Making a written defect claim to the builder: how to do it correctly and on time

When a construction defect is discovered in a new housing company, it is not put right by a phone call alone. What is needed is a written defect claim — a formal notice of defect to the builder (in Finnish, a reklamaatio). This guide explains what such a claim is, how to make one correctly, and the single most important deadline of the whole warranty period: the three-year renewal rule.

What is a written defect claim?

A defect claim is a formal notice by which the housing company brings the defects it has observed to the builder’s attention and demands that they be repaired. The legal basis is usually Chapter 4, section 14 of the Housing Transactions Act (843/1994): a dwelling is defective if it does not conform to what can be considered agreed — for example the plans, the building regulations or good construction practice.

A verbal complaint is not enough. Only a written, documented claim creates a chain of evidence that can be relied upon later.

The structure of a good claim

A workable claim always contains these elements:

Recipient and sender — the builder, and the housing company together with its contact person.
The defects observed — a list in which every defect is itemised: location, description and, ideally, a photograph.
The legal basis — for example Chapter 4, section 14 of the Housing Transactions Act, together with the regulation relating to the defect (such as YMa 782/2017 for waterproofing or YMa 848/2017 for fire safety).
The demand — a clear demand that the defects be repaired at the builder’s expense and in accordance with good construction practice.
A deadline for response — a request for a written reply and a repair schedule, typically within 14 days.
The consequences — a note that the housing company reserves the right to take the matter to the Consumer Disputes Board (KRIL) and, where necessary, to the District Court if the builder does not respond.

Tip: classify the defects by severity. Fire-safety and water-damage risks are urgent; cosmetic shortcomings can wait, but they too should be recorded.

The structure of a claim — an example

Below is a short, pared-down outline of how an itemised defect entry might look in a claim. The aim is that every defect is described so precisely that there is no room for doubt about its existence or location:

Defect claim — Asunto Oy Esimerkki, [date]

Defect 1. Around the floor drain in the bathroom, apartment A3. Observed at the annual inspection on [date]: the waterproofing does not rise to the edge of the drain flange, and there is loose sealant around the drain. Basis: good construction practice and the regulation on the waterproofing of wet rooms (YMa 782/2017). Demand: repair of the waterproofing in accordance with good construction practice, at the builder’s expense. Attachment: photographs 1–3.

Defect 2. The fire door of the stairwell, ground floor. The door does not close by itself, so the fire compartmentation does not work. Basis: fire-safety regulation (YMa 848/2017). Demand: adjustment or replacement of the door closer. Attachment: video.

Common demand: a written reply and a repair schedule within 14 days. If no reply is received, the housing company reserves the right to take the matter to KRIL or the District Court.

When every item is itemised to this level, it is hard for the builder to claim that the defect was not described in sufficient detail — and the same outline transfers directly as an attachment to a KRIL application if the dispute escalates. Good documentation of the construction defect, with photographs and measurements, is the foundation of this outline.

In the example outline the defects are also ordered by severity: fire-safety and water-damage risks first, cosmetic shortcomings later. This is not mere formality — when the claim makes clear which defects are urgent, it is harder for the builder to delay precisely their repair. For the urgent items it is worth requesting a shorter response time and stating clearly what risk follows from any delay (for example moisture spreading into the structures). The cosmetic shortcomings are nonetheless recorded in the same claim, so that they too remain part of the chain of demands and are not forgotten.

When should a claim be made?

As soon as the defect is discovered. Especially during the warranty period (generally two years from completion), when the burden of proof rests with the builder. After the warranty period, the ten-year liability (calculated from the transfer of administration) covers only serious hidden defects, and the burden of proof shifts to the housing company. This boundary is explained in more detail in the article on the warranty period and ten-year liability.
At the annual inspection at the latest, every visible defect that can be observed at that point must be recorded — demonstrating later that they date from the warranty period becomes more difficult. Work through these items systematically with the annual inspection checklist. The warranty period nonetheless continues, generally for two years from completion, and a claim about new or latent defects can be made throughout that time.
About hidden defects, immediately once they come to light — delay may lead to the loss of the right. A hidden defect in a home is a special case of its own, where liability can extend well beyond the warranty period.

The stages and deadlines of making a claim

Different stages involve different logic for making a claim. The table below summarises the main idea — the exact periods depend on the contract and the circumstances, so verify them with a lawyer:

Stage	What is done	Why it matters
As soon as the defect is observed	Written defect claim to the builder	During the warranty period the burden of proof rests with the builder
Annual inspection (approx. 12–15 months from completion)	All visible defects onto the defect and snag list	The last easy window to record visible defects
Before three years have elapsed	Renewal of an open claim	Prevents the claim from becoming time-barred (Act on the Limitation of Debts)
Ten-year liability (from the transfer of administration)	Claim about a serious hidden defect	Covers only serious hidden defects; the burden of proof rests with the housing company

The crux of the table is that making a claim is not a one-off event but a chain, in which each stage builds on the previous one. A single missed deadline can break the chain, even where the defect itself is indisputable.

The most important rule: renew the claim every three years

This is the most critical deadline of the whole warranty period, and precisely the one that is most easily overlooked:

An open claim usually becomes time-barred after about three years unless it is renewed (under the general rule of the Act on the Limitation of Debts; verify the period that applies to your situation with a lawyer).

If the builder does not repair the defect, or the matter remains in dispute, the housing company must renew the claim before three years have elapsed. Renewal is done by sending the builder a new letter that refers to the original claim, states that the demand remains in force, and attaches any new evidence.

If the renewal is not made, the right to demand repair may lapse — this risk is real, even where the defect itself is indisputable. The building’s ten-year liability period (from the transfer of administration) continues in the background as regards serious hidden defects, but an individual claim remains in force only while it is kept active. Many factors affect the exact limitation periods — verify them with a lawyer.

How to keep claims in force

Mark the renewal deadline for every open claim in the calendar.
Keep the original claim and all the builder’s replies as evidence.
Document every warranty repair: a photograph before, during and after — and confirm completion with your own inspection.

VAREK helps you track these deadlines and reminds you in good time before the three years run out — and helps you draft the renewal letter from a ready-made template. The system does not, however, replace legal advice — always check critical deadlines with an expert.

The most common mistakes in a defect claim

A claim usually loses its force for the same recurring reasons. It is worth recognising these pitfalls in advance:

Verbal agreement. “The builder promised to repair it” is not evidence in a dispute. All demands and replies must be kept in writing and time-stamped.
An overly vague description of the defect. “There are problems in the bathrooms” does not itemise the defect. Every item must be described with its location, the observation and the basis, as in the example outline above.
Forgetting to renew. An open claim usually becomes time-barred after about three years unless it is renewed. This is the single most common mistake — the demand lapses, even where the defect is indisputable.
Signing off a repair as final too soon. If the builder makes a surface repair and the housing company signs it off as complete, later demands about the same fault may become more difficult. Confirm the adequacy of the repair before signing off, with an independent expert if necessary.
Failing to record visible defects at the annual inspection. Demonstrating later that they date from the warranty period becomes more difficult. Use the annual inspection checklist so that nothing is missed.

Most of these arise from haste, or from no one on the board being responsible for the whole. A systematic approach and a clear division of responsibility eliminate most of them.

If the builder does not respond

If the builder ignores the deadline or refuses to carry out the repair:

An individual shareholder can take a defect in their own home to the Consumer Disputes Board (KRIL) as a consumer. The housing company itself is not in a consumer position, so it must use the District Court or a mediation procedure where necessary.
In some cases the housing company can have the repairs carried out by an outside party and recover the costs from the builder.

Before these steps, it is worth confirming once more that the limitation period has not been allowed to lapse and that all the evidence is in order. KRIL and the District Court decide the matter on the documents the housing company is able to produce — which is why the claims, the replies and the photographs must already be in order before the dispute reaches this stage. At every one of these stages, a well-documented, timely and regularly renewed claim is the housing company’s best asset.

Compile your claim effortlessly

Drafting a claim by hand is laborious — gathering the defects, finding the correct regulation and formatting the letter all take time. VAREK assembles defect reports into a ready-made claim, suggests the correct legal basis according to the type of defect, and tracks deadlines automatically.

This is a general guidance article, not legal advice. The exact deadlines and procedures for defect claims depend on the contract and the circumstances — verify them with a lawyer or a qualified expert as necessary.

Frequently asked questions

Is a verbal complaint to the builder enough?

No. Only a written, documented claim creates a chain of evidence that can be relied upon later. A verbal complaint is easily left unproven if the builder subsequently denies that the matter was ever raised.

How often must an open claim be renewed?

Under the general rule of the Act on the Limitation of Debts, an open claim usually becomes time-barred after about three years unless it is renewed. In practice the claim should be renewed in writing before three years have elapsed. The exact limitation period depends on the circumstances — verify it with a lawyer.

What must a defect claim contain?

The recipient and the sender, an itemised list of the defects observed (location, description, photograph), the legal basis (for example Chapter 4, section 14 of the Housing Transactions Act), a clear demand for repair, a deadline for response and a note on the consequences. Each defect is itemised separately.

By when must construction defects be reported at the latest?

At the annual inspection at the latest, record every visible defect that can be observed at that point, because demonstrating later that they date from the warranty period becomes more difficult. Hidden defects must be reported as soon as they come to light. Verify the deadlines for your own property with a lawyer if necessary.

Can a housing company take a construction defect to the Consumer Disputes Board?

An individual shareholder can take a defect in their own home to the Consumer Disputes Board (KRIL) as a consumer. The housing company itself is not in a consumer position, so it must use the District Court or a mediation procedure where necessary. KRIL only issues non-binding recommendations. Check your own situation with consumer advice services or a lawyer.