Delayed Apartment Delivery: When Are You Entitled to Compensation?
New Contractor Purchase 01.06.2026 4 min read

Delayed Apartment Delivery: When Are You Entitled to Compensation?

Adv. Eliram Elgarably
Written by Adv. Eliram Elgarably Real Estate Law Specialist practicing since 2013

Late delivery of a new apartment is highly frustrating for buyers, who must bear double housing expenses (rent and mortgages). The Sale Law provides structured rights for automated financial compensation.

The Grace Period and Retroactive Compensation

Under the law, developers have a 60-day grace period beyond the contractual delivery date. However, if the delay exceeds 60 days, the developer must pay compensation retroactively starting from day one of the delay.

Calculating the Statutory Compensation

The law mandates compensation based on the market rent of a comparable apartment in the same area: 1. For the first 8 months of delay: Monthly payment equal to **150%** of market rent. 2. From the 9th month onward: Monthly payment equal to **125%** of market rent.

Developer Attempts to Bypass Liability ("Force Majeure")

Developers often insert broad clauses exempting them from delays caused by events beyond their control (labor shortages, municipal delays, wars). However, courts interpret these clauses very restrictively, holding developers liable unless they prove diligent preventive actions.

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