Province of Málaga

Property expert witness in Málaga

From our base in Seville we prepare expert reports on homes to bring or defend a claim before the courts of the province of Málaga. The expert who signs the report is the one who confirms it at the hearing.

Cutaway of a block of flats with finishes, services and structure in three colours.

Judicial districts

The courts where we appear

Throughout the province, including these judicial districts.

Málaga

Courts of first instance of the city.

Marbella and Estepona

The western Costa del Sol.

Fuengirola and Torremolinos

The central stretch of the Costa del Sol.

Vélez-Málaga and Torrox

The Axarquía.

Antequera and Ronda

The north and west of the province.

Rest of the province

Ask us about any other judicial district.

Method

How we handle an expert report in Málaga

Case review

You send us photos, the contract, the handover record, dates and correspondence with the other party.

Visit and measurements

We inspect, measure moisture and cracks and look for the source of each item of damage.

Report and valuation

Classification of each defect, technical responsibility and repair cost item by item.

Confirmation in court

If there is a trial, the same expert defends the report before the court.

LOE deadlines:one year for defects in finishes, three for habitability and ten for structure, from acceptance of the works, and two years to claim once the damage appears. More in the Ley de Ordenación de la Edificación (LOE).

Málaga

Questions about expert reports in Málaga

I live abroad and the trial is in Málaga. Do I have to travel?

Not always for the technical side. We inspect the home with whoever holds the keys and send you the report to go through with your lawyer. Whether you attend the trial is decided by your lawyer.

The wall of my plot is leaning. Who is liable?

It depends on whether it is part of the building works and how old it is, how it was built and whether the drainage has been maintained. The expert report identifies the cause, which decides whether the claim goes to the builder, a neighbour or the insurer.

FAQ

Questions about expert reports

Who is responsible for construction defects?

Each participant is liable for damage caused by their own errors: the designer for design faults, the contractor for workmanship, and technical site management for supervision and control. Where the cause cannot be attributed or fault is concurrent, all are jointly and severally liable. The developer is always liable to the buyer alongside the others. For that reason, contacting the developer is usually the simplest starting point for the owner.

What if the developer has closed or become insolvent?

You can still claim against other participants, such as the contractor, architect or technical site management, and their liability insurers. For structural damage, seguro decenal, the ten-year structural insurance, provides direct cover. If the developer is insolvent, the claim must be notified within the insolvency proceedings. The libro del edificio, the completed building documentation, identifies participants. A solicitor should assess the available routes.

What is seguro decenal?

Seguro decenal is the insurance the developer must generally arrange for homes (the law exempts an individual self-builder of a single detached home for their own use), covering material damage from structural defects compromising building stability for ten years. If structural damage occurs, the owner can claim directly against the insurer, which is particularly useful where the developer has disappeared or become insolvent. The insurance certificate should form part of the home or building documentation. The Spanish name distinguishes this cover from an ordinary household policy or the other building guarantee periods.

Can you act as experts in courts in other provinces?

Yes. An expert can act before any court in Spain. Our bases are Torrevieja, serving Alicante, Murcia, Valencia and Albacete, and Seville, serving western Andalusia. For other provinces, we assess travel for the inspection and trial. In some cases, ratification can take place by video conference if the court authorises it. Describe your case and we will advise on availability.

How long does an expert report take?

This depends on complexity, the number of defects and the documents requiring study. A report on a home with a few issues may be ready within a few days after inspection. Numerous defects or an abandoned renovation take longer because each item must be measured and valued. The quote sets the delivery period. If you have a procedural deadline, include it when requesting a quote.

Need an expert witness in Málaga?

Tell us the matter and the town, and we will give you a timescale and a price.

Contact

Let's talk about your property

Call us, message us on WhatsApp or send us an email. If you already know what you need, the quote form is the quickest way.