Your rights don’t expire when the builder closes the door
The scene repeats itself with infuriating frequency. The contractor hands over the job, the client signs the acceptance certificate, they shake hands and everything looks perfect. Three months later a damp patch appears, a tile comes loose, or the drain stops working properly. The client calls the contractor and the answer is: “That’s not our problem anymore — the job has been delivered.”
False. Categorically false. Spanish law establishes clear warranty periods for construction and renovation work, and the contractor cannot dodge them no matter what they say. But to make a claim, you need to know what you can demand, for how long, and how to go about it. Let’s make it crystal clear.
The legal framework: the LOE and the Civil Code
Law 38/1999 on Building Regulations (LOE), published in the BOE (Official State Gazette), is the reference standard for construction and renovation warranties in Spain. Although it was designed for new builds, case law has extended it to significant renovations — and a full bathroom renovation qualifies.
The Civil Code supplements the LOE with articles on works contracts (1588-1600) and contractual liability (1101 et seq.).
The three levels of legal warranty
The LOE establishes a three-tier system, each with a different duration:
Level 1: Finishing defects — 1 year
Covers visible defects in the finishing or completion of the work:
- Misaligned tiles or uneven surfaces
- Silicone joints poorly applied or incomplete
- Paint with marks, drips, or uneven coverage
- Taps that drip or function poorly
- Fixtures with cosmetic defects
- Doors that don’t close properly
Period: 1 year from the date of delivery/acceptance of the work.
Important: These defects are usually evident from day one or within the first few weeks. If you spot them at acceptance, there should be no need to claim — the company must correct them before considering the job complete.
Level 2: Habitability defects — 3 years
Covers defects or faults that affect the habitability conditions of the space:
- Leaks and damp from poor waterproofing
- Plumbing problems: leaks in concealed pipes, insufficient pressure, drains that don’t evacuate properly
- Electrical problems: short circuits, tripping RCDs, dead outlets
- Insulation defects: excessive condensation, thermal bridges
- Inadequate ventilation: moisture build-up, recurring mould
Period: 3 years from the date of delivery.
This is the most relevant level for bathroom renovations. Most serious technical problems — waterproofing, plumbing, electrics — fall here. And 3 years is long enough for hidden problems to manifest.
Level 3: Structural defects — 10 years
Covers defects or faults that affect the stability, mechanical resistance, or foundations of the building:
- Structural cracks caused by the renovation
- Weakening of the floor slab from removal of load-bearing elements
- Issues arising from having altered the structure during the renovation
Period: 10 years from delivery.
In bathroom renovations, this level is less common, but it applies if, for example, the contractor removed a load-bearing wall or weakened a slab by making excessive chases.
Legal warranty vs. commercial warranty
The legal warranty is the one established by law. You cannot waive it by contract — any clause that limits it is null and void. Period.
The commercial warranty is the one the company offers voluntarily, above and beyond the legal minimum. It can be broader in duration, coverage, or claims process.
| Aspect | Legal warranty | Commercial warranty |
|---|---|---|
| Origin | Law (LOE + Civil Code) | Voluntary company offer |
| Duration | 1/3/10 years by type | Whatever the company sets |
| Waivable | No | Depends on terms |
| Coverage | What the law defines | What the company includes |
| How to claim | Judicial or extrajudicial | Per the company’s process |
At Bathscape, we offer a 3-year commercial warranty covering finishes, installations, and functioning of all elements. In other words, we extend Level 1 (finishes) from 1 to 3 years. We don’t do it for marketing — we do it because we trust our work and because a client who claims in year 2 deserves the same attention as one who claims in month 2.
See the details of our warranty.
How to document defects properly
If you detect a defect during the warranty period, documentation is your best ally. Without documentation, your claim becomes your word against theirs. With documentation, you have a case.
Step 1: Document visually
- Take photos and videos of the defect with a visible date (enable the date stamp on your phone camera)
- Photograph the context: not just the crack, but the full wall; not just the stain, but the room
- If there’s damage to third parties (e.g. damp in the flat below), document that damage too
Step 2: Communicate in writing
- Send an email (not a WhatsApp, not a phone call) describing the defect
- Include the photos as attachments
- Explicitly request repair within the warranty period
- Keep the delivery receipt
Step 3: Allow a reasonable timeframe
- State a deadline for the company to inspect and repair (15-30 days is reasonable)
- If they don’t respond or refuse the repair, escalate
Step 4: Formal demand
- Send a certified letter with acknowledgement of receipt and content certification
- Include all documentation
- This has legal value as proof of claim
The formal claims process
If the company doesn’t respond or refuses to repair:
1. Complaints form
If the company has premises open to the public, you can request the official complaints form. Fill it in, keep your copy, and submit it to the OMIC in Valencia (Municipal Consumer Information Office) or the Consumer Affairs Directorate of the Valencian Community.
2. Consumer mediation or arbitration
The Consumer Arbitration Board can mediate free of charge. The process is faster than the courts (typically 2-4 months). The arbitration award is binding if both parties submit to arbitration.
3. Courts
If mediation fails, litigation is the last resort. For claims under 2,000 EUR, you can go to the Court of First Instance without a lawyer or solicitor. For higher amounts, you’ll need legal representation.
A court-appointed surveyor can assess the defects and issue a report that serves as evidence. Indicative cost of the survey: 300-600 EUR, recoverable if you win the case.
What many people don’t know: joint and several liability
Here’s a fact that changes the game. Under the LOE (Article 17), when the cause of the defect cannot be attributed to a single party or when multiple agents have been involved in the work, liability is joint and several. This means you can claim the full amount of the damage from any of those responsible (developer, builder, project manager), and they sort it out among themselves.
In the context of a bathroom renovation, if the company subcontracted the plumbing and there’s a leak, you claim against the company you signed the contract with — not the subcontracted plumber. The company answers to you and then claims against the subcontractor if appropriate.
This reinforces the importance of hiring a company with a formal contract, as we explain in our evaluation checklist.
What we think at Bathscape about warranties
Let’s be candid: the warranty system in renovations works reasonably well in theory and mediocrely in practice. The main problem isn’t the law — it’s enforcement. Many renovation companies are small, uninsured, and in the worst case, they disappear (close the company and open a new one). Claiming against them is like trying to catch smoke.
That’s why, beyond legal rights, at Bathscape we insist that the best guarantee is choosing well from the outset: a company with a verifiable tax ID, public liability insurance, a detailed contract and — this is key — a demonstrable track record. A company that’s been operating for 5 years with good reviews isn’t going to risk its reputation over not fixing a tile.
Our warranty works like this: if you detect any defect, you contact us by email with photos. We have an internal deadline of 72 hours to inspect and 15 days to repair. No bureaucracy, no excuses, no cost. All documentation from your project — photos of each phase, technical data sheets, certificates — is archived digitally and accessible. Because in Valencia, and anywhere else, paperwork speaks.
You can see our commitment in detail on our warranty page and understand how it works throughout the process.
How to protect yourself before signing
Don’t wait until you have a problem to think about the warranty. Before hiring, make sure:
- The contract includes an explicit warranty clause with periods and coverage
- The company has current public liability insurance (ask for a copy)
- There’s a formal acceptance certificate where you can note visible defects
- Payments are traceable (bank transfer, not cash)
- You keep all documentation: contract, quote, invoices, technical data sheets, process photos
With these five points covered, you’re in a position of strength if something goes wrong. Without them, you’re at the mercy of the contractor’s goodwill. And goodwill, like silicone joints, wears out over time.
If you’re considering a renovation, configure it in our configurator and compare. The fixed price includes the peace of mind of knowing that what you pay is what you get, with a real guarantee behind it.
Frequently asked questions
Does the warranty cover normal wear and tear?
No. The warranty covers workmanship defects, not natural wear from use. If the shower silicone blackens at 3 years due to lack of ventilation, that’s not a defect — it’s maintenance. If it peels off at 6 months, that is a defect.
Can I lose my warranty by making modifications afterwards?
Yes. If you modify the electrical installation, plumbing, or wall finishes yourself or through a third party, the company may argue the defect is due to your intervention. Don’t touch anything covered by the warranty without consulting first.
What happens if the renovation company goes out of business?
If the company is dissolved, claiming is extremely difficult. You can try the public liability insurance route (if they had any) or sue the directors personally if there are signs of fraud. That’s why it’s so important to verify the company’s solvency and track record before hiring.
Are bathroom renovations covered by the LOE or only by the Civil Code?
Case law is clear: significant renovations (affecting installations and the functional structure of the space) are covered by the LOE. A full bathroom renovation — with demolition, new plumbing, electrics, and tiling — is a significant renovation. A simple tap replacement is not (that’s covered by the Civil Code, with less defined periods).
Next step
Get informed before you sign. Use our evaluation checklist to vet any company you consider, including us. And when you’re ready, generate your quote in the configurator with all guarantees included.