New rules for the delivery and acceptance of housing from the developer: what will change in 2026

Starting in 2026, the moratorium on fines for developers for delaying the commissioning of housing will cease to work. Buyers will be able to receive a penalty for an apartment that was not delivered on time. The information about which deadlines are considered overdue and whether it is allowed not to sign an additional agreement to extend the deadline is in the Izvestia article.

Where to find out the terms of housing commissioning

The deadlines for the completion of the house are specified in the equity participation agreement (DDU). However, there are other ways to find out the date.

Photo: IZVESTIA/Dmitry Korotaev

— Information about the time of commissioning of the house can be obtained at the stage of apartment purchase. These data are usually published on the official website of the developer. You can also contact the sales department of the construction company, chat with other shareholders, or check the information in the bank's personal account if the calculations were carried out using an escrow account. Or on the portal of the unified housing construction information system nash.dom.rf," says Ilya Vasilchuk, a trial lawyer and an expert on the security of electronic transactions and real estate transactions.

What deadlines are considered overdue?

The DDU usually specifies two different dates: the commissioning of the house and the transfer of a specific apartment to the co-owner according to the act of acceptance and transfer of the apartment. Violation of the second term gives the right to a penalty.

The responsibility of the developer comes precisely when the transfer of the shared-equity construction object is overdue, and not when the bureaucratic procedures with the house are delayed.​

— The first day of delay is the day following the date specified in the DDU. For example, if the contract states that the apartment must be transferred no later than 31.12.2025, then the delay period will start from 01.01.2026. We are counting on the day of the transfer of the apartment," explains Maria Bezruchenkova, a lawyer and expert at the Union of Lawyers and Bloggers, to Izvestia.

Photo: IZVESTIA/Pavel Volkov

According to Vasilchuk, the developer has the right to adjust the deadlines for the completion of the facility, both speeding up and slowing down the pace of construction. However, any extension of the work must be agreed with the regulatory authority and backed up by a permit.

— A change in the deadline set by the contract for the transfer of a shared-equity construction facility to a participant is possible only if appropriate changes are made to the contract. This is done by agreement of the parties, it is subject to state registration in the Federal Register," says Vasilchuk.

Do I need to sign an additional agreement

Upon understanding that the deadlines are being disrupted, the developer must, no later than two months in advance, offer the shareholder an additional agreement on postponing the date of transfer of housing. But the shareholder is not obliged to sign it: without the consent of the participant in the shared construction, the developer cannot unilaterally change the deadline.​

If the agreement is not signed, the original terms from the DDU remain in force, and if they are violated, the shareholder has the right to demand a penalty, apply to the supervisory authorities or to the court.

Photo: IZVESTIA/Mikhail Tereshchenko

As Vasilchuk notes, the developer cannot include clauses in the contract that directly or indirectly force the shareholder to sign such an agreement, they are insignificant.

— If you refused to sign the postponement document, this is your legal right. The developer cannot force you to do this. However, this does not mean that the house will be completed faster — the transfers will happen anyway. The main difference is that if you refuse to sign, you still have the right to claim damages. Even under the conditions of the moratorium on penalties, you could recover the actual rental costs and other direct losses caused by the delay," Valery Tumin, Director of Russian and CIS Markets at fam Properties, tells Izvestia.

According to Tumin, if the shareholder signed an additional agreement, he agreed to the new terms and lost the opportunity to claim compensation for the period between the original term and the date in the document.

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What to do after signing the addendum

Experts recommend "actively and systematically" monitoring construction after signing an additional agreement.

— Visit the facility regularly — at least once a month, document the progress of work with photos and videos, correspond with the developer by e-mail (this creates evidence), attend meetings of shareholders. Check for work permits, monitor the construction schedule, and record any deviations in the quality of work performed," Tumin notes.

Photo: Global Look Press/Bulkin Sergey

In addition, shareholders have the right to demand that the developer eliminate defects, the expert says. According to him, this does not fall under the moratorium and does not require legal proceedings if both sides agree.