Since there is significant lack of clarity regarding the liability derived from the Apartment Sale Law, we saw fit to present a summary of liability for defects.
Defects discovered during construction work may be covered by insurance within the framework of various sections of the all-risk contractor work policy.
Those discovered after occupancy, in most cases, are not eligible for insurance coverage except under rigid conditions to the point of being impossible.
However, the liability derived from the Apartment Sale Law regarding defects in the building, also affects liability for personal injury resulting from these defects under the Civil Wrongs Ordinance.
And here Itzik Simon Agency enters the picture with proper planning of a product liability policy that will provide a solution for claims of this type.
Ministry of Construction and Housing - Apartment Sale Law 5733-1973 has undergone various amendments and changes over the years. (Document at the bottom of the page)
Regarding defects in the apartment, the law serves as a 'compass' that allows sellers and buyers (developers and contractors) regarding the extent of liability for fixing defects and/or monetary compensation to the injured party, as applicable.
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Liability for defects according to the Apartment Sales Law Information that is important to know
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Here's a comprehensive summary of the warranty periods for defects in apartment sale law. It's important to remember that beyond the stated periods, there's a general warranty period of 3 years:
Defects in frames and woodwork products, including aluminum and plastic – two years;
Defects in interior flooring and cladding, including settling and wear – two years;
Failure in performance and durability of machines and boilers – three years;
Defects in yard development, including settling, among other things of paving stones on the ground floor, in parking lots, on sidewalks and paths in the building area, as well as defects in surfaces made of various finishing materials – three years; For this purpose, "yard development" includes paths, surfaces, walls, fences, built components and systems, including water, sewage, drainage, electricity, lighting and communication systems;
Failure in performance and durability of thermal insulation system components – three years;
Failure in piping systems, including water, heating system and gutters, wastewater and sewage – four years; For this purpose, "failure" includes leaks;
Failure in building sealing, including in underground spaces, in walls, ceilings and roofs, including light roofs with covering – four years;
Cracks wider than 1.5 mm in non-load-bearing components – five years;
Detachment, peeling or crumbling of exterior cladding – seven years;
Any other non-conformity that is not a fundamental non-conformity – one year.
In this appendix: "Failure" – partial or complete failure in the performance of the product or system; "Defect" – defect in performance and durability of the product or system, including failure to maintain stability, integrity, quality and appearance, both of each component separately and of the assembly.
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