What are hidden defects in buildings?

Tomorrow our blog will be six years old! In this article José Gaspar, architect of TriarqStudio, describes different "hidden defects" and, more important, gives a solution to fix it.

1. What do we understand by "hidden defects"? What do they affect?

The concept of "hidden defects" refers to: 'those deficiencies of a building that we cannot perceive in an organoleptic analysis, if you prefer, with the naked eye". Hidden defects affect: foundations, structure, waterproofing, thermal insulation or building basics. 

Although it is true that hidden defects are not visible, it is important to remember the need to check the condition of the property when it is rented or sold.  Are you the one who sells or rents? Then, you should carefully prepare the visit of anyone interested in the real estate product.

2. In what type of buildings do they usually appear? 

It is more common to find out them in the buildings of new work because as the hidden deffects don't stem from the use or maintenance and, but of its construction process, the hidden defects usually are not discovered after many years. This late manifestation is not contradictory to the fact that such drawbacks can be traced back to the project early stages (even to its conception or to the choice of the building site).

3. Different types of hidden defects and their different solutions

• Those caused by the ground or the foundation of the building: in the first case, it is necessary to clarify that there are more unstable grounds, for example, those with: clayey soil with stony strata, near rivers, etc.). In the second case, what is inappropriate is the foundation system transmits the loads of the building to the ground. 

I remember that when the land was chosen for the construction of the Autonomous University of Barcelona, this was not taken into account. As a consequence, huge cracks were created, which later caused serious problems. The solution is an in-depth study of the terrain which, once carried out, should lead to choosing the best foundation or discarding the originally chosen site.

• Those caused by calculation mistakes in the building structure: they lead to unacceptable deformations that can even cause the structure collapse. This subject will be dealt with in detail in the next article.The right way is to opt for quality building materials. This consideration should prevail over others such as: low price or work quickness.  
• The one motivated by the null, erroneous or deficient placement of the different elements to avoid that the water penetrates in the constructions. Here the causes can be very different:
• Poor waterproofing against rainfall: if it is rainwater, the roof must be in accordance with the type of building or the specific situation of the construction element.

It is possible that the problem does not appear until there is a great downpour of water or that after multiple rains the water penetrates. In addition to the constructive elements, in particular, the adequacy and resistance of the same, also, you must study in which climatic zone we are and the annual rainfall that corresponds to it (in the image 2 the different climatic zones are shown).

• Poor waterproofing against water into ground: there is water in the ground at a shallow depth. Again, knowledge is the keystone.
• Poor capillary waterproofing: the building absorbs moisture from the ground. In this case, a strong waterproofing of the lower parts of the building should have been foreseen, always from its external faces.
• Poor waterproofing against dampness from external enclosures: water can penetrate through them to the facades. We are thinking of openings and windows that are poorly designed or installed... It is necessary to be rigorous to avoid cumbersome repairs.
• The one motivated by the insulation deficiency that the Spanish Technical Building Code requires to be solved. If this is not done, you will not have access to the building permit required to build. The insulation must be complete and without discontinuities in all parts of the enclosures, both fixed (walls) and opened ones (windows).

A practical example of what it means not to be well insulated: some clients had drafts through the portholes of the lighting and through the holes of the roller shutter belts. Without the air gap in the facades, the outside air circulated freely through all these spaces to the interior of the house.

4. Second-hand buildings

When deficiencies are not apparent at the time of purchase, they appear in a product sold to us by its previous user. Thus, a bad use or a poor maintenance will determine in the future a clear deficiency in the product. 

The "Ley 38/1999 de Ordenación de la Edificación" establishes that a real estate product destined to housing must be in good conditions to be sold and bought (and later it was also approved the obligation of energy certificate for sale and rent).

5. Is there any time limit for the claim of hidden defects?

Let us remember that the hidden defect must be: serious, prior to the sale and uncovered.

Having clarified this, the Civil Code and the Building Technical Code establish different deadlines depending on the type of hidden defect, as it is explained at www.conceptosjurídicos.com lists below: 

"Aesthetic: this refers to damage to finishing elements of the building. For example, small cracks or discolored areas. In this case there is one year to claim.
Habitability: we are talking about dampness, leaks, deficient electrical installation or poor acoustic or thermal insulation. In these cases there are three years to make a claim.
Structural: these may include detachment of materials or collapse of partition walls and affect the stability of the building. Ten years are available to claim."

Although the deadlines in general are the above the legislator wants to reward the "diligence" when denouncing. Thus, it considers the six months for the claim of those hidden defects that had been detected from the beginning (something that not being visible to the naked eye is obviously very complicated to detect).

6. Conclusion: 2 Preventive actions in case of possible hidden defects before the sale is signed

• It would be advisable that the buyer, in case of finding hidden defects, to order a technical expertise. On the basis of the expert's opinion, he/she could make a claim against the seller, who in good faith, would assume it.
• Also the future buyer could execute a deposit so that with it the seller would order an expert's report prior to the sale.

In Finques Feliu we have wanted to put two actions that bet on good faith and collaboration between the parties before coercion way. Having said this, it must be very clear that: the transmission or delivery of buildings with hidden defects can be reported to the judicial authority, if after investigation, the justice system finds something irregular, it can condemn the seller.

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