New rules on how the guarantee of a property works

04 Feb 2022 min de leitura

With the aim of providing greater protection to consumers, the new rules on the guarantee periods for movable and immovable property came into force from 1 January 2022. The guarantee period for a property may be extended up to 10 years, in certain situations. In the case of movable property, the warranty period was extended from two to three years.

These new rules are set out in law-decree n.º 84/2021. They transpose into Portuguese legislation two European directives related to consumer rights in the purchase and sale of goods. In the specific case of real estate, the extended warranty from five to ten years is only in certain circumstances, such as defects that affect structural building elements, such as, for example, problems related to the roof. For other types of non-compliance, the warranty is valid for a period of five years.

When there is a lack of conformity of a home, what are the consumer´s rights?

Assuming that the property is still covered by the guarantee, what is mentioned in law-decree n.º 84/2021 regarding the new guarantee rules is that “the consumer has the right to «reset the conformity», through (i) repair or replacement of the good, (ii) price reduction and (iii) termination of the contract", and can activate any of these three options.

Another novelty is that there is no longer a deadline to communicate or denounce the defect of an immovable property after its detection.

What situations are considered non-conformity of immovable property?

However, the legislation is clear on what is considered a situation of non-compliance of immovable property. It states that “the professional has the duty to deliver to the consumer the real estate that is in accordance with the purchase and sale contract and that present quality, safety, habitability, environmental protection and functionality characteristics.”

The non-conformity of an immovable property occurs when we are faced with one of the following situations: (i) when the consumer is presented with a description made by a professional or the quality of the property that the professional has presented does not correspond; (ii) when the properties are not suitable for the specific use for which the consumer intends them, provided that the professional has been informed of such use at the time of conclusion of the contract and has accepted it; (iii) when they are not suitable for the use normally given to goods of the same type; (iv) when they do not present the qualities and performance usual in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements about its specific characteristics made by the trader, the producer or the its representative, namely in advertising.

In case of doubt about the new rules regarding the guarantee of a property, seek the support of a real estate professional. Quali has a specialized team that can help you answer questions and guide you through the home buying process.

Source: law-decree n.º 84/2021