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New Home Warranty in the EU: Three Layers of Protection
Guide

New Home Warranty in the EU: Three Layers of Protection

AB
Andreea B.
Client Experience Lead
October 28, 2026
5 min read

When you buy a home or a prefab house in the EU, three kinds of protection can apply: the legal guarantee for goods under EU consumer law, national liability rules for buildings and construction work, and any voluntary warranty the manufacturer adds. The EU legal guarantee covers consumer sales of movable goods, including goods made to order, and lasts at least two years from delivery. There is no single EU-wide warranty for completed buildings; national building rules can provide longer protection. A manufacturer's warranty comes on top and never replaces your statutory rights. BioBuilds adds a 5-year structural guarantee.

"How long is the warranty?" is one of the first questions buyers ask, and the answer is rarely a single number. Different rules protect different things: the product you buy, the building work on your plot and the components inside the house. This guide explains the EU legal guarantee, how national rules for buildings add to it, what a manufacturer's warranty adds, and what to check before you sign.

2 years
minimum EU legal guarantee for goods, from delivery (Directive (EU) 2019/771)
1 year
minimum period in which a defect is presumed to have existed at delivery
5 years
BioBuilds structural guarantee, in addition to statutory rights

Under the Sale of Goods Directive (EU) 2019/771, a business selling goods to a consumer is liable for any lack of conformity that exists at delivery and becomes apparent within at least two years. If a defect appears within the first year, it is presumed to have existed at delivery, unless the seller proves otherwise; some countries extend that period to two years. Repair or replacement normally comes first; a price reduction or ending the contract is available when the legal conditions are met, including immediately for a sufficiently serious defect. A minor defect does not justify ending the contract. Member states can give consumers more, and some do. For sales contracts concluded from 31 July 2026, the updated EU rules generally require a one-time 12-month extension of the seller's liability period when repair is chosen under the legal guarantee; equivalent national arrangements can apply.

The legal guarantee is free, applies automatically and cannot be excluded in a consumer contract.

How do national rules for buildings add to it?

A house is more than goods: once it is installed on a foundation, national construction law can apply alongside consumer law. Many countries set longer liability periods for defects in buildings and building work, and some keep a separate, long liability for structural defects. Which rules apply depends on the country, on how the contract is structured, and on who did which work: the manufacturer, the assembly team or the local contractors who built the foundation and connections.

Key Takeaway

Your statutory rights depend on the country and the contract, not on the brochure. Read which law governs the contract and which work each party is responsible for.

What does a manufacturer's warranty add?

A commercial guarantee is a voluntary promise on top of your statutory rights. EU law requires it to state clearly what it covers, for how long and how to claim, and it can never reduce the legal guarantee. On a house, typical voluntary warranties cover the structure for a number of years, while the makers of windows, heat pumps, ventilation units and other components give their own product warranties.

ProtectionWho gives itWhat it covers
Legal guarantee for goodsThe seller, by lawLack of conformity existing at delivery, at least 2 years
National building liabilityThe party who did the work, by lawDefects in buildings and building work, under national rules
Structural guaranteeBioBuilds, voluntarilyThe essential structural components of the module for 5 years, in addition to statutory rights
Component warrantiesComponent makersProducts such as windows, heat pump and ventilation unit

What do BioBuilds' terms say?

BioBuilds gives a 5-year structural guarantee on the essential structural components of the module, included in the price and in addition to your statutory defect rights, and component makers give their own warranties. BioBuilds' English terms describe the legal guarantee as two years from delivery under Romanian Government Emergency Ordinance 140/2021, which transposes Directive (EU) 2019/771, with the burden of proof reversed for defects that appear within the first 12 months. The terms also keep the mandatory consumer protection rules of your country of residence (Regulation (EC) 593/2008, Rome I, Article 6), and the individual contract names the law that governs your sale. The individual contract confirms the scope for your project; the website links the official EU legal guarantee notice.

What should you check before signing?

Warranty checklist for a new home
  • Which law governs the contract, and which statutory rights apply in your country.
  • Who is responsible for each part: the house, the assembly, the foundation, the connections.
  • The voluntary guarantee: what it covers, for how long, from which date and how to claim.
  • The component warranties, and the documents and maintenance they require.
  • What happens at handover: inspection, documents and the record of any open points.

Our guide to buying a prefab home from another EU country covers the rest of a cross-border purchase. To see BioBuilds homes and prices, configure one.

Frequently Asked Questions

For goods bought from a business, EU law sets a legal guarantee of at least two years from delivery, and some countries give more. A house installed on a foundation can also fall under national rules for buildings and building work, which may run longer. The contract and the governing law decide the details.
The legal guarantee is your statutory right against the seller for defects present at delivery; it is free and cannot be excluded. A warranty or commercial guarantee is a voluntary promise by the seller or maker on top of that, with its own scope and duration.
No. EU law says a commercial guarantee applies in addition to the legal guarantee and cannot reduce it. If the voluntary warranty is shorter or narrower, your statutory rights still apply in full.
BioBuilds gives a 5-year structural guarantee in addition to your statutory defect rights, and component makers such as those of windows, heat pumps and ventilation units give their own warranties. The individual contract confirms the scope for your project.
AB
Andreea B.
Client Experience Lead
Certified Passive House Consultant with 8 years experience in timber-frame construction and prefabricated housing. Helping families across Europe build smarter, healthier homes.

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