Photograph the defect, take urgent steps to prevent further damage and preserve evidence before repairs. The claim depends on the cause, dates and applicable regime. A hidden defect, breach of contract and construction defect do not necessarily use the same legal route or deadline.
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When the problem first appears
Record when you first noticed the damp, crack, leak or failure. Take wide and close-up photographs and retain the original files, videos and messages. If there is danger, prioritise safety and the measures needed to limit damage, recording why they were urgent and keeping invoices. Avoid painting over, dismantling or discarding affected items before the cause can be examined, unless safety requires action.
Notify the problem through a channel that provides evidence and ask for an inspection. Describe facts rather than an improvised diagnosis: the location, when it occurs, any link with rain or installations, the effects and steps taken. A technical report can help establish the cause, age, seriousness, remedy and cost. A contractor’s estimate can be useful but will not always answer all those questions.
The seller is not responsible for every defect
A leak may come from a communal roof, a private pipe, a neighbouring home, condensation, maintenance or earlier building work. Identifying the cause helps direct the request to the appropriate seller, owners’ association, neighbour, contractor, developer or insurer. The obligation to repair and possible compensation for resulting damage must be defined separately.
Also review what was disclosed and agreed at the time of purchase. Keep the listing, viewing records, messages about refurbishment, reports supplied and clauses accepting the property’s condition. Seeing a stain is not necessarily the same as knowing its cause and extent. Equally, not every defect discovered after purchase was hidden or existed before handover.
Three different legal routes
- Hidden-defect liability under the general Spanish Civil Code: the statutory requirements and available remedy must be established. Article 1490 sets six months from delivery for the actions it covers; this is not the deadline for every property claim.
- Breach of contract: this may be relevant where the property or performance does not match what was agreed. The legal basis, seriousness, remedy and time limit need justification. Renaming a claim does not automatically avoid an expired deadline.
- Construction defects within the LOE: examine the type of damage, acceptance date of the works, parties involved and date-based regime. The LOE distinguishes the periods in which liability can arise from the limitation period for bringing the action.
The applicable civil law matters. In Catalonia, Book Six’s conformity regime and the liability and expiry provisions in articles 621-23 and 621-44 require their own analysis. The general Civil Code’s rule should not simply be copied into every Catalan purchase. Nor should consumer rules on movable goods be presented as a universal home warranty.
Different dates serve different purposes
Within the LOE regime, the one-, three- and ten-year liability periods relate to the type of defect and acceptance of the works or rectification of reservations. They are not one identical warranty covering every kind of damage from the date you bought the home. Article 18 provides a two-year period for the material-damage action under article 17, starting as legally specified, without prejudice to other actions that may remain available.
Record the sale, delivery, acceptance of the works if known, first appearance of damage, diagnosis and earlier demands. If a deadline is approaching, obtain a review rather than waiting for another estimate. The nature of the period and effect of each step must be checked: sending a burofax does not automatically resolve every issue of limitation or expiry.
Documents for a useful review
- Contract, deed, amendments and delivery date, plus the listing and earlier communications.
- Photographs, videos, inspection reports and a timeline of the problem.
- A technical report on the cause, extent and remedy, if one exists.
- Estimates, invoices, payments and evidence of related additional losses.
- Owners’ association minutes and communications, and available insurance policies.
- Demands sent, replies and evidence of receipt.
Separate the cost of fixing the source from damage to finishes or furniture and other losses. For each item, identify the document, amount and connection with the defect. Do not present estimated sums as expenses already paid. If an insurer is involved, retain its report and any acceptance, exclusion or proposed settlement before signing it.
Worked example: damp after the first rainfall
After buying a flat, the new owner finds water beside a window. The seller says it is condensation; the owners’ association points to the façade. The owner keeps the viewing photographs, records the rainfall and requests an inspection. A technician distinguishes a sealing defect from a problem affecting a communal element and documents its likely age.
That evidence helps identify the recipient and the requested remedy. Repairing first and claiming later may be necessary in an emergency, but sufficient evidence should be preserved and examination made possible. The example does not itself establish who must pay in a real case or whether the whole purchase can be terminated.
Make a specific request, negotiate and claim
The defect-notification template (Spanish) helps organise facts and documents. It is not a substitute for an expert report or a determination of the applicable legal regime. Before civil proceedings, the appropriate attempt to negotiate, its exceptions and possible urgent measures must be considered. A general complaint to a property manager does not replace every required step.
Request an assessment of the property defects or ask about a contractual-breach claim. The initial assessment is free. Before you accept an engagement, the firm confirms the professional, availability, work, quote and external costs, including any expert’s fees. Assessment can cover the evidence, deadlines, viability and likely costs.
Frequently asked questions
Can the seller be liable without knowing about the defect?
Under the general Civil Code’s hidden-defect regime, a seller can be liable even without knowing. The exception requires a valid agreement excluding liability and the seller’s lack of knowledge. The defect’s statutory requirements, action and deadline still need examination. In Catalonia, the applicable conformity regime and contract must be checked.
Do I always have six months to claim?
No. That period concerns particular hidden-defect actions under the general Civil Code. Other regimes and actions can have different requirements and time limits. Identify the correct route before acting.
Can I repair the damage if nobody replies?
In an emergency, protect people and limit damage while preserving evidence. Otherwise, document the defect and allow an inspection before work destroys evidence or makes the cause harder to establish.
Official sources and scope
Official legislation linked below is in Spanish.
- Spanish Civil Code: articles 1484–1486 (hidden defects and remedies), article 1490 (time limit) and article 1124 (termination for breach).
- Civil Code of Catalonia: article 621-23 (liability for conformity) and article 621-44 (expiry of remedies), in the version applicable to the contract.
- Building Regulation Act (LOE): article 17 (liability for material damage), article 18 (limitation) and first transitional provision (temporal scope).
- Horizontal Property Act: article 10.1.a (maintenance of common elements).
- Organic Law 1/2025: article 5 (prior requirement and exceptions), article 7 (effects on deadlines) and article 10 (evidence of negotiation).
General legal information, adapted from the Spanish guide whose stated editorial and source review is dated 28 October 2026. The contract, dates, applicable law and case documents determine the next step.