What guarantee does building work carry under the law?
Spain's Building Act (LOE, Law 38/1999, article 17) sets three liability periods, counted from handover of the works: 10 years for defects affecting the structure (foundations, columns, beams, floor slabs, load-bearing walls) that compromise its stability; 3 years for defects in building elements or services that prevent normal use of the home (habitability); and 1 year, borne by the builder, for workmanship defects in finishes.
These periods apply to works the law treats as building (article 2): new construction and interventions that alter the structure, the exterior or the volume of the building, or change its use. If damage appears, the claim must be brought within 2 years of the damage occurring (article 18).
The periods start with the handover certificate (acta de recepción): a document signed by the client and the builder, with the date and any outstanding snags (article 6). Always ask for this certificate at the end: without it, it is harder to prove when the periods started.
What about an interior flat renovation?
An interior renovation that does not touch the structure or the façade is normally not building work for LOE purposes. In that case the guarantee period and scope are set in writing in the contract, item by item.
If you hire us as a private individual, you also keep your consumer rights: Spain's consolidated Consumer Protection Act (Royal Legislative Decree 1/2007, article 10) makes any advance waiver of those rights void, so no contract can cut them back.
What does our liability insurance cover?
BCNYARD, SLU holds liability insurance with Hiscox, S.A., Sucursal en España (policy HD IP6 3594246, valid until 13/05/2027, €300,000 per claim). It covers masonry and interior renovation work that does not affect structural elements.
Structural work, new construction and rehabilitation are carried out by specialist subcontractors; BCN YARD coordinates the whole job. Our insurance does not cover that work, and we say so plainly so you know what is insured and by whom. We send you our policy certificate on request.
Who takes out the 10-year insurance on a new house?
For residential buildings, the LOE requires a 10-year guarantee against structural damage (seguro decenal), taken out by the developer, meaning whoever commissions the construction (article 19 and second additional provision). It is not compulsory for someone building a single detached home for their own use; but if they sell it within 10 years, they must take it out for the remaining time unless the buyer expressly waives it.
Before signing, we go through with you and the project architect who the developer is in your case and which insurance policies are needed.
What do the contract and payments look like?
The contract states clearly which works, supplies, furniture and permits are included in the price and what is quoted separately. Payment is made in stages under the contract, with the payment schedule agreed before work starts.
You have a single site manager as your point of contact, in Spanish or Russian, and we reply within an hour. Technical projects, calculations, certificates and installations that require it are commissioned from qualified professionals.