Shared construction. Changes in the calculation of the penalty in respect of quality

On September 5, 2023, developers got a considerable indulgence in the amount of penalties for untimely elimination of defects in a shared construction facility – clause 8 of Article 7 of Federal Law No. 114-FZ "On Participation in Shared Construction of Apartment Buildings..." was amended. For clarity, a schematic comparison of the revisions is provided:

Revision applicable to the period of delay until 31.08.2024

Revision applicable after 01.09.2024
8. For violation of the deadline for eliminating defects (flaws) of the shared construction facility, provided for by part 6 of this article, the developer shall pay a penalty (fine) to an individual-participant of shared construction, who purchases a residential premise for personal, family, household, and other needs not related to entrepreneurial business, for each day of delay in the amount determined by clause 1 of Article 23 of the Law of the Russian Federation dated February 7, 1992, No. 2300-1 "On Protection of Consumer Rights"[1]. If the defect (flaw) of the specified residential premise, which is a shared construction facility, is not a ground to recognize such a residential premise as unfit for living, the penalty (fine) shall be calculated as a percentage established by clause 1 of Article 23 of the Law of the Russian Federation dated February 7, 1992 No. 2300-1 "On Protection of Consumer Rights", from the amount of expenses required in order to eliminate such defect (flaw).
8. For violation of the deadline for eliminating defects (flaws) of the shared construction facility, provided for by part 6 of this article, for violation of the deadlines for fulfillment of the claim for a proportional reduction of the contract price, the claim to compensate the shared construction participant for the costs of elimination of defects (flaws), the developer shall pay to a shared construction participant a penalty (fine) for each day of delay at the rate of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, applicable during the period of the respective violation, from the amount of expenses required for elimination of defects (flaws), or from the amount subject to reimbursement to the shared construction participant. If a participant of shared construction is an individual purchasing a residential premise exclusively for personal, family, household, and other needs not related to entrepreneurial business, the penalty (fine) provided for by this part shall be paid by the developer at double rate, but not exceeding the amount of expenses required for elimination of defects (flaws). If a defect (flaw) of a shared construction facility (residential premise) is a ground to recognize such shared construction facility (residential premise) unfit for living, the amount of penalty (fine) provided for by this part shall be calculated from the contract price.
[1] In accordance with clause 1 of Article 23 of the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights", for violation of the deadlines provided for by Articles 20, 21 and 22 of this Law, as well as for failure to fulfill (delay in fulfillment of) the consumer's claim to provide him with an equivalent product for the period of repair (replacement), the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) that committed such violations shall pay a penalty (fine) to a consumer for each day of delay in the amount of one percent of the price of the product.

Consequently, in case of detection of defects in the construction result before 31.08.2024, a penalty of 1% of the cost of their elimination shall be charged, but after 01.09.2024, one will have to limit oneself to double refinancing rate for individuals and, in fact, a single refinancing rate for other categories of shared construction participants.


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