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CONTRACTOR WARRANTY -OF A NEW APARTMENT

  • It is important to know that even after getting the apartment there are laws that protect your rights against the seller or against the building company.
  • The contractor warranty is divided to two periods: The examination period (“Bedek”) and the warranty period.
  • The warranty period begins as soon as the examination period ends and lasts three years.
  • The examination period (“Bedek”) starts with accepting the apartment and lasts one to seven years, depending on the nature of the flaw.
  • In the examination period the seller must fix the flaw unless it was proven it is the apartment owner’s fault.
  • In the warranty period, the apartment owner must prove it was the seller’s fault – he must prove that the fault is caused by planning, the work or the materials.
  • After the examination period and after the warranty period the seller warranty only applies according to the selling law (apartments) only in the following cases:
  • Instability in the building or in its safety, caused by its structure or by its foundation.
  • A problem was discovered and there wasn’t a reasonable way to discover it in the first years of living in the apartment.
  • The contractor warranty for apartments bought from 6.4.2011 and onwards:
  • The examination periods set in the amendment to the law from 2011 apply to apartments whose selling contract was signed on 6.4.2011 and onwards, unless its building was finished before that date.

Examination periods according to the amendment to the selling law (apartments) from 2011 is as follows:

  • Fault in structure and carpentry – 2 years
  • Fault in paving or concealment, including dents and wear – 2 years
  • Failure in function or durability of machines and tanks – 3 years
  • Fault in garden development, including dents, of among others: ground

level paving, parking lots, roads and sidewalks in the building area, and flaws in surfaces made of different finish materials – 3 years; to this matter, “garden development” includes roads, surfaces, walls, fences, built components and systems, and water systems, sewers, drainage, electricity, lighting and communication.

  • Failure in function or durability of thermal insulation – 3 years
  • Failure, including leakage, in pipe systems, including water, central heating and drainpipes, water draining and sewer – 4 years
  • Failure in building insulation, including in underground spaces, in walls, in cellings and in roofs, including light roofs – 4 years
  • Dents whose width is larger than 1.5 mm in non-foundation components
  • Disconnection, peeling or disintegration of outdoors concealing – 7 years
  • Any other fault that isn’t related to the foundation – 1 year
  • For your information: In order to be able to demand a fix for a fault that is possible to discover when having the apartment open for the buyer it has to be recorded in the apartment acceptance records.

Contractor responsibility for apartments bought before 6.4.2011 or whose building ended before that day, even if sold later: The examination period according to the selling law (apartments) from August 1990 is as follows:

  • Pipe systems including drainpipes and central heating – 2 years
  • Dampness in the roof, in the walls and in the shelter – 3 years
  • Systems, engines and water tanks – 3 years
  • Peeling of concealment in staircases – 3 years
  • Sinking of paving in ground floor – 3 years
  • Sinking of paving in parking spaces, in sidewalks, and in roads in

building area – 3 years

  • Cracks in the walls and cellings – 5 years
  • Distinct peels in outdoors concealment – 7 years
  • Any other fault that isn’t related to the foundation – 1 year

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