The Supreme Court explained the timing of filing a claim for housing defects to the developer

The Supreme court of Russia explained the terms in which newcomers can sue developers for defects in the purchased apartment.

Rg.ru got acquainted with the case of residents in Kemerovo, where an apartment building was built in 2013. The apartment in this house was purchased by an investor organization, and then resold to individuals. New homeowners have faced the fact that it turned out to be cold and damp, and none of the renovations carried out have improved the situation. The owners repeatedly complained to the developer about the thin walls, but to no avail.

Later, the arbitration court found defects in the construction of the house ineligible due to poor-quality materials. But when in 2023 the owners of the apartment filed a lawsuit against the developer, the regional and cassation courts refused them because of the expiration of the limitation period.

The Supreme Court sent the case for review with the following arguments:

The beginning of the limitation period is determined by the moment when the plaintiff learned or should have learned about the violation of his rights. In this case, the significant shortcomings of the house were revealed only by the arbitration court. The limitation period must be calculated from the moment of transfer of the apartment to the plaintiffs. For equity objects, such as apartments in apartment buildings, the service life is not set separately - it is valid for the entire house. The service life can be from 50 to 80 years.

Thus, the Supreme Court recognized that claims for significant defects of housing can be brought for the entire life of the house, which is many times more than the ten-year term established by the law on consumer protection.