Contents
Discovering water infiltration, structural cracking, defective waterproofing or another serious problem after completion does not automatically mean the buyer has no remedy.
The legal route depends heavily on who sold the property, what was promised, when the defect appeared and what evidence exists.
A professional-to-consumer sale can fall under a different regime from a private sale between individuals.
Preserve the evidence first
Before repairs destroy the evidence, keep dated photographs and video, technical reports, invoices, seller communications, purchase documents, specifications and relevant condominium records.
For serious defects, technical evidence can determine the legal strategy.
Professional seller to consumer
Decree-Law 84/2021 contains a specific consumer regime for lack of conformity in immovable property.
Where it applies, the professional is responsible for lack of conformity that manifests within:
- 10 years for structural construction elements;
- 5 years for other lack of conformity.
The consumer can have rights including restoration of conformity, proportional price reduction or termination, subject to the statutory conditions.
The action period also needs to be managed after the defect is communicated.
Private seller
A purchase from a private individual is not automatically governed by the same consumer regime.
The Civil Code rules on defective sales can become relevant instead.
Those rules address defects that reduce value, prevent the intended use or mean the property lacks qualities assured by the seller or necessary for its normal purpose.
Deadlines and remedies differ, so seller status must be identified early.
Need help with this?
Our legal team handles this process end to end. Get a clear assessment and a concrete plan.
Assess my property defect claimDeveloper warranty versus resale
A newly built property sold by a professional developer to a consumer is the clearest context for the statutory consumer conformity regime.
A resale by a private owner requires a different analysis.
Do not quote a 5-year or 10-year guarantee without first checking whether that legal regime applies to the transaction.
Common parts of a condominium
A defect inside one apartment can originate from a roof, façade, terrace or another common part.
The condominium may therefore need to be involved.
Identify the physical source and legal responsibility before demanding repairs from the wrong party.
Written notice
A written defect notice should identify the problem clearly and preserve evidence of when the seller or professional was informed.
Do not wait indefinitely while discussing the problem informally by phone.
How THE-Ö can help
We can classify the transaction, review the evidence, coordinate technical reports and identify the correct claim against the seller, developer or other responsible party.
Found a serious defect after buying property in Portugal?
Send us the purchase documents, photographs, technical reports if available and your communications with the seller or developer.