Where to complain about a developer in the Moscow region

Normative base

The activities of organizations in the construction sector are regulated by current legislation. In particular, the Law of December 30, 2004 No. 214-FZ sets out the standards for carrying out construction work. After putting the house into operation, the developer and the owner sign a transfer and acceptance certificate. He confirms that there are no complaints about the quality of the received object. After signing the document, the shareholder automatically releases the developer from further obligations. For example, if the deed is signed, and upon acceptance it was discovered that the area of ​​the apartment specified in the contract is actually smaller. In the future, it will be problematic to substantiate your claims.

If the new building does not meet the quality approved by the state standard, then the citizen can express his complaints to the developer before signing the act.

According to Art. 29 of Law No. 2300-1 “On the Protection of Consumer Rights”, dissatisfied shareholders may demand:

• free elimination of deficiencies in the work performed;
• reducing the cost in proportion to the volumes completed;
• compensation for losses associated with identified violations;
• compensation for expenses spent on eliminating identified deficiencies.

The procedure for considering citizens' claims is regulated by the law of May 2, 2006 No. 59-FZ “On the procedure for appeals from citizens of the Russian Federation.” Organizations cannot independently change the regulations and deadlines for considering received applications. This may infringe on the rights of citizens.

State control body in the field of construction

In accordance with Art. 23 of Federal Law No. 214-FZ, the area of ​​shared construction is subject to state control by authorized bodies. They are responsible for a wide range of tasks, of which the following will be especially useful for defrauded investors:

• control over the developer's intended use of funds received from participants in shared construction;
• acceptance and consideration of complaints from individuals and legal entities filed on issues within the competence of the body;
• carrying out a comprehensive audit of the developer’s activities and reporting;
• sending instructions to developers to eliminate violations they have committed;
• implementation of measures to bring unscrupulous developers to liability as provided by law;
• sending to law enforcement agencies materials identified during inspections and related to facts of criminal violations;
• exercise of powers to appeal and protect the legal rights and interests of defrauded shareholders in court.

Supervisory services and bodies operate at both the regional and federal levels. And it is recommended to choose the territorial department as the first instance of appeal. Otherwise, a higher authority may redirect the appeal to the supervisory service for the subject, which will significantly delay its consideration.

How to write

It is not difficult to write a complaint to the departmental control authority. To do this, you need to submit an appeal in the form of an official statement:

• draw up a standard “header” in the upper right corner, in which indicate the name of the competent authority, its location, full name and address of the applicant;
• describe the essence of the problem (briefly, succinctly, listing significant facts and dates);
• put the date of submission and your personal signature*.

* - if the complaint is sent by mail, the signature must be certified by a notary.

You can read about the rules for drawing up official complaints in the article “How to write a complaint correctly”

Territorial authorities

You can usually file a complaint with the regional or city branch of the authorized service in three ways:

1. Bring it in person (to a public reception or to a specialist from the relevant department/department).
2. Send by mail (it is recommended to use additional services of the Russian Post, which allow you to control the path and moment of delivery of the letter to the addressee, or contact a courier service).
3. Send the appeal through a representative acting on the basis of a power of attorney or powers assigned by law (if the interested person is deprived or limited in civil capacity).

Addresses, telephone numbers, hours and reception procedures of regulatory authorities can be found on their Internet portals.

It is convenient to find the official websites of authorized departments and their branches in the constituent entities of the Russian Federation using the electronic service of the fund214.rf portal. To do this, you need to go to the menu item “For developers” and “Controlling authorities”, and then in the line “Regions” open the list of entities from which to select the one you need. After this, the user will see a list of competent departments with an active link to the corresponding web resource.

Residents of Moscow and the Moscow region, for example, can contact the following authorities:

1. Moscow Committee for ensuring the implementation of investment projects in construction and control in the field of shared construction (mos.ru/invest/contacts/) - 125009, Moscow, Vozdvizhenka street, building 8/1, building 1.
2. Ministry of Construction Complex of the Moscow Region (msk.mosreg.ru) - 143407, Moscow Region, Krasnogorsk, Stroiteley Boulevard, 4, bldg. 1, section “G”, (hot line).
3. Minister of the Construction Complex of the Moscow Region - Sergey Aleksandrovich Pakhomov - 143407, Moscow Region, Krasnogorsk, Stroiteley Boulevard, 4, bldg. 1, section “G”, 7 (495) 668-00-55.
4. Department of State Control of Shared Construction (head - Yuri Petrovich Kovalev), add 56474.
5. Office for organizing the completion of construction of problematic facilities (Vladimir Ivanovich Borzenko), add 56008.
6. Office for recognizing citizens as victims and maintaining their register (Sergey Aleksandrovich Filippov), add 56396.

You can also complain to the Ministry of Construction Complex of the Moscow Region in electronic format. To do this, the shareholder needs to follow the link msk.mosreg.ru/#ask-popup and fill out the electronic form with the following data:

• Full name of the applicant;
• address (postal or email, depending on the selected option for receiving a response);
• essence of the question.

You can attach files no larger than 10 MB to your email request.

Ministry of Construction

The Ministry of Construction is open to citizens’ requests through the following communication channels:

1. Telephone (for Moscow and the region), 7 (800) 222-85-80 (toll-free in Russia), (operational duty officer).
2. Fax ,.
3. Personal reception of the Minister of Construction - at the Reception Office of the Government of the Russian Federation: 103274, Moscow, Krasnopresnenskaya embankment, 2, building 2 (pre-registration is available at the specified address from 9:00 to 17:00 from Monday to Thursday and until 16:00 on Friday).
4. Personal reception by Deputy Ministers - at 127994 Moscow, st. Sadovaya-Samotechnaya, 10/23, building 1 (registration is made through an electronic form on the Ministry of Construction website or by calling 7 (495) 647-15-80 ext. 61025, 61028.
5. Feedback form on the official portal of the Ministry - minstroyrf.ru/openworld/#contacts.

To submit a complaint through the electronic form of the site, a participant in shared construction must select his status - an individual or a legal entity (a separate form is provided for each of them).

Next, the individual indicates:

• FULL NAME;
• email or address (it is necessary to indicate the contact information to which the applicant will expect a response);
• subject of the appeal (“Electronic complaint regarding inspection issues” or “Make an appointment”);
• text of the statement.

For legal entities, the following information is required to be filled out:

• Full name of the applicant;
• full name of the company;
• email;
• outgoing letter number;
• date of.

Electronic files of no more than 4 MB in size can be added to the electronic appeal.

Reasons for filing

You can complain about a dishonest developer for the following reasons:

This list is not exhaustive and there may be other reasons for filing a complaint.

Reference! A claim against a construction organization is accepted only if there is evidence.

What it is

A developer is an organization that is engaged in the construction of various objects with their subsequent transfer to a third party (the equity holder). Cooperation with a legal entity is regulated by a share agreement and current legislation.

But not all developers regularly follow the rules and regulations prescribed in laws and contracts. There are scammers who take money but do not start construction. Other organizations perform their duties in bad faith or delay the procedure for transferring documents to an apartment.

If the rights of citizens are violated, it is allowed to write a complaint against the developer. If the claim is accepted for consideration, the organization will face administrative liability in the form of a large fine (the amount of the penalty depends on the type of violation).

Main concepts

A complaint is one of the forms of appeal to various authorities. The purpose of filing is stated in the claim, which distinguishes it from other documents. Demands are usually presented in the form of a request (for example, I ask you to initiate a case). The paper is created in free form, but with a clear structure.

Ways to file a complaint:

• When visiting the authority in person . You must make an appointment with an official or submit a document to the secretary. The second copy of the claim, which remains with the applicant, is stamped with a delivery stamp.
• Through electronic programs . There are special websites where you can fill out a ready-made complaint template. Applications are registered automatically. The review is carried out on a general basis. The answer can be received by email.
• Via registered mail . This method takes several days, even if delivery is carried out in one city.

Complaints are registered in one database, regardless of the method of filing. 30 days are allotted for consideration of the claim, after which the citizen receives a response. If more time is required, the applicant will be notified.

The legislative framework

The activities of the developer are regulated by the current legislation. Thus, the standards of construction work are prescribed in Federal Law No. 214. If the quality of a new building does not meet state standards, then a citizen has the right to file a complaint against the developer. Every Russian can make a claim. This right is enshrined in the Constitution.

Complaints can be individual (submitted on behalf of one person) or collective (signed by several people). The procedure for reviewing documents is regulated by Federal Law No. 59. Some services may change the norms established by law, but do not have the right to infringe on citizens. So if the lines of consideration change, then only in a smaller direction.

On what grounds is it filed?

A citizen can complain about any actions of developers. But a claim without evidence is simply not accepted for consideration. Such papers only take up the time of employees of authorized services.

Common grounds for filing complaints:

• Unsatisfactory quality of the object. If the shareholder notices poor quality work, then this must be reported to the appropriate authorities.
• Violations of the agreed deadlines for the transfer of buildings. Delaying the delivery of a house is permitted only with the prior conclusion of an appropriate agreement. If the violation of the deadlines was not agreed upon in advance, the developer pays a fine for each day of delay.
• Violations of regulations and government standards.
• Other reasons specified in the contract.

Often, complaints about an unscrupulous developer are received after the owners have moved in. Some shortcomings appear in certain conditions (for example, residents find out about a leaky roof when it rains). The developer is obliged to eliminate deficiencies at his own expense, but not all organizations regularly fulfill their responsibilities. To achieve justice, you will have to file a claim.

Writing rules

The complaint is drawn up in compliance with certain requirements. Otherwise, the document will not be accepted for consideration, and the problem will not be resolved.

Rules for writing a complaint:

• You are required to provide personal information – last name, first name, patronymic, residential address. To speed up the review process, it is recommended to write your phone number.
• You should sign at the end. Otherwise, the complaint relates to anonymous documents and is not considered.
• The problem should be described in as much detail as possible. It is required to indicate in the complaint the details of the contract and other documents that must be attached to the complaint.
• It is prohibited to use obscene language, insults, or blackmail. If in a document the applicant uses quotations with obscene expressions, then censorship should be provided for swear words.

If you read all the rules in advance, there will be no problems with accepting your application. It is also recommended to study an example of a complaint to understand what the document should look like.

Sample complaint against the developer

The claim is drawn up in free form, but the unspoken structure is observed. To understand what the application looks like, you should familiarize yourself with the sample:

List of mandatory complaint details:

• First, information about the service where the document is sent is indicated;
• Next, enter your data (full name, address, telephone number);
• Then the essence of the problem is described (it is important to provide detailed information with references to the law and evidence of guilt);
• Then the applicant's requirements are described;
• In order for the application to be accepted for consideration, supporting documents must be attached;
• At the end there is a date and signature.

It is required to make 2 copies of the complaint. If a collective claim is being written, then all applicants must sign. When a citizen provides false information, the review of the document is paid for by the applicant himself.

Sample complaint against the developer

To resolve a controversial issue, you need to follow simple rules for filing a claim.
The document is drawn up in writing. You are allowed to fill it out yourself or using a printing device. You cannot write insults or use blackmail. Only in this case can we say with confidence that the application will not be refused. There is no approved complaint template.

The structure of the document should have the following points:

• name of the institution where the application is sent;
• information about the applicant (full name, address, telephone number);
• details of the agreement with the developer;
• the essence of the problem that has arisen (specific violations committed by the contractor are indicated with reference to the law);
• the applicant’s requirements, for example, to carry out an inspection and replace windows free of charge (you can specify a deadline for completing the work);
• date and signature of the disgruntled shareholder.

The application must list all available evidence that will be attached to the application for a speedy consideration of the issue.

Download a sample complaint against the developer for late delivery of the house

When drawing up a collective complaint, the signature of all citizens who applied is affixed. Some defects may not be immediately detectable. Even new homes can develop problems after a certain period of time. For example, due to indoor humidity, citizens cannot remove mold from the walls. Or, residents will only find out that the roof is leaking after they move in. In this case, a claim is made for poor quality construction.

Help from a lawyer

Preparing a complaint against a developer is not an easy task, since it requires a correct indication of the violations committed with reference to specific rules of law. Our lawyers are always ready to help in this matter, by

• consulting on filing a complaint, protecting the rights of the applicant;
• preparing a complaint to certain authorities;
• representing the interests of the applicant in relations with the developer and supervisory authorities.
• and providing other necessary assistance.

By contacting our lawyers specializing in this category of cases, you can be sure that an exhaustive list of measures to protect your rights will be taken in your interests!

Warranty period

In Art.
7 of Law No. 214-FZ determines that the developer, when transferring a construction project, guarantees its quality. The warranty period for the building structure is 5 years, for technical equipment – ​​3 years.

During this time, the organization undertakes:

• eliminate identified deficiencies free of charge;
• make a discount on the purchase in proportion to the detected defects;
• pay the owner's expenses spent to eliminate them.

If the developer refuses to comply with the shareholder’s demands, then a complaint is filed for failure to fulfill warranty obligations.

Download a sample claim to the developer for elimination of defects under warranty

In case of bankruptcy of the developer

If the developer’s company was declared bankrupt in accordance with Federal Law No. 127-FZ, the shareholder can count on the following from the Fund for the Protection of the Rights of Citizens Participating in Shared Construction:

• receiving monetary compensation;
• continuation of construction of a problematic facility by attracting a new developer.

The result obtained (refund of funds or completion of construction) depends on the decision made by the shareholders at the meeting. After reaching a common opinion, the participants in shared construction notify the Fund, which within two weeks on its official portal posts information about the date of receipt of applications, their form and the procedure for submission.

To receive proper compensation, the shareholder applies to the Fund before the end of the developer’s bankruptcy proceedings with the following documents:

• an application in the form established by the Foundation;
• passport of a citizen of the Russian Federation;
• an extract from the register of creditors' claims containing data on the composition, size and priority of satisfaction of claims.

Payment of funds is made to the applicant within ten working days.

Foundation contact information:

1. Address - 125009, Moscow, st. Vozdvizhenka, 10.
2. Phone -8.
3. The official Internet portal is fund214.rf.
4. The link to submit an email is fund214.rf/message_us/.

In GZHI

A complaint is sent to the housing inspectorate if the rights of the shareholder specified in the contract are violated. Most often, a controversial situation arises when renting out a house.

A dishonest contractor may require payment of utilities. It is worth clarifying here that from the moment the house is put into operation until the transfer and acceptance certificate of the residential premises is signed, the developer must pay utility bills. The shareholder's obligation to pay for housing and communal services arises after signing the transfer deed (Article 153 of the Housing Code of the Russian Federation). The new owner enters into an agreement with the management company and makes payment for the services consumed. The organization also considers issues if violations concern the connection of the facility to city communications.

Reasons

Cases during the construction of an apartment building can be completely different, and sometimes unique. After all, the construction process includes many different stages, where mostly people operate - it turns out that it is almost impossible to insure yourself against the human factor. Depending on the nature of the problem, your complaint will be referred to the specific authority that deals directly with the issue(s) you are dealing with (or similar issues). Naturally, you need to know what could be a good reason for you to submit this appeal .

• There is no project - it was not published, it was not declared;
• Illegal and unplanned extensions that “suddenly” appeared in a project that had long been approved and not subject to change;
• There is no permit for the construction of the building;
• The developer does not have a license or other documents permitting construction;
• You were asked to pay illegally for utilities before the house was delivered;
• Doubts or problems arise in connecting the house to the city communications network;
• You wrote a claim to the developer to collect a penalty, but they ignored you;
• An outright case of fraud - the developer does not answer calls and has completely “disappeared”;
• Your funds paid for your share in the construction were spent on something else;
• Poor quality finishing of the purchased housing (if delivery with finishing was indicated);
• Sanitary conditions and housing standards are not met;
• The deadline for delivery of the finished house is delayed, and the developer does not provide any documents in this regard, but feeds them “breakfast”.

As you can see, the list is quite large. Unfortunately, the risk of ending up in one of the above situations is quite high, even when you choose a trusted company to implement your project.

To Rospotrebnadzor

The institution deals with complaints related to violation of consumer rights. Owners of new housing can contact Rospotrebnadzor if poor-quality repairs to the premises are detected, sanitary construction standards are violated, or the terms of the signed agreement are not met. You can also go here to check the correct distribution of funds from shareholders.

Download a sample complaint to Rospotrebnadzor against the developer

Sample application for a developer to the prosecutor's office - questions for a lawyer - 2020

I am a participant in the shared construction of a residential building located at the address: St. Petersburg, Frunzensky administrative district, South of the Volkovka River, block 21, Dimitrova street, in front of houses No. 3-2,3-3,3-4 (residential complex "Cassiopeia") on the basis of a share participation agreement.

According to the terms of this agreement, the initial completion date for the construction of the house was set at August 2006. By order of the governor, this period was extended until December 2007. According to observations of the construction progress, construction of the house began in May 2004.

At the moment, the monolith house is one-third completed, which allows us to conclude that this construction completion date will be missed this time too. Checking information from the developer ZAO ISK Istochnik-Stroy - General Director Shakira Miron Anatolyevich - about the reasons for repeated delays in the construction of the house - June 27, 2006

I contacted the socially significant company JSC Lenenergo, since the developer refers to this company in all construction delays (Appendix No. 1-1). In response, I received an unsubscribe (Appendix No. 1-2). In an attempt to understand the situation with my construction project, on May 24, 2006, I contacted the State Construction Supervision and Expertise Service (Appendix No. 2-1).

In response, I also received an unsubscribe (Appendix No. 2-2), despite clause 3.20 of the Decree of the Government of St. Petersburg on the organization of the Construction Supervision Service. On June 15, 2006, the shareholders of our slowly being built house sent a collective letter to the developer (Appendix No. 3-1).

The response received amazes the developer’s confidence in his impunity for repeated failures to meet construction deadlines. (Appendix No. 3-2), as well as the discrepancy between the developer’s classification of my shared construction agreement and its actual content.

On the eve of the city authorities making a decision to postpone the completion of the construction of the house, I contacted the Construction Committee of St. Petersburg. (Appendix No. 4-1). The response of the Construction Committee is surprising in its illogicality. (Appendix No. 4-2). What does the readiness of the RT-4 substation in December 2006 have to do with the postponement of the completion of the construction of the house to December 2007? If the house at the time of making this decision was not ready even as a monolith

and one fourth part.

In connection with all of the above, I ask: 1. Conduct a legal examination of my equity participation agreement for its actual compliance with the legislation of the Russian Federation. 2.

To provide a legal assessment of the actions of JSC Lenenergo in working with participants in shared construction, who paid for this construction with their own personal funds. 3. Give a legal assessment of the actions of the State Construction Supervision and Examination Service of St. Petersburg.

Since, in essence, this service has withdrawn from monitoring compliance with construction deadlines by the developer. 4. Give a legal assessment of the actions of the Construction Committee - which actually creates a favorable environment for unscrupulous developers. 5.

We suggest you read: Appeal fee

confidentiality of information about the undersigned applicant.

Today, there are often cases when citizens are faced with the problem of a developer’s failure to fulfill its obligations.

Having found yourself in such a situation, you first need to try to resolve everything peacefully, and only then, in accordance with the Law “On the Protection of Consumer Rights” and the Law “On Equity Participation”, file a complaint against the developer with the competent authorities in order to defend your constitutional rights.

If the conflict with the developer could not be resolved peacefully, you should figure out whose area of ​​responsibility lies in the further resolution of this problem.

1. You should contact the state housing inspectorate with a complaint against the developer if they are not provided with the keys to the apartment and the acceptance certificate, but they are already charged for utilities.
2. The police should be contacted if there is evidence of fraud, for example, a house is being built on a site where construction is prohibited.
3. The regional construction department is contacted with complaints about violation of the deadline for putting a house into operation, as well as if construction is frozen.
4. Settlement of disputes between shareholders, payment of compensation for failure to meet construction deadlines, reimbursement of costs for eliminating construction defects - only the court has the right to resolve such issues.
5. Rospotrebnadzor is engaged in control in the field of consumer rights. If you need to file a claim in court, you should contact this government agency for help.

If the construction of a building is carried out without the appropriate permit, if the house is erected contrary to the project, a complaint should be filed against the developer with a requirement to eliminate construction defects free of charge or reduce the cost of the object to the state construction supervision inspectorate.

This body, whose powers operate at the regional level, receives complaints against construction companies about their violation of laws on urban planning, ignoring technical regulations, design documentation and fraud with money.

According to Part 2 of Art. 23 of Law No. 214, the controlling body is the authorized government body of the constituent entity of the Russian Federation on whose territory the construction is being carried out. The State Construction Supervision Inspectorate has the right to:

• control the attraction of cash deposits by the developer,
• send mandatory instructions,
• hold accountable for failure to comply with the letter of the law,
• apply to the courts on behalf of shareholders to protect their rights,
• send materials to the competent authorities to initiate criminal cases against developers.

Rostechnadzor

A complaint to construction supervision against a developer is one way to hold the unscrupulous management of a construction company accountable if it does not fulfill its obligations to build a residential building.
It is submitted to the territorial construction supervision inspectorate for the area (region) of the location of the facility under construction. Relations arising between a company that has undertaken to build a house and a person who invests money in such construction with the aim of obtaining an apartment in this house in the future are regulated by the norms of Federal Law No. 214-FZ “On participation in shared construction”.

These are not only indicators of the noise created by the construction site, but also video recording of the construction site during off-hours. The court has the right not only to punish violators with rubles, but also to stop construction for three whole months. The adventures of the builders will not end there. After the court’s decision, the police, the council and all other interested government officials will carefully check whether the development company has the necessary permission to carry out construction operations at night.

At night, the sound level should not be louder than a normal conversation, that is, no more than 45 dBA.

If there is negative information or information about fraudulent schemes, then the developer is unscrupulous and an agreement should not be concluded with him.

• Find out about existing lawsuits involving the developer. This information can be found on the website “My Arbitrator” or GAS “Justice”. If the developer is a defendant in cases of recovery of large sums, then you should not enter into an agreement with him either, since after foreclosure on the developer’s property, he may not have any funds left for the construction of a house.
• Where should defrauded investors go? Having fallen into the clutches of unscrupulous developers, participants in shared construction often do not know how to behave correctly in such a situation.

In this regard, it must contain reasonable information, preferably with references to legal norms indicating specific violations of the developer.

After the application has been written, it must be submitted to the inspection in one of the following ways:

• through Internet resources, including on the official website of a government agency or through the personal account of the State Services website;

• by post (must be sent by registered mail);

• by personal contact to the territorial authority.

A complaint to Stroynadzor against a developer can also be submitted orally by calling the hotline.

In order for a filed complaint to bring results, and for the guilty developer to be held accountable, it must be competently and professionally drawn up.

Info

Complaint against the developer to the building supervision inspectorate

If the complaint against the developer is collective, then all persons whose rights were violated are indicated in the header and the “signature” column.

Here they will open a case, conduct an inspection, if necessary, involve their subcontractors from other departments, and if the facts stated in the application are confirmed, a trial and punishment of the perpetrators will follow. The prosecutor's office in each city is responsible for overseeing compliance with the law in a variety of areas.

Attention

Please note: If the complaint contains knowingly false information, the costs incurred for its consideration may be recovered from the applicant himself. After the state construction supervision inspection has considered a complaint against the developer, appropriate measures are taken.

If violations are detected, an act is drawn up obliging the developer to eliminate them.

Housing construction is carried out at an active pace even in times of crisis. But it is rare that a developer fulfills all the terms of the contract and legislation without any violations.

Some companies, even having committed violations, try to resolve issues and resolve problems as quickly as possible, but more often they simply do nothing.

In this case, the participants in the shared construction agreement have the opportunity to file a complaint against the developer with various authorities.

How to write a complaint to Rospotrebnadzor if you were sold a product of inadequate quality or provided a poor-quality service?

What should be included in such a complaint?

Below you will find not only the rules for writing this document, but also its sample.

In addition, administrations are obliged to consider complaints when developers violate the rules of improvement during the construction of projects.

The procedure for sending complaints to the administration is discussed in detail in the COMPLAINTS TO THE ADMINISTRATION (CITY HALL) SECTION.

Self-regulatory organizations of developers (SROs) are associations in which all construction organizations constructing capital construction projects are required to belong. They have the right to consider complaints (applications) against their members and take disciplinary measures against them for violations of construction and urban planning legislation, up to and including suspension of activities.

The procedure for considering complaints about the actions (inaction) of members of a self-regulatory organization and other appeals received by a self-regulatory organization is approved by the internal documents of the organization.

• Lack of communication networks in the rented house.
• Spending of shareholders' money by the developer for personal purposes (there must be evidence of a violation).
• Refusal of the developer to pay a penalty for delay in delivery of a construction project.
• The developer's refusal to consider the complaint for the above reasons and unwillingness to make contact.

This list may be supplemented depending on the situation, but, as a rule, the above grounds are the most popular for appealing to higher authorities.

For the purposes of this article, a developer is understood as an organization defined as a developer in accordance with clause 1 of Art. 2 of the Law “On participation in shared construction of apartment buildings and other real estate…” dated December 30, 2004 No. 214-FZ (hereinafter referred to as Law No. 214). The norm under consideration specifies, in particular, the following requirements for the developer:

• 3 years of experience in building houses with a total area of ​​at least 10,000 square meters. m;
• legal availability of land;
• indication in the name of the words “specialized developer”.

According to Part 2 of Art. 23 of Law No. 214, the controlling body is the authorized government body of the constituent entity of the Russian Federation on whose territory construction is carried out. In accordance with Part 6 of the article in question, the specified supervisory authority, in particular, is authorized to do the following:

• control over the actions of the developer to attract funds from shareholders (clause 7);
• sending mandatory instructions to the developer (clause 9);
• taking measures to bring violators to justice (clause 10);
• appeal to the courts to protect the rights of shareholders (clause 11);
• sending materials to government agencies to initiate criminal cases against officials of developers (clause 11.1).

We invite you to familiarize yourself with: Postings for creating a reserve for doubtful debts

According to clause 3, part 11, art. 23 of Law No. 214, receiving complaints from citizens and organizations is the basis for conducting an unscheduled inspection of the developer. At the same time, according to Part. 15, 16 of this article, a government agency may also apply to the court to suspend or terminate the activities of the developer.

Grounds for complaints

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Request a consultation via the form.
• Use the online chat in the lower corner of the screen.
• Call:

• Moscow region: +7
• Leningrad region: +7

All grounds for a complaint against the developer can be divided into three types - according to the competence of the authorities that will accept your applications.

So, we figured out that filing a complaint against the developer is a way to motivate the developer to work better and more efficiently. But it is worth considering that in some cases a complaint against a developer can also serve as an excellent argument in negotiations with the company’s lawyers. For example, you plan to return a penalty for late delivery of a house. Lawyers refuse. Feel free to prepare a complaint against the developer (download a sample here) and bring it to the company’s legal department. After familiarizing yourself with it, many developers are more likely to meet you halfway and try not to bring the matter to the intervention of law enforcement and regulatory authorities.

State construction supervision

This body is a state inspection (GISN), operating at the level of a constituent entity of the Russian Federation. It controls the construction (including shared construction) and reconstruction of apartment buildings and other capital facilities.

The inspectorate accepts complaints about the developer’s failure to comply with laws governing urban planning, technical regulations for development, and its design documentation. It also ensures that developers do not violate the law when raising money for shared construction. For example, you can declare to GISN if:

1. The developer does not have construction documentation or the necessary permits.
2. The construction of the facility is not carried out according to the approved project.
3. The developer spends the funds allocated by the shareholders for other purposes, that is, for his own needs, and not for building a house.

The construction supervision inspection inspects new buildings after completion of the work specified in the contract and issues a conclusion on the building’s compliance with the requirements of design documentation and technical regulations. Construction supervision obliges developers to report to shareholders every quarter on the fulfillment of obligations. This government agency is able to file a claim in court to protect the rights of shareholders on the basis of:

• Temporary suspension of the intended use of funds of participants of the DDU.
• Liquidation of a development agreement.

You can learn about the activities of the State Construction Supervision Committee of the city of Moscow, as well as order a notice of non-compliance of completed construction with legal requirements here.