A snagging inspection on a Portuguese new build is the technical survey carried out before you accept the keys and sign the escritura. It documents every defect against the Ficha Técnica da Habitação and the developer's specification, while you still have leverage. Without this written record, you keep the property as built, and any subsequent repair runs through Decreto-Lei n.º 84/2021, de 18 de outubro (DL 84/2021) and Código Civil Art. 1225. Both regimes give you rights. Neither replaces the documented evidence a snagging inspection produces. InspectOS runs independent pre-handover surveys for buyers across Portugal, with the defect list delivered as a developer-ready document.
A Portuguese new build comes with two warranty regimes running in parallel. DL 84/2021 gives the consumer a 10-year warranty on structural elements and 5 years on non-structural elements (DL 84/2021, Art. 12). Código Civil Art. 1225 gives the builder five years of liability from delivery for any building destined for long duration, transferable to a third-party acquirer under Art. 1225(4). Both regimes require the buyer to communicate the defect in writing. Both require court action within strict windows. Neither helps you if you accept the keys, sign the escritura, and only later notice the bathroom door rubs the tile or the kitchen socket is dead.
This guide covers what a snagging inspection is, what the law says, when to book it, what gets found in Portuguese new builds, and how to use the report to get repairs done without a lawsuit.
What is a snagging inspection on a Portuguese new build?
A snagging inspection is the structured pre-handover survey of a new build property. The inspector documents every defect against the developer's specification, the Ficha Técnica da Habitação, and the applicable construction standards.
A snagging inspection produces a single deliverable: a defect list, photographed, located, and categorised by severity and warranty regime. The list goes to the developer in writing, with a copy retained by the buyer. Anything documented before handover becomes part of the developer's pre-acceptance obligations under the contrato de compra e venda. Anything missed becomes a post-handover warranty claim, which is slower, more contested, and dependent on proving the defect existed at delivery.
The English term "snagging" maps to vistoria de obra nova or vistoria pré-entrega in Portuguese practice. The legal substance is the same in either language. The developer or seller hands over a property described in a contract and a Ficha Técnica da Habitação. The buyer documents anything that does not match. The dispute, if any, runs from there.
InspectOS runs snagging inspections as an independent third-party service. The inspector is registered with the Ordem dos Engenheiros and works to a written scope. The developer's own quality team may also do an internal snag, which serves the developer. The independent snag serves the buyer.
What does Portuguese law say about new build defects?
Two regimes apply in parallel: Decreto-Lei n.º 84/2021 for consumer purchases and Código Civil Art. 1225 for the builder's empreitada obligations. Both run from delivery, not from the escritura.
DL 84/2021 (1 January 2022 onward)
Decreto-Lei n.º 84/2021, de 18 de outubro entered into force on 1 January 2022. It transposed EU Directives 2019/770 and 2019/771 and reformed the consumer warranty regime for habitation property sold by a professional to a consumer. The Diário da República text sets two warranty periods (DL 84/2021):
- 10 years for non-conformities affecting structural construction elements
- 5 years for all other non-conformities The 10-year period covers foundations, columns, beams, slabs, load-bearing walls, and the roof structure. The 5-year period covers finishes, plumbing, electrical installations, joinery, sanitary ware, waterproofing layers, and acoustic and thermal performance against the Ficha Técnica da Habitação.
Both periods run from delivery (entrega), not from the escritura. For an off-plan purchase where the buyer signs an early contract but takes the keys later, the warranty starts on the day of keys handover (Deco Proteste, "Como reclamar de defeitos na casa nova", 2025).
The buyer's available remedies under DL 84/2021 are: free repair, replacement, proportional price reduction, or contract resolution. The 1-year denúncia limit from the old regime was eliminated. The buyer must still act in writing, and the action against the seller must be brought within 3 years of the defect communication.
Código Civil Art. 1225
The 1225 regime predates DL 84/2021 and continues to apply where the contract is structured as a construction contract (empreitada). The text says that if the building or other immovable destined for long duration ruins, partially ruins, or shows defects within five years of delivery, the builder is liable to the owner or to a third-party acquirer (Código Civil, Art. 1225(1)). The denúncia must be made within one year of detection and the action within the year following the denúncia (Art. 1225(2)).
In practice, the two regimes overlap. A buyer of a habitation new build from a promoter who built the unit has rights under both. DL 84/2021 gives the longer 10-year structural window and the modernised remedy set. Art. 1225 lets the buyer pursue the empreiteiro as a separate legal entity if the promoter and the builder are distinct. A snagging report supports a claim under either regime, because both require documented evidence that the defect existed at delivery.
What changed with Simplex Urbanístico (DL 10/2024)
Decreto-Lei n.º 10/2024, de 8 de janeiro removed the formal requirement to present the Licença de Utilização and the Ficha Técnica da Habitação at the escritura. The documents remain legally required to exist. The promoter is still obligated to produce and deliver the FTH (Decreto-Lei n.º 68/2004, de 25 de março). The buyer's right to request both documents before signing remains intact. For a full breakdown of the Simplex impact on buyer protection, see the Simplex Urbanístico buyer guide.
The compliance gap is enforcement. Before Simplex, the notary verified both documents. After Simplex, the buyer carries the verification responsibility (RJUE Arts. 98–106 still apply for any unauthorised construction, with fines from €498.80 to €99,759.58 for individuals and up to €249,398.95 for companies).
When should you book a snagging inspection?
The two correct windows are after substantial completion but before the keys handover, and within 30 days of keys handover if the first window is unavailable. Anything after that loses leverage.
The single best time to book is after the developer's internal quality check is complete and before the formal handover meeting. The unit is finished. Power and water are commissioned. Finishes are installed. The developer expects the buyer to walk through and sign acceptance. This is the moment with maximum leverage, because the buyer holds the final payment, the keys have not yet transferred, and the developer wants the escritura on schedule.
Buyers who miss this window have a second opportunity in the first 30 days after handover. Most defects in finishes, plumbing, electrical installations, and acoustic performance become visible during the first occupation. Documented in writing and sent by registered post or email with read receipt, they remain warranty claims under DL 84/2021 with full remedy rights.
Three timing patterns to avoid:
- Inspecting only at the escritura. By that point payment is structured, the deed is being signed, and the developer has already moved on to the next project. Defects raised at the table get verbal promises, not contractual fixes.
- Relying on the developer's own snag. The developer's internal team works for the developer. They snag what their quality system flags, which excludes anything ambiguous, expensive, or out of scope.
- Waiting until you spot the third or fourth issue. Most Portuguese new builds have between 30 and 80 minor defects at handover. Documenting one at a time, six months apart, weakens every individual claim. The CPCV (Contrato Promessa de Compra e Venda) negotiation is the moment to add a clause requiring developer cooperation with an independent pre-handover inspection. For more on CPCV protection, see the pre-CPCV inspection guide.
What does the inspection cover?
A pillar-grade snagging inspection covers the building envelope, MEP installations, finishes, certificates, and conformity with the Ficha Técnica da Habitação. Around 200 checkpoints for a standard apartment.
The InspectOS snagging scope is structured in four layers.
Layer 1: Building envelope and structure. External walls for cracking, settlement, and rendering quality. Window and door frame seals. Balcony slab waterproofing and drainage falls. Roof terrace membrane integrity where accessible. Visible structural elements against the project drawings.
Layer 2: MEP installations and commissioning. Electrical circuits tested under load, RCD (residual current device) trip tested, every socket and switch verified. Gas installation present, certified, and pressure tested in line with Decreto-Lei n.º 97/2017, de 10 de agosto (see the gas inspection guide). Plumbing pressure tested, drains run, traps sealed, hot water response time within specification. HVAC commissioning report cross-checked. Electrical compliance against the Regras Técnicas das Instalações Eléctricas de Baixa Tensão (RTIEBT) per Decreto-Lei n.º 96/2017, de 10 de agosto (see the electrical inspection guide).
Layer 3: Finishes and joinery. Tile lippage, grout consistency, paint coverage, ceiling alignment, skirting joints. Door and cupboard hinge alignment. Window operation under load. Floor levels checked with a 2-metre straight edge. Sanitary ware fixings, drain seals, and silicone joints.
Layer 4: Certificates and documents. The Energy Performance Certificate (Certificado Energético) under DL 101-D/2020 (see the EPC guide). The Ficha Técnica da Habitação under DL 68/2004, verified line by line against the actual installation. The Licença de Utilização, where issued. The gas Boletim de Inspeção. The electrical conformity declaration. Acoustic certification (RRAE) where applicable for the typology.
The deliverable is a written report with photographs, location codes mapped to the floor plan, a severity rating per item, and a recommended remediation route. Buyers use it to negotiate the punch list with the developer, hold final payment in escrow against repair completion, and back any subsequent warranty claim under DL 84/2021 or Art. 1225.
What are the most common new build defects in Portugal?
Portuguese new builds combine modern construction techniques with finish-trade pressure, regional climate stress, and accelerated project timelines. The defect profile is recognisable across most projects.
INE data shows 32.1% of the Portuguese population lived in a dwelling with damp or infiltrations in 2025, rising to 41.8% among those at risk of poverty (INE, Inquérito às Condições de Vida e Rendimento 2025). New builds are not exempt. The defect categories below recur across InspectOS snagging reports from Lisbon, Porto, Cascais, and the Algarve.
Building envelope. Settlement cracks at lintels and corners where the structure has cured. Window seal failures, especially on south and west elevations exposed to thermal expansion. Balcony slope deviations causing standing water. Render delamination at parapet copings.
Waterproofing and moisture. Bathroom waterproofing membranes pierced by tile fixings. Shower trays installed with insufficient fall. Roof terrace drainage outlets blocked with construction debris. Garage and basement infiltration at the structural slab joint. For more on moisture defect remedies under Portuguese hidden defect law, see the moisture inspection guide.
MEP commissioning. Electrical sockets wired without protective earth. RCDs missing on wet area circuits. Gas appliances installed without certificate. Cold water mains valve buried behind fixed cladding. HVAC condensate drains running uphill. Underfloor heating manifolds installed without insulation.
Finishes and joinery. Tile lippage above the 2 mm tolerance. Doors rubbing the floor or frame. Window restrictors missing on apartments above ground floor. Skirting boards installed before the floor screed dried. Paint coverage failing on plasterboard joints.
Acoustic and thermal. Apartment party walls failing the RRAE acoustic criterion when tested. Window glazing specification mismatched with the Ficha Técnica. Insulation gaps at the wall-to-ceiling junction.
Certificate defects. Energy class on the Certificado Energético inconsistent with the as-built specification. FTH listing materials and brands different from those installed on site. Missing Boletim de Inspeção for the gas installation. Missing electrical conformity declaration. For properties near the May 2026 deadline, an under-specified energy class carries growing mortgage and resale implications — the EPBD compliance Portugal 2026 guide covers the renovation obligations that may follow for new-build buyers with low-rated properties.
The Lisbon and Cascais markets show a higher concentration of envelope and acoustic defects, driven by glass façade prevalence and party wall pressure in multi-unit blocks. The Algarve shows more waterproofing and HVAC defects, driven by climate stress and the higher proportion of pool-equipped properties. The Porto market shows more roof and joinery defects, driven by older labour traditions and persistent rainfall during the typical construction season — the property inspection in Porto guide covers the city's full new-build and resale defect profile. For a Lisbon-specific apartment defect profile, see the Lisbon apartment inspection guide. For the structural and seismic dimension, see the structural and seismic inspection guide.
Don't accept the keys without the punch list. The InspectOS Snagging Inspection covers ~200 checkpoints across envelope, MEP, finishes, and certificates, with the defect list delivered in 48 hours and structured for direct developer hand-off. Less than the cost of a single non-conformity remediation after escritura.
→ Book a Snagging Inspection · get a quote at inspectos.pt/en/home-inspections
How does the snagging inspection process work?
The InspectOS process runs from booking through delivery in five steps, with the final report formatted for the developer to action item by item.
Step 1: Scope confirmation. Before the visit, the inspector reviews the Ficha Técnica da Habitação, the project drawings, the contractual specification, and any earlier developer correspondence. This sets the inspection benchmark for material, fixture, and finish conformity.
Step 2: Site inspection. A standard 2-bedroom apartment takes 3 to 4 hours on site. Larger units, villas with pools, and properties with rooftop terraces take 6 to 8 hours. The inspector works through the four-layer scope above, photographs each defect, and records the location against a numbered floor plan.
Step 3: Defect categorisation. Each item is rated by severity: structural and safety-critical (red), warranty-grade non-structural (orange), finish-grade (yellow), cosmetic (green). The category sets the warranty path under DL 84/2021 (10-year vs 5-year), the recommended remediation route, and the urgency of the developer response.
Step 4: Report delivery. The written report is delivered in 48 hours. It includes a summary scorecard, the full defect list with photos and locations, the legal framework per defect category, and a recommended action sequence for the buyer.
Step 5: Developer handover. The buyer sends the report to the developer in writing, by registered post or email with read receipt, requesting a remediation plan. This written communication is the denúncia under both DL 84/2021 and Civil Code Art. 1225. It starts the action limitation clocks and protects the buyer's position.
The InspectOS report is structured so the developer's site manager can work through it without translation. Photos, locations, severity, and reference to the relevant clause of the FTH or the contract. The objective is to get the unit fixed before handover or escritura, not to set up a court case.
What are your rights and remedies under DL 84/2021?
The 2022 reform gives buyers four direct remedies and removed the old 1-year denúncia limit. The action limitation is now 3 years from the date the defect is communicated.
Under Decreto-Lei n.º 84/2021, Art. 15, the consumer can demand any of the following without cost:
- Repair of the defect. The seller or builder must restore conformity within a reasonable period, taking the nature of the defect into account.
- Replacement of the property. Available in principle, though practically constrained for habitation property by the singularity of each unit.
- Proportional price reduction. The price is reduced in proportion to the gap between the property as delivered and the property as contractually specified.
- Resolution of the contract. The contract is terminated and payments reversed, available where the defect is sufficiently serious that repair or replacement is impossible or disproportionate. The seller cannot impose a single remedy on the buyer. The buyer chooses, except where the chosen remedy is objectively impossible or constitutes an abuse of right. The presumption of pre-existing defect runs for the full warranty period for immovable property, not the 2-year window applicable to movable goods (DL 84/2021, Art. 13).
A separate path exists where the property was supplied under a construction contract rather than a sale. Under Código Civil Art. 1221, the owner has the right to elimination of defects and, where elimination is impossible, to reconstruction (Art. 1221(1)). Art. 1222 provides for price reduction or contract resolution where the defect renders the work unfit for purpose.
In both regimes, the buyer must communicate the defect in writing. Verbal complaints to the site manager do not start the clock. A registered letter or email with read receipt does.
What's the role of the Ficha Técnica da Habitação?
The FTH is the contractual specification of the property as built. Snagging inspections benchmark every fixture, finish, and installation against the FTH. Deviations are non-conformities, with developer fines from €2,490 (DL 68/2004).
The Ficha Técnica da Habitação was created by Decreto-Lei n.º 68/2004, de 25 de março for habitation buildings licensed after 30 March 2004. The promoter is legally obligated to produce the FTH and to deliver the original to the buyer. The technician who signed it carries personal contraordenação liability for inaccuracies (IMPIC, "Ficha Técnica da Habitação FAQ").
The FTH contents include: licença de construção number and date, licença de utilização date, property typology and area, promoter and constructor identity, project teams, materials used in foundations, walls, roof, and floors, waterproofing and insulation systems, joinery specifications, electrical and telecommunications installations, water supply and drainage systems, climatisation and ventilation equipment, acoustic and thermal performance data, and the energy class indication.
In a snagging inspection, the FTH is the benchmark. If the FTH says the bathroom is finished with porcelain stoneware Class A and the actual installation is ceramic stoneware Class B, that is a non-conformity. If the FTH says the windows are double-glazed with thermal break and the installation is single-glazed without thermal break, that is a non-conformity. If the FTH says the cooker hood is a specific brand and model and the installation is a different model, that is a non-conformity.
IMPIC enforces FTH compliance. Fines for FTH inaccuracy or non-delivery run from €2,490 to €3,490 for individuals and from €12,470 to €44,890 for companies (Decreto-Lei n.º 68/2004, sanction regime).
The Simplex reform (DL 10/2024) eliminated the requirement to exhibit the FTH at the escritura. It did not eliminate the document, the obligation to produce it, or the buyer's right to demand it. For the full Simplex impact analysis, see the Simplex Urbanístico buyer guide. For documental due diligence, including how the FTH integrates with the four mandatory purchase documents, see the property due diligence guide.
How does retention work and why does it matter?
Holding back 5 to 10 percent of the price for 12 to 24 months gives the buyer financial leverage to enforce defect repair. Without retention, the buyer chases the developer; with retention, the developer chases the buyer.
Portuguese practice does not codify a mandatory retention. The mechanism is contractual. A buyer who negotiates a 5 to 10 percent retention into the CPCV or the escritura terms holds that amount in an escrow account or a developer-acknowledged ring-fenced payment for 12 to 24 months after keys handover. Defects raised during the retention period are deducted from the held amount if not repaired within the agreed window.
The legal warranties under DL 84/2021 and Art. 1225 apply with or without retention. What retention adds is enforcement speed. A developer holding the full price has weak commercial incentive to mobilise after handover. A developer waiting on the final tranche moves faster.
The 5 to 10 percent retention is established practice in the Portuguese construction industry between the dono de obra and the empreiteiro (ObraXRAY, "Garantias na Construção em Portugal", 2026). Buyers who negotiate it into the purchase contract import the same logic into the consumer transaction. Developers often resist. The CPCV negotiation is the moment to push for it, ideally combined with the right to an independent pre-handover inspection.
What happens if the developer disappears or refuses to act?
The legal remedies survive the disappearance of the developer, but recovery from an insolvent or dissolved entity is practically constrained. The defence is verification before contracting.
If the developer responds to the defect notice and proposes repair, the process runs as expected. If the developer refuses or fails to respond, the buyer's path is the julgados de paz for smaller claims or the civil courts for larger ones. The action must be brought within 3 years of the defect communication under DL 84/2021 (Art. 18).
If the developer has dissolved or entered insolvency, the buyer's claim becomes an ordinary credit in the insolvency estate, with low recovery probability. Personal liability of the partners or managers is available only in exceptional circumstances. This is why the pre-contract verification of the developer's financial health and IMPIC registration matters.
Before signing the CPCV, the buyer should verify:
- The developer's IMPIC alvará is valid and unsuspended
- The developer has no pending insolvency processes registered at the Citius portal
- The constructor (if separate from the promoter) is solvent and has comparable references
- The project is registered for the correct typology with the câmara municipal
- The construction work matches the licença de construção The Ordem dos Engenheiros maintains the engineer registry where the technician responsible for the work is verifiable. The Câmara Municipal de Lisboa, Câmara Municipal do Porto, and other local authorities hold the project files. Foreign buyers, in particular, should run this verification before any payment changes hands. For the full foreign buyer process, see the foreign buyer guide.
Frequently Asked Questions
How much does a snagging survey cost in Portugal?
Snagging inspection cost depends on property typology, size, and the distance from the inspector. InspectOS calculates the quote per booking. A standard 2-bedroom apartment runs 3 to 4 hours on site with a 48-hour report turnaround. The cost is consistently less than the price of a single non-conformity remediation after escritura, which is the relevant comparison.
Is a snagging survey worth it?
The test is what it costs you to be wrong. A snagging survey is commissioned in the window between practical completion and the moment you sign the auto de receção, and that signature is the point at which the burden of proof shifts. Before it, an unlisted defect is the developer's to fix. After it, you are arguing that a defect you accepted in writing was not visible at the time. The survey exists to make the list complete while the list still carries weight.
What's the difference between snagging and a pre-purchase inspection?
A pre-purchase inspection covers an existing property at any age, including hidden defects, regulatory compliance, and structural integrity, with the goal of informing the purchase decision before CPCV. A snagging inspection covers a new build at handover, benchmarking the as-built unit against the developer's specification and the FTH. The pre-purchase inspection asks "should I buy this property?". The snagging inspection asks "is this property what I was sold?".
Can the developer refuse to allow an independent snagging survey?
The developer cannot refuse the buyer's right to inspect the property before final acceptance. The CPCV negotiation is where the inspection clause should be inserted to remove any ambiguity. Buyers who did not include such a clause can still access the property by appointment, since the developer's commercial interest is to complete the handover.
How long do I have to report defects in a new build in Portugal?
Under DL 84/2021, structural defects can be reported for 10 years from delivery; non-structural defects for 5 years. The 1-year denúncia limit from the old regime was eliminated. The action against the seller must be brought within 3 years of the defect communication. Under Civil Code Art. 1225, denúncia within 1 year of detection and action within 1 year of denúncia, with overall 5-year warranty.
Does the snagging survey check the gas, electrical and energy certificates?
Yes. The InspectOS scope includes verification of the gas Boletim de Inspeção under DL 97/2017, the electrical conformity declaration under DL 96/2017, the Certificado Energético under DL 101-D/2020, and the Ficha Técnica da Habitação under DL 68/2004. Missing or non-conforming certificates are reported as defects with the relevant legal citation.
What if I find serious defects after I've already moved in?
Document them in writing within 30 days where possible, with photos and dated descriptions. Send the documented defects to the developer by registered post or email with read receipt. The DL 84/2021 warranty runs from delivery for the full 5 or 10-year period regardless of when you noticed the defect, but the presumption of pre-existing defect is stronger the earlier you raise it.
Is a snagging survey different from the developer's internal quality check?
Yes, structurally. The developer's internal team works to the developer's quality system and serves the developer's commercial interest. An independent snagging inspection works to the buyer's contract and the Ficha Técnica da Habitação, with the inspector reporting to the buyer. Both can coexist. Only the independent one gives the buyer evidentiary control.
Can I claim against the developer for defects after the escritura?
Yes. The DL 84/2021 warranty and the Civil Code Art. 1225 warranty both survive the escritura. They run from delivery, which is typically the same date as keys handover and may be before the escritura. The escritura transfers ownership; it does not waive warranty rights.
Conclusion
A Portuguese new build comes with a substantial warranty package under DL 84/2021 and Código Civil Art. 1225, but the buyer carries the evidentiary burden. Defects documented at handover get fixed under the contract. Defects raised later become warranty claims, slower and more contested. The independent snagging inspection produces the documented evidence the law assumes you have.
The InspectOS Snagging Inspection runs ~200 checkpoints across building envelope, MEP installations, finishes, and certificates, with the defect list delivered in 48 hours and structured for direct developer hand-off. Book it in the window between substantial completion and keys handover, while the leverage is still on your side.
→ Book a Snagging Inspection · get a quote at inspectos.pt/en/home-inspections
Updated May 2026 | Reviewed by the InspectOS Engineering Team, Ordem dos Engenheiros licensed | InspectOS Portugal
Sources
- Decreto-Lei n.º 84/2021, de 18 de outubro (Diário da República, transposes Directives EU 2019/770 and 2019/771)
- Código Civil Arts. 1218–1226 (regime de empreitada)
- Decreto-Lei n.º 68/2004, de 25 de março (Ficha Técnica da Habitação)
- Decreto-Lei n.º 10/2024, de 8 de janeiro (Simplex Urbanístico)
- RJUE (Decreto-Lei n.º 555/99, Arts. 98–106)
- Decreto-Lei n.º 97/2017, de 10 de agosto (gás)
- Decreto-Lei n.º 96/2017, de 10 de agosto (electrical)
- Decreto-Lei n.º 101-D/2020 (SCE)
- IMPIC FAQ
- Deco Proteste "Como reclamar de defeitos na casa nova"
- Eurostat housing quality / JN Barbot study
- ObraXRAY "Garantias na Construção em Portugal", 2026