And it says that if the contractor has not established a time frame for quality guarantees, and if the customer has discovered significant defects and defects, then they can be reported no later than 2 years after acceptance of the object under the acceptance certificate (Article 724 ). If there are no claims, then a warranty period is automatically established for a period of time equal to five years (Article 756). After this time, claims cannot be made. Or, you will have to prove that shortcomings were committed during construction work, relying on Article 725, and complaints and evidence must be completed within a three-year period from the date of transfer of the facility. Article 725.
What warranty period can you give when building 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 achieve in court the enforcement of claims against the developer under the guarantee. Although if warranty claims arose after the apartment was accepted, it’s okay - but there will be more litigation.
What the Builder Doesn't Warranty 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 there that the developer is responsible for deficiencies of a capital nature. But there is one trick that real estate lawyers use.
After the house is commissioned, the management organization bears responsibility for its internal condition. There is a list of requirements for their work.
Error 404
Limitation period for claims of poor quality of work
- The limitation period for claims brought in connection with inadequate quality of work performed under a contract is one year, and in relation to buildings and structures is determined according to the rules of Article 196 of this Code.
- If, in accordance with the work contract, the result of the work is accepted by the customer in parts, the limitation period begins from the day the result of the work is accepted as a whole.
- If a warranty period is established by law, other legal acts or a work contract and a statement regarding defects in the work result is made within the warranty period, the limitation period specified in paragraph 1 of this article begins from the date of the statement of defects.
And this is practically impossible.
Legal warranty period for repair work
However, due to direct provisions of the law, the contract may provide for a longer warranty period 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 indicate this period in the contract.
Important! The warranty period for technological and engineering equipment of MKD cannot be less than three years. This equipment includes elevators, boiler rooms, substations, garbage chutes, access systems, ventilation and heating units. To participate in construction, contractors are selected who guarantee the fulfillment of obligations for a period no less than under the agreement with the shareholders.
If this condition is not met, then all responsibility for the operation of engineering equipment falls on the developer.
Warranty obligations of the developer after delivery of the house
Important
This period of time is specified in the relevant agreement and depends directly on the developer’s policy. Moreover, it does not take into account what kind of building it is, a multi-storey building or a small cottage. The warranty period begins to apply from the moment the building or structure is put into operation.
A warranty period of less than 1 year is not permitted by law under any circumstances. However, Article 756 of the Civil Code of Russia has such a concept as the period for discovery of defects and it is defined as five years from the date of official commissioning of the house. This means that during this period of time the developer must eliminate deficiencies free of charge, for example, such as a leak in the roof, or a malfunction of ventilation ducts, and so on.
It may seem that the warranty period and the period for detecting defects are the same thing, but this is not the case.
What is the warranty for a residential building from the construction company?
It is also important to remember that the contractor may refuse to comply with 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 structure is used incorrectly, responsibility for any defects that arise will lie with the customer. In any case, 5 years after the completion of the project, the contractor is relieved of all responsibility for the quality of the work performed. What does the warranty cover? The contractor can guarantee:
- Conscientious performance of all types of work.
- Correct design of individual equipment.
- Proper installation and use of quality material.
New house Here we will consider two options for the warranty period for a new house: apartment and private houses.
Developer's guarantee
Responsibilities of the contractor for environmental protection and ensuring the safety of construction work
- When carrying out construction and related work, the Contractor is obliged to comply with the requirements of the law and other legal acts on environmental protection and the safety of construction work.
- The contractor is responsible for violation of these requirements.
- The contractor has no right to use materials and equipment provided by the customer during the work, or to follow his instructions, if this may lead to a violation of the requirements for environmental protection and safety of construction work that are mandatory for the parties.
If there is no specified warranty period under the contract, you must refer to the law and, if necessary, go to court.
Why is the warranty period for frame houses so short?
Duration of fulfillment of warranty obligations There is a common misconception that the developer’s warranty is supposed to be valid for 5 years. Actually this is not true. As mentioned above, this period applies to common building structures. For engineering – 5 years. But the condition of the roof is 10 years.
Attention
If a claim is identified and the developer agrees to eliminate the deficiencies, then in accordance with clause 2 of Article 7 of 214-FZ, the developer must eliminate the deficiencies “within a reasonable time.” Unfortunately, what a reasonable period is is not specified in the law, so each case must be considered individually. Usually this is 30 days, but the period can be extended. In order to find out the elimination period in each specific case, experts analyze similar services on the market.
And they focus on the average period within which third-party organizations offer to complete such work.
Acceptance of work and guarantee
The load-bearing structures of frame houses (that is, the frame of the house) when sheathing the outside with OSB have a 10-year warranty. For work on the installation of slope coverings, namely: on the installation of external and waterproofing roofing coverings (flexible tiles). as well as for the installation of a foundation in the form of sheathing, flooring or solid slabs - 3 years. For wooden windows OD OSB with single-chamber or double-glazed windows (including installation work) - 3 years.
For all other types of work and services - 1 year. In some cases, the developer turns to workers to perform any work that is not specified in the contract, believing that this will help save him money.
These include:
- Law on Consumer Protection";
- Civil Code of the Russian Federation.
The latter, in its article 754, defines the specific responsibility of the construction organization to customers. Namely, the quality of work performed, provided for:
- prepared design and estimate documentation;
- norms and rules of state legislation.
The developer must be responsible for the following:
- elimination of deficiencies arising as a result of poor quality construction and installation work;
- for improper design of individual elements of a building or structure.
After the teams have completely completed the construction of the house, the client comes to the site, carefully inspects the finished object and signs a certificate of delivery and acceptance of work. If any deficiencies are discovered, he contacts the Zodchego complaints service, operating at the Yuzhnaya exhibition site, which in turn sends field technologists to the site. The inspection is always carried out in the presence of the developer. If, based on its results, the presence of defects indicated by the client in the application is confirmed, then the repair teams will eliminate them free of charge within the agreed and shortest possible time.
The company has warranty periods for work and materials. The set of wall beams with a cross section of 140x168 mm is covered by a 25-year warranty. For a set of wall beams with a cross-section of 140x146 mm - 15 years, for a set of wall beams with a cross-section of 140x84 mm - 10 years.
Good day, Elena. Contact the developer on the basis of Art. 755 of the Civil Code of the Russian Federation (Quality guarantees in a construction contract
contract)
1. The contractor, unless otherwise provided by the construction contract
contract, guarantees the achievement of the construction site specified in the technical
documentation of indicators and the ability to operate the facility in accordance with
construction contract during the warranty period. Installed
By law, the warranty period may be increased by agreement
sides
2. The contractor is responsible for shortcomings (defects)
discovered within the warranty period, unless it proves that they occurred
due to normal wear and tear of the object or its parts, improper
operation or incorrect instructions for its operation developed
by the customer himself or third parties involved by him, improper repairs
an object produced by the customer himself or by third parties engaged by him
persons.
3. The warranty period is interrupted for the entire time
during which the object could not be operated due to deficiencies, for
which the contractor is responsible for.
4. If any defects are discovered during the warranty period,
specified in paragraph 1 of the article
754 of this Code, the customer must declare them
to the contractor within a reasonable time after their discovery.
as well as Art. 724 of the Civil Code of the Russian Federation (Time limits for detecting inadequate quality of results
work)
1. Unless otherwise provided by law or contract,
the customer has the right to make claims related to inadequate quality
result of the work, provided that it is identified within the deadlines established
this article.
2. In the event that there is no guarantee for the result of the work
deadline, requirements related to shortcomings in the work result may be
presented by the customer, provided that they were discovered within a reasonable time, but
within two years from the date of transfer of the work result, unless other deadlines
established by law, contract or business customs
turnover.
3. The customer has the right to make claims related to
defects in the work result discovered during the warranty period
term.
4. In the event that the warranty period provided for in the contract
is less than two years and shortcomings in the work result were discovered by the customer
upon expiration of the warranty period, but within two years from the date
provided for in paragraph
5 of this article, the contractor is liable if
the customer will prove that the defects arose before the delivery of the work result
to the customer or for reasons that arose before this point.
5. Unless otherwise provided by the contract, the warranty
term (clause 1 of article
722) begins to flow from the moment when the result of the completed
the work was accepted or should have been accepted by the customer.
6. To calculate the warranty period under a work contract
the rules contained in paragraphs 2 and 4 of Article 471 of this Code are applied accordingly if
otherwise not provided by law, other legal acts, agreement of the parties or not
follows from the specifics of the contract.
I think that the chances of forcing the developer to correct the deficiencies in the work he made during the construction of a residential building are quite high.
What are warranty periods during construction? It would seem, why and why to give guarantees for construction work? Few people think that even when building a garage, a guarantee must be established in accordance with the contract or for the period established by law. What can we say about residential buildings in which people will live? After all, poorly executed construction work can lead not only to the inability of owners to use residential premises, but also threaten their life and health.
What period of construction work is considered to be the most optimal? What provisions of the legislation of the Russian Federation regulate the concept of a warranty period in the construction industry? What responsibility does the developer bear for negligence in his work and when is the responsibility removed from the developer? What is the deadline for filing a claim if defects are found? How to properly file a claim and who can you complain to about the developer? Millions of questions that we will try to answer further in the text.
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The warranty period is most often negotiated in the contract agreement. But there are also mistakes in its composition. Provided that the warranty period for the builders’ work was not discussed in advance, this does not mean that it does not exist at all. Several articles of the Civil Code address this topic. The period of five years is established by Article No. 756, but the terms of the agreement will be of paramount importance. Further, article No. 724 talks about the time frame within which it is necessary to find the flaws of unscrupulous contractors:
- if a guarantee was not discussed, claims based on the results of the work can be made, provided that defects are discovered in the first twenty-four months after the delivery of the object by the customer;
- the guarantee comes into force after the customer has accepted the finished object or should have accepted it;
- If the contract specifies a warranty period and it is less than two years, the customer can file a claim with the developer after the warranty for the work performed has expired. But he will have to prove that the shortcomings were discovered after the operation of the building, but they arose before the object was commissioned.
The main idea from these articles is the following: if a defect in the contractor’s work was discovered during the warranty and at the same time proved that it was his fault for causing the damage, he will have to correct everything at his own expense. The customer can also submit his claims for compensation for physical, property and/or moral damage. The construction organization has the right to refuse to fulfill the customer’s requirements. But at the same time he will have to objectively justify his non-involvement. Very often, such disagreements can only be resolved in court with the involvement of an independent construction expert as an expert. , you can see in the article on our website. Or consult the duty consultant of the Internet portal “PravPotrebitel”.
Contractor guarantees
The relationship in the construction industry between the customer and the contractor is of a contractual nature and must be formalized in a legal manner. The most commonly used template is a contract agreement.
The contract has a standard form. You can view an example of a typical agreement for construction work by downloading it from our website. Its content is not strictly regulated by law. When filling out, it is necessary to comply with the rules of civil law common to all contracts. Including the warranty period is not a mandatory clause of the agreement. The following points must be discussed:
- the work procedure, requirements for finished construction products, payment terms are discussed in detail;
- the period within which the contractor is obliged to deliver the facility;
- amount of payment for the contractor’s work, payment procedure (prepayment, partial payment, post-payment, etc.);
- responsibilities of both parties;
- rights of both parties;
- liability of the parties for violation of agreements;
- date, place and time of signing;
- details and/or personal data of the parties;
- signatures.
The terms of warranty service, at the request of both parties, can be included in the text of the contract as a separate clause. If a guarantee is established, then it will be necessary to rely on the terms of the contract (if it turns out that the object accepted by the customer does not meet the quality requirements). In the absence of a clause on warranty service, Article 724 of the Civil Code of the Russian Federation comes into force. In this case, the customer is given twenty-four months to discover the defects. If the parties have no claims against each other, then the warranty period for construction work is established by law for 5 years. (Article 741 of the Civil Code of the Russian Federation). Otherwise, you will have to collect evidence that the detected defect was made during the construction process.
The limitation period, provided that the delivery of the construction project was divided into several parts, begins to be calculated from the moment the entire project is delivered to the customer.
You need to pay attention to the following points:
- improper operation of the building relieves the contractor of all responsibility;
- the construction organization may classify the detected defect as natural wear and tear of the building;
- the contractor has the right to disagree with the customer’s opinion and not to fulfill his claims.
I would like to separately note one of the responsibilities of the performer. The Contractor is obliged to comply with legislation that is aimed at preserving the environment. For violation of these norms, the performer will be held accountable. The contractor has the right to refuse work or use materials provided by the customer if nature may be harmed as a result.
Warranty for different types of work
A construction organization can provide guarantees on the following points:
- performing the entire scope of work in good faith and in accordance with the requirements for quality and reliability in the construction industry;
- correct assembly, installation and fastening of individual structures;
- selection of only high-quality materials for use in the construction of the ordered facility.
The rules for fulfilling warranty obligations during the construction of a new apartment building are regulated not only by the civil law institution. The Code comes to the aid of a federal law regulating the participation of equity holders in the construction of new buildings.
In this case, unless otherwise specified in the terms of the contract, the warranty period is five years and is calculated from the moment the act of acceptance of the apartment is signed by the first resident of the apartment building. Private houses usually have a warranty period of no more than three years. The quality of design work can be assessed within two years. Roofing warranties range from two to ten years, depending on the materials used. After a five-year period has passed after the completion of the entire project, the builders are relieved of responsibility for quality (with the exception of individual parts of the building, for example, the roof). In general, after the customer has signed the acceptance certificate and indicated that he has no claims against the developer, it is quite difficult to prove his negligence. And sometimes it’s simply impossible.
Therefore, before signing any papers, you must consult with specialists.
It’s even better to order an independent construction and technical examination. This will avoid mutual claims and litigation in the future.
Paragraph one clearly states the developer’s obligation 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 participation agreement, but also with other technical regulations and urban planning standards. Law No. 214 protects shareholders who have entered into a share participation agreement with the developer. Therefore, if you are planning a purchase using bills, shares or other forms, then think twice. Indeed, in this case, the claim to the developer regarding an apartment building will be regulated precisely by the Civil Code of the Russian Federation, without assistance from the relevant federal law. See Article 756 of the Civil Code of the Russian Federation. And even in this case, you need to understand that each situation is individual, and carefully study judicial practice. What guarantees can a shareholder expect? A guarantee from the developer for a new home includes two types of obligations.
What warranty period can you give when building a frame house?
Duration of fulfillment of warranty obligations There is a common misconception that the developer’s warranty is supposed to be valid for 5 years. Actually this is not true. As mentioned above, this period applies to common building structures.
For engineering – 5 years. But the condition of the roof is 10 years. If a claim is identified and the developer agrees to eliminate the deficiencies, then in accordance with clause 2 of Article 7 of 214-FZ, the developer must eliminate the deficiencies “within a reasonable time.”
Attention
Unfortunately, what a reasonable period is is not specified in the law, so each case must be considered individually. Usually this is 30 days, but the period can be extended. In order to find out the elimination period in each specific case, experts analyze similar services on the market.
And they focus on the average period within which third-party organizations offer to complete such work.
Error 404
Important
A shareholder who has familiarized himself with the Talmud of standards and norms is able to independently detect at the first inspection all the shortcomings made during the construction and renovation of an apartment in a new house, and most importantly, to competently present his claims to the developer. Obstructed walls, flimsy windows, lack of waterproofing or broken communications are just some of the many reasons to refuse to sign the acceptance certificate and demand that defects be eliminated.
An apartment in a new building, like any product, is subject to Article No. 29 of the Russian Law “On the Protection of Consumer Rights,” which states that the buyer has the right to demand free elimination of identified defects in the product, a price reduction, or reimbursement of expenses.
Warranty obligations of the developer after delivery of the house
A participant in shared construction has the right to file a claim in court or present written demands to the developer in connection with the inadequate quality of the shared construction project, indicating the identified shortcomings (defects), provided that such shortcomings (defects) were identified during the warranty period. The developer is obliged to eliminate the identified shortcomings (defects) within the period agreed upon by the developer with the participant in shared construction.
If the developer refuses to satisfy the specified requirements out of court in whole or in part, or in the event of failure to satisfy the specified requirements in whole or in part within the specified period, the participant in shared construction has the right to file a claim in court. (Part 6 as amended by Federal Law dated July 3, 2016 N 304-FZ) (see text in the previous edition) 7.
Article 7. quality guarantees provided for in the contract
- 1 What do the developer’s warranty obligations mean?
- 1.1 What guarantees can the equity holder count on?
- 1.2 What the developer does not guarantee
- 2 Terms of fulfillment of warranty obligations
- 3 How to properly file a claim?
- 4 How to force builders to eliminate shortcomings?
A developer's guarantee is required when purchasing an apartment in a new building. In this text, we will look at the basic laws that govern this obligation, clarify the deadlines and tell you what to do if a situation arises when you have to file a claim with the developer to eliminate defects under the warranty.
In modern legislation, any purchase of an apartment in a building under construction (or rather, shared participation in construction) is regulated by the provisions of Federal Law-214 - the law on participation in shared construction of apartment buildings.
Developer's guarantee
These include:
- Law on Consumer Protection";
- Civil Code of the Russian Federation.
The latter, in its article 754, defines the specific responsibility of the construction organization to customers. Namely, the quality of work performed, provided for:
- prepared design and estimate documentation;
- norms and rules of state legislation.
The developer must be responsible for the following:
- elimination of deficiencies arising as a result of poor quality construction and installation work;
- for improper design of individual elements of a building or structure.
Who will fix the defects in the new house?
The first difference is that after the warranty expires, you must independently prove that the developer is at fault. This means that you will need to carry out the appropriate examination and pay for it yourself.
The second difference will be the complexity of reimbursement of costs and payment of penalties for violation of deadlines for eliminating deficiencies. You must submit a claim and demand that deficiencies be corrected within a certain period of time:
- for construction, installation and repair work - 1 year;
- in relation to defects arising due to poor quality work performed during construction - this is 3 years;
- If you were able to correct the identified deficiencies yourself, then you can present the developer with repayment of the costs incurred.
When signing an agreement with a developer, be sure to check whether it contains a clause on the free elimination of defects.
Warranty periods for housing
Important! The period for consideration and response to claims is regulated by the Law on the Protection of Consumer Rights (up to 10 days) and the Civil Code of the Russian Federation (no more than 30 days). But it is better to indicate in the text of the appeal the period within which to consider and respond to the appeal.
In most cases, the nature of the appeal is carefully checked to see whether the claim falls under the responsibility of the management company. Therefore, it is recommended to apply there at the same time.
Info
Having in hand a response from the Criminal Code confirming that the defects are construction deficiencies, it will be easier to communicate with the developer’s representatives. Since the technological equipment of a residential building is transferred to the management company for operation, its responsibilities will include routine maintenance and repair of the transferred property.
The state strictly protects the right of citizens to quality, and therefore a DDU without a warranty period is considered invalid. Thanks to Federal Law-214, the developer does not have the right to shift responsibility for the quality of the above-mentioned premises and equipment to the management company.
Despite the fact that the management organization officially accepts the house, the guarantee is valid in any case, and for this reason, it is not the residents of the apartments in the new building, but the developer, who must pay for suddenly burst pipes or leaking roofs. New building: working on mistakes DDU and FZ-214 are a measure of fairness in the relationship between the developer and the shareholder.
It happens that the so-called “reasonable period” prescribed in the DDU is allotted for correcting deficiencies. By law, a reasonable period is considered to be 30 working days or 45 calendar days.
What is the warranty period for an individual home?
In the event of a significant violation of the quality requirements for a shared construction project or failure to eliminate identified deficiencies within a reasonable period established by the participant in shared construction, the participant in shared construction unilaterally has the right to refuse to fulfill the contract and demand from the developer the return of funds and payment of interest in accordance with Part 2 of Article 9 of this Federal Law. (as amended by Federal Law No. 111-FZ of July 18, 2006) (see text in the previous edition) 4.
The terms of the agreement to release the developer from liability for defects in the shared construction project are void. 5. The warranty period for a shared construction project, with the exception of technological and engineering equipment included in such a shared construction project, is established by agreement and cannot be less than five years.
Our guarantees are your confidence in an excellent result. The 10-year warranty applies to major building structures. The warranty on all sections of the construction contract and engineering equipment is 12 months.
At every stage of work, we are ready to offer you the best solutions to make your dream of your own home come true. Your house will be built in the agreed configuration, at a guaranteed fixed price and within the agreed time frame.
Warranties for frame houses of the BAKO company
During the first 11 months of living in a new home, some problems may arise in terms of cosmetic materials, for example, a crack has formed on the wall or a tile has fallen off due to humidity, temperature changes and other factors. We have an 11-month guarantee for all this, i.e. During the first year, if such problems arise, you simply contact us - we come with materials and make repairs.
You need to photograph the defects in photos or videos and send them to your manager by email. Your personal presence and contacting the company is not even necessary. In approximately 45% of such cases, we come and carry out the necessary work, another 55% do not contact us because they do not have problems or do not want to apply for some reason. We understand that you need our help and are always ready to help you.
Bearing structures
If we are talking about load-bearing walls, roofing, engineering systems, then here is the following situation. The heating system must be checked annually. It's like car maintenance, a year has passed - carry out routine procedures. If you don’t, and in the third year some filter bursts, then this is no longer a warranty issue. These are necessary measures that you yourself must observe and implement for your own safety and comfort. There are procedures that you must carry out yourself, and the responsibility for this lies with you, as the resident and owner of the house.
Foundation
Responsibility for choosing a foundation does not lie with the client. You may contact the company precisely because you don’t understand anything about construction. And they should help you and explain the necessary procedures and costs for certain work.
Moreover, there may be such a situation. We tell you that the soil is complex and circular drainage is necessary. You think that the price is expensive and you refuse. If the matter comes to court, the court will be on your side.
Our task is to explain how to do everything correctly and competently. If you do it wrong, the structure will hold up for a certain time, but problems will still arise. And the responsibility for this lies with the construction company, which is responsible for its work.
Design work stage
During the development of the project, you will be given technical documentation and applications that outline all the obligations and responsibilities on the part of our company. You can receive information electronically or on paper. Familiarize yourself, read it - you can ask your manager questions about any unclear points. Also, if you do not have a contract yet and are interested in how we work, you can also obtain the general terms and conditions for review
