Construction Defects in Israel: Types and Who Repairs Them

Construction defects can cost a great deal of money. What is a construction defect and how do you recognize one? And who is responsible for planning defects? An inspection is a must, because it finds the defects you cannot see, such as defects in the infrastructure.

What the law counts as a construction defect

Residential towers under construction in Tel Aviv — Construction defects Photo: Rakoon, CC BY-SA 4.0, Wikimedia Commons

Construction defects turn up in almost every home, and you do not need to see one to have reason for concern. Some planning and construction defects are invisible to the eye, which is why every home should be inspected for them.

The Sale (Apartments) Law defines construction defects as a "non-conformity" between what exists in the apartment and the standards and building regulations, the technical specification and the apartment's plans.

What all these defects have in common is that they were caused at some stage of the construction process (before, during or after it), and that the contractor is the one required by law to repair them.
What kinds of construction defects are found in new apartments?
For convenience we have divided them into three main groups:

Planning defects: what they are and how to deal with them

A corridor in a new apartment before handover, with the electrical panel in the wall — A construction defect Illustration

Planning defects account for about 50% of all construction defects. They usually stem from a lack of planning experience and from not knowing or understanding the standards and the laws.
Planning defects make the apartment function less well, and that means a safety hazard, accelerated wear, and a drop in the apartment's value, in how it functions and in the quality of life in it.

Examples: a toilet window that faces the service balcony, a safe room (mamad) smaller than the standard, sanitary fixtures crowded together in the bathroom, and so on.

Defects in execution

A crack in the stone cladding at a building entrance, during an Arad inspection — Planning defects and the inspection for construction defects

These account for about 40% of all construction defects. They result from poor coordination between the subcontractors working under the contractor (electrical, plumbing, flooring…) and from failed, unprofessional supervision by the project managers and site managers responsible for quality control on the project.
Examples: dampness penetrating the apartment, cracks, uneven plaster, steps between floor tiles, and so on.

Defects in products and materials

This type is common too: it is the source of about 10% of all construction defects. These defects come from the use of poor-quality products, or from heavy wear and erosion of the products.

Examples: non-standard doors, unsafe glazing, second-grade floor tiles, cheap sanitary fixtures.

Several common construction defects in more detail:

For more types, see types of construction defects.

Who is responsible for repairing construction defects? Under the Sale Law, the contractor must repair every construction defect in the apartment.

In most cases the resident lacks the professional knowledge to identify construction defects, and even when he does find some, he cannot stand up to the contractor.
And when the contractor does repair a defect, the repair is often purely cosmetic and does not solve the problem at its root, so it comes back.

To protect the resident, the legislature fixed in the Sale Law the periods during which the contractor's warranty applies to each element of the apartment. For the resident, it is very important not to wait, and to notify the contractor of every construction defect in the apartment.

That makes it possible to stop things from getting worse, to have the repair made, and then to follow up and make sure the defect was repaired properly. By bringing in an expert engineer for a comprehensive engineering inspection of the apartment, the resident makes the fullest use of the rights the law gives him.

If you are about to move into a new home, or have just received an apartment or a house from the contractor, now is the time for a thorough inspection for defects. At this stage the full responsibility lies with the contractor who built your home, so the inspection should be done now and not later, after you have moved in. Buyers often move into their new home without a professional inspection by a home inspection (bedek bayit) company, and the faults and defects only come to light over time. The later it gets, the harder it is to demand what you are owed, which is why the inspection matters so much.

If you are about to move into or buy a property of any kind, now is the time to check its condition. A home inspection covers the infrastructure, the roof, the walls and every part of the home, inside and out, to make sure there are no hidden faults of any kind that will cause you trouble and heavy expenses later.

Construction defects: the types, the causes and who has to repair them

What the law counts as a construction defect

Planning defects: what they are and how to deal with them

Defects in execution

Defects in products and materials

Defects in electrical systems

Aesthetic construction defects

What if the engineer's inspection finds no construction defects in my apartment?

We are afraid that ordering a home inspection will hurt our relationship with the contractor…

The dampness in my apartment keeps coming back despite the contractor's repairs

When is an engineering inspection recommended?

How to choose a home inspection engineer

How much does a home inspection cost

Home inspection: snagging

Home inspection after handover

Should I worry about the construction defects in my home…

Finishing defects

Why do you need an engineering building inspection report?

Construction defects that violate the standards

Home inspection: snagging

Inspection periods and the contractor's warranty