Suppose the stage of painful selection has already been traded: a potential buyer, lasting the Internet, chose a construction company with a good reputation, made sure that the developer of the contract of sale or lease to the land of land, the current building permit and studied the project declaration for the future object. The most responsible moment has come - the signing of a contract of equity participation (DDU) in accordance with FZ-214.

First rows

First of all, from the first page, the DTU should be clear with whom it is it. At the very beginning, it is necessary to determine who is under the name "Developer": the text indicates the full name of the construction company, and more detailed information: the date and place of its registration, the registration certificate and on the introduction of legal entities in the USR. It is clear that the Agreement lies on behalf of that company that is aware of the design declaration, building permit and a guideline document to the land plot as a developer.
How to buy an apartment in a new buildingBuying an apartment in a new building, most citizens take into account its cost, the area, the location of the house. And far from all pay attention to the essence \u003e\u003e
It is worth paying attention to the fact that according to the charter on behalf of the organization, as a rule, only the Director-General can speak, and it is desirable that the DTU was signed by it. If the contract is rooted by another manager, it means that it acts by proxy. Lawyers warn that this option may in case of further court proceedings cause complications.

If the sale of the future apartment is carried out by an intermediary, a document should be attached to the contract, from which it is clear that the developer delegated the right to implement the object.

The text clearly indicates the subject of the contract - the transfer of a specific object of real estate within the prescribed period. Any other agreements - on participation in investment activities, on joint financing of construction, about the assignment of the right to the requirements of the premises after the commissioning of the facility, do not have any attitude to the FZ-214, even if the word "Shade participation" is written in the "Shapka" construction. "

To be legitimate, the DDU should also contain all the characteristics of the object of equity construction - the building address of the house, the cadastral number of the site, on which it will be located, the preview room of the apartment, the floor. And from this year it was obligatory to be a clause describing financial guarantees with which the developer ensures the fulfillment of its obligations.

Finally, the contract must be clearly indicated by the warranty period during which the developer is responsible for the Object transferred to the shareholder. For the apartment itself, it is responsible for five years, for technological and engineering equipment - for three years. Any attempts to reduce the period of action of warranty obligations illegal, reminiscent of lawyers.

Without any of the listed items, the contract is considered not off. Equally, in the absence of its registration in Rosreestre.

"Portrait" Apartments

Of course, the contract indicates the area of \u200b\u200bthe apartment, as well as the area of \u200b\u200bbalconies, loggias, terraces, calculated with the reduction of the coefficient. As a rule, construction companies include in the DDU item that if, according to the results of the final approach, the size of the technical inventory of the object will be different, then it will pay extra for additional meters, or the developer will return a part of money for a decrease in area. Sometimes they try to register the condition according to which no one pays for anything anyway regardless of whether the final area of \u200b\u200bthe apartment coincided with the initial one coincided.

Lawyers insist that, although FZ-214 does not prohibit the point on the revision of the price, and the other options violate the rights of the shareholder. In accordance with the Consumer Protection Act, reminds the legal company "Center for Protection", if the apartment is transferred to the apartment of a smaller square, the developer must return a part of the cost of the apartment, if the area is more, then there can not be any surcharge of speech. In judicial practice, there is no uniformity on this issue.

An integral part of the DTU is a detailed description of the real estate object at the time of transfer to the owner with a full list of all attributes - inserted window blocks, input doors, flight screeds, etc. If the apartment is built with finishing, then listed in the document should be everything, right up to class Wallpaper on the walls. The law on shared construction does not prescribe it really. But it is important to remember that the oral assurances of the developer manager that the apartment will be a parquet, despite the fact that the contract is indicated by linoleum, you will subsequently do not choose.

Sometimes sellers are trying to include in the contract and item on the right to change the project documentation of the house under construction, as well as to make changes in the object, including its floors, flat planning, without coordination with the shareholder. From the point of view of lawyers, it is unacceptable: according to the provisions of the FZ-214, as well as the Law on the Protection of Consumer Rights, the buyer must be informed about the goods purchased to them (works, services).

About timing and force majeures

Special attention should be paid attention to the period prescribed in the contract. First of all, for the term of the DTD itself: he must act until the parties fulfill its obligations.

The second important term is the date of transfer of the real estate object for the act. The developers often indicate a quarter agreement in which the key from the apartment implies to the states. By law, it is permissible, but not too favorable for the shareholder. In accordance with FZ-214, if the construction company has not fulfilled its obligations, then two months after the term specified in the Treaty may, in an extrajudicial procedure, terminate the contract, notifying the developer in writing. That is, you will have to wait for the last day of the quarter and two more months "from above" - \u200b\u200bbefore making a claim.

However, often the developer is trying to "raise straws." It includes a condition that is responsible for the disruption of the deadlines only if there are guilt (this is a direct violation of FZ-214). Another option of preventive measures is an unreasonable expansion of the list of force majeure circumstances. Force-magazine traditionally include circumstances of force majeure - war, natural disasters, terrorist attacks. However, in DDU in this list, the regulatory acts of the government, the inaction of counterparties or low winter temperatures include.

Often, construction organizations are trying to minimize their responsibility not only for violation of construction terms, but also for its quality. For example, an item argues that permission to commission the object of shared construction is a confirmation of its compliance with project documentation, construction standards and rules, as well as a contract. That is, permission seems to be a certain quality mark, eliminating the very possibility of further claims by the shareholder. But the apartment may have significant shortcomings, which FZ-214 prescribes a reasonable time to eliminate or pay cash compensation for them.

Money is like a bill

Special attention should be paid to all points related to the cash side of the transaction. The contract must be clearly spelled out the price of the object. Ideally in ruble expression. But often the cost of the square meter is indicated in the conventional units, and sometimes - without fixing in the text of the document of the course of the Course This unequivocally impairs the terms of the contract for the participant of shared construction, approve in the Bachurin and partners law firm.

Shaulka - Reliability LeaderMany know that the purchase of an apartment for 214-ФЗ on equity construction is the most reliable option to acquire housing \u003e\u003e The document should be stipulated in which time and at the expense of what sources (own funds or bank loans) is paid to the purchase of a shareholder. Attention should be paid to what the obligation of the buyer's apartment before the developer is considered executed. Construction companies prefer to think that this is happening after crediting funds to their account. As a result, a few days, while wiring money through the bank, the buyer of housing risks very much. Specialists of legal companies insist that the conscientious buyer is not responsible for the actions of banking organizations serving the construction company, and therefore the obligations are made at the time of making money to the bank.

It is also important to be clearly registered who exactly, the developer or participant of shared construction, is engaged in the process of registration of property rights of the completed object of real estate and, accordingly, carrying all associated costs. And from what moment the salesteller pays utility payments. Often, construction organizations are trying to enter into an agreement on which all expenses for "communal" are shifted on future apartment owners immediately after commissioning. By law, this should happen only after the transfer of the property on the act, and between these two events may take half a year or more.

Finally, attention should be paid to the procedure for termination of the contract, and especially the size of the penalty, which will have to pay the participant in shared construction in the event that the relationship is broken on its initiative. It varies from 1% to 15% of the value of the object. But since in the FZ-214, the strict framework of "punishment" for the shareholder is not provided, it will have to just remember possible financial losses. Naturally, if the contract is terminated due to the fact that the developer broke the fulfillment of its obligations or built poor-quality housing, no penalties for the distribution and speech can not be.

In conclusion, it should be noted that the distribution should not always insist that absolutely all points of the contract should be painted in detail and in detail. The fact is that "by default" in the case of litigation will be a law on the protection of consumer rights, which is on guard of interests of individuals.

How to check the developer

Correctly select the developer - 90% of success. This is very important - do not be lazy to spend a little time and check the reputation of your chosen developer. Especially since it is very simple. There are two main services that we could recommend you to help check information about your future seller of the apartment is "My Arbitrator" and "". Service "My Arbitrator" unites the federal arbitration courts of the Russian Federation. He can help find out whether the developer fulfills its obligations under contracts and in what volume. You will be available to all court cases in which the developer participates as any part of the case: the plaintiff, the third party, and the most interesting - the defendant. There will also be controversial sums and all circumstances of the case. Register in the "My Arbitrator" system, go to the case file and enter the name of the developer. The service "Database of Executive Production" will make it possible to understand whether the arrears formed by the developer are paid. In addition, only the developer included in the unified register of developers is entitled to raise funds for DTA. There you can also find interesting information.

Key positions of the DTU, which is worth paying attention to

At the stage of studying the DDD project, represented by the developer, we recommend paying attention to the following points:

1. Permissive documentation. DTDs must be spelled out the base documents that allow the developer to conduct construction work in this area. Special attention should be paid to the permission to build and plan the object being created. Suiter Examine available documents on the developer's website. You can also ask you to send them to mail. Failure - reason to think.
2. Characteristics of the object. AREA. The DTU should contain detailed and detailed features of the property you purchase: temporary address, body, floor, on the plan, and, most importantly, area. Carefully examine the design declaration. The contract is necessarily a description of the object of shared construction, which should be certified by the developer, and you. The cost of the acquired object is based on the number of square meters purchased. When putting the house into operation, the area is specified according to the data of the technical inventory. This will indicate the final area of \u200b\u200bthe object purchased by DDU. If at the time of the conclusion of the DDU, the area of \u200b\u200bthe property you get less, most likely the developer will suggest you to pay extra for extra meters - this is a normal practice. If, on the contrary, the area has decreased, and in fact you paid for the object of the larger area, the developer is obliged to return the difference in price.
3. The cost of the object. Regardless of whether you pay for the cost of DDU by one amount or fixed payments, the calculation conditions must be clear, understandable and transparent. The amounts you actually pay must coincide with the amounts specified in DDU. This is an important condition if you acquire real estate through an intermediary. If the so-called amount intended for an intermediary will not be indicated in DD, in the event of termination of the transaction for any circumstances, it will simply be in his pocket.
4. Term of delivery of the object. One of the key points is the deadline for the delivery of the facility (permission to commission the house) and the conditions for the transfer of the property purchased by you. These deadlines must be expressed by a specific calendar date. In case of delay in handing the house, the term affects the amount of compensation that the developer will be obliged to compensate you. It is counted from the DTA installed in the DTA. In addition to the timing, the amount of possible compensation will also affect the cost of your property specified in DTU, as mentioned in paragraph 3 above. The deadline for receiving real estate after commissioning is put into operation, it is considered one month. During this period, you must accept the developer with your real estate on the act of reception and transfer and arrange the necessary documents. Since signing an act of acceptance and transfer, the obligations of the developer in front of you are considered executed. There may be a situation where at the time of the transfer you will need to pay for the emerging utility bills. This should also be spelled out in DDU. In no case do not sign any additional agreements with the developer, because Often developers, if you understand that you do not have time to pass the object in time trying to go to the trick and ask you to sign an additional agreement on transferring the timing of the object. If you do not pay attention to this and sign a similar additional agreement, then you cannot demand a penalty for the court for delay.
5. Warranty warranty. A separate item in the DDU should be registered as a guarantee of the quality of the object. It cannot leave less than five years since signing the act-reception of the object transmission.
6. Responsibility of the developer. It is necessary that the development of the developer is clearly spelled out for the disturbance of the DDD condition. Dates, amounts and periods - everything should be "evident".
7. Public cadastral card. Also, it should be known that the developer who owns the land plot on the right of permanent (perpetual) use, as well as a land plot for rent for a period of less than one year, has no right to raise funds under the contracts of equity participation in construction. You can check the foundations of the ownership of the land plot using a public cadastral map. It is enough to simply enter into the search string the cadastral number of the land plot on which the future structure is erected and see results.
8. Payment only with money. For construction, the developer can only attract money.
9. Mandatory state registration. DDD is considered concluded since the state registration. Previously, cases of "double" sales of apartments were distributed - when the same apartment was sold several times, while DDU was not registered in Rosreestre. Now, thanks to total computerization, such cases are practically excluded. If you still want to progress, you can order in Russia an extract from the Unified State Register of Real Estate (EGR), in which it will be indicated who is the owner of the real estate site for DDU. Do not agree on the conclusion of any agreements and / or contracts that, according to the developer, do not need to register under the law - is registered by DDU, everything else is paper, entailing additional risks - from such options it is necessary to refuse.
10. Powers. Before signing DDU Pinscribe a representative to present the original attorney (make sure that it is not overdue) and the original passport. Signature and printing in DDU should be delivered in your presence, and not "stand up" on a contract that has taken out with you "from under the table." These provisions will not be critical, however, will help you once again be convinced of the decency of the developer.

How do you go out, the process of acquiring an apartment for DTA is simple enough, if you have an idea of \u200b\u200bthe issues that you can encounter in the process and be ready for them.

Protection of the shareholder

Underwater stones of the Participation Treaty in Share Construction

Conclusion of DDU

Term of the transmission of the object

Check DDU

Lawyer Gordon A.E.

Lawyer Chamber of the Moscow Region

DDU on what will pay attention

The benefit from the participation of the population in construction is obvious: the developer for the construction of an apartment building attracts funds from the population, and not bank loans. Calculations of apartments for construction work and materials with contractors and suppliers (barter), lack of budget financing, all this significantly reduced the cost of housing. The price of an apartment in new buildings is significantly lower than the price of secondary housing and more accessible to the buyer.

At the same time, in the late 90s there were numerous schemes for the deception of participants in construction or shifting on the risks of the risks of negligent builders. The fraudsters attracted the funds of the population allegedly for construction and withdraw them through fictitious contracts with submarine firms to foreign offshore. Then, the developer was declared bankrupt.

If you conclude DDU to pay attention to?

First of all, do not relax if you are offered to buy a new building on DDU. And reading the articles on our site you will see that there are grounds for increased attention.

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Until now, the practice of starting construction of apartment buildings without initial permits and collecting money under the "air" is still maintained. For many years, accompanying transactions with new buildings we have studied a lot of contracts. The purpose of the contract with buyers of apartments was often not clear and the interests of the construction participant were weakly protected.

The Vakhanalia of the late 90s of the early 2000s was driven into the framework of civilization by law 214-ФЗ "On participation in the share construction of apartment buildings and other real estate objects" dated December 22, 2004, which, largely, defended the interests of shareholders and installed for developers Clear rules for attracting money and their spending, preparation of documents, construction and transfer of apartments to the shareholders.

Since 2010, in the Moscow region, the construction of multi-storey residential buildings in the overwhelming number of cases is conducted under participation contracts in equity construction (DDU). But in 2016, when buying new buildings, we have repeatedly met and "curves" of the DDU agreements (which are not at all DDA at all), and met sellers of apartments - not developers at all, and founders of developers from offshore, etc. and t. P. Everything listed there is no point.

The main thing is that you have to make out of study articles on the Internet - the DTU contract itself is not a guarantee for the shareholder. For the contracts may hide such pitfalls that you do not even suspect. In addition, the new building can sell on DDU, and they may receive a concession on DDU (more on assignment for DD). There are still preliminary treaties.

At the conclusion of DDU always have something to pay attention. You can say: when conclusted with DDA eyes and ears on the width of the shoulders. In the articles it is not possible to set out all possible situations, and the buyer does not know what he will face. Reading articles The buyer will not receive system legal knowledge. For this, plunging into the topic, refer to a DDD lawyer, or a real estate lawyer, in full-time consultation. The best solution will attract a real estate lawyer for legal support for the purchase of new buildings on DDU. Why exactly a lawyer? Because it is the only guarantee of higher legal education and experience. For a lawyer, no diplomas are needed.

The main work with the accompaniment of the purchase of new buildings on DDU passes before the conclusion of the contract, and requires considerable time. For this, we always recommend not to waste time and get at least the oral counseling of the DDD lawyer.

The essence of DDU

The purpose of the adoption of the law 214-ФЗ Protection of the shareholder is a participant in equity construction. The shareholder receives protection in relations with the developer in the case of the conclusion of a contract established by 214 by law, is an agreement of participation in shared construction (DDU). The essence of DDU, like any contract, is the rights and obligations of the parties to the contract, but in no way name. Start studying the DDU offered by the developer from the main part - the subject of the contract. This part should literally comply with the wording of the law:

The developer undertakes In the contract provided for by the contract and (or) with the involvement of other persons build (Create) Apartment House and (or) other real estate object and after receiving permission to commission These objects convey the appropriate object of equity construction by the participant of equity construction, And the other side (participant of shared construction) undertakes to pay the price due to the contract and accept the object of the equity builder.

The distinguishing feature of the DDD is a contract between the developer and the participant of equity construction. These terms of the contract are established by law. From the formulation of the subject of an agreement, it is clearly visible to the goal of participation in the contract of both parties.

The purpose of the participation of the shareholder in equity construction isgetting from the developer ended with construction and commissioned object (apartment, machinery, etc.).

The goals of the participation of the shareholder correspond to the main responsibilities of the developer: 1) Build, 2) put into operation and then 3) convey the object of shared construction by the participant of equity construction (shareholder).

Accordingly, the main responsibilities of the shareholder(Two them): 1) Pay the price due to the treaty; 2) Take the object of equity construction.

The lack of these duties of the Parties in the Treaty of Participation in Share Construction or other statement of the contract makes a controversial assignment of such a contract to shall participation agreements, which limits the possibility of protecting the interests of the shareholder with the help of Law 214-FZ. We recommend paying attention to the wording of the subject of the contract and bring them into line with the law 214-ФЗ.

Conclusion of DDU

The conclusion of the DDA must be performed in accordance with the provisions of the Law 214-FZ. Protection of the shareholder is provided by a number of conditions of the contract, the absence of which is a serious violation, and the basis for recognizing the contract is not disconnected. These conditions are:

• The price of the contract - The money amount payable by the contract participation. The law definitely establishes for that the salesteller pays money: 1) as a reimbursement of the cost of construction (creation) of the object of equity construction and 2) to pay for the development of the developer. The following formulations limit the discretion of the developer by order of money received from the distribution.

The price of the contract must be specified in the text of the contract is unique in the form of a solid amount or method of calculation. In any case, the condition of the price in the contract should allow the shareholder to uniquely determine the price to be paid. As a rule, the price of DDDs is indicated for 1 square meter of the construction object area, for example, an apartment building. At the same time, the DDU contract should be directly indicated and specifically described part of the object to be transmitted by the shareholder. In apartment buildings are apartments, non-residential premises. The description should include specific collateral parameters: apartment, section (entrance), floor, room on site, number of rooms, total area.

In the aggregate price of 1 square meter and the parameters of the shareholder shall allow you to establish the price of the DDU contract.

• The term of transferring the construction object by the customer to the distributor. This is a period during which the Customer is obliged to transfer to the construction of the shareholder to the construction and put into operation.

The transfer of the object of shared construction should be specified in the DDU contract for the date, or in the form of a temporary interval - for example, the 4th quarter of 2017.

• Penalty: The interests of the shareholder in the timely receipt of the developer of the constructed object are ensured by lawful penalty (article 6 of Law 214-FZ is established). For each day of delay in the customer in the transmission of the object, the latch, the latter is entitled to demand the payment of a penalty (penalties) in the amount of one three hundred refinancing rate of the Central Bank of the Russian Federation, acting on the day of the fulfillment of the obligation, on the contract price.

IMPORTANT: If the scaler is a citizen, then the penalty charges in a double size.

• The quality of the object of equity construction: The developer is obliged to transfer the shareholder to the object of shared construction corresponding to the terms of the contract, construction standards, project documentation, as well as other mandatory requirements.

In the case of identifying a retreat from the terms of the quality contract, which make it unsuitable for the use contract provided Participant of equity construction, unless otherwise established by the contract, in his choice it is entitled to demand from the developer:

* gratuitous elimination of deficiencies in a reasonable time;

* proportionate reduction in the price of the contract;

* Compensation of its expenses for the elimination of deficiencies

If the prolonnel, when transmitting it to the construction of the object, found substantial deviations as an object of equity construction (improper, defects, not compliance with the configuration - instead of plastic windows - wooden, instead of double double-glazed windows - single, lack of electrical wiring contracts, etc.) from the conditions contracts, or late elimination of the developed deficiencies, participant of shared construction is entitled to unilaterally refuse to fulfill the contract and demand from the developer of the return of funds and pay interest.

Important: Interest In the case of one-sided termination, the DDU's contractor is charged from the date of making a party to the equity construction of funds or a part of funds to the price of the contract until the day of their return by the developer of the participant of shared construction.

• Warranty period:A warranty period of at least 5 years is set to the object of shared construction, from the date of transfer of the object tool.

The requirements of the shareholder to the developer for the quality of construction object can be presented within the warranty period.

Additional Protection Guarantees: Opportunity one-sided extrajudicial termination of the DDU treaty At the initiative of the shareholder, in cases:

1) delay in the developer of the transmission of the object of equity construction for a period of more than 2 months, against the term established by the Treaty;

2) violation of the developer of conditions on the quality of the construction object, which makes it not suitable for use;

3) a significant violation of the requirements for the quality of the object of equity construction;

4) termination of the guarantee on the obligations of the developer before the expiration of the construction period.

At the same time, in certain situations, the shareholder can terminate the DDU contract only in court:

• with the termination or suspension of the construction (creation) of an apartment building, which includes the object of shared construction.

Under this basis, the requirement to terminate the DDU treaty will be informed if the circumstances obviously indicating that the provisional construction object provided for by the DDA contract will not be transferred to the participant of shared construction;

• in cases of a significant change in the design documentation of the apartment building under construction, which includes the object of equity construction, including a significant change in the size of the object of equity construction;
• with a change in the appointment of the common property and (or) non-residential premises that are members of an apartment building and (or) other real estate object.

The interests of the shareholder performed by the developer of the obligation to build timely, put into operation and transfer the object of construction, as a weaker side of the contract, according to the Law 214-FZ is ensured by the Civil Code of the Russian Federation in ways:

1) Pledge, 2) by the guarantee of the bank, 3) in civil liability insurance.

By virtue of the law, from the moment of the conclusion of the DDU agreement, the land plot is pledged at a pledge at which a multi-family residential building should be built, as well as an apartment apartment building, not covered by construction.

In view of the obligation of state registration of the DDU treaty in the Unified State Register of Rights, in the commission of the State Registration of the Treaty at the same time, the state registration of the mortgage of the land plot is at the construction site.

In the event of a construction and / or state registration of the ownership of the developer for unfinished construction, the object, such an unfinished construction, the object is deposited by the shareholders.

The object entered into operation, the object is considered to be pledged at the shareholders until its transfer to the developer to the shareholder on the transmission act.

The collateral is ensured by the implementation of the Developer of the obligations: 1) on the return of funds made by the participant of shared construction, 2) on payment of the participant of the shared construction of funds due to him in the compensation of losses and (or) as a penalty (fine, penalties) due to non-fulfillment, delay or other improper fulfillment of the obligation to transfer the object of equity construction.

Guarantee of the Bank and Insurance

By choosing a developer, along with the deposit, ensures the obligations of the developer for the transfer of residential premises by the participant of equity construction for all agreements concluded for the construction of an apartment building on the basis of one permission to build a bank guarantee or civil liability insurance.

Check DDU

The concept of testing the DTU has two meanings: 1) the main - test activities before the conclusion of the DDU agreement, 2) checks the DDD itself.

What we check before the conclusion of the DDU treaty

Listed above guarantees of the shareholder under the DDA agreement may be implemented if the contract participation in form and content meets the requirements of the Law 214-FZ, that is, is indeed a DDA agreement. Studying the text of the DDU treaty and compare it with the law 214-ФЗ - a conscious need.

At the same time, the developer itself and the construction itself must comply with the requirements of the Law 214-FZ. It should be clearly submitted that the main responsibility of the shareholder under the contract is to pay the price of the contract (the cost of the apartment), and with insufficient care, this money may be lost. The shareholder can provide an agreement, he signs it, pays money, and ...., All. There is no construction.

By itself, the DDU contract itself, even if the guarantees established by law, does not exempt the shareholder from the need to be careful, and make the necessary actions when concluding the contract. The shareholder should know: in case of violations of the developer, the termination of the contract and the refund of funds takes considerable time and means and requires effort.

The price of the apartment, the possible loss of time and labor costs for the return of funds by the shareholder makes it appropriate to conduct a preliminary verification in preparation for the transaction on the conclusion of the DDU treaty.

Checking events before the conclusion of the DDU treaty.

We check:

• DDA draft treaty DDA for compliance with its requirements of the Law 214-FZ.
• The developer, as a legal entity and as a construction organization for existence, compliance with the accounting registration data declared by the developer itself, annual reporting, reputation, etc. We check the information about the founders and the developer manager.
• We establish ways to provide obligations under the DDU Agreement.
• Install the characteristics of the guarantor or insurance.
• We establish information about the land plot on which the construction of an object under the Treaty of DDU is assumed, and its compliance with the requirements of the Law 214-FZ.
• We establish information about the presence of a design declaration on the construction object.
• Check the compliance of the information of the design declaration and building permit.
• We check the information on registered DDA treaties to participate in the share of construction under the DDD object and compare with the construction permit and the project declaration.
• We establish the presence of legal proceedings with the participation of the developer and contractors. Their nature and importance for the construction and conclusion of the DDU treaty.
• We establish the existence of legal schemes for the organization of construction and attracting money distributions.
• We appreciate the prospects for the timely end of construction and the transfer of the construction site.

Underwater stones at the conclusion of DDU

Verification of the real object in New Moscow September 2016

What to pay attention to

Legal support of the sale of the sale of an apartment in a new building under the Treaty of DDU clients were not required, since New Moscow, residential complex business class. Documents are transparent, high degree of readiness of the object - the complex is surrendered in six months. The realization of apartments is long (more than a year and a half), there are no publications about scandals on this object, there was a transfer of delivery, but at a time.

We were asked to pour on the transaction and see the construction documents for obvious flaws and the share of equity construction.

It all started with the "trifling": we could not provide the attorney of the representative for the signing of the DDU and the contract, the basis of which he acted. They were not at all, not the original not copies. But the question was in another, for some reason, not the developer sold apartments, but an individual entrepreneur for the agency agreement.

We did not receive intelligible explanations from managers, and the buyer instructed us the legal support of the sale and sale of the apartment.

We started a standard check before signing DDU, according to the scheme described above.

Provided full package of documents confirmed the legality of construction. There was a construction permit, a project declaration and other documents.

The date of issuing a permit for construction confirmed the timeliness of its receipt and the legality of the start of attracting the funds of shareholders.

Land plots were in 2009 in the property of the developer, which also inspired optimism. Just as the characteristics of the land: Land category and allowed use.

By this time, the concept of a deal on the part of the developer (seller) has changed: instead of the conclusion of the DDU, they were offered to buy under the contract for the assignment of DDD rights from one of the shareholders.

The new Yur appeared face - a prolonger who sold his rights on the previously concluded Treaty of DDU. In general, the working version, but the checks are added. The buyer gave an otmashka, moving on the inspection.

The DTU Treaty caused questions: at first glance, the contract corresponds to the law, but, in the contract 15 apartments. The Rights of one of them is inferior to our buyer.

There is no violation of the law, but there are grounds for "linings" when designing, because The State Registration will take place one contract concession for one apartment.

• We check the shareholder - the Russian organization, but one founder with 100% of the share - offshore - British Virgin Islands. The same is nestless.
• Checking the existing Treaty of DDU - And here is the news: there are no information in the right register (USRP) About this contract. However, on the contract itself, the number of state registration is. Most likely a mistake with information in the registry, forgot to be made to the database, it happens, not scary, but you must double-check. So when making a concession, the sale of one apartment may be requested.
• We establish the number of prisoners of DDU contracts as a whole on the object - News: Only about 180 pieces, and with the words of the client and the developer manager sold more than 1,000 apartments in retail, that is, there must be a DDA contracts. Given that in the "our DTU contract" 15 apartments, the number of mines sold little, for 1.5 years of sale and close end of construction.
• We check the presence of litigation - news: our salesman seller is actively sued. In 2015-2016, the loller participated in 20 trials. Everywhere, the accommodation - the defendant, monetary requirements for the amount of from 1 to 70 million rubles were presented to him. For the non-payment of building materials or completed construction work.

Austility: According to one of the court decisions, the recovery was fulfilled by deposit. And now the news! Pledge is our DDU contract! We arrived!

Court recovery has been drawn at the end of August 2016, that is, a few weeks ago.

The recovery is made on a court decision through the implementation of trading.

The question is that all the rights of the shareholder under the Treaty of DDU turned out to be, for all 15 apartments. The recovery was talked only to a part, it was on the apartment chosen by the buyer.

In addition, when discussing the situation with the client, it turned out that he was counting on to enter the apartment at the end of the first quarter of next 2017. However, in our opinion, the object will be completed by construction at no earlier than the second quarter, but will be commissioned not before the third quarter of 2017.

This was confirmed by the information of the project declaration and the extension of building permits to the 2nd quarter of 2019.

What we have notified the client.

After long reflection, the client decided to buy an apartment for this developer. We recommended to consider another DDU Treaty, which was not subject to collateral and did not participate in litigation.

The disassembled concrete situation showed: at the conclusion of the DDD to pay attention to all:

1. for construction documents (land, construction permit, project documentation, etc.)
2. on documents developer
3. the seller's documents (if the apartment is buying on the assignment of rights), first of all, compare the original DDU, its execution by the shareholder, and the concession contract
4. on the text of the conditions of the contract itself in equity construction

The main advantages of the contract of shared construction concluded according to the rules of the Law 214-FZ:

• Attracting degrees to participate in construction under the DDD contract is carried out by the developer after receiving and registering land ownership or rental.
• The developer is obliged for 14 days to publish in the media, the Internet information about the project of the future building (project declaration).
• The contract of equity construction (DTU) is subject to mandatory state registration. Information about the DDU Agreement is entered into a single state register of rights to real estate and transactions with it (USRP). The State Registration provides a guarantee for the lack of a double housing sale.
• If the developer is delayed or delayed by the developer, the developer pays fines, penalties prescribed by the contract.
• When the construction defects are found during an acceptance of an apartment in a new building, the developer must, at the request of the shareholder:

- eliminate the shortcomings in free of charge on your own

- Reduce the cost of the apartment, the amount necessary to eliminate the shortcomings.

At the same time, the compliance of the DTU agreement with the requirements of the Law 214-FZ "On participation in the share construction of housing and other real estate" is not a panacea and does not exclude the possibility of other problems.

As shown above, it is the risks of the pledge of rights under the DDA agreement, the bankruptcy of the developer and other.

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As of September 2016

Buying a new apartment is a serious and responsible step. Before you buy housing in the house under construction, you need to weigh everything well and think about it. The sale of residential premises implies the conclusion of DDU (214-ФЗ). What to pay attention to the signing of this document? This will be discussed in our article.

The first lines of the contract

Before tie themselves with obligations with a specific construction company, it is worth carefully studying DDU (214-ФЗ). What to pay attention from the very beginning? First of all, it is necessary to establish who is registered in the document as a developer. The text must necessarily indicate the full name of the construction company. More information is not prevented and more detailed information - the date and place of the registration of the developer, these certificates of making an enterprise in the province and so on.

The contract should be on behalf of the developer specified in the permit for the construction and lease agreement or the sale and sale of a land plot for the construction of an object. At the same time, the Director General may be on behalf of the enterprise. It is his signature that should stand in the document. If the contract is signed by another manager, then unforeseen difficulties may arise during court proceedings. An employee has the opportunity to represent the interests of the company only by proxy, and it should be attached to DD.

What will the conversation go?

The subject of the contract must be specified perfectly clearly, without the possibility of discrepancies. Shared participation in the construction of a residential building involves obtaining a specific object of real estate in a predetermined period. This is exactly what needs to be fixed in the document. Any other issues - participation in investment activities, co-financing construction, the assignment of premises after the object is commissioned, - have nothing to do with the subject of DDU. Law 214-FZ directly indicates this. And it does not matter, it is written in the title of the document "Agreement in Participation in Share Construction" or not.

Detailed description - the key to success

Participation in prescribes that the DDD must contain all possible features of the object. It should be spelled out the construction address of the land plot, the estimated apartment number, the floor on which it is located. In addition, it is obligatory to be the point on financial guarantees that developer provides its customers.

The document also needs a warranty period for real estate and its engineering service. As a rule, the guarantee for residential premises continues for 5 years, for its equipment - 3 years. Reduced the period of responsibility for the transmitted object by the legal way the developer cannot.

Question about the cost of the apartment

The contract of equity should contain an accurate technical description of future housing. It should contain an area of \u200b\u200ban apartment, the size of the balcony, loggia or terrace, taking into account the downward coefficient. Construction companies are traditionally trying to include in the DDA claim that if, according to the results of the measurements of the BTI, the area of \u200b\u200bresidential premises will be less indicated in the contract, then the shareholder is obliged to pay extra for an additional area or the developer will return a part of funds for unfinished square meters. Sometimes in the document indicates that, regardless of the final result, no one should anyone.

Experienced lawyers remind that the law 214-ФЗ does not prohibit incorporate in the contract item on the revision of the price. However, in accordance with the law on the right of consumer, the buyer has the right to demand money from the developer for the missing area, while the construction company can not receive anything for extra square meters. In judicial practice, this issue is considered in different ways.

Detailed "Portrait" Apartments

By entering into the buyer, it is better to pay special attention to the details. For example, the developer must include in DDU a detailed technical description of the real estate object. In the document, all attributes are prescribed in detail - window blocks, input and interior doors, floor screed, wall decoration and ceiling, etc. If the residential premises are transmitted with finishing finish, then everything should be specified in the contract, even the wallpaper class. In the 214-ФЗ on participation in the share of construction, it is not directly said about this, but the oral obligations of the developer in court do not present. Therefore, be vigilant and demand that in the DDA it was a complete technical description of the apartment.

Sometimes the construction company seeks to make an agreement on the right to make changes to the project declaration, layout and engineering characteristics of the object without coordination with the shareholder. However, from the point of view of the law, it is unacceptable: the buyer must obtain complete information about the purchased product.

When to wait for the fulfillment of obligations?

The deadlines for the execution of all stated obligations in DDU (214-FZ) should be clearly spelled. What to pay attention to when studying this section of the contract? First of all, the duration of the document itself should be specified. Moreover, the wording should follow that it is valid until the parties executed by all obligations.

In addition, the DTD should be indicated by the date of transfer of the apartment to the customer. The construction company often stipulates not a specific period, and the quarter in which plans to transfer the keys to the residential premises. This is not considered a violation of the law, but delivers some inconvenience to the client. The fact is that the protection of his interests in case of violation of the deadlines is clearly spelled out in 214-ФЗ. The summary of the Legislative Act includes a very important point - the Customer may terminate the contract only two months after the expiration of the transfer date indicated in it. This means that the consumer will have to wait for the end of the quarter, and then 2 more months to present their claims to the developer.

Moreover, the construction company is actively looking for the opportunity to bypass 214-ФЗ. The penalty for the disruption of the deadlines can be a heavy burden to lie on the shoulders of the developer, so he is always trying to progress. For example, it includes a condition in the contract, according to which material liability is carried out only in the case of its own guilt or unreasonably expands the list of circumstances of the circumstances of the inadequate force. So be careful! Traditionally, force majeure suggests attacks of terrorists, military actions or disasters of a natural character. Amendments to legislation, adverse weather conditions and inaction of counterparties do not belong to it.

Quality - Another Underwater Stone DD

214-ФЗ On participation in equity construction prescribes that in the case of any shortcoming in the apartment, the company is obliged to eliminate them to or pay to customers relevant compensation.

Some developers are trying to provide possible misunderstandings and include in the DDA item that the commissioning permit is equal to the confirmation of the object of project documentation. Thus, the developer is trying to minimize its responsibility for the poor quality of housing. The ability to claim by the owner, this item still does not exclude, but may cause problems during a trial.

How to protect your money?

The cash side of the transaction is the most important point of DDU (214-ФЗ). What to pay attention to this issue? First, the cost of real estate should be clearly spelled out in the contract. Better if it is indicated in rubles. Unfortunately, the price per square meter is often determined in the conventional units, and without fixing the specific course in the document. This significantly worsens the terms of the contract.

Secondly, in DDU (the sample can be found in any legal office, one we give below) should be specified, in what time frames and at the expense of what funds will be paid. These can be their own savings or mortgage loans, for example. And it is necessary to carefully study the moment according to which the customer's obligations under the contract will be considered executed. Developers insist on what this happens after crediting funds to the account of the construction company. As a result, the shareholder risks greatly. After all, the transfer of money through the bank occurs within a few days, and all this time the buyer is in suspended. The solution to this problem is quite simple - in the contract of equity participation, it is necessary to include a clause that obligations to developers are considered fulfilled at the time of making funds to the bank.

Who carries related expenses?

It is important to clarify the question of which Parties will pay the costs of registration of the property in the management of Rosreestra. In addition, you should decide from what point the buyer should pay utility bills.

Often, developers are trying to include in the DDA item in which the customer pays for water accounts and light from the moment the residential house is put into operation. However, the transfer of an apartment on the act can take place in only a few months. It turns out that, without settling in the new apartment, the owner will have to pay a "communal". There is nothing fair in it, so we call you carefully examine this item of the contract.

How to terminate DDU?

Participation involves not only the conclusion of the contract, but also the possible refusal to commit the Developer. If this happens on the initiative of the customer, then it must pay a penalty. During the signing of the contract it is worth paying attention to its size. It usually varies within 1-15 percent of the value of the property. The strict punishment framework for participants in equity construction in this case is not listed in 214-ФЗ. A summary of the Legislative Act suggests that this issue is left at the discretion of the parties. Remember possible financial losses when terminating the contract and pay attention to the size of the penalty - it will help you to save.

In conclusion, I would like to notice that the shareholder is not at all necessary to insist that all the points of the contract are painted in detail. During the trial, the Consumer Protection Act will be taken into account, which fully protects the interests of individuals.

A very important role is played by the fact that the contract of equity participation on the side of the developer is also played. If we proceed from the requirements that exist in domestic legislation, only the General Director of the Developer company has the right to sign DDU without a power of attorney. But this practice in our country is practically absent: only one of the hundred general directors signs such documents. So, after checking the DDU from a third-party lawyer, for its compliance with the interests of the client, you need to pay attention to the signator of the contract by the developer.

Usually such contracts are signed by: Sales Director, Commercial Director, or Head of Sales Department. So, if the contract is not signed by the Director-General, but any of the above persons, then must be asked to provide the original attorney to sign such documents. But this original not only should be seen, it is necessary to ask him to make a copy, and it is notarized this copy.

What is dangerous signing DDU not by the Director General?

If the contract of shared participation signs not the Director-General, but a person who does not have a formal power of attorney to fulfill such actions, then such an agreement will not have legal force. It turns out that the potential owner of housing in the new building will invest its money in the construction of such an apartment, which he may not receive. Considering the fact that the cost of the apartment is several million rubles, thus not worth risking.

What will insure a copy of power of attorney?

With the help of a power of attorney (or rather, its copies because no one will give the original) it is possible to prove the legal force of the concluded with the developer of the contract. If there is no such copy in the hands, it is practically impossible to prove that the contract is correctly impossible. If there is such a copy, you can always prove that DDD subscribed to the representative of the developer who had the right to this. In court, such a document will be powerful. Of course, it is better that the situation does not reach the court, but there are different situations in life.

It is necessary to clearly imagine that in the signing of the contract and sale of housing in the new building not only the client is interested) especially if he decided