Inspection and warranty period – A guide for apartment buyers in Jerusalem
One of the most important and central questions that buyers of apartments from a contractor ask after taking possession of the apartment is: Until when is the contractor responsible for discovered defects – and what happens if the defect only appears after a few years?
Many waive their rights out of ignorance, or receive a laconic response from the contractor that “the warranty period has ended.” In practice, Israeli law provides apartment buyers with broad protection – if they know how to use it correctly.
In this article we will clearly and practically explain the difference between The testing period לWarranty period, We will clarify which defects are included in each period, and present the position of the courts – with an emphasis on apartment buyers in Jerusalem, from the experience of Halevi Law Firm in Jerusalem.
What is the inspection period according to the Sales Law (Apartments)??
The legal definition of the probation period
The testing period It is a period of time stipulated by law, during which the contractor is responsible for repairing construction defects discovered in the apartment – Unless he proves that the defect was caused by the buyer's fault.
Legal basis: חוק המכר (דירות), תשל”ג–1973.
The purpose of the inspection period and the protection of apartment buyers
During this period:
The contractor's liability is almost absolute.
The burden of proof lies with the contractor.
The buyer has a clear right to demand repair.
How long does the testing period last??
Inspection periods by type of defects
The law and regulations set different periods depending on the nature of the defect:
Moisture, sealing and plumbing defects – 4 years
Flooring, cladding and carpentry defects – 2 years
Plaster, paint and finishing defects – One year
Defects in electrical and plumbing systems – 4 years
Defects in the building's skeleton – 7 years
When does the counting of days begin??
⚠️ Important to know: The number of years begins From the date of actual delivery of the apartment, and not from the date of signing the agreement.
What is the contractor's warranty period??
The difference between an inspection period and a warranty period
Upon completion of the testing period, the Warranty period, which continues Three more years.
The burden of proof during the review period
Possession in favor of the purchaser.
Burden of proof during the warranty period
During this period:
The contractor may still be liable
but The burden of proof shifts to the purchaser.
An engineering opinion is required to show that the defect is due to poor design or execution.
Despite the shift in the burden of proof, courts do not easily exempt contractors from liability – especially when it comes to material defects.
Defects discovered late – Are the rights lost??
Not necessarily.
The courts recognize that some construction defects are Hidden defects, which are only discovered after prolonged use of the apartment.
In the verdict ע”א 5602/03 סגל נ’ שיכון ופיתוח, it was determined that the Sales Law (Apartments) is a cogent law, and cannot be conditioned to the detriment of the purchaser.
In appropriate cases, action can also be taken by virtue of:
Contract Law
Torts Ordinance
Grounds for breach of statutory duty
The obligation to notify the contractor – Common mistake of buyers
The buyer must deliver Written notice to the contractor upon discovery of the defect, within a reasonable time.
Failure to provide notice may harm the chances of a lawsuit, but:
There is no requirement for complex legal wording.
There is no obligation to allow infinite repair attempts.
When the contractor delays, evades or repairs negligently – You can apply to the courts..
Relevant ruling on the issue of the probationary period and liability
Rulings of the courts in Jerusalem
ת”א (שלום י-ם) 24830-02-15 אבו חסן נ’ חברת בנייה בע”מ – It was determined that even during the warranty period, the contractor is liable for compensation when a design failure is proven.
ת”א (מחוזי י-ם) 1207/09 לוי נ’ חברת בנייה – Strengthening the contractor's liability for ongoing defects even after years have passed.
Frequently Asked Questions
The contractor claims that the inspection period has ended – is this the end of the story??
No. It is necessary to examine whether a warranty period applies, whether it is a hidden defect, and whether there are additional legal grounds.
Is it possible to waive a probationary period in a contract??
No. Any section that attempts to violate rights under the Sales Law is void.
Is it worth ordering an opinion during the inspection period??
Yes. A preliminary opinion may significantly strengthen the buyer's position.
Summary
When is it important to contact a construction defects lawyer in Jerusalem?
The inspection period and the warranty period are the main legal tools available to apartment buyers in dealing with contractors - but they are only effective when used correctly and on time.
If you have purchased an apartment in Jerusalem and are wondering whether the contractor is still responsible for the defects that were discovered, it is recommended that you seek legal advice from: Halevi Law Firm in Jerusalem, specializing in real estate law, construction defects and exercising the rights of apartment buyers.
An early inspection can save you from unnecessary waiver of rights and significant compensation.
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