From the day the apartment was placed at the buyer's disposal, that is, from the actual date of delivery.
Inspection and warranty period calculator
Enter the date on which the apartment was delivered, and the calculator shows, for each type of defect, when the inspection period ends and when the warranty period ends under the Sale (Apartments) Law, and which period you are in today or on the date the defect was discovered.
Inspection and warranty period calculatorUnder the Sale (Apartments) Law, section 4 and the Schedule
Disclaimer. The calculator provides general information only, based on the data entered and the assumptions set out here. It does not constitute legal advice, an engineering opinion or an undertaking as to any outcome, and should not be relied upon without review by an advocate. The binding text is that of the Law and the contract. The office accepts no liability for any damage arising from use of the calculator or from reliance on its results.
What is the difference between the inspection period and the warranty period?
During the inspection period, the developer is liable for any non-conformity discovered, unless it proves that the buyer caused it. During the warranty period, the three years following the inspection period, the developer is liable only if the buyer proves that the defect originates in the design, the workmanship or the materials. In other words, the difference lies mainly in who bears the burden of proof.
How long does the inspection period last?
Under the Schedule to the Law, from one year to seven years, depending on the type of defect: carpentry, aluminium and interior flooring, two years; machinery and boilers, yard development and thermal insulation, three years; piping and waterproofing, four years; cracks wider than 1.5 mm in non-load-bearing elements, five years; external cladding, seven years; and any other non-conformity, one year. For a fundamental non-conformity in the load-bearing parts of the building, 20 years.
And what if the contract was signed before 2011?
The current list was set by Amendment No. 5 to the Law, which came into force on 6 April 2011. The amendment does not apply to an apartment whose sale agreement was made, or whose building was completed, before that date (section 11(c)). Such apartments are governed by the list set by Amendment No. 3 of 1990, under which, for example, piping is two years, damp penetration three years and through cracks five years. The calculator selects the version according to the contract date and the date construction was completed.
By when must the developer be notified?
For a defect that could have been discovered by a reasonable inspection on delivery, within one year of delivery. For a latent defect, within a reasonable time of its discovery (section 4A). Before bringing a claim, the developer must be given a fair opportunity to repair (section 4B). A full explanation is in the article You have found a defect in your new apartment: what now and on the Construction defects page.
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Questions and answers
From when is the inspection period counted?
What is a fundamental non-conformity?
A non-conformity in the parts of the building that bear and transfer loads to the ground, affecting the stability and safety of the building. The inspection period for it is 20 years from delivery.
Does the calculator determine which type the defect belongs to?
No. Classification is a professional question, and in a dispute it is usually decided by an engineer's opinion.
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