Defect Claims in a New Build: Procedure and Time Limits in Practice

Report a defect in a new build as soon as possible, in writing, with a description and photographs, and get confirmation that it was delivered. The time limits for exercising rights under the warranty and under liability for defects differ depending on the type of defect and on the contract, so always check them in your contract and with a lawyer. The key is not to delay anything and to document everything.

Defect, outstanding item and ordinary wear

When making a claim, it helps to distinguish between several terms, because they are handled differently:

• Defect – a condition that does not comply with the contract, the design or the usual standard of workmanship (cracked tiles, a leaking window, a blocked drain).
• Minor outstanding item – a smaller shortcoming that is recorded already at the handover of the flat (a scratch on a windowsill, a missing skirting strip).
• Hidden defect – a defect that only appears later, for example damp, insufficient insulation or a problem with the distribution systems.
• Ordinary wear or improper use – these cases are generally not dealt with as claims.

How quickly a claim is resolved often depends on how you describe the defect and whether you can prove it.

Handover protocol: the basis for later claims

The most important moment is the handover of the flat. This is where obvious defects and outstanding items are recorded, which the developer then remedies. Recommended procedure:

1. Set aside enough time for the inspection and do not rush.
2. Consider bringing an independent construction technician or expert who knows what to focus on.
3. Check the windows, doors, floors, plaster, fixtures and fittings, electrical installation, water, drains and heating.
4. Have every shortcoming written into the protocol; do not rely on a verbal promise.
5. Ask for a date by which each item will be remedied.
6. Sign the protocol only when it reflects the actual condition. You may also check whether the handover can be conditionally suspended and the defects stated as a reservation.

Keep copies of the protocol and the photographs. You can find general information on the whole purchasing process in our buying guide.

How to submit a claim step by step

If a defect appears after you have taken over the flat, proceed generally as follows:

1. Document the condition. Take photographs and videos, and for damp or noise also a dated recording. Describe when and under what conditions the defect appears.
2. Check the contract. Verify to whom the claim should be addressed, in what form, and what time limits and procedures have been agreed.
3. Send a written notice. Use a form by which you can prove delivery (data box, registered letter, or a confirmed e-mail if the contract allows it).
4. State what you are requesting. Most often this is remedying the defect within a reasonable time. Deal with any further claims only after consulting a lawyer.
5. Request confirmation. The developer should accept the claim and state how it will proceed.
6. Monitor the deadlines. Note down when you reported the defect, when the inspection took place and when it was repaired.
7. Check the repair afterwards. Ask for a written record of the defect having been remedied.

Time limits: what to watch

We do not state specific lengths of time limits, because they depend on the contract, the type of defect and the applicable legislation. In practice, however, always keep an eye on the following areas:

• The period within which a defect must be reported – for obvious defects it tends to be shorter, for hidden ones longer.
• Warranty period – it may differ for the building as a whole and for individual fittings or technologies (windows, lift, boiler, ventilation).
• The developer's time limit for remedying the defect – it is often set by the contract or is reasonable given the nature of the defect.
• Limitation periods – once they have expired, a claim may be difficult to enforce.

The start of the time limits usually depends on the date of handover, so keep the handover documents safe. Have the exact time limits for your case confirmed by a lawyer who specialises in construction or real estate law.

Common areas of the building and the role of the owners' association

In apartment buildings, defects are divided into those affecting your flat and those in the common areas (roof, façade, lift, distribution systems, cellar). Common areas are generally dealt with by the owners' association or the building manager, not by an individual owner on their own. Contact the manager or the committee in good time so that the claim is coordinated and time limits are not missed. If the building is still being built, check with the developer who handles claims in the period before the owners' association is established.

When the developer does not respond or denies the defect

If the claim is not being resolved, you can proceed as follows:

• Send a written reminder referring to the original notice.
• Have the defect assessed by an independent expert or technician and have a report drawn up.
• Consult a lawyer about further steps, including a possible price reduction or other claims.
• Consider an out-of-court solution, for example mediation.
• Going to court is the last resort, so keep all correspondence from the start.

If your flat is financed by a mortgage, ask a mortgage specialist whether and how defects affect the terms of the loan or its security. You can estimate the repayments in our calculator, but always discuss the effect of a claim on the loan with the bank.

How to avoid problems before buying

A well-chosen developer and a carefully prepared contract reduce the risk of disputes. Before making a reservation, check:

• the developer's references and track record in the developer overview,
• the status and description of specific buildings in the project catalogue,
• how the contract deals with warranties, claims and contacts for reporting defects,
• whether you can get to know the location and surroundings in advance, for example in the locations section.

If you are looking for a flat and would like help with choosing, you can use the housing inquiry form.

Frequently asked questions

Should I claim a defect straight away, or wait?

Preferably straight away. The sooner you report a defect, the easier it is to show that it arose from the construction work, and the lower the risk of missing a time limit.

Is it enough to send the claim by e-mail?

It depends on the contract. It is safer to choose a form with provable delivery, such as a data box or a registered letter, or to follow the procedure stated in the contract.

Can I repair the defect myself and send the developer the invoice?

Without prior agreement this is a risky route. First give the developer a written opportunity to remedy the defect, and consult a lawyer about further steps.