In brief
In Romania, liability for construction defects is divided between two parties. Under the Civil Code, the seller is liable for a hidden defect that appears within 3 years of handover, unless a longer period was agreed. Under the new construction code (Law 169/2026), designers, contractors and site supervisors are liable for hidden defects discovered within 10 years of acceptance of the building, and for structural defects for the entire life of the building.
Key takeaways
- 1Romania has no dedicated law on the sale of apartments. Liability derives from the Civil Code and the construction code, and each is addressed to a different party.
- 2Against the seller: a hidden defect in a building must appear within 3 years of handover or of final acceptance (Article 2531 of the Civil Code).
- 3Against the builders: 10 years from acceptance of the building for hidden defects, and the entire life of the building for structural defects resulting from a breach of standards (Law 169/2026, Articles 424 and 451).
- 4Late notice to the seller may deprive you of the right to seek rescission of the sale (Article 1709). Document and give notice in writing, quickly.
- 5The limitation period for bringing a claim is usually 3 years, and for a hidden defect it usually runs from the day of discovery.
The handover report captures what is visible to the eye: a cracked tile, a window that does not lock, a crooked door. The truly expensive problems usually appear later, when the first winter exposes damp, when a crack lengthens in the third year, or when the roof waterproofing stops working after a few years. This guide focuses on the period after you receive the keys: whom to approach, by when, and how not to lose rights along the way.
You have discovered a defect in a new home in Romania: what do you do first?
Before working out whom to sue, preserve the evidence and your rights. These five steps apply to almost every defect:
- Full documentation. Take dated photographs and videos, and record measurements. For damp, photograph again over several days to show its progression.
- A letter to the seller without delay. Article 1709 of the Civil Code requires notice "within a reasonable time". A buyer who delays loses the option of seeking rescission of the transaction, unless the seller knowingly concealed the defect.
- Approach all the parties involved. Alongside the letter to the developer, ask it for the identity of the contractor and the designer as they appear in the cartea tehnică, the building's technical book.
- An engineering opinion that explains what caused the defect. If the matter reaches court, the court may appoint its own expert.
- Repair only after documentation. Whoever repairs too quickly destroys the evidence.
Against the seller: a hidden defect in a building must appear within 3 years of handover or of final acceptance (Article 2531 of the Civil Code).
How does a contractor's liability in Romania differ from Israel?
In Israel the buyer relies on the Sale (Apartments) Law: an inspection period that varies according to the type of defect, followed by three years of warranty, and the address is the contractor who sold the apartment.
In Romania the law has not created a specific regime for new apartments. Instead, two sources operate, each pointing to a different party and running its own clock:
| Source | On whom it imposes liability | Note |
|---|---|---|
| The Civil Code | On the seller | Applies to every sale transaction |
| The Code of Spatial Planning, Urbanism and Construction (Law 169/2026) | On designers, contractors and site supervisors | In force from 25 August 2026, and on this subject it replaced Law 10/1995 on quality in construction |
A buyer who knows both routes in advance saves valuable time when a problem appears.
How long do you have to give notice and to sue for each type of defect?
| Situation | Example | Against whom | Period | Legal basis |
|---|---|---|---|---|
| Apparent defect on the day of handover | Broken tile, window that does not close | The developer | Recorded in the handover report | The contract and the handover report |
| Hidden defect in a building | Damp under the flooring | The seller | Must appear within 3 years of handover or of final acceptance | Civil Code, Articles 1707 and 2531 |
| Small routine work | Spot repair | Whoever carried it out | 3 months | Civil Code, Article 2531 |
| Hidden defect in the construction work | Failed roof waterproofing | Designers, contractors, site supervisors | 10 years from acceptance of the building | Law 169/2026, Articles 424 and 451 |
| Structural defect | Structural cracks due to a breach of standards | The same parties | The entire life of the building | Law 169/2026, Article 451 |
| Bringing a claim | In each of the cases | 3 years, usually from the day of discovery | Civil Code, Articles 2517 and 2531 |
It is worth distinguishing between two terms. The warranty period defines by when the defect must appear. The limitation period defines how much time you have, from the moment of discovery, to go to court. Article 2531 makes clear that the periods in the code do not detract from longer periods set by a special law or agreed in the contract, so a generous warranty clause in the contract prevails.
What is the seller liable for under the Civil Code?
Under Article 1707, the seller is liable for a hidden defect where the defect impairs the ability to use the property, or reduces its value to an extent that would have led you to forgo the purchase or to pay less. A hidden defect is one that a diligent buyer would not have noticed at handover without an expert. A crack that you noticed and did not comment on falls outside the definition.
Article 1710 sets out four options for the buyer: to require the seller to repair, or to fund the repair; to receive an identical, sound replacement property, which in real estate is hardly practical; to reduce the price proportionately; or to rescind the sale. Article 1714 extends the same regime to a situation in which the property differs from the characteristics set in the contract, which is why a detailed technical specification, signed as an annex, is worth much more than a marketing brochure.
What is the liability of designers and contractors under the new construction code?
Until August 2026 this liability was set out in Article 30 of Law 10/1995. The new code repealed most of the old law, including Article 29 (Article 576 of the code), but retained the same periods. Designers are liable under Article 424, and contractors and site supervisors under Article 451, for hidden defects discovered in the ten years from the day of the recepție, the formal acceptance of the building. For structural defects resulting from a departure from the design or from the execution standards that applied at the time of construction, liability under Article 451 continues for as long as the building stands.
An innovation of the code is a duty to insure: Article 556 requires developers and contractors to hold a ten-year civil liability policy for damage discovered after acceptance, and to present it as early as the start of works. Article 1879 of the Civil Code refers to the special law, and under Article 583 of the new code every reference to a repealed law is read as a reference to the code.
The 10-year liability is imposed on those who designed and built, and not necessarily on whoever sold. Where the developer also built, both regimes may apply to it. Romania's High Court of Cassation and Justice (ICCJ) has distinguished between a claim against the seller as seller and the builders' liability under construction law, each with its own period. For a building accepted before 25 August 2026, check with a Romanian lawyer which version applies.
What is not considered a construction defect, and what does justify an engineer?
Natural wear, improper use and neglected maintenance are not construction defects. Fine cracks in the plaster in the first year, while the building settles, appear in almost every new home and do not necessarily indicate a fault. On the other hand, damp that returns after drying out, a crack that keeps widening or a door that has started to stick are signs that warrant ordering an engineering inspection.
There is also a practical limit to any liability: it is only as good as whoever stands behind it. A project company that was dissolved after selling the units will not come to repair, even when the law is on your side. It is therefore worth finding out before the purchase who remains liable after handover, and whether there is a policy under Article 556.
What should you put in the contract, even before there is a defect?
- A developer's warranty defined by system: waterproofing, plumbing, electricity and heating, each with its own period.
- Agreed response times, separate for an urgent fault and an ordinary fault.
- Assignment of the equipment manufacturers' warranty certificates, such as for the heat pump or the boiler, to the buyer's name.
- The identity of the contractor and the designer and a copy of the acceptance report, so that it is clear from when the decade is counted and against whom.
Before signing: how we handle the warranty clauses
Romanian law protects buyers against construction defects, and for structural defects the protection is even broader than usual. But it is split between the seller and the builders, and relies on written notice sent in time. Before signing, we review the warranty clauses with buyers, ask for the details of the contractor and the designer and for the policy, and when legal proceedings in Romania are needed we refer them to a Romanian lawyer and a construction engineer.
This article is general information, current as of October 2026, and is not legal advice for any specific case. The actual periods depend on the contract and the circumstances. Before taking a legal step, it is advisable to consult a Romanian lawyer and a construction engineer.
Frequently asked questions
How many years of warranty are there on a new home in Romania?
Under Law 169/2026, those who designed and built are liable for hidden defects discovered within 10 years of acceptance of the building, and for structural defects resulting from a breach of standards for the entire life of the building. Against the seller, under the Civil Code, a hidden defect must appear within 3 years of handover, unless a longer period was agreed.
Whom do you approach when a defect is discovered?
First the developer who sold to you, in writing. At the same time, ask it for the details of the contractor and the designer, because liability under the construction code is imposed on them. A Romanian lawyer will help decide whom to sue and on what basis.
How long do you have to bring a claim for a construction defect in Romania?
The general limitation period is 3 years under Article 2517 of the Civil Code, and for a hidden defect it usually runs from the day of discovery. Late notice to the seller may deprive you of the right to seek rescission of the sale.
What is the difference between an apparent defect and a hidden defect?
A hidden defect is one that a careful buyer could not have discovered on the day of handover without professional help. An apparent defect must be recorded in the handover report, and what is not recorded will be hard to claim later.
Does the warranty pass to the next buyer if I sell the home?
According to legal analyses of the previous law, the right to sue the builders within the period also passed to subsequent owners. Under the new code the point has not yet been tested in case law, so it is advisable to check it with a lawyer before a sale.
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The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.