Snagging in Portugal: new homes and the 10-year structural warranty
Portugal strengthened buyers' rights in 2022. If you buy a new home from a developer as a consumer, defects are covered for longer than in most of Europe — but a thorough snagging inspection before the deed is still the easiest way to get things fixed.
The warranty
For homes bought from a professional seller from 1 January 2022 (under Decree-Law 84/2021):
- Ten years for non-conformities in structural elements — foundations, pillars, roof structure.
- Five years for other non-conformities.
A defect reported within the period is presumed to have existed at handover, so it is up to the seller to prove otherwise. Remedies include free repair, a price reduction or, in serious cases, ending the contract. Homes bought before 2022 generally have five years.
Snag before the escritura
Inspect when the developer says the home is ready and before you sign the deed (escritura) and pay the balance. That is when the developer is most motivated. Agree the list in writing, with dates. Many international buyers have the inspection done by a snagging company and the report sent to their lawyer.
Reporting defects later
Report defects as soon as you find them, in writing — registered post is still the safest route — with photos and a clear location. Keep proof of delivery. Sources differ on whether a strict notice deadline applies, so do not wait.
This is a general guide, not legal advice. Periods and rules change, and your own contract can add to them — check it, and take professional advice before relying on a deadline.