How to write a complaint against a developer (construction organization)?

If an organization engaged in the construction of an object under the DDU violates the rules of the law on shared participation in construction or on the protection of consumer rights, a collective complaint against the developer may be a way out of this situation. Shareholders interested in where to complain about the developer should know that they can choose one of the following authorities: state construction supervision, housing inspection, police, prosecutor's office, Rospotrebnadzor. An appeal to one of these bodies does not apply to mandatory pre-trial settlement procedures - shareholders can apply to the court directly to protect their rights.

Normative base

The activities of organizations in the construction sector are regulated by current legislation. In particular, the Law of December 30, 2004 No. 214-FZ sets out the standards for carrying out construction work. After putting the house into operation, the developer and the owner sign a transfer and acceptance certificate. He confirms that there are no complaints about the quality of the received object. After signing the document, the shareholder automatically releases the developer from further obligations. For example, if the deed is signed, and upon acceptance it was discovered that the area of ​​the apartment specified in the contract is actually smaller. In the future, it will be problematic to substantiate your claims.

If the new building does not meet the quality approved by the state standard, then the citizen can express his complaints to the developer before signing the act.

According to Art. 29 of Law No. 2300-1 “On the Protection of Consumer Rights”, dissatisfied shareholders may demand:

• free elimination of deficiencies in the work performed;
• reducing the cost in proportion to the volumes completed;
• compensation for losses associated with identified violations;
• compensation for expenses spent on eliminating identified deficiencies.

The procedure for considering citizens' claims is regulated by the law of May 2, 2006 No. 59-FZ “On the procedure for appeals from citizens of the Russian Federation.” Organizations cannot independently change the regulations and deadlines for considering received applications. This may infringe on the rights of citizens.

Department of Natural Resources and Environmental Protection

The Department of Natural Resources will accept a complaint if it detects a negative impact of construction technologies or harmful materials on the natural environment. Which ultimately leads to the death of green spaces, pollutes the surrounding area, etc.

If you live in Moscow, you can submit an application:

• Send materials by letter, Russian Post, with notification: 119991, “Moscow GSP-1”, Novy Arbat street 11, bldg. 1. Such claims describe the discovered facts of violations, attaching documented evidence. An inventory of the documents being sent must be compiled. And now their delivery can be tracked. If sent without notification, the applicant will not have official confirmation of the application to the Department of Natural Resources and Environmental Protection
  .
  You can find out about the receipt of such a letter by telephone at the following numbers: 8 (495) 609-93-95,
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• In electronic format Here the claim can be attached as a separate document, indicating the topic of the appeal.
• By making an appointment in advance with your deputies or manager by phone. At the reception, the applicant provides all documents and information known to him.
• On the Moscow Government website you can select the Department of Natural Resources
  .

In the application, tell about all the facts of violations, indicate the location of the work and all known information about the developer. Note which authorities have already been contacted and provide decisions on them in a specially designated window. If necessary, you can use the “Add File” button and send evidence in various digital formats.

Reasons for filing

You can complain about a dishonest developer for the following reasons:

This list is not exhaustive and there may be other reasons for filing a complaint.

Reference! A claim against a construction organization is accepted only if there is evidence.

Legal advice

The most common problem is that the developer has missed the deadline for delivering the house. Typically, the completion date of a new building is specified in the share agreement. If the construction company notified the shareholder in advance about the delay and provided a special document, then there is no need to panic. But when the delay has not been justified in any way, then you can safely contact the construction supervision inspectorate or other services.

Usually a complaint against a developer is written using the following example. But to ensure that your application is definitely accepted for consideration, it is recommended that you contact a lawyer. A legal defender will help you correctly draw up a claim with references to all necessary legislative acts.

Sample complaint against the developer

To resolve a controversial issue, you need to follow simple rules for filing a claim.
The document is drawn up in writing. You are allowed to fill it out yourself or using a printing device. You cannot write insults or use blackmail. Only in this case can we say with confidence that the application will not be refused. There is no approved complaint template.

The structure of the document should have the following points:

• name of the institution where the application is sent;
• information about the applicant (full name, address, telephone number);
• details of the agreement with the developer;
• the essence of the problem that has arisen (specific violations committed by the contractor are indicated with reference to the law);
• the applicant’s requirements, for example, to carry out an inspection and replace windows free of charge (you can specify a deadline for completing the work);
• date and signature of the disgruntled shareholder.

The application must list all available evidence that will be attached to the application for a speedy consideration of the issue.

Download a sample complaint against the developer for late delivery of the house

When drawing up a collective complaint, the signature of all citizens who applied is affixed. Some defects may not be immediately detectable. Even new homes can develop problems after a certain period of time. For example, due to indoor humidity, citizens cannot remove mold from the walls. Or, residents will only find out that the roof is leaking after they move in. In this case, a claim is made for poor quality construction.

Law enforcement

Law enforcement agencies are the most appropriate authority for complaints from defrauded shareholders, since the actions of developers in such cases fall under administrative and/or criminal liability. The competent agency accepts the statement of the victim, conducts an investigation and, if facts indicating an offense or crime are identified, initiates a case with subsequent transfer to the court.

Prosecutor's office

The Prosecutor's Office is a body of state supervision over compliance with the Constitution and other current regulations on the territory of the Russian Federation, and in particular, it checks the legality of the activities of governing bodies and heads of legal entities (developers also fall into this category).

Complaining to the prosecutor should begin with the district (city) department, and if there is no response, you can reach the General Prosecutor's Office of the Russian Federation.

It is easier and more reliable to bring the application to the district/city prosecutor's office in person. You can submit a written complaint to the higher divisions of the authority (prosecutor's office of the subject, the central office of the Prosecutor General's Office) in several ways:

1. In person, having previously familiarized yourself with the address and reception schedule on the official website of the required unit *.
2. By mail.
3. Through electronic reception.

* - you can go to the portals of regional departments using this service - genproc.gov.ru/contacts/map/?DISTR=&SUBJ=.

To report an offense to the Prosecutor General's Office of the Russian Federation, you should:

1. Send a letter to GSP-3, 125993, Moscow, st. Bolshaya Dmitrovka, 15a.
2. Bring it to the reception - Moscow, Blagoveshchensky lane, 10, from 9:00 to 18:00 on weekdays, except Friday (until 16:45) and break (from 13:00 to 13:45). For additional questions, call 7 (495) 987-56-56.

Sample of a written complaint to the prosecutorial supervisory authority:

Citizens also have the opportunity to complain to the regional or central prosecutor's office through an electronic complaint form available at the link ipriem.genproc.gov.ru/contacts/ipriem/.

In the upper block of the page that opens, information is provided on the rules and procedure for considering appeals by the state authority; in the next block, users are asked to select the prosecutor's office of the desired subject and go to its Internet reception; giving consent to the requirements established for this.

To submit an application to the online reception of the General Supervisory Authority, the defrauded shareholder provides the following information:

• type and type of treatment;
• Full name of the applicant;
• country and region where the offense was committed;
• delivery address for the response to the complaint (electronic or postal);
• subject of the application (from the proposed options, select “On violation of town planning legislation, including violation of the rights of participants in shared construction”);
• essence of the complaint.

After filling out all the required fields, the user only needs to submit the request. If desired, you can add documents and evidence of the arguments presented to it in the form of electronic documents and media files.

investigative committee

The Investigative Committee of the Russian Federation and its territorial departments, within the framework of the powers assigned to them, carry out:

• pre-investigation verification of the facts stated in the reports of crimes received to them;
• preliminary investigation in criminal cases;
• forensic support for crime investigations, etc.

The complaint is drawn up according to this sample:

There are several ways to file a complaint about a developer’s crime with the RF IC:

1. During a personal visit to the reception office of the Investigative Committee at the address Moscow, st. 1-ya Frunzenskaya, 3a, from 9:00 to 20:00 (Monday to Thursday), from 9:00 to 19:00 (Friday and pre-holidays), from 10:00 to 14:00 (on Saturdays).
2. By mail to the address Moscow, st. 1st Frunzenskaya, 3a.
3. Through the Internet reception.

Instructions for filing a complaint via the web service:

1. At the bottom of the sledcom.ru website page, click on “Internet reception”.
2. Read the information provided in the pop-up window, click “Next” and “Agree.”
3. Fill in the fields of the electronic form (required fields are marked (*)).

Data from investigative departments by region can be found on their official web portals (click on the map located above the menu bar of the sledcom.ru website and select the appropriate subject).

Department of Economic Security and Anti-Corruption

The name of this unit of the Ministry of Internal Affairs speaks for itself: its area of ​​competence is the fight against corrupt officials, fraudsters and other economic criminals. Therefore, for defrauded shareholders fighting for their rights and compliance with the law, UEBiPK is one of the relevant authorities for appeal.

You should start with the regional departments of economic security and anti-corruption, which operate in each police department. The next level is the Department of Economic Security and Anti-Corruption (UEBiKP), located under the Main Directorate of the Ministry of Internal Affairs of a constituent entity of the Russian Federation. And higher only is the GUEBiKP - the main department of the department, which exercises its powers as a structural unit of the Ministry of Internal Affairs of the Russian Federation, that is, at the federal level.

It’s easy to find out the coordinates of departments and departments. It is enough to find the official website of the Ministry of Internal Affairs, the Main Directorate of the Ministry of Internal Affairs or the Department of Internal Affairs, go to the “Structure” or “Divisions” section and select the department/department of economic security and anti-corruption from the list.

The website of the Ministry of Internal Affairs is mvd.rf, the list of the Ministry of Internal Affairs can be opened by clicking on the map with the inscription “Ministry of Internal Affairs in the regions” in the upper left corner of the page. To search for the desired police department, similar actions are performed, only from the portal of the Main Directorate of the Ministry of Internal Affairs.

Methods for filing a complaint with the UEBiPK can be considered using the example of the Moscow department. The following options are available:

1. In person or by mail at 119049 Moscow, st. Shabolovka, house 6.
2. Call the helpline or 24 hours a day 02.
3. To the district division (contact details at the link uebipk.msk.mvd.rf/Okruzhnie_podrazdelenija/Okruzhnie_podrazdelenija).
4. Through the online reception (uebipk.msk.mvd.rf/Dlja_grazhdan/request_main).*

* - to file a complaint, the user will need to fill out an electronic form.

Contacts of GUEBiPK (main department):

1. Address: 107078, Moscow, Novoryazanskaya st., 8a, building 3.
2. Telephone number of the duty department.
3. Online application submission service MIA.RF/request_main.*

* - by clicking on the link, you must:

• select from the list of divisions “Main Directorate of Economic Security and Anti-Corruption”;
• agree to the rules for submitting and considering appeals;
• indicate the name and position of the addressee (for example, Kurnosenko Andrey Anatolyevich, head of GUEBiPK);
• the status of the applicant (individual or legal entity), his full name or name;
• return address (email or postal);
• the authority and date of preliminary appeal on this issue;
• text of the complaint.

Warranty period

In Art.
7 of Law No. 214-FZ determines that the developer, when transferring a construction project, guarantees its quality. The warranty period for the building structure is 5 years, for technical equipment – ​​3 years.

During this time, the organization undertakes:

• eliminate identified deficiencies free of charge;
• make a discount on the purchase in proportion to the detected defects;
• pay the owner's expenses spent to eliminate them.

If the developer refuses to comply with the shareholder’s demands, then a complaint is filed for failure to fulfill warranty obligations.

Download a sample claim to the developer for elimination of defects under warranty

Reason for contacting

An appeal to the prosecutor’s office can definitely be written in the following cases:

• the construction company does not have a building permit;
• construction is carried out on a site that is allocated for individual construction;
• the developer ignores the shareholder’s written claims for payment of a penalty;
• there are grounds that the developer is engaged in fraudulent activities;
• the developer misappropriates the shareholders' funds - for example, gives them to the construction of another facility;
• the developer demands to pay some advance payment in advance, for which there are no reasons in the DDU;
• During construction, housing legislation is violated.

The reasons for non-payment of penalties are one of the most common today. As for scammers, since the new Federal Law 214 introduces a requirement to include the insurance company in the list and we are talking about a well-thought-out (from a legal point of view) agreement, the risks of falling for scammers are minimal.

In GZHI

A complaint is sent to the housing inspectorate if the rights of the shareholder specified in the contract are violated. Most often, a controversial situation arises when renting out a house.

A dishonest contractor may require payment of utilities. It is worth clarifying here that from the moment the house is put into operation until the transfer and acceptance certificate of the residential premises is signed, the developer must pay utility bills. The shareholder's obligation to pay for housing and communal services arises after signing the transfer deed (Article 153 of the Housing Code of the Russian Federation). The new owner enters into an agreement with the management company and makes payment for the services consumed. The organization also considers issues if violations concern the connection of the facility to city communications.

To Rospotrebnadzor

The institution deals with complaints related to violation of consumer rights. Owners of new housing can contact Rospotrebnadzor if poor-quality repairs to the premises are detected, sanitary construction standards are violated, or the terms of the signed agreement are not met. You can also go here to check the correct distribution of funds from shareholders.

Download a sample complaint to Rospotrebnadzor against the developer