Short answer: if a developer does not hand over an apartment by the contractual date, first compare the DDU handover date with the actual documents and any special rules in force. Potential claims and calculations depend on the agreement, the delay period, the purchaser’s status and regulation applicable at the relevant time.
Check the contractual handover date
For a delay assessment, the DDU term for handing over the apartment matters, not merely the construction-completion or commissioning date. A developer’s notice alone does not necessarily change the contractual date; the agreement and any formally executed amendments matter.
The Supreme Court has stated that a unilateral notice postponing the date does not replace an agreement between the parties changing DDU terms. Official legal position.
Collect documents before making a claim
- the participation agreement and its appendices;
- payment confirmations;
- developer notices and correspondence;
- the handover certificate or evidence that the property was not handed over;
- information about proposed deadline extensions or additional documents.
Pre-action claim to the developer
Describe the agreement, contractual and actual dates, the requested remedy, any calculation and supporting documents. Keep proof that the claim was sent and received. Before calculating, check whether special measures applied during the relevant period and affected performance, accruals or claim handling.
Do not sign documents without a review
A deadline-extension agreement, handover certificate or other document may affect later assessment. Before signing, compare it with the DDU and the actual condition of the apartment. If there are issues about quality or timing, record them in writing and specifically.
Bring these documents to a consultation
Bring the DDU, payment documents, notices, correspondence, draft claim and the handover certificate or draft. This makes it possible to assess potential claims and the special rules applicable to the particular period, without promising recovery or a sum.