Real Estate Developer Disputes in Practice
Frequently Asked Questions About Real Estate Developer Disputes in Russia
Practical answers for participants in shared construction dealing with delayed handover, property defects, apartment acceptance and claims against a developer.
What should be done if a real estate developer delays the handover of an apartment?
The first step is to review the handover deadline established by the shared construction agreement and any documents used by the developer to change the deadline or notify the participant.
The actual period of delay and possible claims against the developer should then be determined. When calculating financial claims, special rules that applied during particular periods and affected the accrual or enforcement of penalties must also be considered.
For this reason, a claim amount should not be calculated solely by counting the days of delay. The agreement date, contractual deadline, actual handover date and regulations applicable during the relevant period must all be analysed.
Can a buyer refuse to sign the apartment handover certificate if defects are found?
Where the property does not comply with applicable requirements, a participant in shared construction may require the deficiencies to be formally recorded.
In circumstances provided by law, the participant may refuse to sign the handover document until the developer fulfils its obligations relating to the identified defects.
It is important to properly record the condition of the property and the reasons for refusing to sign, because unjustified avoidance of acceptance may have different legal consequences.
What can be claimed from a developer if defects are found in an apartment?
Depending on the nature of the defects and the circumstances, a participant in shared construction may use the remedies provided by law.
These may include requesting that defects be corrected free of charge, seeking a proportionate reduction of the contract price or reimbursement of expenses incurred to correct the defects.
The appropriate claim depends on the condition of the property, the nature of the defects, available documents and how the deficiencies were recorded.
Can defect claims be made after an apartment has already been accepted?
Signing the handover document does not necessarily prevent claims where defects are discovered later.
The prospects depend on the nature of the defect, when it was discovered, applicable warranty terms, acceptance documents and the cause of the defect.
Where a defect is identified within the applicable warranty period, it should be properly recorded and an appropriate claim should be submitted to the developer without unnecessary delay.
Is an expert assessment needed in a dispute with a real estate developer?
An expert assessment may be important where the parties dispute the existence of defects, their causes or the cost of remediation.
A specialist or expert report may help document the technical condition of the property and substantiate the amount of a claim.
The need for and type of assessment should be determined based on the particular dispute, because obtaining an expert report before contacting the developer or going to court is not equally appropriate in every case.
Can a penalty be recovered from a developer for delayed handover?
Russian shared construction legislation provides liability for failure to meet the contractual handover deadline, but the amount of a claim must be calculated based on the circumstances of the particular agreement.
Special rules governing the accrual of financial sanctions applied during certain periods, and specific enforcement or deferral rules also applied to some claims.
Before making a claim, it is therefore necessary to identify the relevant delay periods and the rules applicable to each period rather than applying one formula to the entire duration of the dispute.
Why is a specialized lawyer needed in a dispute with a real estate developer?
Real estate developer disputes require combined analysis of the shared construction agreement, handover documents, evidence of defects and regulations applicable during the relevant periods.
Errors during apartment acceptance, defect documentation or calculation of claims may affect the subsequent litigation position.
A lawyer helps determine appropriate claims, organize evidence, prepare a formal demand and develop a litigation strategy based on the specific property and agreement.