Complaint Regarding Housing Deficiencies – Deadlines and Requirements According to the Alienation Act

The Alienation Act has clear rules regarding when and how the buyer must submit a complaint about defects in the property. Here are the most important deadlines and rules you need to be aware of.

Complaint Deadlines

Relative Deadline (§ 4-19 first paragraph):

• The buyer must complain "within a reasonable time" after the defect was discovered

• What constitutes a reasonable time depends on the nature of the defect and the circumstances

• In consumer purchases, 2-3 months is usually accepted

• For obvious defects, complaints must be made more quickly

Absolute Deadline (§ 4-19 second paragraph):

• No later than 5 years after takeover

• Applies even if the defect could not have been discovered earlier

• Exception in cases of gross negligence or dishonesty by the seller

Specific Deadlines:

• For cancellation, complaints must be made quickly (§ 4-13)

• Claims for compensation must be made within a reasonable time (§ 5-7)

Requirements for Complaints

The complaint must:

• Be in writing

• Describe the defect

• Be directed at the seller

• Be documented

Limitations

Even if a complaint is made in time, the claim may become time-barred after 3 years if not followed up with legal action or acknowledgment from the seller.