Modification of the limitation period for personal actions
Law 42/2015 of 5 October, amending Law 1/2000 of 7 January on Civil Procedure, has introduced, through its final provision, a significant reduction in the limitation period for the exercise of personal actions that do not have a specific term established. Consequently, the general period of 15 years set forth in the Civil Code was, as of 7 October, reduced to 5 years.
The reduction in the limitation period is especially relevant because many personal actions do not have a specific term established and therefore now expire after five years. This change affects, for instance, the contractual liability claim against a property developer who delivers a home with defects — a claim that previously could be filed even after all warranty periods set out in the Spanish Building Act (LOE) had expired.
Since the reduction from 15 years to 5 years is now clear, the question is: what happens to claims that arose before 7 October 2015? According to Law 42/2015 and early legal interpretations, these actions are understood to expire five years after the law came into effect, meaning on 7 October 2020.