New construction warranty: what it is, how long it lasts and how to activate it
The new-build guarantee is a legal right that protects home buyers against defects affecting the structure, functioning or general condition of the home.
This is an obligation of the builder or developer, under the terms of Article 1225 of the Civil Code, as well as Decree-Law 67/2003 (as amended by Decree-Law 84/2008) and the European directives recently transposed into national law.
What does the guarantee cover?
The warranty applies to defects that compromise:
- The stability and safety of the building’s structure (foundations, walls, roof);
- Technical installations (electricity, plumbing, ventilation);
- Permanently incorporated elements (doors, windows, sanitary ware, cladding);
- The finishes, when they impair the normal use of the dwelling.
As of January 1, 2022, the legal deadlines became:
- 10 years for structural defects;
- 5 years for relevant functional defects;
- 1 year for workmanship defects.
These deadlines run from the date the work is handed over to the owner, not from the date of the deed.
How should the buyer deal with defects?
If the buyer detects a defect, they must report it to the seller or builder in writing (preferably by registered letter with acknowledgement of receipt or by email with read confirmation).
The communication must contain:
- Identification of the property;
- Technical and objective description of the defect;
- Date of detection;
- Photographic record or other documentary evidence;
- Request for repair under the legal guarantee.
The defect must be reported within one year of its detection, provided that the statutory warranty period is still in force.
What are the buyer’s rights?
The buyer is entitled, free of charge, to:
- Repair of the defect;
- Replacement of the goods (where applicable);
- Proportional price reduction;
- Termination of the sales contract, in accordance with the law.
Repairs must be carried out within a reasonable time, taking into account the nature and seriousness of the defect.
If the builder or seller does not comply voluntarily, the buyer may take legal action (courts or justice of the peace) within three years of the date of notification of the defect.
What is not covered?
They are outside the scope of the guarantee:
- Damage caused by improper use or lack of maintenance;
- Alterations made by the owner that affect the integrity of the property;
- Normal wear and tear;
- Damage caused by external causes, such as natural phenomena or accidents.
Do second-hand homes also have a guarantee?
Yes, as long as the construction is less than 10 years old (from the time of completion). The guarantee remains valid even if the property is transferred, as it is a right legally transferred with the property.
This legal guarantee for new construction is an essential consumer protection mechanism in the real estate sector. Knowing the deadlines, activation conditions and associated rights is key to ensuring the integrity of the investment and preventing disputes.
The information in this article does not constitute any personalised recommendation and does not dispense with consulting official and legal entities for an informed decision.