Decennial (10 years) — LOE art. 17.1.a
Material damage from defects affecting foundations, supports, beams, slabs, load-bearing walls or other structural elements that compromise mechanical resistance and stability. Covered by mandatory insurance (LOE art. 19).
Triennial (3 years) — LOE art. 17.1.b
Defects causing failure of habitability requirements: damp, thermal/acoustic insulation, installations (plumbing, electrics, HVAC), ventilation.
Annual (1 year) — LOE art. 17.1.c
Execution defects affecting finishings: paint, tiling, internal joinery, handles, blinds. Usually covered by a 5% retention to the builder.
Developer's commercial warranty
Some developers offer additional commercial warranties (2-year after-sales, full year-end overhaul, etc.). They stack with the statutory ones and must be honoured on their own terms. If the developer fails, they're enforceable in court.
Legal conformity warranty (RDLeg 1/2007)
In B2C relations, the consumer enjoys a 3-year legal conformity warranty from delivery. Independent of LOE and applied to movable goods incorporated (appliances, equipment). Applied to the product, not the structure.
Civil Code hidden defects (CC art. 1484)
Residual application: 6 months from delivery for substantial hidden defects that render the thing unfit for use. Limited in new build by LOE but useful in subsequent transfers between individuals.
Equipment and supplier warranties
Kitchen, appliances, HVAC, windows, armoured doors, etc. have their own manufacturer warranties. Some are transferable to the buyer and useful to claim repairs without going through LOE.
How they overlap in practice
Multiple warranties can apply to the same defect. Example: a new boiler with substantial failure may trigger (1) the annual LOE finishing warranty, (2) the developer's commercial warranty, (3) the boiler manufacturer's warranty, (4) the RDLeg 1/2007 conformity warranty. We pick the fastest and most complete route, keeping the others open.
Frequently asked questions
Do I always have to claim under LOE?
No. It's the main route but there are alternatives depending on the case. The choice depends on available deadlines, evidence and solvency of the other party.
If I have a 5-year commercial warranty, do I still need LOE?
You have both. The commercial warranty adds time or cover on top of LOE; it does not replace it. Clauses saying otherwise are unfair.
Best route for appliances?
Usually the manufacturer's warranty (faster) or the legal conformity warranty (RDLeg 1/2007). The 1-year LOE finishing also applies, but the manufacturer is usually quicker.