{"id":8566,"date":"2025-06-02T01:21:40","date_gmt":"2025-06-01T23:21:40","guid":{"rendered":"https:\/\/dreamdim.ua\/uk\/?p=8566"},"modified":"2025-08-10T04:45:00","modified_gmt":"2025-08-10T02:45:00","slug":"warranty-period-for-buildings-completed-under-construction","status":"publish","type":"post","link":"https:\/\/dreamdim.ua\/en\/warranty-period-for-buildings-completed-under-construction\/","title":{"rendered":"Warranty Period for Buildings Completed Under Construction"},"content":{"rendered":"\n
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The Ministry for Communities and Territories Development of Ukraine has developed and submitted to the State Regulatory Service (DRS) for approval the Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Establishment of a Warranty Period for Completed Construction Projects That Have Been Officially Commissioned.”<\/p>\n\n\n\n

The draft law was developed pursuant to the third paragraph of subclause 1 of clause 5, Section IX “Final and Transitional Provisions” of the Law of Ukraine No. 3153-IX of June 10, 2023, “On Consumer Rights Protection” to ensure the protection of consumer rights in the event of latent construction defects discovered within the 10-year warranty period.<\/p>\n\n\n\n

Current Legal Regulation<\/strong><\/p>\n\n\n\n

According to Article 884 of the Civil Code of Ukraine, the contractor guarantees that the construction object will meet the parameters defined in the design and estimate documentation and will be suitable for use in accordance with the contract during the warranty period. The warranty period is ten years from the date of acceptance of the object by the customer, unless a longer period is provided by the contract or the law.<\/p>\n\n\n\n

In addition, Cabinet of Ministers Resolution No. 668 dated August 1, 2005<\/a>, stipulates that the warranty terms for the quality of completed works are an essential condition of the construction contract and must not be less than ten years.<\/p>\n\n\n\n

According to parts one and four of Article 884 of the Civil Code, the contractor guarantees that the construction object will achieve the parameters specified in the design documentation and will be suitable for operation under the terms of the contract throughout the warranty period, unless otherwise specified in the construction contract. The warranty period is ten years from the date the object is accepted by the customer, unless a longer period is established by the contract or by law. If defects are discovered during the warranty period, the customer must notify the contractor within a reasonable time after discovering them.<\/p>\n\n\n\n

Article 1 of the Law of Ukraine of June 10, 2023, No. 3153-IX “On Consumer Protection”<\/strong> (enters into force one year after its publication, but not earlier than the day of termination or cancellation of martial law introduced by the Decree of the President of Ukraine No. 64\/2022 of February 24, 2022, \u201cOn the Introduction of Martial Law in Ukraine,\u201d and approved by the Law of Ukraine No. 2102-IX of February 24, 2022) defines a defect<\/strong> as any non-compliance of a product with legislative requirements, terms of the contract, or information provided by the business entity about the product, or the presence of a defect in the product as defined by the Law of Ukraine \u201cOn Liability for Damage Caused by a Defective Product,\u201d confirmed by diagnostics performed by the business entity or by an independent expert examination (research) of the product.<\/p>\n\n\n\n

Product<\/strong> means any goods, work (service) produced, performed, or provided to the consumer, including food products.<\/p>\n\n\n\n

Article 1 of the Law of Ukraine \u201cOn Liability for Damage Caused by a Defective Product\u201d (hereinafter \u2014 the Law) defines damage<\/strong> as injury, other health impairment, or death of a person, or damage or destruction of any property (except the defective product itself) caused by a product defect.<\/p>\n\n\n\n

Product<\/strong> is defined as any movable property, including finished goods, raw materials, and components, including items that are part of other movable or immovable property.<\/p>\n\n\n\n

This Law regulates the relationships regarding liability for damage caused to the victim by a defective product placed on the market in Ukraine. For matters not regulated by this Law, the provisions of civil, procedural law and consumer protection legislation apply.<\/p>\n\n\n\n

This Law does not limit any rights of the injured party under contractual or non-contractual obligations that establish liability different from that defined by this Law \u2014 including the right to compensation for moral damage or compensation in specific areas of civil relations in accordance with the applicable law (Article 2 of the Law).<\/p>\n\n\n\n

Article 6<\/strong> of the [Law of Ukraine on Liability for Damage Caused by a Defective Product] stipulates that the injured party must prove:<\/p>\n\n\n\n