Property Litigation · Legal briefing
Construction Defects & Developer Notices
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
After moving in, you discover cracks, defective waterproofing and drainage problems. A year of telephone complaints ends with a claim that cover has expired.
The legal position
The Sale (Apartments) Law distinguishes defect-specific inspection periods, generally one to seven years, from a subsequent three-year warranty period and additional rules for fundamental non-conformity. Evidential burdens differ. Section 4A addresses notice: discoverable handover defects require notice within a year; others require reasonable notice after discovery. Section 4B governs a proper repair opportunity and exceptions. Buyer-led repair or compensation should not be assumed without examining these conditions. Official source 1
Your next step
Keep the handover record, photographs, notices and responses. Obtain an expert assessment distinguishing defect types. Before independent repairs or proceedings, review the applicable periods and the developer’s opportunity to remedy.
