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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:
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- In case of delay in the delivery of the property, the construction company must pay compensation to the buyer equivalent to the monthly rental value of the asset until the keys are effectively delivered.
- The compensation is due regardless of proof of damage, as the harm is presumed.
This binding precedent has standardized decisions across the country, providing security to consumers and reducing divergent interpretations.
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.
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 ..
Notícia velha.