The Regulation on the guarantee plan excludes from the guarantee all that is due to a default by the buyer-beneficiary and to the normal wear and tear of time. This is completely normal, as in these cases there is no intervention on the part of the contractor.
The following are excluded from the guarantee due to a beneficiary fault or failure:
- Defects in the materials and equipment supplied and installed by the beneficiary.
- Repairs made necessary by the fault of the beneficiary, such as inadequate maintenance, misuse of the building as well as repairs that result from deletions, modifications or additions made by the beneficiary.
- Repair of damage arising from the contractor's extra-contractual civil liability.
The following repairs made necessary without any fault of either party are also excluded from the guarantee:
- Repairs made necessary by normal behavior of materials such as cracks and shrinkage.
- Damage resulting from normal wear and tear of the building.
- Repairs made necessary following events of a force majeure, such as earthquakes, floods, exceptional weather conditions, strikes, and lockdowns.
- Repair of damage resulting from contaminated soil including replacement of the soil itself.
- A seller's promises regarding use or energy consumption costs from devices, systems or equipment used in the construction of a building.
- The obligation for a public service to supply the building with gas or electricity.
- Parking spaces and storage spaces located outside the building where the residential units are located, and any work located outside the building such as outdoor pools, earthworks, sidewalks, driveways and the drainage system of the surface water of the land except for the negative slope of the land;
- Debts of persons who participated in the construction of the building.
Some of the exclusions cited above do not apply if it can be proven that the contractor did not comply with the rules of the art or the standard in force applicable to the building.
For example, if a defect by the contractor results in a premature crack or shrinkage of the materials, it will be covered by the guarantee.