DISPUTES AND PROCEEDINGS · EU RESIDENTS
Hidden defects and building problems in Spain
Evidence and time limits are critical when defects appear. We coordinate legal analysis with technical expertise where the condition of the property needs investigation.
THE STEPS INVOLVED
From initial review
to practical completion.
Preserving the evidence
Photographs, dated communications and expert reports help establish the defect and its discovery. Evidence should be preserved before repairs where possible, while urgent safety issues are addressed.
Discuss your situationIdentifying the legal basis
Hidden defects, construction liability and contractual non-performance may have different conditions and deadlines. We identify the appropriate parties and possible legal route.
Discuss your situationQuantifying and notifying
The technical findings, repair estimate and effects on use support a properly framed request. Notices and any required attempt at resolution are prepared under the applicable rules.
Discuss your situationSettlement or proceedings
Repair, compensation and other options are compared against the facts and their feasibility. We consider the steps needed to turn a favourable outcome into practical recovery.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Deed, contract and specifications
- Photographs and discovery dates
- Expert reports and repair estimates
- Seller or builder correspondence
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- Court jurisdiction depends on the claim, contract and other connecting factors, not simply your EU residence.
- EU mechanisms may assist with service, evidence or enforcement, but participation and scope must be checked for the countries and subject matter involved.
- Prepare the relevant contracts, payments and correspondence, with translations required for the Spanish proceedings.
- The origin and type of a foreign judgment determine its enforcement route. The creditor’s EU residence is not sufficient on its own.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Is every defect a hidden defect?
No. Its nature, circumstances and legal basis need to be established before the appropriate remedy is identified.
Can I repair before obtaining a report?
Urgent safety work may be necessary, but preserve evidence wherever possible. Extensive repairs can make the original cause harder to establish.
Do all claims have the same deadline?
No. Time limits depend on the legal basis and the parties concerned. Seek advice promptly so the correct deadline can be checked.
Can I use an EU enforcement procedure just because I live in the EU?
No. The issuing country, type and date of the decision and the scope of the relevant instrument must also be checked.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.