The promised repair three years waiting: the lawyer explained why you can not trust the developer at his word

Getting the keys to a new apartment can turn into an unpleasant surprise if you do not check the condition of the housing before signing the documents. Cracks in the walls, faulty sockets and leaking pipes can spoil the joy of the long-awaited move. At the same time, a hasty signature under the transfer deed may complicate further disputes with the developer.

“MK in St. Petersburg” talked with Candidate of Law, Associate Professor of the Faculty of Law of the Financial University Ksenia Yunusova and found out what to pay attention to when accepting an apartment, how to correctly fix shortcomings and what to do if the developer refuses to eliminate them.

According to the expert, the inspection should begin not with the quality of wallpaper or tiles, but with the inspection of the main structures and engineering systems. Particular attention should be paid to cracks, traces of moisture, the condition of the screed of the floor, the tightness of the windows and the operation of the doors. It is also necessary to check electricity, ventilation, heating, water supply and sewerage. If the apartment is rented with finishing, its quality must be checked first of all with the terms of the contract.

Yunusova stressed that the detected shortcomings should be recorded in detail in writing. Instead of a vague remark about poor repair, a specific problem should be indicated, such as the length of the crack, a faulty socket, or the location of the leak. Additional evidence will be photos and videos.

“The main mistake of the buyer is to sign the act without comments only because the developer’s representative promises to fix everything later,” the lawyer warned.

If the construction company does not recognize defects or there are disagreements on their nature, special rules for the transfer of housing in 2026 provide for the preparation of an inspection certificate with the participation of a specialist.

At the same time, the signing of the transfer deed does not deprive the owner of the right to make claims for hidden shortcomings that were revealed after settlement. For example, if the wall began to freeze in winter or a leak appeared after the rain.

According to the law No. 214-FZ, the minimum warranty period for a shared construction object and engineering equipment is three years, and for finishing works - one year. During the warranty period, the buyer has the right to demand the elimination of deficiencies, if they arose through the fault of the developer.

If violations are detected, the owner may demand free repairs, a reduction in the cost of the apartment or compensation for the costs of self-correction of defects. In some cases, serious violations even allow you to abandon the contract.

However, you should not expect to eliminate all the problems in a few days. As Yunusova explained, there is no single repair period for any shortcomings. It must be agreed with the developer and fixed in writing.

If the company refuses to make comments in the documents, the buyer should independently make a list of defects and send it to the developer with confirmation of receipt. If necessary, a construction expert can be involved.

At the same time, the lawyer warned against endless delay in acceptance. Under certain circumstances, the developer has the right to arrange the transfer of the apartment unilaterally. Therefore, the refusal to sign documents must be supported by specific claims.

“Practically the best acceptance principle can be formulated as follows: first inspection, then written fixation of all defects, and only after that signature. Keys can be obtained in one day, and the consequences of poorly designed acceptance have to be eliminated for months, Yunusova concluded.