Documents for the registration of DDA in Rosreestre. How to check the registration of the contract of equity participation in Rosreestre. Why registration is needed

Last updated: 02/06/2019

Question:

I signed a contract with a construction company participation. How to register it now, what is needed for this, and can I do it yourself?

Answer:

Yes, register a DTD independently the shareholder can. But there are some features. Let us explain more.

Participation Agreement in Construction (DD) It is the only contract that is expressly provided by the law for investment relations between the shareholder and. And in order not to have misunderstandings with rMS requirements on the apartment in the house under construction, this contract registered in Rosreestre. In contrast, for example, from which is also found in the market, but nothing to do with this DDU has ( read more link).

The law that regulates the order and conditions of imprisonment Treaty of participation B. equity construction - This is the famous people ( the main positions see the link in Glossary). In particular, it establishes that DDD is considered concluded only after it state registration (Opens in a new tab. "\u003e P.3, Article 4, FZ-214).

Which is its own structure, composition, list of conditions, as well as a sample of DDA - can be viewed in a separate article of the glossary at the indicated link. Here we will tell only about the order of it registration.

Features of state registration DD during construction

The process of state registration Contract of equity participation is somewhat different, depending on whether first DDU specific construction project ( apartment house ), or any of subsequent DDU The same project. Differences here - as part of documents submitted to Rosreestr.

For registration first treaty need much more documents, and to register everyone subsequent - The minimum. The contract with the first shareholder is carefully developed by lawyers. Developerand after registration change is not subject to change . Contracts with all other shareholders are already stamped according to the first (registered).

That's why Developers Rarely go on concessions to the shareholders in the adjustment of certain conditions of the DDD - then it will have to redo it and re-register already concluded contracts for this project.

To register first DDU, Developer It is necessary to provide in Russia not only the agreement itself and the data of the first shareholder, but also a number of documents on the construction project and on activities construction company as a legal entity ( see below list-1).

To register any subsequent DDU (starting from the second), the registrar requires only a contract of participation in shared construction, the distribution data and the data on the sold apartment ( see below list-2). Documents on the construction project and the company-developer are no longer required ( they are already in the database of Rosreestra).

Payment of DDU (including The first contribution under the contract) according to the law is also produced only after his registration (Opens in a new tab. "\u003e P.3, Art. 5, FZ-214). And since 2017, the shareholders can give additional financial protection Investors of construction from possible tightening or freezing construction ( read more - see reference).

Documents for the registration of a contract of equity participation

Lists necessary documents For state registration Contract of equity participation Presented below - see list-1 and list-2.

For first DDU Developer Himself prepares the entire package of documents ( including the first shareholders data), and himself ensures the registration of this contract. And check in all subsequent DDU happens already on the simplified scheme, and it can be done as Developer (party, for example), and each salespan one separately.

Documents necessary Developer for registration first contract of equity participation (List - 1.):

• construction permit;
• the plan of the house being created, indicating the number of apartments in it and their squares;
• About this project of building a house;
• and other documents about the project and about the company, including the first DDD instance itself and the documents required by the shareholder ( those. including list-2Submitted below).

Mandatory documents required by Developer For contract registration with the first share The ones are specified in the new tab. "\u003e p. 2, Article 48, FZ-218.

Important! Before registration each DDU ( both the first and all subsequent), Developer must make deductions In a single, in the amount of 1.2% of the price of each contract (will open in the new tab. "\u003e p.3, Article 48, FZ-218). When registering DD, Rosreestr checks the fact of payment of this contribution. And if there was no deduction - The contract will not register.

The shareholder can independently check whether Developer Executions B. Compensation Fund On the site of the Fund itself -.

But there is an exception! If the scaler makes money on escrow account (under the conditions of DDU), T. Developer Not obliged to make deductions in Compensation Fund (Opens in a new tab. "\u003e P.6.2, Art.48, FZ-218).

List of documents for registration of each next contract shall participation (List-2):

• Signed by the parties Participation Agreement in Share Construction With all applications to it, in three copies: for Developerfor Rosreestra and for the shareholder. Moreover, the number of DDD instances can be increased, depending on the number of shareholders specified in the contract.
• Statement of state registration of DDU from the shareholder and from Developer.
• Passports of all Dolkovkov under contract. And if there are children under the number of shareholders up to 14 years, then their birth certificate will be required.
• Notarized consent of the spouse to buy an apartment In the house under construction. If both spouses are parties to one DDU, then such consent is not necessary.
• Putting the right to claim - for the purchase of an apartment for credit money ( immediately registers the burden of the rights reservoir in the form of a mortgage).
• Document with a description of the apartment in the house under construction indicating its area and location on a basis ( identification of the object).

At the same time, Rosreestr is not entitled to demand the previously provided documents on the construction project (will open in the new tab. "\u003e P.4, Art.48, FZ-218). That is, the shareholder will not require any additional documents - about the construction project or About the developer.

If the shareholder wants to instruct the registration of his contract Developer, he will need to issue a notarial power of attorney to the company's representative. If the shareholder decides to register his DDD contract independently, he needs to follow the following about action (see below).

The procedure for registering a contract of equity participation in Rosreestre

As registration first DDU - This is care Developer, and the main package of documents on the project, it is preparing for Rosreestra himself, it makes sense to consider only a case with registration subsequent treatiesthat each shareholder can serve in Rosreestra on their own.

The process of registration of the contract of equity participation (DDU) For the distribution, you can smash a few steps that occur in the following order:

1. Preparation of documents for DDU registration
   - List of documents that are required from the shareholder - see above (List-2).
2. Payment of state duty for registration
   - The duty is paid to each side of the transaction (the size of the state duty is listed on the Rosreestra website, in paragraph 28 in the table). The receipt of the payment of state duty is not necessary, but it is desirable that there are no lining due to the delay of payment information.
3. Transfer of all documents for registration in Rosreestr
   - This can be done by personal appeal to the Rosreestra department or in MFC "My Documents" (including, regardless of the location of the house under construction), or by mailing with a receipt notice, or transfer documents to in electronic format On the Rosreestra website (signed by electronically digital signature).
   In case of personal circulation, the presence of both the shareholder and the representative of the developer is necessary. On the fact of transferring documents for registration, the applicant is a receipt to receive in obtaining the date, the list of documents and the FIO of the person who accepted documents.
4. Receiving documents after registration
   - After expiration established period Registration, documents are returned to the shareholder upon presenting a passport and the receipt issued to him. A registered participation agreement in shared construction will have a special registration inscription made on the contract itself (will open in the new tab. "\u003e P.2, Article 28, FZ-218).

DVD registration period

The term of state registration of the contract of equity participation should not exceed 7 working days (opens in a new tab. "\u003e p.1, Article 16, FZ-218). At the same time, if the documents were submitted through the MFC, then for this deadline for another 4 days - two days for delivery Documents from MFC to Rosreestr and back.

How to check if the contract of equity participation is registered (DDU)?

To find out is the contract of equity registered? in Rosreestre or not ( especially in the case when the Registration was engaged in the developer) You can do one of the following:

• Request information U. Developer: if DDD is registered, then check availability stamp of registration on the contract; If the process still goes - then check receipt of Rosreestra On the reception of this contract for registration.
• Independently order B. paper With personal contact of the local branch of Rosreestra or MFC "My Documents" ( in electronic form - in the XML file - such an extract is not yet available). In this "Issuing about registered DDU" There will be information about all the shareholders of a particular construction project registered on a specific land plot . Extract is issued to the site itself, and registered DDS are shown there as burdens - A single list. We are looking for a treaty number or according to the name of your DDA in the list of registered.
• Look on the website of Rosreestra online -. In the first column, we enter the cadastral number of the land plot ( we will find it in our DD). Click down the "Generate Inquiry" button at the bottom. We get a link to our object. Click on this link. We receive information on the object ( land plot) From the Baza EGRN. We are interested in the string of "rights and restrictions" - click on it. Opens list of all registered DDU contracts (in the "Restrictions" column). We are looking for your contract number in this list ( list of site burdens).

Why do you need this check of the state registration of DDU? At a minimum, in order to know whether money should be made ( in payment of the apartment). As a maximum - make sure that the whole procedure has passed in accordance with the law FZ-214 ( the contract is considered to be concluded only since its registration), I.

State registration of participation contracts in shared construction is carried out in accordance with the requirements of Law No. 122-FZ "On the state registration of rights to real estate and transactions with it." Registers the developer's contract. At the same time, the law does not prohibit the shareholder to do it independently.

To the registering authority - Rosreestr - must be submitted

• State registration statement;
• The payment document on the payment of state duty (the size of the state duty is established by Art. 333.33 of the Tax Code of the Russian Federation);
• Documents confirming the powers of the representative of the copyright holder and participants in transactions, including the powers of the representative legal entity act on behalf of the latter;
• Documents establishing the availability of law;
• Certification Personality Presented individual - representative of the organization;
• Constituent documents (or their notarized copies) of a legal entity;
• Documents with a description of the object of equity construction (for example, apartments), indicating its location on the plan of the object being created real Estate (Houses) and planned area.

When registering a DTD from the shareholder may require other documents (at the discretion of the registering authority).

The share of participation in shared construction should contain (Art. 4 214-FZ):

• determining the developer to be transmitted by the developer of a particular object of shared construction, in accordance with the project documentation after receiving them permission to commission an apartment building and / or other real estate object;

After registering the Treaty of Participation in Share Construction at the request of a participant in shared construction in accordance with Part 2 of Art. 21 of the Federal Law of December 30, 2004 No. 214-FZ Developer is obliged to submit to familiarize:

• construction permit;
• technical and economic substantiation of the construction project of an apartment building and (or) other real estate object;
• conclusion state expertise project documentation;
• project documentation that includes all changes made to it;
• documents confirming the rules of the developer on land plot.

From 214-ФЗ: What guarantees gives the law?

According to 214-ФЗ one of possible methods Attracting money citizens associated with citizens arising from citizens to residential premises in apartment buildings, which at the time of attracting such cash of citizens were not commissioned, is the conclusion of a contract of participation in equity construction (hereinafter - DDU).

First of all, one of the main guarantees of respect for the rights of citizens, provided for by 214-ФЗ, is a ban on the conclusion of the developer of the DDD before receiving it to the construction, publishing, placement and (or) of the design declaration and state registration by the developer of ownership of land or lease agreement, Subares of a land plot intended for the construction of an object (Art. 3 214-FZ). This norm eliminates the possibility of committing fraudulent actions against citizens to attract their funds for the construction of imaginary, non-existing objects.

In addition, DDD is in writing, subject to state registration and is considered concluded from the moment of such registration (Part 3, Art. 4 214-FZ). Thus, legally the possibility of exercising unfair developer "Double" sales is excluded. residential premises . federal Service State registration, inventory and cartography During the registration of the DTD carries out the existence of the rights of third parties to the object and checks the presence of an apartment in the facility under construction by analyzing the design documentation of the residential building under construction.

According to Art. 13 214-ФЗ In ensuring the fulfillment of the obligations of the developer for DDU from the moment of its registration, participants in equity construction are considered to be in a pledge of a land plot owned by the developer on ownership, or the right of lease, the right of sublease and under construction (created) on this land plot. apartment house and (or) a different property of real estate. This provision of 214-ФЗ provides additional guarantees of respect for the rights of participants in equity construction in the event of bankruptcy (deliberate bankruptcy) of the developer.

Activities of developers When attracting funds of citizens by DDU towards state control from side authorized bodies Subjects of the Russian Federation.

From 214-ФЗ: How to register an agreement?

State registration of shared participation contracts is carried out in accordance with the requirements of Law No. 122-FZ "On the state registration of rights to real estate and transactions with it." To register the first contract of equity participation in the registering authority, it is necessary to submit:

• Statement statement. A document on the payment of state duty (the amount of state duty is established by Art. 333.33 of the Tax Code of the Russian Federation).
• Documents confirming the powers of a representative of the copyright holder and participants in transactions, including the authority of the representative of a legal entity to act on behalf of the latter. Documents establishing the availability of right. An identity document presented by an individual is a representative of the organization. Constituent documents (or their notarized copies of a legal entity. Documents describing the object of shared construction, indicating its location on the plan of the object being created by the object of real estate and the planned area. Construction permit. Project Declaration. The plan of the object created by the real estate indicating its location and the number of residential and non-residential premises in its composition and the planned area of \u200b\u200beach of them.

From 214-ФЗ: What documents should develop developer?

In accordance with Art. 4 214-ФЗ Participation in shared construction should contain:

• determining the specific object of shared construction in accordance with the design documentation of the developer after receiving the permission to commission an apartment building and (or) of another real estate object;
• transfer period by the developer of the object of equity construction by the participant of equity construction;
• the price of the contract, the timing and procedure for its payment;
• warranty period for the object of equity construction.

In accordance with the requirements of 214-ФЗ:

At the request of a participant in shared construction in accordance with paragraph 2 of Art. 21 214-FZ The developer is obliged to submit to familiarize:

• the developer is obliged to convey a participant in the share construction object of shared construction no later than the term, which is provided for by the Treaty;
• in case the construction (creation) of an apartment building and (or) of another real estate object cannot be completed in the contract provided for by the contract, the developer is no later than for two months Before the expiration of the specified period is obliged to send appropriate information and proposal to change the contract;
• the developer is obliged to transfer the participant of the equity construction to the object of equity construction, the quality of which meets the terms of the contract, the requirements of technical regulations, project documentation and urban planning regulations, as well as other mandatory requirements. Terms of the Treaty on the release of the developer from responsibility for the shortcomings of the object of equity construction are insignificant;
• mandatory condition To obtain the developer, the right to attract funds of citizens for construction is to comply with them not only the requirements specified in paragraph 1 of Article 3 214-FZ (obtaining permission to build, publish the project declaration, state registration of the right to land), but also the requirements of part 2 Article 3 and part 3 of Article 4 214-ФЗ (the availability of a contract concluded in writing and undergoing state registration).
• Construction permit.
• Feasibility study of the construction project of an apartment building and (or) other real estate object.
• Conclusion of the state examination of project documentation.
• Project documentationwhich includes all changes made to it.
• Documents confirming the rules of developer to the land plot.
• Statement statement.
• A document on the payment of state duty (the amount of state duty is established by Art. 333.33 of the Tax Code of the Russian Federation).
• Documents confirming the powers of a representative of the copyright holder and participants in transactions, including the authority of the representative of a legal entity to act on behalf of the latter.
• Documents establishing the availability of right.
• An identity document presented by an individual is a representative of the organization.
• Constituent documents (or their notarized copies of a legal entity.
• Documents describing the object of shared construction, indicating its location on the plan of the object being created by the object of real estate and the planned area.
• Construction permit.
• Project Declaration.
• The plan of the objective object of real estate, indicating its location and the number of residential and non-residential premises in its composition and the planned area of \u200b\u200beach of them

Since the contract on shared participation is subject to mandatory state registration and is considered concluded only after its implementation, both parties (shareholders and the developer) are interested in the maximum to quickly implement this procedure.

To do this, use enough required package documents and submit them to Rosreestr.

Main documents

For the shareholder, the list of documents provided is always approximately the same. For the developer, it may vary depending on which the share agreement is registered. When he lies with the first participant in equity construction, then a number of additional documents are provided:

• confirmation of the state registration of legal entities (if the developer is a legal entity);
• constituent documents;
• permission to build this property;
• project declaration;
• plan of the object of real estate that will be created.

When registering further contracts, the developer is exempt from the provision of this kind of documents.

For shareholders, the list of documents is in most cases as follows:

• participation agreement in equity construction;
• all applications to the Participation Agreement in Share Construction;
• statement of the developer and the shareholder on registration of this contract;

The following documents are optional and apply only in some cases:

• if necessary, the notarized consent of one spouse is attached to the commission of this transaction from another spouse;

• if registration is carried out through a representative, notarized power of attorney attached;

• if the participant of the transaction is incapacitated, then a document is attached to appointing his representatives of the guardians;

• if representatives of children under 14 years old are involved in the transaction, the child's birth certificate is attached;

• if the participant of shared construction was provided credit funds For the simultaneous registration of encumbrance of the right, the contract of law is attached.

In addition, it is necessary to pay the state fee for registration. At the time of writing this material, its size is 350 rubles, but it changes periodically, so it is worth clarifying it separately. Provide a state duty payment document is optional, but you can do it as a preventive measure and then if there are any problems with the detection of payment information in the state information system, Registration documents still will not return to you ahead of time and registration will be successfully implemented.

Receipt receipt

When you provide these documents to register a contract of equity participation in Rosreestr, you must issue a receipt. The receipt is a document that contains the following information:

• the list of documents that you have provided;
• signature, as well as F.O. a specialist who accepted your documents;
• FULL NAME. and a contact phone of a specialist who can provide you with information on the current procedure for registration of documents;
• date to provide documents.

Receiving registration documents

When the term of registration of the contract of shares will expire, representatives of Rosreestra must give you the documents. The deadline for issuing is up to 18 calendar days From the day of acceptance of the application for the first participant in equity construction and up to 5 business days for all the following participants.

To pick up documents, you need to take with you:

• document certifying your identity or power of attorney for the provision of interests of a claimant;
• the above-described receipt of the reception of documents.

The contract puts a special registration inscription, which confirms its state registration. The recipient of the documents will also be written in the book of accounting of issued certificates of state registration of rights, as well as on the receipt instance of the receipts.

How to register a contract of equity participation in Rosreestre. Why it is necessary and why it is impossible to make money to the developer before registration

What is the benefit from the registration of DDU

DDU registration protects you legally in disputes with the developer:

1. Gives a legal force agreement. When concluding a contract, the developer undertakes to transfer real estate to the buyer. But this is until the promise that has no legal force. In order for the agreement to become an official document, it must be recorded in Rosreest. No signatures and prints will be replaced!

2. Gives you the status of a shareholder and makes it possible to refund. Without registration of the DDA, you will not be considered a shareholder by law, no matter how much money you have inserted in fact. And to return money in case of unfair construction will also be impossible.

3. Help in court. If disputes will begin between the developer and the buyer, the contract with the registration mark will be necessary for the court.

Do not make money in construction before registration of the contract in the registry! Payment after registration guarantees two things:

1. The developer is fine with all documentation: he received a construction permit, he has a normal project and is the right to land ownership. Those. The actions of the developer comply with the requirements of the law.

2. This property is fixed for the shareholder and it will not be sold to someone else for the period between payment and subsequent registration.

Those. If you pay before you register DDU, then in this time interval you will be vulnerable to fraudulent action by the developer.

How to understand that DD registered

When registering, on the turnover of the contract put a record:

1. Device stamp and registrar printing.

2. Signature of a specialist.

3. The registration number, which suggests that the contract has been introduced into the database and put the object of real estate on cadastral records.

Even if the registration was carried out electronically, the mark still put on paper.

If you decide to check the registration of DDU on the Rosreestra website, remember that the data in the section " reference Information According to real estate in mode, it is published late. Therefore, do not be afraid if your DDA will not be there even a couple of months after registration. If the contract has a registration number and in the statement of EGRN you are indicated as the owner, then the project has passed, everything is in order. You can order an extract EGRN on our website.

What documents will be required

It happens the primary registration when you are the first prolonnel from your house, which registers the contract. For primary registration, the developer must provide the entire package of documents on its activities:

Permission to build your specific object (not a quarter!);

Authorized and constituent documentation;

The project certified by the Developer General Director (Declaration, Double Declaration) and the conclusion on the compliance of the project declaration;

Certificate of registration of the Journey;

Contract of guarantee on the obligations of the developer;

Plan of real estate with location, description of residential and non-residential premises and machine-spaces;

Insurance agreement or bank guarantee agreement, if such an agreement is per shareholder.

Those. When primary registration, the development of the developer will be met.

Documents from the developer not necessarily

By the way, according to the law, you as the applicant can not provide permission to build and project Declaration. Rosreestr can request them in unified system housing construction Or from the outpathed authority - in just 2 business days.

If from yours multi-storey house Someone has already registered DDU (at least one), then the developer data will already be listed in the registry. And in this case only serve personal documents The shareholder to establish property rights: Mortgage agreement (if you take housing to the mortgage), the consent of the spouse for the purchase (if married) or birth certificate (if the owner is a minor).

If you suddenly have already made money, it must be decorated. Do not forget to apply a copy of the receipt, but it is better not to pay before the registration.

Where to contact

For registration you need to apply to the Unified State Real Estate Register (EGRN). How to do it:

Come to the registry division at the location of real estate;

Submit a statement through local MFC;

Through lawyers.

You can find out the addresses EGRN and MFC in your region / city on their official sites or through the reference service.

Stages of registration of DDDs Slarestore

How does this happen:

1. It is a DD himself with signatures of the parties and the seal of the developer.

2. Application is applied (in electronic or printing). Documents are attached to the application. If after checking the DDA, you want to immediately get an extract from EGRN to make sure the property rights right, then specify this in the statement.

3. State. The authority gives you a receipt for the acceptance of a package of documents for consideration. It should be an inventory of all documents that you have attached to the application, stand the date of appeal, the name of the registration authority and FIO officerwho accepted the documents. As well as the contact details of the person to whom you need to see the answer to the consideration of the application.

4. For registered DD, personally comes, to obtain a passport and receipt.

The application form itself can be taken to the MFC or the Rosreestra department. If you are submitting registration to online modeThe application is filled, and the display is also issued in electronic form through the system.

Duty: how much should you pay

The registration is established by the state duty: for physicals - 350 rubles, for Yurlitz - 6000 rubles. Duties can be found in Tax Code RF.

IMPORTANT: The developer has no right to impose the DTD service for the service investigator. Moreover, the duty for JUR. Faces are 20 times more, and they still have to pay in the end. You may well make registration yourself and for only 350 rubles.

Date of registration

Since 2017, the duty time limit is reduced to 5 business days, but if you serve via MFC, then 7 business days. However, if it is a primary contract, then 18 days, because these developer data will be checked and contributed to the registry.

Provisies of real estate under the contract of equity participation are obtained, in fact, the right to make housing to possession in the future. Read in the article, how is the design of the ownership of DDU in general and judicial orders And with mortgage.

As a rule, even after full payment of the cost of housing for DDU, receiving keys and instill in new apartmentThe ownership remains still unrelated. A citizen becomes the full owner of the living space only after passing the state registration of property rights in Rosreestre.

The design of housing in the property is regulated by the following regulatory acts:

• FZ No. 218 "On State Registration Real Estate" dated July 13, 2015;
• Civil Code of the Russian Federation;
• Housing Code of the Russian Federation;
• FZ No. 214 "OB" of December 30, 2004.

After construction works Will be completed, the developer must make a number of actions for registration, namely:

1. Make a protocol on the distribution of premises for residential and commercial. This is relevant if there is a floor with shops, office and other squares in the new building.
2. Get in bt technical documentation On the built building, in which the floors and layout of the apartment building will be indicated, its area as a whole and each individual room.
3. Sign an act of receiving the building and get permission to commission.
4. Put the building for accounting in Rosreestre.
5. Assign the postal address home.

Upon joining the shareholders in legal rights, the construction company can contribute to the speedy property registration or, on the contrary, to inactivate or even prevent the completion of this final stage. If the situation is developing on the first scenario, the design takes place in common order. When the developer does not meet - the question is solved in court.

After the house is commissioned, the construction company is obliged to convey real estate objects to shareholders. This process is issued as an act of receiving and transmitted with a preliminary inspection of housing. When the act is signed, the distributors get the keys to the apartments. After that, it will be necessary to contact Rosreestr for a one-time setting of cadastral records and registration of ownership.

However, so smoothly happens not always. Quite often, developers under various pretexts delay the process. In this situation, the shareholders are forced to contact BTI independently, and if the developer prevents design - to court.

Registration procedure for ownership of the apartment for DDU

The shareholder registers the ownership personally or with the development of the developer. In the first case, the algorithm will be as follows:

1. Appeal to Rosreestre or MFC with a representative of a construction company.
2. Filling out an application for registration with the indication of the data on the owners, the property and the list of the attached documents.
3. If everything is filled correctly, the application is signed by the applicant.
4. An employee of Rosreestra or MFC checks the documents and issues a receipt that indicates the date of adoption of papers and the readiness date of the documentation.
5. At the appointed date, it is necessary to appear in the institution and get your copy of the DDU with a mark on registration and an extract from EGRN, confirming the right of ownership.

It is from the moment of receipt of the discharge from EGRN, which replaces the usual certificate of ownership since 2017, the shareholders will be considered a full owner of housing.

If the decoration will be engaged in the developer, it will be necessary to first appeal to the notary for signing the power of attorney to the representative of the construction company. Notary and developer pay services. In addition, most likely, the registration of ownership through the mediator will take longer.

Documentation

In accordance with Art. 48 FZ No. 218 of July 13, 2015, the following documents will be required to register with DDA ownership:

• the applicant's general passport;
• contract of equity;
• act of acceptance and transfer of residential premises;
• commissioning permit;
• receipt of payment of state duty.

If the property is issued on a minor citizen, then a certificate of birth and consent of the guardianship and guardianship bodies will be required. When the cost of the apartment is paid from mortgage funds, you will need an agreement with the bank.

When implementing actions through an intermediary, it is necessary to have a power of attorney designed for the notary. If the scaler is in marriage, then additionally needs to provide the consent of the spouse / spouse to conclusion DD.

Timing

According to Art. 16 FZ No. 218, the process of registration of property rights cannot last longer than seven days. During this period, the following actions are carried out:

1. Application and documents are accepted.
2. Legal examination of submitted papers is held.
3. Checked the authenticity of documents and legal cleanliness Transactions.
4. The circumstances that may interfere with registration are detected.
5. The necessary data is made to EGRN (the Unified State Register of Real Estate).
6. Documents are issued with registration stamp.

The term is calculated from the date of submission of the document package. The period of registration may be delayed if the right is registered at a time of several applicants or in the presence of mortgage loan. An increase of the term legally (st.26 FZ No. 218).

Cost

The state fee for registration of ownership must be paid before submitting documents. Its size is installed tax legislation, namely, art. 333.33 of the Tax Code. In 2017, the state duty is equal to 2000 rubles.

If the apartment is drawn up in shared propertyThe amount of state duty will be divided between the co-owners in proportion to their shares. You can pay for the required amount in any branch of the bank, an ATM or at the checkout of the registering authority (if provided).

Dear readers! We are talking about the standard methods for solving legal problems, but your case can be special. We will help find a solution to your problem for free - Simply call our legal entity for phone numbers:

It is fast i. is free! You can also quickly get an answer through the Consultant form on the site.

Recognition of ownership of DDU through court

As mentioned above, the situation where the developer prevents the design of the facility to the ownership of the shareholders and thereby violates its obligations, not uncommon. In this situation, you will need to go to court. Consider how this is step by step.

Step 1. Definition of the claim

To register the right of ownership, you will need an act of acceptance and transmission or other document confirming the fact of the transfer of the facility to shareholders. If this paper is absent, the participant of shared construction has the right to apply to the court with the following claims:

• on recognition of property to the object;
• on recognition of ownership of a share in the apartment;
• on recognition of ownership of the object of unfinished construction.

The statement of claim for the recognition of property rights to the apartment is submitted in the following situations:

• when the apartment building is built, but not commissioned;
• when the house was built, permission was obtained for commissioning, but the developer does not make out an act of acceptance and transmission.

Served if the house is not completed and is not commissioned, and the object itself was not transferred to the participants of the equity construction.

Step 2. Preparation and submission of a lawsuit

The following information is specified in the claim:

• the name of the judiciary;
• the name of the plaintiff (participant of shared construction), address of its residence and contact details;
• the name of the defendant (developer) and the address of its location;
• the essence of the claim is the presentation of the impairment of the rights and legitimate interests of the plaintiff;
• the circumstances of the case on which the plaintiff basses its requirements;
• evidence base confirming circumstances;
• the cost of the property (claim price);
• list of applications.

Applied to the suit:

• copies of the claim for the defendant and third parties (investors, Rosreestra, etc.);
• copy of DDD;
• copies of payment documents on DDD;
• receipt of payment of state duty;
• technical documentation for the object;
• other papers confirming the circumstances of the case.

In justifying the requirements, you need to refer to the fact that the developer does not comply with Art. Art. 6.16 FZ No. 214, Art. 218, 219, 309 and 310 of the Civil Code of the Russian Federation, as well as the law on the protection of consumer rights.

It is worth considering that if a bankruptcy procedure began with respect to the developer, then it is possible to file a lawsuit on recognition of ownership of the company with bankrupt.

State duty will not be required to pay if the price of the claim does not exceed 1 million rubles. When it is higher, the duty is paid at the calculation of the cost minus 1 million rubles. This rule is valid if the plaintiff basses its requirements on the legislation on the protection of consumer rights or is a disabled I or II group.

The package of documents and the claim must be submitted to the district court at the location of the property. If any whose paper It fails to get the court may assist in the design.

Step 3. Consideration of the case

The statement of claim is seen within five working days from the date of its submission. If a lawsuit is accepted for production, a civil case will be initiated by the court and prepare for the proceedings will begin.

To solve a judicial dispute in your favor, it is likely that a qualified lawyer will be required. You can get the legal protection of your interests on our website.

All expenses on trial, Including, and payment of the representative office in court by a lawyer, the court charges from the defendant.

Step 4. Obtaining a court decision

Decision judicial bodies Enter B. legal force After a month, if it is not appealed.

The document must be obtained in two copies. They should be a mark of entry into force. The court decision is the basis for registration of ownership.

Step 5. Registration of property rights

From this point on, the design process will go in a general manner, which is described above. The list of necessary documents will be required to add a court decision that entered into force.

Application for registration can be submitted in one of the following ways:

1. Personal appeal to Rosreestre or MFC.
2. By means of mailing with the description of attachments, declared value and notice to receive the addressee.
3. In electronic form with the help of the portal of public services or the official website of the Rosreestra.

After the registration is completed, the applicant receives an extract from EGRN.

It is also worth considering that from the moment of registration of ownership of the DTD participant becomes a payer of property tax. In addition, he is entitled to return the paid income tax Through the use of property deduction.

Registration of ownership of the apartment for DDU with Mortgage

For the design of an apartment purchased on borrowed funds, Property, along with other documents, will be required to provide mortgage agreement and the written consent of the pledgee (bank) to possession of the pledge.

On the discharge from EGRN, the mark of encumbrance of the facility is affixed. After paying a mortgage loan, the burden is removed in Rosreest. The rest of the procedure is similar.

In case of issues related to equity construction, please contact a lawyer. You can get free legal assistance on our website.

Now you know how the design of the ownership of DDDs is happening depending on the situation. Remember that the rights of participants in equity construction are reliably protected by law.