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Renovation is a labor-intensive and energy-consuming process, which justifies its cost by the fact that as a result, a person receives an updated interior of the apartment, which is pleasant to stay in. But what to do if the money is paid, but the work performed turns out to be of poor quality?
This is the question asked by people who are faced with unscrupulous employees who have not fulfilled their obligations efficiently and on time.
In this article we will look at the possibilities for filing a claim with employees and getting a full or partial refund.
What to do if you have done poor quality repairs in your apartment?
The provision of repair work services falls under the consumer protection law. Accordingly, the consumer of this service can claim high-quality repair work, which must be done on time. Failure to comply with one of the requirements gives the consumer a reason to write a complaint or apply for legal protection.
In order to exercise his rights, the consumer must have a formalized contractual relationship with the invited developers.
The contract is drawn up before the start of work and must specify:
- Cost of repair work;
- Deadline dates for fulfillment of undertaken obligations;
- All types of work that must be done are indicated;
- It is envisaged how the calculation will take place;
- A guarantee is prescribed that the workers provide upon completion of the repair.
As practice shows, it is almost impossible to provide for everything, and, of course, in the process, additional nuances will be negotiated that need to be added to the contract through official changes.
But how to return money for poor-quality apartment renovation without a contract is rather a rhetorical question. If the consumer does not have any documentary evidence of the agreement, then there is only one way out - to appeal to the conscience of the developer.
Although, of course, you can collect witness testimony, receipts for the purchase of materials and go to court with this claim, the process is labor-intensive and not always beneficial for the consumer.
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How is an examination of poor-quality repairs in an apartment carried out?
To confirm poor-quality work performed, it is often necessary to resort to examination. An independent examination should be carried out by an official company, which, based on the results, will be able to issue a report on the conclusion made.
To do this, you need to contact the selected organization and write an application for an examination.
In some cases, the developer may have nothing to do with the identified deficiencies.
For example, during relatively recent construction in new buildings, the soil under the house settles during the first 5 years, which can cause small cracks and distortions.
How to get money back for poor-quality apartment renovation?
To prove that the developers made poor repairs in the apartment, you need to understand what is meant by this phrase.
Signs of poor-quality apartment renovation :
- unevenly placed materials on the walls, floor, ceiling;
- peeling wallpaper;
- carelessly made seams between the joints of tiles, wallpaper or other building materials;
- partially hidden pipes, wires;
- damaged materials.
Lengthy deadlines are also a sign of poor quality work. Information on how to file a claim with the developer to eliminate defects during the warranty period is in the following article.
Court decisions
Penalty from the developer Dalpiterstroy
Apartment plan does not comply with the contract
Dispute with LLC Lenspetsstroy
Violation of deadlines for delivery of the house by the developer
Gray sales schemes in new buildings
Failure to meet deadlines by the developer
Sample claim for poor-quality apartment repairs
To eliminate the deficiencies made by the builders or return the money, the consumer will need to first contact the manager of the construction organization that did the poor-quality work in the apartment and write a claim in his name demanding that the deficiencies be eliminated or a penalty paid.
The claim is drawn up in any order, but legally correct. To do this, you can contact a lawyer who can help you file a claim.
The claim must indicate the main problems and all the smallest flaws in the work that the builders did. It is also necessary to describe the methods for fulfilling obligations and resolving the dispute. The main thing that should be indicated in the claim is whether it is important to receive money or whether it is a priority to make adjustments to the work. The claim is submitted to the manager.
What can residents expect?
An apartment building is a huge structure in which various components may require repairs. It could be:
- Entrance. The residents' application to the management company must contain a reference to Article 161 of the Housing Code (Part 1). It states that this organization is obliged to provide residents with safe and favorable living conditions. In addition, it is necessary to indicate the essence of the problem: failure to perform or poor-quality cleaning, broken stairs and flights, broken glass, insufficient lighting, peeling paint, broken intercom, etc.
- Roof. The Decree on the operation of residential buildings allocates a separate part (No. 4.6) for the maintenance and repair of the roof. A collective application to the management company must be supported by the relevant subparagraph of this legislative regulation.
- Major renovation. The costs of major repairs are borne by the owners of the premises, therefore the initiative lies with them. To start it, a meeting of residents will be required, where the majority of them (at least 2/3) will agree. To carry out major repairs of the house, a material base is formed from additional contributions from residents. This amount is calculated in accordance with the area of the premises separately for each owner. At the request of one citizen, it is possible to achieve major repairs of only a separate part/structure of a building that poses a threat to life. If there is no response to such a request within five days, the owner has the right to appeal to the court/housing inspectorate or prosecutor’s office.
- Balcony. Decree No. 170 states that all balconies must be safe. If separation, deformation, destruction and other factors posing a danger are detected, employees of the management organization are obliged to: close access to the facility, seal the passage, draw up a plan for reconstruction or repair, find and conclude an agreement with specialists to carry out this type of work, monitor the implementation and check state of the finished object. If a violation was identified by the owner of the apartment, then he has the right to independently send a corresponding application to the management company.
- Walls. This is one of the most important parts of any building, including an apartment building. According to the law, the following factors related to walls are unacceptable: the formation of cracks, deformation, incorrectly positioned verticals, falling out of bricks, etc. The walls must be in such a condition as to ensure safety for residents, the required temperature and humidity levels, and the integrity of the overall structure. The opening of a crack of more than one millimeter is a violation and a reason to contact an authorized organization.
- Beauty and purity. The regulations for each part of a residential building contain a clause on maintaining cleanliness and performing finishing work. Therefore, the presence of dirt, peeling paint and other unsightly things are a compelling argument for filing a claim against the Criminal Code. A sample application to the management company can be found below.
