How to take part in the renovation of the facade. Transfer of an apartment under a shared participation agreement

The purchase of an apartment in a new building is carried out after checking the developer, analyzing his documents and partners, the progress of construction and other parameters. At the same time, before concluding a contract, the buyer is recommended to obtain information about the method of completing the transaction and assess its reliability, and resolve the issue with the bank when raising borrowed funds.

Buying an apartment, including in a new building, is a risk. The developer can go bankrupt, deceive by concluding several transactions for one object, and delay construction. In short, the dangers are no less than when choosing housing on the secondary market. Therefore, the main thing you need to know when buying an apartment in a new building from a developer is the list of documents that must be available, the optimal form of the contract that most fully protects the interests of the buyer, probable risks and ways to mitigate them.

So, the first thing you should pay attention to when buying a new building is the readiness of the house. If the construction is active, there are builders and working equipment on the site, most of it has already been built, there is a possibility that the developer will complete his job. This indicator is quite arbitrary, since construction can “collapse” at any time.

It is also recommended to evaluate the investment attractiveness of the apartment. It is expressed in a combination of parameters: distance from transport links, availability of infrastructure, parking, green areas, territory improvement plan. If the property is literally located in a field, people will not buy apartments there due to numerous restrictions. This means that the house can turn into long-term construction.

Good reviews about developers and contracting companies involved. Usually in large cities there are the same developers that everyone knows about. Such companies are stable, always complete construction, and do not deceive shareholders. You can ask questions about the company’s activities at a personal meeting with sales managers.
Choice of contract. Using this criterion, you can assess the reliability of a potential counterparty. Various schemes used by developers to evade taxes and other frauds do not add weight in the eyes of the buyer.
, its documents and other parameters.

Note! The number of defrauded shareholders in Russia has halved over five years (as of 2016).

Normative base

The main document that regulates the relationship between the developer and the buyer is Federal Law No. 214 of December 30, 2004. This law contains rules governing the activities of the developer, the procedure for concluding an agreement for shared participation in construction, and the requirements for its content.

The following information may also be useful:

for a purchase and sale agreement - Chapter 30 of the Civil Code of the Russian Federation, which regulates this area of activity;
preliminary agreement - Chapter 27 of the Civil Code of the Russian Federation (Article 429);
when raising borrowed funds secured by a mortgage of real estate - Federal Law dated July 16, 1998 No. 102-FZ “On Mortgages”;
other provisions of the Civil Code governing certain situations (failure to fulfill obligations, termination of contract, etc.).

What documents should the developer have?

Art. 20 Federal Law No. 214 determines what documents are needed when purchasing a new building. Conventionally, they can be divided into two groups: those that the developer must and can provide to the buyer. In the first case, their list consists of papers that are necessary to attract funds from private individuals. They are usually freely available and posted on company websites. The second group assumes the possibility of providing documents upon request; their disclosure is not established by law.

Table 1. Documents and information that the developer must have to provide to the buyer

*Documents and information required to be provided*	*Documents provided upon request*
About the name, location, opening hours, contact phone number, official website, manager and commercial name.	Charter
Certificate of registration as a legal entity.	Charter
List of participants with more than 5% of votes in the governing body.	TIN
Information on membership in self-regulatory organizations (SROs).	TIN
Financial result of the current year.	Accounting statements for 3 years
List of completed projects.
Construction permit.
Project declaration.	Audit results
Documents for land.	Audit results

What documents should the buyer have?

To conclude an agreement, documents confirming the buyer’s identity and income will be required. The developer needs the latter to ensure solvency.

So, the buyer will need:

passport;
spouse's consent to purchase;
a lending agreement concluded with a bank (when raising borrowed funds);
income certificates.

Transaction procedure

Step-by-step instructions for conducting a transaction look like this:

checking the selected object - apartment and house, the pace of construction;
verification of the developer;
preparation of documents;
preparation of documents with the bank, if it is involved;
signing an agreement with the developer;
registration of the agreement in Rosreestr.

The buyer implements these procedures independently or engages a knowledgeable intermediary - a real estate agent.

After all activities are completed, the buyer continues to make payments on the loan or installment plan provided by the developer and waits for the completion of construction and transfer of the apartment.

Types of contracts when purchasing an apartment in a new building

The execution of a transaction can be carried out using different agreements. All of them are legal, but have different risks for the buyer. In general, registration issues when purchasing an apartment in a new building are of great importance, since they create the danger of losing money.

The ideal option is an agreement on shared participation in construction. It is provided by law and most fully protects the parties to the transaction. It provides for the developer's liability for violation of deadlines and other forms and methods of improper fulfillment of obligations. In addition, the agreement is registered with Rosreestr, which eliminates the possibility of double sales. .

Note! It is likely that in the coming years the form of equity participation will be replaced by project financing. According to this idea, it will be possible to buy an apartment only in a ready-made house, which will reduce the number of risks to a minimum, but will increase the cost of housing.

The third method is preliminary equity participation and purchase and sale agreements. These forms are used at any stage of construction. For example, the company has not yet received a construction permit, the state examination has not been completed, but money is needed to implement the project. It is impossible to conclude an equity participation agreement under such conditions, therefore preliminary agreements are used. They can be considered one of the worst options for processing a transaction. The seller’s obligations under such forms are limited to the conclusion of the main contract in the future. If he refuses or begins to evade, then the buyer will have to be forced through the court to sign the agreement and only after that demand the transfer of ownership. In this case, the buyer pays money according to a preliminary agreement, but acquires the right to demand not the apartment, but the conclusion of the main contract.

A significant disadvantage of all preliminary agreements is the lack of mandatory state registration. Therefore, the risk of double sales is added to the risks listed above.

There are also such methods of acquiring real estate as mutual funds, investment activities, and cooperatives.

Whatever agreement is chosen, it must indicate comprehensive information about the object, terms of transfer, price, procedure for depositing money, and the responsibility of the parties for violation of obligations, especially the developer.

Procedure for concluding an agreement

Depending on the specifics of purchasing an apartment, the procedure for signing the agreement will differ.

For a mortgage

When raising borrowed funds from a bank, secured by real estate collateral, formalizing relations with the developer will have the following features:

preliminary conclusion of a loan agreement;
obtaining bank approval of the selected object;
obtaining a cost estimate;
insurance.

From the developer

Buying an apartment from the developer itself is the most successful and cheapest option. The lowest price for real estate is precisely at the beginning of construction; as the house is ready, it increases, and it becomes difficult to purchase an apartment directly without the participation of intermediaries.

In installments

As a rule, installment plans offered by the developer are short-term (up to 1 year) and long-term. The first option assumes no interest. With long-term installments, the buyer must already pay interest. Their size is set by the developer himself and fluctuates around 12%.

When signing an installment agreement, the schedule for making payments, the procedure for repaying debt (interest and principal), and also determines responsibility for violating financial obligations.

Before purchasing an apartment in a building under construction in installments, you should carefully study the terms of the contract; perhaps the bank will offer a lower rate.

Registration of property rights

All agreements, with the exception of preliminary ones, but including mortgage agreements, are subject to registration in Rosreestr.

Some developers provide their clients with services to represent their interests in Rosreestr. After signing the share participation agreements, the shareholder issues a power of attorney to the employees, according to which they submit an application to register the transaction. Thus, the buyer does not need to come to the registration service office.

If an agreement on the assignment of rights is concluded between two individuals, then you will have to visit Rosreestr.

It is important to remember that under the agreement of shared participation and assignment from it, the buyer does not receive the right of ownership, but the right to demand the transfer of the apartment. Ownership of a physically existing object, that is, a completed apartment, is registered.

Risk reduction

Knowing what needs to be checked when purchasing a new building, the buyer will not find himself in a difficult situation, and small precautions will help mitigate the risks:

enter into an agreement with a proven developer who has been working in the real estate market for a long time. Perhaps apartments in such buildings are more expensive than in others, but when buying an apartment from an unknown company, there is a risk of losing all your savings;
study the pace of construction, if possible, without investing in slow construction;
it is desirable that the house be accredited by the bank - this indicator does not guarantee complete reliability, but the bank will be more willing to issue a loan with such collateral;
selection of the optimal form of agreement (equity participation agreement in construction).

Important! The most common way to deceive apartment buyers! It consists of not specifying or indicating the approximate delivery date of the house. Be sure to pay attention to the terms of the agreement! Usually in such situations the relationship is formalized by a preliminary agreement. Thus, the buyer is constantly in complete ignorance regarding the timing of receiving the apartment.

Additional information is available in the video:

Author: . Higher legal education: North-Western branch of the Russian Academy of Justice (St. Petersburg) Work experience since 2010. Contract law, consulting on taxation and accounting, representation of interests in government agencies, banks, and notaries.
December 6, 2017.

– continuation:

Dreams Come True! The construction of the house is finally completed, and our long-awaited apartment is ready. He solemnly informed us about this Developer, and invited us to accept his work and sign Apartment acceptance certificate.

Let's look at the main rules for accepting an apartment in a new building.

Acceptance of an apartment in a new building - what to pay attention to

The process of transferring apartments to Buyers ( check-in) occurs according to a schedule that Developer should publish it on your website. And this process is not quick, it can take several months.

Before acceptance of an apartment in a new building and signing Transfer and Acceptance Certificate, we need to make sure that the house is really rented ( this rule is established by Federal Law-214). To do this, we ask Developer copy Permits to put the facility into operation . It’s better for us to have our passport and our copy of the agreement with us. Developer.

The desire to quickly get the keys and start settling in is understandable. But if we rush, we may end up with some construction surprises that we will have to fix ourselves, and at our own expense.

Apartments in modern new buildings, to be honest, are almost always delivered with defects and imperfections. This is a fact confirmed by practice. The only question is how serious these shortcomings are and how many there are. According to estimates of specialists involved in the acceptance of apartments in Moscow, for example, the amount of Buyers’ costs for self-correction of defects in new apartments they fluctuate in the range of 50 - 150 thousand rubles. ( data for 2017).

For the Buyer Acceptance certificate for an apartment in a new building is not an empty formality, but an important document that gives us the opportunity to influence Developer, and defend their rights if they have committed serious defects in their work.

For Developer signing by the Buyer Acta means that he has fulfilled all his obligations under the contract, and there is nothing more to be asked of him. Unless, of course, the Buyer himself contributed Act a number of comments on quality ( see below).

In addition, after signing Acta Developer removes all payments for utilities for this apartment, and shifts them onto the shoulders of the Buyer ( even before the Buyer receives title). Moreover, for “utilities” we may be required to pay in advance for 3-4 months. forward.

Although Apartment Acceptance Certificate in a new building and is an official document ( protocol), having legal force, it is drawn up in a free, simple written form.

Actually, for us, the factor is no less important than signing an agreement with Developer. That's why it is necessary to prepare for this process well in advance and thoroughly – we must know what and where to check, how to detect hidden defects, which defects are considered significant and which are within normal limits ( according to GOSTs and SNiPs), how to record all this in the Act, etc.

First of all, we check compliance with the real apartment layout the project that was announced Developer when signing the contract.

Then we check the real ( according to) and design ( under contract) apartment area .

There are often cases when actual area based on measurement results BTI, slightly more or less than design. If the area is larger, we may have to pay extra To the developer for excess. If the area has decreased, we have the right to demand that the difference be returned to us for the missing footage. It happens that Developer establishes in the contract a certain limit of possible discrepancies in area, and is ready to pay us the difference only if this limit is exceeded. The court usually considers such a clause in the contract invalid.

Next, we begin to inspect each element of the apartment. If during the process of accepting an apartment we discover a defect - significant defects or imperfections - then we record this in writing in the actual Apartment Acceptance Certificate, either in Sight sheet, attached to the Act.

also in Sight sheet are indicated and deadlines (usually no more than two months), during which Developer is obliged to eliminate defects at his own expense. Alternatively, monetary compensation is allowed Developer our costs for independently eliminating defects.

Unfortunately, the practice is that workers at a construction site don’t always have the right hands, so you shouldn’t dream of impeccable quality of work.

Complaints acceptance of apartments in new buildings Most often caused by poorly made cement screeds on the floor, crooked walls, and “strewn” corners. We will also need to check the quality of installation of double-glazed windows and doors, carefully inspect the elements of water supply, sewerage, heating and ventilation. And if, according to the terms of the contract, plumbing must be installed in the apartment, then we check it for cracks and the quality of installation ( how to do all this - see the link below).

It is worth keeping in mind that minor defects in a new apartment are almost inevitable ( unevenness on the walls, differences at the joints of floor slabs, etc.), and you have to put up with them. Such “little things” are then leveled out in the process of interior decoration of the apartment.

To express To the developer claims It’s worth it only if really serious deficiencies are discovered. At the same time, our claims must be based on existing SNiPs (Building regulations), otherwise everyone will demand for themselves an ideal, which, as is known, does not occur in nature.

♦ What you need to have with you to accept an apartment in a new building ♦

In general, for effective acceptance of the apartment and competent formulation of claims in Sight sheet, it makes sense to invite an independent construction specialist (an experienced foreman, for example), who not only knows SNiPs, but with a trained eye he will determine where the workers made a mistake that requires correction. Then we won’t have to fix any defects at our own expense.

It happens that it is not possible to invite a construction expert, in which case you can familiarize yourself with technical rules (what and how to check - see the link).

It is better if the acceptance of the apartment occurs in the autumn-winter period, when heating already included. Then it is possible to immediately evaluate its operation and check the tightness and thermal regulation of the batteries.

If acceptance takes place in the summer, then Transfer and Acceptance Certificate or Sight sheet it is necessary to indicate that the heat supply was not checked due to the lack of technical ability to do so.

And anyway, acceptance of the apartment it’s better to spend it in a new building morning or afternoon – in bright daylight it is much easier to notice defects and imperfections in the apartment.

During the acceptance process, one should also not forget about the condition of the entrance, staircase, elevator and local area, which must correspond to the stated plan ( parking, playground, curbs, fences, night lighting, lack of construction waste, etc.). We will definitely pay attention to the fire extinguishing and smoke removal systems provided in the house.

VIDEO: Acceptance of an apartment from the Developer. Basic moments

— How should you accept a new apartment from the Developer? What to pay attention to when receiving? What documents should I sign?

Gives us the right not to sign if any deficiencies are detected. Transfer and Acceptance Certificate. But without it the registration will not begin ownership, and this is also not a quick process. Therefore, in order not to waste time, it is better to record in writing all discovered deficiencies in Sight sheet, sign Act, and pass it on To the developer to send to Rosreestr on . This doesn't take away Developer obligations to eliminate the noted deficiencies.

We leave ourselves signed copies of these documents Developer. If Developer does not eliminate the specified defects within the specified time frame, then this is already grounds for the Buyer to go to court.

True, the law provides us with two more alternative ways to resolve this issue: we can demand a proportionate reduction in the price of our contract with Developer, or demand reimbursement of our expenses for eliminating the defects ourselves.

In addition, if we bought an apartment at , then in accordance with 214-FZ for our apartment is given guarantee period – 5 years, and for engineering equipment – 3 years. During this period we can also make claims To the developer according to shortcomings and defects discovered during the operation of the apartment ( incl. hidden), and demand their elimination at his expense.

♦ Speaking of the Developer’s guarantee ♦

Hidden defects can only be discovered after living in an apartment for at least a few months. This could be freezing of the wall, fungus, cracks in the joints, leaks in the ceiling ( especially for apartments on the top floor), non-functional ventilation ( the pull may not be outward, but inward), and etc.

In practice, Buyers still before handing over the house trying to see their future square meters ( if possible, by inviting an expert), and obvious shortcomings are discovered already at this stage. At this time, while the builders have not yet left the site, it is much easier to demand and achieve the elimination of deficiencies.

After signing Apartment Acceptance Certificate in a new building and resolving disagreements ( in terms of eliminating deficiencies), we finally we get the keys from our apartment. Hooray! You can move in, make repairs, bring in furniture, cats, dogs and relatives.

So, having arranged a “final exam” for the Developer, we finally accepted the apartment from him. De facto, we can consider ourselves owners. Let's record this event for ourselves with a bottle of champagne...

True, de jure we still do not own this apartment. Registration of property rights is still ahead of us.

How we can register our ownership of a new apartment will be discussed in the next step.

Hello, dear readers of the “site”! Many people dream of buying an apartment in a new building where no one has lived before. However, not everyone knows what nuances there may be when buying an apartment in new buildings and what you need to know before buying an apartment from a developer in a building under construction or already completed. That is why we decided to devote today’s publication to this topic.

After reading this article from beginning to end, you will also learn:

What are the advantages and disadvantages of buying an apartment in a new building;
Is it worth buying an apartment finished by a developer or is it better to do the renovations yourself?
How to buy an apartment in a new building correctly (what steps will have to be taken for this);
Is it much cheaper to buy apartments in houses under construction and how risky is it?

Also in the article you will find professional advice for those who want to buy an apartment in a new building, and answers to questions that most often arise.

This publication will be useful not only to those who are already planning to buy a home in a new house. We advise everyone who wants to improve their financial literacy to study it.

So here we go!

Read our issue about how to properly buy an apartment in a new building from a developer, what you need to pay attention to when buying an apartment in a building under construction, and whether it is profitable to buy a new apartment with finishing touches.

1. Buying an apartment in a new building - the main pros and cons 📊

Many people dream of buying an apartment in a new building. However, before deciding on such a purchase, it is worth carefully studying what advantages And flaws purchasing housing in new buildings.

➕ Advantages of purchasing a new apartment

Experts assure that the value of apartments in new buildings is twice as high as that of secondary housing. This is due to their large number of advantages.

Among the main pluses (+) The following can be noted:

Apartment security in new buildings meets modern requirements. To ensure this, a number of systems can be installed at once - fire, alarm, video surveillance.
Cost per square meter of apartment in a new building, ↓ is often lower than in the secondary housing market.
Legal transparency of the transaction. An apartment in a new building almost certainly does not have any dark past. The risk of fraud and fraud in transactions with such housing is much lower.
Individual layout and design. To decorate a new apartment to your own taste, you don’t have to get rid of old furniture and wallpaper, or make other alterations. Moreover, some developers even offer to place the walls in a new apartment in accordance with the needs of the buyer.
Comfortable. Modern materials are used in the construction of houses today. The layout also meets the needs of modern people. A feature of new buildings is also new communications, equipped entrance, modern elevator, ramps for strollers and disabled people. Often it is also provided autonomous heating of houses.
Economical. In most new buildings, payment for heating is carried out according to meters. Combined with high⇑ quality hydro- and thermal insulation, as well as high-quality double-glazed windows, this allows you to save a lot.
Quality of landscaping. For most new buildings today, already at the design stage, provisions are made parking, warm parking, playgrounds, comfortable sidewalks, comfortable courtyards.
Variety of layouts. When buying an apartment in a new building, you can choose its design according to your needs. Today, apartments differ not only in the number of rooms, but also in the presence of storage rooms and dressing rooms. Moreover, you can choose options with several balconies, combining the kitchen with the living room.

It is thanks to these advantages that apartments in new buildings invariably enjoy enormous popularity.

➖ Disadvantages of buying an apartment in a new building

Despite the large number of obvious advantages, there are a number of disadvantages of buying an apartment in a new building.

TO cons (−) purchases of housing in a new building include:

Registration of ownership may take a lot of time and effort.
Repair. This minus has 2 important aspects. Firstly, The new apartment will have to be renovated. Despite the lack of old furniture and wallpaper, this inevitably entails certain inconveniences and additional costs. Secondly, occupancy of new buildings is usually carried out gradually, so at first, repairs can also be carried out at neighbors’ houses. This also creates a lot of inconvenience.
Outback. Often new buildings are located in new areas. This can lead to problems with transport and infrastructure accessibility.
Possible interruptions in heating, water supply and alarm. They may arise at the beginning of the operation of a new building due to the need to debug engineering systems.
Financial risk. When purchasing an apartment in a new building, special attention should be paid to the reliability of the developer. His financial instability may lead to the loss of invested funds.
Commissioning. If the construction of the house is not completed, you will have to wait until the house is put into operation before moving into a new apartment. Often these deadlines are shifted, causing significant inconvenience.

If you decide to purchase an apartment in a new building, the choice of home is of great importance. Since no one lived there before, it will not be possible to find reliable reviews.

To make a successful choice, you will have to focus on a large number of parameters:

Ecology and noise. When choosing a house, you should inquire about the proximity of factories and busy highways;
Location. It is important to determine for yourself how convenient it will be to get to work, friends and relatives. If you don’t have a car, you should find out what public transport is available in the area in question, how often it runs, how far the stop is from the new building;
Infrastructure. Of great importance is the accessibility of all necessary organizations - kindergartens, schools, pharmacies, clinics, shops;
Yard landscaping. It is important to evaluate the availability and quality of sidewalks and parking spaces near the new building. If you have children or plan to have them, you should pay attention to playgrounds and stroller ramps;
Exterior of the house is also of great importance. You should not purchase apartments in new buildings if there are cracks inside or outside. This fact may indicate the use of low-quality materials during construction or a violation of technology;
Communications. Before buying an apartment, it is worth checking the quality of pipes and electrical wiring, water pressure and other communications in the proposed options;
Floor. Experts do not recommend buying an apartment on the first and last floors due to the close proximity of the basement or roof. It is also important to remember that elevators are sometimes shut down. If this happens, you will have to walk home. Therefore, the apartment should be on a floor that you can easily climb to ( especially if you plan to live with older people and children);
Type of construction. Modern new buildings are diverse. Depending on the type of materials used, they have their own advantages And flaws . Monolithic houses They are characterized by increased strength, but often require additional heat and sound insulation. Panel new buildings They are attracted by their smooth walls and relatively low cost, but they often have a very low↓ level of sound insulation. Brick-monolithic houses warm, with increased sound insulation, but apartments in them are more expensive ⇑, moreover, with insufficient heating, increased humidity may be observed;
Type of apartment. It should be borne in mind that it can be quite cold in corner and end apartments. They should be chosen only when insulation is supplied to the external wall. Ideally, windows should face east or west. In this case, there will be a large amount of natural light without direct sunlight;
Condition of the apartment. It is important to make sure that the home you are purchasing is free of mold and mildew. It is also worth checking the quality of windows and doors.

👉 Thus, when purchasing an apartment in a new building, you should take into account all the advantages, disadvantages and other features of the purchased housing. It is important that it is of high quality and suits you in all respects.

What to look for when buying an apartment in a new building from a developer

2. What you need to know before buying an apartment in a new building from a developer - 6 important points to pay attention to 💎

When purchasing an apartment in a new building, it is important to consider several points. This will help avoid a lot of problems. Below is described in detail, what to look for first when purchasing an apartment in a new building from a developer .

What type of agreement does the developer conclude with the client?

A clear advantage is the design equity participation agreements between the developer and the buyer. It is important that such an agreement is registered in Registration Chamber .

According to Federal Law 214-FZ, it is equity participation agreements that have priority over other agreements. In accordance with the law, in the event of bankruptcy of the developer, upon concluding the said agreement, the client’s claims are considered secured by collateral.

An equity participation agreement helps protect against double sales of an apartment. Moreover, the conclusion of such agreements automatically means that the developer has a construction permit, land documents and other documentation are also in order.

Often, developers at the initial stage of selling apartments in new buildings enter into preliminary agreements . Upon completion of the registration of permitting documentation, such agreements are reissued into equity participation agreements.

Only apartment buyers can make the final decision whether to agree to complete the transaction under schemes other than signing an equity participation agreement.

On the one side, other types of agreement involve greater risk. However, it is worth recognizing that there are many people who purchased new housing in a similar way.
On the other side, and equity participation agreements cannot provide a 100% guarantee. Quite a few deceived Russian investors entered into just such an agreement.

Thus, the share participation agreement is, without a doubt, a serious advantage. However it cannot be the only criterion for assessing the reliability of a developer.

Developer reputation

Before paying for an apartment in an unfinished house, it is worth finding out what the reputation of the company building it is.

For this purpose it is worth knowing:

how many houses have already been put into operation;
Have there previously been any problems with construction or commissioning, and if so, what kind;
who is the founder of the developer ( Some companies for new buildings register a new legal entity to hide past problems);
who is behind the developer - it’s good if it is a serious company with a clean reputation, if it’s a politician - it’s worth finding out if he will be removed from his position in the near future.

Degree of readiness of the new building

This indicator is of great importance. Even if the developer’s documents are in order and his reputation is perfect, there is a risk that the house will not be put into operation for a long time.

In addition to external readiness, it is worth assessing communication level . Even if the developer’s representative claims that the house already has electricity and water supply, it is worth asking to demonstrate this fact in order to verify it personally.

If you are refused for any reason, it makes sense to visit the construction site unaccompanied and talk to the builders. They are usually not given instructions on how to communicate with clients. Therefore, you can often find out reliable information about the installation of communications from builders.

Experts advise also register for forum dedicated to the construction of a specific house. There they usually discuss issues of communications. In addition, from communicating with shareholders you can learn about other construction problems.

Even in cases where a new building appears to be completely ready at first glance, the lack of electricity and water supply increases ⇑ the risk. Some new buildings wait years for communications to be installed.

Is the house under construction in question accredited by the bank?

Before entering into shared construction, it is worth asking whether the chosen house is accredited by banks. It is also important to ensure that the accreditation is sufficiently current and current.

It is worth finding out how many large well-known credit institutions trust the developer:

The house is not accredited by any bank , this may indicate that the developer has problems.
The new building has been approved by a major bank, having solid financial resources. If the developer lacks funds, it is easier for such a credit institution to issue him a loan than to allow construction to freeze.
Ideally, the house should be accredited by several credit organizations , and not just the bank that services the developer. Do not forget that if a construction company goes bankrupt, banks run the risk of not returning the funds issued to it. Therefore, they will do everything to prevent this from happening.

When carrying out accreditation, banks with a good reputation are required to check all permitting documentation for construction. But the presence of such approval should not be considered a 100% guarantee. There are known cases When even accredited houses they remained unfinished.

The fact is that some banks, in order to save funds previously invested in the developer, are forced to issue approval for their houses. That is why this parameter also cannot be considered separately from all other characteristics.

Investment attractiveness

Not everyone understands what connection exists between investment attractiveness and the degree of risk of purchasing in a new building. In fact, participation in shared construction can be compared with. Its construction largely depends on whether there are buyers for apartments in the building in question.

If there are few people willing to purchase housing ↓, the risk of unfinished or long-term construction will increase significantly. However, investment-attractive houses usually do not have problems with buyers.

To evaluate this indicator, you should pay attention to the following parameters of the new building:

location of the new building;
availability and number of parking spaces;
transport accessibility;
proximity to schools, kindergartens, clinics, shopping centers, parks;
assessment of the microdistrict as a whole for the proximity of the railway, major highways, and factories.

When assessing the investment attractiveness of the apartment itself, you should pay attention to the following indicators:

ceiling height – the higher this indicator, the more comfortable it is in the apartment;
wall thickness – thin ones can freeze and have poor sound insulation;
location of elevator shafts – if they are adjacent to the walls of rooms, the elevator may be heard in the apartment;
window arrangement – natural lighting, as well as the view from the apartment, depend on this factor;
thickness of interior partitions influences sound insulation inside the apartment;
floor – the first and last ones are not popular (it is not easy to sell an apartment located on them). The higher the housing, the cleaner and quieter the air, but keep in mind that if the elevator breaks down, you will have to walk home.

You should also consider type of construction . Panel houses They are built quickly enough, so they rarely experience delays in delivery. Unlike them, when monolithic construction Problems may arise due to the construction features.

P.S. On our website there is a separate article about, where we talk about all the nuances of investing in real estate.

👉 If you want to buy an apartment in a new building, you will have to take into account a large number of factors. It makes no sense to consider them separately. A reliable analysis result can only be obtained by considering all factors together.

More information on how to prepare for it is in our special material.

Step-by-step guide on how to buy an apartment in a new building (4 simple steps)

3. How to buy an apartment in a new building correctly - step-by-step instructions for buying a home from the developer 📝

Before you become the owner of a home located in a new building, you will have to choose area, in which it will be located. It is also necessary to decide on the various characteristics of the apartment.

Most often, housing in new buildings is purchased at the construction stage, that is, before the house is put into operation. When making such a purchase, it is important to mentally prepare for the fact that the actual move-in dates may be shifted.

Firstly, There is always a possibility that the developer will not have time to put the new building into operation by the specified date.
Secondly, If an apartment is purchased without interior decoration, you will have to spend time renovating it.

To make the right choice and to have as few problems as possible, you should use the following instructions .

Step 1. Study the house and check documents

The cheapest way to buy an apartment in a new building is at the foundation pit stage. The cost of housing in this case will be approximately ¼ below ↓ than after completion of construction.

At the same stage, it is possible to discuss with the developer layout And size of the future apartment. However, this option is the riskiest, because there is no guarantee that the house will be delivered:

The developer simply may not obtain a building permit.
The company may not have enough funds to build the house.

Besides, Problems with documents can arise even when several floors are built. The result may be construction freeze. This process can be not only temporary, but also permanent.

To minimize the risk, you must familiarize yourself with new building construction project and also check reputation developer company. Unfortunately, this does not completely exclude the possibility of problems. However, the likelihood of a positive outcome with careful analysis will be higher ⇑.

Options for checking a developer company may be different:

Conduct a check using the Internet. You need to find information about the developer in in social networks, on forums and other sites. It always contains a lot of information if apartment buyers were previously harmed during the construction of houses;
Applying to the bank for a mortgage for an apartment in a new building. This is another fairly effective way to check the developer. Before agreeing to lend, banks always conduct a thorough check of the developer. Loans are issued for the purchase of apartments only if the documents of the construction company ( including for new buildings) are in perfect order.
Use the services of a professional lawyer. He will analyze information about the house, design, financial and other documentation, construction permits, and the legality of registration of ownership of the land plot. To independently check these documents without having a legal education, almost impossible.

Step 2. Execution of the contract

If you are confident that the documents are in order, the borrower’s reputation has no problems, and the selected apartment meets all needs, you can proceed to the execution of the contract.

There are 3 main options for purchasing an apartment in a new building, depending on the type of documents drawn up:

Acquisition under an equity participation agreement. It is concluded directly with the developer. Experts do not recommend agreeing to the transaction preliminary agreement. Such an agreement does not match current legislation. The preliminary agreement is not registered in Registration Chamber, so it turns out to be more risky.
Under a contract of assignment of rights. Such an agreement is concluded when purchasing an apartment from co-investor or owner who resells it. Such agreements are regulated by several legislative acts. Therefore, they often lead to disputes. By means of an assignment agreement, the parties can fix a transaction that provides for the possibility of purchasing a finished apartment in the future or participating directly in the construction process. In the latter case, state registration is required. The buyer still has: a copy of the assignment agreement, confirmation of the transfer of money, written consent of the developer, and act of transfer of documents.
Purchase under an agreement drawn up with a housing construction cooperative. The housing cooperative is formed through an agreement between the future owners of the apartments. In this case, the purchase of housing is made through payment share. Such a procedure in government agencies not registered. Therefore, despite its legality, it is quite risky.

Money should be transferred only after the contract has been concluded. In the first two cases, you should also wait for state registration. In some cases, prepayment is provided, the remaining amount is transferred later. This fact must also be reflected in the concluded agreement.

To carry out state registration of the concluded agreement, you must present the following documents:

the contract itself;
construction design documentation;
certificate of ownership of the land plot to be developed;
passports of the parties entering into the agreement;
statements of the parties to the agreement;
cadastral plan;
a plan of the facility under construction, containing the address, information about the number of floors and the number of premises;
building permit.

In some cases, other documents are also required.

When signing an agreement, it is important to pay attention to the following points:

construction completion date;
the deadline for transferring ownership of the apartment, as well as the documents required for its registration;
terms of termination of the contract;
obligations of the parties, consequences for their violation.

It should also be remembered that a separate clause in the contract should indicate fixed cost per square meter purchased apartment.

Step 3. Receiving an apartment and keys to it

When purchasing an apartment in a building under construction, it is important to understand that from the moment it is put into operation until the apartments are handed over to the owners, it may take up to 3 months . During this period, the construction company receives technical certificate for a new building, and also coordinates the layout with BTI.

Before you sign acceptance certificate , the owner must carefully inspect the purchased apartment. If any shortcomings or deviations from the project are identified, the developer should be required to eliminate them or pay compensation.

This requirement also applies to utility networks. If they are not connected or not working at the time of acceptance of the apartment, you should not sign the acceptance certificate until the problem is resolved.

Some construction companies require apartment buyers to sign a deed, making a verbal promise to correct the defects.

In such a situation, you can act at your own discretion, but experts advise get from the developer written consent to eliminate deficiencies. However, if there is such a possibility, it is better not to sign the act until all problems are resolved.

When the acceptance certificate is signed and the keys to the apartment are handed over to the owner, the calculation of utility bills . At the same time, the obligation to pay for such services arises in law:

after organizing the HOA;
after signing an agreement with the operating company.

In practice, this takes time, during which the costs are borne by the developer. Therefore, buyers are usually required to pay utility bills several months in advance ( usually no more than 4 ).

Experts do not recommend moving into the apartment you are buying, or renovating it until you receive property registration certificate . Until this moment, the apartment will be inspected by BTI employees and, if they identify a discrepancy between the apartment depending on what its condition was when the house was put into operation, they may demand that the premises be returned to their previous appearance.

Step 4. Registration of ownership, registration

To register ownership of an apartment, you will have to contact Companies House . This can be done either through an experienced lawyer or independently. In the second case, the costs will be lower↓, but it will require a lot of time and effort.

To register ownership of an apartment, you must provide acceptance certificate And commissioning decision.

When will it be received state registration certificate, you can register in the apartment. To do this you need to contact Federal Migration Service .

The following documents will be required:

application for registration in a new apartment;
passport;
extract from previous place of residence;
certificate of state registration of property.

👉 When all steps are completed, the procedure for purchasing housing from the developer can be considered completed.

4. Buy a new apartment from a developer or through a real estate agency - which is better? 📑

To purchase an apartment in a new building, you can contact a developer or realtor. It all depends on your goals and preferences.

If the house has already been chosen, and the buyer is confident in his decision, You can contact the developer directly.
If in doubt, If you want to compare several options or the buyer is looking for a profitable place to invest in construction, it’s worth contacting an agency.

In any case, it should be remembered that each of these options has both advantages, so flaws. Let's look at them in more detail.

🏗 Purchasing an apartment directly from the developer

It is quite natural that the developer’s office offers the buyer only apartments in new buildings of a specific construction company. They cannot sell an apartment in another building here. They won’t tell buyers about the shortcomings of their homes, but they will be happy to share the negative aspects of other developers.

It should be kept in mind that construction companies usually give discounts only for illiquid apartments that are not in demand. It is also impossible to purchase real estate here by transfer of rights.

☎ Purchasing an apartment through an agency

At the same time, there is much more ⇑ choice here than directly from the developer. Moreover, the agency will honestly tell you about the advantages and disadvantages of each new building. And if you need to sell your existing apartment or room, the agency will help with this.

They also provide advice on and support in its preparation. In most cases commission The developer pays for the agency's services; they are free for the buyer.

5. What is more profitable: buying an apartment in a building under construction or in an already rented one? 📄

The cost of an apartment in the same building can vary significantly depending on the stage of its construction. You can select 4 main purchase options depending on the stage of construction . Let's take a closer look at everything advantages And flaws each of them.

At what stage of building a house is it more profitable to buy an apartment? Let’s look at all the options and find out all the pros and cons

Option 1. Before sales start

Some developers offer to purchase an apartment before sales start. In this case, the cost will be minimal. This way you can buy an apartment in a new building inexpensively.

In accordance with the construction law, developers have the right to begin selling apartments only after that how it will be formatted conclusion on compliance of the Ministry of Construction.

In practice, some construction companies begin concluding agreements with potential buyers before this stage. booking agreements . With such an agreement, the buyer confirms his intention to purchase an apartment, and the developer in return provides a minimum price for it. The buyer pays for this service 10 -50 thousand rubles .

There are several advantages (+) of the booking agreement:

lowest cost , in some cases you can buy real estate almost at its cost;
low level of transaction risk – if a share participation agreement is not concluded, the deposited funds will be returned to the buyer ( it is important to ensure that this is spelled out in the agreement);
maximum choice – you can choose an apartment with the layout you like and choose a convenient floor.

Despite the serious advantages, purchasing housing at the booking stage also has a number of disadvantages.

TO cons (−) the following can be attributed:

there is no guarantee that the transaction will ultimately go through;
The amount paid under the booking agreement does not always go towards payment for the apartment, in some cases it is simple commission for the service (all this is stated in the contract).

Reservation agreements do not need to be registered with Rosreestr, so you need to study them as carefully as possible even before signing.

In some cases, dishonest construction companies enter into several such agreements for one apartment. As a result, the buyer may be left not only without the home he liked, but also without the money he paid. In addition, valuable time will be lost.

You can protect yourself by making sure that the booking agreement contains clause on the return of deposited funds.

Option 2. Excavation stage

When the permitting documentation has been prepared, the developer begins to implement the zero stage of construction, which is otherwise called excavation stage .

At this moment, preparation of the foundation begins. Statistics show that it is at this stage that almost 1 /3 all future apartments.

Among the advantages of purchasing at the excavation stage are the following:

undervalued – compared to the price of apartments in a commissioned building, the difference can reach up to 20 -30 % (depending on the region);
a large selection of layouts, number of floors and other parameters of the future apartment – first buyers usually occupy the best real estate;
possibility of installments (In most cases, payments can be made without interest).

However, there are a number of disadvantages of buying an apartment at the excavation stage:

waiting for occupancy for several years;
risk of construction freeze ( For example, in the event of a lack of demand for apartments or an increase in the costs of the construction company for various reasons);
the risk of changing the design of a new building or its number of floors - the fewer floors are built, the higher the risk;
double expenses until the house is put into operation - for rent and installment or mortgage payments;
It is possible to postpone the completion of construction and delivery of the new building.

Option 3. The new building is half ready

For those who do not want to purchase real estate at the excavation stage, considering such a purchase too risky, there is an option - to invest money in an apartment when the house is ready half . The likelihood of construction being frozen at this stage is significantly reduced ↓, and the cost of apartments remains reduced ↓.

Among the advantages of purchasing apartments in new buildings that are half finished are the following:

shorter waiting period for an apartment compared to previous options;
the cost is lower than on the finished real estate market;
it is possible to check the progress of construction and its compliance with deadlines;
the likelihood of construction freezing is significantly lower ( but it still persists).

The disadvantages of buying an apartment in such houses are as follows:

the cost of the apartment is approximately higher 15 % than when purchasing at the excavation stage;
the most successful options are usually already sorted out;
the likelihood of an increase in the time frame for commissioning a new building remains.

Experts do not recommend purchase apartments if the developer unexpectedly significantly reduced the ⇓ price. This often indicates a lack of finance to complete the current construction.

To minimize the risk of increasing the commissioning time of a new building, when choosing it, you can check whether it is accredited by banks. Before approving a house under construction, large financial organizations check the documents both for the house being built and directly for the construction company itself.

Option 4. The house is put into operation

It is least risky to purchase real estate in houses that have already been put into operation. However, in this case the cost of the apartment will be maximum. Of course you can use promotion offer, or ask the construction company to do discount. But in any case, the savings are unlikely to exceed 5 %.

The advantages of purchasing this option are as follows:

the transaction is safe, since the new building is completely ready and put into operation;
check-in does not need to be delayed for long;
at the time of purchase, the buyer can already see how well the new building corresponds to the project, what is the quality of the house, as well as the surrounding area and infrastructure.

Despite the large number of advantages, buying an apartment in a ready-made building also has some disadvantages:

the cost is higher than in a house under construction;
most likely within the next 1 -2 years, neighbors who are doing renovations will cause concern.

Specialists from one of the largest banks in Russia conducted an analysis and found that on average 2016 -2018 years, the construction period from its start to completion is 2 years . In most cases it is sold in the first year 50 % of all apartments.

In this case, the sales volume is determined reputation construction company, as well as region where the house was built. From the largest developers 50 % of apartments are already sold out within 9 months .

In the second half of construction, more sales are carried out near 30 -35 % . The remaining property is sold after the new building is put into operation. Such statistics are typical for the market of economy and comfort class apartments.

When purchasing an apartment in an unfinished building, it is important to understand that occupancy does not take place immediately upon completion of the construction process. Commissioning, connection to utility systems, and registration of ownership may take up to 12 months.

In any case, you should compare the options described above and choose the one that suits you best. To make the analysis easier, their main features are presented in the table below.

Table: “Features of various options for purchasing housing depending on the stage of construction”

Purchase stage	Price	Advantages	Flaws
Before sales start	Minimum	If the contract is not concluded, the funds are returned to the buyer Maximum choice of layouts and floors	There is no guarantee that the transaction will take place. There may be a commission for the booking service.
Excavation stage	Below on 20 -30 % than the price of a finished apartment	Large selection of apartments Possibility to pay in installments	Waiting for occupancy for several years Risk of construction freeze The risk of changing the design of a new building or its number of floors Double expenses until the house is put into operation - for rent and installment or mortgage payments It is possible to postpone the completion of construction and delivery of the new building
The new building is half ready	Reduced by 10 -15 % of the cost of finished housing	Shorter waiting time for an apartment compared to previous options The cost is lower than on the finished property market It is possible to check the progress of construction and its compliance with deadlines The likelihood of construction freezing is significantly lower	The cost of the apartment is approximately higher 15 % than when purchasing at the excavation stage The most successful options are usually already sorted out The likelihood of an increase in the time frame for commissioning a new building remains
The house has been put into operation	Full cost of the apartment	High level of transaction security You can check in almost immediately It is possible to check the new building and the surrounding area	The cost is higher than at the construction stages In the coming 1 -2 year, there may be inconvenience due to repairs from neighbors

The above table will help you compare options for purchasing an apartment in a new building and choose the one that is most suitable for you.

Which is better to buy an apartment: with or without finishing?

6. Is it profitable to buy an apartment with finishing in a new building 📋

According to statistics, recently the demand for apartments in new buildings with finished finishing . This is primarily explained by the desire of buyers to optimize costs as much as possible. Repairing an apartment you buy yourself is always very expensive. In addition to financial costs, it takes a lot of time and effort.

The sale of ready-to-renovate apartments has begun in the middle 2 000 s. At that time, there was a reduction in demand for real estate on the market.

In order to attract customers, construction companies began selling apartments with finished finishing. Some of them went even further and began developing various design solutions, offering renovated apartments in a certain style.

When choosing a renovated property, experts recommend paying attention to finishing cost. The optimal price is within 10,000 rubles per square meter. If repairs are more expensive, many buyers refuse such a service.

Traditionally, there are 2 main stages of apartment finishing:

Rough finish. In general, this concept means the complete absence of any finishing. Such repairs require the presence of only basic elements: Entrance door, double glazed windows, and heating system. In some cases, they are also installed interior doors. The buyer of the apartment will have to independently level the walls, glue wallpaper, do electrical wiring and other necessary work. Only after their completion will the housing be ready for occupancy.
Clean finish. In this case, the renovation is carried out by the developer, its cost is included in the price of the apartment. Finishing includes: painting walls, wallpapering, laying linoleum or parquet. Tiles are being laid in the bathroom and toilet or the walls are being painted.

Clean finishing from the developer is suitable for those buyers who do not have time for independent repairs or do not have the funds for it.

It is also important to remember that recently building materials have risen significantly in price. However, the level of income in most cases did not change. That is why buyers prefer to purchase apartments that are ready for renovation.

📟 Experts considered that when buying a two-room apartment with a fine finish you can save approximately 200 -400 thousand rubles. Of course, this amount is approximate and may vary significantly.

On average, you have to pay extra for repairs approximately 5 -10 % of the original cost. But the total amount usually turns out to be less ↓ than the cost of self-repair.

Another advantage apartments with fine finishing – opportunity to move in immediately . Also, such apartments are often purchased by those who invest money in real estate with the aim of subsequently renting them out.

7. Useful tips for those who want to buy an apartment from a developer in a new building 🔔

To avoid possible problems when purchasing an apartment from a developer, experts recommend seeking help from professional lawyers. Of course, this entails additional costs. Therefore, it would be a good idea to take advantage of the expert advice given below.

Tip 1. Check the developer thoroughly

Vetting a developer takes a lot of time. However, you should not rely only on information on the Internet. Even if there are no negative reviews about the developer online, this does not guarantee its reliability.

The construction company may be too young or simply a shell company. The developer does not always comply with all legal requirements during its activities.

You should not do this even in cases where the developer’s documents are in order and there is indirect evidence of his reliability. The preliminary agreement does not comply with Russian legislation.

There is no need to rush into choosing a construction company and purchasing an apartment. Not everyone understands, but the real estate market today, despite its instability, is not characterized by chaos.

Often, in the wake of rumors about an upcoming price increase, buyers rush to purchase real estate. In fact, the cost does not increase sharply. Moreover, after an increase, there are often periods of decrease ↓ in the cost of apartments.

Therefore, there is no need to rush into purchasing. It is important to carefully analyze your financial capabilities, choose a construction company, area and a suitable apartment.

Tip 3. You should not make alterations to the apartment until the property is registered

If redevelopment is done before state registration, the BTI may require the apartment to be returned to its original condition. Moreover, during the process of measuring real estate by employees of this organization, disagreements may arise with the developer.

The area of the apartment may not correspond to that stated in the documentation:

If it's bigger, The buyer may be required to pay an additional payment.
If the area is smaller↓, it will be possible to present corresponding claims to the developer.

In any case, the apartment at this point in time must be in its original condition.

👉 Exactly following the above tips helps to avoid a number of troubles.

8. FAQ - frequently asked questions 💬

Purchasing an apartment in a new building is a rather complicated process, which often raises a large number of questions among buyers. To save your time, we traditionally answer the most popular ones at the end of the publication.

Question 1. Which floor is better to choose when buying an apartment in a new building?

When choosing an apartment, the buyer has to determine a huge number of its parameters. Many consider one of the most important floor , on which it will be located. When choosing it, it is difficult to give any universal advice, since subjective components are of great importance.

When choosing the number of floors of an apartment, you must consider:

The lower floors are perfect for elderly people and families with children:
upper floors are valued in new buildings located in picturesque areas of the city;
no one has canceled the financial side of the issue either - usually the cost of apartments on the ground floor is lower by about 15 %;
It is also important to study the infrastructure - the lower floors can be noisy if the house is located near highways, large playgrounds and sports grounds, large cafes and shops.

Before making a choice, it is worth analyzing advantages And flaws apartments on different floors.

First of all, let's look at the fundamental points for different floors:

Ground floor apartments Most often they buy for reasons of economy. Also, many people purchase them for renting, since in most cases the number of floors does not affect the rent. In addition, the first floors are preferred by those who have a small child, as well as pensioners and the disabled.
Apartments on floors above the 16th Suitable for those who do not have a fear of heights, as well as those who appreciate the view from the window. But in this case it is worth clarifying how communications are established. If from below, there may be problems with water pressure. In modern new buildings there are technical floor. This is where all the necessary communications are located. If the house is built in accordance with these principles, there will be no problems with water pressure even at the very top.

For ease of comparison, we have presented the pros and cons of apartments located on different floors in a table.

Table: “Advantages and disadvantages of apartments located on different floors”

Floor	Advantages	Flaws
1st floor	The cost of an apartment may be lower by approximately 15 % You won't have to pay an elevator fee Water pressure is consistently high Can be used for commercial purposes It's impossible to flood your neighbors In case of emergency, you can quickly leave the house	Additional security measures are required - bars, alarms Higher level of noise from the street, as well as the penetration of odors Often there is no balcony Insufficient natural light
2nd floor	Less dirt and noise than on the ground floor No need to use an elevator Convenient for those who have a stroller or bicycle	If there is a store or cafe on the ground floor, cockroaches may appear. If there are offices on the ground floor, it can be quite noisy.
3-7 floors	Not too high yet, even for those afraid of heights If the elevator is disabled, it's not too difficult to get home In emergency situations, you can leave the building quickly enough If the area is not densely built, a high-quality view from the windows	There are no disadvantages inherent in lower and higher floors
8-15 floors	If the area is not too densely built up, there is a good view from the window Almost no extraneous sounds or dirt can be heard from the street High-quality natural light	If the apartment is located on the sunny side of the house, it may be too hot At a height of about the tenth floor, emissions from factories and boiler houses are usually collected; if they are located close, there may be an unpleasant odor If the elevator is turned off, it will be quite difficult to get home
16 and above	On the top floor the advantage is the absence of neighbors above Opportunity to purchase a penthouse Luxury new buildings can have a relaxation area on the roof With sparse buildings – a good overview of the area	With a beautiful view from the window, apartments on the upper floors may be more expensive Housing on the top floor can be flooded if the roof is of poor quality If an elevator mechanism is located nearby, extraneous sounds may enter the apartment. In emergency situations it will be difficult to leave the house

Question 2. How to buy an apartment with a mortgage from a developer?

Analysis of statistical data on the real estate market allows us to see that today there is a tendency towards an increase in demand for mortgages in order to purchase apartments in new buildings. First of all, this is due to the presence of state support. Thanks to it, mortgage rates in the primary housing market are lower ↓ than in the secondary market.

The high level of construction intensity leads to a significant increase in the supply of apartments. As a result, there are a large number of developers and credit institutions operating on the market. Such diversity often leads to difficult choices. Therefore, further we Let's look at it in detailstep by step process purchasing housing with a mortgage in new buildings .

Detailed instructions for purchasing an apartment with a mortgage from the developer

Stage 1. Choosing a new building

Choosing a new building is the first fundamental step. The list of lenders willing to provide a mortgage is largely determined by the home you choose.

It turns out that Firstly you should choose an apartment that meets your requirements, including cost, locations, commissioning dates. When a house is selected, the developer will provide the buyer with a list of lending institutions with which it is accredited.

Stage 2. Property reservation

When a house under construction is selected, you should book an apartment in it. This is done in order to during the period of preparing the application for a mortgage loan, its consideration by the lender, and the preparation of documents for the transaction, the buyer was sure that the chosen housing was assigned to him and could not be purchased by someone else.

Reservations can be made according to several schemes (the option is determined depending on the selected developer):

Verbal booking used by construction companies quite rarely. Most often, its period does not exceed 14 days. At this time, the buyer has time to submit an application for a mortgage to a credit institution and wait for its consideration.
Verbal booking with signing of an agency agreement. In this case, the same actions are first carried out as in the previous scheme. Having chosen a specific apartment, the buyer verbally reserves it from the developer. When a positive decision on a mortgage application is received, agency contract. It involves not only choosing an apartment (which has actually already been chosen), but also supporting the transaction at all its stages.
Signing an agency agreement on a paid basis. Buyer and construction company sign agreement about booking a specific apartment. For this, the developer receives a fee in the form of a commission. The result of the agreement is that the selected property is assigned to the future buyer and is not sold to other citizens.

When booking with the signing of an agency agreement, it is important to immediately discuss the terms of the refund. If you do not do this, there is a risk that if your mortgage application is rejected, your booking fee will not be refunded.

Stage 3. Application for a mortgage

Having received a list of banks with which the selected new building is accredited, the buyer submits an application for a mortgage. If received positive decision , you must immediately inform the construction company about this and begin preparing a transaction for the purchase of an apartment.

We have already talked about this in the previous article.

Stage 4. Registration of an insurance policy

As a rule, the borrower is given the opportunity to independently choose an insurance company.

Wherein important to remember, that, in accordance with the legislation governing the registration of mortgages, insurance of property serving as collateral is mandatory.

In contrast, the purchase of an insurance policy for the life and health of a client receiving a loan is voluntary.

Stage 5. Transaction to purchase an apartment, execution of a mortgage agreement

The date of the transaction for the purchase of an apartment is set by agreement of all its participants.

This procedure includes signing the following documents:

mortgage agreement;
equity participation agreements;
voluntary insurance agreements (if necessary).

Stage 6. State registration

The share participation agreement, as well as the mortgage agreement, undergo mandatory registration in Registration Chamber. At the same time, the right to the apartment under construction is officially formalized, and also imposed on it encumbrance .

It is from the moment of state registration that monthly mortgage payments begin.

Stage 7. Putting a new building into operation

When all construction work is completed and the house is brought to a condition suitable for habitation, the construction company contacts Department of State Construction Supervision .

This authority orders an inspection of the new building. During this procedure, a special commission examines all documentation. At the same time, the compliance of construction work with documents is checked.

If no violations are identified during this procedure, the construction company receives permission to put a new building into operation . Only after this are they issued acts of acceptance and transfer of housing owners.

Stage 8. Apartment valuation

A specialist from an appraisal company inspects the apartment and draws up a report on its value. This document is provided to the credit institution, as well as to the insurer.

Stage 9. Registration of a mortgage

After registering ownership of an apartment with the bank where the mortgage was issued, it is mandatory to draw up mortgage – a document that confirms the fact of encumbrance of real estate.

Important to remember, that the mortgage must be registered at Companies House.

Stage 10. Obtaining a certificate of ownership of an apartment

To register property rights to the Registration Chamber, you must provide the following documents:

equity participation agreement;
act of acceptance and transfer;
mortgage;
appraisal company report;
receipt for payment of state duty.

The specialist, taking the package of documents, must issue receipt about their receipt and indicates the date when the corresponding certificate will be ready. It is legally determined that the registration period is 5 working days.

Stage 11. Registration of an insurance policy for an apartment

When obtaining a mortgage, which is the subject of collateral, it is mandatory. In this case, the policy is issued only after all the steps described above have been completed.

In fact, the process of obtaining a mortgage to buy an apartment in a new building is quite labor-intensive. Experts recommend that those who do not have the time or desire for this should seek help from professionals - mortgage brokers . And for those who want to know, read our last issue on their own.

Buying a home in a new building does not always go smoothly, and this is often due to a violation of obligations on the part of the developer. But if obligations are violated, you can terminate the deal or demand compensation. Last time we talked about what you can get from a problematic developer when delays in construction and delivery of the project, and today we will talk about what you can count on if the quality of the apartment leaves much to be desired and if the developer delays issuing a certificate of ownership.

This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.

Anyone who has not read our previous article on this topic “” can do so right now, and we are moving on to another topic.

Struggle for quality
Buying real estate in a new building, especially in the initial stages of construction, is always a risk, and not only will you end up without housing and without money, or spend extra years waiting, but also get a low-quality property. For example, window and balcony frames may be poorly installed (crooked, loose, etc.), partitions may be laid out unevenly, there may be no soundproofing of the walls or the roof may be leaking, and if the apartment is being renovated, there may be even more problems. “Perhaps, few developers have provided an apartment with ideal quality; when handing over an apartment, minor and sometimes serious shortcomings are always discovered,” stated “” lawyer Oleg Sukhov.

Any signs of violation of construction technology, of course, should be discussed with the developer, and if the buyer’s suspicions about inadequate quality are confirmed, it would be fair to either eliminate the violations or compensate for them, but achieving justice, as usual, is not always easy.

In this regard, the law best protects shareholders who bought an apartment under an agreement for participation in shared construction (DDU) in accordance with the Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate and on the contribution amendments to some legislative acts of the Russian Federation." First of all, this document clearly states that the developer is obliged to transfer to the participant in shared construction an object whose quality complies with the terms of the contract , requirements of technical and urban planning regulations, design documentation, etc. (Article 7, paragraph 1). And the transfer must be carried out according to a transfer deed or other transfer document (Article 8, paragraph 1), and if the shareholder identifies any shortcomings of the housing or he suspects that technologies and regulations have not been followed, he has the right to refuse to sign the acceptance certificate -transfer, instead drawing up a document (act or defective statement) recording all the defects of the object (Article 8, paragraph 5).

Therefore, experts advise, first of all, to carefully study the apartment being rented: “In practice, representatives of the developer often take advantage of the emotional state of the shareholder, who, from the happiness of owning a new apartment, is ready to turn a blind eye to everything in order to quickly get the keys. But when accepting, it is important to cope with emotions and not rush to sign the acceptance certificate, but, on the contrary, carefully inspect the property, check whether it complies with the terms of the contract and other legal requirements for residential premises. If possible, it is worth inviting a specialist or a friend who understands at least something about construction. When accepting an apartment, the main thing is to detect shortcomings and point them out, and if this is not done, it will be difficult to hold the developer accountable,” says lawyer Oleg Sukhov. Although if the shortcomings are not at all significant, you can forgive them, but it is important to understand that they really will not cause future problems. If the shortcomings are more serious, then you will have to fight for quality.

According to paragraph 2 of Article 7 of Law 214, if a shared construction project is built with deviations from the terms of the contract and/or shortcomings, that is, its quality leaves much to be desired, the shareholder has the right to demand from the developer:

- elimination of deficiencies free of charge within a reasonable time;
- proportionate reduction in the contract price;
- reimbursement of expenses for eliminating deficiencies.
The shareholder himself chooses what exactly to demand, after which he sends a claim to the developer with the chosen option for eliminating the problem. The easiest way is to demand that the developer eliminate the defects free of charge; in this case, no additional actions need to be taken (for example, attracting a repair team, searching for building materials, etc.) and no additional documents are required. “But to satisfy the second or third requirement, an estimate will be required to carry out work to eliminate deficiencies, indicating their cost and the cost of additional materials,” says Vasily Sharapov, lawyer at the development company City-XXI Century, author of the book “Protection of Investments in New Buildings”.

But the second or third option may turn out to be the most convenient and comfortable, because, as noted Svetlana Savicheva, head of the legal department of the Kyrgyz Republic "Megapolis-Service", in practice, the process of eliminating deficiencies by the developer himself is often delayed, but the quality of housing still remains low, and as a result, the apartment owner loses his nerve and still takes everything upon himself. In addition, with the second option, if the shortcomings of the apartment are not so significant and the shareholder is ready to put up with them, he has the opportunity to receive money instead of repairs that are not so necessary for him.

But if the first option is chosen, then the shareholder is advised not to make any compromises: “Until the quality of construction is brought to compliance with the contract and established standards, the shareholder has the right not to sign the apartment acceptance certificate, and this must be used,” - advises Irina Dobrokhotova, Chairman of the Board of Directors of the BEST-Novostroy company.

Due to quality - to court
Inadequate quality of the object may lead to termination of the contract. “For example, if violations committed by the developer require serious costs and he refuses to redo anything or delays the deadlines, then it makes sense to seek an independent examination and file documents with the court,” recommends Svetlana Savicheva (KR “Megapolis-Service”).

“It is also possible to terminate the contract in the event of a significant violation of quality requirements or failure to eliminate identified deficiencies within a reasonable period established by the shareholder,” says lawyer Oleg Sukhov, referring to subparagraphs 2 and 3 of paragraph 1 of Article 2 of Law 214. The procedure in this case is the same , as in the case of termination of the contract due to a delay in construction and transfer of the facility (see article “”), and the possible recovery is the same: “You can demand the return of all money paid and interest in the amount of 1/150 of the refinancing rate of the Central Bank of the Russian Federation for each day of use of money - from the date of conclusion of the contract until the moment of return of funds (clause 2 of Article 9 of Law 214-FZ),” says lawyer Oleg Sukhov.

“But, it’s true, there is no legal criterion for a significant violation of quality requirements; the legislation does not provide it. The concept of materiality is decided in court in each individual case, notes Maria Litinetskaya, General Director of Metrium Group. “And moreover, even if the developer committed serious violations during construction, for example, performed poor insulation technology, it will not be easy to prove his guilt in court.” And if guilt is not proven or the violation of quality is not considered significant, the contract cannot be terminated.

Other schemes
It will not be easy for homebuyers who bought real estate not through DDU, but through other schemes, both those permitted by Law 214 (through the mechanisms of housing cooperatives or housing certificates) and “gray” ones (preliminary agreements, investment agreements, etc.). “So, if the apartment was purchased by paying for shares in a housing cooperative or by purchasing housing certificates, the law, unfortunately, is not so clear. The procedure for eliminating deficiencies by a cooperative or issuer of certificates is not regulated, and the norms of the Civil Code of the Russian Federation and investment legislation, as well as the norms of the “Law on the Protection of Consumer Rights,” says Vasily Sharapov (“City-XXI Century”). That is, even if the quality of the housing being delivered is very low, the developer may voluntarily refuse to change or repair anything, and then he will have to go to court, just like if he wants to break the deal or leave the cooperative. Home buyers using “gray” schemes also face the same problem. However, if the court takes their side (i.e., the plaintiff’s side), you can get the same as the shareholders who signed the DDU. “For example, upon termination of the contract, you can demand back the paid investments, as well as interest for the use of someone else’s money for the period from the date of transfer of investments to the developer until the date of their return to the investor. At the same time, the interest rate is equal to one three hundredth of the refinancing rate of the Central Bank of the Russian Federation,” says Vasily Sharapov (“City-XXI Century”).

Guarantee
But if the apartment is transferred to the buyer and the acceptance certificate is signed, then it will no longer be possible to terminate the contract due to inadequate quality, even if the shortcomings were identified after occupancy. In this case, you can only rely on warranty obligations. And here again, the shareholders who have signed the DDU agreement are most protected. According to paragraphs 5 and 5.1 of Article 7 of Law 214, a warranty period is established for shared construction projects, calculated from the date of transfer of real estate under the deed. For residential premises as a whole, it cannot be less than five years, and for technological and engineering equipment included in this premises, it cannot be less than three years. And if during this time the owner reveals any shortcomings, then he can present the same demands to the developer as in the case of discovering shortcomings in an undelivered property. In other words, the developer can be required to eliminate deficiencies, reduce the contract price and reimburse the costs of independently resolving the issue (see paragraph 6 of Article 7 of Law 214). And if the owner’s demand is not fulfilled or its fulfillment is delayed, he will have the opportunity to sue.

It is possible to sue under other schemes, but it will be difficult to prove the truth - very time-consuming and very nervous, and without a court decision it will most likely not be possible to eliminate the shortcomings of the object.

Ownership issue
Today, in most cases, the developer is engaged not only in construction, but also in issuing a certificate of ownership of the apartment after putting the house into operation. “However, according to the law, in accordance with paragraph 1 of Article 12 of Law 214, the developer’s obligations are considered fulfilled from the moment the parties sign the transfer deed or other document on the transfer of the shared construction project. Therefore, the developer is not obliged to participate in the process of registering real estate ownership,” says Vera Bogucharova, Deputy Head of the Legal Department of Est-a-Tet. And even more so, he is not obliged to do this with “gray” housing sales schemes. The buyer himself may well apply to Rosreestr to register his property rights. Another thing is that in practice, many developers not only offer such a service, but even impose it (this, of course, is not legal, and therefore contestable, but not all buyers agree to argue). “And in this case, developers often act through their agents, who provide the relevant services, this happens within the framework of contracts for the provision of paid services,” says Daria Pogorelskaya, head of the legal department of the MIC Group of Companies. And responsibility to buyers, strictly speaking, is no longer borne by the developer, but by the agent, and this responsibility is determined by the concluded contract for the provision of services, the Civil Code of the Russian Federation and the “Law on the Protection of Consumer Rights,” but not by Law 214.

But in any case, if the developer or his agent does not fulfill its obligations and delays the registration of the certificate of ownership, the buyer has the right to terminate the contract for the provision of services and demand a refund of the funds paid, and may also demand compensation for other losses. However, there is no need to rush here; before terminating, you need to understand what the reason for the delay is - this determines what can be demanded from the developer or his agent.

“Most often, the delay occurs not through the fault of the developer, but due to delays in the approval of the act of implementation of the investment project by the authorities,” says Vasily Sharapov (City-XXI Century). For example, the administration or general contractor may delay signing documents on the completion of construction, problems may arise with connecting communications, etc.

“In such cases, if the developer has fulfilled his obligations to build a house, the apartment has actually been transferred, and the buyer already lives in it and bears the costs of paying utility bills, it is usually possible to register ownership of the apartment through the court. If the claim is satisfied, the ownership will be registered by Rosreestr on the basis of a court decision, so no documents will be required from the developer,” says lawyer Oleg Sukhov. But it will most likely not be possible to demand any compensation from the developer for delaying the deadlines.

“But if the reason for the delay is the dishonest actions of the developer himself, for example, a demand to pay expenses for the maintenance of common property and utility bills that the developer incurred from the moment the house was put into operation until the apartment was transferred to the shareholder, or a demand to pay the difference for extra square meters, then it would be appropriate to go to court with a claim for recognition of ownership of the apartment, collection of penalties (1/150 of the refinancing rate from the date of signing the contract for the provision of services until the date of reimbursement. - From the editor) and moral damages. Moreover, if a corresponding claim was sent to the developer before the trial, the court will collect from him a fine in the amount of 50% of the penalty awarded in the claim (clause 6, article 13 of the “Law on the Protection of Consumer Rights”),” says lawyer Oleg Sukhov.

“And it should be noted that in recent years, lawsuits in such cases have become a fairly common practice, so the consideration of applications for recognition of ownership rights to a new building apartment takes place according to a clearly developed scheme - quickly and painlessly for the shareholder (buyer),” notes Irina Dobrokhotova (“BEST-Novostroy”), and in most cases the court decides in his favor. True, when using “gray” schemes, problems with evidence may arise, and sometimes very slippery issues emerge, for example, it turns out that the house was built illegally. However, there are not many such cases.

It’s also worth noting that “if an investor finances construction by paying for shares in a housing cooperative, then by law he acquires ownership of the apartment from the date when the last share is paid in (i.e. all shares are paid for),” explains Vasily Sharapov (“City-XXI century”). And in this case, the developer’s assistance in obtaining a certificate of ownership is even less relevant, although in order to dispose of an apartment, the shareholder also needs to register ownership in Rosreestr. But it’s better to do this yourself, then you won’t have to worry about intermediaries violating obligations. In general, this principle should be adhered to in other housing sales schemes - as far as possible, then there will be no need to go to court.

Although the trial is not as scary as many people think. And in continuation of this topic, the portal will tell you what is needed to go to court, whether it always makes sense, and what can still be recovered from a negligent developer, in addition to the funds already paid for the property.

Instructions for accepting a new apartment from the developer, what you should pay attention to.

The kind postman Pechkin handed you a letter personally or simply left a notice from the developer in your mailbox. So, the caring developer informed you that the housing is ready and invited you to come to accept the apartment. Don't rush into ordering a large moving truck. Send invitations to friends and acquaintances for a housewarming party. Torture the cat in an attempt to push him into the new home first and generally have fun, all the most interesting things are still ahead of you. It often happens that the developer received permission to put the facility into operation in a not entirely legal way, or rather, in a completely illegal way! The smart developer and his builders Jamshed and Raushany built the house hastily and when you came to the construction site to admire this miracle of architectural thought, you saw that it was only 75-85 percent built, and the smart developer had already managed to obtain permission to put the house into operation. How miraculously this happened is a good question, but only law enforcement agencies can quickly answer it.

Expert answer:

Having received a notification from Pechkin, with tears in your eyes from joy, you run to the developer, and in response you hear that the house, alas, is not ready and you need to wait a little longer. The caring developer, patting you on the shoulder, brazenly pushes you out the door of his office, promising to call you when the house is completed. Or he begins to tell you a story that: “We have a long queue for examination and appointment, we need to make an appointment,” but for some reason you can only make an appointment in half a year. In general, the developer has prepared for you a lot of reasons for refusing to transfer the apartment purchased with your own hard-earned money, all of them can be outlined in this article for a long time, from which it can turn into a weighty treatise. You, like any other normal person, ask why?

And everything is being done to reduce the delay time, because for delay in delivery of an apartment, according to Federal Law 214, you will have to pay a fine (penalty). Another reason is that the developer does not want to strain himself and the workers visiting him at the construction site by eliminating the jambs made by their skillful hands and decided to quietly hand over to you a unilateral deed for the apartment under construction. After all, from the moment a two-sided deed of acceptance of the transfer is signed, and even more so a unilateral deed, the apartment is considered transferred and the Developer is no longer obliged to eliminate the jambs made by its highly qualified employees. I also hasten to please you that you begin to pay all utility bills from the moment you sign the transfer acceptance certificate, or from the moment you receive a unilateral deed.

How should the acceptance of an apartment from the developer proceed?

What is considered proper notice?

An invitation to a real estate buyer to sign an acceptance certificate for the transfer of an apartment is often done in the form of a telephone call or SMS message.

However, it should be noted that this method of notification is not considered appropriate. Paragraph 4 of Article 8 of the Law on DDU states that there is only one proper way of notifying the buyer: a registered letter, which can be delivered in person (as evidenced by a receipt), or the developer must have confirmation that the letter was received by the equity holder.

The same paragraph of the law also specifies the obligations of the shareholder, who, having received proper notice of the completion of the construction of the house, is obliged to arrive so that the acceptance of the apartment in the new building is carried out within the period specified in the DDU or period of 7 working days.

Is it possible to ignore the notice?

The rights and obligations of the parties to such agreements are clearly regulated. The law states that if the buyer has not accepted the property within two months from the date specified for transfer, then the developer has the right to a unilateral transfer (an apartment transfer act or another type of confirmation of the readiness and proper condition of the property is drawn up).

Consequences of failure to receive notice from the developer due to a long absence

In cases where the developer knows that the buyer received proper notice that it is necessary to come to inspect the apartment, or the letter was returned with the marks “refusal to receive” or “the addressee is not at the specified address,” the mechanism for solving this problem is similar to the one indicated higher. That is, the developer draws up an apartment acceptance certificate that has legal force. Thus, the DDU participant is obliged to promptly notify about the changed address, as well as receive correspondence received by him.

How to prevent a one-way transfer of an apartment

There is a certain mechanism of behavior that allows the shareholder to defend his rights if conflicts arise due to the signing of acceptance documents. During the period specified in the DDU or the law, you need to respond to a letter stating that the apartment is to be accepted. If the shareholder did not have the opportunity to inspect the property and sign the apartment acceptance certificate, then he must necessarily send the following text to the developer:

Claim template

B (name of organization)

(position and full name of the manager)

from (information about the buyer: full name, passport details, place of registration)

Claim

(date) agreement No.______ was concluded for the assignment of rights of claim under the DDU for the construction of a real estate property between (full name of the shareholder) and (name of the organization).

In paragraph _____ of this agreement (name of organization) undertakes to build and transfer into my possession an apartment located at: (address), with an area of ______ m2.

In accordance with paragraph ____ of this agreement, the transfer must take place no later than (date).

(date) I visited the office of (name of the developer’s company), at the address contained in the notification received, to sign the acceptance of the property.

An employee of (name of the developer's company) informed me that due to (list of existing problems that are preventing the delivery of the house), the transfer of the apartment to me is postponed.

I ask you to study this situation and take measures to transfer the real estate in the manner prescribed by current legislative acts.

Please notify me by sending a letter about when the inspection and transfer of the facility to operation will take place.

(signature) Full name

The letter must be delivered to the addressee by proper notification: in person (the second copy must have a receipt stamp) or by a valuable letter with an inventory.

Sample of drawing up an inventory

Blots and corrections in the inventory are unacceptable.

Features of receiving common property

In part one of the law on DDU in article 7 and in part 5 of the same law in article 8 it is stated that acceptance of an apartment from a developer may involve drawing up documents stating that the property was built in violation of:

agreements with the shareholder;
SNiPov;
current regulations;
other requirements that are mandatory to comply with.

Based on the rights of the participants of the DDU provided for in the legislation, the apartment inspection report is not the only document that needs to be given attention, since it is also necessary to check the presence and operability of the garbage chute and street lighting, the functioning of elevators, etc. First of all, the presence of objects provided for in the relevant regulations is checked or agreement: playground, parking spaces, fencing the territory, etc.

If we talk about what to pay attention to when accepting an apartment, it should be noted that partial transfer, with the obligation to eliminate the detected defects in the future, is unacceptable. If there are inconsistencies or part of the property is not ready for delivery, is missing, etc., then this should be reflected in the report of defects drawn up based on the results of the inspection (it can also be called a report of construction defects or a preliminary report). If the acceptance of the apartment from the developer is completed by signing a regular acceptance certificate, then the residents will have to fix the detected problems, since the presence of defects is not displayed anywhere.

In fact, the DDU covers not only the apartment indicated in it, but also the common property of the building. However, lawyers do not recommend taking the developer’s word for it that the management company is responsible for the acceptance of common property. Yes, in practice this usually happens, but this is due to the fact that citizens do not understand the existing legislation well and do not carefully read the terms of the concluded contracts, otherwise they could demand a penalty for delaying the transfer of the house due to discovered deficiencies.

The parties to the agreement who are about to accept the transfer of an apartment often simply do not want to burden themselves with the problems that arise during the transfer of common property, and some believe that the owner is the management organization. However, this point of view is wrong. Neither the state nor anyone else is the owner of the common property, since it is owned by the buyers of the property and they are the ones responsible for its condition. Even the fact that city authorities periodically allocate some amounts in the form of subsidies does not mean that this responsibility can be shifted to someone else.

We should not forget that today a capitalist system has been established in our state, and citizens accustomed to socialism have to change their ideas about relations to property. Those who have not done this sometimes have to pay much more for living in a new building than for an apartment located in the old building. And this is explained precisely by the fact that property owners were poorly informed about how to accept an apartment from a developer, and are now forced to eliminate deficiencies not indicated in the defect sheet at their own expense. Hence the significant size of housing bills. This can be avoided if the residents of the house unite to protect their rights and can ensure that the developer delivers the new building in proper condition.

Lawyers recommend hiring independent specialists, whose expert opinion can be used to file a claim with a list of identified deficiencies. The technical inspection compiled by them should form the basis of a list of construction defects that is sent to the developer. In this case, the requirement to pay for the services of independent experts can also be included in this claim or statement of claim to the court. If residents manage to defend their position, the size of their bills will be significantly reduced, and the money will be allocated for additional improvements. But this area of spending is not the topic of this article.

What should the apartment inspection report be like?

(place of document preparation) (date)

The Developer (name of the organization), represented by (name and position of the manager), on the one hand, and the Shareholder (information about the buyer: full name, passport details, registration address, etc.), referred to in this document as the Parties, as this was indicated in agreement No.____, we compiled this list of claims regarding the condition of the inspected premises.

At the apartment located at (address of the house), as well as at the common property. The list and required condition of which were provided in the design documentation for the house. During a joint inspection by the Parties to this agreement, a number of shortcomings were discovered ( The above list was compiled using the example of one of the new buildings, therefore, when drawing up a claim, it is necessary to focus on the individual characteristics of the object):

There is no asphalt on the driveways;
There is no wheelchair ramp;
There is no asphalt in the local area;
There is no playground for children;
Access lighting is not connected;
The elevators did not start working;
The premises located on the ____ floor, intended for shared use by residents, do not have fire alarms and fire panels equipped in accordance with the standards;
On the ____ floor there is no apartment meter on the landing, and the electrical wiring to the apartment electrical panel has not been completed;
There is no low-current wiring to the panel on the ____ floor;
On the ____ floor, the doors leading to common areas for residents are not equipped with the glazing required by the design;
The basement floor is flooded;
Some sewer pipes are missing connections, which leads to leaks in the basement of the house;
There is no glazing of the balcony provided for by the conditions of the DDU;
The quality of the glazing in the window openings does not meet the standards - the structures are unevenly installed and poorly secured, there are cracks;
Kitchen windows are not equipped with the necessary fittings;
The window glass in the room has a crack;
The entrance door to the loggia was installed incorrectly, which led to misalignment, preventing normal opening and closing;
There is no hot or cold water supply in the inspected apartment;
In-house water metering devices ( If necessary, indicate - cold or hot j) not installed;
The floor near the ventilation shaft has through holes;
The sewer riser in the apartment has a crack;
The installation level of the connector in the sewer riser, intended for the outflow of wastewater, is only 4 centimeters above the floor. This leads to the impossibility of competently performing the screed;
The door frame leading to the apartment is installed askew, the door lock does not work, and the door fittings are missing;
The fire exit does not have a hatch installed.

(Note: it is desirable that, along with the detected deficiencies, the document contains references to which specific clauses of the contract with the developer. Project documentation, relevant SNiPs, etc. were violated. However, if the developer signed this defective statement without these references, then it is considered that he agrees with the existing comments. If the developer does not sign this sheet, it is necessary to send it in the form of a valuable letter with a list of the attachments. And here it is required to indicate which specific standards are violated by the identified deficiencies.)

The document was drawn up jointly by the Parties to the agreement in accordance with paragraph 5 of Article 8 of the law on DDU.

The developer, after eliminating the shortcomings listed in this act, is obliged to notify the Participant in writing that the property is at the stage of readiness for acceptance and transfer.

Details of the Developer: Information about the Participant of the DDU:

_____________________ (information should copy

Data set out in the DDU)

_____________________ (signature) / F. AND ABOUT./

It is also advisable to indicate in the defect sheet the time frame within which the developer is obliged to eliminate the detected defects. In this sample there is no such line, since the claims work was carried out with the developer, who does not comply with the deadlines for putting the facility into operation. It should also be taken into account that the DDU clearly regulates the time frame within which an apartment in a new building must be inspected and handed over to the shareholder. Accordingly, for non-compliance, a penalty must be paid, the accrual of which is not suspended for the period during which the deficiencies must be eliminated. Thus, the developer himself is interested in doing this as soon as possible, so as not to subsequently pay large amounts of compensation to residents. If representatives of the developer’s organization refuse to sign the preliminary act, then this document should be sent to them in the form of a letter with an inventory.

If you are looking for information on how to accept an apartment, you should remember that the persons signing this document from the developer must have the right to do so. Because if they do not have the appropriate powers, the act loses legal force.

Another important nuance regarding the claims sheet is that it is often signed by a representative of the management company. However, this formulation of the question is incorrect, since the DDU clearly indicates two parties - the Developer and the Participant (buyer), therefore, only they have the right to sign such documents. If another organization is listed on the inspection sheet, then you need to inquire about the authority of such persons. In the absence of the necessary authority, it is necessary to duplicate the defective statement with a claim addressed to the developer. And the act of acceptance of the transfer of the apartment itself will be signed by the latter’s authorized employees.

What to do if deficiencies are discovered regarding the condition of the apartment or common property

One of the main questions regarding how to accept an apartment in a new building concerns the problem of the inconsistency of the object provided for inspection with the existing conditions of the building regulations, construction standards and other requirements listed in Article 7 of Law 214-FZ.

Lawyers working in this area of law recommend going to the apartment with an expert who has the right to estimate the amount it will cost to eliminate the problems found and draw up his conclusions in the form of a conclusion. This document has official force and can be used as evidence of your position in court.

Article 7 of the law on DDU regulates the rights of the buyer when defects in the apartment are discovered. In accordance with it, the shareholder may demand:

Eliminate defects. According to the law, the period for eliminating deficiencies free of charge must be agreed upon by the parties, but most often the shareholder is verbally informed that as soon as the problems are eliminated, a call will follow. The buyer has the right to demand compliance with the law. Each participant in the DDU decides for himself whether to believe or not promises that are not confirmed in writing. As a rule, if the house was built on time and the defects are minor. Then they will be eliminated quickly, but if the construction is delayed, then perhaps the work to solve the problem of deficiencies will not be quick either;
Reduce the cost of the apartment. Most often, the buyer is able to achieve the exercise of this right only through the courts. Developers extremely rarely agree to reduce the cost of living space and return part of the funds. Alternatively, you can try to resolve the problem by offsetting mutual demands. This becomes possible if, after measurements, the area of the apartment has increased. Since the buyer is obligated to pay for the excess square footage, the developer may waive his claims in exchange for waiving the reduction in value;
Compensation for expenses to be incurred by the buyer when eliminating defects. First of all, the buyer must invite an expert who will document the existing shortcomings. Then they invite a construction company to fix them, and only after that it will be possible to file a claim in court, providing all the receipts for the repairs.

If significant violations of regulations and standards are detected, as well as if the shortcomings are not eliminated, the DDU participant receives the right:

cancel the contract,
demand a refund of the money paid,
demand payment of penalties for the use of funds for the entire period from the moment of their deposit.

However, it must be remembered that this process involves filing a corresponding claim in court. Moreover, even with a positive verdict, it is not always possible to obtain a refund of the money paid. You can read more about this here.

What you need to know about accepting an apartment if no deficiencies are found

If the shareholder, after inspection, agrees to accept the apartment, then you need to make sure that the date of signing the deed is present in the document and corresponds to reality. This requirement is especially relevant if the delivery of the house occurs later than planned. The absence of a date risks the fact that after signing, the developer can put any number he needs in the empty column. And this, in turn, can lead to a significant loss of funds for the buyer. He may lose the right to demand a penalty for the delay in putting the house into operation, or he may be required to pay utility bills for the entire period from the date of acceptance of the house. There is one more nuance - before signing the act, the participant of the DDU may be required to make advance payments for utilities. Such a claim is illegal; payment of this amount can only be made on a voluntary basis. However, in case of refusal, the developer usually does not sign the deed and does not give the keys to the buyer. As a result, the shareholder has to prove his case in court.

All issues related to delays in commissioning are regulated by existing legislation, but it does not indicate what to do if the act contains a phrase about the absence of material claims on the part of the buyer.

The shareholder has the right to demand the removal of such clauses from the document, but if the keys to the apartment are needed immediately, and the developer refuses to redo the documents, then such a deed can be signed.