The purchase of residential real estate is regulated by the provisions of the Civil Code of the Russian Federation, Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” and Federal Law dated December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate…”. These rules require the developer to transfer the property to the buyer on the terms specified in the contract.
The text of the agreement specifies the cost, terms of transfer, characteristics of the object and warranty obligations after delivery of the house. This article will help you understand the responsibility of the developer, establish a warranty period for apartments, and competently submit a claim under an equity participation agreement in construction.
Important! If you yourself are dealing with your own case related to the developer’s warranty obligations, then you should remember that:
- Each case is unique and individual.
- Understanding the basics of the law is useful, but does not guarantee results.
- The possibility of a positive outcome depends on many factors.
What does a guarantee mean for an apartment in a new building?
According to Art. 7 Federal Law No. 214 “On participation in shared construction...”, developers are obliged to transfer to shareholders who have entered into shared ownership agreements apartments whose quality meets the requirements of the shared ownership agreement, technical and construction standards, projects and other requirements of the law.
The law obliges construction companies to provide a guarantee for the buildings they erect. If the shareholder identifies inconsistencies with the specified standards, violations of the conditions of the DDU, deficiencies, shortcomings and defects that qualitatively worsen the object, he has the right to present the developer with one of the requirements:
- eliminate defects within an adequate time frame;
- proportionately reduce the price of housing;
- reimburse the costs of self-removal of defects in the object.
Deadlines
The following developer warranty period has been established for an apartment building:
- for a finished construction project - at least five years from the date of transfer to the shareholder under the deed;
- for technological and engineering equipment (for example, elevators) - at least three years from the date of signing the first document on the transfer of the finished object.
In the agreement for participation in shared construction, the parties may provide for longer periods of guarantee . Often the roof of an apartment building is guaranteed for ten years.
Attention! If the contractor provides a guarantee for the result of the work for a shorter period than established in the DDU, responsibility for the functioning of the house and all systems falls entirely on the developer.
What does the developer guarantee?
Construction organizations, within the framework of warranty obligations, are responsible for all elements of the premises they delivered, including those whose construction and commissioning were carried out by contractors. Warranty coverage includes, but is not limited to:
- structural elements of the apartment, walls, window openings, floor slabs, internal utilities;
- structural elements of the new building as a whole, load-bearing walls of the building, roof, basements and foundation, stairs and stair partitions, doors, windows, floor slabs;
- utility systems, including gas and water pipelines, heating and sewerage systems, electrical wiring;
- technological equipment systems, for example, elevators, gas boilers, lighting fixtures and so on.
Windows in a new building freeze - reasons
- Poor ventilation and, as a result, high humidity in the room. Because of this, the inside of the window becomes covered with condensation and “cries.”
- Wide window sills.
- Poor quality installation of window systems.
- A unique design of glass bags.
- Unadjusted fittings.
- Low temperature in the apartment.
- Violation of the tightness of window units - the presence of gaps.
- Natural wear and tear of the polyurethane foam and the passage of moisture through it.
- Wear of the seals and, as a result, loose pressing of the sashes to the frames, blowing out of the windows.
What the warranty does not cover
Developers' warranty obligations apply only to defects caused by their fault. According to paragraph 7 of Art. 7 Federal Law No. 214, these obligations do not apply to deficiencies arising due to:
- normal wear and tear of new building elements;
- violations of facility operation standards;
- poor-quality home repairs carried out by the residents themselves, the contractors they hired or the management company;
- violation of the living conditions and operation of the new building;
- not related to the activities of the developer, for example, in connection with a natural disaster, military action or emergency situation.
Valid warranty for an apartment building
Part 1 of this article of the law on shared construction states that the developer is obliged to transfer to the shareholder an apartment (another object in accordance with the subject of the agreement), which corresponds to:
- the terms of the agreement for shared participation in construction (hereinafter referred to as the “DDU”);
- design documentation for an apartment building;
- technical, urban planning, and other specialized regulations, norms and standards.
Part 5 of the same article talks about warranty obligations. But there is no explanation of what exactly the warranty covers. But before we consider “warranty cases,” let’s pay attention to the defects that were identified during the transfer of the apartment.
The developer is released from liability if the shareholder accepted the apartment with all defects and signed the acceptance certificate for the shared construction project. Therefore, it is important to accept an apartment that fully complies with the terms of the contract and current technical and other regulations. Read about how to do this here.
But all other defects that are identified during the warranty period must be eliminated at the expense of the developer, provided that he is at fault for their origin. The warranty applies to utility networks, equipment, building structure and other elements under the contract. Most often, shareholders' dissatisfaction is caused by:
- leaks of water supply and drainage networks;
- cracks on main walls and partitions not associated with the natural shrinkage process;
- sagging floor slabs;
- freezing walls, corners, ceilings;
- non-functional window and door fittings (if installed under contract);
- subsidence of the building, destruction of structures;
- poorly functioning ventilation, heating system, electrical wiring and other engineering networks and communications;
- the appearance of fungus and mold, leaks of any origin (except for the fault of neighbors, Criminal Code - look for information about actions when flooding an apartment here).
In short, any defects that arise during the warranty period due to the fault of the developer are grounds for claiming under warranty. However, there is a list of defects that are not covered by the warranty.
Guarantee period
The obligations of the insurance company to eliminate problems arising due to its fault are valid during the warranty period specified by law. According to paragraphs 5, 5.1 of Art. 7 Federal Law No. 214, this period should be:
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- at least 5 years, in relation to structural elements of a new building. The specified period starts after drawing up the acceptance certificate with a specific shareholder, that is, for each of them the deadline for the warranty period will be different;
- at least 3 years for communication systems and other equipment. This period starts after the first tenant signs the acceptance certificate.
Note!
Federal law allows the insurance company to independently increase the warranty period, including for individual parts of the facility. For example, for roofs it can be 10 years, for elevators – 15 years, and so on.
For components
Individual parts - 3 years. Full glass unit - 5 years.
According to GOST 30777-2001 “Tilt-and-turn devices for window... units”, the period for submitting a request for replacement parts is 3 years from the date of delivery of the product to the buyer. The duration of the warranty for window installation is the same, that is, you have the right to replace plastic (wooden) frames within the same 3 years from the date of installation.
Another question is how long is the guarantee for double-glazed windows: for them it is longer: as much as 5 years from the date of installation. This is stated in clause 10.3 of GOST 24866-2014 “Glued double-glazed windows. Technical conditions".
Obligations to eliminate defects
The law gives the shareholder under the DDU the right to demand free repair of housing defects within an adequate time frame if they arose due to the fault of the builders. This requirement should be submitted in the form of an application.
If these defects are identified at the stage of putting the house into operation, it is recommended to draw up a report of discrepancies in the presence of a representative of the construction organization.
If he refuses to sign the act and does not agree with the claim, it is recommended to order an independent examination of the defects from a specialized expert and force the developer to eliminate them through the court. At the same time, until they are eliminated, the shareholder has the right not to sign the acceptance certificate - clause 5 of Art. 8 Federal Law No. 214.
Note!
If the identified violations are significant or the developer did not correct the poor-quality work within an adequate period of time, the shareholder, in accordance with clause 3 of Art. 7 Federal Law No. 214, has the right to refuse its obligations, cancel the previously concluded DDU and demand a refund of the money for the apartment. In addition, paragraph 2 of Art. 9 Federal Law No. 214 allows you to recover compensation.
How to make a claim to eliminate defects
If defects occur in the finished object, the shareholder has the right to demand the following during the warranty period :
- eliminate deficiencies free of charge within a reasonable time;
- reduce the contract price;
- reimburse your expenses for eliminating deficiencies.
Attention! When, after the delivery of the house, the developer is declared bankrupt, all claims must be sent to the appropriate SRO, which has accepted responsibility for bearing warranty obligations.
The claim can be individual or collectively made by several residents . The document must be drawn up in writing. You can send it by mail to the legal address of the developer by registered mail with acknowledgment of receipt and a description of the attachment. Another method is to submit it to the office. In the latter version, the claim is drawn up in two copies: for the developer and the buyer. On the copy of the complainant, the authorized representative of the recipient puts the date of receipt of the document, the entry number and the signature of the person receiving it.
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The claim is made arbitrarily, but the following information must be included in it::
- name, details, address of the sender and recipient;
- reference to the date and number of the equity participation agreement;
- the nature of the identified deficiencies (as evidence, you can attach photographs or a disc with video footage);
- specific requirement and deadline for its implementation;
- reference to the rule of law that should be followed (it is desirable to indicate, but not required);
- calculation of the penalty and indication of bank details for transferring money;
- date and signature of the compiler(s).
In the event of a significant violation of the requirements for the quality of the house or failure to eliminate the deficiencies within a reasonable period established by the buyer, the shareholder may unilaterally refuse to fulfill the contract. He is required to return the money paid and the interest provided by law.
How to write an application
An application to the construction organization is drawn up by the shareholder in free form. In it, the shareholder must indicate:
- full names of the parties;
- circumstances preceding the claim: date of conclusion and details of the DDU, deadline for delivery of the object;
- the essence of the application is an inventory of identified violations on the part of the developer, links to an independent examination, a requirement to eliminate the identified defects in accordance with Art. 7 Federal Law No. 214;
- a reasonable period within which the development company is obliged to eliminate the defects.
It is recommended that the application be submitted to the developer in person, with the obligatory indication on the second copy of the date and number of incoming correspondence, or sent by mail with a list of investments and notification of receipt.
How to make a claim
Don’t be afraid to talk to a developer’s representative regarding the identified defects. Either one owner or a group of residents can file a claim for construction work. The last thing to do is to draw up a collective demand. When filing an application with the court, a similar procedure applies.
The procedure for contacting the developer with a corresponding complaint is as follows:
- Record identified deficiencies through photography or video.
- Prepare a claim in writing. In the text, list the existing defects and how to detect them.
- Provide links to regulations, provisions of the Civil Code of the Russian Federation and other documents confirming the validity of the requirements.
The completed paper should be handed over to the developer. This can be done in person or by sending a registered letter.
Important: prepare a copy of your application. A representative of the construction company must put a note on it indicating receipt of the original paper indicating the date. The developer will provide a response within 10 working days.
Based on the provisions of the Civil Code of the Russian Federation, the developer may ask for a longer period to carry out the necessary inspections. To avoid this, support your claim with paper from the Criminal Code. The latter should indicate whose area of responsibility the identified defects fall.
If the developer refuses to fulfill his warranty obligations, legal proceedings must be initiated. Its result may be not only holding the developer accountable, but also paying him monetary compensation to the residents of the apartment building.
How to check windows in a new building
Evaluate the quality of glazing in a new home, focusing on the following points:
- Protective film . Conscientious developers remove the film with the manufacturer's logo from the window frame to preserve the visual appeal of the product. Under the influence of sunlight, in 2.5–3 months the film can “grow” to the profile so much that it will be impossible to remove it. When moving into a new apartment, the protective film should be removed from the windows first.
- Functioning of the window system . Check whether the sashes are sagging due to improper installation of the plastic window. Open them wide without holding them. Does the sash move under its own weight? The design is not made to the level, and this is fraught with sagging of the sashes and, as a result, freezing of the window, rapid damage to the fittings, and creaking.
- Tightness of the window block . Close the window and create a draft in the room by opening the front door. If the sashes do not fit tightly to the frame, the window system will whistle. This product allows cold to pass through and does not retain heat in the room.
- Corner connection at the bay window . As a rule, the developer installs a metal corner on the bay window, rather than a special and more expensive connection that meets technological standards. In this case, glazing is not able to provide sufficient energy savings. To prevent the frame from blowing out, residents have to seal the profile with a metal corner using cotton wool and construction tape.
Replacing PVC windows in a new building is a necessity that many owners of new apartments face. You can replace your glazing with high quality, at an affordable price and for many years by contacting our company.
Complaint to the developer.
A warranty claim to the developer must be made in writing. It can be individual or collective.
Documentary evidence of the presence of defects (photos, videos, examinations, reports from specialists, etc.) must be attached to the complaint.
The claim must indicate:
- information about the construction company to which it is addressed;
- information about the applicant;
- details of the concluded agreement;
- identified defects;
- references to violated laws and regulations;
- requirements for the developer.
The claim is personally submitted to the developer’s representative or sent by a valuable letter with notification. It identifies all applications that prove the presence of defects.
The property owner may have the following requirements:
- elimination of defects;
- compensation for expenses associated with identified deficiencies;
- reduction in property values.
The developer is given 10 days to consider the complaint. In some cases the period may be extended.
The Company must carefully examine the claim and determine whether the defect is covered by the warranty or whether its elimination is the responsibility of the Management Company.
The applicant must receive a response from the developer in writing. If it states that responsibility lies with the management company, then the owner must write a statement to the company and attach the developer’s decision received.
Complaint to the prosecutor's office against the management company.
Elimination of defects.
If the developer agrees to eliminate the identified defects, the time for completing the work is negotiated separately.
The legislation does not have clear deadlines given to companies to correct violations. The decision is made on an individual basis.
The complexity of the work may influence the period of elimination. In most cases it is up to 1 month.
Summary
To summarize, we can say that the responsibility of the construction company does not end after the delivery of the house. If damage is detected, apartment owners have the right to demand that deficiencies be corrected within the time limits specified by law. If a construction company refuses to carry out repairs at its own expense or other disagreements arise regarding the developer’s warranty obligations, we recommend that you seek advice from a qualified lawyer.
Sources
- https://pravoved.ru/journal/garantijnye-obyazatelstva-zastrojshchika-posle-sdachi-doma/
- https://PoPravu.club/tovar/garantiya/informatsiya/obyazatelstva-zastroyschika.html
- https://stroimprosto-msk.ru/stati/garantijnye-obyazatelstva-zastrojshhika-posle-sdachi-doma/
- https://Pravda-Zakona.ru/article/garantiya-na-mnogokvartirnyj-dom.html
- https://viplawyer.ru/garantiya-zastrojshhika/
- https://zakonguru.com/zpp/uslugi/garantii-zastrojshhika.html
- https://stroimprosto-msk.ru/stati/garantiya-zastrojshhika-na-mnogokvartirnyj-dom-dejstvuyushhij-normativ/
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Developer's warranty
The issue of warranty obligations of a construction company is regulated by federal law. It specifies the deadlines and defects of the structure to which these obligations apply.
Legislation and current regulations
- Law on Consumer Protection:
- Article 18 - steps taken by citizens in case of purchasing goods of inadequate quality;
- Art. 20 — rules for eliminating identified deficiencies;
- Art. 23 - penalty.
- Federal Law No. 214 “On Shared Construction”, Art. 7 lists the guarantees provided for in the remote control agreement.
- Civil Code of the Russian Federation:
- Art. 469–478 - about the quality of goods, warranty periods, completeness;
- Art. 722–724 - periods of discovery of deficiencies in the contractor’s work;
- Art. 754–757 - guarantees, deadlines for identifying deficiencies in the work of a construction contract, liability.
How to force the developer to fulfill warranty obligations
If defects are detected during the 5-year warranty period, in accordance with clause 6 of Art. 7 Federal Law No. 214, first of all, the shareholder is recommended to send a written demand - a claim - to the construction company for their elimination on time.
If there is no response to the claim, or the demands are partially satisfied, or the shareholder was denied, he has the right to file a lawsuit with a similar demand.
In addition to the requirement to eliminate the defect, if the reasonable period established by the equity holder for eliminating the specified defect is missed, the guarantee for the new building by law gives the right to demand the recovery of a penalty from the developer.
It is calculated at the rate of 1% for each day overdue by the development company from the expenses that must be incurred to repair the discovered defect or from the cost of the shared construction project, if the identified defects do not allow living in the apartment - clause 8 of Art. 7 Federal Law No. 214.
ATTENTION!
Due to recent changes in legislation, the information in this article may be out of date!
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