Complaint about renovation: template and deadlines

Which law applies to renovation

When a private individual has a renovation done by a company, Chapter 8 of the Consumer Protection Act applies, titled Certain consumer service contracts. The chapter provides, among other things, for notice of defects and the right to withhold payment.

Consumer protection does not apply to every situation. According to the Consumer Disputes Board, it does not handle a matter, for example, when the order was placed in the name of a company or a housing company, when the work was done by another private individual, or when the person who did the work was hired as an employee.

When is there a defect in a renovation

According to KKV, a service has a defect, for example, when:

the work differs in content, method or result from what was agreed
the work has not been done professionally and with care
the durability of the work or materials does not correspond to normal good quality
the work does not comply with laws or official regulations, such as electrical or fire safety regulations
the work does not match the information given in advance
the contractor has not advised or told you in good time that the repair is not worthwhile or is uncertain

Notify within a reasonable time

A defect must be reported to the contractor within a reasonable time after it was discovered or should have been discovered. The law sets no fixed date, so act immediately. The FCCA warns that if you delay reporting the problem, you may lose your right to make claims.

First contact the company. If it does not respond, send a written complaint describing the fault and stating your demand. Attach evidence, such as photos, the contract and emails. A written message, such as an email, leaves you with a copy.

What you can demand

According to KKV, the contractor has the right to correct their own defect. If the repair is not successful or is not carried out within a reasonable time, you can demand a price reduction, which must correspond to the significance of the defect. Cancelling the contract is the last resort when the defect is not minor. You can also claim compensation for damage caused by the defect, but distress and annoyance are not compensable damage under the Consumer Protection Act.

You may withhold the portion of the payment corresponding to the defect until it has been corrected. According to the FCCA, the amount withheld should correspond to the share of the invoice affected by the defect, and the whole contract price cannot usually be withheld. Withholding too much can lead to default interest and collection costs.

Also check the terms of the contract. The general consumer contract terms for the construction sector, drawn up by industry organisations and approved by the Consumer Ombudsman, were renewed in 2023: RYS-9 is intended for contracts over €10 000 and REYS-8 for smaller ones. The terms are binding only if they have been agreed.

Template: complaint to a contractor

Template – copy and edit

Subject: Complaint – [renovation site and address], contract [date]

Hello,

you carried out [renovation description] at [site, address] in accordance with our agreement [date / quote no.]. The work was completed [date].

I have noticed the following defects in the work [date]:

1. [description of the defect, its location and how it appears]

2. [second defect]

The defects deviate from what was agreed because [grounds, e.g. contract clause, material or the requirement of professional workmanship]. Attached are photographs, the contract and our earlier correspondence.

I demand that you correct the defects free of charge no later than [date, reasonable deadline]. If the correction is not made by the deadline, I demand [a price reduction / compensation for the costs caused by the defect, amount and grounds].

I am withholding [amount] euros from the invoice, which corresponds to my estimate of the share attributable to the defects, until the defects have been rectified. I will pay the rest of the invoice by the due date.

I request a written reply by [date].

Kind regards

Maija Meikäläinen

[address], [phone], [email]

If the contractor does not rectify

If a complaint and negotiations do not produce a result, contact the KKV consumer advisory service. According to the Consumer Disputes Board, a complaint must first be made to the company, and the board may decline to handle the matter if consumer advisory services have not been used. Handling by the board is free of charge. The board's recommendation does not bind the parties in the same way as a court judgment.

Ready-made templates for different situations can be found in the paid Complaint and compensation claim templates package at Tutkat.fi, but the template above is enough for most renovation defects.

Frequently asked questions

How long can you complain about a defect in renovation work?

A defect must be reported within a reasonable time after it was discovered or should have been discovered. There is no fixed date, so report it immediately and in writing.

Can I refuse to pay an invoice if the work has a defect?

You may withhold an amount corresponding to the defect. The whole contract price cannot usually be withheld, and withholding too much can result in default interest and collection costs.

Does the Consumer Disputes Board handle housing company renovations?

Not if the order was placed in the name of the housing company or a business. The board handles disputes between a private person and a business.

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Sources

The article is general information and does not replace the guidance of an authority, a lawyer or an adviser. Check up-to-date information from the sources.

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