Buying a new apartment is a serious and responsible step. Before you buy a home in a house under construction, you need to weigh everything well and think it over. The sale of a dwelling presupposes the conclusion of a DDU (214-FZ). What to look for when signing this document? This will be discussed in our article.

The first lines of the contract

Before committing yourself to a specific construction company, you should carefully study the DDU (214-FZ). What to pay attention to from the very beginning? First of all, it is necessary to establish who is registered in the document as a developer. The text must contain the full name. construction company. More detailed information will not hurt either - the date and place of registration of the developer, the data of the certificate of entering the enterprise into the Unified State Register of Legal Entities, etc.

The contract must be concluded on behalf of the developer specified in the building permit and the lease or sale agreement land plot for the construction of the facility. In this case, the general director may act on behalf of the enterprise. It is his signature that should be on the document. If the contract is signed by another manager, then unforeseen difficulties may arise during litigation. Another employee has the opportunity to represent the interests of the company only by proxy, and it must be attached to the DDU.

What will the conversation be about?

The subject matter of the contract must be specified quite clearly, without the possibility of discrepancies. Equity participation in the construction of a residential building involves the receipt of a specific property within a predetermined period. This is what needs to be documented. Any other questions - participation in investment activity, co-financing of construction, cession of premises after the facility is put into operation - have nothing to do with the subject of the DDU. Law 214-FZ directly indicates this. Moreover, it does not matter whether the title of the document says “contract for participation in shared construction” or not.

Detailed description is the key to success

Participation in prescribes that the DDU must contain all possible characteristics of the object. It must contain the building address of the land plot, the proposed number of the apartment, the floor on which it is located. In addition, a clause on financial guarantees provided by the developer to its customers is mandatory.

The document must also contain a warranty period for the property and its engineering services. As a rule, the warranty period for residential premises lasts for 5 years, for its equipment - 3 years. The developer cannot legally reduce the period of responsibility for the transferred object.

Question about the cost of the apartment

Treaty equity participation must contain the exact technical description future housing. It should indicate the area of ​​​​the apartment, the size of the balcony, loggia or terrace, taking into account the reduction factor. Construction companies traditionally try to include in the DDU a clause stating that if, according to the results of BTI measurements, the area of ​​\u200b\u200bthe residential premises turns out to be less than that specified in the contract, then the shareholder is obliged to pay extra for the additional area or the developer will return part of the money for unfinished square meters. Sometimes the document states that, regardless of the final result, no one owes anything to anyone.

Experienced lawyers remind that Law 214-FZ does not prohibit the inclusion of a price revision clause in the contract. However, in accordance with the law on the right of the consumer, the buyer has the right to demand money from the developer for the missing area, while the construction company cannot receive anything for extra square meters. V judicial practice this question viewed differently.

Detailed "portrait" of the apartment

Concluding the buyer is better to pay Special attention on the details. For example, the developer must include a detailed technical description of the property in the DDU. The document details all the attributes - window blocks, entrance and interior doors, floor screed, wall and ceiling decoration, etc. If the living space is transferred from fine finish, then everything should be indicated in the contract, even the class of wallpaper on the walls. In 214-FZ, participation in shared construction is not directly stated about this, however, you cannot present verbal obligations of the developer in court. Therefore, be vigilant and demand that the DDU contains a complete technical description of the apartment.

Sometimes a construction company seeks to make a clause in the contract about the right to make changes to the project declaration, layout and engineering characteristics of the object without agreement with the shareholder. However, from the point of view of the law, this is unacceptable: the buyer must receive complete information about the purchased product.

When to expect fulfillment of obligations?

The deadlines for the fulfillment of all declared obligations in the DDU (214-FZ) should be clearly stated. What to look for when studying this section of the contract? First of all, it must indicate the validity of the document itself. Moreover, it should follow from the wording that it is valid until the parties fulfill all obligations.

In addition, the date of transfer of the apartment to the customer must be indicated in the DDU. The construction company often stipulates not a specific date, but a quarter in which it plans to transfer the keys to the dwelling to the shareholder. This is not considered a violation of the law, but gives the client some inconvenience. The fact is that the protection of his interests in case of violation of the deadlines is clearly spelled out in 214-FZ. Summary of the legislative act includes a very important point - the customer can terminate the contract only two months after the expiration of the date of transfer of the object specified in it. This means that the consumer will have to wait for the end of the quarter, and then another 2 months to present their claims to the developer.

Moreover, the construction company is actively looking for an opportunity to circumvent 214-FZ. The penalty for failure to meet deadlines can be a heavy burden on the shoulders of the developer, so he is always trying to secure himself. For example, it includes a condition in the contract according to which it is liable only in case of its own fault or unreasonably expands the list of force majeure circumstances. Therefore, be careful! Traditionally, force majeure involves terrorist attacks, hostilities or natural disasters. Amendments to legislation, adverse weather conditions and inaction of counterparties do not apply to it.

Quality is another pitfall of DDU

214-FZ on participation in shared construction prescribes that if there are any defects in the apartment, the company is obliged to eliminate them or pay appropriate compensation to customers.

Some developers are trying to foresee possible misunderstandings and include in the DDU a clause stating that the commissioning permit is equivalent to confirming the compliance of the object with the project documentation. Thus, the developer is trying to minimize his responsibility for the poor quality of housing. This paragraph still does not exclude the possibility of a claim from the owner, but it may cause problems during the trial.

How to save your money?

The monetary side of the transaction is the most important point of the DDU (214-FZ). What to pay attention to in this matter? First, the contract must clearly state the value of the property. It is better if it is indicated in rubles. Unfortunately, the price per square meter is often determined in arbitrary units, and without fixing a specific rate in the document. This significantly worsens the terms of the contract.

Secondly, the DDU (a sample can be found in any law office, we give one below) should stipulate in what terms and at what expense the payment will be made. It could be your own savings or mortgage loan, For example. And you should carefully study the moment according to which the obligations of the customer under the contract will be considered fulfilled. Developers insist that this happens after the funds are credited to the account of the construction company. As a result, the investor is taking a big risk. After all, the transfer of money through the bank takes place within a few days, and all this time the buyer is in limbo. The solution to this problem is quite simple - it is necessary to include a clause in the equity participation agreement that obligations to developers are considered fulfilled at the time of depositing funds to the bank.

Who bears the associated costs?

It is important to clarify the question of which party will pay the costs of registering a property with the Rosreestr Office. In addition, you should decide from what point the buyer must pay utility bills.

Often, developers try to include in the DDU a clause according to which the customer pays the bills for water and electricity from the moment the residential building is put into operation. However, the transfer of the apartment under the act can take place only after a few months. It turns out that, not yet settled in new apartment, the owner will have to pay for the "communal". There is nothing fair in this, so we urge you to carefully study this clause of the contract.

How to terminate DDU?

Equity participation involves not only the conclusion of an agreement, but also a possible waiver of obligations to the developer. If this happens at the initiative of the customer, then he must pay a penalty. When signing the contract, you should pay attention to its size. Usually it varies within 1-15 percent of the value of the property. Strict penalties for participants in shared construction in this case are not specified in 214-FZ. The brief content of the legislative act suggests that this issue is left to the discretion of the parties. Be aware of possible financial losses when terminating the contract and pay attention to the amount of the penalty - this will help you save money.

In conclusion, I would like to note that it is not at all necessary for the equity holder to insist that all clauses of the contract be detailed. During the trial, consumer protection law will be taken into account, which fully protects the interests of individuals.

Buying an apartment in a new building always involves some risks. Last years the legislator has introduced several rules that should protect future owners of residential premises from various problems. One of the key measures is the registration of agreements between the developer and the buyer through the DDU (agreement of equity participation in construction). This type of relationship design has both advantages and disadvantages. possible cons- let's understand in more detail.

Definition

What is DDU? A share agreement in construction is a document that must be concluded by a developer and an individual who wants to purchase an apartment during the construction phase. DDU is concluded only before the commissioning of a new building. A share agreement is a document regulated by law. If the developer plans to work in the legal field, he is obliged to conclude such an agreement with each person from whom he raises money for the construction of a residential building.

Federal Law No. 214

The equity participation agreement in 2019 is regulated by federal law. Federal Law No. 214 “On Participation in Equity Construction apartment buildings» contains several articles that reveal legal niceties such documents.

Pros and cons

Equity agreements, especially after the changes made in 2019, carry a lot of both pluses and minuses. Let's study them more closely. Let's start with the pros:

• The buyer, the future shareholder, has no doubt that he is buying a real object. By law, the future investor, as part of the conclusion of an equity participation agreement in 2019, is required to provide data on the project declaration and its changes, as well as all permits, including for construction apartment building and the ownership or lease of the land on which construction is being carried out
• If the developer plans to sell apartments under equity participation agreements, then he is obliged to fully inform future shareholders about his activities through the official website. This site should open on any standard modern browser and contain both old versions of the project declaration and the most current version at the time of viewing.
• The equity holder is not worried about the problems of builders, since the price of the contract cannot grow. Therefore, sharp inflation or simply the desire of the director will not be able to cause a price increase. You bought the right for a million - you don't have to pay more
• The requirements for a shareholding agreement are quite strict. So, according to this scheme, the developer will be able to change the project declaration only in agreement with the equity holders - this is also prescribed in the equity agreement. This means that the house in which you bought an apartment will not suddenly increase by several floors, and will not appear in the form of an extension. shopping center or industrial premises
• Transparent implementation schemes are prescribed directly in the equity agreement - this allows you not to waste time studying the law to present evidence in court - you can refer directly to the equity agreement.
• There is an obligation to pay a penalty, its size is indicated both in the civil code and in the Federal Law-214 itself, and, accordingly, in the equity agreement.

There are also many disadvantages, and some of them come from the pluses-obligations imposed on builders. So, these are the following disadvantages:

• Since the price of the contract is fixed, the developer has more risks of going into bankruptcy. (more on what to do if). The equity agreement does not allow changing the price of the right to claim the apartment, so the developer has to pledge possible risks at the current price. Dumping does not come out because competitive market. Therefore, for example, such an ordinary situation as an increase in the price of bricks or concrete can lead to bankruptcy.
• The cost of an apartment is usually higher if you purchase it under a share agreement. Including because of the obligation to be dumped into compensation fund shared construction. So, the participants of the housing cooperative are deprived of this obligation, therefore they can offer more profitable prices at the start.
• A share agreement is required for. This means that the process of buying an apartment will be quite long.
• The grounds for terminating the contract at the initiative of the developer or by are laid down in the DDU itself and in the federal law. So it’s impossible to terminate the equity agreement concluded in 2019 just like that - the right reasons. And you can’t just refuse to fulfill it, read, from paying the cost of the contract.
• It is rather difficult to get a long-term installment from the developer - developers reluctantly give the opportunity to pay for apartments under the DDU for more than six months. So you have to take out a mortgage. And for this, the new building must be accredited by the bank where you plan to get a mortgage loan.

double sales

A significant advantage in the mechanism of shared construction under 214-FZ is the registration of an equity participation agreement in the management of Rosreestr in your region. The fact is that this registration, among other things, means checking against the database of all registered objects in this apartment building and excludes re-registration of the right to claim. Translating into human language, this eliminates fraud with the sale of one apartment to several people.

The fact is that in fact you do not immediately get the result of performing your duties. The process of interaction with the developer looks like this:

• You clarify what is DDU in the understanding of the selected developer, are there any pitfalls in the object
• You enter into a share agreement
• You pay the amount under the contract on your own or with the help of a mortgage loan
• Waiting for the house to be sold

This is where pitfalls creep in. After all, in fact, you gave money for something that is not yet in nature. And while the legislator did not introduce the registration of contracts in state bodies, developers used a loophole and sold the same apartment to different people. Yes, this is a scam, but such schemes are still being considered in court.

The equity participation agreement of the 2019 sample requires the persons entering into it to fully describe the distinctive features of the apartment, including the number of floors, the location of this apartment in the plan and the project declaration, as well as its number. Double sales are virtually excluded.

forfeit

Previously, contracts for the sale of apartments in new buildings did not provide for a clear algorithm for issuing a penalty upon termination of the contract. In the case of using a shareholding agreement, the problem is solved. The law clearly spells out the responsibility for DDU and the scheme for calculating the penalty. So, it is possible in case:

• The term for the delivery of a new building or the transfer of keys to a shareholder has been violated by more than two months from the date specified in the equity participation agreement
• There are significant shortcomings in the built house - for example, cracks in the wall
• The developer gives you an apartment of a smaller area than it is written in the contract

All these points are also grounds for termination of the contract. That is, you can demand from the developer both the entire amount of the contract plus a penalty, or just a penalty and your apartment. Calculating the amount of the penalty for delay is quite simple:

• We need the date of delivery of the house specified in the remote control agreement - we count the number of days that have passed from it
• Learn key rate The Central Bank of the Russian Federation on the official website of the department is 8.5%
• Then we calculate according to the formula: 1/150 X 8.5% X number of days X cost of the apartment

For example, for a day of delay with a contract value of 1 million rubles, the developer will have to pay you a little less than 600 rubles.

Obligations of the developer under the DDU

We will not dwell on the full structure of the developer's obligations to all participants in shared construction. Let's focus on what is specifically interesting to the shareholder.

• Within the framework of the equity participation agreement, the developer is obliged to submit a project declaration to the State Construction Supervision Department. This happens when registering the first contract - so if you become the first person to purchase an apartment in this new building, although this situation is rare, you will have to control this process.
• Before concluding the contract, the developer is obliged to provide you with all the information and documents on the new building at your request. This means that the developer has the opportunity to silence some information if you do not voice the question yourself. What exactly you need to ask the developer, consider below
• If you have entered into an equity agreement, then you have the right to control the spending of your funds - the developer is obliged to spend them only on the construction of an apartment building, which will contain an apartment that belongs to you by right of demand. In fact, if a shopping center began to be built at the construction site, you have the right, and the developer has the obligation to familiarize you with the documents for this construction and prove that he is building the shopping center for other than your funds
• The developer is obliged to complete the construction on its own or by any other involved forces of third parties of the object for which the equity participation agreement has been concluded. The developer is obliged to transfer to you an apartment that is in proper quality, exactly like the residential construction object itself
• The developer is obliged to notify you of the completion of the construction of an apartment building at least fourteen days before the completion of the construction of the object
• The equity participation agreement of the 2019 model provides for the obligation of the developer to pay you interest and penalties, as well as return cash if there are grounds for terminating an existing DDU

Developer tricks

Despite the rather tight control in the field of shared construction, some developers find loopholes in the legislation and try to circumvent some of the mandatory mechanisms for protecting equity holders. Others do not disdain to collect money and disappear into nowhere. Now there are two main schemes of tricks to circumvent the law on pre-trial detention.

bill of exchange

A rather confusing scheme, which is difficult to understand without knowledge of related legislation. There is a so-called "bill" in Russia - security, which can be purchased from the organization. In shared construction, developers act as follows:

• They offer you to conclude a share agreement and pay for it with a promissory note - so supposedly cheaper. Or any other reason.
• In fact, the reason is different - according to the law, the developer can attract money from equity holders only after obtaining a building permit. If this is not the case, then it is impossible to collect money. But if you really want to, there is a loophole - a bill
• The shareholder, buying a bill, receives a beautiful paper stating that the developer undertakes to conclude a DDU with him and take into account the price of the bill in the price of this agreement.

This is where the main deception lies. All the norms of FZ-214, aimed at protecting the equity holder, do not apply to the bill of exchange scheme. No penalty, no insurance against double sales, nothing. In fact, you are being deceived and the bill can turn into a simple piece of paper.

You are counting on the developer to conclude an agreement with you, but this may not happen. Moreover, for any reason - both illegal, for example, the simple departure of the developer along with your money, and legally - the bankruptcy of the company. But in the latter case, the owners of the DDU are protected by a compensation fund for shared construction. And buyers of bills - nothing. Do not buy promissory notes in response to the assurances of the developer to conclude a DDU with you after some time

Preliminary agreement

Even more simple circuit in which unscrupulous developers play on the inattention of the buyer. The so-called preliminary agreement of equity participation will report from DDU in only one word, but in fact it is just a fictitious paper that does not bind the developer to anything. This contract does not prescribe anything that the law requires from the DDU. All DDU risks are provided for by the legislator. This is not included in the pre-contract.

In fact, in this agreement, you simply agree that within the specified period (if any), the developer undertakes to conclude a DDU with you. It is not clear what will be indicated in this DDU. And here is another difference - the calculations under the equity agreement are carried out after the registration of the document in Rosreestr. It turns out not a very funny situation:

• You enter into a preliminary contract
• Pay the developer
• Even if he is honest and you still sign a real DDU, he is not registered with RosReestre due to some violations by the developer
• Everything. The developer has your money. Calculations are made for the preliminary contract. You can remain without the support of FZ-214 and try to go to court to prove that you were deceived. Not the fact that it will be possible to return at least part of the money.

Don't conclude preliminary agreements equity participation. Only legal DDUs with registration in Rosreestr

How to conclude a DDU?

As we found out, federal legislation imposes rather stringent requirements on the content and mechanism of both the conclusion and execution of an equity participation agreement. The fulfillment of all these requirements is in the interests of both the developer and the equity holder. Therefore, it is better to check whether all the necessary items are in the DDU that you plan to conclude. Let's take a closer look.

Required Items

Be sure to check if there are any discrepancies in the contract or strange ones like “preliminarily”. The contract of equity participation in construction should be drawn up clearly and without any ambiguities, everything should be as transparent as possible. Here are the main points that should be contained in any contract:

• The preamble should contain your full name, passport details with the date of issue and address of registration. You are referred to in the agreement as the Shareholder or Investor.
• Builder details - entity, details, link to the charter and data of the director of the organization. In the contract, he will be called the Developer
• Line "Subject of the contract". It states that this Developer undertakes to transfer the apartment to you in compliance with the legality of the procedure in accordance with federal law No. 214 "On participation in shared construction of apartment buildings". Reference to this Federal Law is necessary, as it confirms exactly that this agreement is an equity participation agreement
• Check the availability of data on an apartment building under construction. It should not be a complex of houses, even if you are a buyer of an apartment in one of the objects of a microdistrict under construction. Only distinctive features exactly your new building - the number of floors, the presence of balconies and loggias, the address, the number of residential premises, their area.
• You also need distinctive characteristics the apartment you are purchasing - it specifies the floor on which the object is located, its area, the layout with the area of ​​\u200b\u200beach room - in the future, upon delivery, this information will help you accept housing and discuss with the developer a penalty or surcharge in case of violation of the number of meters
• The price of the contract is indicated both per square meter and the full price of the contract. Here, the importance is this - after construction, you accept an apartment and the area of ​​\u200b\u200bthe apartment is measured by BTI employees. The area may vary plus or minus 2-3 meters. If the area is larger, you will know how much you need to pay the developer. If less, how much the developer owes you
• You need to specify the exact date of transfer of real estate to you, as well as the date of commissioning of the house itself. Be sure to check the availability of exactly two dates - sometimes it happens that the developer rents the house on time, and with the transfer of keys it takes six months or more, fixing the shortcomings in the apartment that the host commission does not pay attention to
• The responsibility of the builder should be clearly stated. The warranty period is at least 5 years. Engineering systems and communications – 3 years minimum.
• Builder's guarantees for the construction of the object - here we are talking about the fact that the developer confirms the transfer of money for the share agreement to the shared construction compensation fund or demonstrates insurance obligations for this new building
• Building permit information and land plot information – ownership or lease. If the latter, then for how many years. Check if the deadline for the completion of the new building is different from the end of the lease term - the numbers must match. And be sure to look at the phrase about the deadline - it should be written exactly “Deadline”, and not “Preliminary deadline”. It is important
• Calculation mechanism - under an equity agreement, you pay money after registering the agreement with the Rosreestr, but not before that. The developer may ask you to pay part of the contract in advance, but it is better to demonstrate your solvency to him in another way - for example, by an extract from a bank deposit on the right amount or the calculation format via safe deposit box or letter of credit

Check all the information in the equity agreement before signing it and sending documents to Rosreestr.

Conclusion of the contract (sample)

The contract itself will be offered to you to sign at the office of the developer. Do not agree to sign it on the same day you saw it for the first time. You have the right to supplement it with the necessary items and offer the developer to make these corrections in the final version. The algorithm should look like this:

• You check all information about developers
• Come to his office, ask for a copy of the DDU and a project declaration
• Carefully study all the clauses of the contract, best of all - with the involvement of a lawyer practicing in this particular area
• Or make changes and negotiate with the developer
• Or you agree and leave your signature in the contract

The contract is drawn up by the builder himself. On our website you can study the real share agreement. Sample is possible.

Package of documents

The package of documents that a shareholder needs to collect is quite small. Need to collect:

• Passport copy
• The contract itself and its appendices
• Additional agreements with the developer - if necessary
• Application of the interest holder in free form (the template is provided by the developer)

If you buy an apartment through a trustee, you will have to sign a power of attorney with a notary. There is a spouse - you will have to get their consent to the purchase from a notary. In the case of a mortgage, the bank prepares a tripartite agreement on the conclusion of an equity participation agreement

registration

For registration of a share agreement, you can, together with a representative of the developer, apply to several places:

• Office of Rosreestr of your region
• Multifunctional provision center public services. The registration period will increase by a day, but there are practically no queues
• Submit documents using electronic registration- this usually happens if you buy an apartment through a mortgage loan. As an individual, you can do this yourself, but you need electronic signature. The terms increase many times, so it's easier to use the first two options.

After submitting the documents, you will receive a receipt that the papers have been accepted. If everything went well, then you will be issued a receipt on the conclusion of the equity participation agreement. It remains only to wait for the completion of construction.

Risks

Despite all the delights of equity participation agreements in 2019, a newly minted equity holder may still face the fact that his new building will become problematic. This is mainly due to the bankruptcy of the developer company. The legislator believes that the risks under equity participation agreements are minimal, since in this situation the equity construction compensation fund will work. But since there were no precedents yet, one can only guess how everything will happen in reality.

Bar lawyer legal protection. Specializes in handling cases related to appealing against illegal actions of officials, housing disputes, recovery of penalties from developers. Extensive experience in the 214 Federal Law.

Shareholder protection

Pitfalls of the agreement for participation in shared construction

Conclusion DDU

Deadline for the transfer of the object to the shareholder

DDU check

Lawyer Gordon A.E.

Bar Association of the Moscow Region

What will DDU pay attention to?

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. Settlements for apartments construction works and materials with contractors and suppliers (barter), lack of budget financing All of this significantly reduced the cost of housing. The price of an apartment in new buildings is much 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 careless builders onto equity holders. Fraudsters attracted funds from the population, allegedly for construction, and transferred them through fictitious contracts with front companies to foreign offshores. Then, the developer was declared bankrupt.

If you sign a DDU, what should you pay attention to?

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 are grounds for increased attention.

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

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

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

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

The main thing you should take away from introductory articles on the Internet - the DDU agreement in itself is not a guarantee for the equity holder. The contract may hide such pitfalls that you are not even aware of. In addition, a new building can be sold under the DDU, or they can be sold under the DDU (more on the assignment under the DDU). There are also preliminary contracts.

When concluding a DDU, there is always something to pay attention to. We can say: at the conclusion of the DDU, the eyes and ears are shoulder-width apart. It is not possible to describe all possible situations in the articles, and the buyer does not know what he will face. By reading articles, the buyer will not receive systemic 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 will involve a real estate lawyer for 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 a degree to be a lawyer.

The main work when accompanying 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 of a lawyer on the DDU.

The essence of DDU

The purpose of the adoption of the law 214-FZ is to protect the equity holder - a participant in shared construction. The shareholder receives protection in relations with the developer in the event of the conclusion of an agreement established by Law 214, this is an agreement for participation in shared construction (DDU). The essence of the DDU, as well as any contract, is the rights and obligations of the parties to the contract, but by no means the name. Start studying the DDU proposed by the developer from the main part - the subject of the contract. 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 property and after receiving permission to put into operation these objects transfer the relevant object of shared construction to a 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 an agreement between the developer and the participant in shared construction. These terms of the contract are established by law. From the wording of the subject of the contract, the goals of participation in the contract of both parties are clearly visible.

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

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

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

The absence of the specified obligations of the parties in the agreement on participation in shared construction or a different presentation of the subject of the agreement makes it controversial to refer such an agreement to share participation agreements, 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 contract and bring them in line with the law 214-FZ.

Conclusion DDU

The conclusion of the DDU must be made in accordance with the provisions of the law 214-FZ. The 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 as not concluded. These conditions are:

• Contract price- the amount of money payable by the party to the contract. The law unambiguously establishes for what the shareholder pays money: 1) as a reimbursement for the construction (creation) of an object of shared construction and 2) to pay for the services of the developer. The above wording limits the developer's discretion in disposing of the funds received from the shareholder.

The price of the contract must be specified 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 should allow the shareholder to unambiguously determine the price to be paid. As a rule, the price in the DDU is indicated for 1 square meter of the construction site area, 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. V apartment buildings These are apartments, non-residential premises. The description should include specific parameters of the share: apartment, section (entrance), floor, number on the site, number of rooms, total area.

Total price 1 square meter and the parameters of the shareholder's share allow you to set the price of the DDU agreement.

• The term for the transfer of the construction object by the customer to the shareholder. This is the period during which the customer is obliged to transfer the completed construction and commissioned object of shared construction to the shareholder.

The term for the transfer of the shared construction object must be indicated in the DDU agreement exactly - by date, or as a time interval - for example, the 4th quarter of 2017.

• Penalty: The interests of the equity holder in timely receipt of the constructed object 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 the transfer of the object to the shareholder, the latter has the right to demand payment of a penalty (penalty) in the amount of one three hundredth of the refinancing rate Central Bank Russian Federation effective on the date of fulfillment of the obligation, from the price of the contract.

IMPORTANT: If the interest holder is a citizen, then the penalty is doubled.

• The quality of the shared construction object: The developer is obliged to transfer to the shareholder an object of shared construction that complies with the terms of the contract, building codes, project documentation, as well as other mandatory requirements.

If the shareholder reveals a deviation from the terms of the contract in terms of quality, which render it unsuitable for the intended contract of use, A participant in shared construction, unless otherwise provided by the contract, at his choice has the right to demand from the developer:

* gratuitous elimination of deficiencies within a reasonable time;

* commensurate reduction in the price of the contract;

* reimbursement of their expenses for the elimination of deficiencies

If the shareholder, when transferring the completed construction object to him, found significant deviations in the quality of the object of shared construction (defects, defects, non-compliance with the configuration - instead plastic windows- wooden, instead of double-glazed windows - single, lack of electrical wiring agreed in the contract, etc.) from the terms of the contract, or untimely elimination by the developer of identified shortcomings, share construction participant has the right to unilaterally withdraw from the contract and require the developer to return the money and pay interest.

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

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

The shareholder's claims to the developer on the quality of the construction object can be presented within the warranty period.

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

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

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

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

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

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

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

On this basis, the requirement to terminate the DDU agreement will be justified if there are circumstances that clearly indicate that the shared construction object will not be transferred to the participant in the shared construction within the period specified in the DDU agreement;

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

Interests of the shareholder in the fulfillment by the developer of the obligation to build, put into operation and transfer the construction object in a timely manner, as the weaker party to the contract, according to the law 214-FZ, are ensured by the stipulated Civil Code RF ways:

1) Pledge, 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 should be carried out, as well as the apartment building itself that has not been completed, is considered to be pledged to the shareholder.

In view of the obligation state registration of the DDU agreement in the Unified State Register of Rights, when the state registration of the agreement is made, the state registration of the pledge of the land plot at the construction site takes place simultaneously.

In the event of a construction stoppage and/or state registration of the developer's ownership of an unfinished object, such an unfinished object is pledged to equity holders.

The object put into operation, completed by construction, is considered to be pledged to equity holders until the moment it is transferred by the developer to the equity holder under the transfer act.

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

BANK GUARANTEES and INSURANCE

Builder's choice, along with a pledge, ensures the obligations of the developer to transfer the 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 building permit, a bank guarantee or civil liability insurance.

DDU check

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

WHAT WE CHECK BEFORE SIGNING A DDU AGREEMENT

The guarantees of the equity holder under the DDU agreement listed above can be realized if the agreement for participation in construction complies in form and content 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 the law 214-FZ is a realized necessity.

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 equity holder under the DDU agreement is to pay the price of the agreement (the cost of the apartment), and if care is not taken, this money may be lost. The shareholder can be provided with a contract, he signs it, pays money, and ...., that's all. There is no construction.

The DDU agreement itself, even in the presence of guarantees established by law, does not relieve the interest holder from the need to be prudent and commit necessary actions when concluding a contract. The shareholder should know: in case 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, possible loss of time and labor costs for the return of funds by the shareholder makes it advisable to conduct a preliminary check in preparation for the transaction for the conclusion of the DDU agreement.

Verification activities prior to the conclusion of the DDU agreement.

We check:

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

Pitfalls at the conclusion of the DDU

VERIFICATION OF A REAL OBJECT IN NEW MOSCOW SEPTEMBER 2016

What to look out for

Clients were NOT required to provide legal support for the purchase and sale of an apartment in a new building under a DDU agreement, since New Moscow, a business class residential complex. Documents are transparent, a high degree of readiness of the object - the complex is handed over 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, there was a postponement of the delivery, 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 power of attorney for the representative to sign the DDU and the contract on the basis of which he acted. They did not appear at all, not originals, not copies. But the question was different, for some reason it was not the developer who sold the apartments, but individual entrepreneur under an agency agreement.

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

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

Granted full package documents confirming the legitimacy of the construction. There was a building permit, a project declaration and other documents.

The date of issuance of the construction permit confirmed the timeliness of its receipt and the legality of the start of attracting funds from equity holders.

Since 2009, the land plots have been owned by the developer, which also inspired optimism. Just like the characteristics of a land plot: 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 on the assignment of rights under the DDU from one of the equity holders.

A new legal entity appeared - a shareholder who sold his rights under a previously concluded DDU agreement. In general, a working option, but checks are added. The buyer gave the go-ahead, moving on to check.

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

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

• We check the equity holder - a Russian organization, but one founder with a 100% share - offshore - the British Virgin Islands. The same is not scary.
• We check the existing DDU agreement - And here is the news: there is no information in the register of rights (USRR) about this agreement. At the same time, there is a state registration number on the contract itself. Most likely an error with the information in the registry, they forgot to add it to the database, it happens, it’s not scary, but you definitely need to double-check. So when making a concession, the sale of one apartment may double.
• We set the number of concluded DDU agreements in general for the facility - News: only about 180 units, and according to the client and the manager of the developer, more than 1,000 apartments were sold at retail, that is, there should be the same number of DDU agreements. Considering that there are 15 apartments in “our DDU agreement”, the number of apartments sold at retail is small, for 1.5 years of implementation and the close completion of construction.
• We check the presence of litigation - News: our shareholder-seller is actively suing. In 2015-2016, the equity holder participated in 20 lawsuits. Everywhere the shareholder is the defendant, he was presented with monetary claims in the amount of 1 to 70 million rubles. for non-payment of delivered building materials or completed construction work.

More news: According to one of the court decisions, the penalty was levied on bail. And here is the news! The pledge is our DDU agreement! We've arrived!

The foreclosure was filed by the court at the end of August 2016, that is, a few weeks ago.

Collection is made according to judgment through auction sale.

The issue is that all the rights of the shareholder under the DDU agreement, for all 15 apartments, turned out to be pledged. The collection was paid only for a part, namely for 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 the next 2017. However, in our opinion, the object will not be completed by construction. before the second quarter, and will be put into operation no earlier than the third quarter of 2017.

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

About what we notified the client.

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 pledge and did not participate in litigation.

The analyzed specific situation showed that when concluding a DDU, attention should be paid to everything:

1. for construction documents (land, building permit, project documentation etc.)
2. to the builder's documents
3. on the seller’s documents (if you buy an apartment by assignment of rights), first of all, compare the original DDU, its execution by the equity holder, and the assignment agreement
4. to the text of the terms of the Shared Construction Participation Agreement itself

The main advantages of a shared construction agreement concluded in accordance with the rules of Law 214-FZ:

• Attracting equity holders to participate in the construction under the DDU agreement is carried out by the developer after obtaining and registering the ownership of the land or its lease.
• The developer is obliged to publish information about the project of the future construction (project declaration) in the media and the Internet within 14 days.
• Shared construction agreement (DDU) is subject to mandatory state registration. Information about the DDU agreement is entered into the Unified State Register rights to real estate and transactions with it (EGRP). State registration guarantees the absence of a double sale of housing.
• If the developer delays or delays the transfer of the object to the shareholder, the developer pays fines, penalties prescribed by the contract.
• If construction defects are found during the acceptance of an apartment in a new building, the developer is obliged, at the request of the shareholder:

- Eliminate deficiencies free of charge on their own

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

At the same time, the compliance of the DDU agreement with the requirements of Law 214-FZ “On Participation in Shared 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 the transaction?
Do you have questions about the transaction, the stages of a real estate transaction?
Call, write:

As of September 2016

25.03.16 79 690 0

How to prepare and what to look for

Nika Troitskaya

real estate marketer

Consultant - Andrey Targashov

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

1. Prepare your documents.
2. Sign a share agreement with the developer.
3. Register the contract in Rosreestr.
4. Pay the price of the apartment.
   (Here you have to wait until the developer rents the house.)
5. Sign the acts of acceptance and transfer of the apartment, get the keys.
6. Register ownership.

You will become the full owner of the apartment after you register the right of ownership. From that 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 take place: what documents will be needed and how not to screw up with the contract. Registration of the contract, and - the topics are voluminous, so we will write about them separately.

1. We prepare documents for the purchase

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

Apartment for yourself

The simplest case - you are not married or not married, draw up a contract only for yourself, buy an apartment on an advance payment or in installments. In this case, prepare only your passport.

If you are married or married, but you are registering an apartment only for yourself, in addition to your passport, you will need the consent of your spouse to buy an apartment. Such a document will be issued in the presence of your spouse at any notary office, he will need a passport and a marriage certificate with him. You do not need to be at the notary's: who gives consent, he comes personally.

If you have a prenuptial agreement that says you can buy property without separate consent, take it with you to the deal.

For two with spouse

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

Into 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 get mortgage solution. The mortgage broker will tell you under what conditions banks give mortgages, 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 mortgage broker no, you will have to apply to banks yourself, collect documents and fill out applications. Prepare the following package of documents for each bank:

If you have other sources of income, and the official salary is not enough for a mortgage, inform the bank about it - they will help you fill out a questionnaire in which you indicate real income. It is called a bank statement.

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

2. We sign the DDU with the developer

In the article "How to choose a developer" we talked about how to get a draft equity agreement. Now draw up a real contract with the manager of the developer.

Check the DDU with a third-party lawyer

Even if the project and the real DDU do not differ, contact an outside lawyer, show him the final contract. The lawyer will check the dangerous moments. You are risking several million, so feel free to double-check every comma and hire an independent lawyer.

What should be in the DDU with a decent developer:

1. The cost of the apartment.
2. Date of delivery of the new building.
3. Building address of the house.
4. The 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. A five-year warranty for an apartment, a three-year warranty for engineering equipment: pipelines, heating and ventilation systems.
8. Builder liability insurance.
9. your passport details.
10. Builder details.

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

All contracts with developers are equally incomprehensible to an ordinary person. Therefore, just exhale, be patient, call a lawyer for help and decipher the contract. We will write an article about bad wording that can harm you separately. But there are three points that you need to look at especially carefully: the deadline for issuing keys, the procedure for compensating for the area and the representative of the developer who signs the DDU.

We look in the contract for the date of handover of the keys

Some builders in the project declaration indicate a delightfully fast delivery of the house. The advertisement refers to this date. But when it comes to DDU, it turns out that, even though the city will be handed over in the near future, the keys will be issued only after 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 act of acceptance and transfer upon the cumulative 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 start date for the transfer begins 30 days after the transfer conditions have been met.

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

If you have a prepayment or a mortgage, or you have paid off the installment by this point, then 30 days from the date of approval, the developer will begin issuing keys. Previously - only after permission to enter and only if you agree with the developer.

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

It happens that builders unwittingly increase or decrease the area of ​​​​the apartment. This happens less often in typical sockets, more often it happens in monolithic and brick houses - they are built every time as if from scratch. They put a wall a little to the side - a deviation in area begins for the whole apartment.

It is unprofitable for the developer to pay you additional compensation if the area is less than according to the contract. If the area turns out to be larger than according to the contract, and the developer did not take this item into account separately in the contract, then under the consumer protection law you are not required to pay extra to the developer for extra meters. Again, this is unprofitable for the developer.

Developers do not like to waste money just like that, 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 points about the area into simple language:

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

In case of increase total area Apartments more than 1 sq. m according to the results of measurement by a technical inventory bureau (BTI) or a cadastral engineer who has a valid qualification certificate, in comparison with the one specified in clause 1.1 of this Agreement, the Participant undertakes to pay the Contractor the price of the Agreement, based on the estimated price of 1 (one) sq. m, specified in clause 3.1. of this Agreement, within 10 (ten) working days after the written request of the Developer to the Participant is sent.

What does it mean. If at the acceptance or during BTI measurements it turns out that the area of ​​​​the apartment is less than indicated 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 CEO can sign DDUs with equity holders without a power of attorney. But in practice, there are no developers whose CEO signs a DDU. Usually, contracts are signed for him by proxy by the commercial director, the head of the sales service or the sales director - each developer has his own way.

Fragment from the project

Your task is to look at the DDU, who signs the contract. If this is not the CEO, 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 contract, as lawyers say, is valid. If suddenly something goes wrong, then you will prove that you signed an agreement with a representative of the developer, who had the right to sign such documents.

Ideally, a copy is notarized, but a certified seal and signature of the CEO will do.

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

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

Many want to buy the property cheaper market value. One of the ways to save money on a purchase is DDU.DDU in a new building: what is it, is it possible to draw up a contract now and what to do to get housing - we will tell in the article.

What is DDU

DDU - share agreementin the construction of an apartment building. It is concluded between the developer and the future owner. According to the agreement, the shareholders are obliged to pay the developer a certain amount, and developer is obliged to use this money for construction and transfer the finished property to the ownership of equity holders. Under the DDU agreement, you can buy apartment , a separate room or non-residential premises.

Shared construction agreement regulated№214 FZ "On Participation in the Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation." The document contains 27 articles. On July 1, 2018, amendments to the law came into force, which practically cancel the shared construction agreement.

What does the ban on DDU from 2018 entail?? In fact, nothing will change for equity holders - they will also pay money and receive keys to apartments, but now depositors' money will be protected. The government explainedwhat will happen instead of DDU in the future: escrow accounts. Now equity holders will transfer money to a bank account that finances construction, and developers will receive it only after they transfer ownership of the property. If the developer goes bankrupt, the equity holders will get their money back.

Companies that registered project declarations before the changes came into force can use equity participation agreements in construction until July 1, 2019. That is, if the developer received a building permit before July 1, 2018 or concluded the first contract before this date, you will be able to conclude a DDU with him.

Pros and cons of a shareholding agreement

pros	Minuses
The cost of real estate at the construction stage is much lower than the price of finished housing.	There is a risk that the developer will go bankrupt, freeze construction, deceive equity holders.
You can save money for furniture, household appliances, repairs while the house is being built.	Force majeure may occur, which will affect the delivery time of the object.
Apartments purchased under the DDU are classified as primary real estate, and the mortgage rate for them is lower.	All the time of construction, you will have to spend money on renting housing, if you don’t have your own.

In addition to DDU, for the acquisition of real estate in the primary market, they use the usual contract of sale and housing cooperatives. The contract of sale is concluded when the house has already been commissioned - you can immediately call in the apartment, register, and formalize the right of ownership. ZhSK - contract of a housing-construction cooperative. It is similar to DDU, but formally you become a shareholder - you join a community of people who are going to build a house. At the same time, there are no clear deadlines for construction or punishment for their increase.

ZhSK or DDU: which is better- everyone decides for himself. When applying for DDU buyers are more protected from unscrupulous companies, and housing cooperatives offer greater benefits compared to DDU.

Buying an apartment on DDU: how to check the builder

If you plan to use a share agreement when buying an apartment in the primary market, check the developer. So you protect yourself from dishonest companies. To find out all the information about the developer:

🔸 Browse developer's design declaration. It should be publicly available on the company's website. If it is not available, request a project declaration - the developer is obliged to provide it upon request. The document has detailed description the project, the timing of its implementation, the purpose of construction.

🔸 Check Is the company in bankruptcy? It can be doneon the website of the Unified Federal Register of Bankruptcy Information . Enter the name of the company - if it is not in the registry, that's good. If the company has begun bankruptcy proceedings, do not sign the contract, otherwise you will lose money.

🔸 Check Are there any lawsuits against the company? It can be donein an electronic file website of the Federal arbitration courts. Here it is worth considering an important nuance - the larger the developer, the more likely it is that legal cases will be brought against him. Evaluate the essence - because of what the company is being sued, how many cases are open, what decisions have been made on previous disputes.

🔸 Check whether the company is registered as a legal entity. According to the law, all developers must be registered. Come into the website of the Federal Tax Service and visit single register legal entities. If the company is not there - refuse to buy.

🔸 Find reviews about the builder on the Internet. For example, visit shareholder forums, read reviews on third-party independent sites, evaluate the company's reputation in various ratings.

How to compose andwhat to look out for in 2018yearin the DDU agreement

Legislation regulates the form of an equity participation agreement in construction in case of buying real estate. According to the requirements of No. 214-FZ, the contract must be concluded in writing and is subject to mandatory state registration with Rosreestr. Document considered concluded from the moment of registration. The contract is drawn up in three copies: one remains with the equity holder, the other with the developer, the third is stored in Rosreestr. All copies must be signed, all have equal legal force.

DDU must havea detailed description of the object - a plan of the object with a graphical display of the location of parts of the living quarters, information about the project declaration, purpose, total and floor area, number and area of ​​​​rooms and other information. All requirements are listed inarticle 4, paragraph 4.1 law. In addition to this information, the contract must contain:

📜 the term for the transfer by the developer of the object of shared construction to the participant in shared construction- the date by which the company undertakes to put the house into operation;

📜 the price of the contract, the terms and procedure for its payment- the cost of buying real estate under DDU, details for payments, requirements for the payment procedure;

📜 full name of the parties- name and basic details of the legal entity, last name, first name, patronymic and passport details of the shareholder;

📜 warranty period for the shared construction object The most common home warranty is 5 years.

In this case, all the conditions specified in the DDU must correspond to the information in the project declaration at the time of signing. If one information is indicated in the contract, and another is indicated in the declaration, it is recognized as invalid at the claim of the shareholder.

As with other documents, DDUs are subject to standard requirements. The date of conclusion of the contract must be indicated, as well as the details, transcript and signatures of both parties.

Important! The DDU can be signed by the developer on the part of the general director of the company or a person to whom a notarized power of attorney is issued on behalf of CEO. If the contract is not signed by the director, ask for a power of attorney. If it is not, it is better to refuse the transaction.

❗❗ Another important nuance is that the developer has the right to accept money only after the conclusion of the contract. If he asks to pay a part before signing, it is better to refuse the deal.

How to register a DDU in Rosreestr

We explained what does equity participation mean when buying an apartment. But signing a contract does not mean getting the right to claim real estate. For the transaction to take place, you need to register the DDU in Rosreestr. Registration requirements are set out in Article 47 No. 218-FZ "On State Registration of Real Estate".

To register a DDU, visit the MFC or Rosreestr together with a representative of the developer. Pay the state fee - its amount is 350 ₽ for individuals and 6,000 ₽ for legal entities. Write an application for registration of the contract and provide the following documents:

📓identification- passport of a citizen of the Russian Federation - from you and information about the company from a representative of the developer;

📔 original payment receipt state duty - details can be taken at any MFC or Rosreestr;

📘 building permit- the developer may not provide it, in which case Rosreestr will request the necessary papers;

📙 apartment building plan indicating the number of parking spaces, non-residential, residential premises, other information;

📕 project declaration- the developer also has the right not to provide it, Rosreestr will receive information from other sources;

📒 conclusion of the supervisory authority on the compliance of the developer and the project declaration with the requirements of No. 214-FZ, issued no earlier than 60 days before the registration of the very first DDU - the developer is also not required to provide it;

📓 contract of guarantee for the obligations of the developer, the size authorized capital which does not meet the requirements of No. 214-FZ.

If you are not the first shareholder to conclude an agreement with the developer, he may not provide a number of documents. They are stored in the registry file, and the Rosreestr employee will be able to see them.

What to do next after registering a DDU in Rosreestr- how to get housing

Sale by DDU in the construction of a housetakes place after the object is put into operation. That is, after registering a DDU in Rosreestr, you need to wait for the time indicated in it. When the deadline specified in the contract comes up, the developer will put the house into operation, draw up required documents. For example, they will draw up a protocol on the distribution of residential and commercial premises, issue and receive a technical passport at the BTI, receive permission to put into operation, register the object with Rosreestr and assign it a postal address. Then he will notify you about the preparation of documents, hand over the keys and offer to sign the act of acceptance and transfer of the apartment.

To formalize the ownership of real estate, you will need to contact Rosreestr again. The builder must provide government agency:

📌 Passport of a citizen of the Russian Federation.

📌 Agreement of equity participation in construction.

📌 The act of acceptance and transfer of the apartment.

📌 Permit for commissioning- it must be obtained from the developer if the document is required by Rosreestr. As a rule, at the time of the invitation to receive an apartment, employees of the department have already received this document.

📌 Receipt of payment of state duty.

The amount of the fee for registration of property rights is 2,000 ₽.

Your application will be reviewed within 10 business days. After that, visit Rosreestr on the appointed date - the employee will return the accepted documents and issue an extract from the USRN confirming your ownership.

Pitfalls in DDU

Assignment of DDU - what is it

According to the law, a shareholder may assign his rights of claim under a DDU agreement to a third party. In this case, the third party will pay the shareholder the value of the contract or more, if during the time that the contract has existed, the value of the property has increased. The equity holder will receive the money, the third party - the right to claim real estate.

The assignment must be registered: between those who assign and accept the rights of claim, a separate agreement is concluded - the cession. It also prescribes the terms for paying money, and it also needs to be registered with Rosreestr. There are a number of requirements for a cession - it can be issued only if:

✅ the shareholder has fully paid the developer the amount under the DDU;

✅ the act of acceptance and transfer of the apartment is not signed;

✅ the transaction is agreed with the bank if the housing was purchased with a mortgage;

✅ the shareholder has not previously assigned his rights to another person.

If the former shareholder has not paid the full amount to the developer, the cession can be issued only with the consent of the developer company.

When buying under an assignment agreement from individual the buyer cannot receive government-supported mortgage benefits. If the property is ceded to a legal entity, the benefits remain.

What to do if the developer goes bankrupt under DDU

If the developer has started bankruptcy proceedings, it is important to find out about it in time. Contact the bankruptcy administrator and enter your claims in the register of creditors. This must be done within 30 days at the observation stage or 60 days at the stage bankruptcy proceedings from the moment of publication of official information about the beginning of the procedure.

The developer will be obliged to return the money you paid him if he does not complete the construction, or transfer the property to your property.

What to do if the developer violates the deadlines or does not issue documents

If the developer intentionally extends the deadline for issuing documents or frustrated the deadlines for putting the facility into operation, go to court. The court will oblige him to issue the documents necessary for registering the transaction, set the exact date for the delivery of the object, or award compensation for failure to meet deadlines.

Get ready to present the DDU agreement in court if the developer misses the deadlines. If it does not provide documents, provide evidence that they could have been issued earlier. The chances of the claim being satisfied will be higher if you file a class action complaint with several other interest holders.

Is it possible to inherit the right to claim under DDU

If a shareholder who has entered into a DDU agreement with a developer dies, his right to claim ownership of the property can be inherited. In this case, you need to provide the developer and Rosreestr with documents confirming your inheritance rights. To do this, contact a notary and carry out the procedure for “opening an inheritance”.

If the shareholder has several heirs, the right to claim will be distributed among them, unless otherwise specified in the will. The heirs will receive equal shares in the new apartment.

If the DDU is issued using credit funds

If you took out a loan for acquisition real estate under a DDU agreement, this must be reflected in the documents. Loan agreement will need to be provided to the developer to record usage loan funds in DDU, and in Rosreestr when registering DDU, registration of ownership.

In the event that you do not pay the bank the funds under the loan, it will receive the right to claim, unless otherwise provided by the loan agreement.

If the DDU is issued for a minor

A contract of equity participation in construction may be drawn up for a minor. In this case, his legal representatives are parents or guardians. They sign the contract, indicating in the document information about the minor - birth certificate data, last name, first name, patronymic, date of birth. Ownership in the Register is also registered by legal representatives. In this case, the child's birth certificate is added to the standard list of documents for registering property rights. He becomes the full owner of the property.