Is it legal to rent out a room in a communal apartment? Do I need to ask my neighbors' permission to rent out a room in a communal apartment? How to rent out a room in an apartment with shared ownership

The purchase of an apartment in a new building is carried out after checking the developer, analyzing his documents and partners, the progress of construction and other parameters. In parallel, before concluding a contract, the buyer is recommended to obtain information about the method of completing the transaction and assess its reliability, settle the issue with the bank, if attracting borrowed money.

Buying an apartment, including in a new building, is a risk. The developer can go bankrupt, deceive by concluding several transactions for one object, and delay construction. In short, the dangers are no less than when choosing housing in secondary market. Therefore, the main thing you need to know when buying an apartment in a new building from a developer is the list of documents that must be available mandatory, the optimal form of contract that most fully protects the interests of the buyer, probable risks and ways to mitigate them.

1. So, the first thing you should pay attention to when buying a new building is the readiness of the house. If the construction is active, there are builders and working equipment on the site, most of it has already been built, there is a possibility that the developer will complete his job. This indicator is quite arbitrary, since construction can “collapse” at any time.

It is also recommended to evaluate investment attractiveness apartments. It is expressed in a combination of parameters: distance from transport links, availability of infrastructure, parking, green areas, territory improvement plan. If the property is literally located in a field, people will not buy apartments there due to numerous restrictions. This means that the house can turn into long-term construction.

1. Good feedback about developers and contracting companies involved. Usually in large cities there are the same developers that everyone knows about. Such companies are stable, always complete construction, and do not deceive shareholders. You can ask questions about the company’s activities at a personal meeting with sales managers.
2. Choice of contract. Using this criterion, you can assess the reliability of a potential counterparty. Various schemes used by developers to evade taxes and other frauds do not add weight in the eyes of the buyer.
3. , its documents and other parameters.

Note! The number of defrauded shareholders in Russia has halved over five years (as of 2016).

Normative base

The main document that regulates the relationship between the developer and the buyer is Federal Law No. 214 of December 30, 2004. This law contains rules governing the activities of the developer and the procedure for concluding an agreement equity participation in construction, requirements for its content.

The following information may also be useful:

• for a purchase and sale agreement - Chapter 30 of the Civil Code of the Russian Federation, which regulates this area of ​​activity;
• preliminary agreement - Chapter 27 of the Civil Code of the Russian Federation (Article 429);
• when raising borrowed funds secured by a mortgage of real estate - Federal Law dated July 16, 1998 No. 102-FZ “On Mortgages”;
• other provisions Civil Code regulating certain situations (failure to fulfill obligations, termination of a contract, etc.).

What documents should the developer have?

Art. 20 Federal Law No. 214 determines what documents are needed when purchasing a new building. Conventionally, they can be divided into two groups: those that the developer must and can provide to the buyer. In the first case, their list consists of papers that are necessary to attract funds from private individuals. They are usually freely available and posted on company websites. The second group assumes the possibility of providing documents upon request; their disclosure is not established by law.

Table 1. Documents and information that the developer must have to provide to the buyer

What documents should the buyer have?

To conclude an agreement, documents confirming the buyer’s identity and income will be required. The developer needs the latter to ensure solvency.

So, the buyer will need:

• passport;
• spouse's consent to purchase;
• a lending agreement concluded with a bank (when raising borrowed funds);
• income certificates.

Transaction procedure

Step-by-step instruction the transaction looks like this:

1. checking the selected object - apartment and house, the pace of construction;
2. verification of the developer;
3. preparation of documents;
4. preparation of documents with the bank, if it is involved;
5. signing an agreement with the developer;
6. registration of the agreement in Rosreestr.

The buyer implements these procedures independently or engages a knowledgeable intermediary - a real estate agent.

After all activities are completed, the buyer continues to make payments on the loan or installment plan provided by the developer and waits for the completion of construction and transfer of the apartment.

Types of contracts when purchasing an apartment in a new building

The execution of a transaction can be carried out using different agreements. All of them are legal, but have different risks for the buyer. In general, registration issues when purchasing an apartment in a new building are of great importance, since they create the danger of losing money.

The ideal option is an agreement on shared participation in construction. It is provided by law and most fully protects the parties to the transaction. It provides for the responsibility of the developer for violation of deadlines and other forms and methods improper execution obligations. In addition, the agreement is registered with Rosreestr, which eliminates the possibility of double sales. .

Note! It is likely that in the coming years the form of equity participation will be replaced by project financing. According to this idea, it will be possible to buy an apartment only in a ready-made house, which will reduce the number of risks to a minimum, but will increase the cost of housing.

The third method is preliminary equity participation and purchase and sale agreements. These forms are used at any stage of construction. For example, the company has not yet received a construction permit, the state examination has not been completed, but money is needed to implement the project. It is impossible to conclude an equity participation agreement under such conditions, therefore preliminary agreements are used. They can be considered one of the worst options for processing a transaction. The seller’s obligations under such forms are limited to the conclusion of the main contract in the future. If he refuses or becomes evasive, then the buyer will have to be forced through the court to sign the agreement and only after that demand the transfer of ownership. In this case, the buyer pays money according to a preliminary agreement, but acquires the right to demand not the apartment, but the conclusion of the main contract.

A significant disadvantage of all preliminary agreements is the absence of a mandatory state registration. Therefore, the risk of double sales is added to the risks listed above.

There are also such methods of acquiring real estate as mutual funds, investment activities, cooperative.

Whatever agreement is chosen, it must indicate comprehensive information about the object, terms of transfer, price, procedure for depositing money, and the responsibility of the parties for violation of obligations, especially the developer.

Procedure for concluding an agreement

Depending on the specifics of purchasing an apartment, the procedure for signing the agreement will differ.

For a mortgage

When raising borrowed funds from a bank, secured by real estate collateral, formalizing relations with the developer will have the following features:

• preliminary conclusion loan agreement;
• obtaining bank approval of the selected object;
• obtaining a cost estimate;
• insurance.

From the developer

Buying an apartment from the developer itself is the most successful and cheap option. The most low price for real estate - precisely at the beginning of construction, as the house is ready, it increases, and it becomes difficult to purchase an apartment directly without the participation of intermediaries.

In installments

As a rule, installment plans offered by the developer are short-term (up to 1 year) and long-term. The first option assumes no interest. With long-term installments, the buyer must already pay interest. Their size is set by the developer himself and fluctuates around 12%.

When signing an installment agreement, the payment schedule, the procedure for repaying the debt (interest and principal), and responsibility for violation are determined. financial obligations.

Before purchasing an apartment in a building under construction in installments, you should carefully study the terms of the contract; perhaps the bank will offer a lower rate.

Registration of property rights

All agreements, with the exception of preliminary ones, but including mortgage agreements, are subject to registration in Rosreestr.

Some developers provide their clients with services to represent their interests in Rosreestr. After signing the share participation agreements, the shareholder issues a power of attorney to the employees, according to which they submit an application to register the transaction. Thus, the buyer does not need to come to the registration service office.

If an agreement on the assignment of rights is concluded between two individuals, then you will have to visit Rosreestr.

It is important to remember that under the agreement of shared participation and assignment from it, the buyer does not receive the right of ownership, but the right to demand the transfer of the apartment. Ownership of a physically existing object, that is, a completed apartment, is registered.

Risk reduction

Knowing what needs to be checked when purchasing a new building, the buyer will not find himself in a difficult situation, and small precautions will help mitigate the risks:

1. enter into an agreement with a proven developer who has been working in the real estate market for a long time. Perhaps apartments in such buildings are more expensive than in others, but when buying an apartment from an unknown company, there is a risk of losing all your savings;
2. study the pace of construction, if possible, without investing in slow construction;
3. it is desirable that the house be accredited by the bank - this indicator does not guarantee complete reliability, but the bank will be more willing to issue a loan with such collateral;
4. selection of the optimal form of agreement (equity participation agreement in construction).

Important! The most common way to deceive apartment buyers! It consists of not specifying or indicating the approximate delivery date of the house. Be sure to pay attention to the terms of the agreement! Usually in such situations the relationship is formalized preliminary agreement. Thus, the buyer is constantly in complete ignorance regarding the timing of receiving the apartment.

Additional Information available in video:

Author: . Higher legal education: North-Western branch of the Russian Academy of Justice (St. Petersburg) Work experience since 2010. Contract law, tax consulting and accounting, representation of interests in government agencies, banks, and notaries.
December 6, 2017.

Developer's work in modern Russia strictly regulated. There are a lot of standards and GOSTs required for the quality of housing. But even this is not the main thing. For the buyer, it is rather interesting to know the requirements for the developer that are imposed by Federal Law No. 214: “On equity participation in the construction of apartment buildings.” In 2019, legislators made a lot of changes to it, which are important for future investors to know about.

New law

There were a lot of amendments in 2019. Even if we discard minor technical changes, which will only concern employees of regulatory authorities rather than buyers, everything turns out to be quite a significant layer of new legislation.

Townhouses

Yes that's right. New requirements for developers since 2019 force developers to enter into equity participation agreements for the sale of townhouses. This low-rise construction previously distributed as several separate houses on one area. Now developers selling housing in cottage villages, are forced to work under 214FZ.

• Individual housing is when you obtain a building permit for your rented or owned home and hire a contractor to build your cottage.
• Townhouses are a situation where you as a buyer go to a developer and choose a house built on his land and under a permit issued to the developer. You can also buy not a finished house, but the right to claim under an equity participation agreement.

This rather unusual innovation protects cottage buyers from fraud involving double sales of apartments and “random” disappearances of developers after receiving money.

Compensation fund

The requirements for the developer, introduced amendments to 214FZ, are mainly due to the large number of defrauded shareholders. There are tens of thousands of them across the country. But it is important to take into account that the new amendments solve preventive problems, but do not in any way correct the situation of those who have already been deceived. Therefore, be more attentive to the offers of realtors about profitable purchases in long-term construction

The compensation fund is a new mechanism for obtaining money for the completion of problematic facilities that may arise due to the incompetence of the developer. It will not help against fraud on the part of builders, but in a situation with bankruptcy it will solve the problem. Therefore, the new requirements for the developer in this part look like a fairly adequate solution.

• We have Art. 23.2 Federal Law No. 214-FZ dated December 30, 2004, which states that the collection of funds in
• Control will be performed by a non-profit organization of the same name
• Contribution amount – no more than 1% of the cost apartment building specified in the project declaration.

In fact, after the introduction of these amendments, the requirements for the developer increased, but at the expense of an increase in the cost of housing by 1%. It is important to consider that compensation fund works only in new buildings where the first share participation agreement was concluded after January 1, 2018. If the DDU was concluded earlier, then the requirements for the developer under Federal Law 214 include a mandatory insurance mechanism for the new building.

Requirements for the developer

What requirements does the law impose on a developer in 2019? If we take the totality of the main requirements and innovations of this year, we get a fairly large list:

• A developer can carry out activities for the construction of an apartment building only if he has a construction permit issued by the authorities of the region or municipality, depending on local legislation
• Requirements for the customer and developer - there must be an SRO permit to carry out work at the customer’s place, or at the general contractor who is hired to build an apartment building. Check the existence of the SRO indicated by the developer - a request can be sent to the Ministry of Construction of your region.
• The developer is obliged to send all changes in the project declaration to the local ministry of construction for approval
• All significant changes in the project declaration occur through an additional agreement with all shareholders who have already registered a share participation agreement
• The developer must have land plot either rented or owned. The rental period must be current
• The authorized capital must not be lower than the minimum in terms of its area.
• The project declaration must be drawn up in accordance with the rules established by the Ministry of Construction of the Russian Federation

Authorized capital

Requirements for the authorized capital of a developer are one of the most pressing topics in discussions in the professional community. New amendments to the legislation actually reduce the number of developers who can operate in our country. It is assumed that small developers who are unable to register an increased authorized capital will be able to work as general contractors for large developer holdings.

The authorized capital - this amount that is actually frozen by the developer - can be contributed to it as cash, as well as various equipment and property. The authorized capital can be used to pay off debts in bankruptcy.

Accordingly, large developments, such as the implementation of programs for the construction of microdistricts, can now only be implemented by developers with a very large authorized capital. On the one hand, this guarantees:

• Availability of funds for creditors in case of bankruptcy
• On the other hand, there is the availability of our own equipment for the construction of housing. After all, it is unlikely that any company will decide to freeze hundreds of millions of rubles in its authorized capital

Problems with law

Federal law quite strictly regulates the actions of a legal entity - a developer who has undertaken the construction of multi-apartment housing and the sale of shares by an investor. If the developer decides to raise money individuals, then he must:

• Absent from the register of unscrupulous suppliers
• Absent from the register of unscrupulous participants in government auctions
• The developer should not have arrears or other claims from tax authorities
• The manager and accountant of the developer must not be convicted of crimes in the economic sphere. They should not be subject to administrative sanctions for any actions in the field of construction and overhaul. Also, they should not be disqualified not at the current moment, not earlier, by decision of the executive authorities

Required site

The requirements for the developer’s website have also changed dramatically since 2019. Previously, it was simply said that the developer is obliged to post information about himself on the Internet. Now the requirements have become much stricter. This is called “information openness of the developer.”

• The developer must have at least three links to home page to the internal pages of the site – i.e. the portal consists of pages about objects and pages with project declarations
• The requirements for the developer’s website contain complete openness of information - a person should not have any specific programs other than standard browsers. There should be no mandatory registration, no additional installations of executable files and security systems. There should be no charge for viewing information.
• Project declarations, construction permits, information about the site are posted either in the form of a scanned sheet of document or a full electronic copy
• Documents posted on the website must be endorsed by the head of the organization.
• Encryption of documents is unacceptable - if on the developer’s portal you find files encrypted in an archive, you can send them to the Ministry of Construction - this is a violation of the law.

Now the developer’s website should contain not only current versions of declarations, but also all old versions. You can track the change and understand what is happening with the new building

Agreement

The requirement to the developer to transfer the apartment, deadlines, amount, etc. are contained in the share participation agreement. This document is regulated by Article No. 4 federal law. Primary requirements:

• Must contain a definition of the construction project for which you are acquiring the right to claim. In human terms, this is a description of your future apartment, indicating the area, floor and layout. Loggia, number of rooms - all information is entered.
• The location of the apartment is the address, albeit a construction address, of the future home.
• Deadline for handing over the property to the developer
• Contract price, as well as calculation algorithm. Important - you should not pay the developer before registering the agreement with Rosreestr
• Warranty period for itself apartment house and its individual parts

In addition, the contract must contain information about the apartment building itself. By analogy with an apartment - in a kindergarten you should be able to find out its address, recognize the number of floors, number non-residential premises and in general the plan of the object itself.

All information in the share participation agreement must be in accordance with the current version of the project declaration posted on the developer’s website.

Guarantees

The legislation puts forward requirements for the developer regarding the property. At the same time, in 2019 the situation became tougher, but there were also disadvantages for shareholders.

• The shareholder has the right to go to court and demand both the elimination of defects and for late delivery of the house and various warranty problems
• But at the same time, the equity holder is initially obliged to contact the developer, and filing a claim in court is possible only through the refusal or inaction of the developer.

The developer is not involved in the process warranty repair, if the entire apartment building or individual apartment was damaged due to:

• Natural wear and tear
• Problems with renovations done by the apartment owner himself
• Violations of the instructions for operating an apartment building provided to the investor

Because of the last point, quite a lot of controversy arises. But in fact everything is simple - if Management Company through her actions or inactions she caused problems with the house - then the problem of eliminating deficiencies is a matter of the management company, not the developer. Judicial practice There is no information on this issue at the time of writing.

Adjacent territory

What requirements can be presented to the developer regarding landscaping? If we're talking about about a separate property, then this is cleaning the territory, bringing it into standard form. Individual elements of improvement are prescribed in the project declaration.

There are virtually no requirements for the developer on adjacent roads. If the developer has his own construction activities destroyed this road, then you will have to contact the municipality with a demand to oblige the developer to repair this road. Since the roads common use, even if they are adjacent to the new building and are not the property of the residents, it is impossible to assert the rights to them through civil courts. Only through filing complaints with the administration and prosecutor's office of your area.

Lawyer at the Legal Defense Board. Specializes in handling cases related to appealing illegal actions officials, housing disputes, collection of penalties from developers. Extensive experience in working under 214 Federal Laws.

Buying an apartment on primary market, You get a lot of benefits. Among them, we should note the low cost of real estate, good layout, new communications, and so on. At the same time, the quality and timing of construction depend on the professionalism and reliability of the developer. This is why many are afraid to invest money in primary housing, recalling examples of long-term construction projects and defrauded equity holders. However, the problems of individual developers should not ruin your plans.

To buy an apartment in a new building, you need to choose the right developer. First, study all the information in open sources: publications of analytical publications, real estate websites, reviews of equity holders, realtors, and so on. Today unscrupulous construction companies It is very difficult to maintain the appearance of a good reputation, since injured clients always expose the scammers. Collecting information on the Internet is only a preliminary check. After this, you need to study the developer’s documentation.

Construction is always accompanied by a huge amount of documents. Unscrupulous developers may provide minor documents for review, hiding the most important ones. This is done in order to confuse the client. That is why you need to know what documents the developer should have. These include:

• Constituent documents of the organization. These are the charter, certificates of registration of the legal entity, OGRN and TIN. Pay attention to information about the company name of the organization, its actual and legal address. It is also worth clarifying information about the founders and co-owners. Request information about construction projects, in which the developer participated in the last 3 years. You must be given the addresses of the buildings and actual timing their introduction into operation.
• SRO approval. This document is mandatory for construction companies. It is issued only to members of self-regulatory organizations.
• Construction permit. Sometimes developers are carrying out several projects at the same time, although they have completed the paperwork for only one. That is why you need to check for which object the permit has been issued. It is also important to clarify its validity period.
• Project documentation for the facility. It should be available for review by all potential investors. In addition, the conclusion of the State Construction Expertise must confirm that the documentation complies with established standards and technical regulations. The project indicates the purpose of construction, its stages and timing, the address of the facility, the number of apartments and their specifications, planned cost of work, list of contractors, and so on. This information must correspond to the information provided by the developer.
• Title documents for the land plot. If something is wrong with them, the finished house may not be put into operation for years. Thus, the developer must have a certificate of land ownership or a long-term lease agreement. In any case, you need to check the address, cadastral number and area of ​​the site. If there is a certificate of ownership, then you need to compare its data with constituent documents organizations. If the developer provides a lease agreement, check its duration. The document must be valid until the building is completed and put into operation. It is worth noting that a house is considered long-term construction if the delay exceeds 3 years. That is why the rental period must be generous.
• Financial documentation. The stable position of the organization is a guarantee that the building will be erected with high quality and on time. To analyze financial condition, you need to check the approved annual reports And accounting documentation for 3 previous years. Information on the distribution of profits and losses confirms the efficiency and reliability of the developer better than any words.

The construction organization must present everything without unnecessary red tape Required documents. In this way, she will demonstrate her own reliability and earn the client’s trust. However, you may be refused. Of course, this should alert the buyer. But before leaving the organization’s office, check the credentials of the specialist who refused to provide documentation. Perhaps the problem lies in the incompetence of the employee.

It is also worth noting that the developer must provide original documents or their notarized copies. Photocopies may be fake. That is why it is recommended to contact specialists law firm"Business Real Estate". We will help you inexpensively check all the necessary documentation and conclude a profitable deal!

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