Independent Construction and Technical Expertise of a Building
Imagine: you flooded your upstairs neighbors. Or your contractor performed work poorly and refuses to acknowledge it. Or perhaps you bought an apartment and a year later discovered cracks the seller didn’t warn you about. In such situations, it’s your word against the other party’s. And the only way to prove your point is an independent construction and technical expertise.
What Is It and When Is It Needed?
Construction and technical expertise is an investigation of a real estate object by an independent expert that provides answers to legally significant questions. It is carried out both by court ruling and by application of the parties. Most often, it is resorted to in the following cases:
- Apartment flooding — determining the causes, extent of damage, and cost of restoration work.
- Substandard construction or repairs — checking compliance of performed work with state building codes, design documentation, and the contract.
- Cost disputes — determining the market, residual, or replacement value of the object for court.
- Determining technical condition — evaluating the building’s suitability for operation, establishing whether housing is habitable or uninhabitable.
- Property division — allocating a share in kind, determining the procedure for use.
How Does Expertise Differ from a Technical Conclusion?
A technical conclusion is a document describing the condition of structures at the time of inspection. Expertise is a procedural action that possesses legal force and can be utilized as evidence in court. The expert conducting independent expertise must be certified by the Ministry of Justice of Ukraine and entered into the unified Register of Certified Forensic Experts. Their conclusion is proper evidence in court. Learn how to correctly identify defects in the article about apartment defects from the developer.
How Is Independent Construction and Technical Expertise Conducted?
The process consists of several stages:
- Document collection. The expert studies project documentation, contracts, acts, photo and video materials.
- Visual inspection of the object. Logging all visible defects, damages, repair traces.
- Instrumental diagnostics. If necessary, a thermal imager, moisture meter, ultrasonic equipment are used — the same methods as during technical inspection. Read more about this in the article about apartment inspection with a thermal imager.
- Analysis and conclusion preparation. The expert prepares a written conclusion containing clear answers to posed questions.
What Advantages Does Independent Expertise Provide?
- Objectivity. The expert is independent of either party.
- Legal force. The conclusion is proper evidence in court.
- Professionalism. Experts possess special education, experience, and state certification.
- Speed. The timeframe for conducting expertise is from 2 working days to 1 month.
Who Should Order Expertise?
- Real estate owners who suffered from flooding, fire, or poor-quality repairs.
- Contractors and developers wanting to prove the quality of their work.
- Buyers and sellers having disputes regarding the value or condition of the object.
- Parties in legal disputes related to real estate.
Determining the technical condition of a building is the first step to obtaining objective information about the condition of your real estate. If the situation requires judicial proceedings, the next step will be independent construction and technical expertise.
Frequently Asked Questions (FAQ)
Can independent expertise be ordered without a court?
Yes, expertise can be conducted both by court ruling and by application of the parties. This is called pre-trial expertise. Its conclusion also possesses legal force.
How much does construction and technical expertise cost?
The cost depends on the complexity of the object, scope of research, and urgency. To receive an exact proposal, it is necessary to provide the expert with a description of the situation and documents.
How long is the expertise conclusion valid?
The conclusion is valid at the time of its compilation. If a significant amount of time has passed since the expertise or new events have occurred (e.g., shelling), a repeated study may be necessary.
Can the expertise conclusion be challenged?
Yes, if you disagree with the conclusion, you can order a repeated or additional expertise from another expert or institution.
What documents are required to order expertise?
The list depends on the type of expertise. Usually these are: title documents, project documentation, contracts, acts, photo and video materials, as well as access to the object.
