Off-plan property · Delivery delay

Is your construction delayed? Know your rights

Has the contract date plus the grace period of up to 180 days passed? The law gives the buyer two options: cancel the contract or continue and receive compensation. See how each one works.

Information based on the lawAttorney-client confidentialityService via WhatsApp

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When the delay counts

Add the contract term to the grace period

The law allows the contract to provide a grace period of up to 180 calendar days after the scheduled completion date, as long as this clause is written clearly and prominently. Within this period, the builder pays no penalty and the buyer cannot cancel the contract because of the delay.

Up to the contract dateNormal construction period.

Up to 180 days laterGrace period, if clearly provided for.

Past thatDelay: a buyer who is up to date with payments can demand their rights.

Source: Law 4,591/1964, art. 43-A, added by Law 13,786/2018.

Your rights

After the grace period, you choose the path

If the delay was not caused by the buyer, the law provides two options. They cannot be combined: either the contract is undone, or the deal is kept with compensation.

Path 1

Cancel the contract

Refund of all amounts paid, without deductions by the builder.
Payment of the penalty set in the contract.
Within up to 60 calendar days of the withdrawal, with adjustment for inflation.

Path 2

Keep the property

Compensation of 1% of the amount actually paid, per month of delay, calculated daily.
Amount adjusted by the contract index and paid when the keys are handed over.
It applies to buyers who are up to date with their installments.

Sources: Law 4,591/1964, art. 43-A, §§ 1 to 3; STJ Precedent 543 (immediate and full refund when the seller is at fault).

Points the contract may hide

What else is worth checking

Penalty only against the buyer. If the contract provides a penalty only for the buyer's delay, the STJ ruled that it must serve as the basis for compensating the buyer when the builder is the one that is late (Theme 971).
Penalty or rent. A late-delivery penalty equal to one month's rent, as a rule, is not added to lost profits (Theme 970). When the penalty is much lower than the rent, the STJ has allowed claiming lost profits instead (REsp 2,025,166, 3rd Panel, 2023).
Minha Casa, Minha Vida. In these contracts, the STJ held that the delivery deadline cannot depend on financing, that the buyer's loss is presumed and compensated as monthly rent, that construction interest cannot be charged after the deadline, and that the construction index gives way to the IPCA during the delay, unless the latter is worse for the consumer (Theme 996).
Who terminates the contract. On the termination path, the STJ held that lost profits are not presumed, because the refund adjusted with interest already restores the amount paid (REsp 1,881,482, 4th Panel, 2024).

Each contract has its own clauses, and the outcome depends on the evidence and the specific case. This page provides general information and does not replace a review of your contract.

Case review

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Common questions

Frequently asked questions

The builder blamed the delay on rain or lack of materials. What now?

The justification must be checked against the contract, the schedule and the notices sent to the buyer. Keep all messages and emails from the builder and send them for review.

Can I stop paying the installments?

Don't do this without guidance. The 1% monthly compensation applies to buyers who are up to date, and stopping payments can have consequences for the contract.

I've already received the keys. Can I still claim something?

It may. Compensation for the delay covers the period between the end of the grace period and delivery. The analysis checks dates, payments and what the contract provides.

I live in another city or outside Brazil. Does the service work?

Yes. The firm serves clients throughout Brazil and abroad, via WhatsApp and video calls, with documents sent through the website.

What documents should I gather?

Purchase agreement and amendments, payment receipts or statement, builder notices about the deadline, construction interest slips, if any, and the key handover document, if you have already received it.

Next step

Prefer to start with the documents?

Send the contract and receipts through the website. The team receives the files in a folder with your name and gets back to you on WhatsApp.

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