Defects After Transfer — How to Claim Repairs From the Developer Under the 5-Year Structural Warranty

The first six months to two years after taking a new home are when construction problems surface. The year's first rains reveal leaks at the roof and window edges; settling ground cracks the surrounds; badly installed pumps or wiring start failing. Many owners don't know how far they can require the developer to repair, or report verbally and the matter quietly dies. This guide explains buyers' rights and an effective claims process.

Legal Rights: What Developers Must Cover

Selling houses with land and selling condominium units are controlled-contract businesses under consumer protection law, which requires contracts to include defect liability. Standard contracts typically provide:

Part	Typical warranty (house with land)	Typical warranty (condo unit)
Structure: piles, foundations, columns, beams, slabs, roof frame, load-bearing walls	5 years from transfer	5 years from transfer
Fixtures and fittings: fences, walls, doors, windows, electrics, plumbing, sanitaryware	1 year from transfer	2 years from transfer

Actual periods depend on each project's contract, which may exceed the minimum; keep the agreement to sell, the sale contract and manufacturers' warranties together. Beyond the contract, the Civil and Commercial Code makes sellers liable for defects existing at the time of sale, with claims to be brought within one year of discovering the defect.

What's Claimable and What's Contested

Defects from construction or developer-installed materials — roof leaks, wall cracks from structural settlement, leaking pipes in walls, lifting floor tiles, swollen frames — are the developer's responsibility. Disputes usually concern misuse, owner alterations and normal wear. Careless alterations can void related warranty cover — drilling the roof for solar panels that then leaks, or a kitchen extension tied into the house structure — so check the contract before altering during the warranty period.

An Effective Claims Process

1. Record evidence immediately — dated photos and video, crack measurements, leak times; repeat the same shots periodically to show progression.
2. Notify in writing — email or letter to after-sales service with the house number, the problem and a request for repair within a reasonable time; keep proof of sending. Chat or phone alone is hard to prove.
3. Arrange a joint inspection and get a reference — have the developer inspect, record findings and the agreed fix, and set a start date.
4. Test the repair — e.g. hose-test a fixed leak; if it persists, re-notify in writing at once.
5. Complain if ignored — if there is no response in reasonable time, file with the Office of the Consumer Protection Board (OCPB) with all evidence.
6. File a consumer case as a last resort — consumer cases can be filed without upfront court fees, even orally, and court officers assist with mediation.

Mistakes That Weaken Claims

The most common is waiting too long — dismissing a crack as minor until the fittings warranty lapses or the problem spreads and its cause becomes hard to prove. Second, repairing it yourself before notifying, destroying evidence and inviting a denial. Third, notifying only verbally. Fourth, signing a repair-completed form before testing.

Condos: Inside the Unit vs Common Property

Defects inside a unit are between the owner and the developer. Defects in common property — external walls, lifts, fire systems — are for the juristic person to pursue. Before the developer hands common property to the juristic person, co-owners should push for an independent engineer's inspection and a defect list the developer must fix before handover.

FAQ

Can I still claim after the warranty expires?

Structural defects within five years remain claimable. For defects present at handover but only recently discovered, the Civil Code may offer a route, exercisable within one year of discovery — take advice case by case.

Buying second-hand from the first owner — does the structural warranty carry over?

Contract rights attach to the original buyer; transfer to a new buyer depends on the developer's terms. Ask the developer and have the seller assign rights or hand over warranty documents before transfer.

Is an independent engineer worth hiring?

Yes for structural issues or when the developer denies responsibility. A licensed engineer's report carries great weight in negotiation, complaints and court.

Conclusion

New-home buyers' rights are clearly protected, but they only work when used systematically: record evidence, notify in writing, follow up until repairs pass testing, and don't hesitate to complain when ignored. Read the pre-transfer inspection checklist and more buyer-rights guides on the MyProperty blog.