If my new Israeli apartment has construction defects, how long is the developer liable to fix them?

Cracks appear along a wall eighteen months after handover, the developer says the warranty ran out, and the overseas owner assumes that is the end of it. It usually is not. Israeli law fixes the developer's liability for construction defects by statute, not by whatever the sale contract happens to say, and those statutory periods run much longer than most buyers expect.

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Detailed Explanation

The governing law is the Sale (Apartments) Law 1973 (Chok HaMecher (Dirot)). It splits the developer's liability into two stages. First comes the inspection period (tekufat bedek), whose length depends on the type of defect: roughly one year for installations and finishes such as plumbing fixtures and paint, two years for items like flooring, tiling, and carpentry, four years for sealing, damp, and drainage failures, and up to seven years for structural defects in foundations and load-bearing elements. After each inspection period ends, a further warranty period (tekufat achrayut) of three years applies to the same defect.

The distinction between the two stages is about who has to prove what. During the inspection period, if a covered defect appears, the law presumes it is the developer's responsibility and the developer must prove otherwise, for example that the damage came from the owner's misuse. During the warranty period the presumption flips: the owner must show the defect stems from faulty design, materials, or workmanship rather than ordinary wear or their own actions. That is why acting inside the inspection window is worth so much more than acting a year later.

What a developer cannot do is shrink these protections. The Sale (Apartments) Law is cogent legislation, meaning a clause in the purchase agreement (heskem mecher) that shortens an inspection period, narrows the list of covered defects, or asks the buyer to waive their rights is simply void, even if the buyer signed it. Developers regularly insert such clauses anyway, banking on buyers not knowing the law overrides them. The same statute also requires the developer to hand over a defects specification and to give the buyer a genuine opportunity to inspect and report problems.

For a non-resident owner the practical challenge is not the law, it is proximity. Defects have to be reported in writing, and a developer is entitled to a reasonable chance to repair before the owner brings in someone else and bills for it. From abroad that means arranging an inspection, ideally by an independent building surveyor (mhandes bdika) whose report both documents the defect and starts the clock on the developer's duty to fix it. Written notice by email or registered letter, kept on file, is what preserves the claim. Owners who buy new build should read the protections around deposits and delivery in our guide to buying off-plan property in Israel as a non-resident, because the defect regime sits alongside the payment guarantees there.

In Practice: Under the Sale (Apartments) Law 1973, structural defects carry an inspection period of up to seven years plus a three-year warranty, and during the inspection period the developer bears the burden of proof. A contract clause purporting to shorten this is void. An independent surveyor's inspection report typically costs NIS 1,500 to 4,000, and where the developer refuses to repair, a claim in the Magistrate's Court or before the relevant forum generally takes 12 to 24 months, with a surveyor's report the single most important piece of evidence.

Key Considerations

• The Sale (Apartments) Law 1973 sets inspection periods of 1 to 7 years by defect type, then a further 3-year warranty.
• Structural and foundation defects carry the longest protection, up to seven years before the warranty stage even begins.
• Inside the inspection period the developer must disprove responsibility; after it, the owner must prove the defect is the developer's fault.
• The law is cogent, so a contract clause shortening the periods or waiving rights is void.
• Report defects in writing and give the developer a chance to repair before hiring your own contractor and claiming the cost.

When to Consult a Lawyer

This question typically requires professional legal advice when:

• The developer refuses to repair or claims the defect period has expired when the statutory period has not.
• Your purchase contract contains clauses that appear to shorten the inspection or warranty periods.
• A structural defect has appeared and you need a surveyor's report and a claim prepared while you are outside Israel.

A qualified Israeli attorney should review your contract and the surveyor's findings before you accept a developer's refusal, because the statutory periods override what the contract says.

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Speak With an Israeli Attorney

We act for overseas owners of new Israeli apartments, arranging independent defect inspections, serving the developer with proper written notice, and enforcing the Sale (Apartments) Law protections in court where a builder refuses to repair.

Contact us for a confidential consultation about your Israeli property.