The seller must guarantee the buyer that the property complies with applicable building codes. If the property has irregularities with respect to the building permit and the seller was aware that it was impossible to rectify them, this constitutes a breach of contract of no small importance, resulting in an obligation to compensate the buyer for damages suffered. In this regard, the submission of an application for building amnesty is of no relevance if, at the regulatory deadline, the construction had not yet been completed, this requirement being a condition established by law to obtain the regularization of the abuse. As for the amount of compensation, quantification can be done by considering the value that the property would have had if the amnesty had actually been achievable.

Court of Cassation, Sec. II, Civ., Order of Dec. 13, 2024 No. 32307