What deadlines does the law establish and from what point do they count?
The deadline for eliminating deficiencies by the developer is formulated according to Law No. 214 of December 30, 2004, as “reasonable”. The general definition is justified by the lack of precise knowledge about the essence of real problems. It is clear that replacing a defective door handle is easier and cheaper than pouring a new concrete screed. This implies a qualified identification of defects with the subsequent preparation of a truly justified claim.
The easiest way is when the exact terms are indicated in the text of the purchase and sale agreement along with penalties. In this case, detailed comments are unnecessary. If there is no mutual understanding with the developer, the shareholder files a claim in court.
It should be remembered that the Law “On the Protection of Consumer Rights” (Federal Law No. 2300-1 of February 7, 1992, as amended on March 18, 2019) establishes a maximum period for correcting deficiencies in any services of no more than 45 days.
Important! The problem of timing for eliminating deficiencies can be eliminated or minimized at the stage of preparing the purchase and sale agreement. The period for eliminating deficiencies is counted from the date the claim is submitted to the developer.
In addition to the period for eliminating defects, it is very important to understand what warranty period is established for the work. It is established by the general norms of current legislation. According to the mentioned law No. 214, the minimum duration of warranty obligations is:
- 3 years – for water supply, electricity, other engineering systems;
- 5 years – for building structures.
The corresponding period is calculated “automatically” from the date of signing the acceptance certificate. The guarantee implies that any defects discovered during this period are entirely the responsibility of the developer.
Defects can be detected immediately upon acceptance or later if they were hidden.
Customer Reviews
Review by Minina M.V. I would like to express my deep gratitude to Yuri Vladimirovich Sukhovarov for his competent advice and qualified assistance on my issue.
With gratitude, Minina Margarita Vladimirovna.
Gratitude from Bolotin V.S. I thank Alexander Viktorovich Pavlyuchenko for the work done as part of the investigation into the administrative case. I am especially grateful that almost all activities within the framework of the case were carried out by Alexander personally, without my involvement, which significantly saved my time. I would also like to note the efficiency with which the work was completed. I would like to wish Alexander further success in his professional activities and the successful completion of all current and subsequent cases, restoring justice to his clients.
Bolotin V.S., 02/12/2017
Gratitude from P.V. Greshina I would like to express my deep gratitude to the employees of your company - Sergei Vyacheslavovich Mavrichev and Konstantin Vasilyevich Solovyov for their enormous support, for their competent explanation and good attitude towards people. I wish you success and prosperity.
Greshina P.V. 03/23/2018
Review by Rychnikova G.V. I express my gratitude to your employee Andrey Valerievich Ermakov for providing me with legal assistance.
I also express my gratitude to Diana Sumarokova for her polite and tactful customer service and the very pleasant atmosphere in your office.
Gratitude from N.A. Uvarova I express my deep gratitude to lawyer Sergei Vyacheslavovich for his attitude towards me and my question. There are no words to describe the feelings of gratitude for the professionalism shown and the greatest human sympathy and understanding! All the best to you! Health, success in work and long life!
Thank you very much! Sincerely, Nadezhda Anatolyevna Uvarova, 07/25/2019
Letter of thanks
Gratitude from N.S. Khokhlov I am Khokhlov N.S. I express special gratitude to lawyer A.V. Pavlyuchenko who defended my consumer protection rights. I was pleasantly surprised by his professionalism, where he discovered the false address of my defendant registered in the Unified State Register of Legal Entities, and also defended me, as I believe, from the unreasonable decisions of the trial judge. If I need legal assistance in the future, I will only turn to A.V. Pavlyuchenko.
N.S. Khokhlov December 12, 2017
Review by Irina D. I thank the Legal Agency of St. Petersburg for the warm, sincere welcome and the detailed, competent, thorough, conscientious legal position of lawyer Andrei Valerievich.
Gratitude from gr. Kolesnikova A.N. Let me express my deep gratitude to the Legal Agency of St. Petersburg, located at Spassky Lane, 12. For their professional and friendly assistance in resolving my issue! I wish to continue working, bringing benefit to all residents of St. Petersburg. And not only.
Kolesnikov Alexander Nikolaevich.
Position: Head of the Metro Implementation Sector
PS: Before your company, I contacted 5 companies on this issue and received unclear answers.
Gratitude from Busygin A.I. I express my gratitude to Vasily Anatolyevich Kavalyauskas for the qualified management of my case, competent advice and justification for the decision, which led to compensation of the stated claims.
Sincerely, Busygin Alexander Ivanovich
26.12.2017
How to properly inspect an apartment upon acceptance
The level of readiness specified in the DCP is preliminarily clarified. In modern new buildings, apartments are often offered without finishing. The owner himself carries out finishing work in accordance with personal preferences, or entrusts them to specialists.
You can learn more about the acceptance procedure using thematic publications on our website. Below are the nuances that you should pay special attention to:
- even in the “rough” state, the walls, ceilings and floors must be smooth, without gaps at the joints;
- technological metal pins left in monolithic structures create cold bridges and brown spots on visible surfaces;
- excessive humidity indicates poor insulation and insufficient ventilation;
- during the acceptance process, the integrity of the seals is checked and meter readings are recorded;
- In addition to the functional state, they clarify the correct installation of heating radiators.
Some developers offer a standard inspection sheet as an appendix to the transfer and acceptance certificate. It is recommended to create your own list of items for mandatory step-by-step verification.
If they lack their own knowledge and skills, they use the services of specialized specialists. Heat leaks, for example, are checked using specialized instruments. Timely elimination of significant defects will prevent problems and help optimize operating costs.
The shareholder has the right to refuse to sign the transfer and acceptance certificate if the property does not meet the following criteria:
- parameters specified in the purchase and sale agreement;
- design documentation data;
- current construction and sanitary standards.
Sequence of actions in a standard situation:
- identified deficiencies are recorded in a separate act;
- list the discrepancies, hand the document to the developer against the signature of the responsible person, or send it by letter with mandatory notification of delivery to the addressee;
- draw up a written agreement with the developer to eliminate the identified deficiencies, indicating a specific “reasonable” period (usually no more than 2-3 months);
- After fulfilling the relevant obligations, they sign the transfer and acceptance certificate and complete the real estate acquisition transaction.
What to do if deficiencies were not discovered immediately
As soon as you discover a defect, immediately file a claim in which you outline all the circumstances. There is no point in delaying your claims. The statutory warranty period of 3 (5) years is useless in some situations. Unscrupulous businessmen register each property to a new company. After the bankruptcy of a disposable limited liability company, it will not be possible to compensate for losses.
For this reason, issues of remediation and penalties should be addressed as early as possible. It is quite difficult to prove that you are right if the transfer and acceptance certificate is signed without indicating certain comments. The law excludes compensation for the following items:
- natural wear and tear, which is accompanied by deterioration of the aesthetic and technical parameters of the property;
- violation by users of operating rules;
- lack of proper care and routine maintenance.
Faults that appeared after additional repairs or reconstruction will not be a sufficient reason to receive compensation from the developer.
Court decisions
Gray sales schemes in new buildings
Dispute with Lenspetsstroy LLC
How to sue a developer for a penalty
Penalty from the developer Dalpiterstroy
Violation of deadlines for delivery of the house by the developer
How to return money for an apartment if the contract was not concluded in accordance with No. 214-FZ
What requirements can be presented to the developer?
To solve the problem under consideration, the law establishes the following methods:
- elimination of deficiencies by the developer at his own expense;
- transfer of funds to the shareholder for repair work performed;
- reduction in the price of the policy in proportion to the expected costs.
Below, the listed possibilities are discussed in detail, taking into account the consideration of the dispute in the courts.
The first option attracts the convenience of drawing up an agreement and the absence of unnecessary worries. However, you will have to once again trust a company that did not fulfill its obligations. It should be emphasized:
- difficulty in monitoring the actions of contractors;
- possibility of violation of deadlines;
- lack of personal inspection of purchased materials.
When performing repairs on your own, it is not difficult to eliminate the noted deficiencies. The work can be done independently or using a contract. However, in any case, actual elimination of the identified defects will be required. To confirm costs in court, you must collect:
- cash receipts;
- statements from a personal bank account;
- written receipts;
- contracts with contractors.
If, in addition to repairs, other work is performed, they are documented in separate agreements. It is recommended to arrange payment in the same way.
This option offers additional benefits:
- repairs can begin after a positive court decision;
- it is not necessary to actually eliminate all identified defects;
- material costs may be less than an expert estimate.
How to force the developer to eliminate defects
In the worst situation, when the developer refuses to sign a report on the identified defects, it is necessary to formally record the problems. To do this, contact a specialized expert company that has a license to carry out the relevant work. A representative of the developer is invited to a joint inspection by written notification.
Submitting a claim
There is an opinion that the maximum period for submitting a claim to the developer is limited by warranty obligations (by law or in accordance with the text of the contract). This is not entirely true. The guarantee provides the shareholder with the opportunity not to prove that the defects arose through the fault of the developer. If the warranty has expired, then a claim can also be submitted, but the likelihood of its satisfaction is noticeably reduced.
The text must contain a specific list of shortcomings that need to be eliminated. If they require a penalty, then when calculating they take 1% for each day:
- from the cost of the apartment according to the contract for violation of the transfer deadline;
- from the total costs of repairs to eliminate deficiencies.
On our portal you can download a sample and a blank claim form.
Let's go to court
If the developer does not voluntarily eliminate the deficiencies, the only option left is to go to court. In the statement of claim, state the same requirements as in the complaint.
In addition to the costs of eliminating deficiencies, the application can indicate penalties for several items:
- violation of deadlines for the transfer of real estate, elimination of defects;
- compensation for moral damage and 50% of the total amount of the claim for refusal to comply with the legal demands of the consumer (Federal Law No. 2 300-1, Article 13, paragraph 6);
- reimbursement of expenses for professional expert assessment.
If the shareholder himself eliminates the defects, documents about the work performed and materials purchased are provided.
For your information! The statute of limitations for filing a claim is 3 years. You need to count from the moment the deficiencies are discovered.
Drawing up an application to the court
After the claim, you need to file a statement with the court (if the developer voluntarily refused to eliminate the deficiencies):
- describe the current situation,
- indicate deficiencies,
- you also have the right to file a claim for a penalty for failure to comply with consumer requirements, which is 3% of the contract price multiplied by the number of days of delay,
- you also submit demands for the collection of a fine in favor of the consumer,
- compensation for moral damage,
- and legal costs, if any.
In court, you may have to file a petition to order a forensic examination, which will confirm your arguments about deficiencies, and based on the expert’s opinion, a decision will be made in your favor. Afterwards, it is necessary for the developer to comply with this court decision; if this does not happen, then you need to contact the bailiff service, who will force the developer to eliminate the deficiencies.
