In March 2019. S.B. is involved in the construction of a new building, the deadline for completion of which is in March 2021. After April 2021. the construction company '' ENE .... '' transfers a separate site / apartment № 1 / with a notary deed for purchase and sale in the newly built building, in May 2021. in the apartment there were shortcomings from the poor quality construction works / expressed in the course of a gutter on the roof, as a result of which stains, mold and mildew were formed on the inside of the site /. S.B. sought compensation for the damages caused to him, through the court, both for property and for non-property, together with the legal interest on the principal. The company ENE ..... was sentenced to pay the damages and the damage caused in the case by S.B. expenses.
Important!
MINIMUM WARRANTY PERIODS FOR COMPLETED CONSTRUCTION AND ASSEMBLY WORKS, FACILITIES AND CONSTRUCTION SITES
(1) In order to ensure the normal functioning and use of the completed construction sites and to eliminate the hidden defects after their acceptance and commissioning (use), minimum warranty periods shall be determined for performed construction and installation works, facilities and construction sites.
(2) The warranty terms for performed construction and installation works, facilities and construction sites shall be determined by the contract between the assignor and the contractor for the respective construction site and they may not be less than the minimum terms specified in this ordinance.
(3) The warranty periods shall start to run from the day of putting the construction site into operation (issuing a permit for use or a certificate for putting into operation).
(4) The minimum warranty periods of completed construction and installation works, facilities and construction sites are:
1. for all types of newly completed building constructions of buildings and facilities, including for the ground base under them - 10 years;
2. for overhaul and reconstruction of existing building constructions of buildings and facilities, including for the ground base under them and for restored building constructions of buildings and facilities, which have suffered accidents - 8 years;
3. for waterproofing, thermal insulation, sound insulation and anti-corrosion works of buildings and facilities in non-aggressive environment - 7 years; in aggressive environment - 5 years;
4. for all types of construction, installation and finishing works (floor and wall coverings, tinsmiths, ironworkers, carpenters, etc.), with the exception of the works under items 1, 2 and 3 - 5 years;
5. for internal installations of buildings - 7 years; for major repairs and reconstruction - 5 years;
6. for completed installation of machines, equipment, installations on industrial sites, control and measuring systems and automation - 5 years;
7. for treatment facilities and landfills for solid household waste - 7 years;
8. for transmission and distribution lines (networks) and facilities to them of the technical infrastructure - 10 years;
9. for motorways and expressways - 7 years; for republican roads of I and II class - 5 years; for republican roads III class - 4 years; for major repairs and reconstruction of all roads of the national road network - 3 years; for other roads and streets - 3 years; for major repairs and reconstruction - 2 years;
10. for facilities for motorways, roads and streets - 12 years; for major repairs and reconstruction - 6 years;
11. for railways and railway lines - 13 years; for major repairs and reconstruction - 10 years;
12. for facilities for railways and railway lines - 13 years; for major repairs and reconstruction - 8 years;
13. for airfields - 13 years; for major repairs and reconstruction - 10 years;
14. for runway facilities - 13 years; for major repairs and reconstruction - 8 years;
15. for hydropower, hydro-ameliorative, water supply facilities and systems - 10 years; for major repairs and reconstruction - 8 years;
16. for port and shore protection facilities and systems - 10 years; for major repairs and reconstruction - 8 years.
(5) The ones defined in para. 4 minimum warranty periods do not apply to technological equipment - machinery and / or equipment, which are the subject of a commercial transaction and have a warranty card. They are subject to the warranty period of the manufacturer or his authorized representative, who are responsible for placing them on the market in accordance with the provisions of the Consumer Protection Act to determine warranty liability, and for the builder who installed them - the warranty period of the site, where it is mounted.
When hidden defects of the construction site appear during the warranty period after the commissioning (use) of the construction site, the disputes in case of disagreement shall be resolved in court.