If, upon completion of construction, the quality of the finished housing leaves much to be desired, the owner can go to court. The application can be made before and after the housing acceptance document is signed. Irina Gukova, founder of the GAP law firm, told socialbites.ca.
“There is a housing guarantee. Its total duration is 5 years unless otherwise stated, but sometimes a shorter warranty period is also specified in the contract. “The developer’s responsibility and warranty periods are specified in a separate article of the contract,” he explained.
If during the warranty period the owner detects significant defects in the housing and the developer does not promptly eliminate them after the application, the owner of the apartment has the right to go to court. In the future, you need to hire an appraiser or specialists from the technical inventory office (if the problem concerns incorrectly specified areas of the apartment), as well as collect the necessary documents (results of the pre-trial inspection) and, on its basis, file a claim against the developer for compensation for poorly performed work or damage caused.
“Defects can be corrected even before the court decision. According to the law on the protection of consumer rights and the Federal Joint Construction Act, the homeowner can independently carry out repairs and only then demand compensation for the expenses incurred from the developer. All violations need to be recorded by a professional appraiser, as the court requires proof that all defects are due to poor quality construction,” the lawyer added.
According to Gukova, on average up to half a million rubles can be recovered from the developer. The amount may vary depending on whether the developer provides the finishing touches. In practice, owners must demand that the developer fulfill all conditions specified in the contract. When accepting an apartment it is important to pay attention to all the details, from slopes to plaster. If the requirements are not met, you can go to court; In this case, the developer will compensate for losses and moral damages resulting from poor quality work.
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Source: Gazeta
Barbara Dickson is a seasoned writer for “Social Bites”. She keeps readers informed on the latest news and trends, providing in-depth coverage and analysis on a variety of topics.