Currently we can appreciate the great amount of constructions in our country within the housing area, only for the year 2022 five thousand (5,000) units were integrated to the Horizontal Property Regime, pursuant to the indications of the Ministry of Housing and Land Management.

From the moment that the construction has an occupancy permit, the developer may deliver the property development division, and the buyer may not refuse to receive the property as long as the unit is habitable as a whole, and if there are exceptions that do not imply an amount greater than 1% of the value of the property, the seller (developer) must carry out the corresponding corrections within a period of no more than thirty calendar days.

As we can observe, from the moment the property development division, is delivered, the responsibility of the developer (seller) and/or builder begins, depending on the exception. It is known that this list of exceptions are the result of the inspection of the real estate unit at the moment of delivery, being these the ones that the developer company indicates that there is a one year warranty.

It is known as exceptions those defects of finishes and completion, which are easy to detect and the most common are: broken tiles, with voids and/or chipped; poorly installed overhead furniture, walls without good finish and or paint, among others.

 But we wonder what happens or to whom do you claim those construction defects or hidden defects that are not claimed within the first year?

Pursuant to the provisions of Article 1343 of the Civil Code, the contractor of a building that is ruined due to construction defects is liable for damages within ten years from the date of completion of the construction; the same responsibility and for the same period of time, shall be borne by the architect.

Since hidden defects or construction damages are those that affect the structure of the property, its foundations, supports, beams, among other parts, they can have serious consequences on the stability and functionality of the property, to the extent that the property may be demolished.

At this point, it is important to emphasize that the responsibility for the work, hidden and construction defects and must respond for them according to the law, the developer, builder, architect, designer and recently by Executive Decree 142 of July 9, 2021, is given a responsibility categorically the responsibility to the Board of Directors of the horizontal property regarding the maintenance of the property.

By virtue of this problem, the authorities through the related regulations have established the right of the consumer (buyer) to claim for damages and/or hidden defects in the construction. Therefore, at the moment in which the damage that corresponds to a hidden defect and/or damage in the construction is detected, it must be reported to the project developer, so that the latter becomes responsible through the guarantees provided by the builder, designer or architect (depending on the damage or hidden defect), If an agreement cannot be reached with any of the parties, the consumer has the right to go to the Authority of Consumer Protection and Defense of Competition (ACODECO) and/or to the Commercial Courts to exercise his right to file a claim with evidence of the damage. 

It is always advisable to contact the subject-matter experts in order to have the necessary technical advice and legal support to guarantee a solution to the hidden defects and/or construction defects of the acquired Horizontal Property.