Hidden defects are regulated in the Civil Code between articles 1484 and 1490. According to article 1484, the seller must be held accountable for hidden defects that make the property unsuitable for its intended use or significantly reduce its functionality—so much so that the buyer would not have acquired it or would have paid less if they had known about the defect. At Barcelona Flat Hunter, we explain whether noise can be considered a hidden defect.
In housing transactions, disputes over hidden defects are common, usually related to structural problems or humidity-related issues. However, noise can also be considered a hidden defect under certain circumstances.
In newly built homes, the Technical Building Code (CTE)—specifically the DB-HR section—regulates permitted noise levels. Developers must ensure proper acoustic insulation before handing over the homes. If owners detect acoustic issues, they can request corrections from the developer within a three-year warranty period.
A notable case took place in Seville, where a judge annulled a sales contract due to noise issues that severely affected habitability. The property, purchased in 2005, suffered from acoustic pollution due to inadequate installations. The ruling ordered the termination of the contract, the refund of the purchase price, and compensation for moral damages.
In second-hand homes, noise may be considered a hidden defect if it meets certain criteria: it must be pre-existing, not easily detectable during purchase, and serious enough to affect the normal use of the property. If proven, the buyer may request contract termination, a price reduction, or compensation for damages.
To avoid such issues, it is advisable to visit the property multiple times at different hours and research the surrounding environment. If the noise originates from common elements like elevators, the homeowners’ association may be responsible for making necessary repairs and compensating affected residents, as reflected in some court rulings.