And it says that if the contractor has not set a time frame for quality guarantees, and if the customer has found significant shortcomings and defects, then they can be declared no later than 2 years after the acceptance of the object according to the acceptance certificate (Article 724 ). If there are no claims, then the warranty period is automatically set for a period of time equal to five years (Article 756). After this time, no claims can be made. Or, you will have to prove that the shortcomings were made during the construction work, based on Article 725, and complaints and evidence must be met within a three-year period from the date of transfer of the object. Article 725

How long can you give a guarantee for the construction of a frame house

Therefore, if the developer claims that he will fulfill contractual obligations later, but at the same time demands to accept your apartment, feel free to refuse. This will help you to achieve in court the enforcement of claims against the developer under the guarantee. Although if warranty claims arose after receiving the apartment, it's okay - but more litigation.
What the Builder Doesn't Guarantee It can be difficult for a layman in the law to figure out what the builder's warranty covers and what it doesn't. It states that the developer is responsible for capital defects. But there is one trick that real estate lawyers use.

After the house is commissioned, the managing organization is responsible for its internal condition. There is a list of requirements for their work.

Error 404

Statute of limitations on claims for inadequate work quality

1. The limitation period for claims brought in connection with the inadequate quality of work performed under a work contract is one year, and in respect of buildings and structures it is determined in accordance with the rules of Article 196 of this Code.
2. If, in accordance with the work contract, the work result is accepted by the customer in parts, the limitation period begins from the date of acceptance of the work result as a whole.
3. If a warranty period is established by law, other legal acts or a work contract and a statement regarding the shortcomings of the result of work is made within the warranty period, the limitation period specified in paragraph 1 of this article begins to run from the day the defects were reported.

And this is practically impossible.

Legal warranty period for repairs

However, by virtue of a direct indication of the law, the contract may provide for a longer period of guarantee for individual elements of the building. For example, for interpanel seams and roofing, the warranty period cannot be less than 10 years. Most responsible developers specify this period in the contract.

Important! The warranty period for technological and engineering equipment of MKD cannot be less than three years. The composition of this equipment includes elevators, boiler rooms, substations, garbage chutes, access systems, ventilation and heating units. To participate in the construction, contractors are selected who guarantee the fulfillment of obligations within a period not less than under an agreement with equity holders.
If this condition is not met, then the entire responsibility for the operation of engineering equipment lies with the developer.

The developer's warranty obligations after the delivery of the house

Important

This period of time is indicated in the relevant contract and depends directly on the policy of the developer. Moreover, it does not take into account what kind of building this is, a multi-storey building or a small cottage. The warranty period begins to operate from the moment the building or structure is put into operation.

A warranty period of less than 1 year is not allowed by law, under any circumstances. However, Article 756 of the Civil Code of Russia has such a thing as the period for detecting deficiencies and it is defined as five years from the moment the house was officially put into operation. This suggests that during this period of time, the developer company must eliminate shortcomings free of charge, for example, such as a leak in the roof, or a malfunction of the ventilation ducts, and so on.

It may seem that the warranty period and the period for detecting defects are one and the same, but they are not.

What is the guarantee for a residential building from a construction company?

You also need to remember that the contractor may refuse to fulfill the requirements of the claim. The fact is that there is such a thing as “normal wear and tear of an object”. The contractor may refer to this. In addition, if the building is used incorrectly, the responsibility for the resulting shortcomings will lie with the customer. In any case, 5 years after the commissioning of the object, the contractor is no longer responsible for the quality of the work performed. What does the warranty cover? The Contractor can guarantee:

1. Conscientious performance of all types of work.
2. Proper design of individual equipment.
3. Proper installation and use of quality materials.

New house Here we will consider two variants of the warranty period for a new house: multi-apartment and private houses.

Developer's guarantee

Contractor's Responsibilities for Environmental Protection and Construction Safety

1. When carrying out construction and related works, the contractor is obliged to comply with the requirements of the law and other legal acts on environmental protection and on the safety of construction work.
2. The contractor is responsible for violation of these requirements.
3. The contractor is not entitled to use materials and equipment provided by the customer in the course of the work, or to follow his instructions, if this may lead to a violation of the environmental protection and construction safety requirements binding on the parties.

In the absence of the agreed warranty period under the work contract, one must refer to the legislation, and, if necessary, go to court.

Why such a short warranty period for frame houses?

Terms of fulfillment of warranty obligations There is a common misconception - the developer's guarantee is supposedly valid for 5 years. Actually it is not. As mentioned above, this period applies to common house structures. Engineering - 5 years. But on the condition of the roof - 10 years.

Attention

If the claim is identified and the developer has agreed to eliminate the deficiencies, then in accordance with paragraph 2 of Article 7 of 214-FZ, the developer must eliminate the deficiencies “within a reasonable time”. Unfortunately, what is a reasonable period of time is not spelled out in the law, so each case must be considered individually. Usually it is 30 days, but the period can be extended. In order to find out the term of elimination in each specific case, experts analyze similar services on the market.

And they are guided by the average period for which third-party organizations offer to perform such work.

Acceptance of work and guarantee

On the supporting structures of frame houses (that is, on the frame of the house), when sheathing the OSB from the outside, a guarantee of 10 years is installed. For work on the installation of roof slopes, namely: on the installation of external and waterproofing roofing (flexible tiles). as well as for the arrangement of the base in the form of a crate, flooring or solid slabs - 3 years. For wooden windows OD OSB with single-chamber or double-glazed windows (including work on their installation) - 3 years.
For all other types of work and services - 1 year. In some cases, the developer turns to workers for the performance of any work that is not specified in the contract, believing that this will help save him money.
These should include:

• Law on Consumer Protection";
• Civil Code of the Russian Federation.

The latter in his article 754 defines the specific responsibility of the construction organization to customers. Namely, the quality of the work performed, provided for:

• drawn up design and estimate documentation;
• norms and rules of state legislation.

The developer must be responsible for the following:

• elimination of shortcomings arising as a result of poor-quality performance of construction and installation works;
• for improper design of individual elements of a building or structure.

After the teams complete the construction of the house, the client arrives at the site, carefully inspects the finished object and signs the act of delivery and acceptance of work. If any shortcomings are found, he turns to the "Architect" claim service, which works at the Yuzhnaya exhibition site, which, in turn, sends field technologists to the site. Inspection is always carried out in the presence of the builder. If, according to its results, the presence of defects indicated by the client in the application is confirmed, then repair teams eliminate them free of charge within the agreed and shortest possible time.
The company has a warranty period for work and materials. A set of wall beams with a section of 140x168 mm is covered by a 25-year warranty. For a set of wall beams with a section of 140x146 mm - 15 years, for a set of wall beams with a section of 140x84 mm - 10 years.

The developer's guarantee in case of buying an apartment in a new building is required. In this text, we will consider the main laws that govern this obligation, clarify the timing and tell you what to do if a situation arises when you have to make a claim to the developer to eliminate defects under the guarantee.

In modern legislation, any purchase of an apartment in a house under construction (or rather, equity participation in construction) is regulated by the provisions of Federal Law-214 - the law on participation in shared construction of apartment buildings. Additionally, it is necessary to take into account the norms of civil law - Art. 469 - 478 of the Civil Code of the Russian Federation. The consumer protection law also helps protect the rights of the shareholder.

What is the builder's warranty?

To understand what the developer's guarantee covers, let's study the seventh article of 214-FZ. The first paragraph clearly states the obligation of the developer to transfer the object (apartment) to the shareholder, and the quality of this object must comply not only with the points specified in the share agreement, but also with other technical regulations and urban planning standards.

Law No. 214 protects equity holders who have entered into an equity participation agreement with the developer.

Therefore, if you are planning to purchase by promissory notes, shares or other forms, then think twice. Indeed, in this case, the claim to the developer for an apartment building will be regulated precisely by the Civil Code of the Russian Federation, without assistance from the relevant federal law. See. And even in this case, you need to understand that each situation is individual, and carefully study the judicial practice.

What guarantees can a shareholder expect?

A builder's guarantee for a new home includes two types of obligations. So, within three years, you can apply with a claim to the developer to eliminate defects under the guarantee for various engineering structures and other technological equipment. The list itself implies a general system or its components:

• ventilation shafts and equipment;
• elevator system and related equipment segments;
• heating common house system;
• Housing and communal services systems are structures with the help of which water, gas and electricity enter the house.

It must be understood that the developer, unless otherwise specified by the contract, is responsible for the in-house systems. Therefore, if, for example, there are problems with gas pipes in the yard, then you will have to separately prove that the developer is related to this.

After the delivery of the new building within five years, it is possible to demand the elimination of defects by the developer under the guarantee of objects that affect the structure of the building.

• Defects and problems with the walls - both outside and inside. This also applies to the condition of the entrances.
• Problems with the facades of the building - falling off the cladding, poor-quality materials, due to which the facade is constantly wet, and other problems.
• Problems with the supporting structures of the building. The most common flaws are with ceiling tiles and their sagging in apartments.
• Defects in the default double-glazed windows and iron doors in the apartments.

In Art. 8 of FZ-214 clearly states that the interest holder must require the developer to sign an act on the non-compliance of the object being handed over with the construction requirements of Parts 1 and Part 7 of FZ-214.

Also, the shareholder must refuse to sign the transfer deed. Therefore, if the developer claims that he will fulfill contractual obligations later, but at the same time demands to accept your apartment, feel free to refuse. This will help you to achieve in court the enforcement of claims against the developer under the guarantee. Although if warranty claims arose after receiving the apartment, it's okay - but more litigation.

What does the builder not guarantee?

For a layman in the law, it can be difficult to figure out what is covered by the builder's warranty and what is not. It states that the developer is responsible for capital defects. But there is one trick that real estate lawyers use.

After the house is commissioned, the managing organization is responsible for its internal condition. There is a list of requirements for their work. So, CCs are responsible for:

• current wear and tear and reduction in performance of various in-house equipment and systems;
• for the correct use of general-purpose premises and property in common house ownership;
• for broken equipment and structures that are accepted without claims from the developer with the help of an act of acceptance and transfer of house property;
• for compliance with the recommendations of the instructions for installing household appliances and plumbing;
• for the termination of emergency situations with heating and sewer systems, for the correct operation of ventilation and drains.

In total - if the identified shortcoming is not included in the above points, then you can study the documentation and try to make a claim to the developer.

Terms of fulfillment of warranty obligations

There is a common misconception that the builder's guarantee is supposedly valid for 5 years. Actually it is not. As mentioned above, this period applies to common house structures. Engineering - 5 years. But on the condition of the roof - 10 years.

If the claim is identified and the developer agreed to eliminate the deficiencies, then in accordance with paragraph 2 of Article 7 of 214-FZ, the developer must eliminate the deficiencies “within a reasonable time”. Unfortunately, what is a reasonable period of time is not spelled out in the law, so each case must be considered individually. Usually it is 30 days, but the period can be extended.

In order to find out the term of elimination in each specific case, experts analyze similar services on the market. And they are guided by the average period for which third-party organizations offer to perform such work.

How to file a claim correctly?

We have already found out what the guarantee for a new building covers and for how long. Therefore, do not be afraid to file, even if warranty claims arose after the delivery of the house, the acceptance of the apartment and other actions related to your ownership ().

Detected claims can be submitted both to one tenant and to use a collective claim. Similarly, you can act in the case of filing a claim with the court - anyway, the judge, if necessary, can combine several claims into one consideration.

The first thing you do after finding flaws is to capture them in a photo or video. File a claim with the builder. In the claim, you describe in detail the shortcomings, the way they are detected (). It is advisable to refer to a regulatory document confirming your requirements. For example, if you accepted a house in the summer, and in the winter it turned out that the apartment is very cold, find the government decree of your region, which should indicate the temperature standards for residential premises in an apartment building. The developer must submit a claim on his own or by sending mail with a description of the contents. On the second copy, you need to get a mark from the developer's representative about the delivery of the claim with the current date.

The response time may not be later than 10 days. It is best to write “In accordance with the Consumer Protection Law, I ask you to provide a response in writing within a period of no more than 10 working days.”

You need to understand that the developer can refer to the civil code, answer you and ask for more time to verify the information - this is an adequate process, since the developer will need to check whether the identified deficiencies fall within his area of ​​​​responsibility, or whether this is the prerogative of the management company. If you first contact the Criminal Code - and this is exactly what you should do - and attach the response of the Criminal Code to the claim, then the developer will not have such an opportunity.

Having started interacting with the developer, we recommend that you draw up an act in which you need to indicate all the shortcomings in the construction of an apartment building. If the developer refuses to sign it, it's okay, just make two copies, sign them and send one to the developer by mail, remembering to keep the receipt.

It should be understood that in accordance with Article 7 of the Federal Law-214, you have the right to demand:

How to force builders to eliminate shortcomings?

If the developer refuses to voluntarily eliminate all the defects identified by the apartment owners, we recommend that you immediately go to court. In addition to the above requirements, you can try to get a penalty from the developer.

It should be borne in mind that lawyers often confuse the rules for collecting penalties under 214 FZ for failure to meet construction deadlines and the rules for collecting penalties under the consumer protection law for failure to fulfill warranty obligations.

Clause 5 of Article 28 of the last law clearly states that the consumer can claim damages for violation of the deadlines for the completion of work (this is more than 45 days after the filing of the claim). Penalty is collected for each day. And its size is determined from the price of the service. Often in claims they put 3% of the full price multiplied by 1/300 of the refinancing rate of the Central Bank of the Russian Federation. It’s better not to be smart here - the judge will still calculate the penalty according to the law, based on your specific case.

In judicial practice, there are cases when the tenants were helped by examinations performed by third-party impartial organizations that proved the developer's dishonesty. If the court is won, then the apartment owners will receive the money spent on experts back, along with other court costs (part 1, article 98 of the Code of Civil Procedure of the Russian Federation).

Lawyer of the Board of Legal Protection. Specializes in handling cases related to appealing against illegal actions of officials, housing disputes, recovery of penalties from developers. Extensive experience in the 214 Federal Law.

Every person who buys real estate in a new building should know the warranty obligations of the developer after the delivery of the house. The availability of such information allows you to avoid problems in the future and get quality housing that complies with the contract, technical regulations and current regulations.

Judicial practice confirms that buyers of housing in apartment buildings have all the necessary "levers". They have the right to demand the fulfillment of obligations by the construction company, and the number of cases won allows us to talk about the effectiveness of such actions. The main thing is to be calm, to prove your innocence with the consciousness of the case and according to the law. Below we will consider what kind of guarantee the developer gives, and what to do to protect the rights.

Federal Law No. 214 states that the developer is obliged to transfer quality housing to the client that meets the conditions of the DDU, current regulations, as well as other documentation - technical, design and urban planning. Violation of these requirements and deviation from the terms of the contract leads to a deterioration in the quality of the finished object and the appearance of a number of shortcomings in the finished apartment. As a result, housing may be declared unfit for use, and the shareholder (buyer of real estate) has the right to demand from the developer:

• Reducing the cost of the contract, taking into account the defects identified during the inspection.
• Elimination of deficiencies without additional payment and within a certain time frame.
• Compensation for the funds spent, if the newly-made owner of the apartment undertakes to eliminate the shortcomings.

In case of significant violations during the construction process and poor quality of construction, as well as in case of untimely elimination of the detected defects, the shareholder has the right to refuse to fulfill the contract and demand that the construction company return the funds paid, including with interest. Under such circumstances, the conditions providing for the removal of the responsibility of the developer for the identified shortcomings are not valid.

Terms of the warranty

After receiving the property, the buyer is often in euphoria and does not immediately notice the shortcomings. In addition, there are such defects that appear only after a few months of operation of the newly built housing. By law, the buyer has 5 years - the period of the developer's warranty obligation after the delivery of the new building. If during this period the construction company refuses to comply with the requirements of the buyer of real estate, the interest holder retains the right to go to court.

In judicial practice, there are many cases when the buyer of "defective" housing managed to prove the case. At the same time, the countdown of the five-year period should begin from the day when the object was transferred to the operation of the shareholder. By law, the warranty covers not only the building, but also its roof, floors, finishes and other elements of the building. This applies to all types of apartment buildings and private buildings.

Separately, a guarantee is provided for technological and engineering equipment, which is valid for three years. The countdown of this period begins from the day when the signature is put in the deed of transfer. It is worth noting that a construction company is involved in compiling the DDU, so the section on warranty obligations may accidentally “fall out”. But don't worry. Even in the absence of such a clause, the developer bears full responsibility, because the warranty period of the obligation is prescribed in federal law. The construction company must comply with the current legislation, and the information in the contract only duplicates well-known facts and reveals the features of cooperation.

Can the warranty period be changed?

There is an opinion that the warranty period can be reduced or extended for certain elements of a new building - an elevator and other elements. From the above-mentioned Federal Law No. 214 (paragraph 5, article 7), it follows that the guarantee for an apartment building built under a shared participation agreement is 5 years or more.

In the contract, the warranty period can be extended for certain elements of the structure. For example, for the roof and interpanel seams, the warranty period should be higher - from 10 years. Many developers in Russia indicate this period in the contract with equity holders.

As for engineering and technological equipment, the minimum warranty threshold by law should be from 3 years or more. This category includes the elevator, supply substations, boiler rooms, heating and ventilation devices and other systems.

Before the construction of a multi-storey building, contractors are selected who guarantee the fulfillment of obligations throughout the entire period specified in the Federal Law. If the condition is not met, the developer is forced to take responsibility.

Special attention deserves the issue of a guarantee for the elements inside an apartment or house. For example, what is the warranty period for a radiator battery? The above period of 5 years also applies here. But it is worth considering that in the case of the transfer of the object to the management company, it will be she who will be responsible for the repair (if necessary).

How to demand fulfillment of obligations?

If during the operation the shareholder discovered a construction defect, the buyer has the right to contact the developer and demand the elimination of the defect. To do this, you must file a claim in writing and indicate in it the deadlines for elimination. The document is sent by registered mail with a list of documents inside and a mandatory notification. If the developer does not respond to the claim within the period specified by law, the applicant has the right to go to court.

In detail, the algorithm of actions for identifying defects in a new building is as follows:

• Making a claim in writing. The document is drawn up in 2 copies and should contain detailed information about the problem. Here it is also necessary to indicate the period during which the defect must be eliminated. If the problem cannot be completely eliminated, the cost of the object must be reduced or the costs of the owner covered.
• One copy of the claim is transferred to representatives of the construction company, and the other remains with the applicant. This is necessary so that the shareholder has proof of the application.
• Contacting the management company. This body must confirm that the defect falls under the responsibility of the developer.
• After checking the deficiencies specified in the claim, a decision is made

The recommendations discussed above are a great way to get the developer to fulfill their obligations under the law. Claims can be filed during the entire warranty period. The countdown starts from the day when the papers on the transfer of the apartment were signed.

The technological equipment of an apartment building is operated by a management company. It is her responsibility to repair and maintain such property. If during the repair or other measures the requirements of the current regulations were violated, it is the management company that can bear responsibility for the defects.

What will happen in case of bankruptcy?

In case of bankruptcy of the developer, the question arises about the executor of warranty obligations. If this happened before the commissioning of the object, homebuyers will have to register the right to an unfinished object. At the same time, the construction of the new building will be continued by another construction company. The latter should establish a warranty period.

If the developer went bankrupt immediately after the object was handed over to the balance of the management company, then the claims must be satisfied at the expense of the SRO compensation funds. If a person hired a contractor during the construction of a private house, a guarantee is also established for the work performed with the possibility of making quality claims. For a private house, the warranty period must be at least a year, and for some types of work - up to 5 years.

How quickly is the developer obliged to fulfill the warranty obligations?

The Law on the Protection of Consumer Rights says that a response to a claim must be given within 10 days, but the Civil Code of the Russian Federation specifies a different period - up to 30 days. To avoid conflict situations, the claim must indicate the recommended response time to the appeal.

Please note that the nature of the claim is carefully studied by the developer to determine whether the defect falls within the responsibility of the management company. Go to the Criminal Code in order to have in your hands the answer of its representatives with confirmation that the identified shortcomings are the fault of the developer. In such a situation, it is easier to prove the correctness.

What does the builder not guarantee?

The Federal Law mentioned above clearly defines the area of ​​responsibility of the developer. As a rule, we are talking about defects that are of a capital nature. If the construction company refuses to fulfill its obligations, it can explain its actions by one of the following reasons:

• Natural wear and tear, as well as deterioration in operational parameters due to the end of the estimated period of use.
• Violation of the rules for the operation of premises that belong to the category of general use, as well as improper use of property.
• Breakage of equipment or structural elements that were accepted during the delivery of the object without filing a claim under the acceptance certificate, or damaged by the user himself.
• Violation of the rules for the operation, installation or use of plumbing equipment and household appliances.
• Accidents that are associated with heating, sewerage, ventilation, gas, drainage and other systems, and appeared due to the actions of residents.

As noted, after the commissioning of the object, the management company is responsible. If the management company does not respond to any of the points, you must contact the developer. It is he who must eliminate the existing defects at the request of the client.

The warranty period for the cover from the contractor is 10 years or more, unless other conditions were reflected in the acceptance certificate. Also, the guarantee may be stipulated in the technical documents that are transferred by the developer of the management company after the building is put into operation.

Most of the litigation related to the construction and operation of real estate objects is mainly related to the ignorance of citizens of their rights, which the state has endowed them with through its laws.

Among other things, unscrupulous developers quite often take advantage of such ignorance in the legislation of citizens. So, let's see what is guaranteed by the state to citizens through its legislative acts.

What are the obligations of the developer regarding the provision of a guarantee on the house?

To begin with, you should find out what specific legal norms should be followed in clarifying relations with the developer.

These should include:

• Law on Consumer Protection";
• Civil Code of the Russian Federation.

The latter in his article 754 defines the specific responsibility of the construction organization to customers.

Namely, the quality of the work performed, provided for:

• drawn up design and estimate documentation;
• norms and rules of state legislation.

The developer must be responsible for the following:

• elimination of shortcomings arising as a result of poor-quality performance of construction and installation works;
• for improper design of individual elements of a building or structure. These include, without exception, everything: both load-bearing and non-bearing elements of buildings, utilities, repairs, fittings, and so on.
• poor-quality installation of individual elements, such as window blocks, door blocks, as well as their damage during work;
• the use of low-quality building materials, mixtures and the like.

Within the warranty period, the developer is obliged to satisfy all existing claims for the quality of work performed at the expense of personal funds.

Validity period of the contract for warranty maintenance of the building

The minimum period covered by the developer's warranty is one year.

One general warranty period for all developers is not defined by law. This period of time is indicated in the relevant contract and depends directly on the policy of the developer. Moreover, it does not take into account what kind of building this is, a multi-storey building or a small cottage. The warranty period begins to operate from the moment the building or structure is put into operation.

A warranty period of less than 1 year is not allowed by law, under any circumstances.

However, Article 756 of the Civil Code of Russia has such a thing as the period for detecting deficiencies and it is defined as five years from the moment the house was officially put into operation. This suggests that during this period of time, the developer company must eliminate shortcomings free of charge, for example, such as a leak in the roof, or a malfunction of the ventilation ducts, and so on.

It may seem that the warranty period and the period for detecting defects are one and the same, but they are not.

The first difference is that after the warranty expires, you yourself must prove that the developer is at fault. This suggests that it will be necessary to conduct an appropriate examination and pay for it yourself.

The second difference will be the difficulty of recovering costs and paying a penalty for violation of the deadlines for eliminating deficiencies.

Complaints must be filed and the deficiencies must be corrected within a certain period of time:

• in relation to construction, installation and repair work - this is 1 year;
• in relation to defects that have arisen due to poor-quality work performed during construction - this is 3 years;
• if you were able to correct the identified shortcomings on your own, then you can show the developer the repayment of the costs incurred.

When signing a contract with the developer, be sure to check whether it contains a clause on the free elimination of defects. In the absence of it, you will have to fix everything at your own expense.

When is the builder released from liability?

However, the legislation protects not only the consumer, but also the developer himself.

So, the latter has every right not to eliminate the shortcomings if:

• he will prove that the defect arose as a result of the wear and tear of the building, the norms of which are defined in the relevant documents;
• it will be proven that the customer did not properly operate the building, resulting in corresponding problems;
• if an independent fact of repair using low-quality materials is discovered;
• with incorrectly developed by the customer operating instructions;
• with incorrectly developed design and estimate documentation by third parties.

At the end of January, a draft law was submitted to the State Duma, suggesting the introduction of a 5-year guarantee not only for apartments that are bought from the developer under 214-FZ (DDU), but also for elements of interior decoration, landscaping and technological equipment of the house. the site decided to figure out what guarantees equity holders have today and what new amendments the deputies offer.

The author of the project, State Duma deputy from United Russia, Andrey Baryshev, proposed amending the current Federal Law-214. The main goal of the bill is to settle the legal uncertainty and guarantee obligations when the developer commissions shared construction projects.

Thus, the draft law proposes to establish a five-year warranty period for new buildings, and two years for interior decoration and landscaping elements. The warranty period is calculated from the date of transfer of the object to the participant in shared construction. At the same time, the warranty period for technological and engineering equipment must be established by the contract and cannot be less than the warranty period from the manufacturer.

If the State Duma adopts the bill, then the equity holders will be able to make claims to the developer in connection with the inadequate quality of the new building. Disadvantages can be identified during the entire warranty period, and not only at the time of acceptance of a new apartment.

What new obligations will be imposed on developers

Experts interviewed by the site portal note that the law on shared construction FZ-214 already contains norms that determine the warranty periods for new buildings. According to the law, the warranty period from the developer for the building structure is at least 5 years, and for technological equipment - at least 3 years. That is, already now all new buildings have a five-year guarantee, and from this point of view, the legislative initiative does not offer any innovations. Any buyer of a new building can count on compensation for damage within five years after commissioning. Moreover, this is written not only in the law, but also in the equity participation agreement (DDU).

However, the deputies intend to somewhat change the approach to determining the warranty period for technological equipment (utilities, elevators, ventilation, etc.), comments Andrey Kolochinsky, managing partner of VectorStroyFinance Group of Companies (developer of the residential complex Kvartaly 21/19). The State Duma proposes to establish warranty periods for this equipment, equal to those laid down by its manufacturers. But this innovation does not make much sense, because the problems that have arisen with the equipment can be solved by the management company by contacting the manufacturer directly, which, in fact, the developer himself would have done.

First of all, it is necessary to clarify that the current Federal Law-214 defines two types of warranty periods: for the facility itself and for the engineering and technological equipment of the facility, comments Natalya Shatalina, General Director of MIEL-Novostroyki. The warranty period for the facility itself is at least five years, and for engineering and technological equipment - at least three years. According to this legislative initiative, it is proposed to introduce several more objects for which mandatory warranty periods are established - these are elements of interior decoration and landscaping.

What are the elements of interior decoration and landscaping and the elimination of what shortcomings in the right to demand equity holders

Unfortunately, the deputies do not explain in the bill what exactly they mean by “elements of interior decoration, landscaping,” the speakers note.

“Apparently, we are talking about finishing from the developer, the elements of which can be spelled out in the equity agreement: finishing materials, fittings, plumbing, etc.,” Andrey Kolochinsky comments. Accordingly, if the bill is passed, equity holders who purchase an apartment with a ready repair from the developer will be able to count on a two-year guarantee. I believe that in practice this can turn into great difficulties and litigation. Relatively speaking, if a crack appeared in the main wall, and the elevator stopped working before the end of the warranty period, then it is easy to prove the developer's fault in this case and receive compensation (or terminate the contract). But if the wallpaper has peeled off in the apartment or the laminate has reared up, then here, it is likely that the buyer has misused the object. In addition, some trim elements cannot have a lifespan of two years, say light bulbs.”

“This provision of the bill is more likely to harm the emerging trend towards an increase in the number of new buildings with finishing, and it needs to be finalized”

Andrey Kolochinsky, Managing Partner, VectorStroyFinance Group of Companies

If we are talking about repairs from the developer, then the finish, according to the DDU, is covered by a five-year guarantee, says Vasily Osipov, construction director of IKON Development (developer of the Novy Zelenograd residential complex). Claims can relate to any things (wallpaper peeled off, laminate creaks, windows freeze through, the interior door does not close, etc.). It is not entirely clear what the bill is seeking. It is logical that the elements of interior decoration should have the same guarantee as for the entire apartment.

« Otherwise, it turns out that after eliminating, for example, a pipe leak under warranty in three years, the owner will be left with a ruined bathroom due to the fact that the guarantee for the repair itself is valid for only two years »

Vasily Osipov, Construction Director, IKON Development

It should be noted that neither at the legislative level, nor in law enforcement practice, the concept of elements of interior decoration and landscaping has developed or developed, Natalia Shatalina believes. In some cases, finishing elements are understood as finishing layers of walls, ceilings and floors. At the same time, practice, as a rule, considers some finishing elements as components of an object of shared construction and extends a total warranty period of at least 5 years to them. Elements of improvement are considered to be comfortable and equipped from a practical and aesthetic point of view spaces (most likely, the legislator means by this concept the adjacent territory, playgrounds, landscape forms, etc.). We believe that if the bill is adopted in the proposed version, discrepancies in the interpretation of the proposed concepts are inevitable.

How much can a fine be in case of untimely transfer of an apartment to a shareholder

The legislation of the Russian Federation considers the object of shared construction as a commodity, therefore, it is subject to the law on consumer protection, Andrey Kolochinsky notes. This law provides for the calculation of a penalty for untimely completed work to eliminate it in the amount of 3%. In the case of apartments, the amount of such a penalty can amount to hundreds of thousands of rubles, depending on the cost of the apartment.

Usually the developer tries not to bring the case to a fine, says Vasily Osipov. If it becomes clear that the contractor who performed the work cannot fulfill the warranty obligations on time, then the developer eliminates the deficiencies at the expense of the guarantee amount, which is withheld from the contractor for a certain period (from 2 to 5 years), depending on the type of work performed.

According to the current version of the Federal Law, the developer pays a participant in shared construction a penalty in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation, says Natalya Shatalina. From January 1, 2016, the value of the refinancing rate of the Bank of Russia is equal to the value of the key rate, which is 10.00. Thus, the penalty is 0.066% (10/150 = 0.066) for each day of delay in fulfilling the obligation by the developer. To calculate specific amounts of forfeit, you can simulate a specific situation. For example, a shareholder - an individual purchased an apartment worth 4 million rubles. The shared construction object was handed over 6 months later than the term stipulated by the contract. In this case, the amount of the penalty will be 495,800 rubles.

What do the borrowers get in the end?

The guarantee from the developer covers literally any shortcomings. These can be, for example, uneven walls due to shrinkage of the house, a crack in a double-glazed window, a sagging front door, a broken lock, a pipe leak, and much more, comments Vasily Osipov. Moreover, if the house gave a serious shrinkage, because of which the repair was damaged, then the developer is obliged not only to eliminate the consequences of shrinkage, but also to reimburse the costs of wallpapering. Naturally, each appeal is checked by a representative of the developer. That is, it will not be possible to accidentally damage the window and repair it at someone else's expense in any case.

According to the concept of the bill, participants in shared construction should receive additional guarantees for the quality of the object being transferred, Natalya Shatalina reports. And if during the operation of the new building defects are found in the elements of interior decoration or landscaping, the buyer can already communicate with the developer with a requirement to eliminate them. In addition, it is planned to establish a general term for eliminating the identified deficiencies - 30 days from the date of receipt of the requirement from the participant in shared construction. According to the current version of the Federal Law, such a period is reasonable and is established independently between the developer and the participant in shared construction.

In the event that the shareholder applies to the developer with a request to eliminate the identified shortcomings, the developer must provide documents indicating that the quality of the object has been checked, the expert notes. In the event that a dispute arises about the quality of the object, the developer must organize a technical examination within 10 days after receiving the application.

Finished apartments - a trend in the housing market

Recently, apartments with decoration are very popular: there is no need to make repairs, spend extra time and money on it. More and more developers are offering ready-made apartments to buyers. Samolet Development builds only finished apartments, Vedis Group offers finished housing in Vershinino residential complex. Many developers can order finishing when buying an apartment.

Read articles on the site in which our Mystery Shopper compares projects where renovated apartments are offered.

Publication date 09 February 2017