Builders ruined the apartment during renovation: how to get your money back and force the contractor to fix defects

Apartment renovation often becomes one of the most expensive investments for a homeowner. However, even significant expenses do not guarantee a quality result. In practice, many customers face situations where significant defects are discovered after the completion of work: unevenly laid tiles, cracks on the walls, electrical wiring problems, plumbing leaks, or the use of materials that do not comply with the agreements.

Equally common are cases when the contractor refuses to fix defects, return money, or completely stops responding. At the same time, the mere fact of poor-quality renovation does not mean the customer will be left without protection. Ukrainian legislation provides consumers with a number of mechanisms to restore their rights – from demanding free defect correction to contract termination and refund of paid funds. However, the possibility of successfully defending one’s interests largely depends on whether a contract was concluded, what evidence the customer has, and whether the violation was documented.

What rights does a consumer have in case of poor-quality renovation, when compensation can be demanded, how to act if the work was done without a written contract, and what judicial practice says about it – was analyzed by the "Judicial and Legal Newspaper".

What rights does the customer have if the renovation is done poorly

From a legal point of view, apartment renovation is considered a contract for household work. Such legal relations are governed by the provisions of the Civil Code of Ukraine, in particular Article 865. Under this contract, the contractor engaged in entrepreneurial activity undertakes to perform a specified scope of work to meet the household needs of the customer, and the customer undertakes to accept the result and pay for it.

If certain issues are not regulated by the Civil Code, the provisions of the Law of Ukraine "On Consumer Rights Protection" apply. This law defines what claims the customer can make in case of defects in the performed work.

What the consumer can demand

If the renovation was done poorly or in violation of agreements, the customer has the right to independently choose the way to protect their rights. Depending on the situation, they can demand:

• free correction of identified defects;
• proportional reduction of the cost of the performed work;
• repeated performance of the renovation;
• compensation for incurred damages;
• reimbursement of expenses if defects were fixed by themselves or with the involvement of another contractor.

The choice of which option to select is made by the consumer, not the contractor.

Why it is important to have written evidence

In practice, renovation is often ordered without a detailed written contract, agreeing only orally. However, in case of a dispute, documents become the main evidence. Therefore, it is advisable to keep: the contract or estimate, work completion certificates, receipts or bank payment confirmations, correspondence with the contractor, photos and videos of the work before, during, and after the renovation.

Even if there is no written contract, agreements can be confirmed by receipts, messages in messengers, or other evidence of actual work performed.

Demanding defect correction is possible not only during the renovation or immediately after its completion. If defects could not be detected during acceptance of the work, the law allows contacting the contractor within the warranty period specified in the contract. If such a period is not established, claims can be made within two years from the date of acceptance of the work.

If the defects are so significant that the premises cannot be used as intended, the customer has the right to refuse to accept the renovation result.

What damages can be recovered

The right to compensation for damages is guaranteed by Article 22 of the Civil Code of Ukraine. Compensation may include:

• costs of dismantling poorly performed renovation;
• cost of repeated renovation work;
• damaged materials or property;
• other necessary expenses incurred to restore the violated right.

In addition to actual damages, the law allows demanding compensation for lost profits – income the person could have received if their rights had not been violated. Usually, damages are fully compensated unless otherwise provided by the contract or law.

Is it necessary to first contact the contractor

Before filing a lawsuit, it is advisable to send a written claim to the contractor. It should describe all identified defects, refer to contract terms if concluded, specify a concrete demand (to fix defects, return money, or compensate damages), and set a deadline for voluntary fulfillment.

Such a document often helps resolve the conflict without court. Moreover, the contractor’s response can become important evidence in future court proceedings. If the claim is ignored or rejected, the customer has the right to go to court.

How court proceedings take place

A consumer rights protection claim can be filed at the plaintiff’s place of residence, the defendant’s location, or the place where the contract was performed. The claim is prepared according to the requirements of Articles 175–177 of the Civil Procedure Code of Ukraine.

At the same time, according to part three of Article 22 of the Law of Ukraine "On Consumer Rights Protection," consumers are exempt from paying court fees for claims related to protecting their rights.

In most disputes about poor-quality renovation, the court appoints a construction-technical or construction-merchandise expertise. The expert determines whether the performed work complies with building standards, whether defects resulted from improper work, the cost of their correction, and whether the scope or cost of renovation was unjustifiably inflated.

The expert’s conclusion often becomes key evidence in resolving the dispute.

What judicial practice shows

If a person suffered moral distress due to poor-quality renovation, was forced to live for a long time in unsuitable premises, or spent significant time and effort restoring their rights, they can claim compensation for moral damage. This right is provided by Articles 23 and 1167 of the Civil Code of Ukraine.

The court determines the amount of compensation individually, considering the nature of the violation, duration of suffering, behavior of the parties, and other circumstances of the case.

Ukrainian courts have repeatedly sided with customers if they proved that renovation defects were caused by the contractor. With proper evidence, courts order contractors to cover the cost of defect correction, compensate material damages, and in some cases – moral damages.

A notable case is No. 667/8832/14-ts, where the court recognized claims for moral damage compensation due to improper renovation as justified. The court stated that the contractor is responsible for defects found within the warranty period unless they prove the defects resulted from: natural wear of the object or its parts; improper use or incorrect instructions developed by the customer or third parties involved by them; improper repair performed by the customer or third parties involved by them (part 2 of Article 884 of the Civil Code of Ukraine).

Article 860 of the Civil Code of Ukraine establishes that the warranty period starts from the moment the work was accepted or should have been accepted by the customer, unless otherwise provided by the contract. According to Article 859 of the Civil Code, the quality guarantee covers everything that constitutes the result of the work unless otherwise provided by the contract.

In such disputes, courts regularly rely on construction-technical expertise results, as it allows establishing the cause of defects, their scale, and cost of correction.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages on Facebook and Instagram to stay informed about the most important events.