Found Construction Defects in a New Home? What Buyers in Lithuania Should Know

Defects in a newly purchased home do not always appear on the day of handover. Some only become visible once the property is in use, after a change of season, or when heating, ventilation, plumbing or other engineering systems begin operating under real conditions. When this happens, the buyer's first priority should be to act promptly and methodically: document the defect, notify the responsible party in writing and preserve evidence that may later support a request to repair the defect or reimburse the cost of repairs.

The right course of action depends on the contractual relationship. If the home was bought from a developer, the buyer will usually first contact the seller or the person responsible for warranty maintenance under the contract. If the buyer directly commissioned construction works, the claim will normally be addressed to the contractor. Depending on the cause of the defect, responsibility may also involve the designer, project expert, technical supervisor or other participants in the construction process.

Warranty periods

In Lithuania, the statutory warranty period for a building cannot be shorter than the periods set out in the Civil Code. The parties may agree on longer warranty periods, but they cannot reduce the buyer's or client's statutory protection.

The main warranty periods for construction works depend on the nature of the defect:

These periods are generally calculated from the date on which the full result of the contractor's works is handed over to the client. Where construction was carried out by the owner or by a mixed method, the period is counted from the completion of construction. If the building cannot be used for a certain period because of defects for which the contractor is responsible, the warranty period is suspended for that time.

It is also important not to confuse the warranty for construction works with the warranty for individual products or movable equipment. A manufacturer or seller may provide a separate warranty for a specific product. However, that does not automatically remove the responsibility of construction participants if the element forms part of the building or if the defect is linked to improperly performed construction works.

For buyers of new apartments in multi-apartment buildings, the warranty security document is also relevant. Its purpose is to protect buyers if the developer becomes insolvent or bankrupt and defects caused by contractors need to be remedied during the first years of the warranty period.

Why the buyer must notify the responsible party within a reasonable time

Finding and photographing a defect is not enough. The buyer must notify the seller of quality defects within the period set by law or the contract, or, where no specific period is provided, within a reasonable time after the defect was or should have been discovered. In construction contracts, a client who identifies defects during the warranty period must also submit a claim to the contractor within a reasonable time.

Delay can weaken the buyer's position. The seller or contractor may argue that, because of late notice, the defect has become more difficult, more expensive or even impossible to repair. The defect itself may also spread. For example, a minor leak may later damage finishes, structures or engineering systems, making it harder to identify the original cause.

For that reason, notice should be given in writing. It should identify the location and nature of the defect, the date it was noticed, include photographs or video material and ask the responsible party to inspect the defect or propose a repair plan within a clear timeframe. Phone calls may help resolve matters quickly, but in a legal dispute written evidence is far more important.

Documenting evidence: bailiff and construction expert

If the seller or contractor delays, disputes the cause of the defect or refuses to cooperate, the buyer should consider obtaining independent evidence. One option in Lithuania is the recording of factual circumstances by a bailiff (antstolis). The bailiff describes the objectively visible condition in a protocol and, where appropriate, supplements it with photographs, video or audio recordings. This helps establish how the defect looked on a specific date.

Where a bailiff records factual circumstances on the instruction of a court, the protocol is treated as an official written document with stronger evidentiary value. Where the protocol is prepared at the request of a private person, it may still be important written evidence, although its weight in a particular dispute is assessed by the court.

It is important to distinguish between recording facts and providing a technical opinion. A bailiff usually records what is visible but does not determine the technical cause of a construction defect. For that, an accredited construction expert is needed, or, if the dispute goes to court, a court-appointed expert. The expert can assess whether the works comply with the project and construction technical regulations, whether appropriate materials were used, what caused the defect and what the likely repair costs are.

A bailiff's protocol and an expert opinion serve different purposes but work well together. The protocol records the actual condition, while the expert opinion provides the technical assessment. Taken together, they can strengthen the buyer's claim and often help resolve the matter before court proceedings become necessary.

Practical action plan

1. Document the defect with photographs or video, clearly noting the date, location and circumstances.
2. Notify the seller, developer or contractor in writing, attach the available evidence and request an inspection or a repair plan.
3. Keep all correspondence, inspection reports, estimates, invoices and other documents.
4. If the responsible party does not cooperate, consider asking a bailiff to record the factual condition.
5. For complex or disputed defects, consult an accredited construction expert to determine the cause, repair method and estimated costs.
6. Before carrying out repairs that could destroy evidence, make sure the defect is properly documented. Urgent works should be limited to what is necessary to prevent further damage.