Construction Defects in New Apartments: Buyer Rights and What to Do

You purchased a new apartment from a contractor, received the keys, and over time discovered defects, cracks, dampness, or other problems? You are not alone. Construction defects in new apartments are a widespread phenomenon, but Israeli law protects you and obligates the contractor to remedy all defects at no cost. Lev-Taieb Law Firm, with 19 years of experience in construction defects and a Thousands of successful cases, is here to help you enforce your rights in full.

The Sale Law (Apartments) and Inspection Periods

The Sale Law (Apartments), 5733-1973, is the central legal framework protecting new apartment buyers. The law sets mandatory inspection periods according to defect type, during which the contractor must remedy any discovered defect.

Mandatory inspection periods under the law:

• Installation including plumbing, sewage and sanitation systems: one year
• Flooring, tiles, wall cladding: two years
• Waterproofing and tile work: two years
• Sealing of roofs, flat roofs and storage areas: three years
• Residential safety room (mamad): three years
• Installation and sanitary systems: four years
• Foundation and load-bearing walls: seven years
• General construction defects: three years

How to Notify the Contractor of Defects

Notice must be in writing — send a registered letter with acknowledgment of receipt or an email with a read receipt. Describe each defect precisely with location, nature and date first observed. Attach clear photographs. Request written confirmation from the contractor within a reasonable timeline; the contractor typically has 45 days to perform repairs. Do not agree to partial repairs that conceal the root problem.

Expert Engineer Opinion: The Key Tool in Your Claim

A professional expert opinion from a licensed engineer documents all defects, classifies them by type and severity, and estimates the cost of remedy — forming the objective basis for any court or mediation process. Lev-Taieb Law Firm works with well-known experts whose opinions are accepted in court.

What to Do When the Contractor Refuses to Remedy

Options include: self-remedy and billing the contractor (documenting all costs); filing a court claim for monetary compensation, diminution in value, emotional distress and legal costs; submitting to agreed arbitration; or petitioning the Israel Land Authority where applicable.

Treatment Process at Lev-Taieb Law Firm

Free initial consultation → professional engineer opinion → formal demand letter to contractor → negotiation → court or arbitration filing if necessary. We represent you at every stage.

Frequently Asked Questions

Is there a time limit for filing a construction defect claim?

The limitation period is seven years from the apartment handover date. Act promptly — evidence deteriorates over time.

Must I allow the contractor to remedy before filing a claim?

Yes, give the contractor an opportunity first. If the contractor refuses, delays without reason, or performs sham repairs, you may then claim monetary compensation.

What does an engineer’s expert opinion cost?

Generally NIS 2,000–8,000 depending on apartment size and defect complexity. This cost is claimable from the contractor as part of your damages.

Contact Lev-Taieb Law Firm

If you have discovered construction defects in your new apartment, do not wait. Contact Lev-Taieb Law Firm for a free consultation: 072-2428822. With 19 years of experience and a Thousands of successful cases, we are here to ensure you receive the full compensation you deserve.

More information: Construction Defects Lawyer.