Costa Rica Home Construction: Important Warranty Information You Need To Know

Welcome to another video of the Quatro Legal Real Estate video series. In this article, we’re covering everything you need to know about warranties on home construction in Costa Rica.

What Is A Builder’s Warranty in Costa Rica?

A builder’s warranty is a type of assurance or guarantee provided by a developer or builder to the homeowner regarding the quality and integrity of the construction work. It outlines the builder’s commitment to repairing or replacing certain defects or issues that may arise within a specific period after the completion of the construction project.

At least 35 percent of our clients invest in houses under construction, which leads to clients having questions related to warranties on brand new homes during or after closing. In Costa Rica, the regulations regarding house construction warranties can vary depending on the type of construction and the specific agreements made between the parties involved.

Construction Warranties in Costa Rica: Most Important Things To Know

Normally, the builder offers a warranty over specific aspects of the construction such as structural integrity, workmanship, and materials. The only items or conditions that may be excluded from coverage are the normal wear and tear of the property, acts of nature, or homeowners neglect. It is essential to have a clear understanding of what is covered under the warranty and for how long.

In Costa Rica, the term to request the warranty, as mentioned before, will depend on the kind of work. When it comes to structural integrity, the warranty can be applicable for five years. For mechanical and electrical systems, it’s up to two years. For finishes, it will depend on the agreement signed between the buyer and the developer, but it can go from six months to one year.

Items like lamps, fixtures, and appliances will also be under warranty, but the term and the repair must be provided by the vendors. In civil work cases, the warranty starts on the date the deconstruction is delivered. If the owner decides to sell the brand new house within less than five years, the buyer can also apply for this warranty since it is transferable.

During the period of validity of the warranty, its holder shall be entitled at least to:

The refund of the price paid to the exchange of the good for another of the same kind with similar characteristics or technical specifications, which in no case may be inferior to those of the product that gave rise to the warranty, and to the free repair of the good.

In accordance with the article 1185 of the civil code of Costa Rica, the architects or companies who have been in charge of the construction are liable for its total or partial loss, whether it is caused by a construction defect or a soil defect, and this liability will last for five years, counted from the reception of the work.

3 Recommendations Before Building a House in Costa Rica

1. Sign an agreement or request a letter from the engineer, the developer, the architect, or the builder, establishing the terms and conditions of the warranty, including the duration and the items that would be covered besides the structural integrity.

2. Request a copy of the warranty certificate provided by the different vendors involved in the construction if possible.

3. Conduct and schedule inspections through an engineer during the building process to confirm that the aspects of the construction are in good condition and that the work is consistent with the blueprints presented by the build.

Looking for legal counsel you can trust to make your relocation to Costa Rica easier and more rewarding? Get in touch today.

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.