Almaty Resident Wins 10.5 Million Tenge from Developer for Delayed Handover

An Almaty resident who fully paid for an apartment, a non-residential unit, and a parking space has won more than 10 million tenge from the developer through court for missing the handover deadline. The news was reported by infohub.kz.

According to the Supreme Court's Telegram channel, back in 2021 the Almaty resident signed preliminary agreements with the developer to purchase an apartment, a non-residential unit, and a parking space. He paid the full price for these properties.

"The developer undertook to complete construction and sign the main purchase agreements by the end of 2023. However, the facility was actually commissioned only in October 2024. The acceptance certificates were signed in January 2025, and the main purchase agreements were concluded in March 2025," the court said.

As a result, the buyer went to court, citing the developer's failure to meet the deadlines for commissioning the facility and concluding the main agreements, and demanded a penalty for the delay in fulfilling obligations.

The first-instance and appellate courts dismissed the claim, reasoning that Article 353 of the Civil Code did not apply to the dispute because the original obligation was not monetary and, after the main agreements were signed, the obligations under the preliminary agreements terminated.

"The Cassation Court for Civil Cases disagreed with this approach. The court noted that concluding the main agreement does not release the developer from liability for violations committed before its conclusion. The buyer fully and timely fulfilled his payment obligations, while the developer violated the deadlines for commissioning the facilities and concluding the main agreements," the Supreme Court added.

It is specified that the contracts provided for the developer's liability: for each day of delay, the seller accrues a penalty of 0.1% of the property value, but not more than 10%.

The Cassation Court explained that a penalty is a form of liability for improper performance of an obligation, including for missing deadlines. The non-monetary nature of the original obligation does not deprive the buyer of the right to receive a penalty.

As a result, the judicial acts of the first-instance and appellate courts were overturned, and a new decision was issued to recover 10.5 million tenge in penalty.