Legal warranties on new housing: 5/3/1 years
NOM-247-SE-2021 requires every developer to provide minimum warranties on new housing. The mnemonic is 5/3/1: five years on structure, three on waterproofing, one on installations. Here are the details.
Structural warranty (5 years)
Covers foundation, columns, beams, slabs, and load-bearing walls. If structural cracks, subsidence, or failures compromise stability, the developer must repair at no cost. This warranty runs with the property: if you sell, the next owner keeps it.
Waterproofing warranty (3 years)
Covers leaks through roofs, terraces, bathrooms, and wet areas. Water leaks are the most common complaint in climates like Yucatán. Document with photos and video starting at delivery.
Installations warranty (1 year)
Covers electrical, plumbing, sanitary, gas, and builder carpentry (doors, windows, kitchen). The shortest because it includes higher-wear components.
How to activate a warranty
- Notify in writing (certified mail or burofax)
- Attach photos, video, and description of the defect
- Request joint expert inspection if the developer denies
- If unanswered in a reasonable period, file a PROFECO complaint
- If necessary, civil lawsuit in the competent court
What warranties do NOT cover
- Damage from misuse or lack of maintenance
- Modifications made by the buyer
- Normal wear of paint and decorative finishes
- Acts of god or force majeure (hurricane, earthquake)
If the developer disappears
Warranties bind the legal entity that signed the contract. If the company is liquidated or changes name, the partners responsible at the time of sale may be co-liable. Document from the start who signed as representative.