Representing Apartment Buyers — Jerusalem
Construction Defects Lawyer
Jerusalem
Discovered defects in your new apartment? You have statutory rights. Adv. Liron Yitzhak Elmaliach represents buyers against developers and construction companies — and achieves full compensation.
The Sale (Apartments) Law — Your Protections
The Sale (Apartments) Law, 5733-1973 is the central statute protecting buyers of new apartments from developers. The Law establishes two main protective mechanisms: inspection periods and warranty periods. During the inspection period, the burden is on the developer — the very existence of a defect creates the duty to repair, without the need to prove negligence.
Inspection Period Table (from handover date):
| Type of Defect | Inspection Period |
|---|---|
| Structural construction defects (columns, walls, ceiling) | 7 years |
| Flooring, roof and balcony waterproofing | 4 years |
| Plumbing, electrical, heating, air conditioning | 3 years |
| Paint, plaster, plasterboard, internal flooring | 1 year |
In addition, there is an overall warranty period of 10 years from apartment handover. During this period (after the inspection periods), a claim may be brought if it is proven that the defect resulted from developer negligence.
How to File a Construction Defects Claim
Step 1 — Documentation: Photograph every defect in detail. Document all contact with the developer — inquiries, promises, repairs that were attempted and failed. Good documentation is the backbone of the claim.
Step 2 — Written Notice to Developer: Send written notice (registered mail + email) listing all defects and demanding repair within 45–60 days. Keep the tone professional — do not threaten, but demand clearly.
Step 3 — Structural Engineer's Expert Opinion: Engage an independent structural engineer who will identify and document the defects, define them professionally and estimate the repair cost. The expert opinion forms the basis of the claim.
Step 4 — Legal Proceedings: If the developer has not repaired within a reasonable time — proceed to court. The claim presents the engineer's expert opinion, documentation of communications and a demand for compensation. In many cases, an out-of-court settlement is reached after the claim is filed.
Representation Against Developers in Jerusalem
Jerusalem's real estate market is very active — new projects in Pisgat Ze'ev, Armon HaNatziv, Gilo, Kiryat HaYovel and more. With many projects come many construction defects. Adv. Liron Yitzhak Elmaliach's experience includes representation in claims against large construction companies, executing contractors and developers — including group claims on behalf of all residents in an entire building.
The amounts recoverable in construction defects claims are often higher than buyers assume. The cost of repair, diminution in value (where the repair does not fully restore the property to its original value) and compensation for distress — all of these can be claimed. In complex cases the amounts reach tens and even hundreds of thousands of shekels.
Important: do not sign a settlement agreement with the developer before consulting an attorney. Construction companies sometimes offer a quick settlement that reflects only a fraction of the true compensation available through legal proceedings.
Frequently Asked Questions — Construction Defects
Detailed answers to the most common questions about construction defects
Found Defects? Let's Talk
Adv. Liron Yitzhak Elmaliach — Representing apartment buyers against developers
Free initial consultation. We will review your defects and assess the compensation available. 33 HaShneim Asar, Pisgat Ze'ev, Jerusalem.
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