What is the penalty for 214 fz. Penalty, fine under an equity participation agreement (DDU): important points

"On participation in shared construction" obliges the developer to pay compensation to the shareholder for violation of the deadline for the transfer of the object. He does not establish its fixed value, but in Part 2 of Art. 6 FZ 214 specifies the formula for calculating the penalty:

1. For individual entrepreneurs and legal entities

Penalty \u003d C × K × C × 0.01 / 300;

2. For individuals(citizens)

Penalty \u003d C × K × C × 0.01 / 150;

where C - the price of an apartment according to the DDU; K - the number of days of delay; C is the refinancing rate of the Central Bank of the Russian Federation.

Important points in determining quantities

To avoid problems during the trial, you must initially correctly calculate the amount of the penalty.

C - the price of the object specified in the contract equity participation in construction. Not to be confused with the price from the cession agreement, if any.

K is the number of days between the start and end of the delay. The beginning of the period of violation of the deadline for the delivery of the object is defined as the first working date after the date of transfer of the apartment according to the DDU. If the transfer period is specified in the contract not as an exact date, but as a quarter, the first day of delay is considered to be the business day following the last day of the quarter. If the Act of acceptance and transfer of the apartment is signed, then its date will be the end date of the delay. If the apartment has not yet been transferred, then the current date at the time of the claim or claim should be indicated.

C is the refinancing rate of the Central Bank of the Russian Federation (since 2016, it has been equal to the key rate). Depending on the period for which the delay falls, it is more profitable to calculate the penalty at the rate at the time of fulfillment of obligations / as of the current date or at the periods of validity of the rates of the Central Bank of the Russian Federation. However, the difference in amounts can be significant.

Validity periods of the rates of the Central Bank of the Russian Federation in 2016-2017

Beginning of period	End of period	Bid







	present time

Calculator for calculating the penalty according to the formula of law 214 FZ

Knowing all the necessary data, you can manually calculate the penalty using the above formula.

To check the correctness of your calculations or immediately find out the exact amount, use our online calculator. Just enter the required dates and the cost of the apartment and get the result.

The requirements for calculating the penalty are regulated by the Federal Law of December 30, 2004 No. 214-FZ “On Participation in Shared Construction apartment buildings". In practice, there are 2 procedures for its collection:

pre-trial (by filing a claim with the developer);
judicial (submission of a statement of claim to the court).

The procedure for recovery in court consists of the following steps:

drawing up a claim, collecting documentation;
filing a lawsuit in court, appointment of a court session by a judge;
consideration of the case by the court;
issuance of a court decision, receipt of a writ of execution by a participant shared construction.

Claim to the developer about violation of the deadlines for the delivery of the house In case of violation of the deadlines for the transfer of the apartment, established by the equity participation agreement (DDU), the shareholder may send a claim to the developer.

Penalty calculator for ddu (214 fz)

Yes, it should include:

names of the parties;
circumstances in connection with which there was a violation of the terms (with excerpts from the contract);
the amount of the penalty (with a description of its calculation);
requirements and deadlines for the payment of a penalty.

The following copies should be attached to the claim letter:

passports of the participant of kindergarten;
participation agreements;
documents confirming the payment of payments by the shareholder.

If such a letter is drawn up after signing the acceptance certificate, then a copy of it is also attached to the claim. Due to this, a violation of the terms specified in the contract will be visible.

Penalty calculator in accordance with 214-FZ

Calculation for each period of the rate

Calculation on the date of signing the act of acceptance and delivery of the object
Calculation on the date of filing a claim (if the object is not transferred)

The first calculation option is more logical, so the courts, as a rule, are guided by this mechanism. A case from practice ⚖ Second example The amount under the DDU is 2,000,000 rubles.

Attention

Deadline for delivery of the apartment - no later than June 30, 2015. The deed of transfer was signed on September 30, 2016. The delay is counted from July 1, 2015. until September 30, 2016

It amounted to 458 calendar days. This period is divided into several, since the rate has changed, and we calculate the penalty by day using the same formula: , in rubles from 01.07.2015 to December 31, 2015 184 8.25% 202,400 from 01.01.2016 to 13.06.2016

Calculation of the penalty under the DDU (participation agreement) under Art. 6 of the law 214 fz

In fact, the penalty is monetary compensation for the use by the developer Money shareholder. The developer must pay this money in addition to the amount specified in the contract and paid to him by the equity holder for housing construction.
This issue is regulated by the law “On Participation in the Shared Construction of Apartment Buildings and Other Real Estate Objects ...” dated December 30, 2004 No. 214-FZ. Subscribe to our channel in Yandex.Zen! Subscribe to the channel The penalty is also paid if:

the constructed dwelling does not meet the previously declared quality;
money for the construction was attracted by a person who did not have the right to commit such actions.

The formula for calculating the penalty under an equity participation agreement According to Part.

2 tbsp.

Penalty for delay in renting an apartment under a share agreement

Important

Law No. 214-FZ: “the developer pays a participant in shared construction a penalty (penalty) in the amount of one three hundredth of the refinancing rate Central Bank Russian Federation effective on the day of fulfillment of the obligation, from the price of the contract for each day of delay. If a participant in shared construction is a citizen, the forfeit (penalty) provided for by this part shall be paid by the developer in double size».

It can be calculated independently, using special online services or by contacting specialists. ✔ Independently To calculate the penalty under an agreement concluded with citizens, the following formula: (price of the apartment under the contract) × (number of days of delay) × (refinancing rate) / 150 When calculating the penalty for entrepreneurs and legal entities, the amount of the penalty is halved.

Calculation of the penalty for dd according to 214 fz - rules, formula and calculator

Alexander Marushchenko Senior Associate But in legal practice, the interpretation of laws can be ambiguous. That is why we need lawyers who use all sorts of methods, arguments, evidence and documentary base to make the most advantageous decision in favor of the client.

Therefore, do not rush to immediately collect the first amount that comes across. Based on the specific case, taking into account the timing, periods and different interest rates, it is necessary to calculate the penalty by all possible ways, compare the results and decide how much to require. Important: when calculating, do not overdo it, proceed from the real state of affairs and financial condition developer, and demand a reasonable amount of the penalty. In this case, the court goes towards the plaintiff.

So, here is the main formula for calculating the penalty: CM \u003d SK x 1/300 SR x PP. Now let's look at the notation:

SM is a penalty;
SC - the amount of the contract;
SR - refinancing rate;
PP - the number of days of delay.

Now it is clear that the amount is calculated simply? But there are many nuances, in particular, the refinancing rate parameter.

The rate changes every few years, sometimes more often. In the penalty calculator for 214 FZ, the 2017 calculator uses 8.25 percent of the rate.
In the first half of 2016, it was 11%, and in the second - 10.5% per annum. Without knowing this, the calculated amount would be incorrect, so the virtual penalty calculator for 214 will show the correct result only if the calculation is carried out for a certain period, taking into account the refinancing rate that worked at that time.

Forfeit according to ddu calculation of forfeit

the amount of money paid to the developer;
the presence, reasons for the delay and its duration;
the amount of the penalty and damages.

In most cases, the claims of the plaintiffs are satisfied both in full and in part. Compensation for non-pecuniary damage during the consideration of the case can be reduced, when determining its size, various circumstances that caused inconvenience to the shareholder are taken into account:

long-term elimination of shortcomings of the shared construction object;
refusal of the developer to meet the requirements specified in the claim or inspection sheet.

The developer has the right to force the shareholder to conclude an agreement on the postponement of the transfer of residential premises only if circumstances change significantly (Article 451 of the Civil Code of the Russian Federation).
Article 6 federal law 214 FZ there is no such thing as a key rate. Only the concept of the refinancing rate is used, and therefore there is some confusion when calculating interest on DDU.

The thing is that from 01/01/2016. The Central Bank of the Russian Federation by its Directive No. 3894-U dated 11.12.2015. equated the refinancing rate to the key rate. Thus, from 01/01/2016, the independent value of the refinancing rate for the purpose of calculating the penalty under 214 FZ is no longer applied.

It follows from this: - if the apartment was transferred under the act before 12/31/2015 inclusive, the penalty is calculated at the refinancing rate of 8.25%. - if the apartment was transferred under the act after 01/01/2016, the calculation is made at the key rate.
The specifics of the case have been highlighted in bold type. Similar judicial practice in cases of the Moscow City Court: N 33-7017 of 03/06/2014, N33-757 / 14 of 01/20/2015. The appeal ruling of the Moscow City Court opens by clicking on the image on several pages.

Info

Analysis of additional issues arising in the calculation of 214 FZ. From what price should we calculate: from the price of the DDU or from the price in the assignment (cession) agreement? The calculation is made from the price of the apartment specified in the share agreement, even if it is significantly less than the amount for which you purchased an apartment under an assignment agreement.

There is a logic here that is understandable even to a non-lawyer. Under the assignment agreement, the rights to claim the apartment and other rights under the assignment agreement were transferred to you. After registration of the assignment agreement, the assignor no longer has rights to the apartment, they passed to the assignee (to you) for certain money that you paid for the apartment to the assignor.

From 02/10/2020 Central Bank RF lowered the rate used in the calculation of the penalty, up to 6 percent per annum. Now, the calculation of interest on DDUs again becomes relevant, taking into account the periods of validity of the rates of the Bank of Russia.

We will collect a penalty, a fine, non-pecuniary damage, losses and compensation legal services. Free consultations by tel. 8-903-120-51-06 Daily from 9 a.m. to 11 p.m.

Calculation of DDU according to Federal Law 214

In accordance with the above, the calculation of the legal penalty for the period of delay in obligations will look like in the following way:

Calculation of the state duty, if the value of the claim is more than 1,000,000 rubles:

Delay in calendar days:

Penalty:

Penalty (50% of the amount of the penalty under the RFP):

Forfeit with a fine:

State duty:

Free legal advice on the calculation of penalties, fines, moral damages and losses. 8-903-120-51-06 Daily from 9 a.m. to 11 p.m.

Calculation of DDU according to FZ-214

The formula for calculating the penalty for DDU

Price of DDU x number of days of delay x (rate of the Central Bank of the Russian Federation / 100) x (1/150). There are two variables in the formula: the rate of the Bank of Russia and the number of days of delay under the DDU. Thus, the main attention in calculating the penalty should be given to correct definition the date of the beginning of the delay period, the date of its end and the rates of the Central Bank.

DDU refinancing rate

The legislator in Part 2 of Art. 6 FZ-214 ties the calculation of the DDU to the refinancing rate. From 01.01.2016 The Central Bank of the Russian Federation by its Directive No. 3894-U dated 11.12.2015. equated the refinancing rate to the key rate. From this date, the independent value of the refinancing rate for the purpose of calculating the penalty according to the FZ-214 formula is no longer applicable. It follows that if the apartment was transferred under the act before December 31, 2015 inclusive, the penalty is calculated at the refinancing rate, if after, then the calculation is made at the key rate.

Below in the text we lay out Instruction No. 3894-U dated 12/11/2015, which must be referred to in the claim. The refinancing rate for calculation according to the 214-FZ formula is 8.25%, the key rates are floating and are set by the relevant decisions of the Board of Directors of the Bank of Russia.

Key rates of the Central Bank of the Russian Federation and periods of their validity

Due to the fact that the refinancing rate has lost its relevance, and the key rates of the Bank of Russia are constantly changing, for calculation it is important to know not only their size, but also their validity periods. All rates used to calculate the penalty for DDU are laid out in the following table.

Changes in Central Bank rates by periods

from 01.01.2016 to 13.06.2016 - eleven %
from 14.06.2016 to 18.09.2016 - 10.5%
from 19.09.2016 to 03/26/2017 - ten %
from 27.03.2017 to 01.05.2017 - 9.75%
from 02.05.2017 to 18.06.2017 - 9.25%
from 19.06.2017 to 17.09.2017 - 9 %
from 18.09.2017 to 29.10.2017 - 8.5%
from 30.10.2017 to 12/17/2017 - 8.25%
from 12/18/2017 to 11.02.2018 - 7.75%
from 12.02.2018 to 03/25/2018 - 7.5%
from 26.03.2018 to 16.09.2018 - 7.25%
from 17.09.2018 to 12/16/2018 - 7.5%
from 17.12.2018 to 06/16/2019 - 7.75%
from 17.06.2019 to 28.07.2019 - 7.5%
from 29.07.2019 until 09/08/2019 - 7.25%
from 09.09.2019 to 27.10.2019 - 7%
from 28.10.2019 to 12/15/2019 - 6.5%
from 16.12.2019 to 09.02.2020 - 6.25%
from 10.02.2020 to the present - 6%

Penalty period under the law on shared construction

Determining the start date of the delay for the purposes of correct calculation according to 214 FZ

The delay under the DDU begins on the next day after the date when the apartment was supposed to be transferred to the shareholder. Sometimes developers do not explicitly indicate this date in the contract, which leads the plaintiffs to some difficulties in determining the beginning of the delay period.

The legislator in FZ-214 did not oblige the developer to indicate in the DDU the calendar date of the transfer of the object, therefore, in the contract this period may be tied to some event. Most often this is the date of commissioning. At the same time, developers usually indicate it as indicative, which further confuses participants in shared construction. The share agreement may contain the following: "the apartment is subject to transfer to the share construction participant no later than 90 calendar days after the entry apartment building into operation. At the same time, the estimated date of commissioning is no later than the 4th quarter of 2018.

Let's try to figure it out. The fourth quarter ends on December 31, 2018. 90 calendar days begin to be calculated from 01/01/2019. to 31.03.2019 The handover deadline is Sunday. According to Art. 193 of the Civil Code of the Russian Federation, if the last day of the term falls on a non-working day, the expiration day of the term is the next working day following it. From which it follows that the apartment must be transferred under the act on 04/01/2019, and the penalty will be calculated from 04/02/2019. That's right. However, in practice, the courts rarely bother with finding out on what day the date of transfer of the apartment falls, on a working day or on a weekend. Therefore, the penalty can be specified without taking into account these subtleties. If two dates are explicitly indicated in the DDU: the date of commissioning and the date of transfer of the apartment under the act, then only the last date matters for the purposes of collecting a penalty. The commissioning date specified in the contract does not have practical value and is just a marketing ploy at the stage of selling an object.

Click to view Art. 191 (beginning of term, certain period time) and Art. 193 of the Civil Code of the Russian Federation (the deadline for fulfilling an obligation that falls on a non-working day). If the term for the transfer of the apartment under the terms of the contract falls on a non-working day, therefore, the developer must transfer the apartment on the next working day following it. In particular, in court hearings, lawyers of the developer Rozhdestvenno LLC constantly pay attention to this, because. according to the DDU, the transfer of apartments in the residential complex "Mir Mitino" often falls on a non-working day.

At the same time, in most cases, our lawyers manage to convince the court that the penalty must be collected from the day following the date when the apartment must be transferred under the terms of the DDU, regardless of whether it is a working day or a non-working day.

Determining the start date of the delay period for settlements in the most confusing DDUs

There are a number of especially cunning developers who make up the DDU in such a way that it is difficult for equity holders to determine it correctly on their own. As an example, let's take the developer JSC MFS-1. In the equity participation agreement, the term for the transfer of an apartment under the deed of transfer is defined as follows. We will indicate arbitrary dates and reduce the extra text to make it easier to calculate the dates.
clause 5.1.8. The deadline for commissioning the house is no later than December 31, 2018.
clause 5.1.9. Not later than two months from the date of commissioning, the developer undertakes to transfer the apartment under the act.
clause 5.1.10 Not later than two months before the expiration of the transfer of the shared construction object, notify the participant of the change in the transfer of the apartment.
clause 5.1.12 Upon the occurrence of the event provided for in clause 5.1.10, the parties agreed on a six-month period calculated from the date specified in clause 5.1.8 of the agreement as an additional period necessary for the developer to transfer the apartment.

With such a rather cunning manipulation, the developer lured several months of a penalty from the equity holder. The appeals of the plaintiffs were repeatedly considered in the appellate courts, but all the judicial boards were on the side of the defendant. Links to Art. 190 of the Civil Code of the Russian Federation does not work here. This is wrong in our opinion. In our opinion, the parties have not agreed on a six-month period. The term according to the Civil Code of the Russian Federation is determined by an indication of an event that must inevitably occur. Notification is obviously not such an event. It may or may not be directed. At the same time, the quality work of the developer's contractors is crossed out by the poor work of its other divisions. The developer often sends notifications with errors in the addresses of equity holders. Such mistakes come out sideways to him in the courts.

From this, two conclusions can be drawn. Read the DDU carefully when buying an apartment so that the developer cannot steal several months of the penalty from you. Hire experienced lawyers who can notice the slightest mistakes of the developer in the execution of the DDU in order to turn the case in court in favor of the plaintiff.

The correct determination of the beginning of the delay period is the key to a correctly drawn up claim and statement of claim. An error in determining the beginning of the delay affects the amount of money recovered from the developer in court.

File a claim before signing the act of acceptance and transfer of the apartment or after?

To file a claim, you do not need to wait for the signing of the act of acceptance and transfer of the apartment. If the apartment has not yet been transferred under the act, the penalty in the process of moving the case changes several times. The lawyer approaches this in the following way. The first time the penalty is calculated in the claim, on the date it is sent to the developer. The second time is indicated in the claim and is calculated on the date of its filing with the court expedition. The third time the lawyer specifies the penalty on the date of consideration of the claim on the merits or on the date of signing the act, depending on which event occurs earlier. Thus, the delay period is constantly increasing in the course of the case in the court of first instance.

Let's illustrate with the following example. Let's say today is 09/30/2019. and on this day, the developer, under the terms of the DDU, must transfer the apartment. The settlement department promises to hand over the apartment by December 31, 2019. Without waiting for the signing of the act, a month later we turn to a lawyer for disputes with developers. The trial lawyer immediately sends, calculating the penalty on the date of its direction. Ten days later, he files a lawsuit with the court, calculating the penalty on the date the lawsuit was filed with the court expedition. In 1-1.5 months the court will appoint a preliminary hearing, in another 1-1.5 months it will consider the claim on the merits. When the court considers the claim on the merits, the lawyer clarifies the claims as of the date of the court session. We summarize. It turns out that the court will consider the claim at best 3 months after the filing of the claim. In our example, in January 2020. If during this period of time the plaintiff signs the act of acceptance and transfer of the apartment, therefore, the lawyer will clarify the penalty on the date of the act. If the act is not signed, the court will collect a penalty on the date of the court session. It turns out that if the apartment has not yet been transferred under the act, the penalty in the process of moving the case increases several times. What does such a scheme give to a participant in shared construction? Opportunity to receive money earlier. If you first sign the act, and then file a lawsuit in court, the receipt of money is shifted in time for the duration of the court case. During this time, the developer can withdraw money from their accounts. Therefore, it is better not to take risks. Let the case in court move in parallel with the completion of the house.

Since the delay in filing a claim adversely affects the participants in shared construction, we will devote a little more time to this issue. Let's dwell on three points in favor of filing a claim before signing deed of transfer.

First moment. The developer, knowing that the equity holder could not stand it, will try to transfer the apartment to him as soon as possible in order to reduce the delay period. Typically, such equity holders get an apartment before others. The developer's lawsuit on such equity holders is harassing the settlement department in order to report in court that they have already transferred the apartment. In addition, there are fewer significant shortcomings during the inspection than with "patient equity holders". The developer does not need the delay period to be extended by the period for the elimination of deficiencies.

Second moment. If the claim is filed before the signing of the act, in the eyes of the judge weakest side is a debtor. It turns out that the developer did not transfer the apartment and still does not want to pay a penalty! If the claim is filed after the signing of the act, then the weakest party is already the developer. It turns out that the shareholder got an apartment, and now he also wants to get money. What can it affect? On the degree of reduction of the penalty under 333 of the Civil Code of the Russian Federation. If you file a claim before signing the act of acceptance and transfer of the apartment, the degree of reduction of the penalty will be statistically lower than if you file a claim after signing it.

The third and most important point. Sooner or later, any developer stops paying on writ of execution. The developer is not a bank, it is not necessary for him to keep money in his accounts to complete the construction of the house. Gradually, the developer transfers money from his accounts to the accounts of the contractor. The contractor continues to build, and the money in the developer's accounts is melting every day. They are washed out by plaintiffs who filed their lawsuits before you. Such a process, for a number of reasons, is slow, but sooner or later the money on the developer's accounts ends. It is logical that it is possible to receive money under a writ of execution, if you do not hesitate for a long time, but file a lawsuit immediately after the start of the delay under the DDU. In this sport, who is ahead of whom, either the developer's shareholder, or the shareholder's developer. The earlier the writ of execution is submitted to the bank, the better, from the point of view of the execution of the court decision.

Delay in filing a claim before signing the acceptance certificate is a handicap to the developer, in the form of additional time given to him to withdraw funds from his accounts. This leads to an increased risk of non-payment under the writ of execution.

Excerpts from the law on shared construction 214-FZ on the calculation of the penalty with notes from the court lawyer for DDU

Click to see:

Part 1 Art. 12 FZ-214.

Full text of Directive of the Central Bank of the Russian Federation No. 3894-U.

An instruction from the Bank of Russia that equated the value of the refinancing rate to the key rate for the purposes of calculating the penalty.

It can be referenced in pre-trial claim when calculating the penalty for DDU.

How to correctly calculate according to the formula 214 of the Federal Law, on the date of fulfillment of the obligation or on the periods of validity of the rates of the Central Bank of the Russian Federation?

It is best to follow the current judicial practice the court in which the claim will be filed. Some judges adhere to the point of view that according to the periods of validity of key rates, the other, that on the date of fulfillment of the obligation. A lawyer who is constantly suing for penalties knows what practice has developed in a particular court. Therefore, before sending a claim to the developer, it is worth asking him about it. We provide free consultations on such matters. 8-903-120-51-06 daily from 9 a.m. to 11 p.m. If the court has not developed an unambiguous practice on this issue, then you can be guided by the following approach.

When choosing between two methods of calculation, give preference to the one where the amount of the penalty will be greater. It makes no sense to do two calculations on your own. It is more convenient to use ours. The program will make two calculations, compare them with each other and display the one in which the amount of the penalty will be the largest. In this case, the user can switch to manual mode and calculate the penalty in any of two ways. If the judge has questions about why the calculation is made in this way, the lawyer will justify either of these two positions.

The key rate is constantly in motion, periods of growth are replaced by a fall and vice versa. To quickly determine the calculation method in which the penalty will be maximum, it is advisable to use. If you leave the option "at the discretion of the calculator", the program will calculate according to two options and display the one where the amount of the penalty will be greater.

Below is the decision of the Golovinsky District Court on our claim. The decision has entered into force. Judge Zhilkina T.T. agreed with the arguments of our lawyer and included in the court decision our calculation of the penalty for the periods of validity of the rates of the Central Bank of the Russian Federation. The full decision can be viewed on the website of the Golovinsky Court at court case number 2-4178/18. In this case, we recovered from the developer 100% of the forfeit and fine without any reduction. The client was very pleased with our work.

The court may agree with the arguments of the lawyer in the following cases. If the shortcomings of the apartment were significant and prevented settlement. If there is evidence of notification of the developer about the shortcomings identified by the interest holder. If there is evidence confirming that the plaintiff did not evade acceptance of the apartment. If there is expertise. At the same time, it is not necessary for the recognition of a unilateral aka to be invalid, the fulfillment of all the indicated "ifs". For example, in the said court case, the recognition of a unilateral act as invalid was done without an examination.

An example of calculating the penalty under the law on shared construction

Let's say:

cost of the apartment: 8,940,000 rubles.
handover date: 30.11.2017
act signed: 15.04.2019

The resulting calculation is copied into the claim, and then into the statement of claim.

from 04/01/2017 to 01.05.2017 RUB 8,940,000 00 kop. x 31 x 9.75% x 1/150 = 180,141 rubles 00 kop.
from 02.05.2017 to 18.06.2017 RUB 8,940,000 00 kop. x 48 x 9.25% x 1/150 = 264,624 rubles 00 kop.
from 19.06.2017 to 17.09.2017 RUB 8,940,000 00 kop. x 91 x 9% x 1/150 = 488,124 rubles. 00 kop.
from 18.09.2017 to 29.10.2017 RUB 8,940,000 00 kop. x 42 x 8.5% x 1/150 = RUB 212,772 00 kop.
from 30.10.2017 to 12/17/2017 RUB 8,940,000 00 kop. x 49 x 8.25% x 1/150 = 240,933 rubles 00 kop.
from 12/18/2017 to 11.02.2018 RUB 8,940,000 00 kop. x 56 x 7.75% x 1/150 = 258,664 rubles 00 kop.
from 12.02.2018 to 03/25/2018 RUB 8,940,000 00 kop. x 42 x 7.5% x 1/150 = RUB 187,740 00 kop.
from 26.03.2018 to 16.09.2018 RUB 8,940,000 00 kop. x 175 x 7.25% x 1/150 = RUB 756,175 00 kop.
from 17.09.2018 to 12/16/2018 RUB 8,940,000 00 kop. x 91 x 7.5% x 1/150 = RUB 406,770 00 kop.
from 17.12.2018 to 15.04.2019 RUB 8,940,000 00 kop. x 120 x 7.75% x 1/150 = RUB 554,280 00 kop.

Final values:

overdue period: 745 days.
penalty: 3,550,223 rubles. 00 kop.
fine: 1,775,111 rubles. 50 kop.
state fee when filing a claim: (3,550,223 rubles 00 kopecks - 1,000,000 rubles 00 kopecks) x 0.5% = 12,751 rubles. 11 kop.

Our judicial practice without reduction under 333 of the Civil Code

As the defendant did not try, the court listened to the representative of the plaintiff and recovered the penalty from the developer in full.

Blitz on the issues of calculation under the law on equity participation 214-FZ

The act of acceptance and transfer of the apartment is signed: the calculation of the penalty under the DDU is made on the date of its signing.
Putting the house into operation does not stop the delay.
The act is not signed: the calculation is made on the date of signing the claim. AT statement of claim the calculation is made on the date of signing the claim. As of the date of the court session, the claims are clarified by filing a motion to increase the claims (Part 1, Article 39 of the Code of Civil Procedure).
From what day to consider the penalty: the penalty is calculated from the day following the day when the developer was supposed to hand over the apartment. If the deadline for the transfer of the apartment is March 1, the act is signed on March 3 - the delay is two days.

Penalty Dictionary
concept key rate - this is the amount of interest at which the Central Bank of the Russian Federation gives loans commercial banks for a week, and for which he accepts money for a deposit. See the value of the rate in the section in this article. From 01/01/2016, this indicator is used for calculation according to Federal Law-214.
Refinancing rate- the amount of interest payable by the Central Bank on loans issued. It has now lost relevance for the purposes discussed in this article. It can be used only in cases where the apartment was transferred under the act until December 31, 2015 inclusive.

Useful links on the topic of questions about settlements under the law on equity participation 214-FZ

About how to use it correctly

See the results of our work in courts of general jurisdiction for the recovery of penalties from developers, in particular court decisions and writ of execution, you can in the review.

Recovery through the courts of general jurisdiction is not the only way to get money from the developer. Chapter 24 Civil Code provides a participant in shared construction to make some maneuver with his right to a penalty. The essence of this maneuver is to change the jurisdiction of the dispute from a court of general jurisdiction to arbitration. If the equity agreement allows this, in some cases it may provide an opportunity to obtain a more predictable result. With ours court decisions for recovery of damages through court of Arbitration can be found in the article. AT said article this issue is discussed in detail.

About our prices and the procedure for providing legal services in the article:

Have you lost interest in the object of shared construction and want to get back the money invested? This is real. In this case, you can not only return the amount of your investment, but also the interest for using your money. In addition to interest, the interest holder can also count on a fine under the ZZPP. This topic is covered in more detail in our legal review. This is quite profitable, because. the amount of penalties in the calculation may, in certain cases exceed the price of the contract itself.

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First the best

2 months ago

I called your phone number to get help in calculating the delay, I was offered to read carefully all their articles and think)) Calculated))

Administrator

Elena

1 month ago

good day, Elena! Perhaps the lawyer at that moment was in court. In such situations, we ask you to call back or use the calculator posted on the site. It happens when a participant in shared construction asks a question that is discussed in detail in one of the sections of our website. Then the court lawyer explains in which section of the site the situation of the equity holder is analyzed and then asks to call back if something is not clear.

4 months ago

Good evening! Is it necessary to wait for the signing of the deed of transfer in order to send a claim for a penalty to the developer? In this case, how to correctly calculate the DDU?

Administrator

Elena

4 months ago

The claim must be sent without waiting for the signing of the deed of transfer. In the claim, calculate the penalty on the date of its sending. On the date of consideration of the claim, clarify the claims in the direction of their increase.

Unilateral .NET act

On the ways of invalidating a unilateral act with examples from our judicial practice.