Yes, you can claim for defects in a property you bought even if you were not its first owner. Discovering persistent damp, waterproofing failures or defective installations after buying is a distressing situation — more so when you are told the developer sold up years ago or that “there is no legal remedy left”. In most cases, that is not true: Spain’s Building Regulations Act (LOE) and the Civil Code set out a system of protection that extends to the second and all subsequent buyers. The key is the right route and the time limits.
Quick answer
- Can I claim without being the first buyer? Yes. The warranties attach to the property itself, not to the person who originally bought it.
- Against whom? Depending on the case: developer, contractor, architect and site manager (LOE route), or the seller who transferred the property to you (civil route).
- How long do I have? It depends on the route: from 6 months (hidden defects, general regime) to 5 years (breach of contract), with 3 years under the LOE and the Catalan regime.
- Does it cover commercial units or warehouses? Yes. The LOE covers any permanent structure: homes, commercial premises, warehouses, hotels, schools.
- And in Catalonia? A broader, more protective regime applies (art. 621-44 CCCat), with a 3-year limit from delivery.
Before reading on. This article describes the general routes to claim, but each case depends on the age of the property, when the defects became apparent and where the sale was concluded. The time limits are short and some cannot be extended. Do not let time pass without individualised legal advice.
The warranties attach to the property, not to the person
Spain’s Building Regulations Act (Ley de Ordenación de la Edificación — LOE) does not protect only the first buyer. Its art. 17.1 expressly protects “owners and subsequent acquirers”: any owner within the warranty periods, regardless of how many times the property has changed hands. The warranties attach to the property itself, not to the person who originally bought it — they are propter rem obligations, meaning obligations tied to the thing. The second or third buyer steps into the shoes of the first and inherits all claims against the developer, main contractor, architect and site manager.
And not only for homes: also commercial premises, logistics and industrial warehouses, hotels and schools. In short, any permanent structure subject to the LOE (art. 2) falls within its scope.
Route 1 — The LOE: if the property is less than three years old
Three-year warranty for habitability defects (the most common)
The most common defects — those affecting waterproofing, airtightness, building services, sanitation or acoustic and thermal insulation — are covered for three years from the date of completion of the works, not from your purchase. If the building is one year old when you buy it, you still have two years of warranty remaining. The developer is liable “in all cases” (art. 17.3 LOE), even if all units have been sold and the developer has no further connection to the building.
You have two years to act once the defects appear
Once a defect is identified within the warranty period, art. 18.1 LOE sets a two-year limitation period running from the date the damage becomes apparent. This period may be interrupted by a formal extrajudicial demand.
The civil route: if the LOE warranty has already expired
Once the three-year period has elapsed, claims against the building professionals are time-barred. But if the defects existed at the time you purchased the property — even if they were not visible then — you retain claims against the person who sold the property to you. There are four possible routes.
Route 2 — Hidden defects (arts. 1484–1490 Civil Code)
The seller is liable for hidden defects that make the property unfit for its intended use or substantially reduce its value. You may seek rescission of the contract with return of the price (actio redhibitoria) or a proportionate price reduction (quanti minoris). Limitation: six months from the date you discover the defects (art. 1490 Civil Code). This is the shortest period in the system and admits no delay.
Route 3 — Lack of conformity in Catalonia (art. 621-44 CCCat)
For sale contracts concluded in Catalonia on or after 1 January 2018, Book VI of the Catalan Civil Code (Llei 3/2017) replaces the hidden-defects regime of art. 1490 Civil Code with a conformity of the goods regime. Limitation: three years from delivery of the property (art. 621-44 CCCat), far more protective than the six-month general regime.
The seller is liable whenever the property does not conform to what was agreed or to the buyer’s legitimate expectations; the seller can only avoid liability if the buyer knew or could not reasonably have been unaware of the lack of conformity at the time of contracting (art. 621-26 CCCat), and this defence does not apply where fraud is established. The available remedies are broader than under the general Civil Code: repair, replacement, rescission, price reduction and damages (art. 621-37 CCCat). The Provincial Courts of Girona (judgment 327/2024) and Barcelona (judgment 14889/2023) confirm the preference of the CCCat over the general Civil Code in property sales concluded in Catalonia.
Route 4 — Breach of contract (arts. 1101 and 1124 Civil Code)
If the seller knew of the defect and failed to disclose it, or if the condition of the property did not correspond to what had been described or contractually warranted, you have a claim for breach of contract and are also entitled to damages. Limitation: five years from completion of the contract (art. 1964 Civil Code, as amended in 2015). For contracts predating 7 October 2015, the transitional regime should be analysed, as the calculation may differ.
Route 5 — Fraud (arts. 1269 and 1301 Civil Code)
If the seller deliberately concealed the defects in order to induce the sale, you may seek annulment of the contract. Limitation: four years from completion. Proving fraud is a higher evidential bar, but in certain circumstances it is the most robust avenue available.
At a glance: the five routes to claim
| Route | When it applies | Time limit | Against whom |
|---|---|---|---|
| LOE (habitability) | Property under 3 years old since completion of works | 2 years from when damage appears (within the three-year warranty) | Developer, contractor, architect, site manager |
| Hidden defects (Civil Code) | Pre-existing hidden defect, outside Catalonia | 6 months from discovery | The seller |
| Lack of conformity (CCCat) | Sale concluded in Catalonia on/after 1 Jan 2018 | 3 years from delivery | The seller |
| Breach of contract (Civil Code) | Seller knew of the defect or misrepresented the condition | 5 years from completion | The seller |
| Fraud (Civil Code) | Deliberate concealment to induce the sale | 4 years from completion | The seller |
Frequently asked questions
Can I claim for damp in a second-hand property?
Yes. If the property is less than three years old since completion of the works, you can claim via the LOE route against the developer and other professionals. If it is older, you can claim against the person who sold it to you for hidden defects, lack of conformity (in Catalonia), breach of contract or fraud, depending on the case.
How long do I have to claim for hidden defects?
It depends on the route. For hidden defects under the Civil Code, only six months from discovery. In Catalonia, three years from delivery. For breach of contract, five years; for fraud, four. Via the LOE route, two years from when the damage becomes apparent, within the three-year warranty.
Who is liable for defects in the property?
Via the LOE route, the developer (in all cases), the contractor, the architect and the site manager are liable. Via the civil route, the person who sold you the property is liable. In some cases simultaneous or subsidiary claims are possible depending on how the case is structured.
Is claiming different in Catalonia?
Yes. For sales concluded in Catalonia on or after 1 January 2018, the lack-of-conformity regime of Book VI of the CCCat applies, which is more protective: three years from delivery (versus the six months of the general Civil Code) and broader remedies (repair, replacement, rescission, price reduction and damages).
Does this apply to commercial premises or industrial warehouses?
Yes. The LOE covers any permanent structure subject to its art. 2: homes, commercial premises, logistics or industrial warehouses, hotels and schools. The civil routes against the seller also apply regardless of the type of property.
What should I do as soon as I discover the defect?
Document the defect in writing and with photographs, consider commissioning a survey to establish its origin and age, and submit a formal extrajudicial claim before the applicable limitation period expires. Given the six-month period for hidden defects, acting quickly is decisive.
Conclusion: act before the time limit expires
Before signing a purchase, it is advisable to check the works completion date, the certificates and the warranties. Once the purchase is completed, if defects appear you should document them in writing and photographically, along with their source, consider a professional survey, and submit a formal extrajudicial claim before the legal time limit expires. Since some routes have very short limits — six months for hidden defects — time works against you from day one.
Have you discovered defects in your property or premises?
At Sandin Abogados we analyse your case, identify the route with the best prospects and the applicable time limit, and prepare the claim against the developer or the seller. Time is running: the sooner you act, the more options you will have.
Published: 17 July 2026.
Disclaimer: this article is for information only and does not constitute legal advice. Time limits and routes depend on each specific case and some cannot be extended. Consult a professional before acting.
Sources: Building Regulations Act 38/1999 (LOE) · Civil Code (arts. 1484–1490, 1101, 1124, 1269, 1301 and 1964) · Law 3/2017, Book VI of the Catalan Civil Code · Girona Provincial Court judgment 327/2024 and Barcelona Provincial Court judgment 14889/2023.
