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Bedek Warranty and Delivery Protocol for New Apartments

Q: Does signing the delivery protocol waive hidden defects?

No. The Sale (Apartments) Law states that the protocol is not an admission that no other defects exist. It does, however, fix the handover date and the list of known defects, so make it complete.

Q: How long are the bedek and warranty periods?

They are set in the law and differ by category of defect. Ask your lawyer for the periods that apply to your contract instead of relying on a general number.

Q: What if the developer ignores my defect notice?

Document the notice and the lack of response, obtain an engineer's report, and take advice on enforcing the obligation; in some cases the cost of repair can be claimed.

Inspector marking defects on a checklist inside a newly built apartment

Under the Sale (Apartments) Law 5733-1973 a developer who sells a new apartment is responsible for defects and for non-conformity with the specification (mifrat) that the law requires to be attached to the contract. The responsibility is organised into a bedek period, during which the seller must repair defects that appear, followed by a longer warranty period for defects the buyer can prove were caused by the construction. The handover itself is documented in a delivery protocol that the law requires. For a buyer who lives abroad, the protocol and the written defect notices are the tools that keep these rights alive.

The specification and non-conformity

The law requires the seller to attach a detailed specification to the sale contract describing the apartment, its materials, fittings and the common property. A gap between the specification and what was delivered is a non-conformity, which the buyer is entitled to have corrected. Keep the signed specification; it is the yardstick for every later complaint.

The delivery protocol

At handover the seller and buyer go through the apartment together and record its condition in a delivery protocol. The Sale (Apartments) Law requires this protocol and provides that it does not operate as the buyer's admission that there are no defects other than those listed. In practice the protocol is still important because it dates the start of the bedek period and makes the listed defects undeniable.

Inspect before signing the protocol, ideally with an independent engineer who produces a written defect report.
List every defect found, including minor finish items; do not accept a protocol that says the apartment was delivered in good order.
Attach the engineer's report to the protocol and have the developer's representative sign receipt.
If you cannot attend, give a written authorisation to a representative to inspect and sign on your behalf.
Agree in writing when the listed defects will be repaired and who coordinates access.

Bedek period and warranty period

The law divides the seller's responsibility into two stages. In the bedek period, which the law sets at different lengths for different categories of defect, the seller must repair defects that appear unless it proves they were caused by the buyer. In the warranty period that follows, the seller remains responsible, but the burden shifts to the buyer to show the defect stems from the planning, materials or workmanship. The exact lengths depend on the defect category and on the version of the law applying to your contract, so check them with your lawyer rather than relying on a general figure.

Give written notice of a defect within the period the law allows after you discover it; late notice can cost you the right.
Give the seller a reasonable opportunity to repair before engaging others, unless the contract or the circumstances justify otherwise.
Keep copies of every notice, every reply and every repair visit.

Common property and the house committee

Defects in the common property, such as the lobby, roof, parking and systems, are also the seller's responsibility under the law. Complaints about them are usually made through the house committee once it is formed. If you are not resident, make sure the committee has your contact details and that your lawyer or a local representative follows up on common-property claims that affect your apartment's value.

What the contract cannot take away

The Sale (Apartments) Law restricts the seller's ability to contract out of its obligations; a clause that waives the buyer's rights beyond what the law permits is not enforceable. That does not mean every clause should be accepted. Watch for provisions that shorten notice periods, require you to accept repairs by specific subcontractors, or treat the protocol as a full and final settlement.

Common mistakes

Signing a clean protocol to get the keys faster.
Reporting defects by phone or through the agent instead of in writing to the seller.
Letting the bedek period run out while waiting for a promised repair.
Carrying out your own repairs before notifying the seller, which can defeat the claim.
Ignoring common-property defects because they are not inside the apartment.

FAQ

Does signing the delivery protocol waive hidden defects?