After buying a new home, consumers often report unpleasant situations, such as cracks in the walls, tiles and mosaics, defects in sanitary installations, and warped doors and floors. Faced with these unpleasant surprises, consumers should invoke the guarantee which, as mentioned, covers walls, ceilings, plumbing and other structural parts of the property.

The characteristics of the property must be described in the home's technical data sheet, as it was at the time of purchase. If there is a lack of conformity, the consumer has the right to have this problem sorted free of charge, either by repair, replacement or even a reduction in price or termination of the contract.

How should the consumer make use of the guarantee?

With this new law, the consumer doesn’t need to report the defect within a certain period of time after becoming aware of the defect. The communication must be made by registered letter or e-mail with a reading receipt, to safeguard the consumer or any other means susceptible to proof. If you are aware of a defect at the time of purchase, you must report it and set a deadline for the seller to repair it.

Once you have reported the defect, if the seller does not respond or does not take any action, the consumer must go to the justice of the peace or to court. The action must be brought before the end of a period of three years from the date of notification of the defect because after this period the seller is released from his obligation to remedy the defects in question.


Paula Martins is a fully qualified journalist, who finds writing a means of self-expression. She studied Journalism and Communication at University of Coimbra and recently Law in the Algarve. Press card: 8252

Paula Martins