What Does a Construction Guarantee Mean for a New Apartment and How Long Does It Last?

Do you know what to do if an unexpected construction defect appears in a newly completed home? Buying a new apartment is an exciting step, but a clear understanding of warranty conditions ensures peace of mind and guarantees that your investment remains well protected even after you receive the keys.

The nature of warranty and the seller's legal responsibility

In the case of a new development apartment, construction warranty is discussed daily in everyday terms, but from a legal perspective, it is worth distinguishing between two important concepts: the voluntary warranty offered by the developer or builder and the seller's legal responsibility for non-compliance with contractual terms. A voluntary warranty represents an additional guarantee provided by the seller, which must offer the buyer more favorable rights than those established by law. It must be made available to the consumer in writing or on a permanent data medium and must contain clear information about the warranty provider, conditions, and scope of validity.

Even if the developer does not issue a separate warranty document, you are protected as a consumer by the Law of Obligations. In consumer sales, a professional seller is responsible for defects that appear within two years from the transfer of the apartment or building. The law establishes a clear presumption that a defect appearing within two years was present at the time of transfer of possession, unless this presumption is inconsistent with the nature of the building or defect. The sales contract cannot include provisions that would limit this presumption protecting consumers to your disadvantage.

Duration of protection and important deadlines

For a new apartment transferred to a consumer, it is worth keeping in mind several important temporal milestones. The two-year period from transfer marks the time when the burden of proof primarily lies with the seller, meaning that in case of a defect that arises, a construction fault is presumed. Additionally, the law stipulates that a claim from a sales contract regarding a building defect does not expire before five years have passed from the completion of the building. This principle ensures you long-term confidence even regarding such discrepancies that may only appear after several heating periods have passed.

If you notice a defect in your apartment, inform the seller within a reasonable time, but as a consumer, certainly no later than two months after discovering the defect. Adhering to deadlines ensures your right to demand free elimination of the defect or replacement of the component. If the seller carries out the necessary repair work or replaces the defective device with a new one, the warranty period for the replaced or repaired part begins anew.

For what defects is the developer responsible?

The developer's responsibility primarily includes problems resulting from construction errors, poor quality materials, or incorrect work methods. These can include conspicuous cracks in walls resulting from uneven subsidence of structures, malfunctions of technical systems, inadequate sound insulation, or imbalance of the ventilation system. Sometimes, hidden defects emerge during occupancy that were not possible to detect during surface inspection, such as uneven operation of floor heating or heat leaks at connection points.

However, the responsibility guaranteed by law and the sales warranty do not extend to the natural wear of the apartment or damage caused by the owner's own actions. If the finishing is damaged by dragging heavy objects or the ventilation device stops working due to unmaintained filters, responsibility lies with the apartment owner. The initial drying of newly built structures' constructions over the first few years is a normal process during which small finishing errors are typically corrected by the developer during a two-year warranty period final inspection.

How to act when a defect is discovered?

Upon finding a defect, document the situation in as much detail as possible by taking photos or videos and noting the exact time and circumstances of the problem's occurrence. Then send a written complaint to the developer or contact person listed in the purchase and sale agreement, along with attached photo material. A correctly formatted written notice ensures clarity and helps the developer quickly direct the information to the appropriate construction partner.

As a first step, you have the right as a buyer to demand repair or replacement of the defective item within a reasonable time and without unreasonable inconvenience. All necessary costs, including labor, transportation, and material costs, must be borne by the seller. If the seller refuses to carry out repair work or delays them without justification, you have the right to have the work done by a third party at the seller's expense, demand a reduction in the purchase price, or in case of serious breach, terminate the contract.

Preventive measures before the apartment is transferred

The best way to prevent potential warranty concerns is to do thorough preliminary work before signing the apartment handover act. Before going to the handover, it is worth undertaking a practical apartment purchase checklist, which helps you step-by-step review floors, walls, windows, doors, electrical outlets, and water connections. For an even more secure result, it is worth considering involving an independent specialist, as a professional pre-purchase property inspection reveals even those technical nuances with an experienced eye and specialized tools that would go unnoticed in a normal viewing.

Special attention should be paid to the apartment building's complete documentation. Check from the state building register whether an official building permit has been issued for the building, and make yourself familiar with what a building permit is and why it is important. A valid and proper building permit confirms that the building has been constructed in accordance with requirements and the project, ensuring long-term safety of use and preservation of asset value.

Your peace of mind in purchasing a new home

Awareness of your legal rights, warranty deadlines, and proper documentation of defects makes moving into a new apartment a smooth and safe journey. Both the construction warranty and the seller's legal responsibility form a reliable support network that stands for your home comfort and investment well-being.

If you want to find modern, energy-efficient, and high-quality living space, explore a wide selection on the new developments page and choose your future home today.