The responsibility of the builder and real estate developer in Portugal is distinct, reflecting the different roles each plays in the process of construction and sale of properties. Here is an explanation of each one’s responsibilities and who should be complained to in case of construction defects:
Builder’s Responsibilities
-
Work Execution:
The builder is responsible for executing the work according to approved projects and applicable technical norms. They must ensure that construction is carried out with adequate materials and that the work achieves the expected result in terms of functionality and safety.
-
Construction Guarantee:
According to the Civil Code, the builder is responsible for construction defects during a period of five years after work delivery. This responsibility includes both apparent and hidden defects.
-
Civil Liability:
The builder is civilly liable for any damages caused by construction defects, and must repair defects or compensate affected owners.
Real Estate Developer’s Responsibilities
-
Project Development:
The real estate developer is responsible for the entire real estate project development process, from land acquisition to property commercialization. This includes coordinating all participants in the construction process, such as architects and engineers.
-
Legal Compliance and Documentation:
The developer must ensure that all legal documents, such as the Housing Technical Sheet, are in compliance with legislation and accurately reflect what was executed.
-
Final Product Guarantee:
Although the developer does not execute construction, they are responsible for ensuring that the final product meets expectations and legal requirements, also being responsible for any non-conformities.
Who to Complain to About Construction Defects
-
Builder:
If defects are related to work execution, such as structural or finishing problems, the complaint should be directed to the builder. It is advisable to send a registered letter with acknowledgment of receipt, describing the defects and requesting their correction.
-
Real Estate Developer:
If defects involve issues related to documentation, such as the Housing Technical Sheet, or if there are failures in project coordination, the complaint should be directed to the real estate developer.
In any case, it is important to act within the warranty period and, if necessary, consider the possibility of seeking legal advice to ensure that your rights are protected and that responsibilities are properly assigned.