A 10-year warranty proposed for new homes in Ukraine

In Ukraine, they propose to establish a ten-year quality guarantee for new real estate objects after their commissioning. Owners will be able to demand elimination of construction defects discovered during this period or compensation for repair costs.

This is reported by the government portal.

To introduce the new mechanism, the Ministry of Regional Development proposes to amend the Civil Code, as well as the laws "On Regulation of Urban Planning Activities" and "On Protection of Consumer Rights".

The warranty period is planned to be set at 10 years from the date of commissioning of the completed construction object. The contract agreement may provide for a longer period.

The rules will apply not only to residential buildings, but also to other commissioned real estate objects. An exception is proposed for objects built on the basis of a construction passport, as well as objects with minor consequences of class CC1, if the works were carried out by economic method.

During the warranty period, the contractor will be responsible for defects of the performed construction works and installed structures, unless it proves that they arose not through its fault.

A separate mechanism is proposed for real estate owners. Responsibility for defects affecting the suitability of the building for operation will be borne by the construction customer or its legal successor.

If the owner discovers deficiencies within the ten-year period, he must notify the customer and provide a report on the inspection of the object. Such an inspection must be carried out by specialists with appropriate qualifications and certificates.

After receiving the application and the report, the customer will be given 30 calendar days to propose to the owner the scope, procedure and terms for eliminating the defects. Another option is to refuse the repair, but in that case it will be necessary to substantiate that the deficiencies arose not through its fault.

The owner will be given seven calendar days to approve the proposed conditions for eliminating the deficiencies. After that, the customer or its legal successor will be obliged to carry out the necessary works on the agreed terms.

If the customer refuses to eliminate confirmed defects, the owner may perform the repair independently or engage another company. In that case, the customer will have to fully compensate the costs of eliminating the deficiencies. Disputes are proposed to be resolved in court.

One of the key changes is that the guarantee is intended to be tied directly to the object and the date of its commissioning. Therefore, the protection should also extend to a person who became the owner of the real estate after the building was put into operation, as long as the established ten-year period has not yet expired.

Currently, Article 884 of the Civil Code already provides for a ten-year warranty period in relations between the customer and the contractor. The proposed amendments should more clearly define responsibility to the final owners of real estate and the procedure for eliminating defects they discover.