NO ES OBLIGATORIO EL SEGURO DECENAL SI SE TRATA DE DOS VIVIENDAS EN PROPIEDAD HORIZONTAL DESTINADAS A USO PROPIO. (REFLEXIONES CRÍTICAS ACERCA DE LA RDGRN, DE 11 DE NOVIEMBRE DE 2008, Y ANÁLISIS COMPARATIVO CON LAS RESOLUCIONES DE 17 DE MARZO DE 2007 Y DE 9 DE MAYO DE 2007).

Abstract

This paper analyses one of the instances where a builder is exonerated from the requirement to take ten year's liability insurance against major structural faults under Additional Provision 2 of the Organic Act on Building on the basis of the jurisprudential criterion set in the Decision of the Directorate-General of Registries and Notarial Affairs of 11 November 2008. This decision, based on the requirements given in the Circular Decision of 3 December 2003 for a builder building a single-family home for his own use, states that tenyear liability insurance is not exigible in the case of two homes in a horizontal property scheme intended for the builder's own use, because the fact that the property is divided horizontally into two units is not contradictory to the builder's personal use of both units. Accreditation of the builder's personal use of the units is afforded through the deed, where the declarant of new construction is described as the owner of the construction. However, if the property is disposed of at some later time, ten year's liability insurance against major structural faults is required. The paper also analyses the Decision of the Directorate-General of Registries and Notarial Affairs of 17 March 2007, which seems to envisage the same case. The circumstances are not identical, however, because no horizontal property scheme had been created in the events in question, so there was clearly no desire for independence. Then the authors examine the Decision of the Directorate-General of Registries and Notarial Affairs of 9 May 2007, which states that ten year's insurance is not exigible in the case of horizontal division subject to what is termed a «Valencian community». In all these cases account is taken of the goal of the legislation at issue, which is to protect consumers.