Warranty obligations under the contract: the warranty period for construction work according to the law

Regulatory framework

All construction services (construction of buildings and structures, repairs, reconstruction) are provided on the basis of a concluded contract.

Their legal framework is as follows.

Civil Code of the Russian Federation (Articles 722, 753, 755-756). This is a fundamental regulatory act that establishes the concept of a work contract and also contains the norms of mandatory guarantees for construction work.
Decree of the Government of the Russian Federation numbered 812, dated August 14, 1993, on the procedure and main provisions for concluding contract agreements for the construction, repair, reconstruction of facilities for state and Federal needs. This legal act contains mandatory warranty requirements for all construction projects constructed for public needs.
Resolution of the State Statistics Committee of the Russian Federation number 100 dated November 11, 1999. This legal act regulates the procedure for drawing up documents and claims when identifying deficiencies in the acceptance of construction projects and their operation.
Federal Law on the Protection of Consumer Rights, which protects individuals as customers of various construction services from individual entrepreneurs and legal entities.

Based on the norms of the Civil Code of the Russian Federation, the contract agreement must be drawn up in writing, indicating the contractor’s warranty obligations.

General rules

When performing repairs, installation or any construction (house, residential apartment building, foundation, roofing, plumbing and other types of work, major repairs), it is necessary to conclude an agreement.

It must indicate all the conditions, including warranty periods for the work performed, as well as what exactly the contractor is responsible for. For example, if a contract was concluded between a repair team, and the problem occurred due to errors during construction, the customer will need to file a claim with the builders.

If the contract does not specify exact terms, the customer will have to turn to the law. A similar situation takes place under the supervision of the Town Planning Code, the law “On the Protection of Consumer Rights” and several articles of the Civil Code of the Russian Federation:

Article 754: “On the responsibility of the contractor to the customer.”
Article 755: “On guaranteeing the quality of construction work.”
Article 756: “On the timing of detection of defects in construction work.”

If a defect of any size is discovered that is not the fault of the customer, the contractor is obliged to correct it free of charge.

Warranty period for construction work

It is worth noting the difference in the duration of the developer’s guarantee to the owners, depending on the method of concluding an agreement between them. The differences are enshrined in law and are as follows:

The main law regulating the interaction between the shareholder and the developer is 214-FZ. It also stipulates the warranty period of 3 – 5 years.

Shareholders who have taken advantage of the housing cooperative acquisition scheme and entered into a share participation agreement can count on guaranteed elimination of defects in accordance with the provisions of the Law “On the Protection of Consumer Rights”. In this case, the period is limited to two years from the date of acquisition.

A home buyer whose apartment is registered through a purchase and sale agreement may require the developer to eliminate deficiencies within five years from the date of occupancy. This is stated in Art. 756 of the Civil Code.

The warranty period is calculated from the moment when the acceptance certificate is signed by the owner of the home. Even if the delivery of the house has taken place and it has been in operation for some time, this does not affect the existing rule for counting the period. That is, a claim against the developer can be sent by each co-owner of the Moscow Railway in its own time.

For reference! If the residential property is not in use, and the reason for this is a defect, the fault of which is determined by the contractor, then the warranty period is interrupted for the duration of the elimination of these defects.

Types of Warranties

By purchasing, the consumer receives along with the product a warranty from the manufacturer, who confirms with this obligation:

the product has the required conditions when purchased;
during the period of time defined as the warranty period, will be able to function uninterruptedly.

Article 470 establishes two types of warranty obligations in relation to goods: the so-called legal and contractual (clauses 1-2 of Article 470 of the Civil Code of the Russian Federation).

A legal warranty is a statement by the seller that, at the time of delivery, the product is free from defects that affect its value or ability to perform under the conditions for which it was purchased. The product will function properly within a reasonable time.
An additional or contractual guarantee (clause 3 of Article 470 of the Civil Code of the Russian Federation) is the responsibility of the seller, a guarantee that the product will properly perform its functions during the warranty period. The contractual warranty applies, unless otherwise agreed, to all components and components.

Warranty obligations by type of work

In practice, there are strict rules for determining the time of responsibility. The legislation does not contain a specific list of deadlines that apply to certain types of work.

Construction

Construction work is the most general case, which is directly regulated by the provisions of civil law. The minimum duration is 24 months, the maximum is 5 years. The meaning of construction is to erect a new house or building.

Assembly

According to the logic of the law, installation activities belong to a subtype of construction (the general name is construction and installation work). This conclusion can be made on the basis of paragraph 2 of Art. 740 of the Civil Code of the Russian Federation, which states: installation falls under the concept of other construction actions. Thus, the same periods apply (24 months - minimum, 5 years - maximum).

In practice, installation is the installation of new equipment and other structures (for example, a roof) that form a more general object (for example, an apartment).

Finishing

There is no reason to include finishing activities as a type of construction. In practice, this is the performance of work regulated by consumer legislation. In paragraph 3 of Art. 29 of the Civil Code states: a citizen has the right to make claims against the contractor within 2 years. The same duration is indicated in SNiPs.

Finishing is regulated by other regulations, since it is not directly related to the creation of new objects.

Repair

There are current and capital. If repair activities do not affect significant redevelopment and improvement of the building, then they are ongoing. The terms specified in the Consumer Rights Protection Law will apply: 2 years - maximum.

Major repairs fall under the concept of construction (Article 740 of the Civil Code of the Russian Federation), which automatically allows the use of a five-year period for filing claims.

IMPORTANT! All of the above actions may not have a guarantee: it is established primarily by the contract. It is in the interests of the customer to document the warranty obligation in the agreement with the contractor.

What the warranty may cover

The warranty period for construction work by law applies to any buildings being erected, for example, apartment or private buildings, commercial buildings, etc. In addition, the guarantee is provided for design and roofing work.

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In the latter case, the warranty period for the quality of the roof can range from two to ten years. The parties have the right to set their own time frames.

Design work also has a warranty period of two years, unless otherwise provided by agreement of the parties.

It is worth remembering that five years after the commissioning of the facility, the contractor is relieved of responsibility for the quality of the work performed by him. The exception is extended warranty periods provided for in a contract or agreement of the parties.

What is the warranty period for construction work provided by law?

The warranty period must be specified in the contract concluded between the customer and the contractor. In addition, the time frame is established by Articles 756 and 724 of the Civil Code of the Russian Federation.

The first article provides the customer with a five-year warranty period, during which it is possible to make claims against the contractor regarding the quality of construction.

The warranty period for construction work according to the law has two limits:

maximum (it is equal to five years, according to Article 756 of the Civil Code of the Russian Federation);
minimum (from 24 months).

In this case, the contract may contain a different period, but the law is on the side of the customers, therefore the interested party has the right to make a claim regarding the quality of work within a maximum period of five years. The legislation of the Russian Federation does not prohibit contractors from establishing a longer guarantee, including a lifetime one.

Thus, the warranty period is specified in the contract or established by law. However, it can be extended by signing the relevant agreement by the parties.

The guarantee begins from the moment the customer accepts the completed task.

Guarantee period

In legal practice, there are two types of warranty periods for construction work:

established by the current regulatory Federal acts (Government Decree No. 812 and Article 756 of the Civil Code);
specified by contractors or customers in agreements for construction work.

Warranty obligations and terms established by Decree of the Government of the Russian Federation number 812 amount to one calendar year (12 months) from the date of acceptance of construction work.

Article 756 of the Civil Code establishes a 5-year warranty period for construction services from the moment they are accepted by the customer.

That is, if defects were identified by the customer during the specified time, the developer company is obliged to eliminate all defects that have arisen at its own expense.

The parties (customer and contractor) may establish additional warranty obligations in an agreement between themselves. But their deadlines should not be less than those prescribed in regulations.

In an example it looks like this. The contractor undertakes to operate the facility and its elements for 10 years. This means that if hidden or other defects are revealed during this period of time, he eliminates the defects at his own expense.

It must be remembered that if the contract specifies a shorter warranty period, then these conditions are illegal, and the customer has the right to demand that defects be eliminated within the time frame established by the Civil Code or Resolution No. 812.

Guarantee period for construction work according to law

A guarantee for construction work according to the Civil Code is prescribed and. They point to the following aspects:

the presence of a warranty period for repairs (details -) implies that the object maintains the prescribed quality standards for its entire duration;
unless the concluded agreement stipulates otherwise, the quality requirements apply to the entire facility as a whole;
quality standards are achieved and guaranteed by the contractor, and he is also responsible for all production problems;
The customer must report detected defects within a reasonable time, and the warranty period is extended for the period until the defects are eliminated (here it is usually written to eliminate defects during the warranty period.).

The warranty period for construction work must be provided for in the contract concluded between the customer and the construction contractor. If such a document is not available, or these provisions are not included in its contents, you must contact:

the customer must inform the contractor about all detected deficiencies within a reasonable period, but no later than two years;
you have the right to make these claims throughout the entire warranty period, if provided for in the contract;
unless otherwise provided, the countdown begins from the moment the object was accepted by the customer.

However, the provisions of this article are of a general nature. For construction work please contact: The law prescribes that the warranty periods specified above, instead of two years, are extended to five.

Warranty periods for repair and construction work according to regulatory documents

The provisions of the Civil Code of the Russian Federation prescribe that the warranty period for repair and construction work according to regulatory documents has no less legal force than the law. That is, if the agreement specifies the appropriate framework, then first of all you should adhere to these standards.

At the same time, it is prescribed that if the warranty period for repair or construction work under the contract is less than two and five years, respectively, then one should refer to the norms of the Civil Code. If a longer period of time is indicated, then the provision of such a normative document has greater priority.

That is, in both cases the law is based on the interests of the customer. The corresponding terms of two and five years are the minimum that a consumer can count on.

Developer's responsibility

Based on current legislation, developers bear the following responsibilities:

civil law (in cases of violation of construction deadlines and other obligations), which is expressed in the imposition of various fines, penalties, and inflation charges;
administrative, it involves officials of developers who committed gross violations by failing to comply with various sanitary and other standards, as well as technologies that did not entail serious consequences;
criminal, it also involves officials of the developer, through whose fault construction, sanitary and other standards were violated, which resulted in the death of people, their injuries, as well as other grave consequences.

It should be noted right away that all civil disputes under such agreements are resolved through judicial proceedings (with the exception of administrative and criminal liability).

If the parties are legal entities, then their disputes are considered by arbitration courts.

If the parties to disputed relations are individuals and legal entities, then these proceedings are considered by district magistrates or civil judges.

It must be remembered that according to the Constitution of the Russian Federation, the same person cannot be brought to different (administrative, criminal) liability for the same act.

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Guarantees for types of construction work

Guarantees for certain types of construction or repair work are established depending on their complexity. Performance characteristics are also taken into account. However, the statutory minimum for repairs of 24 months and for construction of 60 months cannot be reduced. That is, if repairs were made, the contract was not concluded, and in words the contractor only guarantees a year of excellent service - the customer will still be able to apply for the elimination of defects within two years.

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However, it is necessary to understand that the detected flaw must be of a production nature. If it occurs due to wear and tear during normal operation, due to improper handling on the part of the customer or other violations, the contractor has the right to refuse warranty service.

In this situation, it may be necessary to conduct an independent examination, often at the expense of the customer. If it reveals quality defects in construction or repairs, then by law the responsibility for eliminating them will fall on the contractor. In this case, the customer can also demand compensation for damage, if any. In this situation, payment for the expert’s services is made at the expense of the contractor.

What warranty period does the law establish for construction work?

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.

Consultants work on the “PravPotrebitel” portal.

Visitors to our website can contact the duty lawyer online and receive an answer as quickly as possible.

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What the law says

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 how independent examination works 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.

Where and how to complain according to the law

Violation of the terms of repair work under warranty is subject to a fine in the amount of 1 to 5 percent of the paid price under the contract. If inconsistencies are identified that are provided for in the contract, the buyer has the right to demand a refund of the funds spent. Refunds are made taking into account the percentage for the period of use (Article No. 9, paragraph 2). The period for debt reimbursement is 10 days from the date of termination of the contract.

Since the document is signed bilaterally, it has legal force and can be the basis for bringing the case to court.

Procedure for detecting defects after acceptance of work

The contractor is obliged to carry out construction work in accordance with the technical documentation approved by the customer within the time limits specified in the contract. At the same time, the contractor guarantees high-quality execution of the order and the possibility of safe operation of the constructed facility.

If defects in the building were discovered after the end of the warranty provided for by the agreement of the parties, but within the five-year period established by Article 756 of the Civil Code of the Russian Federation, the contractor is obliged to correct the identified defects at his own expense.

In this case, it is necessary to prove for what reasons the shortcomings arose and who is responsible for their occurrence.

The following are situations when the contractor (performer) is released from liability and does not restore damage at his own expense:

at the end of the warranty period established by the contract and the five-year period provided for in Article 756 of the Civil Code of the Russian Federation;
when defects appear due to normal wear and tear of the rebuilt object or its individual parts;
in case of improper operation of the building and non-compliance with the instructions developed by the contractor or the customer himself;
when carrying out poor-quality repairs or other work performed by the client himself or persons attracted by him.

If the defects appeared due to the fault of the contractor himself, the customer has the right to contact him with a written claim both during the warranty period and after its expiration, but before the end of the five-year period provided for in Article 756 of the Civil Code of the Russian Federation.

Article 755. Quality guarantees in a construction contract

In this case, the following must be taken into account: if the warranty period is less than two years, the customer will still be able to make claims in connection with defects in the result of the work discovered after the expiration of the warranty period, but within two years from the moment when the result of the work performed was accepted or should was accepted by the customer. However, in accordance with paragraphs 4, 5 of Art. 724 of the Civil Code of the Russian Federation, the customer will be obliged to prove that the defects arose before the transfer of the work result to him or for reasons that arose before that moment. An example of the wording of the condition: “The result of the work is subject to a warranty period of five years from the moment the contractor fulfills the obligation to transfer the result of the work to the customer.” Such a requirement is not convenient for the customer, since he must constantly find an opportunity to force the builders to sit down at the negotiating table and draw up documents that would document their shortcomings. To do this, send the contractor a written warning about his participation in the meeting of the commission to establish a list of shortcomings and the reasons for their occurrence.

When conducting a pre-trial examination, the contractor must be notified of the time and place of the meeting. If the customer did not inform the administration of the construction company about this and did not put forward a requirement in court of any instance (first or appeal) for the need to carry out an examination, then the claim will not be satisfied. Quality guarantees determined in the type of contract in question As stated in paragraph 1 of Art.

Procedure for detecting a defect before accepting work

The contractor is obliged to notify the customer about the occurrence of problems during construction, in accordance with Article 716 of the Civil Code of the Russian Federation. To avoid defects or correct defects before the facility is put into operation, construction work may be suspended.

The grounds for temporary cessation of construction are:

receipt of an order from the customer;
receipt by the contractor of low-quality materials;
failure of construction equipment;
other reasons that can have a negative impact on the quality of work.

Algorithm of actions

So, you understand that you cannot expect proper quality of work from the contractor, or instead of the promised 2 weeks, a month has already passed, and it has still not been possible to repair the premises and the repair is not even in the final stage. You should not listen to the contractor’s persuasion; it is necessary to record shortcomings and violations of deadlines in a separate Certificate or a certificate of acceptance of work (all or a separate stage of current repairs). Depending on whether you want the same contractor to eliminate defects, you have the right to:

file a claim for termination of the contract and demand reimbursement of expenses for the work performed by another company;
demand a reduction in the price of repairs;
demand elimination of deficiencies or a refund.

Construction and technical expertise

The expert makes measurements and calculations, records the actual volume of work performed, the amount of work not completed and poorly performed; in addition, the expert can make a calculation of the overuse of materials.

Claim letter

Based on expertise and consumer legislation, lawyers draw up a reasoned claim indicating all the requirements and send it to the defendant.

Important
If the claims are not fulfilled voluntarily, the amount of the penalty imposed on the company or team that performed the repair work is very significant. Therefore, with qualified legal assistance, most disputes about the quality and timing of repairs can be resolved before trial.

Trial

Litigation can and should be done regardless of the provisions of the contract. In any case, the court will be guided by the provisions of the Law on the Protection of Consumer Rights, which provides for serious penalties for contractors who failed to carry out repairs or construction of a real estate property (whether it be an apartment in an apartment building, a summer house, a house or an office) in a quality and timely manner.

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Compensation for moral damage, compensation procedure

The essence of the conflict	Your rights
More work was paid for than was actually completed	You are entitled to a refund of the difference.
Poorly carried out repairs	You have the right to recover funds to eliminate the deficiencies identified by the expert.
Work was not completed on time	You have the right to collect a fine in the amount of 3% of the contract amount for each day of delay.
Overconsumption of materials	Refund and daily penalty of 3%.
Refusal to voluntarily comply with claims	In a lawsuit, a penalty in the amount of 3% of the amount of the claim is collected.
The very fact of violation of consumer law	You have the right to recover a fine for violating consumer laws in the amount of 50% of the amount of all claims.

Enforcement proceedings

After the court makes a decision, a writ of execution is sent to the defendant’s bank, according to which the required amount is transferred from his account to the plaintiff within three days.

Arbitrage practice

An analysis of the judicial practice of considering cases related to the warranty period allows us to conclude that it is recognized as legal for the customer to eliminate defects in the work performed on his own if the contractor has evaded fulfilling this duty, despite his repeated requests.

Regarding payment for work after it has been completed with omissions, the courts recognize the impossibility of returning payment and the need to eliminate defects during the warranty period. In the event that a deposit was given, it is possible to recover the difference by a proportionate reduction in the cost of the work, as unjustified enrichment.

Important
The presence of relevant expert findings confirming a precedent of violations does not at all guarantee an unconditional positive result in court.

In any case, the legislator certainly requires unconditional evidence of the contractor’s guilt in creating defects and quality that does not meet the contract. Otherwise, the outcome will not be in favor of the customer. And this is confirmed by the conclusions of court decisions.

The guarantee under the contract and the formation of its terms is an important part of the contractual relationship and should in no case be neglected. By regulating such an important aspect only legislatively, the parties lose the opportunity to protect their rights, which, in turn, leads to protracted litigation.

Example of breach of warranty

The buyer contacted the car dealership with a breakdown of the heating system in a car that was under warranty. The seller made repairs, but after some time this particular part broke again. The fan motor was replaced, the seller declared this type of repair out of warranty and demanded payment for the cost of the work. At the same time, in the service book this type of breakdown is not listed as non-warranty.

What the seller is wrong about:

Only the following cases are considered non-warranty:
actions of third parties, for example, purchasing low-quality gasoline;
due to force majeure circumstances (hurricane, flood, etc.).
This rule is enshrined in paragraph 6 of Art. 18 ZPPP. No other cases can be considered non-warranty.
If the warranty period has not expired, the seller has the right to refuse repairs only if he can prove the presence of one of the above factors, the occurrence of which deprives the car owner of the right to free repairs.

As a rule, proof is made through an examination.

Therefore, in this situation, the buyer must make a written claim in which he demands to provide evidence that the breakdown of the blower system is a non-warranty event. According to Art. 28 of the Law of the Russian Federation, proof rests with the seller.

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What is a denial of service and how to prevent it

If the store refuses to return the car from warranty repairs, the claim indicates a violation of the terms of warranty repairs (Article 20 of the Labor Code).

For violation of the deadline, the seller is obliged to pay a penalty (fine). A calculator for calculating penalties for failure by the seller to fulfill his obligations can be found here.

The seller is given from 7 to 20 days to consider the claim, depending on whether a quality check will be assigned.

If after this period the request is refused or there is no response, you should go to court. The statement of claim is accompanied by the seller’s response, if given, copies of the registration certificate, payment receipts, and other documents for the car.

The plaintiff is exempt from paying the state fee.

Warranty for routine maintenance of MKD

The methodological recommendations approved by the Order of the Federal Agency for Construction and Housing and Communal Services of December 30, 1999 No. 170 on the conduct and organization of routine repairs of the housing stock of all forms of ownership establish the warranty period for current repairs.

The recommended warranty periods for operation after routine repairs are as follows:

At least six months after the repair of engineering structures was carried out;
At least 12 months after repairs to building systems and landscaping elements of the external part of the house have been carried out.

In case of concluding an agreement for the implementation of routine repairs with third-party organizations, the signed agreement stipulates the result of the work performed and the warranty period.

The list of maintenance works for the common property of an apartment building, approved by the Resolution of the Federal Agency for Construction and Housing and Communal Services, establishes the frequency, as well as the types and composition of work.

How long does warranty repair last by law?

What to do if the warranty repair period is violated, read here.

Read about liability for violation of warranty repair terms at the following link:

Nuances

Most of the nuances of the guarantee for construction work have been discussed above.

We also need to add a few more significant points to them.

The first question concerns the timing of identifying defects that would allow the developer to begin mandatory repairs. If they are not specified in the contract, then it is necessary to be guided by the rules of limitation periods established by the Civil Code of the Russian Federation. They establish 1 year from the moment the defect is discovered (the time during which you can go to court or file a claim).
The second nuance concerns the identification of defects during hidden work. Most often, hidden work is carried out in cases where deficiencies are identified in projects or design features of buildings and structures. They also come with a warranty from the developer.
If the customer is an individual, then such legal relations are subject to the rules established by the legislation on the protection of consumer rights. When providing low-quality construction services, the company can not only provide warranty service, but also pay a penalty in the amount of 2% per day of the total cost of the order.

A construction guarantee is the period during which the contractor’s obligations arise to eliminate shortcomings and defects that he made while carrying out the relevant construction work at his own expense.

Additional questions

How to avoid poor-quality repairs

You can avoid poor-quality repairs at the stage of choosing a contractor, for this:

Pay attention to the work experience of the construction company. It must be at least 3 years.
Take the time to google reviews about your chosen contractor.
Please carefully study the provided portfolio.
Be sure to sign a contract.
Refuse to pay in advance, except for the amount required for building materials.
Take your time and explore several options before making your final choice.

It is enough to follow these simple rules and you can protect yourself from poor-quality repairs and further proceedings in court.

What construction work is not covered by the warranty?

Warranty periods for construction work are included in the contract. Over a period of time, deficiencies, collapses or defects may be identified. To exercise full rights under the warranty, it is necessary to clearly describe the requirements for the final object in the contract.

The developer cannot be held liable for warranty if the operating conditions of the construction work are violated.

When constructing a building, for example, different companies may be involved in assembly, fastening, installation and finishing. Additionally, hired organizations are responsible for performing their services if the contract between the developer and the buyer specifies the work of this company. Then the warranty period applies directly between the company and the buyer.

It is impossible to prove the guilt of construction representatives when the defects occurred due to time and normal wear and tear.

Upon the conclusion of the examination in favor of the developer, the guarantee is terminated.

Building services that have been damaged by natural disasters are not covered by the warranty.

Is it possible to refuse a warranty on construction work?

If deficiencies are discovered and reported to the contractor, the customer must determine a period for their elimination at the expense of the company, otherwise this will be regarded as a waiver of the guarantee for the services performed.

If the contractor offers a warranty period shorter than it is prescribed by law, this is regarded as an infringement of consumer rights and a violation of the provisions of Article 756 of the Civil Code of the Russian Federation.

What to do if the work was performed without a contract

A situation often arises when cooperation with the contractor was based only on a verbal agreement, but some time after the completion of the repairs, obvious defects and shortcomings were identified or the deadlines for completing the work were seriously missed.

This is also important to know:
Is information about disciplinary sanctions entered into the work book: how is the entry made?

Without a signed bilateral contract specifying the terms of service, proving violations of the contract by the contractor will become difficult.

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In case of poor-quality repairs, it is proven in a sitting court that the contractor performed work in the house, because only under this condition is it possible to demand compensation from him for the losses incurred, as well as the return of financial resources.

To prove an oral contract, facts are required that confirm the existence of a working relationship. For example, these are witness statements, video and audio materials, and other written sources.

The situation when problems arise with repairs when it is impossible to provide a written contract is considered difficult, but not at all hopeless. But the resolution of such a dispute is entrusted to an experienced practicing lawyer.

After purchase, pipes leaked in the apartment or a crack appeared in the wall

If you are planning to purchase a home, carefully examine the property before signing the sales contract and deed of transfer. If you find any defects, be sure to indicate them in the transfer and acceptance certificate or refuse to purchase the apartment altogether if the defects seem significant to you.

If you have already purchased a home and over time discover that there is a large crack along the wall, do not rush to carry out repairs yourself.

If we are talking about a construction defect, the construction company is obliged to carry out repair work. In practice, many companies close quickly, but in this case you can also send a claim to the selling organization.

If necessary, the company will order an independent examination to confirm the cause of the defect and identify the person responsible for its formation. You have the right to order this check yourself. If the analysis confirms the presence of a construction defect, you will be able to recover from the defendant the cost of the costs incurred for the examination.

If the seller or construction company evades the correction of detected defects, it is necessary to file a corresponding claim in court.

Roof Warranty

The warranty for building materials is based on the service life from the product manufacturer and the work of the roofers during installation. Often these two guarantees are combined, and are defined as a general period for quality control.

The conditions for quality confirmation are affected by the cost of products and bases. If the material sample is stable, the guarantee can range from 15 to 50 years. However, if the operating instructions are not followed, the warranty will expire. Especially in the case where the consumer cannot confirm that he has followed all the proper precautions for using the product.

In most cases, defects or problems with the roof occur due to incorrect installation work.

The installation warranty must correspond to the service life of the material.

If materials, their thickness and waterproof coating are incompatible, the structure as a whole may suffer. If these conditions were proposed by the buyer, the installation company must warn that in the event of failure of individual elements, the warranty for work will not be taken into account.

Under the warranty, the company must reimburse the costs of repairs or make the corrections themselves and free of charge. To do this, you must submit an application to the organization that provided the services or material.

Warranty for building materials

By law, the warranty period for building materials is established by the buyer, and can only be changed in the case of an individual purchase and sale agreement.

In order to take advantage of free repairs or installations covered by the warranty period, you must have a warranty card, a receipt for the purchase of the product or service, as well as packaging of the material, if necessary.

The uniform minimum warranty period for installation or building material is 2 years (Article 10, Federal Law-214).

Based on the warranty document, the buyer has the right to demand:

replace building material (installation service);
return money;
correct the defect;
reimburse the funds spent on repairs or installation.

Within two weeks, construction materials or installation services should begin. If the manufacturer delays the deadline, according to the law, a penalty is imposed in the amount of 1 percent of the cost for each day of downtime.

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Warranty periods of the contract of the Civil Code of the Russian Federation

Although in any case these defects must be detected before the warranty period expires. Warranty period The length of the warranty period is determined by the parties to the contract, but this period cannot be less than the warranty period determined on the basis of legislation (clause 1 of Article 755 of the Civil Code of the Russian Federation). Thus, the warranty period is 12 months from the date of acceptance of the facility (clause 10 of the Government of the Russian Federation Resolution No. 812 “On approval of the main provisions of the procedure for concluding and executing government contracts (contracts) for the construction of facilities for federal state needs in the Russian Federation”). But in other cases, other deadlines may be established. The Civil Code has established a deadline for detecting quality defects, which is 5 years (Article 756 of the Civil Code of the Russian Federation). Content

Determining the warranty period in a construction contract
Quality guarantees defined in the type of contract in question
Rights of the customer when defects are discovered within the period of validity of the warranty service agreement

Determining the validity period of the guarantee in the contract for construction work According to the provisions of paragraph 2 of Art. 755 of the Civil Code of the Russian Federation, a construction contracting company is responsible for the quality of the construction of the task within the framework of warranty obligations. Therefore, when signing a contract, it makes sense for the customer to remind the other party about the warranty period and the need to comply with it. If no one bothered to include in the document a clause on the duration of the guarantee, then the norms provided for in Art. 724 Civil Code of the Russian Federation. However, the Contractor, whose guilt or inaction is established, will still be liable for the inadequate quality of the work result, and the release from liability in this case will be considered void. But if this entry is in the contract, then the Customer has the obligation to prove the Contractor’s guilt on the basis of clause 4 of Art. 723 of the Civil Code. Of no small importance is not only the procedure and timing for providing a quality guarantee, but also the timing of detection of hidden defects in constructed objects. According to the provisions of Art. 722 of the Civil Code, the result of the work must comply with the terms of the quality contract during the entire warranty period. In addition, the guarantee of the quality of the work result, unless otherwise provided by the contract, applies to all components of the work result.

With an agreed upon warranty period, the limitation period begins from the day the defects are reported (clause 3 of Article 725 of the Civil Code of the Russian Federation). If the warranty period is not established by the contract, the result of the work must comply with the terms of the quality contract during the warranty period provided for by law, other legal act or business customs (clause

Civil Code of the Russian Federation). If such a period is not established, then the result of the work must be suitable for its intended use within a reasonable period from the moment of its transfer to the customer (clause 1 of Article 721 of the Civil Code of the Russian Federation). In the absence of a warranty period, the customer has the right to make claims in connection with defects in the work only if they are discovered within two years from the date of delivery of the result of the work (clause

clause 1, 3 art. 723, paragraph 2 of Art. 724 of the Civil Code of the Russian Federation), however, the court in this case may oblige the customer to prove the moment and cause of the defects. If deficiencies are discovered after two years, the customer will not be able to declare the work to be of inadequate quality and refuse to pay for it. If deficiencies are found within the established clause.

2 tbsp. 724 of the Civil Code of the Russian Federation, the customer can protect his rights in court only during the limitation period calculated in accordance with Art. 725 of the Civil Code of the Russian Federation, i.e. within one year from the moment the customer learned or should have learned about the inadequate quality of the work performed (clause 2 of article 197, clause 1 of article 200 of the Civil Code of the Russian Federation). If this deadline is missed, the customer may be denied a claim at the request of the contractor (Resolution of the Federal Antimonopoly Service of the Far Eastern District dated January 29, 2008 N F03-A73/07-1/6286). Beginning of the warranty period The parties must determine in the contract the moment from which the warranty period begins to run (Clause 5, Article 724 of the Civil Code of the Russian Federation).

During the construction of houses and residential premises, as well as installation services, warranty periods are established. During this period of time, all defects or complaints are presented to the developer, who is obliged to correct the work.

The guarantee for construction work is regulated by the Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

The law states that when building or performing repair and installation work, it is necessary to draw up a contract that will describe the procedure for performing the work and the exact deadlines. The agreement is signed bilaterally, which means it has legal force. The document states:

description of the construction project or installation service;
conditions for transfer of the object;
actual deadline for completing the work;
cost of service;
payment methods in installments;
guarantee period.

The correct conclusion of the contract and the presence of the above points are considered valid by law. When negotiating prices, warranty periods are also taken into account. If the property is not delivered within the actual specified time, the price may be reduced or refunded by the developer. In case of late payment under the contract, work is suspended and the obligations of the parties cease to apply (Article No. 5).

If the transfer of work within the time specified in the contract is impossible, the developer must be notified of this. 2 months before the expiration of the time, the buyer is informed by registered mail of the need to extend or set a new deadline for the completion of the work.

The terms of the contract describe the necessary conditions for the quality of the object. In case of non-compliance with the requirements, the guarantee comes into force. The buyer has the right to demand:

redo or improve the work free of charge within a strictly established time frame;
reduce the price of the object;
independently correct the work and demand reimbursement of costs (Article No. 9 of Federal Law-214).

By law, the developer is obliged to fulfill one of the conditions and satisfy the buyer’s requirements in accordance with the contract.

Warranty period for repair work

According to Federal Law 214, Article No. 7, the warranty period begins from the moment of transfer of the construction project. The warranty period is at least 5 years, unless the contract provides for other periods.

During the warranty period, defects may be identified. The developer is obliged to resume work. The warranty increases by the period of time spent on corrections.

Exceptions include cases of natural wear and tear during operation of the facility, untimely repairs and use for other purposes (instructions). It is possible to prove the opposite by conducting an examination.

An important part of the construction guarantee agreement is the transfer of the object. Availability and quality of work must be thoroughly tested. Before signing the transfer and acceptance certificate, the buyer has the right to draw up a document stating that the object does not meet the appropriate requirements (Article No. 8, paragraph 5).

Depending on the terms of the contract, the developer may hire a company to carry out renovation work. Such services are not covered by warranty. This means that the developer is not responsible for the quality of repairs, unless otherwise provided by the contract.

The guarantee is provided for the following types of work:

unfinished elements in the cladding or structure;
load-bearing walls, interior and other elements of the building;
installation and dismantling;
building materials of inadequate quality.

There is a difference between construction and renovation work. The minimum warranty period for the operation of the building is 3 years. During this period, you can contact the developer with demands to improve the quality. After 5 years or more, an examination may be required to prove the developer’s guilt. The maximum warranty period for repair work is 1 year from the date of commissioning. When drawing up a contract, it is important to take into account the difference in warranty between construction and repair work.

The developer may be released from liability and not take advantage of the warranty period in the following cases:

during operation, the conditions for the safety of the structure and individual fragments of the building were violated;
subsequent repairs were performed poorly;
incorrect operating instructions;
the building design or renovation work was carried out by third parties.

Roof Warranty

In most cases, defects or problems with the roof occur due to incorrect installation work.

The installation warranty must correspond to the service life of the material.

Warranty for building materials

By law, the warranty period for building materials is established by the buyer, and can only be changed in the case of an individual purchase and sale agreement.

The uniform minimum warranty period for installation or building material is 2 years (Article 10, Federal Law-214).

Based on the warranty document, the buyer has the right to demand: