Those Who Buy Properties Off-Plan and Do Not Receive Them on Time Are Entitled to Rental Compensation; Amounts Can Exceed R$ 1,500 Per Month Until the Keys Are Delivered

Written by Valdemar Medeiros

Published on 13/09/2025 at 12:23

Foto: STJ confirma: quem compra imóvel na planta e não recebe no prazo tem direito a indenização por aluguel; valores podem ultrapassar R$ 1.500 por mês até a entrega das chaves

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STJ Confirms: Delay in Delivery of Off-Plan Property Generates Compensation for Rent, with Amounts That Can Exceed R$ 1,500 Monthly Until Keys Are Delivered.

The dream of homeownership or a real estate investment can quickly turn into a headache when the construction company fails to meet the delivery deadline. Delays in the delivery of off-plan properties are one of the most recurring issues in Brazilian courts, leading thousands of buyers to seek justice. The Superior Court of Justice (STJ) has established that the harmed buyer is entitled to receive monthly compensation equivalent to the market rental value of the property until the keys are delivered. This compensation is known as lost profits, meaning the gain that the buyer has missed due to the construction company’s breach of contract.

What the Law and Jurisprudence Say

The law is supported by the Civil Code, which in its article 389 states that contractual default generates the obligation to compensate.

In 2019, the STJ, when judging Theme 971 in a repetitive appeal, established a clear thesis:

ARTICLE CONTINUES BELOW

Average Compensation Amounts

The courts have assessed compensations based on the market rental value of the purchased property. In properties of average standard, this tends to be around R$ 1,200 to R$ 1,500 per month, potentially higher in high-end apartments in capitals like São Paulo, Rio de Janeiro, and Brasília.

Moreover, the buyer can accumulate compensation with other claims, such as:

Return of brokerage fees when irregular;
Penalties for abusive clauses;
Review of construction interest paid beyond the promised deadline.

Practical Examples of Decisions

In 2022, the TJSP ordered a construction company to pay R$ 1,800 per month as rent to a couple waiting for the delivery of a property in Santo André, delayed for more than a year.
In 2023, the TJDFT upheld a ruling that set R$ 1,500 per month in compensation to a buyer harmed in a development in the Federal District.
The STJ has already confirmed that even delays of less than 12 months generate the right to reimbursement.

Impacts for Consumers and Construction Companies

For consumers, the decision represents a concrete protection against losses. Without compensation, many end up bearing double costs: the payment of ongoing financing and the rent of another property to live in.

For construction companies, the STJ’s understanding is a warning: delays cannot be passed on to the buyer. Besides losing credibility in the market, the financial impact can be significant in developments with hundreds of units.

The attorney specialized in real estate law Marcelo Tapai states:
“When negotiating an off-plan property, the buyer has no guarantee, as the discussions are based solely on a promise of future purchase and sale, since the property is yet to be built.” – Infomoney 2013

Justice Against Unjustified Delays

The STJ’s position shows that the buyer is not left unsupported in the face of construction companies. The message is clear: those who do not deliver on time must compensate.

For anyone who has purchased an off-plan property and is facing delays, knowing this right may mean recovering significant amounts — which in many cases exceed R$ 1,500 monthly, until keys are effectively delivered.

More than just compensation, it is about ensuring that the dream of homeownership does not turn into a financial nightmare.

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Alicia

#175881

18/09/2025 23:50

Mentira..caso a construtora tenha falência decretada, nenhum comprador vai receber..as dívidas trabalhistas, Receita Federal, dívidas estaduais e municipais irão comer o pouco patrimônio da empresa ..já passei por isso ..

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Norival

#174353

13/09/2025 22:29

Notícia velha.

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Those Who Buy Properties Off-Plan and Do Not Receive Them on Time Are Entitled to Rental Compensation; Amounts Can Exceed R$ 1,500 Per Month Until the Keys Are Delivered

STJ Confirms: Delay in Delivery of Off-Plan Property Generates Compensation for Rent, with Amounts That Can Exceed R$ 1,500 Monthly Until Keys Are Delivered.

What the Law and Jurisprudence Say

Average Compensation Amounts

Practical Examples of Decisions

Impacts for Consumers and Construction Companies

Justice Against Unjustified Delays

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Those Who Buy Properties Off-Plan and Do Not Receive Them on Time Are Entitled to Rental Compensation; Amounts Can Exceed R$ 1,500 Per Month Until the Keys Are Delivered

STJ Confirms: Delay in Delivery of Off-Plan Property Generates Compensation for Rent, with Amounts That Can Exceed R$ 1,500 Monthly Until Keys Are Delivered.

What the Law and Jurisprudence Say

Average Compensation Amounts

Practical Examples of Decisions

Impacts for Consumers and Construction Companies

Justice Against Unjustified Delays

The Soviet Union spent 22 years drilling into the Earth’s crust and reached a depth of 12,262 meters — they found water where it was thought impossible, hydrogen bubbling from the rock, granite that is 2.7 billion years old, and temperatures of 180 degrees that melted the drill bits.

Ethiopia has banned gasoline and diesel cars, placed over a hundred silent electric buses on the streets of Addis Ababa, and now aims for half a million electric vehicles by 2030, all powered by Africa’s largest dam and a courage that few countries have shown.

Egypt wants to draw 10 million cubic meters of water from the Nile per day into the desert, irrigate a new agricultural frontier, and build a city where there is currently only sand.

Norway is drilling 27 kilometers of rock 392 meters below the bottom of a fjord to build the world’s largest and deepest underwater road tunnel — when completed, a 21-hour journey will be reduced to 10.

An astronaut spent 340 days in space while his twin brother stayed on Earth, and NASA found a “rejuvenating” effect, genes, microbiome, cognition, and immune system that revealed the biological cost of living outside the planet.

Chinese engineers begin filling a 217-meter dam at an altitude of 3,000 meters and prepare a 2,240 MW hydroelectric power plant to integrate hydropower, solar, and wind energy in the upper Jinsha.

After 14 years of construction and a diplomatic crisis that nearly led to a military confrontation over control of the Nile, Ethiopia inaugurated the largest hydroelectric power plant in Africa — the dam is 170 meters high, holds 74 billion cubic meters of water, and generates 5,150 megawatts.

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