Habitability Defects or Mere Finishing Flaws: Jurisprudential Uncertainty in the Application of the Spanish Building Act (LOE)

Abstract

This study analyzes case law regarding material damage resulting from construction defects under the framework of the Spanish Building Act (LOE), with particular emphasis on the distinction between habitability defects and mere finishing flaws. Through the examination of representative rulings, the analysis highlights the wide interpretative margin in the classification of damages and the resulting legal uncertainty caused by the divergent judicial treatment of similar defects. It also underscores the practical difficulty in applying the warranty periods established in Article 17 of the LOE, due to the excessive technical compartmentalization of construction defects.