Sample complaint to the developer for elimination of deficiencies

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In what cases is it necessary to write a claim to the developer?

The main complaints of apartment owners in new buildings:

not all work has been completed;
the quality of work leaves much to be desired, there was a defect;
the dimensions of the apartment (height, length, width of the rooms) do not correspond to the housing plan;
the transfer of housing into operation occurred later than planned;
contrary to the original plan of the new house, office space, shops, cafes, restaurants, etc. were added to it.

If these reasons for the residents’ dissatisfaction are justified, then this situation threatens the developer not only with claims and termination of the contract, but also with a solution to the problem situation in court.

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

How to write a letter and to whose name

We invite you to review a sample claim form.

The header of the document contains the following information: full name of the developer’s company, address (legal, actual), personal data of the general director, personal data, address and contact telephone number of the shareholder.

It is important! The claim is sent to the legal entity or individual who signed the contract on behalf of the developer .

The details and contact information of the parties to the signing of the DDU must be indicated:

in the middle of the document write down its name - “claim”;
Next, list the requirements that you put forward to the construction company. Standard requirements: eliminate defects, reduce the cost of the agreement due to the insufficient level of work performed, reimburse funds spent on eliminating defects, etc. Sometimes the contract specifies in advance when the defects will be eliminated. If there is such a clause in the agreement, then all requirements must be based on it;
Before describing the essence of the claim, write down the details of the contract, as well as the data entered during its registration in the Unified State Register of Real Estate. Next, check the address of the house, apartment number, area and cost of housing;
at the next stage of drawing up a claim, indicate the clauses of the contract that specify the construction company’s obligation to provide the shareholder with high-quality housing;
if inconsistencies are found in the design documentation, technical and urban planning regulations, be sure to list these facts;
then proceed to a direct listing of the shortcomings identified in the process of using the living space. Also indicate the cost of work to correct them (contractor data or examination results);
provide a link to the law (Federal Law No. 214 of February 3, 2006), according to which the shareholder has the right to demand that the construction organization correct defects free of charge within a specified time frame. If serious deficiencies are discovered, such as a roof leak, an exact time frame for repairing the leak is indicated;
Having outlined the essence of the claim, inform that if this document is ignored and there is no response to it within 10 days, you intend to send a statement of claim to the court. In this case, the requirements will consist not only of eliminating deficiencies, compensation for material and moral damage, but also of paying a fine (Clause 6 of Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

At the end of the claim, put the date of its preparation and your personal signature (with a transcript). Pay attention to the grammar, spelling, and punctuation of the document you write. Check the digital data especially carefully. Only then send the document to the developer.

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

Sample complaint to the developer for violation of deadlines for delivery of the house and payment of a penalty

A significant part of the laws of our state is aimed at protecting the rights and interests of citizens. If we talk about cooperation between construction organizations and citizens in the process of constructing residential buildings on the basis of a shared participation agreement, the law protects the most vulnerable party, namely shareholders (Law “On Participation in Shared Construction” dated December 30, 2004 No. 214-FZ) .

When the developer does not meet the deadlines specified in the contract for the delivery of the facility and the transfer of apartments to residents, appropriate sanctions are provided for him (Article 6 of the Law “On Participation in Shared-Shared Construction”).

So, in paragraph 2 of Art. 6 states that a construction organization that fails to deliver the project on time is obliged to pay the shareholder a penalty for each day of missed work.

But at the same time, the contractor has the opportunity to officially change the delivery date of the house. To do this, it is necessary to obtain the consent of all shareholders and make changes to the agreement (clause 3 of article 6). An additional agreement is drawn up to an existing agreement. It specifies new construction completion dates. This agreement is given to the shareholders for review and signature. No one can force the future owner of the apartment to sign this agreement.

Note! If you sign the document, you will lose the opportunity to receive an apartment within the previously established deadlines and, accordingly, will not be able to demand payment of a penalty from the developer.

If you do not agree with the new deadlines, the construction company will have to fulfill its obligations, that is, deliver the project on time.

How is the amount of the penalty for failure to meet construction deadlines calculated?

The developer who did not fulfill the terms of the contract and did not transfer the residential premises to the shareholder within the prescribed period is obliged to pay a penalty.

The amount of the penalty is 1/300 of the refinancing rate of the Central Bank of Russia on the day of fulfillment of obligations from the contract price for each overdue day. If the shareholder is an individual, the amount of the penalty is doubled.

Thus, to calculate the penalty, the following data is taken:

contract price (usually the price of the apartment);
the number of days that have passed since the deadline for handing over the house (if the deadline is indicated by a date) or since the last day of the quarter specified as the deadline;
refinancing rate, which is currently equal to 9% (from 06/19/2017).

Penalty amount for 1 day

Typically, the penalty is calculated for all overdue days. But first of all, you need to get the amount of the penalty for 1 day: 9% (refinancing rate) / 300 = 0.03%. As mentioned earlier, if the shareholder is an individual, multiply this indicator by 2. As a result, we get 0.06% (0.03% multiplied by 2).

Next, calculate the penalty for one day. To do this, multiply the cost of the contract by 0.06%. We obtain the total amount of the penalty by multiplying this amount by the number of overdue days. These days, real estate prices are quite high.

It follows from this that the cost of a shared participation agreement in construction will also be high. And since this indicator is taken into account when calculating the penalty, it becomes clear that its size will be quite significant.

If you think that the developer is only obliged to pay you a penalty, then you are mistaken . When filing a claim in court against a construction company, demand:

reimburse unplanned expenses, for example, related to rental housing;
impose penalties in connection with failure to comply with the requirements of the shareholder on a voluntary basis;
compensation for moral damage;
reimbursement of expenses associated with the consideration of the case in court.

ATTENTION! Look at the completed sample complaint to the developer for violation of deadlines for delivery of the house and payment of a penalty:

State Housing Inspectorate at the regional level

This executive body oversees compliance with the rules for the maintenance and repair of residential buildings. Its competence includes control over the provision of housing and communal services and regulation of the work of management companies. Shareholders can complain to the State Housing Property Inspectorate against the developer in the following cases:

The developer is trying to get payment for utilities in advance (for example, 3-6 months in advance). He threatens the shareholder that without this he will not hand over the keys and will not sign the apartment acceptance certificate.

An example of a claim for the return of money for an apartment under the DDU

There is no single form for a letter containing claims against the developer. Thus, when writing it, keep in mind the standard norms of writing a business document. Adhere to a business style of presentation.

ATTENTION! Look at the completed sample claim to the developer for a refund of money for an apartment:

Complaint to the developer regarding the quality of windows

You can complain to the developer about any problem. This also applies to the quality of windows. If it does not meet the standards, write a claim to the construction company. It is she who is responsible for eliminating defects caused by poor material or incorrect installation of windows.

All responsibility, in this case, lies with the developer. Neither the organization that installed the window units nor the shareholder bears any responsibility.

The response to a complaint should be to resolve the problem as soon as possible. In addition to eliminating deficiencies, demand compensation from the developer for transferring to you residential premises, the quality of which does not comply with the conditions of the LDU, as well as legislative documents.

ATTENTION! Look at the completed sample complaint to the developer regarding the quality of windows:

Grounds for filing a claim

A claim is sent to the developer if he has violated the law or the terms of the contract. Most often, complaints are written to the developer for the following reasons:

presence of “defects”: walls are not leveled, floor screed is not completed, radiators are not installed, etc.;
poor quality of work: the apartment freezes, defective or broken windows, leaking pipes, etc.;
significant differences in room area;
violation of deadlines for putting the house into operation;
the house was delivered with an unfinished local area or with extensions that were not included in the construction plan;
failure of the construction company to carry out warranty repairs.

Claim to an insurance company under compulsory motor liability insurance

Claim for return of a phone of inadequate quality

Letter to correct deficiencies in an apartment or house

As mentioned above, there is no single form for writing a claim. Therefore, draw up a document in free form, adhering to business ethics.

The so-called header is written in the upper right corner of the letter. It contains information about the developer and the shareholder, their addresses and contact details.

State the situation directly in the body of the letter. Use a business style without much emotion. Refer to specific clauses of the contract or legislation. Although no one obliges you to do this. You can simply attach a photocopy of the contract to the claim.

Please note, this sample is simply an example of writing a letter. If you have any difficulties in filing a claim, please contact our website lawyers.

ATTENTION! Look at the completed sample letter to correct deficiencies in an apartment or house:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

What requirements need to be specified?

It should be emphasized that the federal law mentioned above provides three options for satisfying the claims of the shareholder after problems are discovered in the apartment. The application shall indicate one of the following methods:

reduction of the purchase price under an additional agreement to the DDU;
elimination of deficiencies by the developer or at his expense by third-party contractors;
payment for the execution (organization) of repair work by the shareholder.

The first option does not need to be commented in detail. If you are satisfied with the return of part of the payment made or the corresponding discount amount, the shareholder has the right to dispose of free financial resources at his own discretion.

If the defects are eliminated by the developer without additional claims, the problem will be solved. However, we must remember the following disadvantages when you have to go to court:

the shareholder will not be able to carefully control the purchase of materials and work performed;
It is difficult to force the violator in this case to comply with deadlines, quality and other obligations.

Starting to eliminate defects yourself seems preferable. It is not necessary to personally carry out the repair work. It is enough to hire experienced specialists. When choosing this option, it is necessary to collect contracts, checks, and other documents for legally significant documentary evidence of expenses.

Sample claim for roof defects

Sometimes during the operation of an apartment, residents discover quite serious shortcomings. One of these defects may be a roof leak.

If this is your case, then the claim should not only demand that the leak be fixed, but also indicate a specific completion date for the work (for example, 7 days).

To indicate the seriousness of your intentions, please clarify that if the necessary work is refused, you will file a claim with the court.

This state of affairs does not bode well for a construction company. Most likely, the court will oblige the contractor to compensate for material and moral damage, pay a fine (clause 6 of Article 13 of the Law “On Protection of Consumer Rights”), and also reimburse legal costs.

ATTENTION! Look at the completed sample complaint to the developer about roof defects:

Construction Department

Participants in shared construction can contact the department in case of violation of the deadlines for the construction of a residential project. The complaint is accepted if it is a significant period (more than a year) or work at the site is completely frozen.

Each region implements its own program to help defrauded shareholders. This can happen, for example, in the form of re-signing the contract for another property with a new developer.

The Moscow Department also coordinates the design, construction and reconstruction of real estate at the expense of the budget, including under the renovation program.

Maria Antonova

Renovation specialist

To prove the poor quality of the built house, residents must file a class action lawsuit. As an example, a lawsuit filed in the Moscow City Court by 22 residents of a five-story building on the street. Vvedensky, in which they oppose relocation to a new renovation building on the street. Trade union.

According to them, ventilation does not work in the new house, smoke eliminators are not installed, there are thin partitions on the loggias and there are no continuous fences on the flights of stairs. All of these deficiencies are violations of fire and building codes. In addition, the plaintiffs believe that it is impossible to remodel the new apartments, which is contrary to the city law “On additional guarantees” for resettlers for renovation.

How to properly submit a claim to the developer

There are several options for transferring a claim: mandatory and optional. Let's look at each of them. Let us immediately note that if you have already sent the letter in an optional way, then you need to do this in the second way.

Submitting a letter of claim in an optional way

Prepare two copies of the claim. Why is this necessary? This way you will have documentary evidence of your intentions to resolve the problem out of court. One document remains with you, and the second copy is given to an authorized person of the company.

Important! Your copy must be registered, that is, on it the person accepting the claim must:

indicate the date of receipt of the document;
write your last name, first name, patronymic, indicate your position;
put your personal signature.

In some cases, the document is marked with an incoming registration number, as well as a seal or stamp of the organization. But this is what they do when this procedure exists in the company at all.

Why is this method of submitting a claim bad?

Sometimes the developer denies in court the fact that the claim was accepted.

How can you prove the opposite if the copy that you still have has an unremarkable entry:

date of receipt

Sidorov K.A., manager

Personal signature

Your opponent can go even further. He will not only refuse to receive the document, but will also provide the court with a copy of the staffing table of the organization, where there is no trace of any manager Sidorov K.A, and no one has opened such a position. It is clear that this argument will be quite weighty for the court.

Police

You need to complain about the developer to this body only in case of actions of an openly fraudulent nature. Submit your application in person to the nearest department of the Ministry of Internal Affairs in writing. It is advisable to immediately attach copies of documents confirming the illegality of the developer’s actions. The application is written in the following cases:

The facility is being built on a site that is not intended for this purpose.
The construction company took money from shareholders and does not communicate. The house is not being built, no one is returning the advance.
The development company was deliberately driven to bankruptcy.

The nearest police department can be found through the official website of the Russian Ministry of Internal Affairs.

Legal deadline for satisfying a claim

How long all defects will be eliminated depends on what you write in the letter. The 20-day deadline for fulfilling the shareholder’s demands for the return of money is established at the legislative level .

This happens if the shareholder refuses to fulfill the contract for the following reasons:

the developer did not fulfill the obligation to transfer the residential premises within 2 months;
deficiencies identified after the transfer of the apartment were not eliminated on the terms specified in the contract (free of charge, within a reasonable time, with a reduction in the cost of the apartment, with reimbursement of the shareholder’s expenses);
the quality of the apartment does not meet the terms of the contract;
the construction company did not notify the shareholder within the prescribed period of termination of the guarantee agreement;
other situations.

A 10-day period for the return of money by the construction company is established in the event of termination of the LDU at the request of the shareholder (the decision was made in court) for the following reasons:

the construction is temporarily or completely frozen, the shareholder realized that the object will not be put into operation on time;
During the construction process, changes were made to the project, the size of the construction project changed;
the purpose of non-residential premises and common property of the house was changed;
other reasons.

It is important to know! Until recently, shareholders had the right to terminate the contract unilaterally (without a court order). This year, on January 1, changes to the law on participation in shared-equity construction came into force. Now the shareholder cannot independently terminate the contract if the construction company fulfills all the terms of the contract and its obligations.

Deadlines for eliminating defects

The law did not establish a specific period for the free elimination of detected deficiencies. He is defined as reasonable.

Interesting fact

When the shareholder sends a claim to the developer, he independently determines when the latter must correct everything. And this period must be, as stated in the law, reasonable. That is, the time allocated to eliminate all deficiencies should be enough, and nothing more.

When determining the period, take into account the interests and capabilities of both parties to the contract. In addition, the technical side of the issue cannot be discounted. After all, each defect requires a specific period of elimination.

How to decide on deadlines?

A competent lawyer will tell his client that before setting a deadline, he must consult with specialists in the construction business. Thus, the technical side of the issue will be taken into account, and the deadline will be the most realistic.

Document preparation

To achieve the desired result, it is important to correctly formalize the requirements in the claim.

How to write

There are no strict rules for its compilation. Free form is acceptable indicating all significant shortcomings and requirements. It is important to formulate your wishes correctly. Example: uneven walls. You can ask them to equalize or reduce the price of the object. Record your preferred option.

No access to electricity? Indicate the need for uninterrupted connection as soon as possible, demand compensation for damage for days when it was not possible to use the housing for its intended purpose in full (you need to indicate the exact amount and its justification - the inability to work at the computer, cook, etc.). Attach invoices, documents, checks. It is allowed to claim moral damages; its amount does not need to be explained.

If deficiencies are identified, they must be recorded in photos and videos, and this evidence must be attached on a flash card or paper to the text of the complaint. It is important that your expert opinion is drawn up by a professional invited by the equity holder to inspect the property.

The claim is written in the name of the organization - actually the responsible party in the contract. This is not always the company that advertises and talks with the client in the sales office. The responsible legal entity is indicated in the DDU agreement, and its address is also reported there.

Sample claim to the developer for elimination of warranty defects in an apartment or house

Shareholders are allowed to unite and write a collective document if the issue concerns common property. You can apply for protection of rights individually.

Important points:

The claim should not be written on the developer’s letterhead - in most cases, not all points are taken into account, and during the registration process the shareholder will be confused.
You can use the services of an independent lawyer (it is also not recommended to resort to the help of specialists from the developer’s legal service).
The appeal must be written to the address and name of the legal entity that is actually a party to the agreement. It is the name of the organization (it is written in the text of the DDU), and not the full name of its director.
When specifying two addresses - postal and legal - you can duplicate the request for a quick response. But according to the law, the acquirer’s obligation is to notify the counterparty at the legal address (by checking it with the tax service in the Unified State Register of Legal Entities).

Know! Collectively, shareholders also have the right to complain to the prosecutor's office, the housing inspectorate, and the Ministry of Housing and Communal Services - in particular, regarding delays in putting the structure into operation.

How to give correctly

You can personally hand it over to the developer’s representative in the office or send it by mail with a list of the attachments (listing all attached copies, photographs and documents) and a receipt confirmation.

The complaint must be filled out in 2 copies, the second form with a signature and the company’s seal next to the stated current date must be received and kept.

Legal response period

Is 30 days. It must be indicated in the text of the claim, unless otherwise specified by the terms of the contract. After this period, if there is no response, the shareholder has the right to go to court.

But depending on the specific requirement of the acquirer specified in the complaint, Law No. 214 provides for the developer’s response timeframe:

In the event of a unilateral refusal by the shareholder to fulfill the DDU on legal grounds, the developer must return the money within 20 days.
In case of termination of the DDU in court at the request of the shareholder - 10 days.

The terms are contained in Art. 31 ZPPP.

What to do if they refused or did not respond

Failure to respond within the specified period is automatically considered a refusal. In this case, the home buyer has the right to go to court and also appeal the actions of the developer to Rospotrebnadzor.

The statement of claim should include not only compensation for the main obligation, but also add:

penalty for late execution;
compensation for material and moral damage;
expenses for legal procedures and experts attracted at the expense of the consumer.

If a written refusal is received, the reasons must be given. You need to act depending on them. Additional steps may be required: consult with an attorney.

What to do if the developer does not respond to the claim or refuses

Let's now figure out what to do in a situation where all the deadlines for consideration of the claim have passed, but there is no answer or it is negative. Should I demand a written refusal or write them another letter with my demands? Or maybe it would be better to write a complaint to the Housing Committee or Rospotrebnadzor?

The main thing is that there is no need to fuss. Your requirements listed in the claim were not fulfilled within the prescribed period - this is equivalent to a refusal. Legally, only the satisfaction of your requirements is important. If nothing was done, then you were rejected. Therefore, there is no need to wait for them to come to their senses.

You have notified whoever needs to know about your claims and demands, and this is a fact. If the construction company even planned to someday fulfill your requirements, you would be the first to know about it. But if you received a written refusal, that already means something. Be that as it may, prepare documents for the court. This must be done if you really want to achieve your requirements.

ATTENTION! Look at the completed sample statement of claim against the developer for the recovery of a penalty:

Prosecutor's office

This body has general competence and closely monitors the implementation of laws in all areas. The prosecutor's office has the right to unscheduled inspections of construction companies. Based on their results, she decides how to respond to identified problems and protect the rights of shareholders.

If you do not quite understand where to send a complaint against the developer, then submit it to the city or district prosecutor's office.

This body also monitors compliance with laws, actions and inactions of other government agencies.

A complaint to the prosecutor's office against the developer can be filed through the official website. You can submit your application in person, in writing, or by mail. You can receive reference information on citizens' appeals by phone.