Running the warranty period in case of defects of common parts of the building

Judgment of the Supreme Court of 9 November 2017 file no. 26 Cdo 3075/2016 in the dispute on the elimination of defects brought an interesting solution regarding the question of running the warranty period of common areas of the housing unit in the regime of Act No. 40/1964 Coll., the Civil Code, where it is likely to be applicable regime of liability for defects according to Act No. 89/2012 Coll., Civil Code. The solved issue was the warranty period for the exercise of the right to remove the defect, which, according to the Supreme Court's conclusions, will start running immediately after the purchase contract is entered into the Land register, regardless of whether other housing units are transferred later. Common areas, requiring the removal of defects, acquire the buyer, unlike the housing unit, but even this cannot change the warranty period or the scope of the warranty, because the buyer would not be sufficiently protected about the right to claim the right to defect. In other words, the protection of the buyer under warranty (or similarly liability for defects) must fully cover all things that are the subject of the purchase contract, with a uniform during the warranty period (or similarly the period for exercising rights from liability for defects ). This conclusion is consistent with the fact that it is not possible to transfer a dwelling unit without a simultaneous transfer of ownership of an appropriate share of the common parts of the building.

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