Horizontal Property

The Supreme Court (TS) has confirmed a ruling against a developer in liquidation for construction defects in a residential complex in Roquetas de Mar. The lawsuit was filed by a community of property owners, represented by its president, after detecting problems such as dampness, leaks, and other technical deficiencies described in an expert report (for example, issues in expansion joints and drainage).

The community requested that the developer repair the defects and also bear the cost of the works and expenses associated (licenses, technical project, and technical direction), in addition to the costs. The matter had already been won in the first instance, and the Provincial Court confirmed that decision. The developer appealed to the TS, but the Court has dismissed its appeals and upholds the ruling .

One of the key points is that the TS recognizes that the community of property owners has “ active legitimacy ” to claim not only for damages to common elements but also for damages that affect private elements (homes), acting jointly.

The developer also argued that it was a “trick” (fraud of law) to use a contractual action to avoid stricter deadlines from other actions, but the TS rejects that idea since, remember that, the promoter-seller has the obligation to deliver the housing in adequate conditions for its use, and that claiming through that means is not fraud. Furthermore, it dismisses that only those who bought directly from the promoter, subsequent purchasers maintain those rights, and the community can exercise them collectively. to the developer, subsequent purchasers maintain those rights, and the community can exercise them collectively.