The Supreme Court clarifies when they prescribe claims such as those affected by unbuilt apartments.
  1. February 2nd. 2020

    In the context of a judicial error process, the Supreme Court explains how they prescribe personal actions such as those derived from Law 57/1968 of anticipated amounts for housing construction.

    Sometimes the conclusions of the Supreme Court affect other matters of a different theme, by connection.

    In this case, the clarification that he makes about the prescription in the sentence issued on January 20, fully affects those affected by undelivered  flats, (Aifos, Martinas Fadesa, and many other promoters who did not finish their works within the agreed period) whose claim period, stipulated, ends on October 7, 2020.

    Thus, the sentence we comment states that “As Law 42/2015 entered into force on October 7, 2015, if we combine the provisions of its fifth transitional provision with art. 1939 CC, to which it refers, we would have the following possible situations (on the basis that there were no interruptive acts of the prescription), taking into account that the prescription initiated before the said entry into force will be governed by the period previously established ( fifteen years), although, if the period required by the new standard has elapsed since said entry into force (five years) the prescription will take effect even if previously there was a period of fifteen years:

    (i) Legal relations born before October 7, 2000: they would be prescribed upon the entry into force of a new Law.

    (ii) Legal relations born between October 7, 2000 and October 7, 2005: the period of 15 years provided in the original wording of art. 1964 CC.

    (iii) Legal relations born between October 7, 2005 and October 7, 2015: in application of the transience rule of art. 1939 CC, do not prescribe until October 7, 2020.

    (iv) Legal relationships born after October 7, 2015: the new five-year term applies, in accordance with the current wording of art. 1964 CC ”


    Therefore, from the SOS VIVIENDA platform (Free Tel. 900 64 92 90) it is confirmed that the issues of defaults of promoters that had occurred between 2006 and 2015 do not prescribe until October 7 of this year, and will only prescribe those matters that are not claimed before that date.

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