When a newly built home fails to meet expected quality standards, the owner has the option to pursue legal action. The right to petition the courts exists both before and after the housing acceptance document is signed. This stance was explained by Irina Gukova, founder of GAP law firm, in an interview with socialbites.ca.
There is a housing warranty in place. Its typical duration runs for five years unless the contract specifies a shorter period. The developer’s responsibilities and the warranty terms are usually outlined in a dedicated section of the contract, as noted by the lawyer.
If serious defects appear during the warranty period and the developer does not promptly address them after the owner files a request, the apartment owner may proceed to court. In such cases, it is advisable to engage an expert appraiser or specialists from the technical inventory office, especially if the concern involves misrepresented apartment areas. Collecting all relevant documents, including results from any pre-trial inspections, is essential before submitting a claim against the developer for compensation related to subpar workmanship or damages incurred.
Defects can be remedied even before a court ruling. Under consumer protection regulations and related construction laws, the homeowner may carry out repairs independently and later seek reimbursement from the developer for the incurred expenses. It is important that all violations are documented by a qualified appraiser, as courts require evidence that defects stem from inferior construction practices, rather than other factors.
According to the lawyer, the typical amount recoverable from the developer can reach as high as several hundred thousand rubles, with the exact sum depending on whether finishing work was completed by the developer. In practice, owners should insist that the developer fulfill every obligation stated in the contract. When accepting a condo, every detail matters—from exterior slopes to plastering. Should these requirements be unmet, legal avenues are available, and the developer may be liable to compensate for losses and moral damages arising from substandard workmanship.
In summary, potential buyers and owners should carefully assess the construction quality at key stages of building. They should keep thorough records, understand warranty terms, and know that remedies exist to recover costs or damages if defects are found after purchase.