Refund of money for poor-quality apartment repairs according to the law

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What repairs can be considered poor quality?

Remember! The relations that arise between the customer and the contractor during renovation work in an apartment are regulated by the Civil Code of the Russian Federation. Chapter 37 of the Civil Code is devoted to these issues, and the rules themselves, which must be observed by the parties, are provided for in Article 39.

If the rights and legitimate interests of the customer have not been respected, then the provisions of the Federal Law on the Protection of Consumer Rights are used to protect them. In addition, the homeowner must supervise the contractor's work to ensure it complies with existing sanitary standards.

Poorly carried out repairs make themselves felt within a few weeks or months. However, some shortcomings in the work can be seen immediately.

These include:

uneven wallpapering, different color shades when painting walls or ceilings;
uneven surface of the walls and ceiling after applying a layer of putty and covering them with plasterboard;
uneven floor surface under laying linoleum or after laying floor tiles;
other defects that are immediately noticeable.

Remember! A number of defects are hidden and appear after some time, these are:

cracks on the walls or ceiling that appeared under the painting as a result of the use of low-quality putty;
subsidence in certain places of the flooring;
deformation of plasterboard partitions and suspended plasterboard ceilings;
falling off of ceramic tiles.

Important! Poorly carried out repairs may result from violation of technological deadlines that must be observed for each type of work. In this case, the customer has every reason to file a claim with the contractor.

○ Where can I get evidence?

To increase the likelihood of the outcome of the trial in your favor, you need to take care in advance to create an evidence base.

This may include:

repair report;
witness statements;
report on the independent examination, etc.

✔ Carrying out an independent examination.

To prove the poor quality of the repair work provided, it is worth inviting an independent expert. He will conduct his research and write a report on the results. Since the legal process is initiated by the customer, he will most likely pay for the examination. But if the results determine that the technician is at fault for not correcting the problems, he will be required to compensate for the cost of the examination.

What can you claim for improper repair work under the law?

When you decide to renovate your apartment, you should carefully choose a contractor. There are many companies on the market for these services, some of which operate unofficially.

Therefore, there is a great possibility of encountering hired workers who are not sufficiently professional.

And sometimes you can fall for outright scammers who, having received an advance, immediately disappear in search of another gullible customer. Therefore, in any case, all relations with the contractor should be formalized in writing.

The issue of paying taxes lies with the contractor, and the customer must protect himself with the concluded agreement.

The presence of such a document will not only encourage the contractor to perform all work efficiently, but will also allow the customer, if necessary, to protect his rights and legitimate interests on the basis of Article 29 of the Federal Law on the Protection of Consumer Rights.

Poor apartment renovation: photo

Repair is a complex process that requires not only theoretical knowledge. To renovate an apartment, it’s not enough to read how it should be done. Poor execution will certainly lead to even greater costs and inconvenience.

How to find a good master for apartment renovation

For example, your repair was done poorly. You will have to look for finances again, go to relatives, friends or to the country and endure not the most comfortable conditions.

And all thanks to the fact that you chose one of the options below:

decided to save money and hire a cheap team of “supposedly craftsmen” (or paid Uncle Kolya, a neighbor who installed tiles in his toilet);
trusted a company about which they knew nothing (and did not study real and written reviews about its activities, as well as ratings of the company and/or its employees);
did not control the repair process, but saw in the end that it was of poor quality, and all the time and money was wasted.

What to do if you are not satisfied with the repair

The parties to legal relations when renovating an apartment are:

the owner or tenant of the property, who is called the customer;
performer of work represented by a legal entity, individual entrepreneur or individual.

The relationship between these parties is regulated by the relevant norms of civil legislation, consisting of the Civil Code of the Russian Federation and the Federal Law on the Protection of Consumer Rights.

Important! If the customer is a business entity, for example, a limited liability company or an individual entrepreneur, then their relationship is subject to the norms of the Civil Code of the Russian Federation and other branches of law. The Consumer Protection Law has nothing to do with them.

After carrying out repair work, the customer, during a visual inspection, can detect defects and deficiencies, if any. After all, it is impossible not to pay attention to falling wallpaper, uneven floors, incorrect installation of windows, heating radiators and other obvious shortcomings.

Some shortcomings and defects may appear only after a certain time; the customer is simply unable to evaluate some if he does not have the appropriate special training.

Please note! The customer’s action algorithm should be as follows:

If defects and deficiencies are discovered, a written report should be drawn up. Such a document may also be called a defective statement. It is advisable that it be signed by both parties to the legal relationship. If for some reason the contractor is absent or does not want to sign the statement, it is advisable to invite a construction specialist who will draw up the statement. In addition, the document is signed by the customer and preferably two neighbors. It is better to record all defects by photo or video;
In order to present a justified claim to the contractor, it is necessary to order a construction examination to determine the quality of the repair work performed. It can be performed by a licensed builder or an appropriate expert institution. With the help of an examination, you can not only identify all hidden defects, but also make a calculation - how much money will need to be paid to correct the detected defects;
a legally valid written claim is served on the contractor. To draw it up, it is recommended to involve a qualified lawyer specializing in the field of construction. The quality of the claim will largely determine the behavior of the contractor. The claim must be accompanied by an expert opinion, as well as an estimate of damages. In addition, the contractor’s attention should be drawn to the decision to go to court and recover not only the amount paid for poor-quality repairs and damages, but also compensation for moral damage caused. If for some reason he refuses to accept it and mark its receipt, the document should be sent by registered mail with acknowledgment of receipt and a list of the attachments;
in case of partial satisfaction, receipt of a negative response to the stated claim, or the contractor ignoring the requirements set out in it, one should prepare for a judicial procedure for resolving disputed legal relations.

How to avoid bad apartment renovation?

In order not to waste the most valuable resource, which is not returned, time, and no less expensive, and actually irreplaceable, nerves, you should contact professionals when ordering apartment renovation. This will allow you to avoid poor-quality execution of the order.

Tips for renovating an apartment

By choosing a team from Repair Masters, you don’t just sign an agreement, but confidently move towards your intended goal with professionals. They will develop all estimates and indicate in advance the calculation of the time frame for carrying out this repair. They will also provide guarantees, including situations of force majeure and failures.

Being confident in the effectiveness of the renovation is what is important if you are planning to transform your home.

We will also help you redo bad or low-quality repairs after other teams and contractors. We can complete any task, even the most complex and confusing.

Under what conditions can you get your money back?

Refusal of the contractor's services and a demand for the return of the amount paid for repairs is possible in strictly defined cases.

Attention! They are spelled out in Article 29 of the Law on Protection of Consumer Rights:

failure to eliminate deficiencies agreed upon by the contractor within the time period agreed upon by the parties;
the identified deficiencies in the contractor’s work are significant. This gives the customer the right to immediately demand compensation for losses and a refund of the amount paid. However, in order to classify the identified deficiencies as significant, it is necessary to obtain an expert opinion;
When performing repair work, the contractor independently changed the terms of the contract, which may involve the use of materials that were not agreed upon with the customer.

A legally competent contract for repair work and quality control of the work performed make it possible to timely identify shortcomings in the work of the contractor and demand not only the elimination of the shortcomings, but also, in the event of significant defects, to recover in court the money spent on repairs and compensate for moral damage caused by the contractor.

If the issue is the identification of minor defects, then the contractor tries to eliminate them at his own expense, without bringing the matter to trial.

How to get money back for poor-quality balcony repairs?

How to get online legal advice for free, read here.

How to draw up an agreement to terminate a work contract by agreement of the parties, read the link:

Documentary support

First of all, it is necessary to collect all the documents certifying the quality of the repairs performed and the participation of a specific contractor in this process. When submitting a letter of claim and statement of claim, the main grounds confirming the violation of rights will be:

Work agreement. A document proving the completion of a transaction between the customer and the contractor. It must indicate the deadlines for delivery and acceptance of work, the cost of repairs, the warranty period and other essential conditions.
Examination report. An independent examination documents and substantiates the poor quality of the repairs performed. The expert will also calculate how much it will cost to eliminate these violations. This is an official document necessary for the statement of claim and claim, which has legal force in court.

The listed documents are sufficient to obtain compensation from the contractor. Without a contract, you can also demand compensation from the contractor, but proving your legal position in this case is much more difficult.

What can you charge additionally?

If it comes to the need to go to court, the Law on the Protection of Consumer Rights exempts such statements of claim from paying state fees.

Remember! There are legal grounds for applying additional financial sanctions to the contractor:

collection of a penalty in the amount of three percent of the total cost of work for each day of delay in meeting the customer’s requirements. This provision is directly provided for in Article 31 of the Federal Law of the Russian Federation;
compensation for moral damage caused. The plaintiff can claim any reasonable amount, but the court independently determines it depending on the circumstances of the particular case. Article 15 of the Law on the Protection of Consumer Rights provides the basis for such a requirement. However, if the plaintiff does not make such demands, then the court, on its own initiative, does not have the right to apply this sanction to the defendant;
legal costs incurred by the plaintiff. These include the costs of paying for the services of an expert, lawyer, notary, mail, and transportation costs. The state fee, which was not paid when going to court, is subject to recovery from the defendant if his guilt is proven;
a fine of half the amount collected from the contractor. This amount of sanctions is directly provided for in Article 13 of the Federal Law on the Protection of Consumer Rights. You should be aware that this penalty does not include the amount of moral damage and legal costs.

What to do if repair work was carried out without a contract

Current legislation provides for the possibility of concluding not only written contracts, but also oral ones. This form is often resorted to if the performer is an individual who is not an individual entrepreneur.

It is not difficult to conclude a contract, determine a list of works, calculate their cost, pay an advance and make a full settlement under an oral agreement. Difficulties begin to appear after the contractor has left the site, having received full payment.

Attention! If, after the completion of the repair, the customer discovers defects, other obvious shortcomings, or the deadline for completing the work is violated, then it will be quite difficult to make reasonable claims against the contractor.

Especially if the hired workers did not leave any of their detailed data, except for their names and mobile phone number, which “for some reason” stopped being serviced. In such a situation, it will be necessary to establish the complete data of such a contractor, which will take a certain period of time and additional financial costs.

If the customer is lucky and the contractor is identified, then he is presented with a written claim, an answer is expected, and only after that it will be possible to go to court. However, at the court hearing it will be necessary to provide evidence that it was a specific contractor who carried out the repair work.

Claim procedure

If conflict situations arise with the contractor regarding the quality of the repairs performed in the apartment, it is better to resolve all controversial issues peacefully. This is achieved through negotiations or by sending a written claim to the contractor. Without such a document there is no judicial prospect of resolving the conflict.

The current legislation does not contain specific requirements regarding the content of a claim. However, legal practice has developed certain criteria for this document.

Important! It should include the following information:

the full name of the contractor, including its legal form of ownership, legal address and known means of communication with it;
last name, first name, patronymic, residential address of the customer, means of communication in the form of a landline or mobile phone number, email address;
name of the document “Claim”;
when, on what terms, the contract for repair work was concluded, what the contractor needed to do, requirements for the quality of work;
date of start and end of repair work;
procedure for calculation, making advance payments, final payment;
actual fulfillment by the parties of their obligations;
what defects or significant deficiencies were discovered after the repairs were carried out, how this is confirmed;
legal basis for filing a claim;
requirements put forward by the customer;
a list of further steps if the claim is not satisfied;
copies of the attached documents;
date, signature, surname and initials of the customer.

The claim is drawn up in two copies by hand or typewritten. One is handed over to the contractor, the second with a receipt mark remains in the hands of the customer. If for some reason it is not possible to deliver the claim to the executor, the document is sent by mail.

To do this, they make an inventory of the documents that are placed in the envelope, and pay for notification of delivery of the letter to the contractor.

To consider a claim, the law allocates a reasonable period within which the dispute must be resolved. When sending a document by mail, it is necessary to provide for the number of days required for two-way postal document circulation.

In addition, the complaint should indicate the period within which it must be considered. As practice shows, this usually takes from 10 days to two weeks.

ATTENTION! View the completed sample complaint to a contractor for poor quality repairs:

Watch the video. How to get your money back for poor quality repairs:

Arbitrage practice

Judicial practice shows that the apartment owner needs to prepare evidence that the fault for poor quality repairs lies with the contractor.
Otherwise, the court may take the side of the defendant. The Sovetsky District Court of Samara received a claim from citizen N. Ponomareva for the return of funds transferred under the contract, payment of losses caused by poor-quality repairs, a fine and compensation for moral damage. The owner of the apartment entered into an agreement with the contractor, which stipulated a 1-year guarantee for the work performed. During this period, the citizen discovered that the finishing work was of poor quality, as the plaster began to crumble, linoleum and wallpaper began to peel off. The owner of the apartment attempted to resolve the conflict out of court, but the contractor ignored the claims.

During the consideration of the case, decision No. 2-1895/2017 2-1895/2017~M-1600/2017 M-1600/2017 dated June 27, 2021 was made to refuse to satisfy the plaintiff’s claims. The court relied on the fact that the conclusion of the construction and technical examination did not contain data on what led to the appearance of defects. Therefore, it cannot be said that they were formed as a result of poorly performed work by the contractor. The plaintiff did not contact the defendant with a request to eliminate the defects free of charge. Moreover, the cost of work to correct deficiencies is higher than the price specified in the contract with the contractor.

Contact Rospotrebnadzor

The court is not the only body that can be used to resolve a controversial situation.

Remember! Current legislation provides for the possibility of contacting such regulatory authorities as:

territorial division of Rospotrebnadzor;
local prosecutor's office.

Before filing a complaint with these government agencies, you should try to resolve the dispute amicably. This means that a claim must be made, and a negative response must be received, or the stated requirements must be simply ignored.

To contact Rospotrebnadzor you can use:

a written form for filing a complaint when visiting a territorial unit or multifunctional center for the provision of public services in person;
fill out the appropriate form on the department’s website using the online service.

Please note! In the second case, you must be a registered user and go to the Rospotrebnadzor website, where you perform the following operations:

on the main page of the site, click on the “Rospotrebnadzor” tab;
in the “Citizens’ Appeals” page that opens, select the “Citizens’ Appeal Form” option;
fill in all required fields;
indicate your email address to receive a response electronically;
attach files that indicate a violation on the part of the performer. This may be a scanned copy of the claim with a note indicating its delivery or postal receipts indicating that it was sent to the executor;
enter the verification code;
Click on the “Submit Appeal” button.

This request will be the basis for an unscheduled inspection of the contractor, during which the following will be checked:

compliance with the Consumer Protection Law;
regulatory documentation of the performer;
what measures were taken in response to the stated claim.

Complaints, statements or electronic appeals from citizens are subject to registration with Rospotrebnadzor within three days. 30 days are allotted for checking them and taking substantive measures.

This body has enough power to influence an unscrupulous contractor. If the facts stated by the customer are confirmed, a fine may be imposed on the contractor. Its size is determined by an official of Rospotrebnadzor depending on the circumstances of the case.

ATTENTION! View the completed sample complaint to Rospotrebnadzor:

Appeal to the Prosecutor's Office

Remember! In addition to Rospotrebnadzor, a complaint about the actions of the contractor can be sent to the district prosecutor at the place of residence or at the location of the contractor. The prosecutor's office conducts its inspections, involving a representative of Rospotrebnadzor.

After all, this government body was created specifically to monitor compliance with the Federal Law on the Protection of Consumer Rights.

The current legislation does not have uniform requirements for the form and content of a complaint submitted to the prosecutor. However, legal practice has developed some requirements that are recommended to be observed when drawing up a document.

Important! This will significantly reduce the time it takes to consider a complaint and promptly take appropriate prosecutorial response measures.

Therefore, a complaint to the prosecutor’s office consists of an introductory, descriptive part and a conclusion. Each of them must contain certain data.

Thus, the introductory part of the document states:

position, class rank, surname and initials of the prosecutor to whom the complaint is addressed;
name of the locality, name of the street and number of the building where the administrative building is located;
last name, first name, patronymic of the applicant, residential address, contact phone number or email address.

Some citizens, when contacting the prosecutor's office, send copies of their applications to a higher authority, hoping that their appeal will be taken under control and checked with special care. However, as practice shows, such documents are sent to the very prosecutor’s office, which will verify the complaint.

Remember! The descriptive part of the customer's application indicates:

name of the document – “Complaint”;
when and on what terms the contract was concluded;
the form of its preparation - written or oral;
obligations of the parties, their fulfillment;
what terms of the contract were violated by the contractor, how this is expressed;
evidence of deficiencies and defects, confirmed by expert opinions, photos and video files;
whether or not attempts were made to peacefully resolve the dispute, the date of filing the claim, the response to it from the executor;
legal grounds for applying for protection of one’s violated rights to the prosecutor’s office.

In conclusion you should indicate:

the applicant's specific request;
date, signature, surname and initials of the customer.

The complaint is accompanied by copies of documents that confirm the position of the initiator of the appeal.

It could be:

copy of the claim;
evidence of its referral to the contractor;
performer's response.

For consideration of citizens' complaints, the Federal Law on the Prosecutor's Office allows a period of no more than one month.

If it is necessary to conduct various types of research or request documents, the review period may be extended, of which the applicant will be notified in writing.

Based on the results of checking the facts set out in the customer’s complaint, the prosecutor can make two possible decisions:

with the help of the relevant authorities, apply penalties against the contractor and oblige him to take measures to return the funds received from the customer;
refuse to satisfy the complaint, indicating that the facts set out in it have not been objectively confirmed.

If the prosecutor's decision does not satisfy the applicant, he can appeal it to a higher prosecutor.

ATTENTION! View the completed complaint form to the Prosecutor's Office:

Resolution of a controversial issue in a judicial body

You can proceed to judicial resolution of the dispute both after appealing to Rospotrebnadzor and the prosecutor's office, and without filing complaints to the specified government authorities. The main condition is that the pre-trial procedure for resolving the dispute must be observed.

That is, the claim must be sent to the customer, receive an answer to it that does not satisfy the stated requirements, or wait for the expiration of a period sufficient to provide a response to the claim.

As practice confirms, usually a month and a half should pass from the day the complaint is sent to the day the court goes to court. It is precisely this period that will not allow the contractor to appeal for the fact that he did not have time to give an answer.

To prepare a legally substantiated statement of claim, it is recommended to involve an experienced lawyer, since civil procedural legislation imposes certain requirements on the content of the claim.

If they are not followed, the claim will not be accepted for consideration.

Please note! The document must contain the following information:

the full name of the court, the name of the locality, the name of the street and the number of the building where the administrative building of the court is located;
surname, name, patronymic of the plaintiff, his address of residence, means of communication with him in the form of a telephone number or email;
the name of the defendant, its legal form of ownership, legal address, means of communication with it, if known;
the price of the claims, expressed in national currency;
the name of the document is “Statement of Claim for Collection of Funds”;
when and under what conditions was the contract for repairs in the apartment concluded;
start and completion date of work, obligations of the parties;
how the parties fulfilled their obligations;
what is the violation on the part of the contractor, how is it manifested, how is it proven;
compliance with the pre-trial procedure for resolving the dispute, the defendant’s reaction to the stated claim;
legal grounds for seeking judicial protection;
plaintiff's claims;
list of attached documents;
date, signature, surname and initials of the plaintiff.

We collect evidence for a lawsuit

Be sure to take photos (video if necessary) of all defects, especially if you are eliminating them yourself. If you contact another repair company, ask its representative to write a free-form report on exactly what deficiencies the technicians eliminated and what led to their appearance. For example: “We replaced a window in the kitchen after a customer complained about a strong draft. The cause of the draft was the incorrect installation of the previous double-glazed window, as a result of which it cracked.” Do not throw away the agreement for the provision of repair services and payment documents - they will be useful for drawing up a statement of claim.

Limitation period for filing a claim

According to the general rule established by civil law, the limitation period is three years. During this period, the customer may go to court to protect his violated rights. Its course begins from the day when the customer learned or should have known that his right was violated, and who should be held responsible for it.

Remember! In the case of concluding a contract that sets a deadline for completing repair work, the limitation period begins on the second day when the work should have been completed.

It happens that the parties do not set a specific deadline for the completion of work, then the period begins to count from the day on which the customer scheduled the completion of the work.

The current legislation also establishes a shortened period of one year. It just has to do with contract agreements for apartment renovations.

If the customer has complaints about the quality of the work performed, then the contractor can be held accountable within a year from the date of signing the certificate of completion. Contractors who are concerned about their reputation set a warranty period for the quality of work performed.

Therefore, if such a condition is in the contract, then the statute of limitations begins from the date of signing the act of completed work as a whole, despite the fact that separate acts may be drawn up for different types of work. If the claim was made during the warranty period, then the limitation period begins from the day it is presented to the contractor.

The expiration of the statute of limitations does not mean that the customer is deprived of the right to go to court. However, if during the court hearing the defendant makes a motion for the court to apply the statute of limitations, then the court is obliged to refuse to satisfy the claims due to the expiration of the statute of limitations.

Note! At the same time, the plaintiff may file a motion to restore the missed statute of limitations. If the court finds the reason valid, the case will be considered on the merits of the stated requirements.

Such reasons include the plaintiff’s serious illness during the last six months, his being in a helpless state, and so on.