Hidden defects in property after purchase: How to make a complaint in Portugal
Learn how to handle hidden defects in Portuguese property, with guidance on buyer rights, legal deadlines, and dealing with sellers.
Buying property in Portugal is an exciting step, but it’s important to be aware of the legal protections in place. Recent insights highlight how buyers are safeguarded against hidden defects that may not be visible at the time of purchase. While the law offers clear rights, there are specific timeframes to act, making careful due diligence and professional guidance key to a smooth and secure investment.
Have you bought a house and, some time later, started to notice leaks, cracks in the walls or issues with the electrical system? You could be dealing with hidden defects in the property. These are problems that already existed before the purchase but weren’t detectable during a standard inspection.
Discovering them can be frustrating and may lead to unexpected expenses. The good news is that there’s no need to panic — Portuguese law offers protection to buyers.
What are hidden defects in real estate?
Hidden defects are construction, installation or structural problems that were already present when the property was purchased but could not be identified during a normal inspection.
Unlike apparent defects, such as chipped paint or broken tiles, hidden defects usually only come to light after the property has been lived in. They may appear weeks, months or even years later. Common examples include:
- Water infiltration or damp that appears after heavy rain
- Cracks in walls, ceilings or floors
- Faults in the electrical system
- Plumbing issues
- Poorly fitted doors and windows
- Pest infestations
- Inadequate thermal or acoustic insulation
If these issues existed before the sale, it is possible to hold the seller or the builder legally responsible.
Can hidden defects affect external areas?
Hidden defects are not limited to the interior of the property — they can also affect external elements. Typical examples include structural cracks in façades, roof leaks, problems with balcony waterproofing, and failures in thermal or acoustic insulation.
Even pest problems, such as a cockroach infestation identified in exterior areas, may qualify as hidden defects if they were already present at the time of purchase.
How to proceed when faced with hidden defects in a property
If you discover hidden defects in your home, it’s important to act without delay. Taking the right steps early on can make all the difference.
1. Gather solid evidence
Start by documenting everything. Take clear photos and videos of the defects, record which areas are affected and keep notes showing how the problem develops over time.
- It’s also advisable to request a technical report from a civil engineer or construction specialist. This kind of expert assessment can significantly strengthen your position if you need to make a claim.
2. Formally notify the seller or builder
The responsible party must be informed in writing. This should be done by registered letter with acknowledgement of receipt or by email with a read confirmation.
- In your notification, clearly describe the defects, state when they were first identified, specify the affected areas and set a reasonable deadline for repairs.
3. Attempt to reach an agreement
If the seller or builder accepts responsibility, it is often possible to resolve the matter without going to court. Solutions may include repairing the defects at no cost, replacing damaged components or agreeing on a reduction in the purchase price.
- Always request written confirmation of any agreement, including clear deadlines for carrying out the repairs.
4. Seek legal advice if necessary
If the responsible party refuses to act, consulting a lawyer who specialises in property law may be necessary.
- In more serious situations, a court can order the defects to be repaired, award compensation, or even terminate the contract.
Under Portuguese law, buyers are protected in cases involving hidden defects. Articles 913 to 922 of the Civil Code allow the buyer to request repairs, a reduction in the purchase price or, in certain cases, cancellation of the sale.
How long do I have to claim hidden defects?
If you discover hidden defects in your home, you should notify the seller within one year of becoming aware of the issue. This deadline is crucial — if you miss it, you may lose the right to take action.
After formally reporting the defect, you then have six months to file a lawsuit if the matter is not resolved amicably.
For newly built properties purchased from a developer or construction company, additional protection may apply. In particular, structural defects can be covered by construction warranties of up to 10 years, depending on the nature of the problem.
What are the buyer's rights?
Although it’s impossible to eliminate every risk when buying a property, Portuguese law gives buyers clear rights if hidden defects are discovered. If a defect already existed at the time of purchase and was not visible during a normal inspection, the buyer may:
- Request that the defect be repaired at no cost
- Ask for a reduction in the purchase price
- In more serious cases, seek cancellation of the contract
- Claim compensation if there are additional damages or losses
These rights apply provided the legal deadlines for reporting and taking action are respected.
How to reduce the risk before buying
While the law offers protection, prevention is always better. To minimise the risk of buying a house with hidden defects, it’s wise to take a few precautions before signing the contract:
- Check the reputation of the builder or developer
- Review the property’s records at the Land Registry Office
- Commission an independent technical inspection
- Carefully examine the electrical, plumbing and structural elements
- Verify that all licences are in place and review the property’s construction history
Copyrights: - Idealista
