The builders made poor quality renovations to the apartment: how can consumers protect their rights?

Repair at a residential property is a service. Often, renovation work on premises costs owners a significant amount of money. And for their price, they want to get high-quality work that will not only be pleasing to the eye, but will also be durable, reliable and safe. However, upon acceptance of work it may turn out that these criteria are not provided. The work was completed with obvious violations of quality criteria. Problems are also often identified during the initial period of operation of a new premises.

Meanwhile, many are stopped by the acceptance certificate of completed work already signed by the parties. And they are again investing in restoration procedures with new teams of workers, new legal entities. And they don’t deal with the previous repairmen. It is not right. The law allows you to make claims even after the deed has been signed.

What should you pay attention to in the contract?

An agreement for the provision of repair services or a contract must be concluded in simple written form. Mandatory conditions are those, without the absence of agreements on which it is impossible to consider the legal relationship to have taken place. In particular, such agreements must clearly contain the following conditions:

Subject of the contract (that is, what specific repair work must be carried out).
Repair completion time.
Warranty obligations of the team or legal entity performing the service.
The cost of work with a detailed calculation of the cost of the service and the pricing of workers.
The procedure for carrying out settlements between the parties.
Procedure for consideration of disputes.
Is there a condition on contractual jurisdiction?
Check the contractor’s contact details (TIN, address, surname, first name and patronymic of the contractor’s manager)

It is worth considering in detail the issue of the likely shift in completion dates and changes in the cost of repairs depending on certain factors.

When signing an agreement, you should pay attention to whose signature is on the agreement. Is the organization's seal worth it? It must be blue and not made using a printer. The signature is also written in natural blue ink from a ballpoint pen.

Such a scrupulous approach to the formalization of legal relations in the future will allow one to avoid a number of negative factors, including during legal proceedings.

It is recommended to conclude such an agreement even if the master is a private individual and performs the work independently (that is, without the involvement of third parties).

○ How to return money?

You can receive funds spent on repairs in one of the following ways:

negotiate with the master;
send a complaint to the service center;
demand a conclusion about the work done.

✔ Try to come to an agreement.

This is the simplest option for a refund and does not require additional documentation. It is possible when the parties agree with the result of the work performed. If the master admits that he really did not do the repairs efficiently and agrees to return the money, then transferring it is not difficult.

However, such a development of events is extremely rare. More often, craftsmen do not want to return the money, citing the fact that the defect was eliminated, but has arisen again. In such situations, you will have to prove that you are right and forcefully return the money spent.

✔ Drawing up a claim.

If the master refuses to return the money for a poor-quality service and it is not possible to come to an agreement with him, you will have to involve the appropriate authorities. But before you file a complaint anywhere, you need to record that you tried to resolve the issue peacefully. To do this, send a claim to the organization that carried out the repairs. The document is drawn up in free form, but it must indicate:

Full name of the customer;
details of the service center/repair team;
application filing date;
the essence of the appeal (equipment defect/volume of repair work, etc.);
repair completion date;
work result;
essence of the claim;
date of document preparation and signature of the applicant.

The document can be handwritten or printed. The number of copies is 2, one remains with the applicant, the other with the master. At the same time, your copy must be signed that the document has been accepted. If the organization refuses to accept the claim, send it by registered mail and be sure to keep the postal receipt.

✔ Requirement to conclude the work performed.

The conclusion about the work performed must indicate:

master data;
the type of repair that was carried out;
materials used in the process;
the result obtained;
signature of the master/stamp of the organization.

This document will be attached to the rest of the list, which will be submitted to the appropriate authority.

What repairs will be considered substandard?

The quality of repairs must comply with the safety requirements established by the relevant building codes and regulations, as well as indications for the quality of air and light.

Without an expert opinion, it is sometimes very difficult to determine that there are violations of these standards.

Certain deficiencies and blots during the work may be noticeable already at the stage of visual inspection of the premises being accepted. Wallpaper may come off the wall or be uneven. The floors move in waves, the joints between the parquet boards are noticeable. There are cracks in the window frames or even uneven installation of the windows themselves. Low-quality radiators with traces of use were installed.

There may be much more.

There are also those shortcomings that a simple consumer of the service is not able to identify without the use of expert repair specialists. Some mistakes made by repairmen appear after a long period of operation.

A repair should be considered to be of poor quality if the person performing the repair work:

Violated the terms of execution volumes.
Cheaper building materials were used than those specified in the terms of the contract.
Technologies for carrying out repair work were used incorrectly.
Violation of the approved design project.
The requirements stipulated by the relevant SNiP and GOST standards were violated.
Safety requirements are not met.

If the customer of the repair doubts the quality of its execution, but there are no visible problems, then an examination is required, which will be performed by any commercial expert commission that has the appropriate license to provide this type of expert work.

Poor apartment renovation: photo

Repair is a complex process that requires not only theoretical knowledge. To renovate an apartment, it’s not enough to read how it should be done. Poor execution will certainly lead to even greater costs and inconvenience.

For example, your repair was done poorly. You will have to look for finances again, go to relatives, friends or to the country and endure not the most comfortable conditions.

And all thanks to the fact that you chose one of the options below:

decided to save money and hire a cheap team of “supposedly craftsmen” (or paid Uncle Kolya, a neighbor who installed tiles in his toilet);
trusted a company about which they knew nothing (and did not study real and written reviews about its activities, as well as ratings of the company and/or its employees);
did not control the repair process, but saw in the end that it was of poor quality, and all the time and money was wasted.

How to prove that the repair was done poorly?

Identified external defects must be recorded in the appropriate act, as well as using photo and video equipment. You can also create a defective statement. Typically, such documents are prepared in the presence of the contractor. If he or the representative does not want to sign the document, it is not a problem.

The next mandatory action is to conduct an examination of the repairs performed. This document will be required both at the stage of pre-trial consideration of the dispute and at the court hearing. Both the claim and the lawsuit itself will be based on the information obtained during the examination.

During the examination, all obvious and hidden violations will be identified. Their danger to the life and health of citizens living in the premises will be established. The cost of restoration work to eliminate identified deficiencies has been determined. And also how significant these violations are.

Statute of limitations

The Civil Code of the Russian Federation establishes that the general statute of limitations, that is, the period during which it is permissible to go to court to protect one’s rights, is three years.

During this period, the person receives the right to file a claim in court and demand compensation for the inconvenience suffered from the performer.

Important! The period begins to be calculated from the day when the customer learned that his rights were violated, or on the day when he should have learned about it.

When it comes to a contract agreement, the limitation period begins on the day after the day that is established in the agreement as the day the work is delivered.

When a specific deadline for delivery of the work is not established, the statute of limitations begins to run from the day that the customer designated as the day the work was delivered.

Remember that the law also establishes a shortened period for filing a claim, which is equal to a year. This period applies specifically in the case of renovation work in the apartment.

What can you demand in case of poor-quality repairs?

In accordance with Article 29 of the Law on the Protection of Consumer Rights, in case of violation of the conditions for the quality of the service provided, the latter has the right to demand:

Free elimination of defects identified during an inspection or examination.
According to the material loss, demand a reduction in the cost of the work performed.
Demand compensation for the costs of engaging a third party to eliminate identified deficiencies.

The deadline for eliminating defects is set by the affected person himself, but it must meet the criteria of reasonableness. For example, if violations are discovered during the installation of a suspended ceiling, then such a defect cannot be eliminated within a day. It may take up to seven days. Accordingly, such a deadline is set. The defendant is given 10 days to satisfy the remaining demands.

If it is not possible to reach an agreement with the contractor, also on the basis of Article 29, refuse to fulfill the contract and demand the full amount of money back.

Top 3 myths about bad repairs that prevent people from going to court

The contract is the main document on the basis of which the court will make a decision and, if it does not provide for penalties, you will not receive money.
Even if at the time of signing, you did not pay due attention to the absence of tangible penalties or clauses that reliably protect your rights, and now you think that there is no justice for careless builders - this is, no matter what the repairmen themselves say about this.

In fact, the estimate and timing are important in a renovation contract. Regardless of the conditions (and sometimes the conditions are enslaving and unfavorable to the client - penalties are minimal, and the terms of termination are very vague), the consideration will be guided by the norms of consumer legislation.

The shortcomings cannot be eliminated until the court makes a decision, which means you will have to live “in a state of repair” for an indefinite period.

In fact, you can begin to eliminate the shortcomings and bring the apartment into proper condition immediately after an independent examination has been carried out. Of course, all necessary formalities must be observed and her reputation should not become a basis for revising the results.

If the company declares bankruptcy, you will no longer receive money for poor repairs of the apartment, which means you need to agree to what the builders offer.

Russians are afraid of courts, and construction companies fuel these fears by exaggerating and disseminating myths that if the company goes bankrupt, people will not be able to recover even the pittance that they offer, so as not to bring the case to court.

In reality, it is becoming increasingly difficult for construction companies and private individuals to evade liability; in the event of bankruptcy, subsidiary liability is applicable, which allows one to count on recovery in any case.

Procedure for refund

It is worth remembering the deadlines for submitting demands to the contractor.

Based on paragraph 3 of Article 29 of the Law “Protection of Consumer Rights”, the latter has the right to make claims related to defects in the work performed (service provided), if they are discovered during the warranty period, and in its absence, within a reasonable time, within two years from the date acceptance of the work performed (service provided) or five years in relation to defects in the building and other real estate.

When preparing a claim, it is recommended to seek legal assistance. The possibility of a speedy resolution of the current conflict depends on a competent and correctly executed document. The main element of the dispute is financial costs. A lawyer will be able to select the appropriate norms of legislative acts, upon reviewing which the defendant’s side will understand that it will be much cheaper to reach an amicable agreement.

Copies of documents directly related to the dispute under consideration should be added to the claim itself:

An agreement concluded with a contractor.
Documents confirming compliance with the conditions for payment for services.
Photo and video materials confirming the presence of visually detected defects.
A copy of the expert opinion on the presence of hidden defects and the cost of restoration work.

After 10 days from the date the contractor receives the claim, he must provide a response to the affected client. If no response is received, or the contractor refuses, then a package of documents is prepared for submission to the court. It is also worth sending complaints about the activities of such a construction company or team to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor) and the Prosecutor's Office at their location. After the start of a prosecutor's investigation or an inspection by Rospotrebnadzor, the defendant often tries to resolve the dispute through peaceful means.

Filing a claim can be done in person, through a representative, or remotely. In the case of personal filing, two copies of the claim document are printed, on one of which the defendant’s employee stamps acceptance. Place your signature and date of receipt. It is also possible to send documents by a valuable letter using Russian Post with a list of the attachments. A representative can submit only after presenting a notarized power of attorney and an identity document. If he independently signs the document, then there must be a power of attorney with a separately stated authority.

A statement of claim is prepared on the basis of a claim filed in a court of the plaintiff’s choice. This may be the location of the plaintiff or defendant, at the place where the contract was concluded. The volume of factual material is preserved. The volume of requirements increases in accordance with the above calculations. For example, a fine is applied for refusal to voluntarily comply with the client’s demands, moral damages, compensation for legal expenses, expenses for the services of a representative, expert opinion, other material damages, a penalty of three percent of the total cost of work, for each day of delay in satisfying the pre-trial demand.

It is also advisable to work with a lawyer at this stage. State duty on disputes regarding the protection of consumer rights is not paid except in cases where the amount of claims exceeds one million rubles. For example, if the requirement is 1 million one hundred thousand, then the duty is paid on 100 thousand rubles.

The claim must be signed by the client himself, unless the corresponding authority is expressly stated in the power of attorney. When signing by a representative, the package of documents includes a copy of the power of attorney, which contains such a right.

All required documents are attached to the statement of claim, including the submitted claim, copies of documents confirming the fact that the claim was sent and received by the defendant, and a response to it, if received. The claim is also sent to the appropriate judicial authority through the Post, in person or through a representative with a notarized power of attorney.

In an adversarial process, the examination will be the main evidence. If the defendant does not admit that the expert is right, he may request a forensic examination, which will be decisive evidence. If the case materials are properly prepared, winning this dispute does not pose a serious problem for the representative.

Further actions will be related to the efficiency of the employees of the Federal Bailiff Service, to whom the writ of execution will be received.

What to do if a repair contract was not concluded?

The absence of a direct agreement does not prevent the filing of a claim and the initiation of legal proceedings. The injured party may apply the provisions of Articles 721 and 723 of the Civil Code of the Russian Federation. In accordance with them, the quality of the work performed by the contractor must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, with the requirements usually imposed on work of the corresponding type.

In cases where there is no contract itself, consumer protection rules are also applied by analogy. It is required to prepare all available material, documentary, witness testimony, and any other evidence of the legal relationship that has arisen. Internet correspondence files, e-mail invoices, notifications of hidden work, SMS messages, photographs, and video materials are also suitable.

Otherwise, the procedure will be the same as if there was a written agreement on the performance of repair services.

Independent examination of the quality of repairs

If the contractor does not respond to your complaint in any way or claims that he carried out the repairs properly, in this case you will need an expert opinion confirming that the repair, for example, of a TV was carried out poorly.

IMPORTANT : having decided to conduct an examination in order to identify deficiencies in the repairs performed, be sure to notify the contractor in writing or by telegram of the date, time and place of the examination.

After conducting the examination and receiving an expert’s opinion confirming the correctness of the claims you are making against the contractor, send this conclusion in copies to the Contractor, again presenting in writing the previously sent demands, for example, for the return of funds, as well as reimbursement of the costs of the examination.

The consumer's requirements must be satisfied by the contractor within 10 days. If the consumer's requirements are not satisfied, the latter has the right to file a lawsuit.

After the court makes a decision in your favor, you must contact the bailiff service, presenting a writ of execution issued on the basis of the court decision, and then the relevant authority will deal with the collection of funds.

USEFUL : the contractor must initially conduct an independent free examination of the quality of his repair. You are not deprived of the opportunity to challenge it, watch the VIDEO on how to do this:

What additional charges can be collected from the contractor?

When the organization has not completed or performed the work poorly, the customer has the right not only to restore his right, but also to demand additional payments.

Notice! For example, the customer has the right to demand:

payment of a penalty, the amount of which is equal to 3% of the total cost of the work and for each day of delay in satisfying the requirements for the received claim;
payment of moral damage, the amount of which is determined by the court taking into account all the factual circumstances of the case;
legal expenses incurred by the customer in the event of going to court and filing a claim. In this case, the customer is compensated for the costs of a lawyer, the cost of drawing up expert opinions or other expenses;
a fine, the amount of which is 50% of the amount that will be collected from the defendant by the court.