Atlas · Governance
Contractor's irreducible guarantee period for solidity and safety is five years
AnswerThe contractor providing materials and execution is liable for the solidity and safety of substantial buildings for an irreducible period of 5 years due to materials and soil.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Contractor of materials and execution | Contracts for substantial buildings or other constructions | Liable for work's solidity and safety for an irreducible five-year period regarding materials and soil | Law 10.406/2002, art. 618, caput | 10/01/2002 |
| Building owner | Lapse of the right assured in art. 618 | The owner loses the right if no action is filed within 180 days after the defect appears | Law 10.406/2002, art. 618, sole paragraph | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Planalto, in Portuguese): Art. 618 establishes the irreducible 5-year liability for solidity and safety of substantial buildings, and the sole paragraph sets a 180-day limitation period to file action after the defect appears.
How it applies
The rule applies to construction contracts for substantial buildings or other structures where the contractor supplies materials and execution. The contractor is mandatorily responsible for the work's solidity and safety for 5 years, considering materials and soil. To exercise this right, the owner must file the action within 180 days counted from the appearance of the defect.
Limits
- The guarantee specifically covers buildings or other substantial constructions.
- The owner loses the right if the action against the contractor is not filed within 180 days after the defect appears.
- This card exclusively covers the 5-year period and the contractor's civil liability as provided in the cited article.
- The version read is the one published by Planalto; subsequent amendments must be verified in the source.