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Professional Advice

Foro Seguro de Hogar: ¿Quién decide la inhabitabilidad?

Susan J.


My neighbour insured through MAFRE has caused a water leak that has affected my whole corridor. The parquet´s technician sent by Mapfre said that to fix it (after replacing the damaged boards) it will take a whole day for slashing and varnishing. As these repairs will cause dust and odor to all rooms and bathrooms (in the corridor) I told the parquet´s technician that on the next day I want to be paid for a hotel (so I can vent and clean that area) This is because we have 2 children (one of them is a baby) so it seems fair to me.

My surprise was that when the Mapfre representative called me, he told me that the policy will only cover me for one day as the parquet´s technician will go from 9:00 am, ends of painting for the evening and on the next day the whole family can be on the floor.

My question is: how is it possible to refuse the 2nd day of Non-habitability?

If so, I will enforce them to fix the hallway in 2 half days (mornings) so I make sure everything is dry on the 3rd day when I come home and at least it will be vent and with no dust.

May I have your advice? Thank you.

Name moderator to answer

Moderator, Sergio Sanguino

Hi Susan,

To know the exact time of drying for varnishing the parquet it would be necessary to know the type of paint used and even if you used an accelerator to speed it up. Certainly, it may be allowed at least one day after the varnishing for non- habitability as vapors are arising there from varnishing, and more so if there is a baby living in the house.

I understand your proposal for Non-habitability of two days (one for the works and one for drying varnish…) and it looks reasonable as there could be a general extension to a third day for non-habitability in this sort of claims.

If Mapfre refuses to expand one more day the non-habitability cover, I understand that you can claim on your own Insurance Company. They can take charge of the damages produced and then claim to Mapfre on your behalf. Nevertheless, some Insurance Companies may not want to offer you this service as you are not liable for the claim or responsible of the cause of the damage (this is not appropriate, because the insured has water damage guarantee so they must attend and then claim to the responsible or use the legal assistance guarantee eventually)

In conclusion,

1st. Try and call to Mapfre, and if the representative does not listen to your queries ask for the Head of the department, because the attention requested is completely normal.

2nd Should you not achieved anything and still decide to go to a hotel or similar, invoices for hotel, restaurant, etc. .Are needed (you can only claim on costs incurred and duly justified and the cover would not be effective in case you are going to some friends or family house)

3rd Open a claim with your Insurance Company which as noted above should attend you and then claim on Mapfre.

4th In case your Insurance company does not access to pay the costs incurred then tell them to open a claim for legal assistance so you can claim Mapfre for the expenses on the 2nd day.

I hope this helps,

Kind regards.

Foro seguro de Hogar: Rotura en tragaluz

David King

Good afternoon, I have a home insurance policy with Allianz, to whom I have made a claim due to the break of a printed methacrylate that I have located in a skylight from the roof. I called the Insurance Company and they told me that I should talk to my Insurance Broker as I am not cover due to the limit in my aesthetic damage cover up to 2500 € and I do not understand why. Is this correct?

Thanks, regards.

Moderator, Sergio Sanguino

Hi David,

The burst of skylight from the roof should be cover through the glass breakage, crockery etc. You have to go to the General Terms and Conditions of the policy contracted to check the coverage of that guarantee where the materials are covered (such as glass, sanitary ware, ceramic glass etc) will be described. Nowadays, most of Home Insurance policies include methacrylate, either directly or as similar to the crystals materials.

Please note that if breakage has occurred for unknown causes, due to its own reasons, defect of the methacrylate or it has been another reason like hail or vandalism, for example…The claim would be covered by those guarantees directly, and not through the glass breakage warranty .

Kind regards

Sergio S

Pregunte al Administrador: Gastos de ascensor

Jordi Palat

I am owner of a flat in a building of five floors of old construction in Girona.  Finally, we have elevator.  However, now the owners of the groundfloors, refuse to contribute to the costs of this new element.  It is true that the lift will be used by the dwellings of other floors, but are they legal to say not to include them in this expenditure?

Thank you in advance

Administrator; Juan López

If the installation of the lift is a reality,  there has been an agreement on board backed the legal quorum (though simple majority for the rest of the territory, after the law 8/2013) which requires total majority in the CC CAT., and that the location of the same does not affect any neighbor with respect to housing settings. Article 9.2 of the LPH is very strong and has simplified many disputes, establishing that the non-use of a service does not exempt from the payment of the corresponding expenditure.   It is not the use that will make each owner of the common service, but the fact of having this service to use it when you want to.

While it is true that a community of neighbors must find a model of efficient and friendly management.  I don’t know if you have been advised before investing, in terms of the grants available in your autonomous community.  Management commitment and good work, does not usually generate conflicts, and less even when what is happening in your building is that have achieved progress. Notice that the jurisprudence also advanced by putting in place the crieterio that the lift is not an ornament, but a necessary element for the proper habitability of the house and its installation removes architectural barriers.

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