Will there be compensation for the delayed delivery of the epidemic?

Whether there will be compensation for the delay in delivery due to the epidemic situation depends on different situations:

1. If the developer really delays the delivery of the house due to the COVID-19 epidemic, the developer will not be responsible, and the owner cannot claim compensation from the developer on this ground;

2. If yes, but if the developer fails to meet the requirements, or the delivery has been delayed before the outbreak, or the delivery has been delayed due to management, construction units and other reasons after the outbreak is lifted, the buyer can claim compensation from the developer.

The handling methods of delayed delivery of houses are as follows:

1, review relevant supporting materials. When handing over the house, the buyer should check whether the developer has handled the comprehensive acceptance record certificate, that is, the completion acceptance record form and other materials. In practice, some developers, in order to avoid the liability for breach of contract for delaying delivery, notify buyers to move in when the house has not actually reached the occupancy conditions. Property buyers should pay attention to whether water, electricity and gas are connected, whether the basic occupancy conditions are met, and whether the planning is changed without authorization. At the same time, the developer should be required to show the comprehensive acceptance record certificate of commercial housing, and provide the quality guarantee of commercial housing, commercial housing instructions and other materials. Otherwise, the purchaser has the right to refuse to accept the house, and the resulting responsibility for delaying the delivery of the house shall be borne by the developer;

2. Force majeure is not completely exempted, such as the reasons for delaying the delivery of the house to non-developers, but it is not necessarily exempted from liability for compensation. Developers have various explanations for the delay in delivery, such as bad weather and changes in residential design. , thus refusing to bear the liability for breach of contract for delayed delivery on the grounds of non-developer.

But non-developer reasons are not equal to force majeure;

3. Keep relevant evidential materials. Buyers should pay attention to keeping relevant evidence materials. In the event of a dispute over delayed delivery, on the one hand, buyers should collect the relevant evidence of developers' delayed delivery, on the other hand, they should keep the evidence of additional losses caused by delayed delivery;

4. Limitation of action. In view of the uncertainty of the delayed delivery time, the buyer should pay attention to the limitation of action. Property buyers should claim compensation from the developer for the loss of delayed delivery within two years from the agreed delivery date. If the above rights are claimed to the developer within the limitation period, the new limitation period will be recalculated for two years from the date of independence.

To sum up, the epidemic situation is one of force majeure, so the delay in delivery during the epidemic situation is an exemption situation, not a subjective breach of contract by the parties, so there will be no compensation. The sources of force majeure include both natural phenomena, such as earthquakes and typhoons, and social phenomena, such as military operations.

Legal basis:

Article 180 of the Civil Code of People's Republic of China (PRC)

Those who fail to perform their civil obligations due to force majeure shall not bear civil liability. Where there are other provisions in the law, those provisions shall prevail. Force majeure is an unforeseeable, unavoidable and insurmountable objective situation.