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Construction defects · SPD Advocacia

Defects in your new property? The builder is liable for the construction

Leaks, cracks, mold, plumbing and electrical problems, areas smaller than contracted and defects in the building's common areas.

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Straight answer

How long is the builder liable for defects?

Under the Civil Code, the builder is liable for 5 years for the soundness and safety of the construction, and the owner must file suit within 180 days after the defect appears. In consumer relationships, the CDC (Consumer Protection Code) deadlines for complaining about defects also apply, counted from when the defect appears, in addition to the 5-year deadline to claim damages. Courts have accepted longer deadlines for repairs, depending on the case. Ideally, notify the builder as soon as the problem arises and document everything with photos and a technical report.

What the law says

Key points

Soundness and security

The builder's 5-year warranty.

Act fast

Give notice as soon as the defect appears.

Evidence

Photos, videos and an engineer's report.

Condominium

Defects in common areas, through the building manager.

Source: Civil Code, art. 618; Consumer Protection Code, arts. 12, 18, 26 and 27.

What is your case?

Situations the firm handles

Leaks and mold

Damp and leaks

Repair and compensation.

CDC, art. 18
Cracks

Risk to the structure

Warranty of soundness and safety.

Civil Code, art. 618
Electrical and plumbing

Defective installations

Repairs and damage caused.

CDC, art. 18
Smaller area

Different floor area

Price reduction.

Case review
Common areas

Building defects

Lawsuit by the condominium against the builder.

Case review
Property damage

Damaged furniture

Compensation for the losses.

CDC, art. 12
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We review the documents and the best path, administrative or judicial.
  2. Documents. We tell you what is missing and organize the evidence.
  3. Request. Request, notice or lawsuit, with an urgent request when appropriate.
  4. Follow-up. Progress through to resolution, with updates via WhatsApp.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Can the builder refuse to make repairs?

It can try, but it is liable for the defects. A refusal may lead to a lawsuit with an expert review.

Do I need a medical report?

It helps a lot. In the lawsuit, the judge usually appoints an expert.

I bought from a previous owner. Can I claim against the builder?

In many cases, yes, depending on the defect and the deadline.

Can the condominium claim for the building's defects?

Yes, through the building manager, with approval from the owners' meeting when necessary.

Do you serve clients from other states?

Yes. The firm is based in Anápolis-GO and serves clients from every state online.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.