How to sue a developer for late delivery of a house

A complaint against a developer is a document that is drawn up to eliminate violations in a property under construction or already completed. First, you should try to solve the problem peacefully by negotiating with the construction organization. But if the negotiations did not lead to the desired result, you need to file a claim and send it to the appropriate service (the authority is determined by the grounds for the appeal).

What is a complaint against an SRO?

Sometimes admitting an SRO does not solve all problems. And if you have any complaints against the SRO, you can file a complaint against the organization. A complaint is one of the forms of appeal to various authorities. The purpose of filing is stated in the claim, which distinguishes it from other documents. Demands are usually presented in the form of a request (for example, I ask you to initiate a case). The paper is created in free form, but with a clear structure.

There are several types of filing a complaint against an SRO:

• upon a personal visit to the authority. You must make an appointment with an official or submit a document to the secretary. The second copy of the claim, which remains with the applicant, is stamped with a delivery stamp;
• through electronic programs. There are special websites where you can fill out a ready-made complaint template. Applications are registered automatically. The review is carried out on a general basis. The answer can be received by email;
• via registered mail. This method takes several days, even if delivery is carried out in one city.

Complaint under consumer protection law

In accordance with paragraph 3 of paragraph 2 of Article 1 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, this body oversees the observance of human and civil rights and freedoms by government bodies, including management bodies, heads of commercial and non-profit organizations.

A complaint to this authority is filed in cases where violations relate to the law “On the Protection of Consumer Rights”. Most often they are identified when renting a house or getting an apartment. These include, for example:

• poor quality repairs and finishing;
• violations of sanitary and other standards established by housing legislation and others.

What should be in the complaint

It should be expected that in connection with the storm of problems around 372-FZ, NOSTROY should respond to statements faster and not fall into literalism. So it is quite possible that your application will be accepted without this entire list.

All articles about changes to the SRO in connection with the adoption of 372-FZ in 2016.

However, this list is what should have been used as a basis for complaints against SROs over the past years. So it’s worth paying attention to it in any case. And you can get additional information about whether its individual points are mandatory in this case by calling the NOSTROY phone number indicated above.

So, here's the list.

• the name of the SRO that you accuse of violations - as well as the names of specific employees who made decisions that oppressed you, if you know their names;
• mailing address to which you can respond and details of your company. It may seem that this is fundamentally unimportant - but do not fall for this logic;
• a description of the problem that arose due to the unlawful actions of the SRO, and such actions themselves.
• copies of documents proving incorrect actions of the SRO.

Court decisions

Gray sales schemes in new buildings
Failure to meet deadlines by the developer

Penalty from the developer Dalpiterstroy

How to sue a developer for a penalty

Violation of deadlines for delivery of the house by the developer

The developer returned the money to the shareholder

Complaint to NOSTROY

Selecting an SRO is a matter that needs to be taken seriously, but if you make a mistake and the SRO turns out to be unscrupulous, NOSTROY can protect you.

NOSTROY is a national association of builders and resolving any issues related to the activities of self-regulatory organizations falls within its competence.

If the complaint contains issues for which NOSTROY has previously provided a written response, the appeal will not be reconsidered. To correctly draft a complaint, you may need the help of an experienced lawyer.

The time frame for consideration of written complaints according to Russian legislation should not exceed 30 days. In exceptional cases, the official may extend the review period by 30 days if the situation requires unscheduled inspections. In this case, the applicant is notified of the extension of the consideration period by the chosen method - in writing or by e-mail.

NOSTROY considers the complaint in detail, and if the facts specified in the document are confirmed, it sends a notice to the self-regulatory organization to eliminate the violations. Copies of such notifications are sent to Rostechnadzor.

Unscrupulous SROs that do not correct violations within the time period allotted by NOSTROY may be excluded from the state register.

You can contact NOSTROY in one of the following ways:

1. Send a letter with notification of delivery to the legal address of the organization by mail or courier delivery - 123242, Moscow, st. Malaya Gruzinskaya, 3.
2. Contact by email
3. By phone,. It is impossible to file a complaint by telephone, but this method is suitable for quickly obtaining an answer to the question of the legality of the actions of the SRO.
4. Through the online reception on the official website of NOSTROY. In the subject of the appeal, select the item “Message about an unscrupulous SRO.”

Where can I complain about the developer?

A complaint against the developer can be filed with the State Construction Supervision Authority, the prosecutor's office, Rospotrebnadzor, the police, local government authorities, or the head of the developer.

1. The body authorized to carry out state construction supervision may conduct an unscheduled inspection based on a complaint from a person about an accident, violation of technical regulations, legal acts, design documentation, if such violations have resulted or may result in harm to the life and health of people, the environment , property of citizens and legal entities. Based on the results of the inspection, the developer may be issued an order to eliminate the identified violations.
2. The prosecutor's office, as a supervisory authority, upon receiving a complaint against the developer, will conduct an appropriate inspection or entrust it to an authorized body. If the complaint is related to financial violations on the part of the developer, for example, he received money but does not carry out construction, then such a complaint can be sent to the police or investigative authorities to give a criminal legal assessment.
3. to Rospotrebnadzor if their rights as consumers are violated, in particular when they participate in shared construction, for example, violation of deadlines under an agreement for shared participation in construction, deficiencies in the finishing of an apartment, etc.
4. to local government bodies , in particular to the administration, if the applicant believes that, for example, a building permit was issued to the developer in violation.

In addition to the above-mentioned authorities, a complaint about certain violations can be submitted directly to the head of the developer, who must consider it; however, you should not hope for any action to be taken on the complaint by the developer, but you can try.

USEFUL : everything about collecting penalties from the developer on our website

How to file a complaint

Correctly filing a complaint will speed up the review process, and clearly articulating the essence of claims against a self-regulatory organization and providing evidence will help achieve a fair resolution.

The submitted document must contain:

1. Full name of the applicant – for individuals; Full name, INN, OGRNIP - for individual entrepreneurs; full name of the company, INN, OGRN and full name of the responsible official - for legal organizations.
2. Contact details of the applicant that will be used to send a response. If desired, the response is provided by Russian Post or email.
3. The name of the SRO that you accuse of dishonesty.
4. Text of the appeal with a detailed description of the problem.
5. List of attachments - evidence of the facts specified in the complaint (in docx, pdf, jpg, png format).
6. Date and signature.

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Complaint to Rostekhnadzor

Where to send a complaint against a member of the SRO of builders and other SROs if its member performed his work in bad faith or of poor quality, violated the terms of the contract or construction deadlines? First, you need to contact a self-regulatory organization (Article 55.13 of the Civil Code of the Russian Federation). If the partnership management ignores the request to understand the situation for more than 30 calendar days, it is necessary to send a complaint to Rostechnadzor.

Issues of the legality of actions or inactions of self-regulatory partnerships and their members are supervised by Rostechnadzor. This federal service is another mediator in construction pre-trial disputes aimed at collecting evidence. If Rostechnadzor is unable to resolve the dispute or considers your complaints to be unfounded, you can file a claim in court.

Grounds for filing a lawsuit against the developer

A shareholder usually has many reasons to be dissatisfied with his developer.

We have identified the 5 most common cases when shareholders go to court against the developer.

Here they are:

1. The developer violated the deadline for transferring the apartment to you, and you want to receive a penalty
2. The developer violated the construction deadlines and you want to return the money for the apartment
3. The developer hands you an apartment with defects
4. Disputes related to increasing/decreasing the area of ​​an apartment
5. Disputes regarding recognition of property rights

If your problem is not on this list, call us☎ (St. Petersburg)

This is not a joke:

If you are going to go to court against the developer, you must clearly understand on what legal grounds and what you will demand from the developer in court.

And that's why:

For example, the developer gives you an apartment with construction defects, and does not want to eliminate them voluntarily.

It seems quite logical to go to court with a demand to force the developer to remove them.

But having received such a court decision, it will actually be impossible to execute it.

That's why:

When it comes to the court making a decision on the case, you need to file a monetary claim.

And such features are everywhere.

Is it necessary to file a claim before filing a lawsuit?

Is the consumer required to file a claim?! Mandatory pre-trial procedure before applying to the COURT

Depends on what you require and for what reasons.

Why is it so difficult?

Some grounds for terminating a contract with a developer provide for a mandatory procedure for sending a corresponding request to the developer.

Besides:

You may end up with a judge who erroneously refuses to collect a penalty and/or fine due to the fact that you did not submit a claim.

Or it will not accept the claim at all without confirmation of sending the claim to the developer.

You can do this:

This is all illegal, of course, and it will be possible to appeal such decisions of the judge to a higher court.

And they will most likely even be declared illegal and canceled.

But it will take 2-3 months.

Therefore it is better like this:

It’s easier to submit a claim to eliminate these problems right away.

We have developed sample claims for all major cases of disputes with the developer.

Watch and download.