Structural Defect Case in Manilva – How CostaLuz Lawyers Protected a Buyer’s Investment

Published: 2 November 2025

When a British couple bought a new-build apartment in Manilva, Costa del Sol, they expected modern comfort and peace of mind. Two years later, they noticed cracks in several walls, sloping floors, and doors that no longer closed properly. A local architect confirmed what they feared: a structural defect caused by foundation movement.

The developer blamed humidity and offered to repaint — a cosmetic gesture that ignored the real danger. That’s when the owners contacted CostaLuz Lawyers.

---

The Legal Challenge

Our legal team investigated and quickly confirmed that the damage fell under the 10-year structural warranty established by Spain’s Building Act (Ley de Ordenación de la Edificación).
We filed a claim against all agents involved — developer, builder, architect, and technical architect — and brought in an independent technical expert report (informe pericial) to prove that the issue compromised the building’s stability.

The negotiation began with the developer’s insurer, which eventually accepted liability under the mandatory 10-year structural insurance (seguro decenal).

---

The Outcome

The insurer financed full structural reinforcement and paid the owners €42,000 in compensation for relocation and rental losses.
No court trial was needed — evidence and expert precision won the case.

---

Lessons From the Manilva Case

1. Not all cracks are cosmetic. Structural movement can appear years after completion.
2. Every property buyer in Spain is protected by three legal warranty periods:
   • 1 year for finishes and cosmetic issues.
   • 3 years for habitability defects.
   • 10 years for structural faults.
3. Independent expert evidence is key. A survey report turns uncertainty into proof.
4. Always ask for the developer’s “seguro decenal” — without it, your legal recovery becomes much harder.

---

Construction Defects – What Each Warranty Covers

1-Year Warranty – Finishes and Minor Defects

• Paint cracks, scratches, or chips.
• Misaligned doors and windows.
• Loose tiles or floor imperfections.
• Bad sealing or finishing.

Covers aesthetic or minor defects visible upon or shortly after delivery.

---

3-Year Warranty – Habitability Defects

• Water leaks or dampness in basements, façades, or roofs.
• Deficient insulation (thermal or acoustic).
• Problems with ventilation, salubrity, or waterproofing.
• Infiltrations or condensation affecting comfort and health.

Covers defects that make the property uncomfortable, unhealthy, or unsafe.

---

10-Year Warranty – Structural Defects

• Cracks or deformations in beams, slabs, or foundations.
• Weak bearing walls or structural instability.
• Any defect endangering the building’s resistance or safety.

Covers serious structural failures threatening the integrity of the building.

---

Frequently Asked Questions

1. How long do I have to make a claim for construction defects in Spain?

You must detect the defect within its warranty period (1, 3, or 10 years). Once identified, you have two additional years to file or interrupt the claim.

2. Who can I claim against?

You can claim against any of the agents of construction — developer, builder, architect, or technical architect — as all are jointly liable under the law.

3. What if the developer denies responsibility?

A formal burofax sent by your lawyer interrupts deadlines and opens the way for legal or insurance action.
Evidence from an independent survey report is often enough to force negotiation.

4. Should I get a technical survey before signing my deed?

Absolutely. An independent technical survey (informe técnico previo a la escritura) ensures that the property matches the approved plans and is free of defects before completion.
It can save you years of dispute and thousands in repairs.

5. Why is the “seguro decenal” so important?

The 10-year structural insurance (seguro decenal) covers hidden structural defects and is required by law for residential buildings.
Ask for a copy of the policy upon completion — it will make any future claim faster and smoother.
If the developer doesn’t provide it, your lawyer should not allow completion to proceed.

6. How can CostaLuz Lawyers help me?

We handle everything — from expert coordination and formal notifications to insurer negotiations and court representation.
Our goal is to resolve your claim quickly and effectively, with minimum stress.

---

Areas We Serve

We represent property owners and investors across Andalusia’s southern coast, including:

Costa de la Luz: Tarifa, Zahara de los Atunes, Barbate, Vejer, Conil, Chiclana, Cádiz, El Puerto de Santa María, San Fernando, Sanlúcar de Barrameda, Rota, Chipiona, and Jerez de la Frontera.
Campo de Gibraltar: Algeciras, La Línea, San Roque, Castellar, Jimena.
Costa del Sol (West): Sotogrande, Manilva, Casares, Estepona, San Pedro, Marbella, Benahavís, Mijas Costa, Fuengirola.

---

Need Advice on a Construction Defect?

At CostaLuz Lawyers, we’ve spent over 20 years protecting buyers and investors in Spain.
If you’ve discovered cracks, dampness, or instability in your home, contact us — we’ll help you act before the legal clock runs out.

Reach out today for a technical-legal review of your property.

Author
Reviewed by María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has been active on expat communities like EyeonSpain since 2006, providing practical, educational resources to the expat community. Included in the recommended lawyers lists of the UK and Ireland embassies. Updated: 2 Nov 2025.