The expert report describes the pathology, analyzes it, determines its technical origin and places the damage in the corresponding warranty section from a technical point of view. It provides the necessary documentary basis for the lawyer to raise the claim.

Always consult with a lawyer

The exact determination of the applicable regime, the deadlines and the exercise of actions exceeds the expert scope. It is essential to have specialized legal advice, especially in matters that may involve the developer, construction company, project management and insurers.

Related links

For more technical information, see the articles on damp problems, cracks and structural movement and insulation. For the Legal Issues section or to commission the report, please contact Contact or the specialty of Defective workmanship.