Construction Warranties in Portugal: What the Law Requires and How to Claim

Name: ObraXRAY
Author: ObraXRAY

10 April 20266 min read

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The work is done, everything's been paid, and six months later cracks appear in the walls, the roof starts leaking, or the floor begins lifting. The contractor says "that's normal" or, worse, stops answering the phone. Are you entitled to a warranty? For how long? What can you demand?

The short answer: yes, you have a legal warranty, and the periods are generous. The long answer is in this article.

The legal framework for construction warranties

Construction warranties in Portugal are protected by several complementary legal instruments:

Decreto-Lei n.º 67/2003 (amended by DL 84/2021) — consumer goods sales and associated warranties. Applies to the purchase of new properties and construction contracts with consumers.
Civil Code, articles 1218 to 1226 — construction contract regime. Defines the contractor's obligations regarding construction defects.
Decreto-Lei n.º 84/2021 — transposes EU directives on the sale of goods and digital content, strengthening consumer rights.

In practice, this means that even without a warranty clause in the contract, the law protects you.

Warranty periods: what the law says

10 years — structural defects

For defects related to structural elements (foundations, pillars, beams, slabs, roof structure), the warranty period is 10 years from delivery. This includes:

Structural cracks (not merely cosmetic)
Stability problems
Foundation deficiencies
Collapse or deformation of structural elements

5 years — non-structural defects

For defects in non-structural elements that affect habitability, the period is 5 years. This includes:

Water infiltration and waterproofing problems
Defects in plumbing, electrical, or gas installations
Thermal or acoustic insulation problems
Defects in exterior finishes (facades, roofing)
Drainage system problems

2 years — equipment and finishes

For interior equipment and finishes, the minimum period is 2 years:

Defects in interior flooring
Problems with doors and windows (excluding the insulation component, which is 5 years)
Defects in kitchen and bathroom equipment
Problems with paint and interior finishes

Legal warranty vs. contractual warranty

The legal warranty is established by law and cannot be reduced by contract. Even if the contractor says "our warranty is 1 year," that doesn't eliminate the legal periods. Any contractual clause that reduces warranty periods below the legal minimum is void.

A contractual warranty can add protection beyond what the law already provides, but never reduce it. A good contractor offers contractual warranties that go beyond the legal minimum precisely because they trust the quality of their work.

How to claim construction defects

Step 1: Report the defect in writing

As soon as you detect a defect, communicate it to the contractor in writing (registered letter with return receipt or email with read confirmation). The report must be made within 1 year of discovering the defect. If you miss this deadline, you lose the right to claim, even if you're still within the warranty period.

In your communication, include:

Detailed description of the defect
Dated photographs
Date the defect was discovered
Request for repair within a reasonable timeframe

Step 2: Demand repair

The contractor is obligated to repair defects covered by the warranty at no additional cost. If repair isn't possible or the contractor refuses, you can demand:

Price reduction proportional to the defect
Contract termination if the defect is serious
Compensation for damages caused by the defect

Step 3: Use formal mechanisms if necessary

If the contractor doesn't respond or refuses to repair:

Complaints book (Livro de Reclamações) — all companies are required to have one. The complaint is forwarded to regulatory authorities.
Consumer arbitration centre — faster resolution, generally free for the consumer.
Small claims courts (Julgados de Paz) — for disputes up to €15,000, faster and cheaper than regular courts.
Legal action — for higher amounts or complex situations, with a lawyer's support.

What if the company closes or goes insolvent?

This is the scenario nobody wants to face: serious defects appear, but the company that did the work no longer exists. It closed, was dissolved, or entered insolvency proceedings.

When this happens:

If the company was dissolved, there's nobody to claim from (except in exceptional cases of shareholder liability)
If it's in insolvency proceedings, your claim enters the estate as a common credit, behind the government and employees, with reduced probability of recovering the full amount
If the company simply disappeared (de facto closure without formal dissolution), you can try to hold the directors personally liable, but it's a complex legal process

This is why checking the company's financial health BEFORE hiring is so important. A 10-year warranty is worth nothing if the company won't exist in 2 years.

Check the contractor's financial health on ObraXRAY — in less than 2 minutes, find out if the company can honour long-term warranties.

Practical tips to protect your warranties

Require a written contract — without one, proving the delivery date and agreed conditions is much harder.
Do a formal inspection at delivery — note all visible defects in a handover report. Defects identified at delivery should be corrected before final payment.
Keep all documentation — contract, quotes, emails, photographs of construction at different phases, material invoices, licenses.
Retain 5-10% of the value as guarantee — it's common practice to withhold a percentage of the final payment for 1-2 years to cover defects that only manifest after delivery.
Request the Housing Technical File — for new builds, the builder is required to deliver this document.

Checking before is cheaper than claiming after

Claiming construction defects is an exhausting, time-consuming, and uncertain process. Even when you're legally right, the company may not have the financial capacity to repair. The legal warranty is important, but it doesn't replace prevention.

Before hiring, check if the company has a valid IMPIC license, no court proceedings or insolvencies, clean directors, and up-to-date tax obligations. It takes 2 minutes and can save years of headaches.

Check your contractor for free on ObraXRAY — we run over 13 automated checks from official sources to calculate the company's real risk.

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Important note: this article is informational and does not replace professional legal advice. Legislation and procedures may vary. Always consult a lawyer for specific situations.