Developers were exempted from sanctions in case of delay in delivery of houses: what is the reason

The moratorium was in effect during the pandemic, but now it has been introduced again

On March 22, a government decree dated March 18, 2024 was published on a moratorium on the collection of penalties from developers, as was the case during the pandemic. Lawyers working on the topic of construction are sounding the alarm. The significance of the MK resolution was discussed with experts.

In accordance with the new document, penalties for late delivery of objects are not accrued for the period from March 18, 2024 to December 31, 2024. Payments under writs of execution are suspended. This means that developers will now have the right to deliver houses with delays without any sanctions.

In accordance with the law, if a developer rents out an apartment with a delay, he is obliged to pay a penalty to the shareholder for each day of delay. However, on March 22, 2024, the Government of the Russian Federation published a Resolution introducing a moratorium on the collection of penalties and other sanctions from developers in 2024 (Resolution of the Government of the Russian Federation dated March 18, 2024 No. 326).

“If earlier the decision to support developers was caused by restrictions caused by COVID-19, now the official reasons for introducing the resolution have not been given,” says lawyer Olga Abrikosova. – There is no clarity on how developers will behave in a situation where delivery of houses with delays will again not be punishable by any sanctions.

According to her, in fact, at the moment, equity holders are in a very vulnerable position; for some, an apartment in a building under construction is their only home; many have mortgages…

“I myself am a shareholder,” the expert continues. – In the summer, my apartment should be rented out to one of the residential complexes in Krasnogorsk. Therefore, I view this situation not only as a lawyer, but also as a shareholder.

What does the introduction of a moratorium mean for people who are shareholders? If the developer delivers the property late, then no penalty will be charged for the period from March 18, 2024 to December 31, 2024. In addition, the amount of penalties that will be collected from the developer in cases where the period of delay is not covered by the moratorium will be much lower than now.

As lawyers say, the calculation of penalties for the period from July 1, 2023 to December 31, 2024 will be made at the key rate of the Central Bank as of July 1, 2023 (which is only 7.5%). Thus, very small amounts of penalties will be collected during this period.

– And if a court decision has already been made, how will it be enforced?

– Based on court decisions made but not yet executed, the developer receives a deferment. Enforcement documents will not be executed by banks and other credit institutions until December 31, 2024. Shareholders will be able to receive compensation only after the new year and only if the moratorium is not extended.

– Will the court help in this case?

– Yes, in cases where the delay occurred before March 18, 2024 or falls after December 31, 2024, you should not refuse to go to court. This is not the first experience of introducing a moratorium on the collection of penalties from developers in recent years. Therefore, they have already learned how to work with moratoriums in court.

In practice, this looks like this: for example, the transfer of keys under the contract was scheduled for January 1, 2024, but in fact the apartment will be transferred only on February 1, 2025. In this case, when calculating the penalty, we subtract the period starting from March 18, 2024 to December 31, 2024 and, accordingly, we receive compensation not for 13 months, but only for 3.5 months. For the remaining months of delay, the equity holder will not be able to receive a penalty.

According to experts, this resolution was caused by massive claims from shareholders to collect penalties. I would like to believe that all these measures, albeit to the detriment of shareholders, will help developers complete construction and commissioning of objects in this difficult and unstable time for the country. After all, globally this is being done so that developers do not go bankrupt and rent out houses…