Acceptance of apartments in new buildings in St. Petersburg

Acceptance of apartments in new buildings in St. Petersburg together with specialists

In new residential buildings in St. Petersburg and the Leningrad region, defects, defects and substitution of materials specified in the contract with lower quality materials are, unfortunately, commonplace.
Owners who did not take care of a thorough inspection of the apartment upon acceptance have to fix everything at their own expense, since it is very difficult to restore justice in hindsight. And even if the future owner tries to carefully inspect everything, he may either miss defects due to inexperience, or simply not be able to detect them without professional measuring instruments. Acceptance of an apartment in a new building in St. Petersburg will help you avoid a similar fate and not have to deal with defects at your own expense. You should seek the help of an experienced expert to find all inconsistencies in the design documentation and identify defects. Timely detection of defects will save you from unnecessary costs and the need to sue the developer.

Contact Cityprof! Qualified specialists will carry out a comprehensive inspection with full responsibility and provide additional services so that you can live in a safe and environmentally friendly environment.

Additions to acceptance during finishing

If you accept an apartment with a fine finish, you also need to carefully check the doors, windows, walls, pipes and electrics. To all this is added:

Finishing walls, floors and ceilings. Check to see if the wallpaper or paint is peeling, whether the floor and ceiling coverings, tiles in the bathroom and other decorations that you are entitled to under the contract are installed smoothly. For example, interior doors. Open and close several times, make sure they are level and not wobbly or creaky.

The good thing about finishing is that the apartment is already suitable for living, it already has all the necessary plumbing. Check the external condition of the toilet, sink and bathtub for chips and cracks. Is water flowing from all taps, are the hot and cold water meters spinning? Flush the toilet and see if the pipes are leaking.

When going to inspect your own apartment, set aside at least an hour of free time. After checking everything that you are entitled to under the contract, in any case you will still need to draw up an Apartment Inspection Report. If you are satisfied with everything, you will need to sign all the papers and, possibly, go to the management company on the same day for further actions. If significant deficiencies are identified and you are mentally prepared to postpone acceptance until the developer eliminates them, describe your quality complaints in detail in the inspection report.

The developer's representative will most likely try to persuade you to agree to warranty service. Of course, you will probably want to start making renovations or move into your own apartment as soon as possible. But it is better to eliminate all the shortcomings at once, sacrificing acceptance time, than to later demand warranty service from the developer. Practice shows that this event is not worth waiting for who knows how long. By the way, the acceptance deadline is postponed for a “reasonable period” (as is usually written in the contract) until the deficiencies are eliminated. For some it takes two weeks. In my case, correcting a list of eight claims in the rough finish took the developer 28 days. But after the second inspection, I received the keys to the apartment, which no longer needs to be remodeled. I immediately ordered pizza there and celebrated this event right on the concrete floor. In an empty apartment, but without any “defects” and with a calm soul.

If you prefer to watch rather than read, there are useful tips on the topic “How to accept repairs” in our video.

Advantages of contacting Cityprof:

acceptance is carried out by qualified specialists with higher education, who perfectly know all the necessary construction standards and have already accepted hundreds of objects in St. Petersburg;
Each application is considered without delay, the time of the specialist’s visit to the site is quickly agreed upon, including possible departure on the day of application;
specialists conduct the inspection quickly and competently, noticing all deviations from the norm, which is impossible for an untrained person;
for thorough acceptance, professional measuring equipment is used, which is expensive, so there is no point in purchasing it for just one application;
in addition to such harmless defects as uneven walls and chips, experts identify the presence of materials hazardous to humans, which negatively affect health and even shorten life expectancy;
Based on the results of the inspection, an official “Specialist’s Conclusion” is drawn up, and if it is necessary to go to court, an independent examination is carried out.

Acceptance of an apartment with finishing

1. Terms and definitions

In this agreement on the processing of personal data (hereinafter referred to as the Agreement), the terms below have the following definitions:

Acceptance of the Agreement – full and unconditional acceptance of all the terms of the Agreement by sending and processing personal data.

Personal data – information entered by the User (subject of personal data) on the landing page and directly or indirectly related to this User.

User – any individual or legal entity who has successfully completed the procedure of filling out the input fields on the landing page.

Filling out input fields is the procedure for the User to send their first name, last name, phone number, and personal email address (hereinafter referred to as Personal Data) to the database of registered users of the landing page, carried out for the purpose of identifying the User. As a result of filling out the input fields, personal data is sent to the Operator’s database. Filling out the input fields is voluntary.

Website – a website located on the Internet.

2. General provisions

2.1. This Agreement is drawn up on the basis of the requirements of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” and the provisions of Article 13.11 on “Violation of the legislation of the Russian Federation in the field of personal data” of the Code of Administrative Offenses of the Russian Federation and is valid for all personal data that the Operator can obtain about the User while using the Site.

2.2. Filling out the input fields by the User on the Site means the User’s unconditional agreement with all the terms of this Agreement (Acceptance of the Agreement). In case of disagreement with these conditions, the User does not fill out the input fields on the Site.

2.3. The User’s consent to the provision of personal data to the Operator and their processing by the Operator is valid until the termination of the Operator’s activities or until the User withdraws consent. By accepting this Agreement and going through the Registration procedure, as well as by subsequently accessing the Site, the User confirms that, acting of his own free will and in his own interest, he transfers his personal data for processing to the Operator and agrees to their processing. The User is notified that the processing of his personal data will be carried out by the Operator on the basis of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”.

3. List of personal data and other information about the user to be transferred to the Operator

3.1. When using the Operator’s Website, the User provides the following personal data:

3.1.1. Reliable personal information that the User provides about himself independently when Filling out input fields and/or in the process of using the Site services, including last name, first name, patronymic, telephone number (home or mobile), personal email address.

3.1.2. Data that is automatically transferred to the Site services during their use using software installed on the User’s device, including IP address, information from Cookies, information about the User’s browser (or other program through which the services are accessed).

3.2. The Operator does not verify the accuracy of the personal data provided by the User. In this case, the Operator assumes that the User provides reliable and sufficient personal information on the questions proposed in the Input Fields.

4. Purposes, rules for the collection and use of personal data

4.1. The Operator processes personal data that is necessary to provide services and provide services to the User.

4.2. The User’s personal data is used by the Operator for the following purposes:

4.2.1. User identification;

4.2.2. Providing the User with personalized services;

4.2.3. Maintaining contact with the User if necessary, including sending notifications, requests and information related to the use of services, provision of services, as well as processing requests and applications from the User;

4.3. During the processing of personal data, the following actions will be performed: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, blocking, deletion, destruction.

4.4. The user does not object that the information specified by him in certain cases may be provided to authorized state bodies of the Russian Federation in accordance with the current legislation of the Russian Federation.

4.5. The User's personal data is stored and processed by the Operator in the manner provided for in this Agreement for the entire period of activity by the Operator.

4.6. The processing of personal data is carried out by the Operator by maintaining databases, automated, mechanical, and manual methods.

4.7. The Site uses Cookies and other technologies to track the use of Site services. This data is necessary to optimize the technical operation of the Site and improve the quality of service provision. The Site automatically records information (including URL, IP address, browser type, language, date and time of request) about each visitor to the Site.

The user has the right to refuse to provide personal data when visiting the Site or disable Cookies, but in this case, not all functions of the Site may work correctly.

4.8. The confidentiality conditions provided for in this Agreement apply to all information that the Operator can obtain about the User during the latter’s stay on the Site and use of the Site.

4.9. Information that is publicly disclosed during the execution of this Agreement, as well as information that can be obtained by the parties or third parties from sources to which any person has free access, is not confidential.

4.10. The Operator takes all necessary measures to protect the confidentiality of the User’s personal data from unauthorized access, modification, disclosure or destruction, including: ensuring constant internal verification of the processes of collecting, storing and processing data and ensuring security; ensures physical security of data, preventing unauthorized access to technical systems that ensure the operation of the Site, in which the Operator stores personal data; provides access to personal data only to those employees of the Operator or authorized persons who need this information to perform duties directly related to the provision of services to the User, as well as the operation, development and improvement of the Site.

4.11. The User's personal data remains confidential, except in cases where the User voluntarily provides information about himself for general access to an unlimited number of persons.

4.12. The transfer by the Operator of the User’s personal data is legal during the reorganization of the Operator and the transfer of rights to the Operator’s legal successor, while all obligations to comply with the terms of this Agreement in relation to the personal information received by him are transferred to the legal successor.

4.13. This Statement applies only to the Operator’s Website. The Company does not control and is not responsible for third party sites (services) that the user can access via links available on the Operator’s Website, including in search results. On such sites (services), other personal information may be collected or requested from the user, and other actions may be performed.

5. Rights of the user as a subject of personal data, modification and deletion of personal data by the user

5.1. The user has the right:

5.1.2. Require the Operator to clarify his personal data, block it or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, and also take measures provided by law to protect his rights.

5.1.3. Receive information regarding the processing of his personal data, including containing:

5.1.3.1. confirmation of the fact of processing of personal data by the Operator;

5.1.3.2. the purposes and methods of processing personal data used by the operator;

5.1.3.3. name and location of the Operator;

5.1.3.4. processed personal data related to the relevant subject of personal data, the source of their receipt, unless a different procedure for the presentation of such data is provided for by federal law;

5.1.3.5. terms of processing of personal data, including periods of their storage;

5.1.3.6. other information provided for by the current legislation of the Russian Federation.

5.2. Withdrawal of consent to the processing of personal data can be carried out by the User by sending the Operator an appropriate written (printed on a tangible medium and signed by the User) notice.

6. Responsibilities of the Operator. Access to personal data

6.1. The Operator undertakes to ensure the prevention of unauthorized and inappropriate access to personal data of Users of the Operator's Website. In this case, authorized and targeted access to the personal data of Site Users will be considered access to them by all interested parties, implemented within the framework of the goals of the activities and the subject of the Operator’s Sites. However, the Operator is not responsible for possible misuse of Users’ personal data that occurs as a result of:

• technical problems in software and hardware and networks beyond the control of the Operator;

• in connection with the intentional or unintentional use of the Operator’s Website other than for its intended purpose by third parties;

6.2 The Operator takes necessary and sufficient organizational and technical measures to protect the user’s personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions of third parties with it.

7. Changes to the Privacy Policy. Applicable Law

7.1. The Operator has the right to make changes to these Regulations without any special notice to Users. When changes are made to the current edition, the date of the last update is indicated. The new edition of the Regulations comes into force from the moment of its publication, unless otherwise provided by the new edition of the Regulations.

7.2. The law of the Russian Federation shall apply to this Regulation and the relationship between the User and the Operator arising in connection with the application of the Regulation.

How does acceptance happen?

There is no need to be careless about the acceptance of housing, considering it an empty formality, but to immediately identify defects in order to timely submit a claim to the developer demanding that the defects be corrected. Unfortunately, future apartment owners often carry out the inspection on their own and miss many shortcomings, and over time they have to spend money on repairs that could easily have been avoided. If you do not have the experience and necessary tools, then it is advisable to contact a specialist. Find out how it works.

What does an independent expert do when accepting an apartment?

The Cityprof specialist carefully studies the contract and all appendices, after which:

compares the materials used with those specified by the developer;
looks for deviations from the norm of all surfaces;
evaluates the quality of installation of facing materials, including floor, wall and ceiling materials, as well as the quality of glazing of windows, balconies and loggias;
checks the reliability of installation of plumbing equipment;
checks the safety and functionality of electrical outlets, switches, and electrical wiring;
checks electricity, cold and hot water consumption meters;
checks plumbing, sewerage, batteries and heating systems;
evaluates the efficiency of hoods and the quality of thermal insulation.

The specialist answers all the customer’s questions and at the end fills out the necessary documentation, which includes a document that clearly states the deadlines for eliminating defects by the developer. According to this document, the developer is obliged to fix everything, or reduce the cost of the apartment, or pay compensation to the owner.

Acceptance of apartments in new buildings

1. Terms and definitions

In this agreement on the processing of personal data (hereinafter referred to as the Agreement), the terms below have the following definitions:

Acceptance of the Agreement – full and unconditional acceptance of all the terms of the Agreement by sending and processing personal data.

Personal data – information entered by the User (subject of personal data) on the landing page and directly or indirectly related to this User.

User – any individual or legal entity who has successfully completed the procedure of filling out the input fields on the landing page.

Website – a website located on the Internet.

2. General provisions

3. List of personal data and other information about the user to be transferred to the Operator

3.1. When using the Operator’s Website, the User provides the following personal data:

4. Purposes, rules for the collection and use of personal data

4.1. The Operator processes personal data that is necessary to provide services and provide services to the User.

4.2. The User’s personal data is used by the Operator for the following purposes:

4.2.1. User identification;

4.2.2. Providing the User with personalized services;

4.5. The User's personal data is stored and processed by the Operator in the manner provided for in this Agreement for the entire period of activity by the Operator.

4.6. The processing of personal data is carried out by the Operator by maintaining databases, automated, mechanical, and manual methods.

The user has the right to refuse to provide personal data when visiting the Site or disable Cookies, but in this case, not all functions of the Site may work correctly.

4.8. The confidentiality conditions provided for in this Agreement apply to all information that the Operator can obtain about the User during the latter’s stay on the Site and use of the Site.

4.11. The User's personal data remains confidential, except in cases where the User voluntarily provides information about himself for general access to an unlimited number of persons.

5. Rights of the user as a subject of personal data, modification and deletion of personal data by the user

5.1. The user has the right:

5.1.3. Receive information regarding the processing of his personal data, including containing:

5.1.3.1. confirmation of the fact of processing of personal data by the Operator;

5.1.3.2. the purposes and methods of processing personal data used by the operator;

5.1.3.3. name and location of the Operator;

5.1.3.5. terms of processing of personal data, including periods of their storage;

5.1.3.6. other information provided for by the current legislation of the Russian Federation.

6. Responsibilities of the Operator. Access to personal data

• technical problems in software and hardware and networks beyond the control of the Operator;

• in connection with the intentional or unintentional use of the Operator’s Website other than for its intended purpose by third parties;

7. Changes to the Privacy Policy. Applicable Law

7.2. The law of the Russian Federation shall apply to this Regulation and the relationship between the User and the Operator arising in connection with the application of the Regulation.

Additional services:

Official verification of the area of the apartment - since in 64% of cases the actual dimensions of the living space differ from those that were initially recorded, it is necessary to make measurements. If the area turns out to be larger, you will have to pay extra, and if it is smaller, then the developer must return part of the paid amount.
Drawing up a detailed plan of the apartment is necessary in order not to make a mistake in calculating the materials needed for repairs and to effectively plan the arrangement of furniture.
Thermal imaging inspection of the apartment (carried out only in the cold season) - timely detection of defects on the facade walls during the inspection frees residents from the need to eliminate them at their own expense, since this is the responsibility of the developer.
Measuring electromagnetic radiation - special devices allow you to measure electromagnetic radiation both from the apartment itself and from household appliances to identify violations of standards. This is the only way to prevent dangerous effects on the health of residents from EMR sources.
Measuring the radioactive background in an apartment - low-quality materials gradually cause enormous damage to the health and lives of people. Only radiation measurement provides an environmentally friendly and safe living space.
Ammonia measurement - adding various additives to concrete in violation of technology leads to ammonia fumes, which makes the apartment uninhabitable, so you need to make sure that your apartment is safe. Special equipment is used to measure ammonia levels because it cannot be detected otherwise.
Expert opinion - this document is necessary in the case when the developer does not issue an inspection sheet and refuses to accept comments. An official acceptance report is also needed if the case goes to court.
Valuation of an apartment for a mortgage - this document is required to be submitted to the bank in order to obtain borrowed funds for the purchase of an apartment, since the collateral value is determined on its basis.

The company's specialists take full responsibility for a comprehensive inspection or performance of individual services. Our goal is to help every client obtain quality housing.

The Supreme Court explained whether a developer can replace bricks with slabs

Olga Golubeva* entered into a share participation agreement with OJSC Mortgage Corporation of the Chuvash Republic, under which the company undertook to build and transfer ownership of a certain apartment to her for 3,096,262 rubles. When the apartment was rented out, Golubeva discovered that the electrical sockets were poorly attached to the wall, and the interior partitions consisted of tongue-and-groove slabs - although according to the technical description, which is an integral part of the contract, they should be made of brick.

Golubeva sent a complaint regarding this matter. The developer fixed the sockets, but refused to change the interior partitions - the design declaration provided for the construction of these partitions from tongue-and-groove slabs. At the same time, the documentation received a positive conclusion from the state examination.

CASE No. 31-КГ17-11

PLAINTIFF: Olga Golubeva*

DEFENDANT: OJSC “Mortgage Corporation of the Chuvash Republic”

COURT: Supreme Court of the Russian Federation

CASE DETAILS: The shareholder disputes the actions of the developer, who at his own discretion changed the material of the interior partitions

DECISION: The plaintiff's demands are satisfied

Then the woman went to court. She asked to reduce the cost of the apartment from 3,096,262 rubles. up to 3,005,233 rubles, recover 91,029 rubles from the company. difference, 12,000 rub. for a specialist’s opinion, RUB 33,346,742. penalties for failure to satisfy requirements to eliminate defects in work, RUB 500,000. compensation for moral damage, 50% of the awarded fine for failure to comply with requirements voluntarily, as well as the cost of a representative’s services. The Novocheboksarsk City Court of the Chuvash Republic, relying on the expert’s opinion, came to the conclusion that the material for the partitions did not comply with the terms of the agreement concluded between the parties. At the same time, the court did not listen to the developer, who insisted: in accordance with clause 2.4 of the contract, he has the right to make minor architectural and structural changes without additional notice, as well as replace building materials or equipment with equivalent ones in quality, provided that upon completion of construction the house will be meet the requirements of design documentation. The court did not recover 12,000 rubles. for the examination, since he decided: since a forensic examination was carried out in the case, these expenses of the plaintiff were not necessary. The first instance also did not find evidence that the plaintiff approached the defendant with demands to eliminate the deficiencies within a reasonable period, and such a period was established, and therefore refused to collect the penalty. As a result, the court only reduced the price of the property and collected 91,029 rubles. difference, 1000 rub. compensation for moral damage and 46,015 rubles. fine

The Supreme Court of the Chuvash Republic overturned this decision and completely rejected the claim. He proceeded from the fact that when using tongue-and-groove slabs, the plaintiff had not proven a deterioration in the quality of the shared construction project, which means there were no grounds for reducing the price of the apartment.

Then Golubeva appealed to the Supreme Court. He indicated that the appeal, in violation of Art. 56 of the Code of Civil Procedure placed the burden of proof on the plaintiff-consumer. At the same time, she did not indicate on what evidence the conclusion was based that the change in material did not lead to a deterioration in the quality of the partition. Therefore, the Supreme Court canceled the appeal ruling and sent the case for a new trial to the same court (No. 31-КГ17-11). To date, it has not yet been considered.

“The Supreme Court in its judicial acts has always followed the trend - it is necessary to fully and comprehensively consider the dispute and determine all legally significant circumstances. In this case, we are not talking about the cancellation of decisions made in accordance with judicial practice formed in earlier periods - here the cancellation is caused by an incomplete study of significant circumstances, which is natural for the Supreme Court.”

Lawyer, head of practice "Land. Real Estate. Construction" Law Firm "Intellectual Capital" Evgeniy Pugachev

“The definition is essentially correct. Although I would like its legal basis to be more detailed, and the analysis to include a larger number of legal norms in their systematic interpretation,” said lawyer, partner at Yablokov and Partners Law Firm, Ph.D. n. Elena Voronina. “The Supreme Court correctly pointed out that the appeal violated the rule on the distribution of the burden of proof. Based on clause 9 of Art. 4 of the law on participation in shared construction, relations arising from the shared participation agreement are also regulated by the law on the protection of consumer rights. This means that the burden of proving harm lies with the developer,” noted the head of the “Litigation and Bankruptcy” practice of Althaus Group, Ph.D. n. Andrey Bezhan. “Back in 2012, the Supreme Court noted in para. 1 clause 28 of Plenum Resolution No. 17: the burden of proving circumstances that exempt from liability for non-fulfillment or improper fulfillment of an obligation, including for causing harm, lies with the manufacturer,” added partner, lawyer at SILA international lawyers Ekaterina Yakovleva. “The developer must prove the proper quality of the shared construction project, and not only because he is a professional participant in civil circulation. An agreement for participation in shared construction is, in fact, the purchase and sale of a future item, and under such agreements, the burden of proving the proper quality of the product for which the warranty period is established lies with the seller,” said Sorokina, a senior lawyer in the Real Estate Department of Consult Law Firm, and partners Ekaterina Petrova.

*name and surname have been changed by the editors

Alina Mikhailova

Supreme Court of the Russian Federation