Publication date: 11.07.2024
Consumer protection in the construction industry
The construction industry is an important component of the economy, which directly affects the quality of life of citizens and the development of infrastructure. With this in mind, consumer protection in construction is an extremely important issue. Consumers of construction services have the right to safe and high-quality housing, compliance with contractual terms and conditions, and appropriate response to complaints and claims. In this article, we will consider the main aspects of consumer protection in the construction sector, the regulatory framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the construction sector in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of developers and the procedure for handling consumer complaints.
TheLaw of Ukraine "On Regulation of Urban Development":
- Defines the legal and organisational framework for urban development activities, establishes requirements for planning and development of territories, the procedure for obtaining permits in the field of construction and liability for violations of legislation in this area.
TheLaw of Ukraine "On Construction Standards":
- Regulates the establishment, development and application of construction norms, standards and rules that ensure the safety, reliability and efficiency of construction works.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and developers, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of the legislation on construction services, non-compliance with standards and rules of activity in the construction market.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the construction sector, including fraud, misleading consumers and other offences.
State Construction Norms of Ukraine (SCN):
- A set of regulatory documents governing technical requirements for building structures, materials, technologies and processes.
Basic consumer rights in the construction sector
The basic rights of consumers in the construction sector as defined by Ukrainian law include:
Theright to accurate information:
- Consumers have the right to receive reliable, complete and understandable information about construction services, contractual terms, tariffs, materials and technologies.
Right to safety:
- Consumers have the right to safe construction services and products that do not pose a threat to their life and health, as well as to construction works that comply with state standards and regulations.
Theright to choose:
- Consumers have the right to freely choose construction services, without pressure or coercion from developers.
Theright to protection from unfair advertising:
- Consumers have the right to be protected from advertising that contains false or incomplete information, is misleading or violates ethical standards.
Theright to compensation for damages:
- Consumers have the right to compensation for damages in the event of material or moral damage caused by the improper provision of construction services.
Theright to apply to courts and other consumer protection bodies:
- Consumers have the right to apply to courts, consumer protection authorities and human rights organisations to protect their rights.
Mechanisms for consumer protection
Ukrainian legislation provides for several mechanisms for consumer protection in the construction sector:
Appeal to the developer:
- In the event of violations of their rights, consumers have the right to contact the developer directly with a request to eliminate violations, clarify the terms of the contract, provide additional information or compensate for damages.
Appealto the state architectural and construction control authorities:
- Consumers can file a complaint with the state architectural and construction control authorities, which oversee the activities of developers, review complaints and apply enforcement measures in case of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and obligations of the developer to remedy the violations.
Contacting theState Service of Ukraine for Consumer Protection:
- Consumers may apply to this authority to review complaints and conduct inspections of developers' activities in relation to consumer rights.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and developers, including mediation, arbitration and other forms of alternative dispute resolution.
Recourseto human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure for appealing against violations of consumer rights
In case of violation of consumer rights in the construction sector, consumers have the right to appeal against such violations in accordance with the established procedure:
Appealto the developer:
- The first step is to address the developer with a request to eliminate the violations. The appeal may be submitted in writing, stating the circumstances of the violation, the consumer's requirements and evidence (contracts, correspondence, photos, etc.).
Filing acomplaint with the state architectural and construction control authorities:
- If the appeal to the developer has not yielded any results, the consumer may file a complaint with the state architectural and construction control authorities. The complaint must contain a detailed description of the violation, evidence and the consumer's demands.
Appeal to the court:
- If the complaint is not resolved, the consumer has the right to go to court. The court considers the claim, hears the parties, evaluates the evidence and makes a decision on the protection of consumer rights. The court may order the developer to remedy the violation, compensate for damages, compensate for non-pecuniary damage, etc. So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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