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By Johanna Gardener •
Published: 07 Nov 2024 • 12:50
• 5 minutes read
It is crucial to survey all areas of your future home before purchase to avoid ‘hidden defects’
Credit: Shutterstock: Agenturfotografin
House-buying is often fraught with hidden defects, unexpected catches, and stress, so it s important to be aware of them prior to purchase.
Buying a house can be a timely and complex process. For some it s one of the biggest of life s many headaches and can come with all sorts of hidden catches, extra paperwork and general stress. However, once the purchase is complete and you’re merrily on your way with the house keys and a signed contract under your belt, its time to sit back, put the kettle on and start enjoying your new pad.
That’s if everything goes to plan.
Full property and paperwork inspections crucial to avoid hidden defects
What some housebuyers across the country might tell you from experience is that scouring the house, its paperwork and all of its nooks and crannies is imperative before signing any final contracts. Spotting the hidden defects is a painstaking process but will certainly pay off in the long run and save you weeks or months of hassle and teeth-gritting later on.
First things first: what is a property hidden defect ?
In Article 1484 of the Civil Code, a hidden defect is defined as such:
The seller shall be obliged to remedy hidden defects in the thing sold, if they render it unfit for the intended use, or if they diminish its use to such an extent that, had the buyer been aware of them, they would not have acquired it or would have paid a lower price for it.
The Code also interestingly stipulates that if these defects are visible or invisible to the human eye, yet the buyer is an expert in the field, responsibility shifts shoulders – the buyer is now liable!
Hidden defects: imperfections that disturb quality of life in new home
The worst thing for any new home-buyer is moving into a new home with the highest expectations, only to find a latent defect. This classifies as a flaw that impedes rather significantly your quality of life on the new premises. So, we’re not talking about a missing door knob or a crayon mark on the wall! These are property imperfections that, had you been on the ball and seen them earlier, would have deterred you from buying the property in the first place.
What counts as a hidden defect in a property?
Identifying whether a shortcoming in your home is seriously impeding your quality of life or not is seriously subjective. What for some might seem minor, for others might be ‘BIG DEAL.’ In general though, they range from structural problems to plumbing to electrical systems. Here’s a shortlist of what counts as one of these notorious hidden defects:
1. Dampness
Everybody’s worst nightmare. From the musty smell and ugly aesthetics to the cold, wet sensation, there is nothing worse than having patches of blackish mould spreading behind a wardrobe or seeing a suspicious bulging on the ceiling. And it might not be visible. Often in older properties, these issues are symptoms of poor waterproofing/damproofing or deteriorated pipes. Make sure that your home is fully surveyed before purchase – including dampproof checks!
2. Swimming Pools
One of the most frequent problems due to house buyers preference for a house with a pool in Spain. An exciting prospect it sure is but it can come with its own set of problems if not assessed thoroughly before it becomes yours. Broken pool lights, which can be expensive are common flaws. That’s not to mention uneven pool levels, cracked tiles and degradation of the concrete or tiling, and filtration problems. It is 100% recommended that aside from a building inspector, you arrange with a specialist swimming pool inspector to give your new bathing haven the once-over before signing any papers.
3. The foundations of the house
Unless it’s a new-build, a house with a flawless complexion is hard to find. However, faulty foundations can lead to subsidence over time and quite serious cost implications. Not only that, but cracks and fissures which may seem harmless can spread into bigger demons so make sure that every square metre of the property is meticulously reviewed prior to purchase.
4. Finishes
This may seem petty, but flawed finishes in decorations or flooring can indicate a whole bunch of bigger problems. Bulges, discolouration or elevated tiles or flooring can signify that more formidable players are in the game: leaks, seepage and dampness being among the top suspects.
5. Insulation
It can be hard to fully assess both temperature and noise insulation as let s be honest, nobody carries out house viewings over four seasons, day and night to get the perfect analysis. However, visiting a property at different times of day can help to give you an idea of noise levels and testing out heating systems and appliances, as well as air conditioning units is a must. Don’t just rely on the fact that they re working. Wait a while. Is heat being lost quickly or does the room take a while to cool down? Avoid being led on by the typical “it’s not normally this noisy.” After a few visits, you will be able to make your own judgement on this!
6. Electrical faults
You turn the lights on, everything appears to be running smoothly. But three weeks later BOOM! The electricity s gone out. This might be a minor voltage issue or it could be the first stage of a major and more importantly, costly electrical re-wiring of your home. It is important that switches, lights and other outlets are checked. Old properties often come with outdated wiring that needs replacing, so beware before you commit to that charming fixer-upper check it doesn t have a dark horse hidden behind the mains.
Spanish Law does not have a list of hidden defects but you can claim
Spanish Law does not provide this same list of regulations for second-hand homes so use these as a guide. However, pay attention: mitigating defects such as these is much more difficult after buying a property than beforehand. Legals and financial complications and the chances of compensation can be scuppered by inadequate inspections before the property is bought.
If you find yourself in the situation, here are a few handy tips to start the ball rolling:
Take a photo or video of the defect and make written notes of the issue including dates
Review the sales contract with a professional to assess warranties and liabilities and check for any deadlines on reporting imperfections
Contact the seller or builder (new-builds) in writing (email or letter)
If no solution is proposed and a dispute is imminent, consider seeking legal advice from a property specialist or lawyer.
All deadlines for claims on second-hand properties usually allow you a margin of six months from signing for the contract to raising the complaint. New builds have a longer deadline. According to Article 17 of the Building Regulation Law, the margins are: For structural or foundation defects: ten years; habitability defects: three years; finishing or completion defects: one year.
Prevention better than cure: thorough property inspections for no hidden defects
The claims process can often be long, tedious, and frustrating. So, what’s better than a cure? Prevention. Ensure inspections are thorough and meticulous to avoid those hidden surprises—defects that lurk beneath the surface. Identifying potential issues before they become problems is key to protecting yourself from costly repairs down the line.
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Written by
Johanna Gardener
Originally from Manchester, UK and with a degree in English with Modern Foreign Languages, she has been a permanent resident in Spain for the past 12 years. Many of these years, she has spent working as a secondary school teacher, as well as in journalism, editing and marketing. She currently lives in the historic centre of Malaga, where she enjoys writing, walking and animals.
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