Collection of penalties from the developer for equity participation

Many people prefer to purchase apartments in unfinished buildings. This gives them the opportunity to get housing at reasonable prices, in the optimal area and with the desired layout. To do this, a DDU (share participation agreement) is drawn up between the buyer and the developer. It specifies the price of the object, its completion date and other important parameters. If the terms or other conditions of the contract are violated, a penalty will be charged to the developer. Therefore, every person who becomes a participant in construction must understand the rules for collecting this amount.

Legislative regulation

Back in 2005, a special law, Federal Law No. 214, was adopted, regulating the rules for the participation of citizens in shared-equity construction of high-rise buildings. Much attention in this legislative act is paid specifically to the preparation of the DDU, as well as to the information that should be contained in this agreement.

Main provisions of the law:

• A mandatory condition for purchasing real estate in a facility under construction is the formation of a DDU; therefore, the shareholder is not allowed to sign any other agreements, even if the developer insists on it.
• Other contracts are not subject to the rules specified in Federal Law No. 214.
• If the rights of citizens are violated, they can collect a penalty from the developer.
• When calculating this payment, information from the contract itself or the refinancing rate established at the time of the violation on the part of the developer may be used.

A mandatory point is that the DDU must be drawn up exclusively in writing. Its registration with Rosreestr is mandatory.

Penalty under DDU

Pre-trial procedure for resolving a dispute with the developer of the residential complex "__" 5. Documents confirming additional losses (lease or rental agreement for residential premises with payments or receipts). with the nearest metro station, namely Example 1. The penalty was collected in favor of the shareholder. It is also worth remembering that modern lawyers charge very decent money for their services, and they also download statements of claim from the Internet. Therefore, it is often easier to resolve the issue yourself than to feed “legally literate” slackers and swindlers. . Services for protecting the rights of clients: for penalties for DDU and at the metro, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

What should be included in the contract

Each person planning to participate in the construction of an apartment building should carefully study the agreement drawn up with the developer to make sure that it contains all the necessary provisions relating to the purchased housing. Many companies can use a variety of tricks with the help of which it will be impossible to collect a penalty from the developer, regardless of what violations he has committed.

The agreement must contain the following information:

• Accurate information about the future house and each apartment (its area, address, number of floors and other parameters).
• The date on which the building should be put into operation.
• Cost of the apartment.
• The procedure on the basis of which money must be paid by the shareholder for his future housing.
• Warranty period for the apartment.
• The methods by which the developer will fulfill its obligations under this agreement.

If at least one of the above conditions is missing, then this is grounds for declaring such an agreement invalid, and there is already similar judicial practice. The developer pays a penalty if standard conditions are violated. Most often this is due to the fact that the property is not delivered on time.

The agreement may specify the amount of this payment, and if for some reason it is missing, then you will have to use the refinancing rate at a specific point in time for calculation.

Collection of penalties under a share participation agreement

6. Other legal expenses with the nearest metro station, namely the preparation by the shareholder of an official paper. The demand itself is drawn up in simple written form, which indicates the circumstances of the formation of the penalty, and also provides a calculation of its amount. The request can also be accompanied by copies of documents (an agreement indicating the deadline for the delivery of the object, as well as an apartment acceptance certificate), the content of which shows that the developer is late in fulfilling his obligation. . Services for protecting the rights of clients: for the collection of penalties under an equity participation agreement and at the metro, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro. Reference. Warranty period To receive a 50% fine in your favor, you must write a claim to the developer. Since September 2012, the practice has changed, and the fine can be recovered in favor of the consumer. with the nearest metro station, namely: After you have drawn up a statement of claim, you must take it with all the documents to the court office, where a specialist will receive them and specifically determine your further actions. If the claim is drawn up correctly, the judge who accepted the case will set the date and time of the court hearing in the case. During the process, you will have to independently prove your case directly in the courtroom. . Services for protecting the rights of clients: In December 2014, Law 214 on shared construction came into force in Russia. Before this, the relationship between the shareholder and the developer was regulated by Soviet laws on cooperation and investment activities. According to the rules of these laws, citizens investing in their future apartments had equal rights with developers, since they were investors. This means they bore the risk of losing money on their own. to collect a penalty under an equity participation agreement and at the metro, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

Responsibilities of the developer

The company that is constructing the facility and with which the contract is concluded must fulfill all the conditions specified in the contract.

Responsibilities of the developer:

• The facility must be put into operation within the established time frame specified in the agreement.
• After the project is completed, the apartments are transferred to the shareholders.
• The construction process can be carried out on its own or with the involvement of third-party companies specializing in the construction of various objects. This information is reflected in the document.
• It is the developer who bears various risks if for some reason the building is damaged or completely destroyed.

All shareholders can monitor the performance of the construction company’s duties by checking various documentation. Shareholders also have the right to control the progress of work at the construction site. If there are various violations, then citizens may collect a penalty from the developer.

Penalty calculator for equity participation agreement

Don't forget to sign the claim. with the nearest metro, namely, participation in shared construction - a rather risky undertaking for an ordinary citizen. And the list of possible violations of the terms of the contract and abuse of their position on the part of the developer is more than impressive. The statement of claim is written according to the rules of Articles 131 and 132 of the Civil Procedure Code of the Russian Federation. It is available on the Internet, and these articles must be studied. They indicate a list of information that must be in the statement of claim, as well as a mandatory list of attached documents. . Services for protecting the rights of clients: I advise you to read the following articles before preparing a claim: a calculator of penalties under an equity participation agreement and at the metro and our lawyer will receive you on the territory of Moscow or drive up to the metro.

Responsibilities of shareholders

Construction participants must also remember their responsibilities towards the construction company. These include the need to timely transfer money for the object. All terms are specified in the contract itself.

After the facility is put into operation, it must be accepted. If violations are also recorded on the part of shareholders, then developers can use different methods of influence.

Federal Law No. 214 provides effective protection for shareholders, so they can not only recover a penalty, but also use other methods. Under certain circumstances, shareholders may terminate the agreement without the developer's consent.

What does the law say about this?

In practice, there are situations when the developer independently decides to shift the deadline for transferring the object into operation. Such actions are illegal, because according to the requirement of Federal Law No. 214, the construction company is obliged to coordinate such decisions with the buyer of the property. If the developer does not notify the other party about the changes, he undertakes to pay a penalty.

See also: SRO and project documentation: what the developer needs to know

The amount of the fine is calculated taking into account the amount specified in the contract, invested by the buyer in shared construction, as well as 1/300 of the refinancing rate, which is in effect at the time of calculation. To calculate the penalty at the end of 2020, a figure equal to 8.5% is accepted. If an individual acts as a shareholder, the payment is made in double the amount.

The participant in the DDU agreement (shareholder) has the right to terminate the document unilaterally, which is stipulated in Federal Law No. 214. The main reasons for this are:

• Extension of the project delivery deadline for a period of 2 months or more.
• Failure of the construction company to pay compensation for violating the deadlines for handing over the house into operation.
• Refusal of the developer to eliminate existing defects or deficiencies that were made during the construction of the facility.
• The construction of the building is carried out in violation of technology, which leads to a decrease in the quality of the finished structure.
• Difficulties with extending the guarantee of a banking institution due to the developer’s refusal.

The shareholder is obliged to notify the developer of his intention. If the construction company refuses to pay the funds, the latter may be collected through the court, taking into account additional payments (this will be discussed below).

When should objects be delivered?

All terms on the basis of which apartments must be transferred to equity holders are indicated in the DDU. This agreement is the same for all citizens taking part in the construction of a high-rise building.

Often, for objective reasons, companies cannot meet the deadline. If the developer can prove that it is really not his fault for such results, then he warns shareholders two months in advance that there will be delays in accepting the property for operation. The notice proposes to draw up an addition to the agreement, on the basis of which the previous period will be extended.

If this condition is not met, a penalty will be collected from the developer.

Collection of penalties under DDU

2. Damages caused (housing rental) 1. copy of the agreement for shared participation in construction with all attachments. with the nearest metro station, namely, the demand itself is drawn up in simple written form, which indicates the circumstances of the formation of the penalty, and also provides a calculation of its amount. The request can also be accompanied by copies of documents (an agreement indicating the deadline for the delivery of the object, as well as an apartment acceptance certificate), the content of which shows that the developer is late in fulfilling his obligation. . Services for protecting the rights of clients: In addition to the specified amount, he must be paid compensation for moral damage at the discretion of the shareholder. for the collection of penalties for DDU and at the metro, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro. with the nearest metro station, namely a claim under the DDU for a penalty against the developer. Please note!!! . Client protection services: If the defendant has filed an appeal against the decision, what should I do? for the collection of penalties for DDU and at the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro. According to Art. 15. Civil Code of the Russian Federation: “A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits).” with the nearest metro station, namely, the wording of the term for the transfer of a residential property may also differ in contracts. Let's look at some options: Proving your case in court in this case is quite simple; you don’t even need the help of a lawyer. However, if you are not confident in your abilities, then it is better to use his services. In the end, the losing party in the dispute will still pay for them, and in the vast majority of cases this is the developer. . Services for protecting the rights of clients: Days of delay begin to count from the date the obligations are due. for the collection of penalties for DDU and at the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro.

For what reasons do problems arise?

Failure to meet deadlines for delivery of an object may be due to various reasons, which include:

• Lack of cash from the company.
• Materials or equipment are not delivered on time.
• Weather conditions are not suitable for the planned work.
• The developer declares himself bankrupt.
• The company is bought out by another organization.

The grounds may arise due to the fault of the company or in its absence. If the company proves through the court that it could not influence the reasons for the delay in construction, then no penalty will be charged.

Calculator for calculating penalties for DDU

It is worth saying that often, due to the high cost of real estate, especially in elite residential complexes, such as residential complex "__", residential complex "__", residential complex "__", the amount of the penalty, calculated based on the value of the property, can reach several million. To maximally satisfy the interests of the DDU participant, we are ready to attract the best lawyers of our company. You can calculate the amount of the penalty yourself, using the formula below, or using our service for calculating the penalty automatically, simply by setting the calculation parameters: the cost of the object and the period of violation of deadlines. I recommend writing on copies of all documents: “The copy is correct. Signature, date” with the nearest metro station, namely the cost of paying state fees. Most developers prefer the first option, since it is very easy for the shareholder to prove his case in court, and the developer cannot afford to spend money on reimbursement of lawyers’ services and legal expenses. . Services for protecting the rights of clients: using a calculator for calculating penalties for the DDU and at the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro.

Algorithm for collecting funds

If shareholders are faced with the fact that the delivery date of the object is delayed, but there was no notification about this, then they can count on a penalty. The process itself is divided into stages:

• A calculation is made, on the basis of which the optimal payment amount is determined.
• Initially, a claim is filed against the developer for payment of a penalty.
• A decision on the eligibility of the penalty is awaited.
• A lawsuit is filed if the developer ignores the rights of the parties to the contract.

Shareholders can seek recovery of funds on the basis of Federal Law No. 214, Art. 310 Civil Code and Art. 3 GPC.

Penalty calculator under 214 Federal Law

2) in case of violation of the deadline agreed with the shareholder for eliminating shortcomings (defects) of the shared construction project discovered during the warranty period. 4. Claim for payment of penalties and possible damages. Documents confirming the submission of the claim to the Developer. with the nearest metro station, namely personal delivery to the responsible person of the developer against signature. The number of days of delay in delivery of an object is also calculated quite simply. The share participation agreement must indicate the deadline for the delivery of the object and, accordingly, the timing of the transfer of the apartment to its owner. Of course, no one specifies a specific date. Therefore, most often the period for transferring an apartment is determined within a quarter, that is, a period of 3 months. . Services for protecting the rights of clients: Information about the dates of hearings is known at the court hearing itself or from the assistant judge by his phone. This information is also sometimes posted on the court’s website under the name of the plaintiff and defendant in the “court proceedings” section. according to the penalty calculator under 214 Federal Law and at the metro and our lawyer will receive you on the territory of the Moscow region or drive up to the metro. 6. Other legal expenses. The procedure for judicial collection of penalties from the nearest metro, namely personal delivery to the responsible person of the developer against signature. Having the total amount of the penalty and documents confirming the fact of its formation, you can either try to achieve compensation peacefully without going to court, and if the developer remains deaf to your peacefulness, then collect the penalty in court. . Services for protecting the rights of clients: THE MAIN OBJECTIONS OF THE DEVELOPER CONCERNING THE COLLECTION OF PENALTY FROM HIM, see here. according to the penalty calculator under 214 Federal Law and at the metro and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

How is payment calculated?

The request for a penalty from the developer must contain information about its amount, so the shareholders themselves must first start making calculations.

The amount of the penalty in the absence of the necessary information in the contract is determined as 1/300 of the Central Bank refinancing rate. It is necessary to use information about this rate on the day when a lawsuit is filed or a claim is filed with the developer.

If the shareholder is an individual, then under Art. 6. Federal Law No. 214 a double penalty is charged.

Calculation of penalties according to DDU

Collection of a penalty can be carried out through a claim and in court. If the amount of the claim is over 1 million rubles. Sometimes it is worth filing several claims for different periods. In total, the total amount of the penalty may be greater than if you declare everything in one statement of claim. Moreover, you can file for the first period, choosing jurisdiction at the location of the plaintiff, and for the new period, file, for example, at the location of the defendant. with the nearest metro namely, taking into account the fact that such a violation, as a rule, causes significant harm to future owners of apartments, Russian legislation involves the application of special penalties, called penalties, to an irresponsible developer. This article will tell you what it is and how the penalty is collected. Note!!! . Services for protecting the rights of clients: From what moment is it necessary to calculate the penalty under 214-FZ? according to the calculation of the penalty for the DDU and at the metro, and our lawyer will receive you on the territory of Moscow or drive up to the metro. The amount of the penalty (penalty) for violation by the developer of the deadline for transfer of the construction project is double the value of 1/300 of the refinancing rate of the Bank of Russia on the day of fulfillment of the obligation from the contract price for each day of delay. The developer is exempt from paying a penalty (penalty) if the violation of the deadline occurred due to the shareholder’s evasion from signing the transfer deed or other document on the transfer of the construction project (Part 2 of Article 6 of Law No. 214-FZ). 6. Correspondence with the developer, if any. with the nearest metro station, namely When can you demand that the developer receive a penalty for equity participation? As for turning to lawyers, it is worth remembering that the level of higher education in Russia today is below par, and a person who trumps the status of a lawyer and a bunch of diplomas may be a banal hack. Therefore, if necessary, you should only contact a trusted lawyer who has good reviews from people who have seen him (you should not rely on the Internet). . Services for protecting customer rights: If this article was useful to you and you want to thank us, then we will be very pleased if you share a link to our website on any forum dedicated to building a house and receiving a penalty from the developer. Thus, even more people will know about us and this will encourage us to publish free instructions and articles on legal topics more often. You will provide invaluable assistance in the development of our resource by spending no more than 1-3 minutes on gratitude. according to the calculation of the penalty for the DDU and at the metro, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

Calculation example

Let's look at an example of how the amount of the penalty is calculated. The shareholder is an individual, so 2/300 of the refinancing rate is charged. On the day when this case is considered, the rate is set at 7.75%. The apartment has a cost of 2.3 million rubles. The delay itself is equal to a year, so the due date was overdue by 365 days.

Under such conditions, the penalty will be as follows: 2,300,000 x 365 x 2/300 x 7.75/100 = 433,742 rubles. Due to long delays, a significant amount of funds is accrued. And if many shareholders have such a problem, the developer is obliged to pay money to all of them. Therefore, if there is a delay, the company often offers shareholders the opportunity to pay without going to court with a smaller amount. Citizens have the right to decide whether they will go to court or agree to the developer’s proposal.

Calculation of penalties under an equity participation agreement

The amount of the penalty is calculated from 1/300 of the refinancing rate of the Central Bank of the Russian Federation in effect on the day the obligation is fulfilled, of the contract price for each day of delay. The refinancing rate from June 14, 2016 is 10.5%. If the shareholder is an individual, then the amount of the penalty (fine) is doubled, that is: (amount of the agreement) x (number of days of delay) x 10.5 (refinancing rate) x 2 / 100 / 300. When collecting the penalty in court, a fine of 50% is added, as well as the services of a representative, damages, compensation for moral damage, which usually amount to 5%-10% in judicial practice. If you have an assignment agreement that states that the completion date for construction is, for example, 01/01/2015, you need to look at what is written in the share participation agreement. There may be a completely different date. For example, “The developer is obliged to transfer the apartment to the participant in shared construction within 1 year from the date of completion of construction.” Those. the penalty will need to be calculated from 01/02/2016 and not as indicated in your assignment agreement. You can make your own calculation using a penalty calculator (necessary for drawing up a claim and filing a claim in court). Note: Are you unsure what date or amount to base your calculations on? Take the amount and date at which the penalty is greater. If the total amount is less than a million, then nothing terrible will happen if you make the wrong calculation. The defendant will still make a counter. calculation and the court will give the amount required by law. If the final amount of the penalty is more than 1,000,000 rubles, then it will be necessary to pay a state fee and in such a situation it is still better to make the correct calculation. with the nearest metro station, namely Pay attention! The shareholder is exempt from paying state duty if the amount of recovery does not exceed 1 million rubles. As for the sample application, it can be easily found on the Internet. One of the great sites dedicated to this issue is the vseiski.ru resource, where you can find almost any document drawn up correctly and with all the necessary explanations. After studying several of them, even an ordinary person will understand how to competently write a claim himself. If you know a lawyer, it is advisable for him to check the application and the list of attached documents. This is a very advisable measure. . Services for protecting the rights of clients: for calculating penalties under a share participation agreement and at the metro, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

Rules for pre-trial collection

Before going to court, a claim must be made to the developer for payment of a penalty. This stage cannot be skipped, since the court will definitely require evidence of an attempt to resolve the issue peacefully.

The process of pre-trial resolution of such a problem is divided into stages:

• Preparing a claim. Below is a sample of it. The developer pays the penalty based on the information from this document. In this case, the problem that has arisen is resolved voluntarily.
• The claim must include references to laws, as well as include excerpts from the contract itself.
• The document is drawn up in two copies. One document is handed over to the company, and the other is marked with acceptance, after which it remains with the citizen.
• To ensure that such a claim is filed correctly, it is recommended that you seek the assistance of an experienced attorney.
• The document must contain the correct calculation of the penalty. Often, the DDU provides for additional payments, which can also be recovered from the developer.
• The point is indicated that citizens suffered losses due to a delay in the delivery date, as they were forced to rent housing.
• Together with the claim, a package of documents is submitted to the developer. It includes a copy of the shareholder’s passport, a copy of the DDU and documents confirming the payment of funds for the apartment.
• Documents must be sent with a description of the contents and a notification of delivery. You can also visit the company office to hand over the papers to the secretary.

When contacting the developer directly, you must request that a special mark be placed on the second copy of the claim to the developer. Penalties must be paid based on the information from this document.

Collection of penalties under Federal Law 214

But there is one BUT! The construction of most facilities is delayed due to the delivery deadline. Participants in shared construction who purchased their apartments from the developer Morton are forced to bear losses: rental housing, overpaid interest on mortgages to banks, a constant drop in prices on the market - for those who bought an apartment for the purpose of resale, etc. I think there is not a single shareholder who has not felt the consequences of the economic crisis and, in part, one can understand a developer who finds himself in such a situation. But why should ordinary people pay for everything that happens in the world? Federal Law No. 214-FZ of December 30, 2004 makes it possible to protect against such force majeure. According to Federal Law-214, if the developer violates the deadlines for the transfer of an apartment or non-residential premises, the participant in shared construction has the right: 4. Claim for payment of penalties and possible losses. Documents confirming the submission of the claim to the Developer. with the nearest metro station, namely a copy of the shareholder’s passport; The statement of claim is written according to the rules of Articles 131 and 132 of the Civil Procedure Code of the Russian Federation. It is available on the Internet, and these articles must be studied. They indicate a list of information that must be in the statement of claim, as well as a mandatory list of attached documents. . Services for protecting the rights of clients: It is calculated taking into account the refinancing rate of the Central Bank in accordance with the rules of the above methodology. to collect a penalty under 214 Federal Law and at the metro, and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

How to make a correct claim?

An example of collecting a penalty from a developer through a claim is presented below.

When drawing up this document, the following requirements are taken into account:

• The company name is spelled out exactly. Information can be taken from DDU.
• The registration details of the agreement are indicated.
• All the requirements of the applicant are given, on the basis of which a penalty is collected from the developer under the share agreement.
• Various explanations are provided for the calculation of this amount.
• All documents attached to the claim are described separately.
• The date of submission of the application and the signature of the citizen are indicated.

A refusal to assign a penalty may be due to the lack of information about the applicant in the document.

The sample claim to the developer for a penalty is drawn up as clearly and conveniently as possible. It is only necessary to enter information about the citizen in the existing form. There is no need to use any unified documents, so it is possible to write an application in free form.

Preparation of a claim and other documents

A statement of claim for a penalty against the developer can be drawn up independently or by an invited lawyer. The document must contain the following points:

• Request for the recovery of penalties and payment of compensation for moral damage.
• Name and address of the court where the claim is filed.
• Full name of the plaintiff and his registered address.
• Information about the defendant.
• The nature of the violation of the rights of shareholders, as well as all their demands are listed.
• Justification of requirements by legislative acts.
• Official documents confirming the eligibility of the shareholders' claims.
• Information about the price of the claim, and it should not be spontaneous. Therefore, the penalty and other payments, if necessary, are correctly calculated in advance.

The claim is accompanied by other documents, which are presented by the DDU, payment papers, receipts for payment of state fees and correspondence with the developer. If there is no evidence that the shareholder tried to solve the problem in a pre-trial manner, the court will refuse to accept the claim.

Penalty under 214FZ

2. Damages caused (housing rental) Try to file a claim in court at the Plaintiff’s registered address. Why, read here. The penalty may be greater. But it is also possible at the location of the defendant (I do not recommend it) or at the development address. with the nearest metro, namely the calculation of the penalty under 214-FZ (we will dwell on this issue in more detail below); As for turning to lawyers, it is worth remembering that the level of higher education in Russia today is below par, and a person who trumps the status of a lawyer and a bunch of diplomas may be a banal hack. Therefore, if necessary, you should only contact a trusted lawyer who has good reviews from people who have seen him (you should not rely on the Internet). . Services for protecting the rights of clients: How to independently file an appeal against a court decision. for a penalty under 214FZ and at the metro and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

Which court should I go to?

A claim is drawn up and submitted to different courts:

• At the place of registration of the construction company.
• At the place of residence of the plaintiff.
• At the place where the contract was drawn up between the two parties.
• According to the location of the object being built.
• If the amount of the penalty does not exceed 50 thousand rubles, then the case is heard in the magistrate’s court.

The developer's penalty may be reduced if its size is not commensurate with the damage caused. Therefore, it is important to correctly approach the calculation of this payment.

Penalty under a share participation agreement

✔ For unilateral termination of a shared participation agreement (DDU) To collect from the developer a penalty under a shared construction participation agreement in pre-trial order, we recommend adhering to the following algorithm. with the nearest metro station, namely: After the amount of the penalty has been determined, you can begin to collect it. . Customer rights protection services: the deposit could not be returned if the account was empty; for a penalty under a share participation agreement and at the metro and our lawyer will receive you on the territory of the Moscow region or drive up to the metro.

What tricks do developers often use?

Many companies are aware that for various reasons they may delay the delivery of the property, therefore, even when drawing up the DDU, they often use various tricks, on the basis of which in the future they can avoid transferring penalties to shareholders. These include the following:

• Instead of the DDU, an investment agreement or other contract is drawn up.
• Shareholders are invited to draw up a preliminary agreement for the purchase of an apartment, after which the transaction is finalized three months after the delivery of the property. Under such conditions, citizens are not protected from extensions.
• Often a DDU is concluded with the simultaneous purchase of insurance. However, there is a high probability that the extension of the deadline will not be an insured event, so shareholders will not receive compensation for their losses.
• Payment can be made through a loan agreement. Therefore, if the deadlines are missed, the developer returns the money with a bill of exchange, on the basis of which you can buy another property from this company.

If the developer is a fraudster, then he can use a scheme for double sales of apartments, with the help of which he can receive additional funds to complete the construction of the property.

People seeking to purchase housing in houses under construction should have a good understanding of how to correctly draw up an agreement with a developer and what information it must contain. If there are violations on the part of the construction company, then citizens can count on a penalty. You need to know how it is correctly calculated and charged. Initially, you need to try to get the money in a pre-trial manner, but if it does not bring the desired result, then the shareholders will have to go to court. To do this, you need to understand the rules for drawing up an application and preparing other documents.

Penalty from the developer ddu

Advice from lawyers:

1. After the sale of an apartment purchased under the DU, are the rights to receive penalties for delays by the developer upon delivery of the apartment transferred to the new owner? Or do they stay with the person with whom the developer entered into a contractual agreement?

1.1. Alexey, hello! In this case, it depends on how the contract of assignment of the right of claim is written. This is usually a side change, i.e. the old shareholder is replaced by a new shareholder, while the conditions of the DDU do not change. Accordingly, in case of delay, the new shareholder has the right to demand payment of the penalty. Sincerely, lawyer Dmitry KVN.

Did the answer help you?YesNo

1.2. It depends on how the sale of the apartment is handled. It all depends on what kind of agreement was concluded and what is written there.

Did the answer help you?YesNo

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2. The apartment was purchased under the DU, the house was handed over on December 29, 2019, the apartment does not comply with the DU agreement, the developer does not sign the transfer and acceptance certificate with comments, she sent it by mail with an inventory and notification, he does not receive it. I can’t register ownership of an apartment, the bank charges a penalty; the payment has increased by almost 10,000 rubles. What should I do?

2.1. Bring a claim to recover the cost of eliminating deficiencies, delays in handing over, and losses caused by untimely delivery of housing of proper quality. . Before transferring the apartment, the shareholder has the right to demand that the developer draw up a report on the non-compliance of the shared construction project with the requirements and refuse to sign the transfer and acceptance certificate, for example, until the deficiencies are eliminated.

Did the answer help you?YesNo

2.3. Hello. Based on the information in the question, I can tentatively answer that there is a prospect of going to court with a claim for recognition of ownership rights and compensation for losses (%% for using a loan, penalties for violating the deadline for transferring the apartment, and also, if you are currently renting housing, fees for hire). Your legal costs (usually in such cases are payment for the services of a representative) will be partially recovered from the developer.

Did the answer help you?YesNo

3. On May 15, 2020, I filed a claim with the developer (penalty for property rights and moral damages). On 05/20/20, a note was made in the Unified State Register of Legal Entities about the termination of the activities of a legal entity through reorganization in the form of transformation (from a closed joint stock company to an LLC), i.e. there is a legal successor. 05/25/20 I want to file a claim. Who should be named as the defendant?

3.1. Indicate the legal successor as the defendant.

Did the answer help you?YesNo

3.2. Dear Irina, good evening! It is necessary to indicate the LLC that is the legal successor of the CJSC. Good luck to you!

Did the answer help you?YesNo

4. The developer insists on signing the Add. agreement to the DDU, in which, due to changes in design documentation, the fully glazed loggia “turned” into an open balcony. Are we obligated to sign such an Agreement? Or can I demand a penalty when accepting an apartment?

4.1. You have the right not to sign the addendum. agreement and demand a penalty.

Did the answer help you?YesNo

4.2. Hello, you are not required to sign anything. The project documentation, as I understand it, was changed without your knowledge?

Did the answer help you?YesNo

5. There is a writ of execution for the collection of penalties under the DDU from the developer. But the company is going out of business. Does the debt pass to the director or not?

5.1. You need to know exactly why the company is ceasing to operate. The debt does not pass to the director, but he may bear subsidiary liability.

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5.2. What does “ceases its effect” mean? Liquidation? Bankruptcy? To know whether the director is liable with his property, you need to know what form the developer had: LLC, OJSC...

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6. There is an overdue payment on the agreement with the developer. The developer demands to pay a penalty in addition to the debt. The developer himself agreed to the installment plan, but the agreement was oral. The developer has still not issued the transfer acceptance certificate, but has issued the keys. How can you avoid paying a penalty?

6.1. There must be a written claim from the developer for the penalty with a calculation; is there one, but the delivery deadline has been violated or not?

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6.2. If the contract does not provide for a penalty, there are no grounds for collecting it. If everything is provided for, it is difficult to prove an oral agreement. The amount of the penalty can be reduced in court.

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6.3. Irina, good evening! For a more accurate answer, you need to look at the Agreement, what is written there, as a rule, in case of delay in payment, the developer has the right to demand a penalty for each day of delay... Also often in DU Agreements, the delivery date can vary in periods, and 3 months, then the house is not delivered, most likely specified in the Agreement. Developers protect themselves well in this regard.

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7. And me again. According to the DDU, the house had to be handed over no later than 07/31/18. A positive SOS was received in July 2020. But the mayor’s office in August 2020 refused the Acceptance Certificate. The developer lost the case in the district court, but won the appeal. The act was administratively signed on 02/12/19. We are going to court with a claim against the developer for a penalty, he refuses, citing force majeure, the inaction of the mayor's office and the fact that the project was completed on time (SOS date). What are your suggestions for strategy?

7.1. Good afternoon The strategy is for all shareholders to submit applications for the developer to pay the penalty. Then we drive him into debt. The developer falls into bankruptcy. Then we all happily enter the register of creditors’ claims) But you are provided with work for two years))) Good luck!

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7.2. Good evening, in order to develop a strategy you need to be familiar with your documents, court decisions and statement of claim. And legal positions are usually prepared on a paid basis, since this is not a momentary matter.

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8. We wanted to file a claim under the DDU to collect a penalty from the developer, but according to the agreement there are two owners for 1/2 each. How to make a claim in one claim or two different claims?

8.1. Doesn't matter. Some people simply put two signatures and the claim is from two people. Some send different documents.

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9. On August 24, 2018, it was submitted for registration of a preschool education institution at the MFC. Under this agreement, the Developer undertakes to transfer the apartment by 08/31/2018. Due to the lengthy registration period, the bank transferred funds to the Developer on September 17, 2018. From what date does the calculation of the penalty under the contract begin, since the apartment is not currently rented out?

9.1. From the moment the money is credited, in addition to the penalty, you can also recover losses, but at what stage is the construction now?

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10. The developer violated the deadlines for transferring the apartment under the DDU from 12/31/2017 to 05/18/2018. Now he is offering pre-trial settlement. The agreement stipulates that in case of violation of the deadline for transfer to the participant, the developer will pay the participant a penalty/penalty in the amount of 1/150 of the key rate on the day of fulfillment of the obligation, from the price of this agreement for each day of delay. Contract price 2,762,377.00. Help me calculate the penalty/fines. Thank you.

10.1. What exactly does it offer? To collect a penalty, which amounts to about 200 thousand rubles and other losses, a written claim with calculation is required, but what does the developer want?

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10.3. The calculation of the penalty for the specified period of delay will be as follows: RUB 2,762,377. x 7.25/150 x 138 (number of days overdue) = RUB 184,250.

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11. The deadline for transferring the apartment under the DDU is no later than 06/30/2017. The deadline for transfer under the act is 08/06/2017. Notification of the readiness of the apartment was sent by letter through the Federal State Unitary Enterprise "Russian Post" on July 3, 2017. The notice was given on July 13, 2017. For what period can I demand a penalty from the developer?

11.1. Hello, you can demand a penalty from the date specified in the contract when this apartment should be transferred to you until the moment when it is actually transferred according to the deed.

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11.2. You can demand a penalty and other losses, as well as compensation for moral damages, for the period from the period under the contract to the period under the acceptance certificate, for which a written claim is required based on the norms of the Civil Code with calculation.

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12. Question regarding the acceptance certificate for the transfer of an apartment under Federal Law 214. The developer was 3 months late in handing over the property, I sent a pre-trial claim for a penalty until I received an answer. I came to accept an apartment in another region, the developer offers to sign a deed different from the one in the house, which contains a new clause stating that the developer and the shareholder do not have financial. claims, if I write this act with the reservation that I have a claim for a penalty, will I be able to receive this penalty or not?

12.1. Good afternoon You don't need to sign anything! Otherwise, you will lose the right to receive a legal penalty for late fulfillment of obligations. You already have one act - that's enough! Good luck!

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12.2. Good day. If you sign a deed or an additional agreement, it means you agree to extend the deadline for delivery of the object and then you will not be able to collect any penalty. Good luck to you. Anna Titova.

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13. I want to file a claim against the developer for a penalty under the building code before the end of 2016, does that mean due to the fact that from January 1, 2020, in paragraph 2 of Art. 6 on the protection of consumer rights, changes will be made and if the developer delivers the property in May 2020, then I will not receive a penalty for 780 days. And the second question: is it possible to attach claims for damages for renting a room rather than an apartment to the claim. Thank you.

13.1. Hello! 1. The right to a penalty is enshrined in Art. 10 of the Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.” 2. yes, you can.

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14. The developer company asks you to sign an additional agreement. agreement to change the deadline for putting the house into operation under the DDU from the 4th quarter of 2015 to the 4th quarter of 2020. How to proceed? (Delay under the apartment transfer agreement is 7 months) In case of signing an additional agreement is it possible to receive a penalty? (or file a claim now)

14.1. You are not required to sign an additional agreement. In addition, the additional agreement to the management agreement is considered concluded after the state. registration as well as the contract itself. Signing/non-signing an agreement to the contract does not in any way limit your right to receive an apartment. The courts have different positions; some courts believe that by concluding an agreement with the management authority, the terms for the transfer of the apartment are considered changed and there can be no talk of delay. Other courts side with the participant in shared construction. In your case, the applicant may be demanding payment of a penalty in your favor for violating the deadlines under the contract, and from concluding an additional agreement to refuse is your right, not your obligation.

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15. We took out a mortgage for an apartment in a new building according to the DD. During the construction of the house, the cadastral number of the plot changed due to the expansion of the road. The developer delayed the delivery of the house by 6 months and requires a new addendum to be signed. agreement. In this add. In the agreement, he sets new deadlines for the delivery of the house and a new cadastral number. And I want to sue for a penalty. Will there be problems when completing the cadastral number? Will they move in or not? What to do with the cadastral number later? What to do?

15.1. An agreement for new terms is precisely a measure not to collect a penalty. This has nothing to do with the completion of construction.

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15.2. The developer thus wants to force you to sign an additional agreement. agreement to extend the construction period. Demand a penalty first from the developer, then in court. The developer will register changes in the cadastral number without you.

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16. I bought an apartment in a building under construction under a DDU agreement (Law 214). The construction is delayed and the developer gave me a notice that the house was built, but the city has not completed the communications, and therefore the handover of the keys is delayed. Can I, no matter what, make a claim against the developer for payment of the penalty? What is the legal procedure for such cases? Thank you in advance.

16.1. You can file a petition with the court.

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16.2. You can make claims, but it’s better to make them before the apartment is ready for transfer - so as not to sue the developer twice.

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16.3. You have the right to send a written claim to the developer with a calculation of the amount of the penalty. If you do not receive a response within 10 days, go to court.

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17. I am a developer. According to the DU, the house was supposed to be handed over by the end of May, but it was handed over on July 8th. 41 days late. There is an excuse, everyone was notified about the extension of the construction period and there is an order to accept our sewerage system according to a temporary scheme (the city collector did not accept where our sewerage pipe goes. In the DDU there is a clause on force majeure circumstances 6 action or inaction of government bodies. Can the court collect from me a fine and moral damages?

17.1. Yes, the court can recover at the request of shareholders. And you have the right to petition for a reduction in the penalty under Art. 333 Civil Code of the Russian Federation.

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17.2. Shareholders can demand penalties, moral damages and a fine. Your job is to defend yourself. Prove that your construction work was completed on time. The delay in putting the house into operation is not due to you, but to the actions of third parties, government agencies, etc. If you prove that you are not at fault, then there will be no grounds for collecting a penalty. The best thing is to get an in-person consultation.

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18. Happy New Year! Help me figure it out, please. The executor handed it over to the Developer's bank for a penalty under the DDU, they say it's a file cabinet. If the Developer has no money in his account, will I be able to charge him another percentage for the delay in execution? Or is it better to take the sheet from the bank and hand it over to the bailiffs? Thank you.

18.1. Better give it to the bailiffs, the bank may “lose” the writ of execution.

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18.2. You can do it in court.

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19. Under the DDU agreement (214-FZ), I bought an apartment in a building under construction. The developer misses deadlines, there is a delay of more than 9 months. I am registered in Yekaterinburg, the developer is registered in Moscow. I want to sue the developer for charging a penalty. In this regard, the questions are: 1. Which court to file in Moscow or Yekaterinburg. And where will the court reduce the penalty less? 2. Is it worth getting the status of a defrauded shareholder, and what does it give? Best regards, Milena.

19.1. File at the location of the defendant.

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19.2. Hello. 1. You must go to court at the location of the defendant 2. This will not give you anything.

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19.3. Milena, good afternoon! 1. Since relations related to shared participation in construction are subject to the Law “On ZPP,” you have the right to file a claim at your place of residence. The court has no right to reduce the penalty; its amount is established by law. If the claim procedure is followed, you will also collect a fine. 2. Defrauded shareholders can apply for housing at the expense of the budget, but the issue is resolved in each specific case individually. If the construction is close to completion, there is no point in initiating this issue; it is enough to collect a penalty.

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20. We purchased an apartment in a building under construction by assignment for 2,400,000. The first owner of the rights bought this apartment for 650,000. At the moment, the developer has delayed delivery of the apartment for 4 months due to disagreements with the local administration. Is this reason a force majeure circumstance? Is it possible to sue for a penalty? Based on what amount will it be calculated under the agreement or under the assignment of rights agreement?

20.1. Hello! It all depends on the terms of the contract itself.

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20.2. Ekaterina, this is not force majeure. You can collect a penalty. To determine the amount to be calculated, you need to read the contract.

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There is a writ of execution with a penalty under the DDU from the developer for late transfer of the apartment for the period 2013,

I bought an apartment in a new building according to DD. During the construction of the house, the cadastral number of the plot changed due to the expansion of the road.

The delay in the construction of an apartment building is almost 3 months.

I am a participant in the shared construction of an apartment building. According to the DDU, the house was supposed to be completed in 4 sq. m.

I want to terminate the DDU 214-FZ due to violation of the deadlines for the transfer of the property by the developer.

Can I collect a penalty from the developer at any time within 3 years from the date specified in the DDU on putting the house into operation?

Where to go if the developer does not rent out the house under the DDU in construction, although it is already half a year overdue?

The developer sent a letter (untimely) about postponing the completion date of the house.

We have a standard DDU agreement, according to which the developer has delayed the transfer of the apartment.

This is the situation (the developer is overdue for 2 years. The house was commissioned and they offered to sign a land survey (second stage)

What is the penalty if the tenancy agreement is terminated due to a violation of the deadline for delivery of the house by the developer (according to the tenancy agreement, the deadline is December 2009)?