In short
Until when can you require the developer to repair construction defects?
During the inspection period (bedek), which runs from one to seven years depending on the type of defect, and during the three-year warranty period that follows. Notify the developer in writing and give a reasonable opportunity to repair, as the law requires this before claiming compensation.
What the Developer Must Repair
The Sale (Apartments) Law, 5733-1973, makes the developer liable for any nonconformity (i-hatama) in the apartment it sold: a defect in the construction, the materials or the design, or a departure from the contract and the specifications. Liability runs over two periods: an inspection period (tkufat bedek), followed by a warranty period (tkufat achrayut) of three years.
The inspection period starts when the apartment is handed over, and its length depends on the type of defect. Under the schedule to the law in its current version: a general defect, one year; frames, carpentry, aluminum and interior flooring, two years; machinery, motors and water heaters, three years; plumbing and waterproofing of the structure, four years; cracks wider than 1.5 mm in non-load-bearing elements, five years; and detachment or peeling of the exterior cladding, seven years.
These periods cannot be shortened by contract. A clause in the developer's contract that narrows the liability set by law is not valid, because the provisions of the law may be changed only in the buyer's favor.
Who Carries the Burden of Proof
A defect discovered during the inspection period must be repaired by the developer, unless the developer proves that the buyer caused it, for example through unreasonable use or a renovation the buyer carried out. During the warranty period the position is reversed: the buyer must prove that the defect stems from the design, the workmanship or the materials.
So do not wait. A defect that was documented and reported to the developer during the inspection period is much easier to prove than one reported years later.
What to Do When Defects Appear
The handover protocol (protokol mesira) is the first document. Record every defect visible on the day of handover, and preferably attend the handover with an engineer. Defects that appear later are reported to the developer in writing, with photos and dates, and a copy of every message is kept.
A defect that a reasonable inspection would have revealed must be reported to the developer within one year of receiving possession of the apartment. A hidden defect, discovered later, is reported close to its discovery.
The law requires giving the developer a reasonable opportunity to repair. If the developer does not show up, repairs only part of the problem, or the defect returns, commission an engineer's report setting out the defects, their cause and the cost of repair, and send a demand letter.
A Claim Against the Developer
When the developer refuses to repair or does not repair properly, a claim is filed. The court may order the developer to repair. Where the developer was given an opportunity and did not use it, or the defect cannot be repaired, monetary compensation may be awarded instead of repair. Depending on the circumstances, the claim may also cover loss of value, rent during the repair period and emotional distress.
Defects in the common property (rechush meshutaf), such as the roof, the lobby, the parking garage and shared systems, are usually handled together, through the building's representative committee (nezigut habayit) and with a single engineer's report for the whole building. This saves costs and avoids duplicate claims.
Watch the limitation period. Under the case law, a claim for visible defects is generally time-barred seven years after receiving possession of the apartment, and the duty to give the developer an opportunity to repair does not stop the limitation clock.
What the service includes
- Review of the handover protocol, the contract and the specifications
- Demand letter to the developer to repair the defects
- Working with an engineer on the report and repair costs
- Common property defects together with the building committee
- Construction defect claims and settlement negotiations
When to contact us
- You found dampness, cracks or flooring defects in your new apartment
- The developer does not come to repair, or the repair did not hold
- The inspection period is about to end
- There are defects in the building's common property
What to bring to the meeting
- The sale contract and the technical specifications
- The handover protocol
- Photos of the defects and your messages to the developer
- An engineer's report, if you already have one
Construction Defects in New Apartments throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
How long is the developer liable for construction defects?
The inspection period ranges from one to seven years depending on the type of defect, and starts when the apartment is handed over. It is followed by a three-year warranty period, during which the buyer must prove that the defect stems from the design, the workmanship or the materials.
Do I have to let the developer repair before I sue?
As a rule, yes. The law requires notifying the developer and giving it a reasonable opportunity to repair. A developer that was given an opportunity and did not repair, or repaired poorly, may lose the right to repair, and monetary compensation can then be claimed.
Do I need an engineer's report to sue for construction defects?
Almost always. The report documents the defects, explains what caused them and estimates the cost of repair. Without professional evidence it is hard to prove the defect and its value.
How long do I have to sue the developer?
Under the case law, a claim for visible defects is generally time-barred seven years after receiving possession of the apartment. Correspondence with the developer and opportunities to repair do not stop the clock, so do not wait for the end of the period.
The developer's contract has a clause limiting its liability. Is it valid?
A clause that shortens the inspection and warranty periods or narrows the developer's statutory duties is not valid. The provisions of the Sale (Apartments) Law may be changed only in the buyer's favor.
