Buying an apartment in a new building. What documents does a developer need to have to build a house? What documents to ask from the developer

We check the reliability of the company. What documents must the developer have? Who should I contact for help?

Reading time: 9 minutes

Buying an apartment on the primary market has a lot of advantages. This includes cost, new communications, layout, and modern building materials. In the end, such real estate has no history, which is also a positive thing. The joy of a purchase can only be overshadowed by poor quality of work or delays in delivery of the house. In the “peak” case, construction can stall for a long time, or even forever. It is the fear of repeating the fate of defrauded shareholders that keeps many citizens from buying apartments in new buildings.

How to check the reliability of a company?

But caution, even justified, is not a reason to give up your dream. The main thing is the right approach to choice. The ideal investor is a reliable, responsible company with a good reputation and a solid production base, operating strictly within the framework of federal legislation.

On the forums you can learn a lot of useful information about the developer

To find such a developer, it is best to turn to open sources for help. Information can be gleaned from analytical articles and reviews, which are available in large quantities on the Internet. There are many sites on the Internet dedicated to real estate and forums for real estate investors that will help weed out unscrupulous and simply irresponsible developers.

If, after a preliminary filter, you have chosen an attractive property, you need to finally make sure that this developer is worthy of your trust. To do this, you need to carefully study the documentation relating to both the developer himself and the residential complex in which you plan to purchase an apartment.

What documents do you require from the developer?

Since any construction is burdened with a large number of papers, you need to immediately make a list that is of particular importance to the investor. A potential equity holder must have access to the following documents:

• constituent documentation;
• developer licenses;
• building permit;
• project documentation;
• title documents for the land plot;
• financial documents.

It is advisable to carry yourself with calm confidence in the office. According to Articles 19, 20 and 21 of the Federal Law, a potential shareholder has the right to request from the developer all the necessary documents (originals or certified copies). Theoretically, papers should be provided upon request, but in practice the opposite happens. If an office employee refuses to show the requested documents, this is a reason to say goodbye to the company forever.

If you do not have sufficient experience to work with papers, invite a specialist who deals with new buildings - a competent realtor or lawyer. He will study the documents and give them an expert assessment.

Constituent documents - so that everything is according to the law

The developer's constituent documents include:

• Company Charter;
• TIN certificate;
• OGRN certificate;
• Certificate of registration in the Unified State Register of Legal Entities.

Pay attention to the correct spelling of the company name and to the coincidence of its actual and legal addresses. It would be useful to inquire about the details of the founders and co-owners of the company, as well as the distribution of votes in the governing bodies. Information about the objects that the company has sold over the past three years and their addresses is very important. Be sure to find out how well the delivery dates of each residential complex corresponded to the planned ones.

If some information seems unreliable to you, or if there are differences between the data in the documents and on the official website of the developer, it is better to exercise caution and double-check the information again.

Developer's license and building permit - check the validity period

Every construction company must have a license, and new buildings must have a building permit

The developer's license is another document that a potential equity holder should study. It gives the company the right to carry out construction-related activities. First of all, you should check the data that is important to the buyer - the date of receipt, the type and number of the license, the authority that issued the document.

The first thing you need to make sure is that the license has not expired. Be sure to ask the office staff to show the original document. It is very important that the developer has a valid license, as it legitimizes the company’s activities.

The second important document is a construction permit. The company can simultaneously build several projects, so make sure that it is registered for the one in which you want to purchase housing. There are often cases when a developer prepares documents for one object and builds several residential complexes in parallel. In addition, check the date the permit was issued, as it may be expired.

What does it cost us to build a house?

If everything is in order with the construction permit and license, then you can proceed to study the project declaration. It contains all the information about the future home, so the importance of this document cannot be overestimated.

The developer must make the declaration publicly available so that all potential investors can review it. It undergoes the State Construction Expertise, which issues a conclusion on the document’s compliance with technical regulations and established standards adopted in the Russian Federation.

Information specified in the project declaration includes:

• purpose, timing and stages of construction;
• project address;
• permission for land and start of construction;
• number and technical characteristics of apartments;
• the composition of the property that will be transferred into the common possession of the residents of the house;
• functions and purpose of premises that will not be included in the shared ownership of residents;
• the expected time frame for putting the house into operation and the name of the organization responsible for this;
• financial risks and their insurance;
• estimated cost of the project;
• a list of contractors responsible for performing individual stages of work;
• information on additional investments in construction;
• the way in which the developer will fulfill its obligations.

Rent or ownership: we check land documents

It is important to know who owns the land

In addition to documents certifying the legitimacy of the company and its construction projects, the land plot on which the building is being erected is equally important. If the documents for the land are not in order, the finished house may wait for years to be put into operation, and along with it, the shareholders who are unlucky enough to contact a company that has not properly formalized land relations.

A developer may construct a residential building on a site that is under a long-term lease or is owned by the property. If a lease agreement has been concluded between the company and the land owner, you need to check whether it will expire before the planned completion of construction. If the developer owns the land on the basis of a certificate of ownership, then you need to make sure that the information in the constituent documents and the certificate completely matches.

Pay special attention to the details specified in the title documents, and above all, to the address and area of ​​the plot, its cadastral number. If the site is leased, it would not hurt to clarify the details of its owner.

It would be useful to recall that the expected and actual construction completion dates rarely coincide. The project becomes officially recognized as a long-term construction project if the commissioning date lags behind the planned one by three years. It is therefore important that the lease agreement provides sufficient time allowance.

Financial stability and its importance for doing business

The financial position of the company is the most important factor on which the quality and timing of construction largely depends. You can get an idea of ​​it based on the balance sheet and annual reports. If you do not have sufficient qualifications to figure this out yourself, hire a specialist - a lawyer or realtor.

When you start checking the state of affairs in the company to which you are going to entrust the construction of your home, do it with all possible care. Remember that your peace of mind and future well-being may depend on it.

There are many advantages to buying an apartment on the primary market. These include the price of the property, layout, readiness of the premises for finishing and much more. But the joy of a housewarming, and most importantly, its timing directly depends on the professionalism and reliability of the developer. Many people are afraid to invest in primary housing, recalling examples of well-known long-term construction projects and defrauded shareholders. However, the problems of individual construction companies should not bury your dream of building an apartment. The main thing is to choose a developer wisely.

To do this, it is useful to study all available information about the developer in open sources. Publications of analytical publications and real estate websites, reviews from realtors and, of course, forums for real estate investors. On the Internet, not a single unscrupulous company will be able to maintain the appearance of a good reputation - injured clients will definitely expose the scammers.

Collecting the opinions of Internet users and experts is a preliminary filter that should convince you that you can deal with the developer. After this, the main stage of verification begins - studying the documentation.

Actions:

Action 1

Determining the required list of documents

The construction process is accompanied by a huge amount of documentation. To confuse a meticulous client, an unscrupulous developer may provide dozens of minor documents for review, but at the same time hide the most important ones. Therefore, you need to know exactly what to ask for. The future shareholder should be interested in both information about the developer and data about the construction project.

Make a list of required documents in advance:

1. 1 Constituent documents of the developer
2. 2 Developer's license
3. 3 Construction permit
4. 4 Project documentation for the facility
5. 5 Title documents for land
6. 6 Financial documents

Act 2

Let's clarify our rights

Before coming to the developer's office, you must be sure of your rights and communicate with company representatives calmly but firmly. The client has the right to request the necessary documents on the basis of Art. 19, art. 20, art. 21, Federal Law of December 30, 2004 N 214-FZ “On participation in shared-equity construction of apartment buildings and other objects.” In a controversial situation, you can safely refer to this regulatory act.

Ideally, the developer should provide all the requested papers for review without unnecessary red tape - it is in his interests to show trustworthiness at the very first stages of interaction with the client. But in reality, you may be refused - this should immediately alert a potential buyer. However, before you leave the construction company’s office forever, check the credentials of the employee who refused to provide documents. Perhaps the issue is not the malice of the developer, but the incompetence of the individual manager.

Require originals or notarized copies of documents. Scanned versions or photocopies may be fake.

When analyzing documents, it is better to take the help of a professional. Invite a competent lawyer or realtor who deals with new buildings. Such a specialist can be found on any reputable real estate website. For example, use the “Realtors on Duty” service on the GdeEtoDom.RU website.

Act 3

We check the constituent documents

The first step in checking a developer is to become familiar with the company's constituent documents. These include:

1. 1 Charter of the company
2. 2 Certificate of inclusion in the Unified State Register of Legal Entities (USRLE)
3. 3 OGRN certificate
4. 4 TIN certificate

Check the correctness of the information about the company name, its actual and legal address. Check the information about the founders and co-owners of the legal entity - not only the full name, but also the percentage of votes of each of these people in the company's management bodies.

Request information about construction projects in which the company has been involved in the last three years. You must be provided with information about the address of these properties and the actual timing of their commissioning.

Do not forget to check the documents and powers of attorney on the basis of which the company representative negotiates with you and offers to conclude an agreement.

This is a basic list and is not exhaustive. If necessary, officials have the right to request additional documents. For example, in the case of privatization of housing, to obtain a technical passport you will additionally need:

If any data seems suspicious to you or contradicts the information published on the company’s official website, this is a reason to take a break and double-check everything.

Act 4

Checking the developer's license

If the constituent documents do not cause you doubts, you can study the developer's license and building permit. You should pay attention to the type of license and number, and also clarify which authority issued it. But the main thing that should concern you is the validity period of the developer’s license. It is imperative to see the original document and make sure that it is still valid.

It is important to request a building permit to ensure which property it was issued for. Sometimes developers are working on several projects in parallel, although they have only completed documents for one. It is also important to clarify the period for which the permit was issued - it may turn out that it has long been outdated.

Action 5

Let's get acquainted with the project declaration

The project declaration is the main document of your future home. The developer is obliged to place it in the public domain for all potential investors to review. The most important part of the declaration is the conclusion of the State Construction Expertise. It must confirm that the project complies with all established standards and technical regulations. All information that the company will provide you about the future construction must be carefully checked for compliance with the project documentation.

The project declaration must indicate:

1. 1 The purpose of the construction project, its stages and timing
2. 2 Construction and land permits
3. 3 Property address
4. 4 Number of apartments in an apartment building and their technical characteristics
5. 5 Composition of common property that will become the common shared ownership of all residents of the house
6. 6 Functional purpose of non-residential premises that are not part of common shared ownership
7. 7 Estimated date for putting the house into operation and the government agency that will issue the appropriate permit
8. 8 Financial risks of the project and measures to insure them
9. 9 Planned construction cost
10. 10 List of contractors for main construction and installation works
11. 11 Method of ensuring the fulfillment of the developer’s obligations under the contract
12. 12 Information about other investment funds for building a house

Action 6

We check title documents for land

The land under the house should be of no less interest to the future shareholder than the walls and communications. If there is something wrong with the title documents for the site, the finished building may not be put into operation for years.

A developer can legally work on the basis of two types of documents. This is a certificate of ownership of land, or a long-term lease agreement for a plot. In the first case, you must carefully compare the data in the certificate with the company's constituent documents. The second is to make sure that the lease does not expire until the house is completed and put into operation.

Please note that estimated and actual construction completion dates always differ. A house is officially considered long-term construction only when the delay exceeds three years. Therefore, renting a plot should be with a reserve.

When studying title documents, pay attention to their details. If we are talking about rent, check the information about the owner of the land. But the most important parameters that you should check are the site address, cadastral number and area.

Action 7

We check the financial documents of the developer

You can begin to analyze the financial condition of the developer after you have satisfied all other documents. However, this stage is far from the last in importance. The stable position of the company is one of the main guarantees that the house will be built with high quality and on time.

A potential shareholder has every right to feel like an auditor. You can analyze the financial condition of the developer on the basis of approved annual reports and accounting documentation for the three previous calendar periods. If the company has only recently entered the market, request information for the entire actual period of activity. Data on the distribution of profits and losses will confirm the effectiveness and reliability of the developer more eloquently than any words.

Checking the documents of a construction company is a difficult, troublesome and responsible task. It will require a lot of your time and attention, and possibly costs for the services of a realtor or lawyer. However, this is exactly the case when the stingy pays twice. Do not save energy and money - negligence in this matter can result in much greater losses if the developer turns out to be a fraudster. A competent approach and careful study of papers will allow you to sleep peacefully and confidently prepare for your future housewarming party.

The segment for purchasing primary housing has taken a lead in comparison with secondary housing. Due to the expansion of the market, the appearance of houses not only on the outskirts of the city and new areas, but also in prestigious locations, the purchase of housing in a new building is the most common real estate transaction.

There are several options for preparing a transaction for the selected property. Can:

• independently conclude an agreement with the developer or his official representative,
• carry out the transaction through the mediation of a real estate agency or with the help of a hired lawyer who will check the papers.

The number and list of documents that will need to be collected and checked depends on the method of purchasing and paying for housing. possible in installments, with a mortgage, through a cooperative, with the help of equity participation, for cash.

When purchasing for cash, the buyer will need to provide a passport, a receipt for payment of the apartment and state registration fees, as well as a notarized consent for the purchase of the spouse and a marriage certificate.

With shared participation, the package of documents is similar, only the receipt at the conclusion of the contract will not be for the full amount in case of cash payment, because full payment is received upon transfer of the property to the buyer.

To purchase housing through a cooperative, you will need to join it. As a rule, housing cooperatives are created by the developers themselves; they do not want to waste time due to lack of funds, so they attract clients in advance. When concluding an agreement, a receipt for payment of the share will be required. Other documents from the standard list.

It is precisely because of the differences between the contracts that one cannot rely on standards; each point must be checked.

If the house has already been built, the developer must have documents confirming the connection to communications (). Without such papers, the house is not accepted by the expert, and therefore is not put into operation. Then the waiting period for new housing may extend for an unknown amount of time.

Documents from the developer

You will need the following documents from the developer:

• an accurate description of the property being purchased,
• certificate of price and terms of payment, installments,
• the seller’s warranty obligations (repair of taps, skewed windows, cracks in walls, etc.), which cannot be less than five years,
• an agreement specifying the terms of transfer of ownership of housing to the buyer.

You should familiarize yourself with the developer's title papers, construction permits, investment contracts, protocol for the distribution of apartments, certificate of ownership of land for construction or land lease agreement, resolutions of local administration authorities, design documentation and technical justifications.

In order to make sure of the reliability of the seller’s company, you should familiarize yourself with the constituent documents, TIN, OGRN, certificate of inclusion in the unified register, etc.

If a company refuses to provide any information, this should raise red flags.

Step-by-step instruction

The process of purchasing a home should begin by choosing an area. Afterwards, the buyer must decide on the developer company. At this stage, it would not be amiss to visit the company’s already commissioned properties and ask the residents about existing shortcomings in the apartments.

The next stage is the selection of suitable housing (floor, square footage, view from the windows, price) and preparation of documents, for example, for a mortgage.

Approval of the loan by the bank serves as some guarantor of the transaction and the reliability of the developer.

If decent housing has been selected and the papers have been collected, you can contact lawyers for help. Only after their approval can you sign. Acceptance is carried out according to an act, with an inventory of the defects found (in case of acquisition at the construction stage).

After signing the contract, if the housing is transferred to the owner, you should obtain a certificate of ownership and. When signing the contract, the documents must be stapled. The buyer is provided with a receipt indicating the amount of payment.

Tax

When purchasing real estate or housing, two types of taxes are calculated.

Every year, property taxes are assessed at a progressive rate, depending on the cadastral value of the apartment.

Also, persons who purchased housing in a new building are entitled to it if they are income tax payers. The calculation is based on the value of the property specified in the contract.

The return rate is 13%, which is a maximum of 260 thousand rubles.

The amount of tax refundable on a mortgage loan is no more than 390 thousand rubles, i.e. from the amount of 3 million rubles.

This calculation procedure is beneficial for residents of small towns where real estate is cheaper. The return is issued only for the next year, although a certificate in form 2-NDFL can be taken taking into account the past 3 years.

You can submit documents at any time; there is no statute of limitations on this issue.

You can apply for a deduction through the employer’s accounting department or at the tax authorities at your place of residence.

List of documents for filing a tax deduction:

• Personal statement
• copy of the passport,
• income certificate in form 2-NDFL,
• declaration,
• home purchase agreement,
• documents confirming its payment,
• housing acceptance certificate,
• proof of ownership.

If the apartment is taken out on a mortgage, you will additionally need a loan agreement, a certificate of interest (for each year separately) and loan payment receipts for the same period.

When purchasing jointly with a mortgage by spouses or when registering housing for a child, you should attach a marriage certificate or birth certificate of a child, respectively. You also need a certificate of distribution of shares.

Risks of buying an apartment in a new building

Protecting yourself from risk is the buyer’s main task. The cost of the apartment is high, so risks must be minimized.

Firstly, you cannot make any payments before concluding a contract.

Any advance payments, even in exchange for discounts, should not be made until a formal contract has been concluded.

Secondly, it should be understood that when purchasing real estate in a new building before it is put into operation, the client risks together with the company, even if it conducts business honestly.

In such a situation, the client becomes a full partner of the developer and bears proportionate responsibility. In the event of force majeure, ruin, etc. the buyer may simply not get the apartment. Some realtors, when transacting equity participation in construction, offer to insure the risk of ruin of the developer partner.

For example, buyers may complain about long-term construction, poor landscaping of the local area of ​​the company's facilities, leaking taps, weak double-glazed windows, poor-quality finishing, high humidity, problems with documents, cases of fraud, etc.

Before purchasing, you must inspect the apartment, exactly the one you are going to purchase. and enter into an agreement only with 100% confidence. The reliability of a company can be indicated by accreditation in a reputable reliable bank with low rates or state participation in capital.

The biggest risk awaits the buyer when signing the contract. Each of its points can hide a trap.

Sometimes developers resort to various price tricks. The contract may stipulate conditions under which the amount will increase by the final date of transfer of housing. Pay attention to the clauses that indicate the possibility of additional payment.

The agreement does not have to be signed right away; you can show it to a lawyer, suggest adjustments (if necessary), and only then sign it.

It is worth paying attention to the contract form itself. A reputable company orders letterhead with watermarks that cannot be faked.

Please note that if you contact the developer directly, especially if you pay in cash, you can get a significant discount.

Unified State Register in relation to this allotment. In the document you can see who is the owner of a certain plot at a specific point in time. If construction is carried out on the basis of a lease agreement, it is worth paying attention to the following elements of the agreement:

• The period of validity of the lease agreement (it must be one year or more).
• The presence of a stamp that would confirm the state registration of the document (set directly in the contract).
• Confirmation of the right of the developer leasing the land plot to erect residential buildings on it.
• Mention that the construction company itself acts as a tenant.

If the lease period comes to an end before the developer plans to put the house into operation, there must be an additional agreement to extend the lease period.

What documents are drawn up for shared participation in construction?

In accordance with the Law, the Agreement for participation in shared construction must contain:

• determination of a specific shared construction object to be transferred in accordance with the design documentation by the developer after he has received permission to put into operation an apartment building;
• the deadline for the developer to transfer the shared construction project to the shared construction participant;
• the contract price, terms and procedure for its payment;
• warranty period for a shared construction project;
• ways to ensure the developer fulfills his obligations under the contract.

If any of the above conditions are absent from the Agreement, such agreement, in accordance with the law, is considered not concluded. If you are offered to enter into an Agreement for participation in shared construction in the absence of the above conditions or not to register it, keep this in mind.

What documents must the developer provide to the equity holder?

• Untimely completed construction.
• Termination of a contractual agreement on the initiative of a construction company under a far-fetched pretext with the return of money (when it has already depreciated due to inflation).
• Identification of defects during the transfer of an apartment and the developer’s refusal to eliminate them.
• Delay in the transfer of real estate due to the fault of the construction company, which does not allow the client to take possession of the apartment in a timely manner.

To avoid the above problems, it is important to carefully check the developer and request documents that will allow you to determine the legality of his activities and the absence of problems with the real estate being built.

What documents need to be checked when purchasing an apartment from a developer?

At the same time, it is the execution of an agreement for shared participation in construction that today is the most popular mechanism for raising funds for the construction of an apartment building. This is largely due to the fact that such a mechanism is most widely known to citizens, and therefore they invest money in houses under construction, drawing up documents in this way, most willingly, and treat other methods of participation in construction with a certain degree of wariness. In addition, an additional tool protection of citizens' savings from abuse by the developer in the event of concluding an agreement for participation in shared construction is the fact that paragraph 3 of Article 4 of Federal Law No. 214-FZ of December 30, 2004 “On shared participation in construction” contains a requirement for the mandatory registration of such a document in the justice authorities.

The procedure and nuances of registering property rights under the DDU

The construction company is obliged to draw up this document and put it on public display - in the media or on the official website. Everyone should be able to find and study this document. The list and composition of the project declaration is discussed in detail in Federal Law No. 214, articles 20 and 21.

Attention

Can the developer refuse to provide the requested documents? The construction company is obliged to present the above papers for consideration, because this is stipulated in Federal Law No. 214. If the developer ignores the legal requirement of the shareholder or other person to transfer the necessary information, he falls under the Code of Administrative Offenses of the Russian Federation (Article 14.28), which implies administrative liability. This article states that for publishing information that does not correspond to reality in the media, or transmitting incomplete or unreliable data, a construction company is fined in the amount of 200 to 400 thousand rubles.

Shared construction: what you need to know? law on shared construction

Federal Law No. 214 in terms of obtaining permission to construct an object, posting a project declaration, state registration of the right to a land plot, as well as the existence of an agreement drawn up in writing and passed state registration. What documents should the developer provide to the shareholder? After signing this document, the obligations of the developer company are considered fulfilled, and the residents will have to eliminate the shortcomings. Any shortcomings found in the apartment can be “sorted out” in several ways:

• the developer will fix everything himself;
• the owner will eliminate the deficiencies, and the developer will compensate for the costs of repairs;
• the cost of housing can be reduced by the amount needed for repairs.

The owner must have a transfer and acceptance certificate in his hands, signed by a representative of the developer. One copy remains with the developer.

What documents must the developer provide to the shareholder when transferring the apartment?

If defects were identified during operation, the developer is obliged to compensate the client for their elimination. Secondly, do not give in to persuasion. Below are the most common schemes of action of developers, which are aimed at putting pressure on the client: - they ask you to sign papers, assuring that all problems will be corrected later; - they claim that they will draw up “another act” in which all claims will be reflected; — they threaten that, in case of violation of the deadlines for processing documents, the client will have to pay a fine for rejection of the object. Competent help There are a lot of nuances that you need to pay attention to.

Therefore, it is better to seek help from a specialist who knows how to correctly draw up documents for shared construction, what you need to know and take into account at each stage of the transaction.

What documents must be present when the developer transfers an apartment to a shareholder?

Each legal entity must have the following documents confirming its legal status:

• certificates of registration and TIN;
• extract from the Unified State Register of Legal Entities (publicly available information from the Unified State Register of Legal Entities can also be obtained by any interested person through the Federal Tax Service website);
• constituent documents (including the charter), from which it is possible to establish: the size of the authorized capital, the composition of the founders, the structure and name of management bodies, etc.

This information will allow us to establish the circle of people who founded the company and take part in its activities. Our lawyers know the answer to your question. If you want to find out how to solve your particular problem, then ask our duty lawyer online.
The shared construction agreement is considered concluded from the moment of state registration. Otherwise it will be considered invalid. The paper must contain a description of the object, the transfer period, the cost and payment procedure, and the guarantee. Check the documents. The Federal Law stipulates that a company can raise funds only after receiving permission, publishing a project declaration and registering ownership.
If at least one of these conditions is not met, the citizen can demand the return of the money with interest. They are calculated at a double refinancing rate. According to the agreement, the company must build the property within a specified period of time, and after receiving permission from government agencies for commissioning, transfer it to the participant in the transaction.
The other party agrees to pay the agreed price and accept the object (subject to permission).

What documents does the developer issue during shared construction?

Equity participation in construction: legal features What is the responsibility of the Developer for providing false/incomplete information, the provision of which is the responsibility of the Developer, in accordance with 214-FZ? For failure by the Developer to fulfill this obligation, administrative liability is provided for, established by Article 14.28 of the Code of Administrative Offenses of the Russian Federation: for publishing in the media a project declaration containing incomplete or unreliable information, as well as for providing incomplete or unreliable information, the provision of which is mandatory for the Developer - a fine may be imposed on the Developer 200,000 to 400,000 rubles (for an official - from 5,000 to 15,000 rubles).
But in this case they need additional guarantees. For example, an open letter of credit at a bank. The client deposits funds into it at the time of signing the contract. But the developer will have access to them only after the share participation in the construction of the house is registered. This measure simultaneously guarantees the client’s solvency and allows compliance with legal regulations. Acceptance of the property from the developer What do you need to know about shared construction at the stage of putting an apartment into operation? First, this process should be approached thoughtfully. All questions should be clarified before signing the documents. All identified deficiencies must be reflected in writing in the statement of non-conformity of the object.
The developer’s obligations are considered fulfilled by law from the moment the premises acceptance document is signed. The participant has the right to demand the elimination of deficiencies free of charge or a reduction in the transaction price.
What is the responsibility of the Developer for providing false/incomplete information, the provision of which is the responsibility of the Developer, in accordance with 214-FZ? For failure by the Developer to fulfill this obligation, administrative liability is provided for, established by Article 14.28 of the Code of Administrative Offenses of the Russian Federation: for publishing in the media a project declaration containing incomplete or unreliable information, as well as for providing incomplete or unreliable information, the provision of which is mandatory for the Developer - a fine may be imposed on the Developer 200,000 to 400,000 rubles (for an official - from 5,000 to 15,000 rubles).

Despite the fact that the authorities are making a lot of efforts to reduce the number of defrauded shareholders, today, according to Marat Oganesyan, senior vice president of the Russian Capital Bank, there are 100 thousand such people in Russia. the site has prepared step-by-step instructions with which you can independently check the developer and understand whether there is a risk of becoming a defrauded shareholder.

Last year, 2,700 companies went bankrupt in Russia, this year there are already 170, and 5 of them built new buildings in Moscow and the Moscow region. And as Olga Tarakanova, CEO of ORDO Group, noted, most of the bankrupt companies were not new to the real estate market: their experience was 7 years or more. The loudest bankruptcy that thundered throughout the country is, of course, the sad story of the Su-155 company. The editors of the site, together with a lawyer, met with deceived buyers who told their stories.

Unfortunately, the crisis has intensified competition in the real estate market of the Moscow region. As Marat Khusnullin, Deputy Mayor of Moscow for Urban Development Policy and Construction, emphasized at the 7th “Dialogue with Investor” seminar, only 5% of construction companies deliberately fraudulently collect money supposedly for construction projects and then disappear with it. “The rest of the developers cannot complete the construction due to incorrectly structured businesses, errors in planning and ill-conceived business strategies. And this is another reason why only professionals should remain in the industry,” the official emphasized then.

According to the Prosecutor General's Office of the Russian Federation inIIn the quarter of 2016, 254 crimes were committed in Russia in the field of shared-equity construction, and 124 criminal cases were initiated. It is obvious that violations of the rights of shareholders continue to be widespread

the site has already written about what an apartment buyer should do if the developer is declared bankrupt and construction is frozen. Today our Mystery Shopper offers detailed instructions that will help you independently assess whether it is safe to buy an apartment in the new building you like.

1. We look at the permitting documentation

We begin checking the construction site with permitting documentation. The minimum that should be present on the registered website of a new building and/or on the website of the developer (as well as brokers, if real estate agencies are involved in sales) is a project declaration and a building permit. If there are additional technical conditions for communications, a sample DDU, this only confirms that the developer has nothing to hide, and from a legal point of view, the construction is absolutely clean. For a complete list of materials that you need to ask to see at the developer’s office, read the article by Vasily Sharapov, lawyer of the development company City-XXI Century, “If the developer does not present documents, this is a bad sign.”

2. DDU vs housing cooperative

Today in the Moscow region, almost all developers sell housing under an equity participation agreement. Only 7% continue to work for housing cooperatives. Unfortunately, the DDU, despite the fact that it is the safest form of purchasing an apartment in a new building, does not protect against under- and long-term construction. That is why the authorities are constantly making attempts to modernize 214-FZ in order to protect shareholders as best as possible.

However, if the developer offers you a housing cooperative agreement, be aware that it is not registered with the Registration Chamber, which means it does not protect against double sales; The housing cooperative agreement allows the developer to postpone the completion of the residential complex, because in essence the housing cooperative agreement is people who voluntarily gathered into a cooperative and decided to build a house for themselves. Accordingly, if such a cooperative hired an illiterate or unscrupulous general contractor, the cooperative itself will bear responsibility. Read more about all the risks of a housing cooperative agreement in the author’s article by Denis Artemov, a lawyer at the Via lege law firm, “How to reduce risks when purchasing an apartment under a housing cooperative scheme.”

3. Developervsdeveloper

Often a developer is created for a project. So, sometimes in the documents the developer may be a plant, on the site of which a new building is being built. Creating a certain LLC for a project is a common practice. Developers claim that it is convenient for them to create a separate legal entity for construction, because this makes taxation easier, financial flows are separated, there is no confusion, because large developers can have several construction projects underway at the same time.

However, buyers get confused when they see that a well-known company is selling apartments, and the contract is concluded with a newcomer, which is not only specially created for construction, but also the founders include a company with an unpronounceable name, registered in Cyprus or some other offshore zone .

Of course, this cannot but be alarming. And it should be alarming. It’s one thing when 100% of the shares of the created legal entity belong to the developer, and quite another thing when the traces of the founder are lost offshore, and the shareholders’ money will also remain there if construction stops.

4. List of bona fide developers

Every quarter, Moskomstroyinvest updates a list of reliable Moscow developers on its website. You can write the name of the construction company in the “Search” field and see the result. The list includes only those developers who work within the framework of 214-FZ. However, as Konstantin Timofeev, chairman of Moskomstroyinvest, warns, it is necessary to pay attention to the address of the property, because there have been cases when a developer worked within the law at one address, but did not submit reports at another. “Therefore, when purchasing an apartment, we recommend that citizens make sure that not only the developer, but also the house itself is on the list,” the official emphasizes. There is also a list of bankrupt developers on the Moskomstroyinvest website.

5. Status of the land plot

In the project declaration, it is important not only to establish the relationship between the developer and the developer, but also to check the status of the land plot to make sure that the developer actually has the right to build an apartment building on the purchased or leased land. The status is very easy to check on the Rosreestr website in the section “Reference information on real estate objects online”. You just need to enter the address or cadastral number of the plot, and the plot itself and its status will be visible on the public cadastral map.

6. Developer liability insurance

On January 1, 2014, compulsory liability insurance for developers was introduced (from January 1, 2017, insurance will replace the compensation fund). The project declaration, as well as the DDU, must indicate the insurer who insures the construction of the residential complex. However, few buyers know that only an insurer accredited by the Central Bank has the right to work in the real estate market and insure construction sites. There is a list of these insurers on the Central Bank website. It is also periodically updated: for example, until recently there were 19 companies listed on it, and today there are already 15. Be sure to check the list and check whether the insurer specified in your DDU is included in it.

7. Payment for the apartment according to the DDU

Unfortunately, a frequent violation of the share participation agreement is the procedure for raising money by developers. Despite the fact that the DDU may say that the shareholder must pay for the apartment within 3-5 days from the date of return of the contract from registration, developers like to bypass this point.

“The most common violation of the law is raising money from a shareholder before registering a pre-employment trust. 880 million rubles - this is the volume of fines issued to developers for this violation in 2015.”

Chairman of Moskomstroyinvest Konstantin Timofeev

Even at the stage of selecting an apartment, check with the sales manager in what order you should pay for the apartment. If they tell you that you must pay the first installment after signing the agreement and in cash, this is a direct violation of the law. The buyer can deposit money into the developer’s letter of credit, but the company can only gain access to it after returning the LDU from registration. You can pay for an apartment in cash, but only if you have a registered DDU in your hands. However, a letter of credit today is the safest way to make payments with a developer. The buyer may lose the check, but the bank (as a participant in the transaction) will always provide confirmation of the transaction.

8. PDKP and booking agreement

As a rule, today most developers provide a free verbal apartment reservation service for up to 3 days. However, you can book an apartment for longer, but you will have to pay for it. Often this money is used to offset the cost of the property, unless the buyer later changes his mind about making the deal. Before the DDU, the developer may offer the buyer to enter into a reservation agreement, however, if the developer invites you to verbally agree on the reservation and deposit money, this is a reason to be wary. All agreements involving financing must be documented between the parties.

Also, some developers today propose concluding a preliminary share participation agreement, arguing that this agreement is a document of the parties’ intentions. However, you need to know that PDKP is not registered, unlike DDU, and therefore does not protect against double sales. It is especially dangerous to enter into such an agreement at the excavation stage, even if, under the guise of the PDKP, the developer offers you to make a deposit - since if this agreement is terminated at the initiative of the buyer, the deposit in accordance with clause 2 of Article 381 of the Civil Code of the Russian Federation is not refundable.

The PDCP can only be signed when the house has already been built, but is undergoing the acceptance procedure by the state commission - in this case there is no longer any fear of long-term construction. Read more about the PDKP in the article by the head of the legal department of the Gazprombank-Invest company, Alexander Kirilovichev, “Safe use of the preliminary purchase and sale agreement” and in the article by the head of the legal department of the MIG-Real Estate Group of Companies, Sergei Krakhin, “Risks of the preliminary purchase and sale agreement.”