Legal guarantee for plastic windows - what you need to know

Intending to purchase PVC windows for an apartment, many buyers are wondering whether the selling company provides a warranty for the product sold.

After all, a guarantee for plastic windows is a confirmation of the seller’s serious intentions towards the buyer, a guarantee that in the event of unforeseen circumstances, the client will not be left alone with problems associated with the purchased product of inadequate quality.

Let us immediately note an important feature that you should know before planning a visit to the office in order to select the optimal window model - there are two types of guarantee:

• under contract;
• in law.

Naturally, the priority, despite the conditions described in the contract, is the warranty obligations specified in a certain law (in this case, Law No. 2300-1, Article 5 “On the Protection of Consumer Rights” ). The agreement can only EXPAND them.

Expert commentary

Vladislav Dobronravov

Leading technical specialist at Okna-Media company

The buyer should clearly distinguish - there is a warranty period in accordance with GOST for the plastic windows themselves (in fact, for the design), and there are obligations undertaken by the company to ensure their high-quality installation.

It is also necessary to take into account that different elements of PVC windows have their own service life. Let's take a closer look at the design of the window and give the warranty parameters determined by law for each of its components.

Why is a window warranty so important?

Unlike many models of household appliances, some types of furniture, and so on, modern windows, if they are made haphazardly from low-quality components, will very quickly “let you know” that there are serious problems. It could be:

• depressurization of the structure;
• profile deformation;
• malfunction of fittings;
• yellowing of plastic;
• release of harmful substances from windows, which is accompanied by the appearance of unpleasant odors;
• unsatisfactory heat and sound insulation of structures.

That is why unscrupulous manufacturers and various scammers try to avoid providing a warranty by hook or by crook. If such a document is issued to the buyer, it will be extremely difficult for them to evade responsibility and eliminate inconsistencies at their own expense. After all, it is almost impossible to blame the buyer for a crumpled profile or rusted non-functional fittings.

Many scammers operating in the window market try to replace the warranty with technical service. Under no circumstances should you agree to such conditions for the sale of windows.

Difference between maintenance and warranty

Maintenance of plastic windows involves services provided by the manufacturer, which are carried out on a regular basis every 6 or 12 months. The range of window maintenance work includes checking all structural elements, lubricating seals and opening mechanisms, as well as repairing or replacing failed fittings.

This service is paid and has nothing to do with providing a guarantee. As a result, buyers are advised to be extremely careful when ordering windows. When a manufacturer provides a warranty, this means that, within the agreed period, at his own expense, he will correct problems that arose due to his fault. And maintenance initially implies that any repairs are paid for by the client.

Some manufacturers sometimes provide a year or two of service at the company's expense. This service also cannot be identified with a guarantee, since it is simply a free repair, and in the event of regular serious breakdowns, the company does not bear any responsibility to the buyer. And the terms for providing free service are not comparable with the time for which a normal guarantee is given.

What warranty and post-warranty service is required for plastic windows?

To tell the truth, we rarely encounter the fact that our windows require warranty service. After all, this service includes the elimination of defects in the production of PVC windows or installation. Usually people contact us to adjust the hinges and sash pressure some time after installing the window. Post-warranty service includes replacement of fittings and seals - PVC windows do not require any more repair work throughout their service life.

Warranty service and repairs after installation

Warranty service for a product is the implementation of activities to repair or replace a product of inadequate quality in the event of problems with the performance of the product’s functions identified during a certain period. Read more about the conditions, terms and other nuances of warranty repairs here.

The warranty period for service is legally established by the manufacturer of the product , but using the window example, you can see that installation and maintenance are often carried out not by the manufacturer, but directly by the seller. Let us consider in more detail how warranty service will be provided in this case and by what regulations it is regulated.

According to the Law “On Protection of Consumer Rights”

According to Federal Law of the Russian Federation N 2300-1 “On the Protection of Consumer Rights”, the service life of the window profile must be established by the manufacturer. During this period, the manufacturer is responsible for any defects in the quality of the product identified during its operation.

The window manufacturer sets a recommended service life, on the basis of which the window seller determines the warranty period during which he undertakes to provide warranty service for the window.

If the buyer discovers defects in the product that were not specified in advance, then he has the right to choose and demand the type of compensation:

• replacement of the product with a similar product without the specified defects;
• replacement with the same product of another brand (model, article) with the necessary recalculation of the purchase price;
• a reduction in the price of the product and recalculation commensurate with the deficiency;
• immediate elimination by the seller of defects in the goods;
• reimbursement of expenses for correcting defects in goods by the consumer or hired person.

Attention! If the quality of the double-glazed window or installation was completely unsatisfactory, by law you can terminate the purchase and sale agreement with a full refund of the cost of the double-glazed window.

In this case, the seller has the right to demand the return of the defective product. The dismantling operation is carried out at the expense of the seller.

According to GOST

If a PVC window is made according to GOST, then the manufacturer is obliged to provide the buyer with a double-glazed window that fully complies with the standard specified in the document, with deviations within acceptable limits. Standard building-type double-glazed windows should be:

• clean;
• sealed;
• frost-resistant;
• transmit light;
• avoid optical distortion.

For violations of GOST specified on the labeling, the manufacturer is responsible in accordance with Federal Law No. 184 “On Technical Regulation”. The contract with the buyer, as a rule, specifies a period during which inconsistencies with GOST may be detected in the operation of the fittings and profile design, after which all inconsistencies must be eliminated by the manufacturer.

How many years is the term?

The agreement between the seller and the buyer is regulated by Federal Law of the Russian Federation N 2300-1 “On the Protection of Consumer Rights”. According to Article 19 of the Federal Law of the Russian Federation N 2300-1, the buyer has the right to return goods of inadequate quality within up to two years from the date of purchase. The manufacturer or seller has the right only to expand its customer service and supplement the contract. Manufacturers have no right to violate basic consumer rights.

The service life of the profile and glass unit is established by GOST, but the seller’s obligations to the consumer are specified separately in the contract.

The window profile should last at least 40 years according to GOST N30673-2013 , but some manufacturers increase the declared service life by another 5-10 years.

According to GOST N 24866-2014 and GOST 30673-99, glass units and profiles should be stored in a warehouse for no more than a year. And the minimum warranty period for the profile and glass unit must be at least five years from the date of installation.

GOST - guarantees of window durability

Perhaps, when choosing windows, every consumer is interested in the question related to the service life of structures. This is quite logical, because when investing money, everyone wants to understand how effective such investments are.

Perhaps, when choosing windows, every consumer is interested in the question related to the service life of structures. This is quite logical, because when investing money, everyone wants to understand how effective such investments are. Of course, everyone’s requirements for double-glazed windows are different. However, there are certain standards regulating the main technical parameters. These are GOSTs. The principles according to which double-glazed windows are marked according to GOST are documented; transportation of double-glazed windows is carried out (features and requirements are reflected in the relevant standards).

Depending on the specific situation, you can use GOST for the heat transfer resistance of a double-glazed window or SNiP for double-glazed windows. If the standards reflect the main technical criteria, classifications, control tools and other similar information, then SNiPs cover sanitary and hygienic aspects.

List of faults for warranty service

For your convenience, we provide a list of problems and malfunctions of plastic windows that are subject to warranty service by specialists:

• Chips and cracks on the plastic structure, as well as on the welds of the PVC window.

The main reason for the occurrence of chips and cracks on the window structure or on the welds of the PVC structure is incorrect installation of the plastic structure, violation of installation technology, as well as as a result of incorrect setup of the production line, or violations during the operation of plastic windows. It is especially worth noting that the warranty service does not include chips and cracks resulting from improper use of plastic windows or mechanical impact on the plastic structure.

• Chips and cracks in glass

Chips and cracks in a double-glazed window can occur as a result of incorrect equipment settings during production or due to improper installation of the double-glazed window. The warranty does not cover chips and cracks caused by improper use or mechanical impact on the glass unit.

• Presence of dirt or condensation inside the glass unit

Dirt or condensation in a double-glazed window can form if the double-glazed window production technology is violated.

• Drafts between the window frame and the wall, slope or window sill

They most often arise as a result of improper installation or violation of installation technology.

• Blowing plastic windows

It most often occurs due to poor-quality installation or violation of standards for applying sealing materials. It also occurs as a result of improper adjustment of the plastic window fittings.

• Sagging window sashes or skewed window structure

Such a malfunction most often indicates improper installation of plastic windows or a violation of installation technology.

We have listed a list of the main faults that you may encounter during the operation of plastic windows. Some of these faults can be eliminated immediately after identification, while others require a longer repair process.

How to change a window

First, you should write a complaint in the following format and content:

After sending an official complaint demanding a replacement, the developer or seller may not respond or send a refusal. In this case, it's time to go to court. Before that, you will have to order an examination. Experts will assess the condition of the structures and give an opinion. If the defect appeared due to the fault of the manufacturer, seller or developer, the results of the examination with the signatures of specialists are attached to the statement of claim to the court.

Warranty for individual components of the structure

Plastic window profile

The profile is the most reliable part of the window structure. It consists of metal coated with a layer of PVC (plastic). It is a kind of frame (frame) into which another element is installed - a double-glazed window. The warranty on the window profile is set at 40 years . Some well-known manufacturers increase the warranty period guaranteeing defect-free operation of the profile to 50 years. At the same time, according to the law, by the end of the designated period, the color of the frame may deviate from the original by no more than 10% (under the influence of direct sunlight, the plastic window may turn slightly yellow).

Accessories

The fitting mechanism is located along the entire perimeter of the window and ensures the closing/opening of the light-transmitting structure. Due to the fact that it contains moving parts, it is considered the most unreliable element of the window, which most often fails. Requires periodic lubrication with specially designed aerosols. The warranty period for uninterrupted operation of the fittings is set at 3 years . If a window, due to a malfunction of the fitting mechanism, begins to close poorly, then the installer company must adjust it or completely replace it under warranty.

Double-glazed window

It occupies 90% of the window area and is equipped with several hermetically sealed panes, forming so-called chambers. In good brands of plastic windows, an inert gas (argon) is pumped into the space between the panes, the purpose of which is to increase the thermal insulation characteristics of the double-glazed window. In cheaper window models, instead of gas, dried air is pumped into the space between the glass. The warranty on double glazed windows with gas is 15 years, with dehumidified air - 40 years .

Below are the digital values ​​of the number of years of the warranty period for plastic windows according to the law; in this case, GOST standards apply:

For components

Individual parts - 3 years. Full glass unit - 5 years.

According to GOST 30777-2001 “Tilt-and-turn devices for window... units”, the period for submitting a request for replacement parts is 3 years from the date of delivery of the product to the buyer. The duration of the warranty for window installation is the same, that is, you have the right to replace plastic (wooden) frames within the same 3 years from the date of installation.

Another question is how long is the guarantee for double-glazed windows: for them it is longer: as much as 5 years from the date of installation. This is stated in clause 10.3 of GOST 24866-2014 “Glued double-glazed windows. Technical conditions".

Replacement timing

In Art. 30 of the Law on the Protection of Consumer Rights states that the deadline for replacing a low-quality product is set by the consumer. They do not depend on what the warranty was for the installation of plastic windows, but must be reasonable. The specifics are specified in the contract signed by the buyer and seller. For delay, the seller is charged penalties.

If the seller delays with a replacement, the buyer has the right to demand free repairs or a reduction in its price, or a free replacement. This is stated in Articles 29 and 30 of the Law on Protection of Consumer Rights.

What else does a window buyer need to know?

A guarantee for plastic windows is not only a kind of insurance against transactions with scammers, but also an indicator of the quality of the products. For example, if products are guaranteed for up to 4 years, then there is reason to doubt the reliability and durability of the design. Manufacturers of reliable windows made from high-quality components today confidently provide a 5-10 year guarantee, which confirms the high class of their products.

Even the highest quality windows with a 10-year warranty will have unsatisfactory performance after unprofessional installation.

Warranty periods for products made from PVC profiles

For its clients, it provides the service life of the components of a plastic window, during which the warranty applies:

• Integrity of plastic profile welds, resistance to chips and cracks - 5 years
• The tightness of double-glazed windows and the ingress of moisture through the sealing layer - 5 years
• Rubber window seals, in the absence of visible signs of cracking and peeling - 2 years
• Proper operation of the fittings, subject to proper use - 5 years
• Integrity of all fittings elements, in the absence of hidden manufacturing defects - 3 years
• Adjustment of fittings - 1 year
• The appearance of cracks in installed double-glazed windows, provided they have not been subjected to mechanical stress - 6 months

The warranty period for an assembly seam made using hydro- and vapor barrier (according to GOST) is 5 years. For cold rooms, balconies and loggias, the installation seam is made without the use of hydro- and vapor barriers and is guaranteed for 2 years.

Other elements included in the design of windows have warranty periods:

• Window sills, ebbs, trims, slopes and finishing corners - 1 year
• Operability of the lock cylinder (cylinder) - 6 months
• Mosquito net integrity - 6 months

Types of obligations for double-glazed windows in plastic profiles

The photo shows an example of a warranty card for PVC windows; such forms are issued by many companies

There are 4 types of warranty obligations and this is explained by the fact that in the chain between the window manufacturer and the end buyer there is a dealer, an installation company and other market participants. Often, sellers with whom buyers contact inform about the manufacturer’s warranty, keeping silent about their obligations related to the quality of the installation performed and the provision of service.

The conclusion is that you, as a buyer, should not be interested in the manufacturer’s warranty, since you are in direct contact with the supplier. Therefore, you should know what the supplier and the company that will install the glazing promises.

An important point is to find out who guarantees what before you place an order and pay money.

Obligations of the manufacturer and dealer under the law

The table shows the warranty period for PVC windows in accordance with GOST, which regulates commercial relations between the manufacturer, supplier and buyer

Providing service in accordance with GOST is carried out taking into account the following parameters:

• Storage period and conditions . This refers to the maximum period during which a glass unit can be stored in its packaging. Upon expiration of the period, the seller must remove the old packaging and replace it with new packaging;
• Durability . A glass unit in a plastic profile begins to lose its technical properties after a certain time after manufacture, regardless of operating conditions;
• Warranty resource after shipment . When purchasing double-glazed windows, you are given time during which you can detect certain shortcomings in the design of the profile and in the operation of the fittings, after which these shortcomings will be eliminated at the expense of the manufacturer.

When Warranties are Not Provided

How to force repairs

The purchase price of double-glazed windows initially includes the cost of service; it’s bad that many sellers forget about this after receiving payment

It's unfortunate but true that some suppliers of double-glazed windows on the Russian market are negligent in fulfilling warranty obligations. That is, the glazing is installed, the money is received, why spend money on maintenance or, especially, on repairs!

According to statistics, the seller’s negligent attitude towards his duties is caused by the fact that buyers have no idea about their rights and that they need to be defended. Meanwhile, the law is entirely on the side of the consumer.

To obtain service you will need:

• Document certifying the fact of purchase;
• A document certifying that the installation was carried out by certified installers;
• A document indicating the scope of the warranty obligations.

If the above papers are available, and the seller is in no hurry to provide service, contact the Consumer Rights Protection Society with these documents and your claims. As a rule, such incidents are settled quickly, because the seller is not interested in legal proceedings.

If you live in a new house, you may not have documents accompanying the installation of glazing. In this case, a warranty for windows in a new building is required from the developer, since there is a general contract for the entire house.

Warranty has expired, what to do?

Anyone can carry out maintenance of plastic windows, since the instructions for maintenance work are very simple.

If modern glazing was not initially defective and was installed correctly, it will last at least 10 years without requiring any adjustments. However, the end of the free service period is an excellent reason to learn how to make seasonal adjustments to the fittings and lubricate the moving parts in the frame structure yourself.

What happens if window maintenance is not carried out promptly and regularly?

Windows are structures that are constantly exposed to external influences, many of which are simply invisible. The owner of these products may miss the beginning of the process of unbalancing the mechanisms in the fittings, not notice a slight change in the geometry of the opening shapes, and many other problems that can lead to very unpleasant consequences:

• breakdown of opening mechanisms;
• violation of the tightness of windows at the junction of active sashes;
• reduction in the level of heat and sound insulation of windows;
• profile deformation;
• problems with the tightness of double-glazed windows.

A person who does not have sufficient experience usually discovers all of the listed problems when they are already at a critical stage. And an experienced technician, during inspection, will always be able to identify and prevent possible troubles. That is why window repair and maintenance must be carried out by competent specialists.

Inexperienced window adjuster pays twice

Particular care should be taken in hardware systems to regularly check the wear of elements and their fastening.
However, experts strongly recommend that any repairs, adjustments or replacement of fittings should be performed by an experienced professional. Incorrect or improper adjustment of fittings may result in a uPVC window or door not being able to operate effectively and correctly and components will soon need to be replaced. Such false economy only leads to the need for much more expensive repairs, or even replacement of the entire window. Maintenance can be done on your own without too much trouble if you follow the manufacturer's instructions, but having your windows serviced professionally is safer and more convenient. Remember, repairing damage is much more difficult and expensive than preventing it. It is worth considering that a necessary factor for the manufacturer to recognize the warranty is proper and regular maintenance of windows, including those made of PVC and aluminum.

Warranty obligations of the developer after delivery of the house

The purchase of residential real estate is regulated by the provisions of the Civil Code of the Russian Federation, Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” and Federal Law dated December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate…”. These rules require the developer to transfer the property to the buyer on the terms specified in the contract.

The text of the agreement specifies the cost, terms of transfer, characteristics of the object and warranty obligations after delivery of the house. This article will help you understand the responsibility of the developer, establish a warranty period for apartments, and competently submit a claim under an equity participation agreement in construction.

During direct operation, shortcomings and deficiencies are often revealed - leaking roofing, cracks and leaks, mold, initially non-functioning engineering equipment, obvious construction mistakes. There are enough reasons to make claims.

Important! The scope of warranty obligations in relation to the property is specified in Article 7 of the Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction...”.

The object transferred to the shareholder must comply with the terms of the concluded agreement presented to the buyer of the project, general technical standards and urban planning regulations. Full responsibility for the quality and safety of housing lies with the developer.

The guarantee for an apartment in a new building is established in accordance with Law No. 214-FZ, and when concluding an agreement for participation in shared construction, the parties can establish an increased duration of the guarantee obligations.

When drawing up the deed of delivery of the finished property, all equipment and elements of the apartment’s furnishings are transferred to the shareholder.

This means that the windows of an apartment in a new building, as well as other similar elements of the apartment, will be covered by a single warranty of at least three years. This rule does not apply if, after receiving the finished object, the residents independently replaced individual improvement units and technical elements.

What does the developer not guarantee?

The developer's area of ​​responsibility is strictly defined - these are defects of a capital nature. The developer’s refusal to provide a guarantee may be due to the following circumstances:

• natural wear and tear and deterioration in performance associated with the expiration of the design life;
• non-compliance with the rules for the operation of common areas and property;
• neglect of the rules for installing and using plumbing and household appliances;
• failure of equipment and structural elements initially accepted without claims under the acceptance certificate, or damaged by residents during operation;
• emergency situations associated with disruption of heating, sewerage, gas and water supply, ventilation, drains, provoked by residents.

Important! After delivery of the house, the management company is responsible for its operation. If the claim does not apply to any of the above points, then you will have to contact the developer.

The roof guarantee from the developer will be at least ten years, unless otherwise stated in the terms of the transfer deed. In addition, the warranty period may be provided for in the technical documentation, which is transferred by the developer to the management company immediately after putting the house into operation.

How long does the developer fulfill warranty obligations?

Let's consider whether the standard warranty period can be extended or reduced depending on individual elements or components of an apartment building (for example, how much is the warranty for an elevator after delivery of a fully finished building).

In accordance with paragraph 5 of Art. 7 of Law No. 214-FZ, the standard warranty period for apartment buildings built under an equity participation agreement is at least five years.

However, due to direct provisions of the law, the contract may provide for a longer warranty period for individual elements of the building. For example, for interpanel seams and roofing, the warranty period cannot be less than 10 years. Most responsible developers indicate this period in the contract.

Important! The warranty period for technological and engineering equipment of MKD cannot be less than three years. This equipment includes elevators, boiler rooms, substations, garbage chutes, access systems, ventilation and heating units.

To participate in construction, contractors are selected who guarantee the fulfillment of obligations for a period no less than under the agreement with the shareholders. If this condition is not met, then all responsibility for the operation of engineering equipment falls on the developer.

For example, what warranty period can be established for a radiator battery when accepting an apartment from a developer? If, after signing the act, the residents did not apply for replacement of utility networks and certain types of communications, the guarantee will apply for the entire five-year period.

How to properly file a claim with the developer after delivery of the house?

Since the contractor’s liability after the warranty period can only arise for the proper condition of the load-bearing structures and components of the building, all claims regarding the condition of residential premises or general property of the house must be submitted before the expiration of the five-year period. This period of time is calculated from the moment the property is transferred to the owner.

This fact is recorded by signing the acceptance certificate of the finished residential premises. It is signed after receiving the certificate of ownership. Enforcement of obligations after delivery of the house is based on the following algorithm.

Claims discovered during the warranty period must be submitted in writing. The appeal must indicate the nature of the deficiencies and the time frame for their elimination. In some cases, it is not possible to completely eliminate the defect; for this purpose, the law provides for compensation - a proportionate reduction in the contract price or reimbursement of the costs of elimination by the shareholder (Clause 2 of Article 7 of Law No. 214-FZ).

The application must be handed over to the developer's representative against signature, keeping the second copy for yourself, or sent by registered mail with notification. Only in this case will you have a document on hand confirming the fact that the claim was sent.

Important! The period for consideration and response to claims is regulated by the Law on the Protection of Consumer Rights (up to 10 days) and the Civil Code of the Russian Federation (no more than 30 days). But it is better to indicate in the text of the appeal the period within which to consider and respond to the appeal.

In most cases, the nature of the appeal is carefully checked to see whether the claim falls under the responsibility of the management company. Therefore, it is recommended to apply there at the same time. Having in hand a response from the Criminal Code confirming that the defects are construction deficiencies, it will be easier to communicate with the developer’s representatives.

Since the technological equipment of a residential building is transferred to the management company for operation, its responsibilities will include routine maintenance and repair of the transferred property. If the rules and procedures for repair work are violated, the management company may be responsible for the deficiencies if it did not exercise the right to make a warranty claim.

Who bears warranty obligations if the developer goes bankrupt (liquidated)? The answer to this question will depend on the stage of construction - if bankruptcy took place before the facility was put into operation, shareholders will have to register rights to the unfinished construction project.

In this case, the house will have to be completed with the help of another contractor or construction organization, which will set the warranty period.

If the bankruptcy occurred after the transfer of the house to the management company, claims under the guarantee will be satisfied through the compensation funds of self-regulatory organizations and civil liability insurance of SRO members.

If citizens involved contractors in the construction of their own private home, a warranty period may also be established for the construction work for making quality claims. The warranty period for the construction of a private house cannot be less than one year, and for certain types of work - up to five years.

In what cases should I write a complaint?

Demand that deficiencies be corrected on the basis of an official document - a complaint

During the operation of an apartment building, design flaws may be identified that arose due to the fault of the builders. In accordance with Russian legislation, after the commissioning of a building, the developer bears warranty obligations for the commissioned facility for five years (sometimes longer, depending on the terms of the contract).

In a high-rise building, the roof leaks, the basements are flooded, the air circulation in the ventilation system is disrupted, the tightness of the interpanel seams - all these and many other shortcomings must be eliminated by the one who built the house.

Not only the apartment owners themselves, but also organizations serving the housing stock: management companies, municipal enterprises can demand correction of deficiencies from the developer under warranty. An official document with such requirements is a claim.

When it comes to shared construction, many are mistaken in believing that only shareholders have the right to write a claim. This is wrong.

A person who bought a home under a DDU can subsequently sell it to a third party. And this person has the right to write a claim to the developer in the same way to eliminate defects in the apartment. The main condition here is that the warranty period does not expire.

You can demand that the developer eliminate defects or compensation if you eliminated them yourself

• When the house has already been handed over, but payments under the equity participation agreement have not yet been completed. Due to identified structural deficiencies, the shareholder has the right to demand a reduction in the cost of the apartment under the contract. The cornerstone in such matters is the proportionality of the losses incurred by the apartment owner and the claims made in the claim.
• The requirement to correct all violations within a reasonable time. The key condition here is the period for eliminating deficiencies. If the shortcomings are not critical (for example, the exits of the ventilation shafts on the roof are installed incorrectly), then the time frame may be several months. But in the case of a leak in the roof or interpanel seams with moisture penetrating into the apartment (or, even worse, into the area of ​​the electrical distribution panel) - that is, problems of a major nature, fraught with further damage to the property of the homeowners - literally days or weeks can be included in the claim, allocated for elimination.
• There are often cases when residents fix construction defects on their own. In such a situation, they have the right to send a letter to the developer demanding compensation for repair costs. The reason for such a claim, for example, may be poor-quality plaster or wallpaper, defects in windows and doors.

How to make a claim

The content of a business letter, which is essentially a complaint, although written in free form, is still subject to certain rules.

To file a claim, contact a lawyer for help.

• in the header - recipient data (name of organization, legal and actual addresses, contact numbers, e-mail addresses);
• There is also information about the applicant, that is, about you. If the claim is submitted on behalf of the HOA - then the name, address and contact information of the association;
• Next, you should describe the essence of the shortcomings as clearly and in detail as possible. It is better if you involve a person familiar with construction technologies for consultation. At the same time, there is no need to describe your feelings about the identified problems - the claim is a document, and there is no need for emotions in it;
• after that you need to state your requirements. If they involve eliminating shortcomings, weigh everything carefully and write down deadlines. If we are talking about monetary compensation for moral and material damage, then justify the amount of the claim. The same should be done when you require the developer to reduce payments under an equity participation agreement;
• when you request a refund for defects you have corrected yourself, you must provide the bank details of the recipient of the funds;
• the standard point of the claim is that if your legal requirements are ignored, you are determined to defend your rights in court;
• When describing shortcomings and requirements, try to refer to current laws and clauses of the contract with the construction organization (if there is one). This will increase the likelihood of the issue being resolved in your favor.

From the developer

It is 5 years.

According to paragraph 5 of Art. 7 Federal Law-214 “On participation in shared construction”, apartments in new buildings purchased by shareholders are subject to a 5-year period for detecting hidden defects. It also works for double-glazed windows. You have the right to apply for compensation if a defect is discovered even after signing the acceptance agreement. The countdown of the 5-year period begins from the moment the apartment is transferred to the buyer (Clause 5, Article 7 of Federal Law-214).

After the owner of the apartment has submitted a claim, the windows are replaced under a guarantee from the developer: make a claim in free form. In paragraph 6 of Art. Article 7 of the Law “On Participation in Shared Construction” states that the developer is obliged to replace or repair the structure if the owner of the apartment sends him a corresponding application. If refused, he has the right to go to court. Paragraph 7 of the same article states that the basis for refusal will be wear and tear of the structure or poor-quality repairs carried out by the applicant himself.