Ten newly constructed 10 years of insurance in Spain
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new property insurance business of Spain “Ten Sure ‘/ strong> p> has been since May 2000 in Spain calls for the” promoter “or property (usually the promoter) to take a ‘Ten Insurance “to cover the building, should be subject to any significant weaknesses that may affect the structural stability and durability. P> First, he noted, it is important that all owners who opt for compulsory basic coverage. While the optional cover is available to cover topics such as the tightness of roofs and walls, many builders additional coverage and corrected even though the factors which may affect the habitability of the necessity of the construction, builders until three years from the time they are completed (see below), after three years, seven years is only the remaining 10 years of the policy, which can be called. Many owners find, therefore, that the problems are with your Spanish property for three years, is only for the defects, the stability that can really influence out with the insurer. The correct diagnosis of problems and identification of structural importance is therefore important. P> calendar Post Purchase: – strong> p> first 15 days: strong> The owner must have obvious defects to the builder, which is then 28 days to rectify. give significant gaps, perhaps even the owner the opportunity to withdraw from the purchase, but may be in practice for a long and costly. (These defects are best corrected before completion and will be identified before funds are definite that the current market situation has witnessed many folds builders to pay) p> First year: strong> In the first year is the builder responsible for damage reported to correct them. The important thing here is that the defects repaired properly Builder not only take up Bodger for a short time. The first year is the best opportunity to tidy things right. Strong> The right is therefore essential repair work, including the use of appropriate materials, otherwise the problem is likely to recur at a later date (can be very difficult to use). While a conscientious builder can choose the right problems right, others are looking for the cheapest option. Unfortunately, some of the most serious deficiencies are slow to appear. P Year> Second and third: strong> In the next two years the builder still responsible for repairing major defects that the property would make it habitable. But of course, such questions may be difficult to discuss. Despite the flood of a leaky pipe or roof may be the clear responsibility of the customer, maybe less important issues, not all the answers and be warned! Some building owners may be impossible to define, to avoid responsibility by claiming bankruptcy, changed its company name or simply disappear. P> Sorry, but there are some builders, insurance age 10 in Spain as a way out of responsibility and in extreme cases, in fact the builders skimp on important details, such as foundations of execution, because – “is so safe that cut corners” The intention is therefore important that, while protecting the owner of a good insurance that can not automatically mean that one is better than a new property being built 30 years ago. Strong> While most of the terms of the policy will require a greater level of control (for example, most policies require a substrate site is the test – carried out the “Geotechnical study” and that works through a technical “Control Agency” supervised – OCT), a general lack of control and the tendency of some technical architects’ an eye on the bad practices of the developers, for a large amount of work (and money ), which results in lower quality defects or turn sliding elements. p> First Ten Years: strong> The constructor (usually “developer”, but see below! ) It should be a Ten Insurance insurance. This is the policy of ten years the cost of repair, in case of a structural flaw in the building. Remember that you can, the other defects, so if you can not find the builder or simply does not make repairs, the policy of 10 years of age, can not avoid, except in cases of failure. p> What happens if there is no policy strong> p> : I am an increasing number of cases where we have not seen in the policies city. This done through a “loophole” whereby a “self-promoter” (owner / developer) has built the house own occupation with the intention of living in it for the duration of the first 10 years. Due to the lack of understanding at the time purchased, the manufacturer must show all the documents, the purchaser as a “promoter”, ie the obligation of the insurance (when to sell within 10 years) rests on the shoulders of innocent desire. Only later, when the defects that occur, try to register or mortgaging or selling the property that the absence of policy come to light. Furthermore, as the insurer gives a degree of control during the construction period can be difficult to obtain insurance after its completion. <; / p> Can the insurance company to cough when necessary strong> p> If there is a strong enough case that meets the conditions of the policy, yes, they are forced to to pay, but of course the insurance consultant work is exempt from all liability. Often, for the first time we can say that a problem with them doing nothing, but the builder is. This may be correct if the problem is simply not covered by insurance, but if it is covered (and everything related to structural stability can be affected), it is your responsibility to pay for such items if the constructor is round, or submerged in bankruptcy. P> Of course, if an omission has serious effects manufacturer for negligence , the owner can not be sure, the same builder correct the problem and if you’re really satisfied with the original builder to correct “a go” serious structural defects is important, this lack of confidence in the insurer, which in turn contribute the fact that this is your stress instead will emphasize the responsibility of the builder. P>, courts should be involved? Strong> p> Unfortunately, the process of getting all stakeholders to confess to be held responsible and, unsuccessfully, at times, so that a court’s duty of care to the strength of one or multiple parties. The good news is that there are some specialized attorneys with experience in these cases, and good advice is not to continue if you have an interesting case. Of course, all actions have a certain risk and ultimately the decision to proceed down to the owner, for this reason it is often claimed that the action important legal value. In some cases, small problems, it pays to simply always a decent builder to put things right. A report from the Building Department should clearly define what are the shortcomings and how they can cost calculations are correct. This sometimes be supplemented by a second opinion of the architect, although it should be noted that not all architects in Spain have called for the shortcomings of having a surveyor and, therefore, not only for the initial diagnosis. P> When entering a claim, it is often clear that the Builder, Architect, City Hall and insurers are interested in “Pass the Buck” when it comes to determining who really acted negligently and in some cases it really can reach all those involved. Do not take no for an answer from the insurers. In theory, if there is a clear lack of insurance are covered, they must pay, without the need for legal action, but you can actually get to open their pockets is a difficult process. P> Do not trust anyone! Strong> p> Or at least trust that no one was involved in the original construction process, and purchasing. While one or more of the parties clearly can come to your page, which is trying to work together for all concerned, in view of what can be a serious structural problem. Typically, the architect or Technician in the control of the project will come with a decent report or lack of short-term solutions in question. I am often called to discuss a project architect or builder proposed “solution” and many of them are simply not good enough (some have already shown that they have failed). Provided evidence that the insurer or dishes made to demonstrate the inadequacy of such “resources”, are fortunately very willing to listen to independent advice, other than the parties involved in the project, so if you are not positive developments independent advice on the structural and legal issues. P> Protect yourself: – strong> p> If you are buying a newly built get your lawyer to check if the insurance Ten is present (and their shares), which is not his work as a “promoter” and that coverage is adequate for its purposes, (possibly the extra for a “belt and braces payment” extension of politics). P> The sooner you report defects in the constructor (in writing), the best, well worth going out with a study to review and consider further before it expires three years and 10 years (especially if there are any obvious cracks in the structure of the building). P> The most critical error usually means insufficient basis, and should take every opportunity to ensure that your new business includes a base design and adequate control, even if it means paying the builder more money for the necessary earthworks sub. take P> The current weakness of the market means that many building owners are in financial difficulties. It is therefore well suited to resolve all the shortcomings to overcome the payment of final monies. P> NB: – Information for advice purposes. appropriate legal procedures and safety to be followed for all purchases of real estate and construction. P> Copyright 2009
home buyers, defect reporting and consultation with experts. Marcos has also consulted for Channel 4 of “The sale of a home abroad” (appears in three episodes) and writes columns for the property on two local newspapers. P>