Defects report
Cracks, damp, leaks or faulty services: what happened, why, and what it costs to repair.
Services · Surveys and legalisations
Building surveys and legalisation of works in Madrid
Expert reports on construction defects, for a claim or for court, and legalisation of works carried out without a permit. In the Madrid region and on the Costa del Sol (Málaga).
Expert architect
When the works have a problem
We write expert reports on construction defects in homes and buildings, and we legalise works carried out without a permit: extensions, porches, swimming pools or changes that were never processed. In the Madrid region and on the Costa del Sol (Málaga).
They are signed by Fran Cortés, architect (COAM no. 21,503) and building engineer (arquitecto técnico, COAATM no. 105,287), who knows building work from both sides: the design and its execution.
What we do
Surveys and legalisations
Expert opinion for court
If the problem ends up in court, we write the expert opinion for the claim or the defence and defend it at trial.
Legalisation of works
If the works comply with the planning rules, we prepare the documents to legalise them at the town hall. Building permit or declaration of compliance (declaración responsable).
Recognition in Andalusia
If the works can no longer be legalised, we apply for recognition as asimilado a fuera de ordenación (tolerated non-conforming status) where it applies.
Deadlines for claims
How long you have to claim for defects
The Building Act (Ley de Ordenación de la Edificación, LOE) sets three liability periods from the handover of the works (article 17): 10 years for structural damage, 3 years for defects affecting habitability and 1 year for finishes, for which only the builder is liable.
Once the damage appears, the right to claim expires after 2 years (article 18). That is why it is worth documenting it with a technical report as soon as it appears.
In court, each party can submit its own expert's opinion with the claim or with the defence (Civil Procedure Act, Ley de Enjuiciamiento Civil, articles 335 and 336).
Sources consulted on 4 October 2026: Ley 38/1999 de Ordenación de la Edificación (BOE) · Ley de Enjuiciamiento Civil (BOE).
Works without a permit
How to legalise works carried out without a permit
Madrid region
The town hall can take action against works carried out without a permit for 6 years after they are finished, or 15 on protected non-developable land. If it does, it requires the owner to apply for legalisation within 2 months (Ley 9/2001, article 195). On roads, green areas, open spaces and public land there is no time limit (article 200).
Andalusia
The time limit is 6 years from the end of the works, with exceptions that have no time limit, such as public land (Ley 7/2021, article 153). After that period, the town hall can recognise the status of asimilado a fuera de ordenación, which is not a legalisation but allows maintenance and renovation works (articles 173 and 174).
In both cases, the first step is to check whether the works comply with the planning rules: if they do, they can be legalised.
Sources consulted on 4 October 2026: Ley 9/2001 del Suelo de la Comunidad de Madrid (BOE) · Ley 7/2021 de Andalucía (BOE).
How we work
From the visit to the report
Step 1
Visit
We inspect the home or the works and review the documents you have: project, permit, contract or photos.
Step 2
Diagnosis
We explain what happened and why, or whether the works can be legalised under the planning rules.
Step 3
Report
We write the expert report, with a valuation of the repairs, or the documents for the town hall.
Step 4
Next step
If needed, we ratify the expert opinion in court or prepare the repair project.
Frequently asked questions
Questions about surveys and legalisations
Can’t see your question? Write to us and we will reply the same day.
Ask on WhatsAppHow long do I have to claim for a defect in my house?
It depends on the damage: 10 years for the structure, 3 for anything affecting habitability and 1 for finishes, from the handover of the works. And once the damage appears, 2 years to claim.
Will you go to court to defend the report?
Yes. If the report is submitted as an expert opinion, we ratify it and explain it before the judge.
Can any works be legalised?
No. Only works that comply with the planning rules. If they do not, they have to be adapted or, in some cases, demolished. We check this before we start.
What if more than 6 years have passed?
In Madrid, once 6 years have passed since the works were finished (15 on protected non-developable land), the town hall can no longer require the land to be restored; in Andalusia, after 6 years. There are exceptions with no time limit, such as green areas or public land. In Andalusia you can also apply for recognition as asimilado a fuera de ordenación. What happens to houses on rural land (in Spanish).
Do you inspect a home before I buy it?
For that we have ITVIVIENDA, our technical inspection service for buyers.
How much does an expert report cost?
It depends on the scope and whether it goes to court. We give you a fixed price after looking at the case.
Reviews
What our clients say on Google
Where we work most
Surveys and legalisations in the Madrid region and the province of Málaga
We take on this kind of work in the Madrid region and in the province of Málaga (Marbella and the Costa del Sol).
Let’s talk
Do you have a problem with your works?
Tell us about your project. Call or write to us and we will give you an initial assessment, with no obligation.