What is the applicable warranty period for the paintwork on a building?

To answer the question at hand, it is essential to analyze the legal framework governing guarantees applicable to movable and immovable property.

On January 1, 2022 , Decree-Law No. 84/2021, of October 18 , entitled "Consumer Rights in the Purchase and Sale of Goods, Content and Digital Services ," came into force, establishing the legal regime applicable to warranties for movable and immovable property.

This legislation introduced significant changes, strengthening consumer protection and extending warranty periods in certain cases.

In this context, for a better understanding of the applicable guarantees, it is important to distinguish between the following categories:

1. Warranty applicable to movable property;

2. Guarantee applicable to real estate.

1. WARRANTY FOR MOVABLE GOODS

   
   

Since 2022 , the warranty period for movable goods has been extended from two to three years in case of defects or malfunctions.

During the first two years, the consumer benefits from a legal presumption that any defect detected already existed at the time the goods were delivered.

In the third year, the consumer remains protected, but it may be necessary to demonstrate that the non-compliance does not result from misuse.

In cases where movable goods are sold together with real estate (such as built-in appliances), the three-year warranty also applies.

It is important to point out that, if the item has a defect, the warranty period is suspended from the moment the defect is reported to the seller until the repair or replacement is completed .

2. GUARANTEE OF REAL ESTATE ASSETS

With regard to real estate, the legislation distinguishes between structural and non-structural elements, assigning different warranty periods:

• STRUCTURAL ELEMENTS – 10-year warranty for properties purchased or built after January 1, 2022 .

  Note : For properties acquired before this date, the 5-year period applies.

• NON-STRUCTURAL ELEMENTS – 5-year warranty.

2.1. STRUCTURAL ELEMENTS

Structural elements are considered to be those that compromise the stability and safety of the construction , often being non-visible components, and have a 10-year warranty .

As defined in Regulatory Order No. 9/2014 , issued by the Ministry of Economy , through the Office of the Secretary of State for Infrastructure, Transport and Communications , the Annex relating to point 5 of that same Order establishes the elements to be considered, namely:

• Direct foundations (footings, foundation lintels, foundation slabs, foundation shafts, …);

• Indirect foundations (piles, pile caps, micropiles, …);

• Retaining structures (sheet piles, diaphragm walls, Berlin walls, Munich walls, among others (...);

• Superstructure (columns, slabs, beams, load-bearing walls, …);

• Prestressing systems;

• Elements of the roof structure (purlins, crossbeams…);

• Metal, wood, stone, or mixed structures .

Note: Regarding the acquisition of properties after January 1, 2022 , which benefit from a 10-year warranty period for their structural elements , the following clarification is important:

This regime applies to purchase and sale contracts entered into between a professional and a consumer , provided that the object of those contracts is urban buildings intended for residential purposes .

• Professional: Any individual or legal entity, public or private, acting within the scope of their commercial, industrial, artisanal, or professional activity under contracts covered by this regime.

• Consumer: An individual who, when entering into the contract, is not acting for commercial, industrial, artisanal, or professional purposes , acquiring the property for personal or family use .

For legal purposes, pursuant to Article 2(d) of Decree-Law No. 84/2021 of October 18 , an urban building is considered to be any building incorporated into the land , including the land that serves as its yard. All movable property that is materially and permanently attached to the building is also considered part of the property .

2.2. NON-STRUCTURAL ELEMENTS

Non-structural elements, which are covered by a 5-year warranty , encompass all components of the property that, while not compromising the building's stability, may affect its functionality and comfort. Examples include:

• Weak walls ;

• Insulation and waterproofing (roofs, facades, etc.);

• Finishes and coatings (screeds, paint, tiles, etc.);

• Joinery (doors, windows, etc.);

• Protective elements (fences, guards, gates, etc.);

• Electrical and telecommunications installations ;

• Plumbing and sanitary ware ;

• Fixed kitchen furniture and other built-in equipment .

That is, all types of goods that are not structural, but are part of the dwelling.

3. Consumer Rights and Seller/Builder Obligations

According to the law, if an anomaly or non-conformity is detected within the warranty period , the consumer has the right to demand:

1. Repairing the defect at no additional cost;

2. Replacement of the item , if repair is not possible or reasonable;

3. A proportional price reduction ;

4. The termination of the contract is possible , unless such a solution is disproportionate to the defect found.

Therefore, if a problem arises within the warranty period, the consumer may choose any of the solutions above, unless such a request is manifestly abusive or impossible.

The repair or replacement of the goods must occur within a reasonable timeframe and without significant inconvenience to the consumer , considering the nature and complexity of the nonconformity.

4. REPORTING DEFECTS AND DEADLINES FOR COMPLAINTS

One of the most significant changes introduced by the Decree-Law was the elimination of the obligation to report the defect within one year of its detection. Currently, it is sufficient for the consumer to notify the defect within the warranty period .

However, it is recommended that you do so as quickly as possible , since this facilitates proof that the anomaly is not due to misuse, speeding up the resolution of the problem.

If the situation cannot be resolved out of court with the seller or builder, the consumer can resort to legal action to demand repair of the property.

To do so, you must file the lawsuit within 3 years from the date you reported the defect to the seller . After this period, the party responsible for the warranty is no longer obligated to make any repairs.

5. APPLICABILITY TO NEW AND USED PROPERTIES AND CONSTRUCTION PROJECTS

It is also important to highlight that the guarantee provided for in the law covers not only new properties, but also used properties , provided that it is possible to demonstrate the existence of hidden defects or flaws.

Furthermore, this regime also applies to goods and services supplied within the scope of construction contracts , ensuring that consumers are protected against problems in the execution of the work.

Therefore, it can be concluded that:

• The warranty period applicable to painting work on buildings, under Decree-Law No. 84/2021 of October 18 , is 5 years , since it is a non-structural element ;

• Since this period has already expired, the Contractor cannot be required to repair any defects or deterioration found .

This article, written by Carina de Sousa Mealha , is intended exclusively for legal dissemination and general clarification purposes. Reproduction, in whole or in part, of this content is expressly prohibited without proper attribution and citation of the source.

© Carina de Sousa Mealha — All rights reserved.