assaigs de productes i la seva normativa

Consumer Protection in the domestic construction sector

Pregunta: Could you provide us with an outline of the Laws for Consumer Protection in the domestic construction sector of your country?

Respuesta:

From may 2000 on, it is compulsory to follow the LOE law (Ley de Ordenación en la Edificación), which establishes that the purchaser of a new building (residential or not) or a refurbished one after a deep constructive intervention is protected against construction defects in the following way.

• During the first year, the contractor has the responsibility for any defects in finishing elements.
• During the first three years, the agents determined as responsible (architect, builder, execution director) have to answer for any defects in construction or installations that may affect the use requirements of the building.
  Construction requirements are defined separately in a series of regulations affecting particular isues like thermal insulation, acoustic insulation, masonry structures, steel structures, waterproofing with bitumen materials and fire protection. They are about to be unified in a single document called Código Técnico de la Edificación
• During the first ten years, the agents determined as responsible (architect, builder, execution director) have to answer for any defects in foundations and structure that may affect the safety requirements of the building.

To guarantee that these responsibilities are covered, even in the case that some of the responsible 'disappear' (v.g. a building company that is dissolved after the building is finished) a series of insurances are compulsory.

Theoretically, the Spanish Government (and, in some cases, the Regional Governments) is responsible for the application of LOE, as much as with any other law of any kind. But in practice, the insurance companies who offer insurance against construction defects require the participation of a Control Body to verify the quality of the project and its execution -and this may be more decisive in order to achieve a fuller law application.

Fecha de la consulta: 16/12/2003

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