According to him, when buying a share in a house under construction, an agreement is concluded between the developer and the buyer equity participation, it is a legal guarantee and protection of the buyer from default by the developer. But it is not enough to conclude an agreement with the developer, it is also necessary to without fail register it in Rosreestre. How to do this and how to check whether the DDU is registered with Rosreestr will be discussed in this article.
When buying an apartment often construction company uses not only his personal funds for construction, but also the funds of individuals and legal entities who can acquire a share in a house under construction (in the form of an apartment) and thereby profitably buy housing and finance construction. Accordingly, such an operation is secured by an equity participation agreement, or simply DDU for short.
Pitfalls of the equity agreement
Due to the law does not stipulate the form and content of equity participation agreements, for developers and its lawyers, this is an opportunity to add points to it that are beneficial to them and disadvantageous to the equity holder. Naturally, veiling it with tricky legal terms that are difficult for the layman. Therefore, it is better to learn about the pitfalls of DDU in advance.
The main points to be checked when signing the DDU:
- The contract must clearly indicate the building address of the house (it may change as a result of construction), the floor of the apartment being purchased, the preliminary number, area and technical plan.
- According to the law, the contract on the part of the developer must be signed by the general director, but in practice this is often done by other affiliated persons (sales managers, heads of sales services, commercial directors, etc.), they must be issued a notarized power of attorney, according to which they have the right to sign contracts for CEO. Demand it not only for review, but also a copy of it. If something goes wrong, you will be able to prove that officials put the signatures.
- It is necessary to check the building permit, this can be done at the local district administration by visiting it in person or looking at the website.
There are many more subtleties that can be specified in the equity agreement, therefore, before registering the agreement, best to get a copy from the builder and learn all the wisdom from an experienced lawyer.
Also note the cases changes in the area of the apartment. During construction, the project may undergo minor changes, and the area of your apartment, regardless of you, may either decrease or increase. Construction companies do not like to give money away and often stipulate such points in the contract - with an increase in the area as a result of construction, you must pay the company extra. And vice versa - if the area of the apartment decreases, the company should not return anything to you.
How to register a share agreement
Suppose you have concluded an agreement with the developer, made sure of everything and all the conditions stipulated in it suit you, the last stage remains - registration of the agreement with government agencies. This can be done in two institutions:
In terms of registration, both institutions are equally suitable, while, most likely, in Rosreestre registration will be faster, since this is a specialized state body that is directly involved in the registration of preschool institutions, and the MFC – It is an intermediary in the provision of public services.
After signing the contract, you and the representative of the developer go to Rosreestr or the MFC with a package of documents and hand them over to a specialist. The specialist will tell you the approximate date when you can return to them for documents. It usually takes seven business days.
Remember payment should occur only after registration of the contract in Rosreestr. If you pay immediately after signing the contract with the developer, you will act at your own peril and risk.
If something goes wrong at registration, you will not protect yourself and will not do without large financial and time costs.
Find out if DDU is registered
Checking registration at the MFC
If you applied to the MFC, then after submitting the package of documents, the specialist will issue you list of documents received from you. It will contain a list of documents received, the approximate date of their registration, as well as a code by which you can call and find out what status your application is in. Or enter this code on the MFC website your city. Since the design of the MFC websites may vary in different cities, the "Check application status" button may be located in different places. Usually it is located in the left corner on home page site. You can also leave your e-mail address to the specialist, and if your application is considered, you will be notified by e-mail.
Checking the registration in Rosreestr
When registering an agreement with Rosreestr, after receiving the documents by a specialist, you are issued receipt for documents. It indicates the date of the alleged consideration of documents, as already mentioned, this is approximately seven business days. Checking the status of the appeal, as in the MFC, does not exist in Rosreestr. However, registration can be checked online.
Checking registration through the Rosreestr website
If suddenly, for some reason, you cannot be present at the receipt of documents or any third party acts on your behalf, this often happens with legal entities, You can check the legitimacy of the transaction via the Internet.
To do this, you need to go to Rosreestr website https://rosreestr.ru/wps/portal/online_request and on the main page find the section "Reference information on real estate objects online". Enter the cadastral number of your property (see picture), it is specified in the contract. And click "Create a request", as indicated in the picture.
In the generated window, click on the link to the USRN. In the received report, open the "Rights and restrictions" tab, as shown in the figure. In the "Agreement" list, you just have to find yours. Your the contract number is indicated on the last page of the DDU along with the print. Contract numbers and their accounting are assigned and maintained by the developer company. If there are already a lot of DDU prisoners, you can use the search - just hold down Ctrl + F and dial your number. With every borrower is individual contract equity participation. Each contract number is unique and is assigned by the construction company.
Important note: pay attention to last update date information on the Rosreestr website. There are situations when, in fact, the transaction has already been completed and registered, but has not yet been displayed on the site. Do not panic ahead of time, first look at the date of the last update.
In accordance with the law 214-FZ, simply signing an equity participation agreement (DDU) with the developer is not enough. The contract is considered valid and enters into force only after its state registration Rosreestr. It is from this moment that the buyer becomes a shareholder and can use all methods of protecting rights, statutory. As a rule, the developer registers the DDU on its own. However, it is important not to let the process drift and make sure everything goes smoothly. Let's consider how a shareholder can check an equity participation agreement and make sure that he is registered with Rosreestr, as required by Federal Law 214. For clarity, we have prepared step-by-step instructions for all verification methods.
The easiest option is to check the equity participation agreement via the Internet on the Rosreestr website. Online verification allows you to quickly and free of charge make sure that the DDU is registered by Rosreestr.
Attention!
According to the law 214 FZ, payment for an apartment is made only after registration of a shared construction agreement. Do not pay the developer before!
You can check the registration of the DDU on the website of Rosreestr both by the description of the land plot and by the registration number of the contract in Rosreestr. However, in this case, the shareholder will not receive any confirmation of registration in his hands.
In addition, as a result of the check, it will be possible to see only the registration number of the DDU, without indicating other data (the date of the DDU, the registration number of the agreement issued by the developer, the full name of the shareholder). Therefore, this option is best suited for equity holders who already have a registered DDU in their hands, but want to make sure that everything is really in order. If the equity agreement has not yet been returned to the equity holder, it is better to order an extract from the real estate register (EGRN).
For online checks registering a preschool institution without leaving home, you must:
- go to the Rosreestr website: https://rosreestr.ru
- at the bottom of the site, click on the link "Electronic Services", and then go to the "Reference Information" subsection.
- On the page that appears, provide information about land plot given in the share agreement. As a rule, developers indicate these data in the first or second section, which is called the “Subject of the contract”.
Attention!
To check the registration of the DDU, you need to request information from the USRN in relation to the land plot. Searching for data about a future house or apartment will not bring results.
A contract of equity participation in construction is registered as an encumbrance on a land plot on which a new building will appear. That is why, in the request form on the website of Rosreestr, you must specify all the information available in the DDU about this land plot. As a rule, the cadastral number, area and address are indicated. Indicating data on the apartment usually does not make sense. At the time of registration of the DDU, the apartment has not yet been built, and Rosreestr will not be able to find it in its database.
If the registered DDU is already in hand, you can check it online using the registration number assigned by Rosreestr.
After filling in the information, you must click the button at the bottom of the screen "Create a request". A link with a description of the land will appear on the updated page. If the information was entered inaccurately at the previous step, there may be several such links. In this case, you need to select the one you need or clarify the request.
After clicking on the link with the description of the desired land plot, a page with its description opens. It is necessary to open the subsection on it: “Rights and restrictions” at the bottom of the page. Further, all the encumbrances of this site, which are registered in the USRN, will appear. In their list you need to find the registration number of your equity participation agreement.
The list contains only encumbrance numbers. If the contract registration number is not yet known, we recommend that you check the DDU by obtaining an extract from the real estate register (EGRN) about the land plot.
Due to technical features in the list, after the registration number of the encumbrance, the note “pledge” instead of “equity participation agreement” may be put.
Online information is late. If the DDU registration number is not in the list of encumbrances, the data may not have been updated yet. In this case, it is necessary to check when the last changes known to Rosreestr. This information is visible in the "date of information update" line.
Extract from the USRN "live"
There is another "traditional" way to find out if a DDU has been registered. To do this, you need to order a regular (paper) extract from the real estate register (EGRN). Unlike online verification, when using this method, the interest holder will receive an official "paper" document confirming the registration of his DDU.
To do this, the equity holder must contact a single center for the provision of public services, a multifunctional center (MFC) or an office of Rosreestr in your region and request an extract from the USRN on the land plot on which construction is underway. It will also contain information about all registered DDUs.
Usually ordering such an extract through the MFC is more convenient and faster. In addition, in some regions, Rosreestr does not receive directly, so the MFC remains the only option.
An extract from the USRN can be ordered by any person, even if not related to the land plot, since information from the USRN is publicly available.
Therefore, to apply to Rosreestr, you will not need to present any documents other than:
- receipts for payment of the state duty, the amount of which is 750 rubles;
- passport, which must be presented to an employee of the MFC or Rosreestr;
- data on the land plot for which the extract is requested. These data can be taken from the DDU. The original or copy of the contract is not required. It is enough to rewrite or copy the description of the land plot.
The term for obtaining an extract will be from five to seven working days, but sometimes there are delays.
In the received extract from the USRN, the equity holder needs to check the "Encumbrances" section. It must contain the registration number of the equity participation agreement.
Electronic extract from USRN
The shareholder may also submit a request for an electronic extract from the USRN on the Rosreestr website. The cost of such an extract is 300 rubles. However, to use this method, you must have electronic signature, which hardly makes sense to issue for a single request. If there is a signature, the following steps must be taken.
- go to the website of Rosreestr https://rosreestr.ru in the section "obtaining USRN information" at the bottom of the page;
- fill in information about the land;
- fill in information about the applicant (i.e. about yourself);
- additional documents do not need to be specified:
- on the new page, you need to check the request again and send it by clicking on the "Sign and send" button.
To order a USRN statement in this way, an electronic signature must be connected.
The extract will be sent to the e-mail that the applicant indicated in his request. Usually an extract arrives within two to three hours, but sometimes it can take up to a day.
Checking the electronic registration of the DDU
Using the methods listed in this article, you can also check whether the electronic registration of the DDU has occurred in Rosreestr. The result of any registration of a shared construction contract - both electronically and in a traditional offline form - will be the assignment of an official registration number. This number will be indicated in the USRN extract in the section on encumbrances of rights to the land plot where construction is underway.
additional verification
Additionally, the shareholder can, just in case, check his shared construction agreement on the website of our.dom.rf. Here you can find out whether the developer paid the necessary contributions to the shared construction compensation fund before registering this DDU.
In accordance with Law 214 FZ, payment of contributions to the compensation fund is mandatory only for projects where the first equity participation agreement was registered after October 20, 2017. At the same time, regardless of the date of registration, those developers who work with escrow accounts do not have to pay fees.
Checking can be done in the site section: "Check DDU" (located in the middle of the page).
To check, you need to enter the registration number of your DDU.
This system was created recently and may not work correctly at times. Rosreestr, when registering a DDU, also checks information on the payment of contributions to the compensation fund. So, if the DDU is successfully registered by Rosreestr, most likely, the fees have been paid, or their payment is not required.
How to find out the registration number of the equity participation agreement
You can find out the DDU registration number assigned by Rosreestr by looking at the back of the last page of the contract. Desired number indicated in the registration stamp supplied by Rosreestr during the processing of the DDU. As a rule, this number is entered by hand. The DDU number looks like several groups of numbers separated by the signs "/" and ":".
The registration number of the DDU in Rosreestr is not identical to the number issued by the developer when signing and registering the DDU in its internal accounting system (indicated on the first page in the name of the DDU). However, the developer's number is also important, since it will be indicated in the Rosreestr's entry on the creation of an encumbrance in the form of a DDU. By this number, the equity holder will be able to find his DDU in the “Encumbrances” section of the extract from the USRN for the land plot where the construction is being carried out.
What to do if Rosreestr refused to register DDU
Rosreestr may refuse to register an equity participation agreement for various reasons. However, no entry in the registry real estate will not appear. Instead, the applicant (as a rule, the developer submits documents for registration on behalf of both parties to the agreement) will be issued a letter explaining the reasons for which the decision was made to refuse registration of the DDU. Refusal may occur due to:
- technical errors: the documents required for registration were not submitted or errors were made in them;
- circumstances that make registration of a DDU impossible in principle: there is already another DDU for the same apartment or the developer is deprived of the right to receive money from citizens-shareholders.
A technical error is usually easy to fix by re-applying for registration with the correct package of documents. If Rosreestr refused for a significant reason, the acquisition of such an apartment may entail a serious risk for the buyer.
Therefore, if the equity participation agreement is not registered, it is necessary to request a letter from Rosreestr from the developer indicating the specific reason for the refusal. After reviewing it, the investor will be able to understand how best to proceed. The unwillingness of the developer to explain the reasons for the refusal is an alarming sign. Faced with such behavior of the developer, it is worth considering whether you need to buy an apartment from him.
Summing up the above, it should be noted once again that a timely search for information on whether a shared construction agreement has been registered will help the buyer of an apartment under construction avoid problems and loss of money. By checking your contract on the website or at the Rosreestr branch, the interest holder will be able to make sure that this contract is indeed registered, has become binding on the parties, and you can transfer money for the apartment to the developer.
This article contains general information on the content of the legislation and may not take into account the particularities of each case. Consult with a lawyer and find out how to act in your particular situation.
Equity participation in housing construction has become widespread in our country. Developers are increasingly choosing this method of raising funds from citizens and building a house with these funds, after which the apartments in this house become the property of participants in shared construction. It is very comfortable. Firstly, in the face of constantly rising real estate prices, this is an excellent way to invest money, since after the construction of a house is completed, apartments in it rise in price very significantly. Secondly, a participant in shared construction is more protected from the legal side than citizens who choose other ways of acquiring housing in apartment buildings under construction.
Relations related to the attraction of funds from citizens for shared construction apartment buildings and other real estate objects, settled federal law dated December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate objects”. You should familiarize yourself with this law, as well as the Federal Law of July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, before concluding an agreement and carrying out its state registration.
What, first of all, should be paid attention to when signing and state registration of an agreement on equity participation in construction?
The contract itself must contain essential conditions, which are the description of the apartment under construction: address, proposed number, floor, area, number of rooms, the presence of balconies, loggias, etc. If the apartment is rented with finishing, then either in the contract or in the appendix to it, all types of work must be listed. The term for the delivery of the apartment must be named, that is, the term for the transfer and acceptance of the apartment according to the act, and not the term for completing the construction of the house or the term for obtaining permission to enter. The term for the delivery of the apartment will be the same for all participants in shared construction. The price, terms and order of payment should be determined. A warranty period has been established for the object, which should be at least 5 years. If any defects occur during the warranty period, you can demand free repairs or reimbursement of repair costs from the developer. The method of ensuring the fulfillment by the developer of obligations under the contract must be indicated. In the absence of at least one of these conditions in the contract, it will not be registered, therefore, it will be considered not concluded.
A relatively new and unclear condition for citizens is the way in which the developer provides obligations. Previously, the guarantees of a participant in shared construction consisted in the fact that a land plot owned by the developer on the basis of ownership or lease and being built on this land plot apartment house, were pledged by equity holders. Starting from 2014, the developer must ensure the fulfillment of obligations under the contract in one of the following ways: by a bank guarantee (subject to the conditions established by law); insurance civil liability developer for non-fulfillment or improper fulfillment of obligations to transfer residential premises to a participant in shared construction under an agreement (the insurance procedure is also established by law). Thus, from January 1, 2014, a construction company can sell apartments in objects under construction and conclude agreements for participation in shared construction only if it has a civil liability insurance agreement or has received a bank guarantee. For new buildings, registration of which was carried out before January 1, 2014, in fact, nothing has changed, the norms of the law apply to new houses, in addition, these rules apply only to residential premises.
These changes affected the registration of equity participation agreements in construction, now for its implementation, in addition to the usual set of documents (2 original copies of the agreement on participation in shared construction, notarized consent of the spouse to conclude the agreement, the original and a copy of the receipt for payment of state duty, application for state registration share agreement), documents are required confirming that an insurance agreement has been concluded for the apartment specified in the agreement or the developer’s obligation is secured by a bank guarantee. If the developer chooses an insurance method in the form of insurance of obligations under the contract, in addition to the insurance contract itself, a document confirming the fact of payment of the insurance premium is provided. The amount of the insurance premium is calculated taking into account construction costs and estimated financial risks.
We focus on the period of state registration. The term for registration of an equity participation agreement concluded with the first participant is 10 working days from the date of submission of documents. The term for registration of an agreement concluded with a subsequent participant is 5 working days. At the same time, it should be borne in mind that when submitting documents through the offices of multifunctional centers for the provision of state and municipal services, the period of state registration does not begin from the moment the documents are submitted, but from the moment they are received by the registering authority.
Anton Derevyaga,
leading specialist expert
rights registration department
Office of Rosreestr
in the Omsk region,
state registrar.
Differences determine the strength of their powers and legal capacity when making a purchase and sale transaction in a new building, in relation to the apartment of a shareholder, as well as in litigation in court. Let's start with the fact that an unscrupulous developer may demand payment at the first opportunity that has opened up for him. This possibility may be a conclusion.
Many builders do this, but an investor - a shareholder must know the rules for investing in a project, construction. Preliminary agreement has no share legal basis, it is compiled only as a draft version for a detailed acquaintance of citizens with the conditions for participation in shared construction.
He has conditional powers only for the period of drawing up the main contract. PDDU cannot have the force of a contract or be equated to it, since for the period of its validity, equity holders have the right to make adjustments or require changes in clauses and provisions to be included in the main contract.
It is natural that PDDU is not subject to registration, respectively - if you try to double-check the data on his registration - you will not find them. The powers of the PDDU are specific and important so that all the items that are included in it are reflected in. Unlike it, the basic contract, the DDU, has legal powers only after its registration.
Grounds for verification of registration
Only after the DDU is registered at the local department of cadastre and cartography (Rosreestre), the equity holder can be sure that he will get the apartment in the new building for which the contract was concluded. The state everywhere blocks the development of fraudulent schemes, so the registration of the contract is of paramount importance.
Without registering the contract, the shareholder does not have the right to use maternity capital , design mortgage and the developer is not eligible for investment.
If the developer is trying to circumvent the law and demand payment, then the participant in shared construction should keep in mind that he does not have any guarantees for the preservation of the invested investment, and their request will be carried out in judicial order and is associated with additional costs.
Court proceedings are rich in examples when the same apartment was resold several times just because the contract did not have proper registration and the future owner was not included in the cadastral records, which happens only when the contract is registered.
Ways to check the availability of state registration
- Order an extract on the presence of state registration.
- Get information online.
Both of these methods are useful and each has its own advantages. The choice of how to obtain registration information may be related to the reasons for checking the state registration.
For example, when considering cases in court or in other circumstances where confirmation of the registration of the contract is required, it will be appropriate only to provide an extract on the state registration of the DDU. And in cases where confirmation of registration is necessary solely for one's own confidence and peace of mind of loved ones, it will be enough to obtain information from the Internet resource. Moreover, this can be done quickly and without leaving home.
Obtaining an extract from cadastral records
In order to find out the validity of the registration of the contract and have legal confirmation of this fact, a person participating in shared construction, you must contact the local department of cadastre and cartography, having with you:
- Passport.
- Participation agreement.
- Receipt of 200 rubles.
- Application for an extract from the cadastral registration records.
These documents, except for the passport, will be accepted against receipt. The statement will be ready within 5 business days. For a ready-made extract, you need to come up with a receipt issued to you and with a passport. It is possible to send documents by Russian Post, by registered mail, with acknowledgment of receipt.
If an authorized person applies for an extract from the cadastral record, in addition to the listed documents, he will need to have with him a notarized power of attorney to receive the document.
Step-by-step instructions for checking state registration online
You need to go to the official website of Rosreestr at: rosreestr.ru. On the site, find the column "electronic services", in the lower left corner of the panel, click on the button " reference Information on real estate objects online. Further:
- You will see a window that opens where you need to enter the cadastral number of the site on which the new building is being built.
- Type in the number as requested by the program.
- Next, at the bottom of the form, find the "generate request" button.
- Click it and two options will appear.
- Select the "source of USRP" and press the key.
- Follow the link.
- As a result, the "Rights and Restrictions" window will appear at the bottom of the field.
- Look for your number in the "restrictions" column.
If you find it there, it means that your contract is registered and you are listed cadastral registration as a potential owner, in accordance with the contract. If you find it difficult to find your number - specify it. It must be written or printed on a stamp, which is located on reverse side contract and confirm its registration.
After making sure that your contract is really registered, you can safely plan your future in new apartment and invest in building a home that is truly yours when completed.
If you could not find your number in the specified column, you can wait a bit, taking into account the fact that the paperwork in the accounts is faster than the data is displayed on the site. If your number never appeared, an unpleasant conversation cannot be avoided. But before proceeding with it, it is best to request an extract from the registration of the contract, as shown earlier - this information is 100% reliable.
Having in hand reliable confirmation of the absence of registration in cadastral records - it makes no sense for you to continue to cooperate with a dishonest partner.
You can unilaterally through the court and sue for the return of the amount paid, if you followed the unfounded promises of the developer and made the payment.
Conclusion
In the situation of modern information capabilities, when all financial and legal transactions are carried out openly, it becomes more and more difficult to fall for the bait of scammers. However, such cases are not so rare, and gullible equity holders do not pay for their apartments, but for the welfare of third parties.
By following the prescriptions that determine the legitimacy of certain actions, citizens not only preserve social principles and moral values, but also their property interests. And also, legitimate behavior does not allow negligence, irresponsibility and cunning on the part of non-competitive companies and organizations to develop in the construction services market (including).
An equity agreement is today a document that can protect the interests of a shareholder during the purchase of housing from a developer company. The law contains clear requirements for the content of the document, regulates the rights and obligations of the parties, however, the contract can protect the equity holder from many problems only if the document is registered with Rosreestr.
When signing the remote control, the developer himself registers the contract (this is an additional service), but at the same time he requires a payment from the equity holder for this, and quite a high one at that. Today we will talk about whether a shareholder can save money and register a DDU in Rosreestr on his own. You will find out whether the shareholder has the right to do this, whether the law allows self-registration and how willingly the developer agrees to this option of interaction with the shareholder.
What does the law say about self-registration
Let's start with the fact that there is the contract itself (DDU), which does not contain any mention of who will register the document. An additional agreement is attached to the contract, which deals with various services provided by the developer for a fee, in particular, registration of a document is precisely the additional service that the developer provides to the shareholder.
The federal law (FZ-214) determines that the relationship between the equity holder and the developer is governed by the provisions of the law "On the Protection of Consumer Rights" (ZoZPP). Article 16 of the LOZPP states that the purchase of certain goods or services cannot force the consumer to purchase other goods or services.
In other words, the developer cannot impose on the shareholder the service of registering a DDU (registration of real estate ownership, as well as other services), if he does not want it, the shareholder has every right to independently register an agreement with the developer in Rosreestr.
However, today the registration of a DDU by a developer is a common practice, the vast majority of equity holders, without hesitation, pay the developer for registration. In some cases, it is really easier for a shareholder to pay to have everything done for him, especially if he has never had to deal with such issues. But more often than not, clients of developer companies simply do not suspect that you can refuse the registration service and do everything yourself, while saving money.
What's the price? How much does it cost to register a contract actually
I must say that as payment for this service, the developer asks for considerable amounts, the cost of registration (for reasons that are not entirely clear) starts somewhere around 30 thousand rubles, and the cost of the entire package additional services it may well exceed 300 thousand rubles. As a rule, developers tie the amount of payment for registering a kindergarten to the cost of an apartment, taken percentage the cost of the purchased housing to the amount of payment. So, today builders and developers take up to 1% of the cost of an apartment.
By the way, developers began to gradually move away from this practice, taking a certain fixed value for the cost of their services.
Perhaps this is happening for the reason that equity holders in Lately became more literate, and it became increasingly difficult for managers to answer uncomfortable questions. Indeed, it is difficult to explain how the footage and cost of housing can affect the cost of the service (in fact, a set of the same actions performed in a standard sequence).
In fact, the price of the service that developers impose in one way or another is too high, even with a minimal price tag. The entire registration procedure comes down to the submission of a set of documents (by the developer and the equity holder), and this is usually done “wholesale”, dozens of contracts are sent for registration at the same time. And yes - the developer is obliged to submit a complete set of documents on his part only once, when the first DDU is concluded and registered (in the residential complex). Once served project documentation, permits, etc., and then, together with the shareholder's package, the developer submits an application for his consent to the contract, etc.
After the “opening of registration”, re-submission of the entire package of submitted documents is not required, mainly information is needed that relates to each equity holder.
How did the consumer get accustomed to giving quite serious sums for such an easy task for the developer? It is very profitable for the developer to receive good money, in fact, for nothing. If during the construction phase the main cash, paid by equity holders, go to purchase building materials, payment for workers, ensuring the operation of equipment, special equipment, then at the stage of registration, investments are minimal.
Actually, all the costs that the interest holder will face will be limited only by the state duty (up to 350 rubles), and transportation costs (and this is not a fact: documents can be submitted to the nearest MFC or even via the Internet).
The state of affairs with the registration of DDU in the modern market
The developer benefits from the lack of clear and structured information about the order in which the registration procedure must be completed and what documents must be provided. The operators of Rosreestr and the MFC are often not aware of themselves, since such appeals are this moment extremely rare. Accordingly, representatives of the developer himself are also not eager to advise anyone on this issue. Therefore, when registering a DDU on your own, you will really have to make some efforts.
Often, the builder's managers insist that the company deal with the registration of the contract, if it is, nevertheless, about it, since most customers continue to consider the service mandatory. Accordingly, for clients who are inclined to pay the requested amounts for registering a DDU, various preferences are provided (when choosing an apartment, etc.). For the salespeople themselves, various bonuses are also provided if they impose a service, so if there is a good flow of customers, they can, under various pretexts, refuse those who do not want to pay extra money.
No one will officially refuse to sign the DDU, as this is clearly contrary to the law (described above). For example, a “greedy” client is given the opportunity to buy a home, but without booking a specific apartment, they say, the developer does not know when the client will register the contract, and whether this will happen at all. As a result, the client may receive, to put it mildly, not the most favorable conditions.
Further, the registration procedure involves the submission of documents by two parties at once, if the developer can submit documents for the shareholder (through a power of attorney), then the chances that the developer will issue a similar power of attorney to the shareholder are practically zero.
As a rule, managers explain that in order for the shareholder to register the contract himself, a meeting between the representative of the developer and the shareholder is necessary at the place of submission of documents (in this case, the developer needs a statement of his consent to conclude an agreement with the shareholder, since the rest of the documents have already been submitted by the developer).
Accordingly, the developer may refer to the impossibility of allocating a manager who would personally deal with an individual shareholder, so the registration process can be delayed until the moment when the most the best apartments will be sold. However, few people know that, in fact, the developer can submit documents on his part without the presence of the equity holder.
Self-registration of DDU
There is a way out of this situation. A shareholder who does not want to pay extra money and can find time to complete the registration on his own is faced with a two-stage task. First, you need to make sure that the developer provides the client with the opportunity to exercise his legal right, and then you just need to transfer a set of documents to Rosreestr.
We "persuade" the developer
Now we will give a method that will help the interest holder to refuse additional services. At the stage of signing the DDU (this happens at the sales office), you do not need to ask unnecessary questions, but simply sign the DDU itself, as well as an additional agreement - an agreement on the provision of paid services, which will list various services, the procedure for their provision, the amount of payment, including and service of registration of DDU in Rosreestr. After signing, the client receives a list of documents that must be provided to the developer company so that its representative can fulfill the obligations under the two contracts.
The very next day, you need to come to the sales department with a statement about the desire to terminate the additional agreement (at the same time, the agreement to comply with the conditions of the main document is confirmed). The application is written in two copies, one is transmitted responsible person(in the transaction service department), and the second is marked with a note confirming the acceptance of the application.
Now it remains to wait for the result in the form of an official response from the developer company. There are two scenarios for the development of events - either the developer agrees to terminate the additional services agreement or refuses to do so (in writing). In the first case, you can proceed to payment and registration of the contract. In the second case, you need to pay the amount requested by the developer, take the developer’s official response, the equity agreement and go to court with statement of claim. A written response will serve as convincing evidence that the developer is breaking the law and extorting money for additional services.
If the court decides in favor of the shareholder (and the chances are quite high), then the amount paid under the second agreement will be returned. At the same time, the developer will be obliged to fulfill the obligations under the DDU, since there are simply no reasons to terminate this agreement.
We prepare documents
In any case, by the time the court makes a decision, the contract will not be registered, since the developer has not received from the shareholder a set of documents required for this. Therefore, at this stage, the equity holder needs to prepare the necessary papers on his part (the developer, on his part, will provide Rosreestr Required documents), and go to register your DDU.
The following documents will be required for registration:
Identity card or power of attorney, if someone registers the contract on behalf of the shareholder. If the transaction involves the one who represents the interests of the child, a birth certificate is required, for an incapable person, his guardian can draw up the transaction, in this case a certificate of appointment as a guardian will be required;
Participation agreement. The document must be provided in three copies (for the shareholder, Rosreestr and the developer company), if there are several shareholder agreements, then there must be an appropriate number of copies;
Application for registration, this must be an application from a shareholder and an application from a developer. In the case of self-registration, the latter himself will provide it to Rosreestr;
If the deal involves borrowed funds, it is necessary to provide a pledge agreement, since simultaneously with the registration of the DDU, the encumbrance of the rights of claim will be registered;
Documents on the real estate object - a plan of the object indicating the location of the apartment, area and other parameters of housing. Documents are drawn up by the developer and at the time of signing the DDU are agreed with the equity holder;
A document confirming the consent of the spouse (spouse) to conduct the transaction, certified by a notary. Not required if the husband and wife are parties to the transaction.
Due to the fact that changes occur periodically in the legislation, the list presented can be changed, so you need to clarify it in Rosreestr. When submitting documents, you need to pay a fee (up to 350 rubles), you do not need to provide a receipt, simply if there is no information about payment for five days (working), Rosreestr will suspend registration and return the package of documents without considering.
Registration in Rosreestr DDU with a mortgage
If borrowed funds are involved in the transaction, it is necessary to provide to Rosreestr mortgage agreement with a bank. In addition, a pledge agreement will be required, since simultaneously with the registration of the DDU, the encumbrance of the rights of claim will be registered.
We submit documents and pick up a registered contract
Documents can be submitted at territorial office Rosreestr, through the MFC, via the Internet (Rosreestr website or the Unified Public Services Portal), by mail. In addition, it is possible to transfer documents to a representative of Rosreestr at an on-site reception (if movement is restricted, this is free of charge, in other cases on a reimbursable basis).
Registration (by law) must be completed within seven business days, if documents were submitted through the MFC, then it will take a couple of days longer (including shipping). After the specified time, you need to get a registered contract in your hands, a registration inscription will appear on the document.
Conclusion
We have described the sequence of actions that must be taken when registering a DDU on your own. We hope that the information provided will help you save money when registering real estate with a developer. Remember your right to refuse additional services, this applies not only to the registration of the contract, but also to the registration of housing ownership. In conclusion, I would like to remind you of the need to carefully study the contract, and refer to professional lawyers in case of various difficulties.
Igor Vasilenko