blog.cat.realestate7 min read8/10/2026

Cracks and Leaks in a New Apartment: When an Israeli Contractor Must Repair Defects

A crack in a wall does not always indicate a danger to the structure, and a leak does not always automatically grant the right to hire another contractor at the performing contractor’s expense. In Israel, the outcome of a dispute often depends not only on the nature of the defect, but also on how quickly the purchaser reported it, preserved evidence, and allowed the contractor to carry out the repair.

Numbers and facts

•Action 1 — Notify the contractor in writing
•Action 2 — Document the defect before the repair
•Action 3 — Retain professional opinions, quotations, and invoices
•Precise periods and amounts — Must be checked according to the contract and the circumstances of the case

The Defects Liability Period and the Warranty Period Are Not the Same

Different warranty periods may apply to different building components, and after the initial period the burden of proof may shift. Therefore, one should not rely on a single uniform period for cracks, waterproofing, windows, or plumbing. A latent defect that could not have been discovered during an ordinary inspection upon acceptance is assessed differently from a visible defect noted in the apartment handover protocol. The precise periods and the applicable statutory wording should be reviewed in light of the contract and the documents of the specific project, together with an Israeli lawyer.

What the Court Will Examine in a Case Involving Cracks and Leaks

The cause of the defect, its severity, and its connection to the construction work are generally important. A thin superficial crack may be cosmetic, while a widening crack, deformation, or recurring water penetration requires professional examination. In the case of a leak, the source of the water, the condition of the waterproofing, possible alterations made by the owner, and whether responsibility for the problem lies with a neighbor or relates to the common property in the building are important. An opinion from a structural engineer or a specialist in the relevant field is generally more persuasive than photographs alone and speculation by a nonprofessional.

How to Notify the Contractor Properly

It is advisable to send the notice in writing, to the address and in the manner specified in the contract, and to retain proof of dispatch and receipt. The location of the defect, the date it was discovered, its development, and its consequences should be described, and photographs, videos, inspection reports, and correspondence with the management company should be attached. The notice should preferably propose coordinating an inspection and repair, and in the case of an active leak, the urgency should be noted separately. A telephone call is insufficient: later, the parties often dispute whether the purchaser reported the problem and whether the work could be carried out.

Why You Should Not Immediately Hire Your Own Contractor

In many cases, the contractor must be given a genuine opportunity to inspect and repair the defect. If the owner opened the wall without prior notice or completely replaced the waterproofing, it becomes more difficult to determine the original cause of the defect. An exception may apply in an emergency, when delay increases the damage or creates a risk to residents, but even then it is important to notify the responsible parties immediately and document the condition before intervention. Receipts should be retained, and reasonable measures intended to prevent damage should be chosen, rather than using the opportunity to improve the apartment.

When Repairs, Compensation, and Temporary Housing May Be Obtained

The primary remedy is generally repair of the defect itself and its consequences, such as damaged plaster or finishes. Monetary compensation may be considered if the repair was not carried out, proved ineffective, or objectively requires engaging another professional; the amount must be proven through quotations, invoices, and professional opinions. Temporary housing expenses are not automatically reimbursed for every inconvenience: it must be shown that residing in the apartment was genuinely impossible or unsafe, that relocation was necessary, and that the rent and related expenses were reasonable. The precise amounts in shekels depend on the expenses proven and the circumstances of the case; without the materials relating to the specific dispute, they cannot be stated with certainty.

FAQ

Can a repair be demanded if the crack was not recorded in the handover protocol?

Yes. The absence of a record does not in itself preclude the claim, especially if the defect was latent or discovered later. However, it will be necessary to prove the date of discovery, the nature of the crack, and its connection to the construction.

What should be done if the contractor does not respond to notices about a leak?

The notice should be sent again in a manner that makes it possible to prove receipt, updated photographs should be attached, and a specific date for an inspection should be proposed. If the damage continues, it is advisable to obtain an expert opinion and document the necessary urgent work.

Who pays the construction-defects expert?

Initially, the apartment owner often retains and pays the expert. The possibility of later obtaining reimbursement for these expenses depends on their necessity, reasonableness, and the outcome of the dispute.

Can payment for a hotel or rental apartment be demanded?

Such a claim is possible if the defect actually made the apartment unfit or unsafe for habitation and relocation was necessary. Evidence will be required regarding the condition of the apartment, the duration of the work, payment for the accommodation, and the reasonableness of the chosen cost.

The contractor repaired the leak several times, but it keeps returning. What should be done?

Each recurrence, the dates of visits, and the content of the work performed should be documented. The recurrence of the problem may require an independent diagnosis of the cause instead of another cosmetic repair.

What to do next

Upon discovering a defect, the first steps are to limit further damage, document the condition of the apartment, and send the contractor a detailed written notice. Evidence must not be destroyed, and no nonurgent alteration should begin before the inspection. Because no research materials containing precise Israeli periods and rules were provided, the applicable warranty periods and possible amounts should be reviewed according to the contract and documents, with the assistance of an Israeli lawyer.

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