Write on the force majeure. Can developers stop building through war

After all, even in Kiev, from which the Armed Forces were driven out of enemy forces at the end of March, about a third of residential complexes under construction remain frozen since late February, as writes Focus in his new review "Money now, the apartment - then. Can buying housing be returned Money for the Long Building ”.

Maxim Colleba, lawyer, partner of ASA Group Law Firm, notes that in the current situation, many developers justify the delay of the duration of the housing in operation by the letter of the Chamber of Commerce 7. 1, where Russia's military aggression against Ukraine is recognized as force majeure.

However, the interlocutor of focus draws the attention of investors to the fact that the presence of force majeure is released from responsibility for delayed fulfillment of obligations in the form of penalties and penalties for the period of such circumstances. No force majeure that developers can speculate, does not remove the duty to build an object of real estate, put it in operation It is a bought apartments for investors.

Ivan Topora, a senior lawyer of the De-Jure State Administration, states that it is not enough for the developer to simply refer to a Russian invasion as a force majeure-it is necessary to obtain the corresponding conclusion of the Chamber of Commerce and Industry. On the other hand, the war factor in Ukraine is not regarded as force majeure. In order to confirm it, there should be a direct impact on the specific project of the developer of the circumstances of majeure - hostilities, etc.

The next important point is the duration of the force majeure. For example, according to Ivan Toporas, in late February in some regions, only military or humanitarian transport could be transmitted in some regions, which, for example, could block work at the construction site. In this case, confirmation of the force majeure can only be obtained for the period of such prohibitions.

Also, the location of the construction site in the occupied territory, according to the interlocutor of the focus, is a force majeure only for the period of occupation before the release and restoration of transport connection.

So, if you summarize the focus presented in the focus inspection, we can draw the following conclusions about the justification of Ukrainian developers by factors of force majeure: "The kissing of the projectile in the construction object is the loss of the developer, which must rebuild the destroyed parts of the house.

The customer responsible for the object of construction remains responsible for the construction object, and all losses are not entrusted to him, and all the losses are relied on by the customer, and all losses are not transferred to the management of the condominium, and the apartments and non -residential premises. According to the interlocutor of the focus, the construction period in this case can only be extended for the time required to restore the object after destruction.