The builder of the building is required by law to guarantee the buyer in the event that the property, during the ten years following its completion, falls into ruin in whole or in part or presents a clear danger of ruin or serious defects.
This guarantee concerns, first of all, defects in the soil where the property is built, as well as in the subsoil, especially in cases where it is intended to proceed with the construction of garages. It also concerns serious defects in design, construction or execution resulting from the use of unsuitable or defective materials. The most frequent cases are those linked to the waterproofing of terraces and flat roofs, poorly positioned roofs, and problems with the internal and external facades of the building. Problems found in individual apartments are not excluded, such as lifting of the flooring, cracks in the walls, poorly made coverings or poorly positioned fixtures.
Conservation acts. Naturally, the administrator has the task of promptly alerting the builder in the event of discovery of similar defects and, if necessary, taking judicial action against him to obtain compensation. In fact, he has the power-duty to carry out actions to preserve the rights regarding the common parts, a task which can also include actions aimed at safeguarding the rights regarding the condominium building considered as a unit. Among these, the acts aimed at removing serious construction defects that concern the entire condominium building or individual apartments, since this is a hypothesis of common cause of damage which alternatively enables the administrator and the individual condominium owners to take action for compensation.
The important thing is that the defects are reported to the manufacturer within one year of their discovery. However, it rarely happens that the builder is called to answer for similar defects, either because they often emerge a long time after the delivery of the property, or because sometimes, by the time they are discovered, the construction company is already in liquidation or, even worse, has been declared bankrupt.
Legislative news. The legislator has simplified things in the case of properties for which building permission was requested after 21 July 2005, the date of entry into force of the legislative decree which obliges the builder (or in any case the person proceeding with the sale) to contract and deliver to the buyer, upon transfer of ownership, a ten-year indemnity insurance policy with effect from the date of completion of the works.
This policy serves to cover all material and direct damage to the property, including damage to third parties, which may result from the serious faults and defects mentioned. No more lawsuits against the builder, therefore, but a simple request from the administrator or condominium owner to use the insurance policy to obtain compensation for damages resulting from verified defects or even the ruin of the building.
source: Il Sole 24 Ore
Grimaldi Padua
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