Renovating the interior is a little troublesome, but an exciting activity that allows you to change the environment and make it more modern and attractive.
Sometimes after repairs you can observe such a picture that small, and sometimes large cracks appear on the walls.
Many owners begin renovation work by finishing the walls. And this is where the first disappointments await: some time passes, and the surface becomes covered with small cracks. The reasons for their occurrence may vary, but the methods for eliminating them are the same.
Let's start in order, what types of construction defects occur:
Here we will list the most common defects, but do not be surprised if nothing on this list suits you; in fact, there are many more of them.
- Defects affecting the public area of the house, such as elevator shafts, fire escapes, building facades.
- Cracks in the walls, peeling of wallpaper and tiles, all this is a consequence of violation of SNiPs.
- Poorly assembled plumbing structures or incorrectly installed ones.
- Problems that arose when designing supply and exhaust ventilation (too cold or too hot in the room).
- Power outages caused by violations during electrical installation work
- Damage to doors, windows, window sills, sinks, toilets and other equipment, the installation of which is provided for by the terms of the contract.
Data of non-compliance with construction work standards, deviations from design and estimate documentation, technical or urban planning regulations may become the basis for filing a claim with your developer.
If after acceptance of the object (signing of the APP) these defects were discovered, then the developer is obliged to pay monetary compensation to the owner of this object. Naturally, the initiator of the procedure for collecting compensation should be the participant in the DDU. Do not forget that you can recover compensation for construction defects during the warranty period (2 years) from the moment you signed the document.
!!!Remember that the developer is obliged to provide you with an apartment in perfect condition under the contract, so never turn a blind eye to all the nuances that cause you questions and indignation.
Why is home shrinkage dangerous?
Shrinking a house is a natural process, but, unfortunately, it can bring a lot of trouble to the owners of a new apartment. House settlement is a slight subsidence of the structure under its own weight; usually such subsidence leads to a slight deformation of the building, and if the construction was carried out poorly, the deformation can be quite significant.
Does a new house always shrink?
It is a mistake to think that any building settles a little over time. This happens due to a violation of the foundation construction technology. As a rule, the heavier the structure of the building itself, the more it shrinks, since under its weight the elements are joined together, including the foundation. But, for example, a house built from expanded polystyrene concrete blocks does not shrink at all.
How to calculate what and how much compensation includes:
Directly the amount to eliminate the shortcomings themselves:
The apartment owner, with the help of a specialist, identifies the violations themselves, and then the cost of eliminating them is assessed. This estimate includes repair work, materials costs, workers' compensation, etc. Usually, if everything in your calculations is correct, then the court, when considering a claim for the recovery of monetary compensation from the developer, does not reduce this amount. Unless, of course, the Developer's representative files a petition to appoint a judicial construction and technical examination.
Penalty for violating the deadlines for eliminating defects , provided that the developer violated the deadline that was agreed upon with the DDU participant for eliminating the defects. Although here the court, according to Article 333 of the Civil Code of the Russian Federation, can reduce the penalty. The penalty is calculated based on the formula of 1% of the cost of eliminating defects for each day of delay in eliminating defects. The peculiarity is that each court has its own practice regarding the application of this article. Therefore, it is better to seek the help of a qualified lawyer.
Compensation is also collected for the services of specialists: an engineer for assessing defects, a lawyer, if you cooperated on an advance payment.
Compensation for moral damage. The courts usually reduce this amount and make decisions to collect compensation for moral damage in an amount not exceeding 10,000 rubles.
The average amount of total recovery per claim, from our experience, is 300,000 - 400,000 rubles. (the average cost of eliminating construction defects ranges from 7,000-14,000 rubles per square meter). The general range of collection amounts is from approximately 80,000 rubles. up to 1,000,000 rub.
Removing gouges and large defects
Often, gouges and other large defects can form at the junction of cracks. They must be processed as follows:
Before sealing cracks, you should thoroughly remove dust and dirt using a brush.
- the edges of the recesses are cut using a narrow spatula;
- use a brush to remove dust and putty particles;
- water is applied to the plaster;
- The recess is sealed across with putty, left until it sets, and re-processed with a lengthwise movement.
In this case, it is necessary to ensure that the solution adheres tightly to the plaster and does not fall out during subsequent finishing.
To seal large cracks and defects, experts recommend using a special foam putty with expanding properties. In appearance, this composition resembles a mousse, it is easy to apply and dries quickly. To apply foam putty to the surface of the walls, you will need to prepare a rubber spatula or other tool with a flexible elastic blade.
Which court should you go to, and what package of documents do you need to collect?
It is important to correctly determine the jurisdiction, because both the decision and the duration of your case will depend on this. Individuals, as a general rule, apply to the precincts of justices of the peace (if the claim is less than 100 thousand rubles) or to district courts, of course, taking into account the fact that they purchased the premises for personal use.
How to determine the court read here
Restoration of old slabs
Consisting of I-beams and concrete, “aged” floors rarely require repair or additional reinforcement - during their design, a fairly large margin of safety was created, several times exceeding the required level.
However, the metal components of the slab can be subject to corrosion in the event of prolonged leaks, resulting in transverse cracks. They do not pose any danger to human life or to the integrity of the structure. Longitudinal cracks are the result of mechanical influences, for example, punching holes during communications. These damages are eliminated by removing sections of structures and replacing them with monolithic ones made of reinforced concrete. In case of serious corrosion damage, a channel or a new drutaur is sometimes installed as a support.
Which company is better to choose?
Take a responsible approach to choosing the company where you will order the examination, because the amount of compensation you can receive also depends on their competence.
Firstly, the employee who will conduct the examination must comply with the requirements of the Federal Law of the Russian Federation dated May 31, 2001 No. 73-FZ “On state forensic activity in the Russian Federation” and other basic provisions for expert organizations. In addition, the specialist conducting the examination must be warned of criminal liability.
Secondly , pay attention or ask the expert about his education; a good expert must have a higher education in engineering and construction in a specialty that corresponds to the object that will be discussed in his conclusion (in our case, a residential building, an apartment).
The cost of construction and technical expertise starts from 11,000 rubles, but in practice it is very difficult to find such a service for exactly 11,000 rubles, so our ]“Silkin and partners”[/anchor] are ready to help you with this. When collaborating with us, we undertake the costs of construction and technical expertise; for detailed information, click here.
!!!Don’t forget that after carrying out a construction and technical examination until the end of the case, you should not try to eliminate the identified defects yourself, since during the trial the examination you performed can be double-checked and if there are gross discrepancies, then, unfortunately, you will will greatly complicate the progress of your case. But if you still had to eliminate certain defects yourself, always keep receipts for the work and purchased materials.
Repair of concrete and reinforced concrete structures using gunite
This is a method of applying a dense and durable cement-sand mixture under high pressure. The material fills all cracks, cavities, and chips. The protective coating strengthens the surface, protects it from negative influences, and extends the service life. Shotcrete is used to repair foundations, underground structures, and external surfaces of buildings.
Work can be carried out according to two schemes - dry and wet.
- Dry method . The cement-based dry mixture and water are supplied to the surface to be repaired through different flexible hoses. Pressure is created by compressed air produced by the compressor. The components are mixed in a nozzle and delivered to the surface to be repaired at a speed of 170 m/s. The advantages of this technology are the high density and strength of the resulting protective layer, the thickness of which can reach 60 mm, good performance, and the ability to process hard-to-reach areas from a long distance. Disadvantages - severe contamination of the work site, the need for additional coating of the repaired surface, high requirements for the operator’s qualifications.
- Wet technology . In this case, the ready-made repair mixture is supplied by a concrete pump. Pros: uniform composition, uniform distribution of layers, economical solution consumption. Finishing can be done immediately after shotcrete. The material that rebounds from the surface is suitable for other construction purposes. This method can be used even indoors, since the solution is supplied from a close distance.
When operating concrete and reinforced concrete structures, it is necessary to periodically inspect the surfaces, since eliminating small cracks is much easier, faster and cheaper than carrying out large-scale repairs involving specialists and complex construction equipment.
- Builder with 20 years of experience
- Expert
In 1998 he graduated from St. Petersburg State Polytechnic University, studied at the department of civil engineering and applied ecology.
Engaged in the development and implementation of measures to prevent the release of low-quality products.
Develops proposals for improving the production of concrete and mortars.
The application must include:
- Calculation of the claim price
- A copy of the power of attorney for the representative (if you are not the one protecting your rights)
- A copy of the receipt and list of attachments confirming the filing of the statement of claim to the Defendant
- A copy of the agreement for participation in shared construction
- Payment order confirming payment of the contract
- A copy of the report of identified comments
- Copy of the transfer deed
- Copy of the pre-trial claim
- Claim Tracking Report
- A copy of the postal receipt confirming the sending of the pre-trial claim to the Defendant.
- Copy of the Agreement with the expert organization LLC___
- Copy of expert opinion No____
- Copy of receipt for services No____
- Extract from the Unified State Register of Legal Entities regarding the Defendant.
The principle of reinforcing a floor slab with carbon fiber
Monolithic and hollow-core floor slabs experience bending load: at the bottom (ceiling) in tension, at the top (floor) in compression. For concrete and reinforced concrete structures, the maximum compressive load is tens of times greater than the maximum tensile load. But there are methods for creating pre-stress to reduce the compression force, which leads to an increase in the efficiency of measures to strengthen the slab from below in tension. To do this, use a bidirectional fabric (for example, CarbonWrap Fabric 450/1200), which is located along the long side of the slab with a certain step of several layers. After laying the web on top and “setting” the reinforcing layer, similar work is carried out from below, where a unidirectional web can be used (for example, CarbonWrap Tape-230/600).
How long does the trial last and how quickly after filing a claim will the application be accepted?
Within approximately five days from the date of receipt of the claim, the court will consider the issue of accepting the statement of claim and make a decision on accepting it for proceedings, returning the claim, or leaving it without progress. After accepting the statement of claim, the court sets a date for a conversation (preliminary court hearing). This takes from two weeks to a month. The trial must be completed before the expiration of two months from the date the application was accepted for proceedings, although practice shows that this period almost always increases. Typically, the trial, in only one court, takes place within 3 months. It is important to remember that the developer has the right to file a petition to appoint a forensic examination, then the court hearing will be postponed until the results are received.
But be on guard, when a developer requests a forensic examination, the developer may suggest or recommend an expert who will be loyal to him, which will not play into your hands. Such a specialist can calculate the cost of elimination below the market price. You yourself can offer the court an independent expert at your discretion.
There is also the option of appealing the court decision by the developer or the buyer himself, in which case the trial may drag on for another 3-5 months, since there will also be an appellate court. The court has the right to hold a preliminary hearing or proceed to consideration of the case on the merits at the first hearing.
But still, on average, cases of recovery of compensation for the cost of identified deficiencies take place, as a rule, in three court hearings (conversation - conversation (preliminary court hearing), the main meeting at which a forensic examination is appointed (if the defendant’s petition is filed), the final meeting - after forensic examination).
Shrinkage period of monolithic houses
When buying a private house or an apartment in a new multi-storey building, there is a desire to start interior decoration to your taste to create an interesting interior and comfort. However, many experts argue that this stage should not be carried out with expensive materials. The constructed building must go through a period of shrinkage, which overtakes absolutely any structure. This is due to the interaction of the environment with the physical and mechanical properties of structures.
After the stage is completed, you can begin interior decoration and it will pay off. If you do not pay due attention to this, then the money spent will not be beneficial. Finishing materials and surfaces may become unusable, as the monolithic house will experience internal deformations.
Different types of houses and accompanying external factors predetermine the expiration date of shrinkage and the period of time when final repairs of the premises can be carried out. When correct calculations and construction are carried out according to technology, the process takes place with minimal impact on the finishing coating.
After the construction of a new building, the foundation part must feel the load from the overlying walls, ceilings, and roof. And if the house is residential, then the load from furniture and other things increases. The main factors influencing the shrinkage of a monolithic brick house are:
- Ground water level.
- Type of foundation (strip, column, pile).
- Soil features.
On average, this process takes about 2-5 years, and the greater the weight of the building, the longer the adaptation period.
Features of the stage during monolithic construction
These structures are a load-bearing frame system with vertical columns. They provide rigidity and support to the entire structure, so the likelihood of cracks or deformations is minimal. If you doubt whether a monolithic house shrinks, you can say for sure that it does. However, in comparison with other types of buildings, its size is small, since there is a rigid spatial frame.
The monolith is created using high-strength reinforced concrete, and construction is carried out directly on the site. The use of this material makes it possible to create various structural elements, the architectural forms of which are very diverse. It is also worth noting a significant reduction in the consumption of reinforcement (about 8-20%) and concrete solution (up to 13%) despite the fact that energy costs increase (especially during construction in the winter season).
Such a house gives minimal shrinkage due to the fact that, in comparison with brick or prefabricated ones, the structure transfers a distributed load to the foundation. It occurs evenly over the entire area, and for residents, small deformations are almost invisible. Brick buildings are more susceptible to them, since they are heavier and are not able to transfer forces to the foundation in the same way. The solid frame of the monolith allows it to withstand soil subsidence if work was carried out on insufficiently hard layers.
What about transferring IL to the bank?
To receive the debt amount directly from the debtor’s account you need to:
Find out in which bank the debtor has an account ; if you have a writ of execution in your hands, you have the right to make a request to the tax office. The Federal Tax Service will provide you with the necessary information no later than within 7 working days - the name and location of the bank.
Prepare an application in which you indicate the full name of the creditor (investor), passport details, bank details for receiving the debt transfer, Taxpayer Identification Number, location of the legal entity, information about the debtor’s open accounts.
And the final stage is receiving the result of execution . There are cases, immediately after submitting the application, the bank transfers the debt to the account of the creditor, but this happens extremely rarely. Usually the bank conducts a check, but if the debtor’s account is zero, they will send you a response that the transfer is impossible.
Sample application to the bank for collection of funds under a writ of execution
What to do if the columns are overloaded
Strengthening floor slabs, beams, and crossbars using this method is quite controversial, and sometimes even ineffective. However, the method is quite suitable for strengthening overloaded centrally compressed columns in the presence of vertical cracks that coincide with the projection of the working reinforcing bars of the frame.
This is solved by spirally wrapping the column body in several layers, either with strands based on carbon fiber, or with strips of the same fabric, which increases the load-bearing capacity of the structure and stops the further development of defects.
Summarize:
I would like to advise you to always defend your rights, this is your right and your responsibility. Developers have been releasing a huge number of apartments with defects lately, but not everyone is suing, worrying about legal fees or failure. But this is a false judgment; with the correct consistent collection of documents, examinations and compliance with the deadlines for filing claims, all the advantages are on your side! For a detailed study of how to independently collect a penalty from a developer, read here
If for one reason or another you cannot or do not want to do this yourself, contact a team of specialists. Our company, Silkin and Partners, is happy to offer you our assistance; our specialists have extensive experience in cases of recovery of compensation for construction defects in a preschool facility.
When not to panic
In some cases, you can observe small cracks across the entire surface of the ceiling, similar to a thin spider web. Such damage indicates cracking of concrete as a result of shrinkage of the building without affecting the foundation. This category of cracks is not dangerous and can be solved by covering and finishing with building mixtures.
Before starting work, you should observe the defect. If the cracks increase, this indicates a defect in the ceiling.
