Today, an equity participation agreement is a document that can ensure the protection of the interests of the shareholder during the purchase of housing from the development company. The law sets out clear requirements for the content of the document and regulates the rights and obligations of the parties, however, an agreement can protect the shareholder from many problems only if the document is registered with Rosreestr.

When signing the DU, the developer himself registers the agreement (this is an additional service), but at the same time demands payment from the shareholder for this, and quite a high one. Today we will talk about whether a shareholder can save money and register a child-care center with Rosreestr on their own. You will find out whether the shareholder has the right to do this, whether the law allows self-registration and how willingly the developer agrees to this option of interaction with the shareholder.

What the law says about self-registration

Let's start with the fact that there is a contract itself (DDU), which lacks any mention of who will register the document. An additional agreement is attached to the contract, which deals with various services provided by the developer for a fee, in particular, document registration is precisely the additional service that the developer provides to the shareholder.

the federal law (FZ-214) determines that the relationship between the shareholder and the developer is governed by the provisions of the law “On the Protection of Consumer Rights” (ZZPP). Article 16 of the PZPP states that the purchase of certain goods or services cannot force the consumer to purchase other goods or services.

In other words, the developer cannot impose on the shareholder the service of registering a child-care facility (registration of real estate ownership, as well as other services), if he does not want it, the shareholder has every right to independently register the agreement with the developer in Rosreestr.

However, today the registration of a DDU by the developer is a generally accepted practice; the vast majority of shareholders, without hesitation, pay the developer for registration. In some cases, it is indeed easier for the equity holder to pay to have everything done for him, especially if he has never had to deal with such issues. But most often, clients of development companies simply do not suspect that they can refuse the registration service and do everything themselves, while saving money.

How much? How much does it actually cost to register a contract?

It must be said that the developer asks for considerable sums of money as payment for this service., registration cost (for reasons not entirely clear) starts somewhere around 30 thousand rubles, and the cost of the entire package of additional services may well exceed 300 thousand rubles. As a rule, developers tie the amount of payment for registering a preschool educational institution to the cost of the apartment; a percentage ratio of the cost of the purchased housing to the amount of payment is taken. So, today builders and developers take up to 1% of the cost of an apartment.

By the way, developers began to gradually move away from this practice, accepting a certain fixed value for the cost of their services.

Perhaps this is happening for the reason that shareholders have recently become more literate, and it has become increasingly difficult for managers to answer awkward questions. Indeed, it is difficult to explain how the square footage and cost of housing can affect the cost of the service (in fact, a set of the same actions performed in a standard sequence).

In fact, the price of the service that developers impose in one way or another is too high, even with a minimum price tag. The entire registration procedure boils down to submitting a set of documents (on the part of the developer and shareholder), and this is usually done in bulk; dozens of contracts are simultaneously sent for registration. And yes - the developer is required to submit a complete set of documents on his part only once, when the first residential building is concluded and registered (in the residential complex under construction). Project documentation, permits, etc. are submitted once, and then, together with the shareholder’s package, the developer submits an application for his consent to the contract, etc.

After the “opening of registration”, re-submission of the entire package of documents provided is not required; mainly, information that concerns each shareholder is needed.

How did the consumer become accustomed to paying quite significant sums for such an easy task for the developer? It is very profitable for the developer to receive good money, in fact, for nothing. If at the construction stage the main funds paid by equity holders are spent on purchasing building materials, paying workers, ensuring the operation of equipment and special equipment, then at the registration stage the investments are minimal.

Actually, all costs that the shareholder will face will be limited only by the state duty (up to 200 rubles), and transportation costs (and this is not a fact: documents can be submitted to the nearest MFC or even via the Internet).

The state of affairs with the registration of preschool educational institutions in the modern market

The developer benefits from the lack of clear and structured information about the order in which the registration procedure must be completed and what documents must be provided. Operators of Rosreestr and MFC are often not aware themselves, since such requests are extremely rare at the moment. Accordingly, representatives of the developer themselves are also not eager to advise anyone on this issue. Therefore, when registering a preschool education on your own, you will really have to make some efforts.

Often, the developer’s managers insist that the company register the contract if the conversation nevertheless turns to this, since most clients continue to consider the service mandatory. Accordingly, various preferences are provided for clients who are inclined to pay the requested amounts for registering a DDU (when choosing an apartment, etc.). Various bonuses are also provided for the salespeople themselves if they impose a service, so if there is a good flow of clients, they can, under various pretexts, refuse those who do not want to pay extra money.

No one will officially refuse to sign the DDU, since this is clearly contrary to the law. (described above). For example, a “greedy” client is given the opportunity to buy a home, but without booking a specific apartment, the developer allegedly does not know when the client will register the contract, or whether this will happen at all. As a result, the client may receive, to put it mildly, not the most favorable conditions.

Further, the registration procedure involves the submission of documents by two parties at once, if the developer can submit documents for the shareholder (via power of attorney), then the chances that the developer will issue a similar power of attorney to the shareholder are practically zero.

As a rule, managers explain that in order for the shareholder to register the agreement himself, a meeting between the developer’s representative and the shareholder is necessary at the place where the documents are submitted (in this case, the developer needs a statement of his consent to enter into an agreement with the shareholder, since the remaining documents have already been submitted by the developer).

Accordingly, the developer may refer to the impossibility of assigning a manager who would deal with the individual shareholder personally, thus, the registration process can be delayed until the moment when the best apartments are sold. However, few people know that in fact the developer can submit documents on his own behalf and without the presence of the shareholder.

Self-registration of preschool education

There is a way out of this situation. A shareholder who does not want to pay extra money and can find the time to complete the registration on his own is faced with a task consisting of two stages. First, you need to ensure that the developer provides the client with the opportunity to exercise his legal right, and then you just need to transfer a set of documents to Rosreestr.

“We persuade” the developer

Now we will present a method that will help the shareholder refuse the additional service. At the stage of signing the DDU (this happens in the sales office) there is no need to ask unnecessary questions, but simply sign the DDU itself, as well as an additional agreement - an agreement on the provision of paid services, which will list various services, the procedure for their provision, the amount of payment, including the service of registering the DDU in Rosreestr. After signing, the client receives a list of documents that must be provided to the development company so that its representative can fulfill the obligations under the two contracts.

The very next day you need to come to the sales department with a statement of desire to terminate the additional agreement (at the same time, agreement to comply with the terms of the main document is confirmed) . The application is written in two copies, one is handed over to the responsible person (in the transaction services department), and on the second a mark is placed confirming acceptance of the application.

Now all that remains is to wait for the result in the form of an official response from the developer. There are two scenarios for the development of events - either the developer agrees to terminate the agreement on additional services or refuses to do so (in writing). In the first case, you can start paying and registering the contract. In the second case, you need to pay the amount requested by the developer, take the official response from the developer, the share participation agreement and go to court with a statement of claim. A written response will serve as convincing evidence that the developer is breaking the law and extorting money for additional services.

If the court rules in favor of the equity holder (and the chances are quite high), then the amount paid under the second agreement will be returned. At the same time, the developer will be obliged to fulfill the obligations under the DDU, since there are simply no reasons for terminating this agreement.

We prepare documents

In any case, by the time the court makes a decision, the agreement will not be registered, since the developer has not received from the equity holder a set of documents required for this. Therefore, at this stage the shareholder needs to prepare the necessary papers on his part (the developer, for his part, will provide the necessary documents to Rosreestr), and go register your preschool education.

The following documents will be needed for registration:

Identity card or power of attorney, if someone registers the agreement on behalf of the shareholder. If the transaction involves someone who represents the interests of the child, a birth certificate is required; for a person incompetent, the transaction can be completed by his guardian, in which case a certificate of appointment as a guardian will be required;

Participation agreement. The document must be provided in triplicate (for the shareholder, Rosreestr and the developer company), if there are several shareholders’ agreements, then there must be a corresponding number of copies;

Application for registration, this must be an application from the shareholder and an application from the developer. In case of self-registration, the latter will provide it to Rosreestr;

If borrowed funds are involved in the transaction, it is necessary to provide a pledge agreement, since simultaneously with the registration of the DDU, the registration of the encumbrance of the rights of claim will take place;

Documents for the property - a plan of the property indicating the location of the apartment, area and other parameters of the housing. The documents are drawn up by the developer and, at the time of signing the DDU, are agreed upon with the shareholder;

A document confirming the consent of the spouse to carry out the transaction, certified by a notary. Not required if husband and wife are parties to the transaction.

Due to the fact that changes occur periodically in legislation, the presented list may be changed, so you need to check it with Rosreestr. When submitting documents, you need to pay a fee (up to 200 rubles), you do not need to provide a receipt, just if there is no payment information within five days (workers) Rosreestr will suspend registration and return the package of documents without reviewing it.

Registration in Rosreestr of preschool educational institution with mortgage

If borrowed funds are involved in the transaction, it is necessary to submit a mortgage agreement with the bank to Rosreestr. In addition, a pledge agreement will be required, since simultaneously with the registration of the DDU, the registration of the encumbrance of the rights of claim will take place.

We submit documents and collect the registered agreement

You can submit documents at the territorial office of Rosreestr, through the MFC, or via the Internet (website of Rosreestr or Unified portal of public services), by post. In addition, it is possible to transfer documents to a representative of Rosreestr during an on-site reception (if the ability to move is limited, it is free, in other cases it is paid).

Registration (in law) must be completed within seven working days, if documents were submitted through the MFC, then it will take a couple of days longer (including shipping). After the specified time has passed, you need to receive the registered contract in your hands, and a registration inscription will appear on the document.

Conclusion

We have described the sequence of actions that need to be taken when registering a childcare facility on your own. We hope that the information presented will help you save money when registering real estate with a developer. Remember your right to refuse additional services; this applies not only to registering a contract, but also to registering ownership of your home. In conclusion, I would like to remind you of the need to carefully study the contract and contact professional lawyers in case of various difficulties.

Igor Vasilenko

The construction of apartment buildings at the expense of future owners is a common practice. Despite this prevalence, citizens do not know all the features of the procedure for purchasing housing in this way. Therefore, we have prepared an article for you that describes in detail how to register shared participation, what are the pros and cons of this method of buying an apartment, and what to look for when choosing a developer.

○ Comparison of the DDU and the purchase and sale agreement.

An equity participation agreement is not a purchase and sale agreement. Despite the fact that in each case the subject of the agreement is real estate acquired on a fee basis, there are significant differences between the two transactions. The comparison is shown in the table below.

Comparison criterion		Contract of sale
Legal basis		Civil Code of the Russian Federation (§1.7 Chapter 30)
Conclusion form	Simple written (clause 3 of article 4 No. 214-FZ)	Simple written (Article 550 of the Civil Code of the Russian Federation)
Participants of the agreement	Developer and shareholder	Seller and buyer
Subject of the agreement	Construction of an apartment building by a developer who, after delivery of the object, transfers the paid apartment into the ownership of the shareholder, as well as payment of the cost of housing specified in the agreement (Clause 1 of Article 4 No. 214-FZ)	Transfer of housing from the seller to the buyer for a set price (Article 549 of the Civil Code of the Russian Federation).
Essential conditions	Subject of the agreement. Dates for completion of construction and commissioning. Cost, form and procedure for payment. The warranty period specified in Art. 7 No. 214-FZ; Ways to ensure that the developer fulfills its obligations.	Subject of the agreement. His price. List of persons entitled to continue to use housing. Registration of the agreement in Rosreestr.
Rights and obligations of the parties to the agreement	Determined by agreement	Determined by agreement
Drawing up a transfer and acceptance certificate	Required (Clause 1, Article 8 No. 214-FZ0	Required (Article 556 of the Civil Code of the Russian Federation).
Responsibility for violation of one's obligations	Provided	Provided
Paying taxes	The developer does not pay taxes on provision (clause 23.1, clause 3, article 149 of the Tax Code of the Russian Federation).	A percentage of the profit from sales is the creation of a cache ((clause 5, clause 1, article 208 of the Tax Code of the Russian Federation). If the apartment has been owned for at least 3 years, income from its sale is taxed (clause 17.1, clause 1, article 217 of the Tax Code of the Russian Federation).

○ Advantages and disadvantages of buying an apartment under the DDU.

Like any transaction, DDU is characterized by both minuses and pluses. The benefits include:

• Guarantee of new housing.
• The impossibility of changing the price of housing unilaterally by the developer.
• The possibility of terminating the contract and the provision of penalties.
• Developer's warranty obligations.

However, the disadvantages of this type of transaction are significant:

• Delay in processing documents due to mandatory registration.
• The need to compensate the developer for damages in case of early payment of the entire payment amount.
• Payment terms are limited - the full amount must be deposited into the buyer’s account before the apartment is delivered.
• The installment plan has a maximum payment period of 5 years.

Before deciding to enter into a DDU, it is important to carefully weigh all the pros and cons.

○ How to avoid possible risks.

The conclusion of the DDU implies the following risks for the shareholder:

• Changing the deadline for putting the house into operation.
• Changes to the layout of the building unilaterally by the developer (changes in the number of floors, apartment configuration, finishing work, etc.).

These risks can be minimized by carefully reading the agreement before signing it. But the DDU presupposes the presence of other risks that cannot be eliminated by paying attention to the contract:

• Freezing of construction (usually in case of bankruptcy of the developer).
• Encumbrance on housing - its occurrence is possible if developers attract not only money from equity holders, but also credit funds for construction. In the latter case, the house acts as collateral, which can be claimed in case of non-payment of the debt.
• Double sale, most often this risk arises if the contract is concluded with an intermediary and not with a direct developer.

To avoid such risks, it is important to choose the right developer. When making decisions, you should pay attention to the period of existence of the construction company and reviews of its activities.

○ Purchase procedure under an equity participation agreement.

The algorithm of actions for purchasing housing under the DDU is as follows:

• Selecting a bank (in case of a purchase with borrowed funds) according to the terms of the loan.
• Selection of a developer with mandatory verification of the package of documents: validity of constituent documents, availability of a construction permit, terms of cooperation.
• The choice of a service company whose services the owners will use after moving into new houses, the decision is made at a general meeting of future residents.
• Paperwork.

At each stage of the transaction, it is important to exercise special care, which will help to avoid unpleasant consequences.

○ How to draw up a DDU agreement.

The agreement must be in writing, indicating:

• Identifying information about the building and the apartment being purchased (exact location address, technical characteristics).
• The completion date of construction should indicate two dates: commissioning and handover of the key to the apartment.
• Guarantee periods for the engineering and technical condition of the building and apartment.
• A payment schedule indicating each payment due date and the total cost of housing.
• Rights and obligations of the parties, as well as liability for their non-compliance.

A properly executed contract is a guarantee of protection against various unpleasant surprises during the completion of the transaction. The conclusion of any other agreements other than the DDU (including a preliminary agreement) cannot serve as a basis for going to court in case of violation of one’s rights.

25.03.16 81 873 0

How to prepare and what to watch

Nika Troitskaya

real estate marketer

Consultant - Andrey Targashov

Now you have chosen a house and apartment, agreed on the price and method of payment. Time to make a deal. According to the documents, buying an apartment in a new building occurs in six unforgettable stages:

1. Prepare your documents.
2. Sign a share participation agreement with the developer.
3. Register the agreement with Rosreestr.
4. Pay the cost of the apartment.
   (Here you have to wait until the developer delivers the house.)
5. Sign the acceptance certificates of the apartment, receive the keys.
6. Register ownership.

You will become the full owner of the apartment after you register your ownership. From this moment on, you will be able to register at a new place of residence, resell the apartment, move in tenants, or make redevelopment.

In today's article we will tell you how the first two stages of the purchase occur: what documents will be needed and how not to screw up the contract. Registration of the contract, and - topics are voluminous, so we will write about them separately.

1. Prepare documents for purchase

The package of documents depends on whose name you are buying the apartment in and how you will pay for it.

Apartment for yourself

The simplest case is that you are single or single, draw up an agreement only for yourself, buy an apartment on an advance payment or in installments. In this case, prepare only your passport.

If you are married, but you are registering the apartment only in your name, in addition to your passport, you will need the consent of your spouse to purchase the apartment. Such a document will be drawn up in the presence of your spouse at any notary office; he will need a passport and marriage certificate with him. You don’t need to go to the notary: whoever gives consent comes in person.

If you have a prenuptial agreement that states that you have the right to buy real estate without separate consent, take it with you to the transaction.

For two with spouse

If you are buying an apartment for two with your spouse, you will need your passports and marriage certificate for the transaction. If your spouse cannot be present in person at the signing of the contract, then you will need a notarized power of attorney - so that you sign the contract for your spouse.

For a mortgage

If you buy an apartment with a mortgage, you will have to prepare more documents, and each bank has its own list. Some developers employ mortgage brokers - people who know everything about mortgages and help prepare the application and documents so that you receive a mortgage decision. A mortgage broker will tell you on what terms banks give a mortgage, what documents to bring, he will fill out an application and send it to those banks that issue mortgages for your developer’s apartments.

If the developer does not have a mortgage broker, you will have to contact banks yourself, collect documents and fill out applications. Prepare the following package of documents for each bank:

If you have other sources of income, but your official salary is not enough for a mortgage, inform the bank about this - they will help you fill out a form in which you indicate your real income. It is called a certificate in the form of a bank.

Before the transaction, collect a package of documents and call the developer: check with him whether you have taken everything.

2. We sign the agreement with the developer

In the article “How to choose a developer,” we told you how to get a draft equity participation agreement. Now draw up a real contract with the developer’s manager.

Check the DDU with a third-party lawyer

Even if the draft and the actual DDU do not differ, contact a third-party lawyer and show him the final agreement. A lawyer will check the dangerous points. You are risking several millions, so do not hesitate to double-check every comma and hire an independent lawyer.

What should be in a preschool with a decent developer:

1. Cost of the apartment.
2. Date of completion of the new building.
3. Construction address of the house.
4. Cadastral number of the plot on which the house will be built.
5. Floor and preliminary apartment number.
6. Ceiling height, layout and area of ​​the apartment.
7. Five-year warranty for the apartment, three-year warranty for engineering equipment: pipelines, heating and ventilation systems.
8. Developer liability insurance.
9. Your passport details.
10. Developer details.

In a contract, lawyers always try to provide for errors and minimize losses from them. Often developers include clauses that are obviously unfavorable for the buyer. Their disadvantage is hidden behind official legal language, through which it is difficult for an ordinary person to get through.

All contracts with developers are equally incomprehensible to the average person. So just breathe out, be patient, call a lawyer for help and decipher the contract. We will write a separate article about bad wording that can harm you. But there are three points that need to be looked at especially carefully: the deadline for issuing keys, the procedure for compensating the area, and the developer’s representative who signs the DDU.

We look at the contract for the deadline for handing over the keys.

Some developers indicate in the project declaration the amazingly fast delivery of the house. The advertisement refers to this date. But when it comes to preschool education, it turns out that, even though delivery to the city is in the near future, the keys will only be given out in a year and a half.

The developer undertakes to obtain permission to put the Residential Building into operation in the I (First) quarter of 2017.

The transfer of the Apartment to the Shared Construction Participant is carried out according to the acceptance certificate upon the combined occurrence of two conditions: obtaining permission to put the Residential Building into operation and full payment by the Shared Construction Participant of the contract price. The period for commencement of the transfer begins 30 days after the conditions of the transfer occur.

What does it mean. The developer will hand over the houses to the city and receive permission to open the house by April 1, 2017.

If you have an advance payment or a mortgage, or by this time you have paid off the installment plan, then after 30 days from the date of permission the developer will begin issuing keys. Previously, only after permission to enter and only if you agree with the developer.

We look at the clause on compensation for area in the contract

It happens that builders unwittingly increase or decrease the area of ​​an apartment. This happens less often in standard panels, more often it happens in monolithic and brick houses - they are built every time from scratch. They put a wall a little to the side - the area begins to deviate throughout the entire apartment.

It is not profitable for the developer to pay you additional compensation if the area turns out to be smaller than according to the contract. If the area turns out to be larger than according to the contract, and the developer did not separately take this clause into account in the contract, then according to the law on the protection of consumer rights, you are not obliged to pay the developer extra for the extra meters. Again this is unprofitable for the developer.

Developers don’t like to simply lose money, so their lawyers play it safe in both cases and write complex structures in the contract in order to get your money or not pay compensation. We took the DDU of two large developers and translated the clauses about the area into simple language:

The area of ​​the Premises specified in clause 1.1 of the contract may be changed (clarified) according to the technical inventory data. The specified clarification of the area of ​​the Apartment does not constitute a lack of quality of the Apartment for the parties to the contract. In this case, the parties have no mutual claims, and the contract price is not subject to recalculation. The final (actual) area is indicated by the parties in the acceptance certificate.

If the total area of ​​the Apartment increases by more than 1 sq. m based on the results of measurements by the Technical Inventory Bureau (BTI) or a cadastral engineer who has a valid qualification certificate, compared to what is specified in clause 1.1 of this Agreement, the Participant undertakes to pay the Developer the Contract price based on the estimated price of 1 (one) sq. m. m specified in clause 3.1. of this Agreement, within 10 (ten) working days after sending a written request from the Developer to the Participant.

What does it mean. If during acceptance or during BTI measurements it turns out that the area of ​​the apartment is smaller than specified in the contract, you will not receive compensation.

We look in the contract who signs the DDU on the part of the developer

By law, only the general director can sign agreements with shareholders without a power of attorney. But in practice, there are no developers whose general director signs the DDU. Usually, the commercial director, the head of the sales service or the sales director sign contracts for him by proxy - each developer has his own way.

Fragment from the project

Your task is to look at the DDU who signs the agreement. If this is not the general director, ask the manager to show you the original power of attorney and make a certified copy.

A copy of the power of attorney is reinsurance and proof that your agreement, as lawyers say, is valid. If suddenly something goes wrong, then you will prove that you signed the agreement with a representative of the developer, who had the right to sign such documents.

Ideally, the copy is notarized, but one certified by the seal and signature of the general director will do.

If some points do not suit you, discuss them with the developer, make changes to the contract - this is legal and normal. Remember that not only you want to buy an apartment, but also the developer wants to sell it. Since you have a common goal, it is important to agree on the terms.

Check the DDU with the draft and show it to an independent lawyer. If some points do not suit you, suggest that the developer change the contract - this is legal and normal.

Protection of the shareholder

Pitfalls of an agreement for participation in shared construction

Conclusion of the DDU

Deadline for transferring the property to the shareholder

Checking the DDU

Lawyer Gordon A.E.

Chamber of Lawyers of the Moscow Region

What will DDU pay attention to?

The benefit from the population’s participation in construction is obvious: the developer attracts funds from the population, rather than bank loans, for the construction of an apartment building. Payments by 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 is more affordable for the buyer.

At the same time, in the late 90s, numerous schemes appeared to deceive construction participants or shift the risks of negligent builders onto shareholders. Fraudsters attracted funds from the public supposedly for construction and transferred them through fictitious contracts with shell companies to foreign offshore companies. Then, the developer was declared bankrupt.

What should you pay attention to if you are concluding a contract?

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

Do you need a lawyer to support your purchase under the DDU?
Do you have any questions about the transaction, about the stages of the transaction under the DDU?
Call, write:

The practice of starting the construction of apartment buildings without the initial permitting documentation and collecting money “out of thin air” still persists. Having been accompanying transactions with new buildings for many years, we have studied many contracts. The purpose of the agreement with apartment buyers was often unclear and the interests of the construction participant were poorly protected.

The orgy of the late 90s and early 2000s was driven into the framework of civilization by Law 214-FZ “On participation in shared construction of apartment buildings and other real estate” dated December 22, 2004, which, to a large extent, protected the interests of shareholders and established for developers clear rules for raising funds and spending them, preparing documents, constructing and transferring apartments to equity holders.

Since 2010, in the Moscow region, the construction of multi-storey residential buildings in the overwhelming majority of cases has been carried out under agreements for participation in shared construction (DDU). But even in 2016, when purchasing new buildings, we repeatedly encountered “crooked” DDU agreements (which, in fact, are not DDU at all), and we met apartment sellers who were not developers at all, and founders of developers from offshore companies, etc., etc. P. There is no point in listing everything.

The main thing you should take away from introductory articles on the Internet is The DDU agreement itself is not a guarantee for the shareholder. There may be pitfalls hidden behind the agreement that you are not even aware of. In addition, a new building can be sold under the DDU, or it can be sold under a concession under the DDU (more about the assignment under the DDU). There are also preliminary agreements.

There is always something to pay attention to when concluding a prenuptial agreement. You can say: when concluding a preschool education, your eyes and ears are shoulder-width apart. It is not possible to present all possible situations in articles, and the buyer does not know what he will encounter. By reading the articles, the buyer will not receive systematic legal knowledge. Therefore, having plunged into the topic, contact a DDU lawyer, or a real estate lawyer, for an in-person consultation. The best solution would be to engage a real estate lawyer to provide legal support for the purchase of a new building under the DDU. Why a lawyer? Because this is the only guarantee of higher legal education and experience. You don't need any diplomas to work as a lawyer.

The main work when supporting the purchase of a new building under the contract takes place before the conclusion of the contract, and requires considerable time. Therefore, we always recommend not to waste time and get at least an oral consultation with a lawyer on the DDU.

The essence of DDU

The purpose of the adoption of Law 214-FZ is to protect the shareholder - a participant in shared construction. The shareholder receives protection in relations with the developer in the event of concluding an agreement established by Law 214, this is an agreement for participation in shared construction (DDU). The essence of the agreement, like any agreement, is the rights and obligations of the parties to the agreement, but in no case is the name. Start studying the DDU proposed by the developer from the main part - the subject of the agreement. This part must literally correspond to the wording of the law:

The developer undertakes within the period stipulated by the contract on their own and (or) with the involvement of other persons build (create) an apartment building and (or) other real estate and after receiving permission to put into operation these objects transfer the corresponding shared construction object to the participant in shared construction, and the other party (participant in shared construction) undertakes to pay the price stipulated by the contract and accept the object of the shared construction.

A distinctive feature of the DDU is the agreement between the developer and the participant in shared construction. These contract terms are established by law. From the wording of the subject of the agreement, the goals of participation in the agreement of both parties are clearly visible.

The purpose of the shareholder’s participation in shared construction is receipt from the developer of a completed and commissioned facility (apartment, parking space, etc.).

The main responsibilities of the developer correspond to the goals of the shareholder’s participation: 1) build, 2) put into operation and then 3) transfer the shared construction object to the participant in shared construction (shareholder).

Accordingly, the main responsibilities of the shareholder(there are two of them): 1) Pay the price stipulated by the contract; 2) Accept the shared construction project.

The absence of these obligations of the parties in an agreement on participation in shared construction or a different statement of the subject of the agreement makes it controversial to classify such an agreement as a shared participation agreement, which limits the possibility of protecting the interests of the shareholder using Law 214-FZ. We recommend that you pay attention to the wording of the subject of the agreement and bring them into compliance with Law 214-FZ.

Conclusion of the DDU

The conclusion of the DDU must be made in accordance with the provisions of Law 214-FZ. The protection of the shareholder is ensured by a number of terms of the contract, the absence of which is a serious violation, and the basis for recognizing the contract as not concluded. These conditions are:

• Contract price– the amount of money to be paid by the party to the contract. The law clearly establishes what the shareholder pays money for: 1) as compensation for the costs of construction (creation) of a shared construction project and 2) to pay for the services of the developer. The above wording limits the discretion of the developer to dispose of the funds received from the shareholder.

The price of the contract must be indicated in the text of the contract unambiguously in the form of a fixed amount or method of calculation. In any case, the price clause in the contract must allow the shareholder to unambiguously determine the price to be paid. As a rule, the price in the DDU is indicated per 1 square meter of area of ​​the construction site, for example, an apartment building. At the same time, the DDU agreement must directly indicate and specifically describe the part of the object to be transferred to the shareholder. In apartment buildings these are apartments and non-residential premises. The description must include specific parameters of the share: apartment, section (entrance), floor, number on the site, number of rooms, total area.

Taken together, the price of 1 square meter and the parameters of the shareholder’s share make it possible to establish the price of the DDU agreement.

• The deadline for the transfer of the construction project by the customer to the equity holder. This is the period during which the customer is obliged to transfer the completed construction and commissioned shared construction project to the shareholder.

The deadline for transferring the shared construction project must be specified in the shared construction agreement exactly - by date, or in the form of a time period - for example, the 4th quarter of 2017.

• Penalty: The interests of the shareholder in timely receipt of the constructed facility from the developer are ensured by a legal penalty (established by Article 6 of Law 214-FZ). For each day of delay by the customer in transferring the object to the equity holder, the latter has the right to demand payment of a penalty (penalty) in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of fulfillment of the obligation, of the contract price.

IMPORTANT: If the shareholder is a citizen, then the penalty is collected in double amount.

• Quality of the shared construction project: The developer is obliged to transfer to the shareholder a shared construction project that complies with the terms of the contract, construction standards, design documentation, as well as other mandatory requirements.

If the shareholder identifies a deviation from the terms of the contract regarding quality, which make it unsuitable for the use provided for in the contract, A participant in shared construction, unless otherwise provided by the contract, has the right, at his own discretion, to demand from the developer:

* free elimination of deficiencies within a reasonable time;

* proportionate reduction in the contract price;

* reimbursement of expenses for eliminating deficiencies

If the shareholder, upon transferring the completed construction of the object to him, discovered significant deviations in the quality of the shared construction object (defects, defects, non-compliance with the equipment - instead of plastic windows - wooden, instead of double-glazed windows - single-glazed windows, lack of electrical wiring agreed in the contract, etc.) from the conditions agreement, or the developer’s failure to timely eliminate identified deficiencies, a participant in shared construction has the right to unilaterally refuse to fulfill the contract and demand from the developer the return of funds and payment of interest.

IMPORTANT: Interest in the event of unilateral termination by the shareholder of the shared construction agreement is accrued from the day the participant in shared construction contributes funds or part of the funds towards the price of the agreement until the day they are returned by the developer to the participant in shared construction.

• Guarantee period: A warranty period of at least 5 years is established for a shared construction project from the date of transfer of the object to the shareholder.

The shareholder's demands on the developer regarding the quality of the construction project can be presented within the warranty period.

Additional guarantees for the protection of the shareholder: possibility unilateral extrajudicial termination of the DDU agreement at the initiative of the shareholder, in the following cases:

1) delay by the developer in transferring the shared construction project for a period of more than 2 months, against the period established by the contract;

2) violation by the developer of the conditions regarding the quality of the construction project, which makes it unsuitable for use;

3) a significant violation of the quality requirements for a shared construction project;

4) termination of the guarantee for the developer’s obligations before the expiration of the construction period of the facility.

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

• upon termination or suspension of the construction (creation) of an apartment building, which includes a shared construction project.

On this basis, the requirement to terminate the shared construction agreement will be justified if there are circumstances clearly indicating that the shared construction object will not be transferred to the shared construction participant within the period stipulated by the shared construction agreement;

• in cases of a significant change in the design documentation of an apartment building under construction, which includes a shared construction project, including a significant change in the size of the shared construction project;
• when changing the purpose of common property and (or) non-residential premises included in an apartment building and (or) other real estate.

The interests of the shareholder in the fulfillment by the developer of the obligation to timely construct, put into operation and transfer the construction project, as the weaker party to the contract, according to Law 214-FZ, are ensured by the methods provided for by the Civil Code of the Russian Federation:

1) Collateral, 2) Bank guarantee, 3) Civil liability insurance.

By virtue of the law, from the moment the DDU agreement is concluded, the land plot on which the construction of an apartment building is to be carried out, as well as the apartment building itself, which is not completed, is considered to be pledged to the shareholder.

In view of the mandatory state registration of the DDU agreement in the Unified State Register of Rights, when state registration of the agreement is carried out, state registration of the pledge of the land plot at the construction site simultaneously occurs.

In the event of a stop in construction and/or state registration of the developer's ownership of an unfinished construction object, such an unfinished construction object becomes pledged to the shareholders.

A completed object that has been put into operation is considered to be pledged to the shareholders until it is transferred by the developer to the shareholder under a transfer deed.

The pledge ensures that the developer fulfills the obligation: 1) to return the funds contributed by the participant in shared construction, 2) to pay the participant in shared construction the funds due to him in compensation for losses and (or) as a penalty (fine, penalties) due to non-fulfillment or delay in execution or other improper fulfillment of the obligation to transfer a shared construction project.

BANK GUARANTEE and INSURANCE

At the developer's choice, along with the pledge, secures the developer’s obligations to transfer residential premises to a participant in shared construction under all contracts concluded for the construction (creation) of an apartment building on the basis of one construction permit, a bank guarantee or civil liability insurance.

Checking the DDU

The concept of checking the DDU has two meanings: 1) the main thing is verification activities before concluding the DDU agreement, 2) checking the DDU itself.

WHAT DO WE CHECK BEFORE CONCLUSING A DDU AGREEMENT

The shareholder's guarantees listed above under the DDU agreement can be realized if the agreement for participation in construction in form and content complies with the requirements of Law 214-FZ, that is, it really is a DDU agreement. Studying the text of the DDU agreement and comparing it with Law 214-FZ is a conscious need.

At the same time, the developer himself and the construction itself must comply with the requirements of Law 214-FZ. It should be clear that the main obligation of the shareholder under the DDU agreement is to pay the contract price (the cost of the apartment), and if you are not careful enough, this money can be lost. The shareholder can be provided with an agreement, he signs it, pays the money, and... that's it. There is no construction.

The DDU agreement itself, even if there are guarantees established by law, does not relieve the shareholder from the need to be careful and take the necessary actions when concluding the agreement. The shareholder should know: in the event of violations on the part of the developer, termination of the contract and return of funds takes considerable time and money 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 advisable to conduct a preliminary inspection in preparation for the transaction to conclude a DDU agreement.

Inspection activities before concluding a DDU agreement.

We are checking:

• Draft DDU agreement for compliance with the requirements of Law 214-FZ.
• The developer, as a legal entity and as a construction organization, for existence, compliance of the data declared by the developer himself with accounting registration data, annual reporting, reputation, etc. We check information about the founders and the head of the developer.
• We establish ways to ensure obligations under the DDU agreement.
• We establish the characteristics of the guarantor bank or insurance company.
• We establish information about the land plot on which the construction of the facility is proposed under the DDU agreement, and its compliance with the requirements of Law 214-FZ.
• We establish information about the availability of a project declaration for the construction site.
• We check the compliance of the information with the project declaration and the construction permit.
• We check information about registered DDU agreements for participation in shared construction of the DDU facility and compare it with the construction permit and project declaration.
• We establish the existence of litigation involving the developer and contractors. Their nature and significance for the construction and conclusion of the DDU agreement.
• We establish the existence of legal schemes for organizing construction and attracting money from equity holders.
• We assess the prospects for timely completion of construction and transfer of the construction project to the equity holder.

Pitfalls when concluding a pre-employment contract

CHECKING A REAL OBJECT IN NEW MOSCOW SEPTEMBER 2016

What to pay attention to

Legal support for the purchase and sale transaction of an apartment in a new building under a DDU agreement was NOT required by the clients, since New Moscow is a business class residential complex. The documents are transparent, the facility has a high degree of readiness - the complex is ready for completion in six months. The sale of apartments has been going on for a long time (more than a year and a half), there are no publications about scandals regarding this object, the delivery was postponed, but only once.

We were asked to attend the transaction and look at the construction documents for obvious flaws and the shared construction agreement.

It all started with a “trifle”: they could not provide us with a representative’s power of attorney to sign the agreement and the agreement on the basis of which he acted. There were none of them at all, neither originals nor copies. But the question was different, for some reason it was not the developer who sold the apartments, but an individual entrepreneur under an agency agreement.

We did not receive any intelligible explanations from the managers, and the buyer entrusted us with legal support of the apartment purchase and sale transaction.

We began a standard check before signing the agreement, according to the scheme described above.

The provided complete package of documents confirmed the legality of construction. There was a construction permit, project declaration and other documents available.

The date of issue of the construction permit confirmed the timeliness of its receipt and the legality of the start of raising funds from shareholders.

The land plots have been owned by the developer since 2009, which also inspired optimism. The same as the characteristics of the land: land category and permitted use.

By this time, the concept of the transaction on the part of the developer (seller) had changed: Instead of concluding a DDU, they offered to buy under an agreement of assignment of rights under the DDU from one of the shareholders.

A new legal entity appeared - a shareholder, which sold its rights under the previously concluded DDU agreement. In general, a working option, but more checks are added. The buyer gave the go-ahead, we move on with the inspection.

The DDU agreement raised questions: at first glance, the agreement complies with the law, but there are 15 apartments in the agreement. The shareholder cedes the rights under one of them to our buyer.

There is no violation of the law in this, but there are grounds for “overlays” during registration, because One assignment agreement per apartment will undergo state registration.

• We are checking the shareholder - a Russian organization, but one founder with 100% shares is offshore - the British Virgin Islands. The same is not scary.
• We check the existing DDU agreement - And here’s the news: there is no information in the register of rights (USRE) about this agreement. At the same time, there is a state registration number on the contract itself. Most likely there was an error with the information in the registry, they forgot to add it to the database, it happens, it’s not a big deal, but you definitely need to double-check. So, when registering a concession, the sale of one apartment may double.
• We establish the number of concluded DDU agreements for the entire facility - News: there are only about 180 units, and according to the client and the developer’s manager, more than 1,000 apartments were sold at retail, that is, there should be the same number of DDU agreements. Considering that “our DDU agreement” contains 15 apartments, the number sold at retail is small, for 1.5 years of implementation and the imminent completion of construction.
• Checking for any legal disputes – News: our shareholder-seller is actively suing. In 2015-2016, the shareholder participated in 20 trials. Everywhere the shareholder is the defendant; monetary claims were made against him in the amount of 1 to 70 million rubles. for non-payment for supplied building materials or completed construction work.

More news: According to one of the court decisions, foreclosure was applied to the pledge. And here's the news! The collateral is our DDU agreement! We've arrived!

The court filed the foreclosure at the end of August 2016, that is, several weeks ago.

Collection is carried out by court decision through sale at auction.

The question is that all the rights of the shareholder under the DDU agreement for all 15 apartments turned out to be pledged. The foreclosure was applied only to a part, namely the apartment chosen by the buyer.

In addition, when discussing the situation with the client, it turned out that he expected to move into the apartment at the end of the first quarter of next 2017. However, in our opinion, the facility will be completed no earlier than the second quarter, and will be put into operation no earlier than the third quarter of 2017.

This was confirmed by the information in the project declaration and the extension of the construction permit until the 2nd quarter of 2019.

This is what we notified the client about.

After much deliberation, the client decided to buy an apartment from this developer. We recommended considering another DDU agreement, which was not the subject of a pledge and was not involved in legal disputes.

The analyzed specific situation showed: when concluding a pre-term agreement, you should pay attention to everything:

1. for construction documents (land, building permit, design documentation, etc.)
2. for developer documents
3. for the seller’s documents (if you are buying an apartment by assignment of rights), first of all compare the original DDU, its execution by the shareholder, and the assignment agreement
4. to the text of the terms of the Agreement for Participation in Shared Construction

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

• Involvement of shareholders to participate in construction under a DDU agreement is carried out by the developer after receiving and registering ownership of the land or its lease.
• The developer is obliged to publish information about the future construction project (project declaration) in the media and on the Internet 14 days in advance.
• The shared construction agreement (DDU) is subject to mandatory state registration. Information about the DDU agreement is entered into the Unified State Register of Rights to Real Estate and Transactions with It (USRP). State registration guarantees that there will be no double sales of housing.
• If the developer delays or delays the transfer of the property to the shareholder, the developer pays fines and penalties specified in the agreement.
• If construction defects are discovered during acceptance of an apartment in a new building, the developer is obliged, at the request of the shareholder:

- eliminate defects free of charge on your own

- reduce the cost of the apartment by the amount necessary to eliminate the shortcomings.

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

As shown above, these are the risks of pledges of rights under the DDU agreement, bankruptcy of the developer, and others.

Do you need a lawyer to support a transaction?
Do you have any questions about the transaction or the stages of a real estate transaction?
Call, write:

As of September 2016

DDU, or equity participation agreement, is an agreement between the shareholder and the developer. According to it, you, together with other buyers, invest money in shares in the construction of a multi-storey building, and the developer, after completion of construction, must transfer to you a specific apartment in this building.

What guarantees does DDU provide?

1. Protection against double sales.
After signing, the DDU is registered in Rosreestr. This means that the state has recorded your right to receive a specific apartment after payment. Consequently, it will not be able to be sold again to another buyer.

2. The right to receive a penalty for late transfer of the apartment.
If the developer did not transfer the apartment to you within the period specified in the DDU, you can demand a penalty for each day of waiting.

3. Right to terminate the contract.
If the developer does not fulfill his obligations or performs them poorly, you can terminate the contract without any penalties, get your money back, as well as penalties and compensation.

4. Transparent documentation.
According to the law on participation in shared construction, the developer is obliged to publish a project declaration for the house under construction in the media and on the Internet, as well as provide documentation about himself to any person who applies.

What is the difference between a DDU agreement and a housing cooperative agreement?

1. The agreement with the housing cooperative, unlike the DDU, does not need to be registered. On the one hand, this means that you do not need to collect a package of documents, agree with the developer on the registration date, go to Rosreestr or the MFC, or waste time waiting for registration. On the other hand, without state registration there is a risk of double sales of your apartment.

2. Under an agreement with a housing cooperative, the price of an apartment is usually lower than under the DDU. However, the housing cooperative scheme allows for various additional fees to be collected from members of the cooperative. As a result, the price may be even higher than what you would pay under the DDU.

What should be in preschool education?

Required items:

1. Definition of the construction site.
2. Characteristics of an apartment or other real estate in accordance with the project documentation - house address, apartment number, area, layout, etc.
3. Deadline for transfer of premises.
4. Cost of the contract, terms and procedure for its payment.
5. Warranty period of the construction project.
6. The way in which the developer will ensure his obligations under the DDU is a pledge on the object under construction and the land plot, as well as either a bank guarantee or liability insurance for the developer.

Who should insure DDU?

Developer. According to the law on participation in shared construction (No. 214-FZ), it is he who insures his obligation to transfer the apartment to the shareholder. If a construction company demands money from you for insurance, it is violating the law - the developer can only spend the funds of shareholders on building a house.

Where is preschool education registered?

DDU is registered in Rosreestr (the service of state registration, cadastre and cartography, also known as the Registration Chamber) or through the MFC.

How to register a DDU?

Step 1

First of all, the equity holder needs to collect a set of documents established by 214-FZ:

1. DDU with all its annexes. You will need three original copies: one for the developer, the second for Rosreestr, and the third for the shareholder himself. The number of copies depends on the number of participants in shared construction.
2. Application from the developer and shareholder for state registration of the DDU. Usually it is filled out at the Rosreestr authority or at the MFC.
3. Identification documents of the applicant. Individuals have the right to apply for registration either personally or through a representative who acts on the basis of a power of attorney certified by a notary. Legal representatives of children under 14 years of age present a birth certificate of the child. Representatives of incapacitated persons – a document appointing them as guardians.
4. Notarized consent of the spouse for the transaction to be completed by the other spouse. If both spouses participate in shared construction under one DDU, notarial consent is not required.
5. Agreement on pledge of the right of claim (in the case where the shareholder is provided with credit/borrowed funds) – for simultaneous registration of the encumbrance of the right.
6. Documents describing the shared construction project (apartment), drawn up by the developer and agreed upon with the participant in shared construction. The description must indicate the location of the apartment on the plan of the apartment building being created and its planned area.

Step 2

Pay the state fee for registration actions.

The state duty for an individual is 350 rubles. Since the state duty is paid in equal parts by each party to the transaction, an individual needs to pay 1/2 of 350 rubles, that is, 175 rubles.

It is not required to provide a document confirming payment of the state duty, but the applicant has the right to attach it to the package of documents on his own initiative.

If there is no information about payment of the state duty, documents will not be accepted for consideration.

Step 3

Submit a set of documents for registration along with an application from the parties (developer and shareholder). This can be done in person at the regional office of Rosreestr at the location of the apartment building under construction or at the MFC office in electronic form. You can also send documents and an application by mail.

When submitting documents in person, the presence of both the shareholder and a representative of the developer is required.

After submitting the documents, you must receive a receipt indicating that they have been accepted for state registration. The receipt must contain:

1. date of submission of documents;
2. list of submitted documents;
3. Full name of the specialist who accepted the documents, his signature and telephone number;
4. The name of the specialist from whom, during the registration period, you can find out at what stage the review of documents is and how much time is left until its completion.

Step 4

Receive documents after registration. The period for registration of a shared construction company with the first participant in shared construction takes no more than 10 days, with subsequent participants - no more than 5 days.

To obtain documents you will need:

1. identification document or power of attorney to represent the applicant’s interests.
2. receipt for receipt of documents.

State registration of the agreement is certified by a special registration record on it.

How to check the registration of a preschool educational institution?

1. Request from the developer a copy of the DDU with a registration stamp.
2. If the DDU has not yet been registered, then a receipt from Rosreestr confirming the acceptance of your registration agreement.
3. Order an extract from the Unified State Register on the Rosreestr website (the order is made online, is completed within 5 working days and costs from 150 rubles, depending on the number of extracts you need).
4. Order an extract from the Unified State Register from Rosreestr or the MFC (you will need a passport, an application for an extract (form), a receipt for payment of the state duty).

In cases 3 and 4, you will receive information about all shareholders who are registered on the specific land plot where the house is being built. Find your details in this list.

When is the down payment due for shared construction?

The first payment under the DDU is made strictly after the state registration of the agreement.The developer’s requirement to pay funds before registration is a gross violation of 214-FZ!

How to terminate a temporary contract and return the money?

There are four ways to terminate a DDU:

1. at the initiative of a participant in shared construction;
2. at the initiative of the developer;
3. judicially;
4. by agreement of the parties.

In all these cases, the developer is obliged to return your money.

If the DDU is terminated unilaterally (by both the shareholder and the developer), the DDU is considered terminated from the day the notice of termination is sent.
Termination of the DDU must be registered with Rosreestr.

How to terminate a PDU by agreement of the parties?

Usually, when terminating a DDU by agreement of the parties, no problems arise - the developer and the shareholder agree on all the conditions for the return of money and terminate the contract. But sometimes the developer includes clauses in the termination agreement that are not beneficial for the shareholder. For example, that he will return the money only after he signs a contract of agreement for the same apartment with another shareholder. You should not agree to it, since the developer may not renew the agreement.

Another point that you should not agree to is a very long (up to a year) refund period. If you sign such an agreement, you will not be able to go to court with a claim to recover funds until the specified time expires.

If, after termination of the contractual agreement by agreement of the parties, the developer does not return the money within the period established in the agreement, you can go to court.

How to terminate a DDU unilaterally by a shareholder?

If the shareholder decides to terminate the DDU for some reason, he should:

1. The letter should include a calculation of the interest for the entire period of use of the money (1/300 (for entrepreneurs and legal entities) or 1/150 (for individuals) of the refinancing rate for each day of use) and the details to which the funds need to be transferred.
2. If the developer still does not return the money, you need to obtain a writ of execution from the court and hand it over to the bailiffs. A writ of execution can be presented within 3 years from the date of entry of the court decision.

How can the developer terminate the contract unilaterally?

If the shareholder is overdue for payment by more than two months or has violated payment deadlines more than three times, the developer may terminate the DDU unilaterally. To do this he:

1. Sends a warning to the shareholder that the debt must be repaid, otherwise the LDU will be terminated.
2. If payments are not received within 30 days, the shareholder sends a notice of refusal to fulfill the contract - by registered mail with a list of the attachments.
3. Within 10 days from the date of termination, returns the money that the shareholder paid towards the DDU.
4. If the shareholder does not apply for money within these 10 days, the next day the developer credits the money to the deposit of the notary at his location.
5. Notifies the shareholder about the transfer of money to the notary's deposit.
6. If the developer does not transfer the money within the specified time frame, he is obliged to pay the shareholder interest on this amount in the amount of 1/300 (for entrepreneurs and legal entities) or 1/150 (for individuals) of the refinancing rate. Interest is charged for each day of delay.
7. If the developer does not transfer the money, the shareholder can go to court.

How to terminate a temporary residence permit through court?

The DDU is terminated in court if:

1. construction of the house has been stopped/suspended and it is obvious that the developer will not deliver the apartment on time;
2. the developer made significant changes to the project (for example, reduced the area of ​​the apartment);
3. the developer changed the purpose of non-residential premises in the apartment;
4. in other cases provided for by the DDU.

In any of these 4 cases, the shareholder can apply to the court at the location of the developer with a statement of claim for termination of the DDU and the return of money, interest and compensation.

The application must be accompanied by:

• a copy of the DDU;
• evidence confirming the occurrence of any of the 4 cases (for example,
• documents that confirm the termination of construction, significant changes to the design documentation, etc.);
• calculation of the total amount required from the developer;
• copies of all the above documents for the court, according to the number of participants
• judicial trial;
• receipt of payment of state duty;
• a notarized copy of the representative’s power of attorney (if your interests are represented in court by another person);
• other documents that can confirm the circumstances of the case.

If the court makes a decision in favor of the shareholder, the developer is obliged to return the amount established by the court within 10 days from the moment the judicial act came into force.

It is not profitable for the developer to bring the case to court. If the court makes a decision in favor of the shareholder, then the construction company is charged with the money contributed under the DDU, interest for using it, compensation for moral damage, damages associated with legal expenses, and a fine for the fact that the developer did not satisfy the legal demands of the shareholder on a voluntary basis.

How to unilaterally terminate a DDU with a mortgage?

1. Offer the developer to terminate the contract by mutual consent.
2. If the developer does not agree, then draw up a notice of termination of the contract.
3. Send it to the developer by mail, by registered mail with a list of the attachments.
4. The letter should include a calculation of interest for the entire period of use of the money (1/150 of the refinancing rate for each day of use) and the details to which the funds should be transferred.
5. The developer must transfer the money within 20 days.
6. If you have not received the money after 20 days, you can go to court.
7. To do this, you need to file a claim against the developer (with demands to return the money, interest and compensation).
8. File a claim in court at the location of the developer.
9. If the court rules in your favor, the developer must return the money within 10 days from the entry into force of the court decision.
10. If the developer still does not return the money, you need to obtain a writ of execution from the court and hand it over to the bailiffs. A writ of execution can be presented within 3 years from the date the court decision enters into force.
11. What happens with your mortgage depends on what is stated in the mortgage agreement. For example, if it stipulates that after termination of the LDU the loan must be repaid ahead of schedule, the money received from the developer must be returned to the bank in order to fully repay the mortgage.
12. Termination of the DDU must be registered with Rosreestr. An application for registration of termination is submitted along with a photocopy of the written notice. There is no state fee for this.

How to calculate the penalty for DDU?

You can demand a penalty from the developer if:

• the developer missed the deadline for handing over the apartment,
• you are terminating the DDU,
• the developer does not correct the defects in the apartment in a timely manner.

1. Amount of penalty

If the shareholder is a legal entity or entrepreneur, then the daily penalty is equal to 1/300 of the Central Bank refinancing rate (as of August 2016 - 10.5%).
If the shareholder is an individual, the daily penalty is equal to 1/150 of the refinancing rate.

2. Moment of accrual of the penalty

The penalty, which the developer pays upon termination of the contract by the shareholder, is accrued from the moment you deposited the money (all or part).

The penalty for late transfer of the apartment is accrued from the next day after the transfer date specified in the DDU.

The penalty for the fact that the developer did not eliminate the defects on time is accrued after the period for elimination agreed upon by the developer and the shareholder has expired.

How to register property under DDU

Before you can register the apartment that you purchased under the DDU as your property, the developer must:

• obtain permission to put the house into operation,
• register the house with the cadastral register,
• take measurements at home.

Make sure that the developer has completed all these steps.

To register you will need:

1. Identity document
2. apartment acceptance certificate,
3. receipt of payment of state duty (200 rubles),
4. mortgage or loan agreement (when buying an apartment with a mortgage),
5. a power of attorney certified by a notary (if the registration procedure is performed by a trusted person or only one of the future owners).

You need to contact the Rosreestr or MFC with a package of these documents. There you will be given a receipt indicating the date when to come for the registration certificate (the waiting period is about a month).

How to sell an apartment under DDU?

You can sell an apartment that you bought under the DDU, before receiving it from the developer, only through the assignment of rights of claim. This will not be a real estate transaction - after all, the apartment is not ready yet. You can sell (assign) only the right to demand it from the developer after the transfer period, which is specified in the DDU.

A few terms. The seller under an assignment agreement is legally called an assignor, the buyer is an assignee, and the agreement itself is an assignment.

The buyer who takes the apartment under the assignment agreement receives the rights and obligations under the DDU. That is, for example, if the housing is not paid in full, it is he who will pay the remaining debt to the developer. In this case, in order to conclude an assignment, the developer’s written consent to the assignment is required. Often a construction company charges a certain amount for its consent - from 1 to 5% of the price of the DDU.

If the assignor paid the developer the full cost of the future apartment, then the construction company’s consent to the assignment is not required. You just need to notify him about the assignment, but notify him in such a way that you have evidence that you sent the notification and the developer received it.

The assignment agreement is concluded in writing. According to it, the assignor must transfer to the buyer all documents under the DDU - the agreement itself, appendices to it, additional agreements, documents that confirm the facts of payment. This transfer is formalized by an additional act signed by both parties. The text of the assignment itself must indicate the number of the DDU and the date of its signing.

Since the DDU is registered in Rosreestr, the assignment agreement also needs to be registered. And it is considered concluded only after registration.

The assignment is taxed at 13% for Russian citizens and 30% for citizens of other countries.

How profitable is shared construction?

An apartment purchased during the construction stage of a house costs on average 30 percent less than in a finished new building or on the secondary market. Although recently this difference in price has become smaller - due to the economic situation, ready-made apartments have become somewhat cheaper.

Shared construction is cheaper than buying ready-made housing for several reasons.
Firstly, the developer actually takes an interest-free loan from equity holders to build a house - that is, he will not have to return the money with interest.

Secondly, the shareholder pays for an apartment that does not yet exist - he will have to wait several years before he can move into the new building. And the developer needs money now. And in order to attract the necessary finances, he offers a lower price.

Thirdly, until the house is built, there is a risk that for some reason the developer will not build it or will build it later than the specified period. For this, the company also reduces the price - for the buyer who would prefer to take a risk but pay less.

Who controls shared construction?

As a rule, shared construction is controlled by the relevant government bodies. In Moscow, this is Moskomstroyinvest (Moscow City Committee to ensure the implementation of investment projects in construction and control in the field of shared construction). In the Moscow region - the Ministry of Construction Complex of the Moscow Region.

The government agency monitors compliance with Law No. 214 and considers complaints related to its violation, takes measures and protects the rights of participants in shared construction. He also checks the use of funds that the developer receives from equity holders, the quarterly reporting of construction companies, and so on.