New build warranty periods in Portugal: DL 84/2021 and Civil Code Art. 1225

DL 84/2021 governs the consumer purchase from a professional. Civil Code Art. 1225 governs the construction contract. A snagging inspection produces evidence usable under both.

Consumer purchase

DL 84/2021

Decreto-Lei n.º 84/2021, Art. 12

10 years

Structural elements. Foundations, columns, beams, slabs, load-bearing walls, roof structure.

5 years

Non-structural elements. Finishes, plumbing, electrical, joinery, sanitary ware, waterproofing, acoustic and thermal performance.

Construction contract

Civil Code Art. 1225

Código Civil, Art. 1225(1)(2)(4)

5 years

Buildings destined for long duration. Builder liable for ruin or defects within 5 years of delivery. Transfers to third-party acquirer.

1 + 1 yr

Action limits. Denúncia within 1 year of detection, court action within 1 year of denúncia.

Warranty period from date of delivery

DL 84/2021 STRUCTURAL · 10 YEARS

DL 84/2021 NON-STRUCTURAL · 5 YEARS

Y10

Action limit under DL 84/2021

The buyer must bring the action within 3 years of the date the defect is communicated (DL 84/2021, Art. 18). The old 1-year denúncia deadline from the prior regime has been eliminated.

Two warranty regimes run in parallel from the day of delivery