Moisture defects in a new apartment – what are the rights of apartment buyers in Jerusalem??
Moisture problems are among the most common, frustrating, and expensive problems in new apartments. Often, shortly after moving into the apartment – and sometimes after just one or two winters – mold stains, peeling paint, a musty smell, leaks from ceilings or walls, and even damage to electrical infrastructure and furniture are discovered.
Many apartment buyers ask: Is this a defect that is the contractor's responsibility? What does the law say? And what can be done when the contractor ignores or "wastes time"?
In this article, we will review the legal rights of apartment buyers in Jerusalem, in accordance with the law, case law, and the accumulated experience of Halevi Law Firm in Jerusalem Handling moisture defect claims against contractors.
What is considered a moisture defect in a new apartment??
A moisture defect is any infiltration of water or moisture into a structure, including:
Moisture from exterior walls or shared walls
Leaks from ceilings or balconies
Roof or basement waterproofing failure
Water infiltration from wet rooms (bathroom, toilet, kitchen)
Mold and fungus due to persistent moisture
The courts consistently hold that Dampness in a new apartment is not a reasonable phenomenon., and constitutes a material inconsistency according to Sales Law (Apartments).
Contractor's liability for moisture defects – What does the law say??
Sales Law (Apartments) – Clear responsibility
according to חוק המכר (דירות), תשל”ג–1973, moisture defects are included During a four-year review period From the date of delivery of the apartment.
During this period:
The contractor Must fix the defect
The burden of proof lies with the contractor.
General claims of “misuse” are not accepted without evidence.
Even after the testing period, during Warranty period, The contractor may be held liable – subject to the circumstances.
Recurrent dampness – When can compensation be demanded instead of repair??
The courts have recognized that dampness is an ongoing defect, which sometimes repeated repairs do not resolve.
In the verdict ע”א 4445/03 שיכון עובדים נ’ רז, it was determined that a home buyer does not have to put up with failed repair attempts, and that in appropriate cases a ruling can be made Monetary compensation instead of actual repair.
When the humidity:
Returning after repair
Lasts for years
Impairs quality of life
You can also claim:
Cost of repair through another contractor
Decrease in the value of the apartment
Compensation for mental anguish
Engineering opinion – A critical stage in the lawsuit
In most moisture bags, Opinion of a structural engineer or waterproofing expert It is a condition for success.
The opinion includes:
Identifying the source of moisture
Determining whether this is a design or performance failure
Estimated repair costs
Assessment of impairment (in appropriate cases)
The courts in Jerusalem attach great weight to professional opinions, especially when they are detailed and well-founded.
Relevant rulings from the courts in Jerusalem
ת”א (שלום י-ם) 36428-03-16 כהן נ’ חברת בנייה בע”מ – Compensation was awarded for severe dampness in an apartment above, including reimbursement of the cost of repairs and emotional distress.
ת”א (מחוזי י-ם) 1207/09 לוי נ’ חברת בנייה – The court ruled that continuous dampness constitutes a fundamental breach of the sales agreement.
This ruling strengthens the position of apartment buyers in Jerusalem in dealing with contractors.
Does signing a delivery protocol negate claims of dampness??
not.
The courts rule that:
Humidity is a hidden defect
Signing a delivery protocol is not a waiver of rights.
Late disclosure does not act as a liability for the purchaser.
This claim has been repeatedly rejected in a comma.
Frequently Asked Questions
The contractor claims that the dampness was caused by poor ventilation - is that true?
In most cases, no. Structural dampness is different from condensation, and the burden of proving otherwise lies with the contractor.
More than four years have passed. – Have I lost my rights??
Not necessarily. The date of discovery of the defect and the statute of limitations must be examined.
Is it possible to sue for an apartment from a contractor who has already gone bankrupt??
In some cases – yes, through guarantees, policies or additional parties.
Summary
Moisture defects in a new apartment are not a marginal problem – but a substantial violation of the basic right to a habitable apartment.
If you are dealing with dampness in an apartment in Jerusalem, it is recommended that you seek early legal advice from: Halevi Law Firm in Jerusalem, specializing in representing apartment buyers against contractors and obtaining significant compensation for construction defects.
Taking the right action at the right time can make the difference between years of suffering – and an effective and comprehensive legal solution.
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