The Building Code -Ley de Ordenaci�n de la Edificaci�n in Spanish- stipulates the obligations and responsibilities of all the people who in one way or another are involved in erecting a building, such as the builder, the promoter, designer, construction foreman and others.

When the law went into force on May 6, 2000 it provided legal guarantees in a sector of the economy that was starting to take off and which led to a real estate bubble that still grows every year.

Responsibilities of the builder�
In order to avoid scandals among failing real estate promoters, the law forces the promoter to take out an insurance policy that guarantees reimbursement of down payments paid by would-be homeowners.

The builder has the main responsibility for construction defects. The builder is directly and personally responsible for any material damage in the building that can result from lack of capacity or negligence or flaws in the finish of the building, flaws in the materials he acquires for other companies or subcontractors to actually erect the edifice.

Complaints can also be filed against planners for damage caused by defects, inaccuracy
or errors in calculation, studies, orders or reports that they undertake with other professionals.

Statues of limitations
The law sets out statutes of limitations for damage that can arise in a new building.

In general, in the first year the builder must answer for material damage stemming from flawed construction. For a three-year period this liability applies to all agents involved in the construction when it comes to material damage related to defects that affect whether the building is habitable. In the first 10 years of the life of the building, the builder must answer for the building's structural integrity.

To address the cost of repairs in the first year, the building code says the builder must take out an insurance policy for material damage. The promoter must cover 5% of the cost of work done to correct construction flaws. In any case, there is a statute of limitations of 24 months for filing complaints.

Homeowners' obligations
Homeowners and users obligations are to keep the building in good condition by using it properly and maintaining it and to receive, conserve and pass on documentation involving the building and the insurance and guarantees the structure has.

Homeowners should know that there are certain problems for which builders and prompters cannot be held accountable. These include damage caused by improper use or lack of proper maintenance; damage caused by remodeling work done after taking delivery of the property; damage caused by an explosion or fire that have nothing to do with the building itself and damage caused by mishaps, unforeseen circumstances or damage caused by the person affected by the damage, among others.

�