How to take part in the repair of the facade. Acceptance of a new apartment from the developer, what to look for

Buying a home in a new building does not always go smoothly, and the reason for this is often a violation of obligations on the part of the developer. But if the obligations are violated, you can terminate the transaction or demand compensation. Last time we talked about what you can get from a problematic developer when delaying the construction and commissioning of an object, and today we will talk about what you can count on if the quality of the apartment leaves much to be desired and if the developer delays issuing a certificate of ownership.

This article is a reference and information material, all the information in it is presented for informational purposes and is for informational purposes only.

Anyone who has not read our previous article on this topic "", can do it right now, and we move on to another topic.

Fight for quality
Buying real estate in a new building, especially at the initial stages of construction, is always a risk, and not only to be left homeless and without money, or to spend extra years waiting, but also to get a low-quality object. For example, window and balcony frames may be poorly installed (crooked, loose, etc.), partitions may not be laid out evenly, there may be no soundproofing of the walls or the roof may leak, and if the apartment is rented out with repairs, there are even more problems. “Perhaps, few of the developers provided an apartment with perfect quality, always when transferring an apartment, minor and sometimes serious shortcomings are found,” said “” lawyer Oleg Sukhov.

Any signs of a violation of construction technology, of course, should be discussed with the developer, and if the buyer's suspicions of inadequate quality are confirmed, either the elimination of violations or their compensation will be fair, but, as usual, it is not always easy to achieve justice.

In this regard, the law best protects shareholders who have bought an apartment under a shared construction participation agreement (DDU) in accordance with Federal Law No. 214-FZ of December 30, 2004 “On Participation in Shared Construction apartment buildings and other real estate objects and on amendments to some legislative acts Russian Federation". First of all, this document clearly states that the developer is obliged to transfer to the participant shared construction object, the quality of which corresponds to the terms of the contract , the requirements of technical and urban planning regulations, project documentation etc. (Article 7, paragraph 1). And the transfer must be carried out according to the transfer act or other transfer document (Article 8, paragraph 1), and if the shareholder reveals any shortcomings in the housing or he suspects that the technologies and regulations are not followed, he has the right to refuse to sign the acceptance act -transfers, drawing up instead a document (act or defective statement), fixing all the shortcomings of the object (Article 8, paragraph 5).

Therefore, experts advise, first of all, to carefully study the rented apartment: “In practice, representatives of the developer often use the emotional state of the shareholder, who, from the happiness of owning a new apartment, is ready to turn a blind eye to everything in order to quickly get the keys. But when accepting, it is just important to cope with emotions and not rush to sign the act of acceptance, but, on the contrary, carefully examine the property, check whether it complies with the terms of the contract and other requirements of the law for residential premises. If possible, it is worth inviting a specialist or a friend who understands at least something in construction. When accepting an apartment, the main thing is to find the shortcomings and point them out, and if this is not done, it will be difficult to hold the developer accountable, ”says lawyer Oleg Sukhov. Although if the shortcomings are not at all significant, you can forgive them, it is important to understand that they really will not cause future problems. If the flaws are more serious, then you have to fight for quality.

According to paragraph 2 of article 7 of law 214, if the shared construction object was built with deviations from the terms of the contract and / or shortcomings, that is, its quality leaves much to be desired, the shareholder has the right to demand from the developer:

- gratuitous elimination of deficiencies within a reasonable time;
- proportional reduction of the price of the contract;
- reimbursement of their expenses for the elimination of deficiencies.
What exactly to demand is chosen by the shareholder himself, after which he sends a claim to the developer with the chosen option to fix the problem. The easiest way is to require the developer to eliminate deficiencies free of charge, in which case no additional actions need to be taken (for example, to attract a repair team, search for building materials, etc.) and no additional documents. “But to satisfy the second or third requirement, an estimate will be required for the implementation of work to eliminate deficiencies, indicating their cost and the cost of additional materials,” says Vasily Sharapov, lawyer at the City-XXI Century development company, author of the book Protecting Investments in New Buildings.

But the second or third option may turn out to be the most convenient and comfortable, because, as notes Svetlana Savicheva, head of the legal department of the Kyrgyz Republic "Megapolis-Service", in practice, the process of eliminating shortcomings by the developer himself is often delayed, and the quality of housing still remains low, and as a result, the apartment owner cannot stand the nerves and he still takes everything upon himself. In addition, in the second option, if the shortcomings of the apartment are not so significant and the equity holder is ready to put up with them, he has the opportunity to receive money instead of the repairs he does not need so much.

But if the first option is chosen, then the shareholder is advised not to make any compromises: “Until the quality of construction is brought to compliance with the contract and established standards, the shareholder has the right not to sign the act of acceptance and transfer of the apartment, and this should be used,” advises Irina Dobrokhotova, Chairman of the Board of Directors of BEST-Novostroy.

Because of the quality - to court
Improper quality of the object may lead to the termination of the contract. “For example, if the violations committed by the developer require serious costs and he refuses to redo something or delays the deadlines, then it makes sense to apply for independent expertise and submit documents to the court,” recommends Svetlana Savicheva (KR “Megapolis-Service”).

“It is also possible to terminate the contract in the event of a significant violation of the quality requirements or failure to eliminate the identified shortcomings within the reasonable time set by the interest holder,” says lawyer Oleg Sukhov, referring to subparagraphs 2 and 3 of paragraph 1 of Article 2 of Law 214. The procedure in this case is the same , as in the case of termination of the contract due to a delay in the construction and transfer of the facility (see article ""), and the possible penalty is the same: "You can demand the return of all paid Money and interest in the amount of 1/150 of the refinancing rate of the Central Bank of the Russian Federation for each day of using the money - from the date of conclusion of the contract until the moment the funds are returned (paragraph 2 of article 9 of law 214-FZ), ”says lawyer Oleg Sukhov.

“But, however, there is no legal criterion for a significant violation of quality requirements, the legislation does not provide it. The concept of materiality is solved in judicial order in each individual case, Maria Litinetskaya, CEO"Metrium Group" company. “Moreover, even if the developer committed serious violations during construction, for example, performed the insulation technology poorly, it will not be easy to prove his guilt in court.” And if the fault is not proven or the violation of quality is not recognized as significant, the contract cannot be terminated.

Other schemes
It will not be easy for home buyers who bought real estate not through DDU, but according to other schemes, both those permitted by law 214 (through housing cooperatives or housing certificates), and “gray” ones (preliminary agreements, investment agreements, etc.). “So, if the apartment was purchased by paying shares in a housing cooperative or by purchasing housing certificates, the law, unfortunately, is not so clear. The procedure for eliminating deficiencies by a cooperative or a certificate issuer is not regulated, and the norms of the Civil Code of the Russian Federation and investment legislation, as well as the norms of the Consumer Rights Protection Law, can be applied here, - says Vasily Sharapov (City-XXI Century). That is, even if the quality of housing for rent is very low, in voluntary the developer may well refuse to change and repair something, and then you will have to go to court, as well as if you want to break the deal or leave the cooperative. Buyers of habitation under "gray" schemes face the same. However, if the court takes their side (i.e., the side of the plaintiff), you can get the same as the equity holders who signed the DDU. “For example, when terminating the contract, you can demand back the paid investments, as well as interest on the use of other people's funds for the period from the date the investments were transferred to the developer until the date they were returned to the investor. Wherein interest rate is equal to one three hundredth of the refinancing rate of the Central Bank of the Russian Federation,” says Vasily Sharapov (“City-XXI Century”).

Warranty
But if the apartment is transferred to the buyer and the acceptance certificate is signed, then it will not be possible to terminate the contract due to inadequate quality, even if the shortcomings were identified after the settlement. In this case, you can only rely on warranty obligations. And here again, equity holders who signed the DDU agreement are most protected. According to paragraphs 5 and 5.1 of Article 7 of Law 214, a guarantee period is established for shared construction objects, calculated from the date of transfer of real estate under the act. For a dwelling as a whole, it cannot be less than five years, and for technological and engineering equipment that is part of this premises, it cannot be less than three years. And if during this time the owner reveals any shortcomings, then he can present the developer with the same requirements as in the case of detection of shortcomings in an object that has not yet been handed over. In other words, the developer can be required to eliminate deficiencies, reduce the price of the contract and reimburse the costs of independently resolving the issue (see paragraph 6 of Article 7 of Law 214). And if the owner’s demand is not met or its execution is delayed in time, he will have the opportunity to sue.

It is possible to sue under other schemes, but it will be difficult to prove the truth - it is very time-consuming and very nervous, and without a court decision, it is most likely impossible to eliminate the shortcomings of the object.

The Question of Ownership
Today, in most cases, the developer is engaged not only in construction, but also in issuing a certificate of ownership of an apartment after putting the house into operation. “However, according to the law, in accordance with paragraph 1 of Article 12 of Law 214, the obligations of the developer are considered fulfilled from the moment the parties sign the transfer deed or other document on the transfer of the shared construction object. Therefore, the developer is not obliged to participate in the process of registering real estate in ownership, ”says Vera Bogucharova, Deputy Head of the Legal Department of Est-a-Tet. And even more so, he is not obliged to do this with "gray" schemes for the sale of housing. The buyer himself may well apply to Rosreestr to register his ownership right. Another thing is that in practice, many developers do not just offer such a service, but even impose it (this, of course, is not legal, and therefore disputable, but not all buyers agree to argue). “And in this case, developers often act through their agents who provide the relevant services, this happens within the framework of contracts for the provision of services for a fee,” says Daria Pogorelskaya, head of the legal department of MIC Group. And the responsibility to the buyers, strictly speaking, is no longer the developer, but the agent, and this responsibility is determined by the concluded service agreement, the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights, but not by law 214.

But in any case, if the developer or its agent does not fulfill its obligations and delays the deadline for issuing a certificate of ownership, the buyer has the right to terminate the contract for the provision of services and demand a refund of the funds paid, and may also demand compensation for other losses. However, there is no need to rush here, before terminating, you need to understand what is the reason for the delay - it depends on what you can demand from the developer or his agent.

“Most often, the delay occurs not through the fault of the developer, but due to the delay in the approval of the implementation act. investment project in the authorities,” says Vasily Sharapov (“City-XXI Century”). For example, the administration or the general contractor may delay the signing of documents on completion of construction, there may be problems with connecting communications, etc.

“In such cases, if the developer has fulfilled its obligations to build a house, the apartment has actually been transferred, and the buyer already lives in it and bears the costs of paying utility bills, as a rule, it is possible to register the apartment as a property through the court. If the claim is satisfied, the ownership right will be registered by Rosreestr on the basis of a court decision, so no documents will be required from the developer, ”says lawyer Oleg Sukhov. But to demand any compensation from the developer for delaying the deadlines, most likely, will not work.

“But if the reason for the delay is the unfair actions of the developer himself, for example, the requirement to pay the costs of maintaining the common property and utility bills that the developer has incurred from the moment the house was put into operation and until the transfer of the apartment to the shareholder, or the requirement to pay the difference for extra square meters, then it would be appropriate to go to court with a claim for recognition of ownership of the apartment, recovery of a penalty (1/150 of the refinancing rate from the date of signing the contract for the provision of services until the date of reimbursement of funds. - Ed.) and non-pecuniary damage. Moreover, if a corresponding claim was sent to the developer before the court, the court will collect from him a fine in the amount of 50% of the penalty awarded on the claim (clause 6, article 13 of the Consumer Rights Protection Law),” says lawyer Oleg Sukhov.

“And it should be noted that last years lawsuits in such cases have become a fairly common practice, so the consideration of applications for recognition of ownership of a new apartment building takes place according to a well-defined scheme - quickly and painlessly for the equity holder (buyer),” notes Irina Dobrokhotova (“BEST-Novostroy”), and in the majority cases, the court decides in his favor. True, when using “gray” schemes, problems with evidence may arise, and sometimes very slippery moments come up, for example, it turns out that the house was built illegally in general. However, there are not so many such cases.

And it’s also worth noting that “if an investor finances construction by paying shares in a housing cooperative, then according to the law, he acquires ownership of the apartment from the date when the last share is paid (that is, all shares are paid),” explains Vasily Sharapov ("City-XXI century"). And in this case, the help of the developer in issuing a certificate of ownership is even less relevant, although in order to dispose of the apartment, the shareholder also needs to register ownership in Rosreestr. But it is better to do it on your own, then you will not have to worry about the violation of obligations by intermediaries. In general, this principle should be followed with other schemes for the sale of housing - as far as possible, then there will be no need to sue.

Although the court is not so terrible as many people think. And in the continuation of this topic, the portal will tell you what is needed in order to go to court, whether it always makes sense and what can still be recovered from a negligent developer, in addition to funds already paid for real estate.

The developer's guarantee in case of buying an apartment in a new building is required. In this text, we will consider the main laws that govern this obligation, clarify the timing and tell you what to do if a situation arises when you have to make a claim to the developer to eliminate defects under the guarantee.

In modern legislation, any purchase of an apartment in a house under construction (or rather, share in construction) is regulated by the provisions of FZ-214 - the law on participation in shared construction of apartment buildings. Additionally, it is necessary to take into account the norms of civil law - Art. 469 - 478 of the Civil Code of the Russian Federation. The consumer protection law also helps protect the rights of the shareholder.

What is the builder's warranty?

To understand what the developer's guarantee covers, let's study the seventh article of 214-FZ. The first paragraph clearly states the obligation of the developer to transfer the object (apartment) to the shareholder, and the quality of this object must comply not only with the points specified in the equity agreement, but also with other technical regulations and urban planning regulations.

Law No. 214 protects equity holders who have entered into an equity participation agreement with the developer.

Therefore, if you are planning to purchase by promissory notes, shares or other forms, then think twice. Indeed, in this case, the claim to the developer for an apartment building will be regulated precisely by the Civil Code of the Russian Federation, without assistance from the relevant federal law. See. And even in this case, you need to understand that each situation is individual, and carefully study the judicial practice.

What guarantees can a shareholder expect?

Builder's warranty new house includes two types of obligations. So, within three years, you can apply with a claim to the developer to eliminate defects under the guarantee for various engineering structures and other technological equipment. The list itself includes common system or its constituent parts:

• ventilation shafts and equipment;
• elevator system and related equipment segments;
• heating common house system;
• Housing and communal services systems are structures with the help of which water, gas and electricity enter the house.

It must be understood that the developer, unless otherwise specified by the contract, is responsible for the in-house systems. Therefore, if, for example, there are problems with gas pipes in the yard, then you will have to separately prove that the developer is related to this.

After the delivery of the new building within five years, it is possible to demand the elimination of defects by the developer under the guarantee of objects that affect the structure of the building.

• Defects and problems with the walls - both outside and inside. This also applies to the condition of the entrances.
• Problems with the facades of the building - falling off the cladding, poor-quality materials, due to which the facade is constantly wet, and other problems.
• Problems with the supporting structures of the building. The most common flaws are with ceiling tiles and their sagging in apartments.
• Defects in the default double-glazed windows and iron doors in the apartments.

In Art. 8 FZ-214 clearly states that the equity holder must require the developer to sign an act of non-compliance of the object being handed over building requirements Part 1 and Part 7 of FZ-214.

Also, the shareholder must refuse to sign the transfer deed. Therefore, if the developer claims that he will fulfill contractual obligations later, but at the same time demands to accept your apartment, feel free to refuse. This will help you to achieve in court the enforcement of claims against the developer under the guarantee. Although if warranty claims arose after receiving the apartment, it's okay - but more litigation.

What does the builder not guarantee?

For a layman in the law, it can be difficult to figure out what is covered by the builder's warranty and what is not. It states that the developer is responsible for capital defects. But there is one trick that real estate lawyers use.

After the house is handed over, the responsibility for its internal condition is managing organization. There is a list of requirements for their work. So, CCs are responsible for:

• current wear and tear and reduction in performance of various in-house equipment and systems;
• behind correct use premises general purpose and property in common property;
• for broken equipment and structures that are accepted without claims from the developer with the help of an act of acceptance and transfer of house property;
• for following the recommendations of the installation instructions household appliances and plumbing;
• for the termination of emergency situations with heating and sewer systems, for the correct operation of ventilation and drains.

In total - if the identified shortcoming is not included in the above points, then you can study the documentation and try to make a claim to the developer.

Terms of fulfillment of warranty obligations

There is a common misconception that the builder's guarantee is supposedly valid for 5 years. Actually it is not. As mentioned above, this period applies to common house structures. Engineering - 5 years. But on the condition of the roof - 10 years.

If the claim is identified and the developer has agreed to eliminate the deficiencies, then in accordance with paragraph 2 of Article 7 of 214-FZ, the developer must eliminate the deficiencies “within a reasonable time”. Unfortunately, what is a reasonable period of time is not spelled out in the law, so each case must be considered individually. Usually it is 30 days, but the period can be extended.

In order to find out the term of elimination in each specific case, experts analyze similar services on the market. And they are guided by the average period for which third-party organizations offer to perform such work.

How to file a claim correctly?

We have already found out what the guarantee for a new building covers and for how long. Therefore, do not be afraid to file, even if warranty claims arose after the delivery of the house, the acceptance of the apartment and other actions related to your ownership ().

Detected claims can be submitted both to one tenant and to use a collective claim. The same can be done in the case of filing statement of claim to the court - anyway, the judge, if necessary, can combine several claims into one consideration.

The first thing you do after finding flaws is to capture them in a photo or video. File a claim with the builder. In the claim, you describe in detail the shortcomings, the way they are detected (). It is advisable to refer to normative document confirming your requirements. For example, if you accepted a house in the summer, and in the winter it turned out that the apartment is very cold, find the government decree of your region, which should indicate the temperature standards of residential premises in apartment building. The developer must submit a claim on his own or by sending mail with a description of the contents. On the second copy, you need to get a mark from the developer's representative about the delivery of the claim with the current date.

The response time may not be later than 10 days. It’s best to write like this “In accordance with the Consumer Protection Law, I ask you to provide an answer to writing within no more than 10 business days.

You need to understand that the developer can refer to civil Code, answer you and ask for more time to check the information - this is an adequate process, since the developer will need to check whether the identified deficiencies fall within his area of ​​​​responsibility, or is it the prerogative management company. If you first contact the Criminal Code - and this is exactly what you should do - and attach the response of the Criminal Code to the claim, then the developer will not have such an opportunity.

Having started interaction with the developer, we recommend that you draw up an act in which you need to indicate all the shortcomings in the construction apartment building. If the developer refuses to sign it, it's okay, just make two copies, sign them and send one to the developer by mail, remembering to keep the receipt.

It should be understood that in accordance with Article 7 of the Federal Law-214, you have the right to demand:

How to force builders to eliminate shortcomings?

If the developer refuses to voluntarily eliminate all the defects identified by the apartment owners, we recommend that you immediately go to court. In addition to the above requirements, you can try to get a penalty from the developer.

It should be borne in mind that lawyers often confuse the rules for collecting penalties under 214 FZ for failure to meet construction deadlines and the rules for collecting penalties under the consumer protection law for failure to fulfill warranty obligations.

Clause 5 of Article 28 of the last law clearly states that the consumer can claim damages for violation of the deadlines for the completion of work (this is more than 45 days after the filing of the claim). Penalty is collected for each day. And its size is determined from the price of the service. Often in claims they put 3% of the full price multiplied by 1/300 of the refinancing rate of the Central Bank of the Russian Federation. It’s better not to be smart here - the judge will still calculate the penalty according to the law, based on your specific case.

In judicial practice, there are cases when residents were helped by examinations performed by third-party impartial organizations that proved the developer's dishonesty. If the court is won, then the apartment owners will receive the money spent on experts back, along with other court costs (part 1, article 98 of the Code of Civil Procedure of the Russian Federation).

Lawyer of the Board of Legal Protection. Specializes in handling cases related to the appeal of illegal actions officials, housing disputes, recovery of penalties from developers. Extensive experience in the 214 Federal Law.

Hello, dear readers of the "site"! Many people dream of buying an apartment in a new building, in which no one has lived before you. However, not everyone knows what nuances can be when buying an apartment in new buildings and what you need to know before buying an apartment from a developer in a house under construction or already commissioned. That is why we decided to devote today's publication to this topic.

After reading the presented article from beginning to end, you will also learn:

• What are the advantages and disadvantages of buying an apartment in a new building;
• Is it worth buying an apartment with finishing from the developer or is it better to do the repairs yourself;
• How to buy an apartment in a new building correctly (what steps will you have to take to do this);
• Is it much cheaper to buy apartments in houses under construction and how risky it is.

Also in the article you will find professional advice for those who want to buy an apartment in a new building, and answers to questions that most often arise.

The presented publication will be useful not only to those who are already going to buy a home in a new house. We advise everyone who wants to improve their financial literacy to study it.

So here we go!

About how to buy an apartment in a new building from a developer, what you need to pay attention to when buying an apartment in a house under construction, is it profitable to buy a new apartment with finishing - read in our issue

1. Buying an apartment in a new building - the main pros and cons 📊

Many people dream of buying an apartment in a new building. However, before deciding on such an acquisition, it is worthwhile to carefully study what are Benefits And limitations buying housing in new buildings.

➕ Pros of buying a new apartment

Experts assure that the value of apartments in new buildings is twice as high as secondary housing. This is due to the large number of their advantages.

Among the main pluses (+) the following can be noted:

1. Apartment security in new buildings meets modern requirements. To ensure it, a number of systems can be installed at once - fire, alarm, video surveillance.
2. Cost per square meter of apartment in a new building is often lower ↓ than in the secondary housing market.
3. Legal transparency of the transaction. An apartment in a new building almost certainly has no dark past. The risk of fraud and fraud in transactions with such housing is much lower.
4. Individual layout and design. For clearance new apartment according to your own taste, you will not have to get rid of old furniture and wallpaper, as well as carry out other alterations. Moreover, some developers even offer to place the walls in the new apartment in accordance with the needs of the buyer.
5. Comfort. In the construction of houses today, modern materials are used. The layout also meets the needs of modern man. New buildings also feature new communications, equipped entrance, modern elevator, ramps for prams and disabled people. Often also provided autonomous heating of houses.
6. Profitability. In most new buildings, payment for heating is carried out by meters. Together with the high quality of hydro- and thermal insulation, as well as high-quality double-glazed windows, this allows you to save a lot.
7. Quality of landscaping. For most new buildings today, already at the design stage, parking, heated parking, playgrounds, comfortable sidewalks, comfortable yards.
8. Variety of plans. When buying an apartment in a new building, you can choose its design in accordance with your needs. Today, apartments differ not only in the number of rooms, but also in the presence of storage rooms and dressing rooms. Moreover, you can choose options with several balconies, combining the kitchen with the living room.

It is thanks to these advantages that apartments in new buildings are invariably very popular.

➖ Cons of buying an apartment in a new building

In spite of a large number of obvious advantages, there are a number of disadvantages of buying an apartment in a new building.

TO minuses (−) New home purchases include:

1. Registration of ownership can take a lot of time and effort.
2. Repair. This minus has 2 important aspects. Firstly, the new apartment will have to be renovated. Despite the absence of old furniture and wallpaper, this inevitably entails certain inconveniences and additional expenses. Secondly, the settlement of new buildings is usually carried out gradually, therefore, at first, repairs can be carried out at the neighbors. It also creates a lot of inconvenience.
3. Outback. Often new buildings are located in new areas. This can lead to problems with transport and infrastructure accessibility.
4. Possible interruptions in heating, water supply and alarm. They may occur at the beginning of the operation of a new building due to the need to debug engineering systems.
5. financial risk. When purchasing an apartment in a new building, special attention should be paid to the reliability of the developer. Its financial instability can lead to the loss of invested funds.
6. Commissioning. If the construction of the house is not completed, before moving into a new apartment, you will have to wait until the house is put into operation. Often these deadlines are shifted, causing tangible inconvenience.

If you decide to buy an apartment in a new building, the choice of a house is of great importance. Since no one has lived in it before, it will not be possible to find reliable reviews.

To make the choice successful, you will have to focus on a large number of parameters:

1. Ecology and noise. When choosing a house, you should ask about the proximity of factories and busy highways;
2. Location. It is important to determine for yourself how convenient it will be to get to work, to friends and relatives. If there is no car, you should find out what public transport is available in the area under consideration, how often it runs, how far the stop is from the new building;
3. Infrastructure. Of great importance is the availability of all necessary organizations - kindergartens, schools, pharmacies, clinics, shops;
4. Yard improvement. It is important to assess the availability and quality of sidewalks and parking spaces near the new building. If there are children or their appearance is planned, you should pay attention to playgrounds and ramps for strollers;
5. Exterior of the house is also of great importance. You should not buy apartments in new buildings if there are cracks on the outside or inside. This fact may indicate the use of low-quality materials in the construction or a violation of technology;
6. Communications. Before buying an apartment, it is worth checking the quality of pipes and electrical wiring, water pressure and other communications in the proposed options;
7. Floor. Experts do not recommend buying an apartment on the first and last floors due to the close proximity of the basement or roof. It is also important to remember that elevators are sometimes turned off. If this happens, you will have to walk home. Therefore, the apartment should be on a floor where you can easily climb ( especially if you plan to live with the elderly and children);
8. Building type. Modern new buildings are diverse. Depending on the type of materials used, they have their own Benefits And limitations . Monolithic houses they are distinguished by increased strength, but often require additional heat and sound insulation. Panel new buildings attract with smooth walls and relatively low cost, but often they have a very low ↓ level of sound insulation. Brick-monolithic houses warm, with increased sound insulation, but apartments in them are more expensive ⇑, moreover, with insufficient heating, increased humidity may be observed;
9. Apartment type. It should be borne in mind that it can be quite cold in the corner and end apartments. They should be chosen only in the case when insulation is supplied to the outer wall. Ideally, windows should face east or west. In this case, there will be a large amount of natural light without direct sunlight;
10. The condition of the apartment. It is important to make sure that there are no traces of mold and fungus in the purchased housing. It is also worth checking the quality of windows and doors.

👉 Thus, when buying an apartment in a new building, you should take into account all the advantages, disadvantages and other features of the purchased housing. It is important that it is of high quality and suits you in all respects.

What to look for when buying an apartment in a new building from a developer

2. What you need to know before buying an apartment in a new building from a developer - 6 important points to pay attention to 💎

When purchasing an apartment in a new building, it is important to consider a few points. This will help you avoid a lot of problems. Detailed below, what to look for first of all when buying an apartment in a new building from a developer .

What type of contract does the developer conclude with the client

A clear advantage is the design equity participation agreements between developer and buyer. It is important that such an agreement be registered in Regpalate .

According to federal law 214-FZ, it is equity participation agreements that have priority over other agreements. In accordance with the law, in the event of bankruptcy of the developer, at the conclusion of the said contract, the client's claims are considered secured by a pledge.

The share agreement helps to protect yourself from the double sale of the apartment. Moreover, the conclusion of such agreements automatically means that the developer has a building permit, land documents and other documentation is also in order.

Often, developers at the initial stage of selling apartments in new buildings conclude preliminary agreements . Upon completion of the registration of permits, such agreements are re-registered for equity participation agreements.

Only buyers of apartments can make the final decision whether to agree to a transaction under schemes other than signing an equity agreement.

• On the one side, other types of agreement are more risky. However, it is worth recognizing that there are many people who have acquired a new home in this way.
• On the other hand, and participation agreements cannot give a 100% guarantee. Quite a few deceived Russian equity holders entered into just such an agreement.

Thus, the share agreement, without a doubt, is a serious advantage. but it cannot be the only criterion for assessing the reliability of the developer.

Developer reputation

Before you pay for an apartment in an unfinished house, you should find out what is the reputation of the company building it.

To this end, it is worth knowing:

• how many houses have already been commissioned;
• whether there have been problems with construction or commissioning in the past, and if so, what kind;
• who is the founder of the developer ( some companies for a new building register a new entity to hide past problems);
• who is behind the developer - well, if it is a serious company with a clean reputation, if a politician - it is worth finding out if he will be removed from his post in the near future.

The degree of readiness of the new building

This indicator is of great importance. Even if the developer's documents are in order, and the reputation is perfect, there is a risk that the house will not be put into operation for a long time.

In addition to external readiness, it is worth evaluating level of communication . Even if the developer's representative claims that the house already has electricity and water supply, it is worth asking to demonstrate this fact in order to verify it personally.

If you are refused for any reason, it makes sense to visit the construction site unaccompanied and talk to the builders. They are usually not instructed in how to communicate with clients. Therefore, builders can often find out reliable information about the summing up of communications.

Experts advise also register for forum dedicated to the construction of a particular house. They usually discuss issues of summing up communications. In addition, from communication with equity holders, you can learn about other problems of construction.

Even in cases where the new building is already completely ready at first glance, the lack of electricity and water supply increases the risk ⇑. Some new buildings have been waiting for communications for years.

Is the house under construction in question accredited by the bank

Before entering into shared construction, it is worth asking if the chosen house is accredited by banks. It is also important to ensure that the accreditation is sufficiently recent and current.

It is worth finding out how many large well-known credit organizations trust the developer:

• The house is not accredited by any bank , this may indicate a problem with the builder.
• New building approved by a major bank, having solid financial resources. With a lack of funds from the developer, it is easier for such a credit organization to issue him a loan than to allow the construction to be frozen.
• Ideally, the house should be accredited by several lending institutions , and not just a bank that serves the developer. Do not forget that in case of bankruptcy of a construction company, banks run the risk of not returning the funds issued to it. Therefore, they will do everything to prevent this.

By conducting accreditation, banks with a good reputation in without fail check all permits for construction. But the presence of such approval should not be considered a 100% guarantee. Cases are known when even accredited houses and remained unfinished.

The fact is that some banks, in order to save the funds previously invested in the developer, are forced to issue approval for their homes. That is why this parameter also cannot be considered separately from all other characteristics.

Investment attractiveness

Not everyone understands the connection between investment attractiveness and the degree of risk of buying in a new building. In fact, participation in shared construction can be compared with. Its construction largely depends on whether there are buyers for apartments in the building in question.

If there are few people willing to buy housing ↓, the risk of unfinished or long-term construction will increase significantly. However, investment-attractive houses usually do not have problems with buyers.

To evaluate this indicator, you should pay attention to the following parameters of the new building:

• location of the new building;
• availability and number of parking spaces;
• transport accessibility;
• proximity to schools, kindergartens, clinics, shopping centers, parks;
• assessment of the neighborhood as a whole for proximity railway, major highways, factories.

When evaluating investment attractiveness The apartment itself should pay attention to the following indicators:

• ceiling height - the higher this indicator, the more comfortable it is in the apartment;
• wall thickness - thin ones can freeze through and have poor sound insulation;
• location of lift shafts - if they are adjacent to the walls of the rooms, the elevator can be heard in the apartment;
• window arrangement - natural lighting, as well as the view from the apartment, depends on this factor;
• thickness of interior walls affects the sound insulation inside the apartment;
• floor - the first and last are not popular (it is not easy to sell an apartment located on them). The higher the housing, the cleaner the air and quieter, but it should be borne in mind that if the elevator breaks down, you will have to walk home.

You should also take into account building type . Panel houses are erected quickly enough, so there are rarely delays with them. In contrast to them, monolithic construction problems may arise due to the nature of the construction.

P.S. On our website there is a separate article about, where we talk about all the nuances of investing in real estate.

👉 If you want to buy an apartment in a new building, you will have to take into account a large number of factors. It makes no sense to consider them separately. A reliable result of the analysis can be obtained only when considering all factors in the aggregate.

More information on how to prepare for - in our special material.

Step-by-step guide on how to buy an apartment in a new building (4 easy steps)

3. How to buy an apartment in a new building correctly - step-by-step instructions for buying a home from a developer 📝

Before becoming the owner of housing located in a new building, you will have to choose area in which it will be located. It is also necessary to determine the various characteristics of the apartment.

Most often, housing in new buildings is purchased at the construction stage, that is, before the house is put into operation. When making such a purchase, it is important to mentally prepare for the fact that the actual terms of settlement can be shifted.

• Firstly, there is always a chance that the developer will not have time to put the new building into operation by the named date.
• Secondly, if the apartment is purchased without interior decoration, you will have to spend time on its repair.

In order for the choice to be correct, and problems to arise as little as possible, you should use the following instruction .

Step 1. Study at home and check documents

The cheapest way to buy an apartment in a new building is at the stage of excavation. The cost of housing in this case will be approximately ¼ below ↓ than after completion of construction.

At the same stage, it is possible to discuss with the developer planning And the size of the future apartment. However, this option is the most risky, because there is no guarantee that the house will be handed over:

• The developer simply may not get a building permit.
• The company may not have enough money to build a house.

Besides, problems with documents can arise even when several floors are built. The result may be construction freeze. This process can be not only temporary, but also permanent.

In order to minimize the risk, it is necessary to familiarize yourself with new building construction project and also check reputation developer company. Unfortunately, this does not completely eliminate the possibility of problems. However, the probability of a positive outcome with careful analysis will be higher ⇑.

Options for checking the developer's company may be different:

1. Do a check using the internet. You need to find information about the builder in in social networks , on the forums and other sites. It always contains a lot of information if buyers of apartments suffered during the construction of houses;
2. Appeal to the bank with an application for a mortgage on an apartment in a new building. That one more is enough effective method builder checks. Before agreeing to lending, banks always conduct a thorough check of the developer. Loans are issued for the purchase of apartments only if the documents of the construction company ( including new building) are in perfect order.
3. Use the services of a professional lawyer. He will analyze information about the house, design, financial and other documentation, permission to erect, the legality of registration of the land plot in ownership. Independently check these documents, without having a legal education, almost impossible.

Step 2. Registration of the contract

If there is confidence that the documents are in order, the borrower's reputation has no problems, the selected apartment meets all needs, you can proceed to the execution of the contract.

There are 3 main options for buying an apartment in a new building, depending on the type of documents being drawn up:

1. Acquisition under a share agreement. It is concluded directly with the developer. Experts do not recommend agreeing to the deal preliminary agreement. Such an agreement does not match current legislation. Preliminary agreement not registered in Regpalate and therefore more risky.
2. Under an assignment agreement. Such an agreement is concluded when purchasing an apartment from co-investor or owner who resells it. Such contracts are governed by several legislative acts. Therefore, they often lead to disputes. By an assignment agreement, the parties can fix a deal that provides for the possibility of acquiring a finished apartment in the future or equity participation directly in the construction process. In the latter case, state registration is required. The buyer is left with: a copy of the assignment agreement, confirmation of the transfer of money, the written consent of the developer, as well as act of transfer of documents.
3. Purchase under an agreement concluded with a housing construction cooperative. The housing cooperative is formed through an agreement between future apartment owners. Acquisition of housing in this case is carried out through payment share. Such a procedure in government bodies not registered. Therefore, despite its legality, it is quite risky.

Money should be transferred only after the contract is concluded. In the first two cases, you should also wait state registration. In some cases, prepayment is provided, the remaining amount is transferred later. This fact should also be reflected in the contract.

In order to carry out state registration of the concluded contract, it is necessary to present the following documents:

• direct contract;
• design documentation for construction;
• certificate of ownership land plot to be built;
• passports of the parties concluding the agreement;
• declarations of the parties to the treaty;
• cadastral plan;
• plan of the object under construction, containing the address, information about the number of storeys and the number of premises;
• building permit.

In some cases, other documents are also required.

When signing the contract, it is important to pay attention to the following points:

1. construction completion date;
2. the term for the transfer of the apartment to the property, as well as the documents necessary for its registration;
3. terms of termination of the contract;
4. obligations of the parties, the consequences for their violation.

It should also be remembered that a separate clause in the contract should be highlighted fixed price per square meter purchased apartment.

Step 3. Getting the apartment and keys to it

When purchasing an apartment in a house under construction, it is important to understand that from the moment it is put into operation and until the apartments are handed over to the owners, up to 3 months . In this period construction company receives technical certificate for a new building, and also coordinate the layout with BTI.

Before you sign act of acceptance , the owner must carefully inspect the purchased apartment. If at the same time any shortcomings or deviations from the project are revealed, the developer should be required to eliminate them or pay compensation.

This requirement applies to engineering networks. If they are not connected or do not work at the time of accepting the apartment, you should not sign the act of acceptance and transfer until the problem is fixed.

Some construction companies require apartment buyers to sign an act, giving a verbal promise to eliminate the shortcomings.

In such a situation, you can act at your own discretion, but experts advise get from the builder written consent to eliminate deficiencies. However, if there is such an opportunity, it is better not to sign the act until all problems are resolved.

When the acceptance certificate is signed, and the keys to the apartment are handed over to the owner, the calculation of utility bills . At the same time, the obligation to pay for the following services is legally fixed:

• after the organization of the HOA;
• after signing an agreement with the operating company.

In practice, this takes time, during which the costs are borne by the developer. Therefore, buyers are usually required to pay public Utilities a few months ahead usually no more than 4 ).

Experts do not recommend moving into the purchased apartment, as well as repairing it until it is received property registration certificate . Until that moment, the apartment will be inspected by BTI employees and, if they find a discrepancy between the apartment with the condition it was in when the house was put into operation, they may demand that the premises be returned to their previous appearance.

Step 4. Registration in property, registration

To register an apartment in the property, you will have to contact registration chamber . This can be done either through an experienced lawyer or on your own. In the second case, the costs will be lower↓, but it will take a lot of time and effort.

To register an apartment as a property, you must provide act of acceptance And commissioning decision.

When will be received state registration certificate, you can register in the apartment. For this you need to contact FMS .

This will require the following documents:

• application for registration in a new apartment;
• the passport;
• extract from the former place of residence;
• certificate of state registration of property.

👉 When all the steps are completed, the procedure for acquiring housing from the developer can be considered completed.

4. Buy a new apartment from a developer or through a real estate agency - which is better? 📑

To purchase an apartment in a new building, you can contact the developer or realtor. It all depends on your goals and preferences.

• If the house has already been selected, and the buyer is confident in his decision, you can go directly to the builder.
• If there is any doubt I want to compare several options or the buyer is looking for where it is profitable to invest in construction, you should contact the agency.

In any case, it should be remembered that each of these options has both Benefits, and limitations. Let's consider them in more detail.

🏗 Purchasing an apartment directly from the developer

It is quite natural that in the office of the developer, the buyer is offered only apartments in new buildings of a specific construction company. They cannot sell an apartment in another house here. Buyers will not be told about the shortcomings of their houses here, but they will be happy to share negative sides other developers.

It should be borne in mind that construction companies usually give discounts only for illiquid apartments that are not in demand. It is also impossible to purchase real estate by assignment of rights here.

☎ Purchasing an apartment through an agency

At the same time, there is much more ⇑ choice than directly from the developer. Moreover, the agency will honestly talk about the advantages and disadvantages of each new building. And if you need to sell an existing apartment or room, the agency will help with this.

They also provide advice on and support in its design. In most cases commission the developer pays for the services of the agency, they are free for the buyer.

5. What is more profitable: to buy an apartment in a building under construction or in an already commissioned one? 📄

The cost of an apartment in the same building can vary significantly depending on the stage of its construction. Can be distinguished 4 main purchase options depending on the stage of construction . Let's take a closer look at everything Benefits And limitations each of them.

At what stage of building a house is it more profitable to buy an apartment - let's look at all the options and find out all the pros and cons

Option 1. Before the start of sales

Some developers offer to purchase an apartment even before the start of sales. This will keep the cost to a minimum. Thus, you can buy an apartment in a new building inexpensively.

In accordance with the law on construction, developers have the right to start selling apartments only after how it will be arranged conclusion on compliance of the Ministry of Construction.

In practice, some construction companies begin negotiating with potential buyers before this stage. booking contracts . With such an agreement, the buyer confirms the intention to purchase an apartment, and the developer in return provides minimum price. The buyer pays for this service. 10 -50 thousand rubles .

There are several advantages (+) of the booking agreement:

• lowest cost , in some cases, you can buy real estate almost at its cost;
• low risk of making a deal – if the conclusion of an equity participation agreement does not follow, the funds contributed will be returned to the buyer ( it is important to ensure that this is spelled out in the agreement);
• maximum choice - you can choose an apartment with your favorite layout and choose a convenient floor.

Despite the serious advantages, the purchase of housing at the stage of booking has a number of disadvantages.

TO minuses (−) may include the following:

• there is no guarantee that the transaction will eventually take place;
• not always the amount paid under the booking agreement goes to pay for the apartment, in some cases it’s just commission for the service (all this is prescribed in the contract).

Booking agreements do not need to be registered with Rosreestr, so you need to study them as carefully as possible even before signing.

In some cases, dishonest construction companies enter into several such agreements for one apartment. As a result, the buyer may be left not only without the housing he likes, but also without the money paid. In addition, precious time will be lost.

You can protect yourself by making sure that the booking agreement contains refund clause.

Option 2. Stage of excavation

When the permit documentation has been prepared, the developer proceeds with the implementation of the zero stage of construction, which is otherwise called excavation stage .

At this point, the preparation of the foundation begins. Statistical data show that it is at this stage that almost 1 /3 all future apartments.

Among the advantages of acquiring at the stage of excavation are the following:

1. undervalued – compared to the price of apartments in a commissioned house, the difference can reach up to 20 -30 % (depending on the region);
2. a large selection of layouts, number of storeys and other parameters of the future apartment – first buyers usually occupy the best properties;
3. possibility of installment (You can pay in most cases without interest).

However, there are a number of disadvantages of buying an apartment at the excavation stage:

• waiting for settlement for several years;
• risk of construction freeze ( for example, in the absence of demand for apartments or an increase in the costs of the construction company for various reasons);
• the risk of changing the project of a new building or its number of floors - the fewer floors built, the higher the risk;
• double expenses until the house is put into operation - for rent and installment or mortgage payments;
• it is possible to postpone the completion of construction and the delivery of a new building.

Option 3. The new building is half ready

For those who do not want to buy real estate at the stage of excavation, considering such a purchase too risky, there is an option - to invest in an apartment when the house is ready half . The probability of a construction freeze at this stage is significantly reduced ↓, while the cost of apartments remains reduced ↓.

Among the advantages of acquiring apartments in new buildings, half-finished, the following can be distinguished:

• more short term expectations of the apartment compared to previous options;
• the cost is lower than in the finished real estate market;
• there is an opportunity to check the progress of construction and its compliance with the deadlines;
• the probability of a construction freeze is significantly lower ( but still it persists).

The disadvantages of buying an apartment in such houses are as follows:

• the cost of the apartment is higher by about 15 % than when buying at the stage of excavation;
• most good options usually already dismantled;
• the likelihood of an increase in the commissioning of a new building remains.

Experts do not recommend purchase apartments if the developer unexpectedly significantly reduced the price ⇓. Often this indicates a lack of finance to complete the current construction.

To minimize the risk of an increase in the commissioning time of a new building, you can check if it is accredited by banks when choosing it. Large financial institutions before approving a house under construction, they check the documents both for the house being built and directly for the construction company itself.

Option 4. The house was commissioned

It is the least risky to buy real estate in houses that have already been put into operation. However, in this case, the cost of the apartment will be maximum. Of course, you can use share offer, or ask the construction company to do discount. But in any case, the savings are unlikely to exceed 5 %.

The advantages of buying this option are as follows:

• the transaction is safe, as the new building is completely ready and put into operation;
• settlement can not be postponed for a long time;
• at the time of purchase, the buyer can already see how the new building corresponds to the project, what is the quality of the house, as well as the territory and infrastructure adjacent to it.

Despite the large number of advantages, buying an apartment in a finished house has some disadvantages:

• the cost is higher than in a house under construction;
• most likely within the next 1 -2 For years, the neighbors who are doing repairs will be a source of concern.

Experts from one of the largest banks in Russia conducted an analysis and found that, on average, 2016 -2018 years, the period of construction from the moment of its commencement to completion is 2 years . In most cases, it is sold in the first year 50 % of all apartments.

In this case, the volume of sales is determined reputation construction company, and home construction region. For the largest developers 50 % of apartments are sold out already within 9 months .

In the second half of the construction, more about 30 -35 % . The remaining property is sold after the commissioning of the new building. Such statistics are typical for the market of economy and comfort class apartments.

Buying an apartment in an unfinished house, it is important to understand that the settlement is not carried out immediately after the completion of the construction process. For commissioning, connection to engineering systems, property clearance can go up to 12 months.

In any case, you should compare the options described above and choose the one that suits you best. To make the analysis easier, their main features are presented in the table below.

Table: "Features of various options for buying a home depending on the stage of construction"

The above table will help you compare the options for buying an apartment in a new building and choose the most suitable one for you.

Which is better to buy an apartment: with or without decoration?

6. Is it profitable to buy an apartment with finishing in a new building 📋

According to statistics, the demand for apartments in new buildings with finished decoration . First of all, this is due to the desire of buyers to optimize costs as much as possible. Self-renovation of a purchased apartment is always very expensive. Apart from financial costs it takes a lot of time and effort.

The sale of apartments with a ready repair has begun in the middle 2 000 years. At that time, the market experienced a reduction ↓ in demand for real estate.

In order to attract customers, construction companies began to sell apartments with finished decoration. Some of them have gone even further and started to develop various design solutions, offering refurbished apartments in a certain style.

When choosing a renovated property, experts recommend paying attention to finishing cost. The optimal price is called within 10,000 rubles per square meter. If repairs are more expensive, many buyers refuse such a service.

Traditionally, there are 2 main stages of finishing apartments:

1. Black finish. In general, this concept means the complete absence of any finish. Such a repair implies the presence of only the basic elements: Entrance door, double-glazed windows, as well as heating system. In some cases, they also set interior doors. The buyer of the apartment will have to level the walls, glue the wallpaper, do the electrical wiring and others on their own. necessary work. Only after they are completed will the property be ready for occupancy.
2. Clean finish. In this case, the repair is made by the developer, its cost is included in the price of the apartment. Finishing includes: painting walls, wallpapering, laying linoleum or parquet. Bathrooms and toilets are tiled or walls are painted.

Fine finishing from the developer is suitable for those buyers who do not have time for self-repair or they do not have the money to do so.

It is also important to remember that recently Construction Materials have risen in price significantly. At the same time, the level of income in most cases did not change. That is why buyers prefer to purchase apartments with a ready repair.

📟 The experts considered that when buying a two-room apartment with a fine finish, you can save about 200 -400 thousand rubles. Of course, this amount is approximate and may vary significantly.

On average, you have to pay extra for repairs 5 -10 % of original cost. But the final amount is usually less than ↓ than the cost of self-repair.

Another advantage apartments with a fine finish - opportunity to move in immediately . Also, often such apartments are purchased by those who invest money in real estate with a view to their subsequent rental.

7. Useful tips for those who want to buy an apartment from a developer in a new house 🔔

To avoid possible problems when buying an apartment from a developer, experts recommend seeking help from professional lawyers . Of course, this entails additional costs. Therefore, it will not be superfluous to use the advice of experts below.

Tip 1. Check the builder carefully

Verification of the builder takes a lot of time. At the same time, you should not rely only on information on the Internet. Even if there are no negative reviews about the developer in the network, this does not guarantee its reliability.

The construction company may be too young or just a shell company. It is far from always that the developer during the activity fulfills all the requirements of the law.

You should not do this even in cases where the developer's documents are in order and there is indirect evidence of its reliability. The preliminary contract does not comply with Russian legislation.

There is no need to hurry with the choice of a construction company and with the purchase of an apartment. Not everyone understands, but the real estate market today, despite its instability, is not characterized by chaos.

Often, in the wake of rumors about the upcoming price increase, buyers are in a hurry to purchase real estate. In fact, the cost does not grow sharply. Furthermore, after an increase, there are often periods of decrease ↓ in the cost of apartments.

Therefore, you should not rush into buying. It is important to carefully analyze your financial opportunities, choose a construction company, area and a suitable apartment.

Tip 3. You should not make redevelopments to the apartment until the property is registered

If you make redevelopment before the state registration, the BTI may require you to return the apartment to its original state. Moreover, in the process of measuring real estate by employees of this organization, disagreements with the developer may arise.

The area of ​​the apartment may not correspond to the one stated in the documentation:

• If she is more the buyer may be required to pay an additional fee.
• If the area is smaller↓, it will be possible to present the corresponding claims to the developer.

In any case, the apartment at this point in time must be in its original condition.

👉 Accurately following the above tips helps to avoid a number of troubles.

8. FAQ - Frequently Asked Questions 💬

Purchasing an apartment in a new building is a rather complicated process, which often raises a large number of questions from buyers. To save you time, at the end of the publication we traditionally answer the most popular of them.

Question 1. Which floor is better to choose when buying an apartment in a new building?

When choosing an apartment, the buyer has to determine a huge number of its parameters. Many consider one of the most important floor on which it will be located. When choosing it, it is difficult to give any universal advice, since subjective components are of great importance.

When choosing the number of storeys of an apartment, it is necessary to take into account:

1. lower floors are great for older people and families with children:
2. the upper floors are valued in new buildings located in picturesque areas of the city;
3. nobody canceled the financial side of the issue either - usually the cost of apartments on the ground floor is lower by about 15 %;
4. it is also important to study the infrastructure - it can be noisy on the lower floors if the house is located near highways, large children's and sports grounds, large cafes and shops.

Before making a choice, it is worth analyzing Benefits And limitations apartments on different floors.

First of all, consider the fundamental points for different floors:

• Apartments on the first floor most often bought for reasons of economy. Also, many people buy them for rent, as rent in most cases, the number of storeys does not affect. In addition, the first floors are preferred by those who have a small child, as well as pensioners and the disabled.
• Apartments on floors above the 16th suitable for those who do not have a fear of heights, as well as connoisseurs of the view from the window. But in this case it is worth clarifying how the communications are set up. If from below - there may be problems with water pressure. In modern new buildings above residential buildings they have technical floor. It is there that all the necessary communications are located. If the house is built in accordance with these principles, there will be no problems with water pressure even at the very top.

For ease of comparison, the pros and cons of apartments located on different floors, we have presented in the table.

Table: "Advantages and disadvantages of apartments located on different floors"

Question 2. How to buy an apartment with a mortgage from a developer?

An analysis of the statistics of the real estate market allows us to see that today there is a trend towards an increase in demand for mortgages in order to purchase apartments in new buildings. First of all, this is due to the availability of state support. Thanks to her, mortgage rates on primary market housing is lower ↓ than on the secondary.

The high level of construction intensity leads to a significant increase in the supply of apartments. As a result, a large number of developers and credit organizations operate on the market. Such diversity often leads to difficulties in choosing. Therefore, next we consider in detailstep by step process buying a home with a mortgage in new buildings .

Detailed instructions for buying an apartment in a mortgage from the developer

Stage 1. The choice of a new building

The choice of a new building is the first fundamental step. The list of lenders who are ready to provide a mortgage is largely determined by the chosen house.

Turns out that first of all you should choose an apartment that meets your requirements, including regarding cost, locations, commissioning deadlines. When the house is selected, the developer will provide the buyer with a list of credit organizations in which he is accredited.

Stage 2. Property booking

When a house under construction is selected, you should book an apartment in it. This is done in order to during the preparation of the application for mortgage loan, its consideration by the creditor, preparation of documents for the transaction, the buyer was sure that the chosen housing was assigned to him and could not be acquired by someone else.

Booking can be carried out according to several schemes (the option is determined depending on the selected developer):

1. Booking verbally rarely used by construction companies. Most often, its duration does not exceed 14 days. At this time, the buyer has time to apply for a mortgage in credit organization and wait for it to be reviewed.
2. Verbal booking with signing agency agreement. In this case, the same actions are first carried out as in the previous scheme. Having chosen a specific apartment, the buyer verbally reserves it with the developer. When a positive decision on the application for a mortgage is received, agency contract. It implies not only the choice of an apartment (which has actually already been chosen), but also the support of the transaction at all its stages.
3. Signing an agency agreement on a paid basis. Buyer and construction company sign agreement about booking a particular apartment. For this, the developer receives a fee in the form of a commission. The result of the agreement is that the selected property is assigned to the future buyer and is not sold to other citizens.

When booking with the signing of an agency agreement, it is important to immediately discuss the conditions for a refund. If this is not done, there is a risk that the booking fee will not be refunded if the mortgage application is rejected.

Stage 3. Mortgage application

Having received a list of banks that accredit the selected new building, the buyer applies for a mortgage. If received positive decision , you must immediately inform the construction company about this and proceed with the preparation of a transaction for the purchase of an apartment.

We already talked about that in a previous article.

Stage 4. Making an insurance policy

As a rule, the borrower is given the opportunity to independently choose an insurance company.

Wherein important to remember, that, in accordance with the laws governing the execution of mortgages, insurance of property acting as collateral is mandatory.

In contrast, the acquisition insurance policy on the life and health of the client receiving the loan is voluntary.

Stage 5. The transaction for the purchase of an apartment, the execution of a mortgage agreement

The date of the transaction for the purchase of an apartment is appointed by agreement of all its participants.

This procedure includes the signing of the following documents:

• mortgage agreements;
• participation agreements;
• agreements on voluntary insurance(if necessary).

Stage 6. State registration

The equity participation agreement, as well as the mortgage agreement, are subject to mandatory registration in Regpalate. At the same time, the right to an apartment under construction is officially formalized, and also superimposed on it. encumbrance .

It is from the moment of state registration that monthly mortgage payments begin.

Stage 7. Commissioning of a new building

When all construction work is completed and the house is brought to a habitable condition, the construction company contacts Department of State Construction Supervision .

This body appoints an inspection of the new building. During this procedure, a special commission examines all the documentation. It checks for compliance construction works documents.

If no violations are found during the named procedure, the construction company receives permission to commission a new building . Only after that are drawn up acts of acceptance and transfer of housing owners.

Stage 8. Apartment appraisal

Specialist appraisal company inspects the apartment and prepares a report on its value. This document is provided to the credit institution, as well as to the insurer.

Stage 9. Mortgage registration

After registering the ownership of the apartment in the bank where the mortgage is issued, it is mandatory to draw up mortgage - a document that confirms the fact of encumbrance of real estate.

Important to remember, that the mortgage must be registered with the Registration Chamber without fail.

Stage 10. Obtaining a certificate of ownership of the apartment

To register the right of ownership in the Regpalata, you must provide the following documents:

• share agreement;
• act of acceptance and transfer;
• mortgage;
• appraisal company report;
• receipt of payment of state duty.

The specialist, taking the package of documents, without fail issues receipt on their receipt and indicate the date when the relevant certificate will be ready. It is legally determined that the registration period is 5 working days.

Stage 11. Making an insurance policy for an apartment

Upon receipt of a mortgage, which is the subject of collateral, is mandatory. At the same time, the policy is issued only after all the above steps have been completed.

In fact, the process of obtaining a mortgage to buy an apartment in a new building is quite time-consuming. Experts recommend that those who do not have the time or desire for this, seek help from professionals - mortgage brokers . And for those who want to know, on their own, read our last issue.

This time - about compensation, fines and liability of developers for breaking the law. The Supreme Court explained that it is possible to demand even if it is not obvious. Use it to your advantage. If you spare no effort and time, compensation may be enough for repairs or another apartment.

The Supreme Court said so, but that doesn't guarantee anything.

There is no case law in Russia. Courts in different regions easily make opposite decisions. Even in the same region district court approves the compensation, and the regional can cancel it. Not all cases reach the Supreme Court and are considered by the board. But in those that fall, there are many benefits.

You can rely on the explanations from the overview to protect your rights. The heroes of these stories are real people who did not stop and got what they were entitled to by law. But unfortunately, this does not mean that your story will end the same way.

If the developer does not correct the shortcomings in time, compensation and a fine can be demanded from him.

Situation. A man bought a two-room apartment under a share agreement. I paid the full amount and waited. It's time to accept housing, and then a drawback was discovered: the developer incorrectly glazed the loggia.

The buyer wrote a claim about the shortcomings, and in response to silence. Then the man went to court and demanded to pay a penalty and compensation for non-pecuniary damage. He counted penalties for 7.8 million rubles, and estimated moral damage at 30 thousand.

As a result, the developer was ordered to eliminate the shortcomings, but the court refused to pay. Even the appeal did not help. They said that the payment is not due - it is enough to replace the glass. The forfeit under the law on the protection of consumer rights is supposedly nothing to do with it: the law on enforcement proceedings is already working.

What the Supreme Court said. In the law on participation in shared construction, there really is no such rule that the developer pays compensation if he does not eliminate the defect in the apartment on time. That is, he is obliged to eliminate it - voluntarily or at the request of bailiffs. But to compensate for the discomfort as if there is no.

Actually not. Shareholder in relation to the developer - the consumer. If any nuances are not spelled out in the law on participation in shared construction, the consumer protection law applies. According to him, you can claim a penalty and compensation for non-pecuniary damage.

If the developer was ordered to eliminate the shortcomings through the court - this is a different story. It does not affect the ability to claim monetary compensation. You need to fix bugs in a timely manner. You will have to pay for the delay.

How to use it. Don't settle for imperfections. Record in the act all defects and inconsistencies with the contract. Write a complaint to the builder. Maybe it will not reach the court and you will be offered profitable option compensation. If you can't reach an agreement, look for a lawyer and go to court. Your rights are protected by several laws at once, and the developer has a lot of obligations.

In this story, the buyer of the apartment put up a penalty for ten months. Almost 8 million rubles came out - this is almost 300% of the price of the apartment.

It turns out that due to the fact that the developer put the wrong double-glazed windows on the loggia, you can demand from him many times more than the apartment cost. However, you will still have to replace the double-glazed windows.

The buyer had to seek justice for three years. At the same time, explanations appeared for the rest of the equity holders - they are universal and relate to any shortcomings. Although city courts may still think otherwise.

Even if the developer has paid the penalty, you can demand more

Situation. The woman entered into a contract for participation in shared construction, and the developer handed over the house three months later. She demanded 100 thousand rubles forfeit. The builder didn't want to pay.

Then the woman went to court for a penalty, a fine and compensation for non-pecuniary damage. The developer realized that he smelled of fried, and transferred 20 thousand rubles to her by postal order.

The district and regional courts reduced the amount of compensation. It turned out that the developer really voluntarily paid everything and owes nothing. Allegedly, the woman could not prove why the penalty was exactly that.

If there is a claim, it is considered that the developer did not want to voluntarily compensate for the damage. A fine under the consumer protection law is charged on the entire amount of compensation: even on the part that the developer supposedly voluntarily paid.

The shareholder does not have to prove the proportionality of the penalty and confirm his losses. Sometimes the court can reduce the compensation, but only if the developer proves that the amount is unreasonably large.

How to use it. If the developer violated the deadlines, rented an apartment with defects, or somehow violated your rights as a consumer, write a claim and demand compensation. Will not pay voluntarily - go to court. In a lawsuit, add a fine to the amount of the penalty and moral damage - 50% of total amount which the court will order. You will receive this money, not the state.

That is, through the court you can get one and a half times more money. Legal fees and fees will also be reimbursed. Developers know this and are afraid. And if they don't know, remind them. This will make it easier to negotiate quickly and without trial.

If the developer has not notified about the delivery of the apartment, it is considered that
that he didn't give it up

Situation. The equity holder fully paid for the apartment and was waiting for the house to be completed. The deadlines have passed, but the developer has not offered to accept the apartment. Then the equity holder demanded a penalty for the delay - along with moral damages and a fine, almost 200 thousand rubles came out.

It turned out that the house was completed six months ago, they just didn’t tell the equity holder about it. At least, the developer had such an argument not to pay. Allegedly, everyone knew that the house was ready. And whoever did not come to sign the act is to blame.

The regional court supported the developer and refused compensation. The shareholder could not prove that he did not know about the readiness of the house and he was not notified properly.

It turned out that it was as if the shareholder evaded signing the act. Allegedly, he lived in the same area and knew that the house was ready. I would take it and come to sign the act.

What the Supreme Court said. By law, the developer is required to notify equity holders that the house is ready and apartments can be accepted. This is done not orally and not in any way, but by registered mail with an inventory and notification. The developer cannot change the notification method. SMS, messages on social networks, phone calls are options, but not an official invitation to accept an apartment.

If there was no such letter, it means that the developer has not fulfilled its obligation to notify the interest holder. It is the developer who must prove that he did everything according to the rules. In such a situation, the shareholder does not have to prove anything.

The regional court demanded that the equity holder prove that the developer had violated something. This is an illegal requirement. Shareholder has full right demand compensation and a fine, even if the house was indeed handed over on time.

How to use it. If you are waiting for the developer to rent an apartment, check your mail. You should be sent an official notice: the house is ready, the apartment can be accepted then.

If the developer has not officially notified, set a penalty. You are not required to go and check if the house has been put into operation and when you can sign the act. Moral damage can always be added to the penalty. And if the developer has not paid voluntarily, then there is also a fine.

The new shareholder receives all the rights of the previous one, including the period for calculating the penalty

Situation. One woman bought an apartment in a house under construction, which was not handed over on time. Then she sold her right to the apartment to another woman. This happened seven months after the house was supposed to be handed over, and two months before it was actually handed over.

And that one, the second one, went to court for a penalty. She demanded compensation from the developer for the entire period, and not just for the time when she became a shareholder - 208 thousand rubles for the delay and a 50% fine on top.

In the first instance, everything worked out, but the regional court refused. He says that this is not possible: the penalty for the new shareholder is due only for two months, and not for seven.

What the Supreme Court said. The penalty must be considered for the entire time - from the day when the developer must hand over the house. The second shareholder has the right to do so by law.

And although the new equity holder received the right to claim in April, she can recover the penalty from January. The contract says that upon assignment, the rights are preserved, and the court cannot change this condition.

How to use it. If you buy an apartment under an assignment agreement, read what it says about the transfer of rights. This is important for calculating the penalty.

If the wording is in your favor and the builder didn't deliver the house on time, claim compensation for the entire time. Even for the period when you were not yet a shareholder. It's legal, and so the Supreme Court said. And do not forget about the fine if the case goes to court.

The developer will reimburse the costs of insulating walls and windows if the house was handed over with violations

Situation. The developer handed over the house, and then it turned out that the walls in the apartment were freezing through. The rooms are damp and moldy.

The owner demanded to insulate the walls, but the developer refused. He referred to the fact that the outer walls are common property. It is prohibited by law to touch them without the consent of all residents.

I had to pay for the work and demand compensation for expenses through the court. Taking into account non-pecuniary damage and expertise, it turned out 425 thousand rubles and another 50% fine on top. Local courts first reduced the amount for non-pecuniary damage, and then completely dismissed the claim.

What the Supreme Court said. Instead of 50 thousand, only 10 thousand can be recovered for non-pecuniary damage, but the developer will fully reimburse the costs of insulation.

Houses need to be built the right way. For wall insulation, for example, there is a snip. If there are flaws in the apartment, they will have to be eliminated. The owner himself decides how to protect his rights: he may require the developer to insulate the walls or pay compensation. You can also hire a team, and then get a refund.

common property nothing here. Wall insulation is not a reconstruction, reconstruction or redevelopment. To eliminate defects, you do not need to call neighbors to a meeting and get their consent to work.

How to use it. If the walls freeze in the new apartment, the windows fog up, the wallpaper becomes moldy, and it’s cold in winter, conduct an examination and demand the elimination of deficiencies.

Who pays depends on the reasons for the shortcomings. Maybe it's the management company. Or maybe the developer is to blame: he violated the construction technology or saved on materials. The expert will draw the conclusions.

Cunning wording about the date of delivery of the house will not help to evade responsibility

Situation. There were two clauses in the equity participation agreement. One item was introduced in order to fulfill the law: they promised to hand over the apartment in a maximum of six months after the house was put into operation. And below they wrote that the house will be handed over in the 1-2 quarter of next year.

And the courts tell them: you were warned that the house would be completed in the second quarter. This means that you need to count six months for the transfer of an apartment from June 30 - that is, from the last day of this quarter. Until October, only four months have passed - there are no violations by the developer and no penalty is due.

What the Supreme Court said. According to the law, it is necessary to specify in the contract the term for the transfer of the apartment and strictly observe it. This period begins from the day when the house was officially put into operation.

Binding to the terms planned by the developer is a violation of the law. If there is a specific link to the commissioning of the house, the paragraph about the first and second quarter cannot be taken as the basis for calculating the penalty.

The house was put into operation in December. According to the law, the deadline for the transfer of the apartment expired in June of the following year - since then the penalty has gone. It must be accrued before October, when the act was signed. So those 150 thousand rubles that the owners demand is legal compensation for the delay.

How to use it. Follow what is written in the contract regarding the terms. When the developer offers to sign the act, check whether it is within the allotted time. If not, claim compensation. Even in a couple of months, a decent amount can run up.

If the developer asks to wait and honestly warns about the delay, draw up and register an additional agreement. If it is not there, this is also a reason to collect a penalty. Oral agreements do not work here.

COMPANY « SILKIN AND PARTNERS" PROVIDES PROFESSIONAL ASSISTANCE IN ACCEPTANCE OF AN APARTMENT
IN NEW BUILDINGS IN MOSCOW AND THE MOSCOW REGION more about the service and cost

LEGAL ASPECTS OF ACCEPTANCE OF AN APARTMENT

So, having received a notification, you come to the developer, and they tell you that the house is not ready yet, wait, they will call you. Or another common answer: "We have a queue for acceptance, sign up," - and for some reason there is an appointment only after 1 month. Why do developers send out such letters in advance if the house is actually not ready yet? This is done in order to reduce the delay period, because for a delay in the transfer of an apartment, a penalty is due in accordance with 214-FZ. Either the developer does not want to bother with the elimination of imperfections and decided to quietly sign unilateral acts for the apartment. Indeed, from the moment of signing even a unilateral act, the apartment is considered accepted and the Developer is no longer obliged to eliminate any shortcomings. It will also not be superfluous to note that utility bills begin to accrue from the moment the act of acceptance and transfer is signed.

What message should be considered proper notice? Many developers invite you to accept an apartment by sending SMS or calling equity holders. But a message sent by registered mail with a list of attachments and a notice of delivery to the postal address indicated by the participant in shared construction or handed over to the participant in shared construction personally against receipt is considered appropriate (clause 4 of article 8 214-FZ).

A participant in shared construction who has received a message from the developer on the completion of construction (creation) of an apartment building and (or) other real estate object, in accordance with the contract, when the shared construction object is ready for transfer, is obliged to proceed with its acceptance within the stipulated contract term or, if such a period is not established, within seven working days from the date of receipt of the said message (clause 4 of article 8 214-FZ). Open your DDU agreement and see what terms for acceptance of the apartment are written in it.

What will happen if a participant in shared construction ignores the developer's invitation to accept an apartment?

In accordance with paragraph 6 of Art. 214-FZ, if a participant in shared construction evades from accepting an object of shared construction, the developer, after two months from the date provided for by the agreement for transferring the object of shared construction to a participant in shared construction, has the right to draw up a unilateral act or other document on the transfer of the shared construction object.

And if a participant in shared construction does not have time to receive a letter (for example, a long business trip), what then?

The shareholder is considered to be duly notified even if, for example, the letter is returned to the Developer with a message about the refusal of the participant in shared construction to receive it or due to the absence of the participant in shared construction at the postal address indicated by him. That is, they did not receive a letter for one reason or another, and, as a result, the developer can draw up an act in unilaterally. So check your mailbox regularly and let the developer know if your address changes.

In order for the developer not to sign the act of acceptance of the apartment unilaterally, we recommend that you do the following steps. After receiving a letter about the readiness of your apartment and an invitation to accept it, you must certainly visit the developer's office within a period not exceeding seven working days (if a longer period is not provided for by the contract) with a request to hand over the apartment. If the developer for some reason evades the transfer of the apartment or signing the acceptance certificate, then it is necessary to draw up and send a letter of the following content.

Do I need to accept common property from the developer?

Within the meaning of Part 1 of Art. 7 and part 5 of Art. 8 federal law dated December 30, 2004, No. 214-FZ “On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects”, a participant in shared construction, before signing an act of acceptance of an object of shared construction, has the right to demand that the developer draw up an act, which indicates the non-compliance of the object with the conditions:

Agreement,

technical regulations,

Project documentation and urban planning regulations, as well as other mandatory requirements.

Therefore, in addition to accepting your apartment, you also need to pay attention to the property of the house as a whole: are elevators, garbage chutes, street lighting, etc., working? If, for example, it follows from a declaration or other document that the developer was supposed to build parking spaces, plant greenery or fence the adjacent territory, put up a barrier, build a playground, then the developer must build and transfer all this to you. The law does not provide for partial acceptance, or acceptance, but with the subsequent completion of shortcomings, everything must be accepted at once. If something is not ready, you need to indicate this in the inspection report. If you accept a house with shortcomings, even if everything in your apartment complies with SNiPs and the contract, then the elimination of shortcomings in general around the house will fall on your shoulders. When you bought an apartment, you paid not only for your apartment, but also for common house property. Of course, the developer will tell you that you have to accept only the apartment, everything else is taken over by the management company. This usually happens in practice, but if citizens showed a little self-awareness and understood this issue in more detail, they would save significantly on rent, and a possible delay in the transfer of the house would be compensated by collecting a penalty. No one wants to get involved with common house property, believing that this property belongs to anyone or the state, someone thinks that this is the property of a developer or a management company. Then many wonder why the communal apartment in the new building is 2 times larger than in the apartment, which is located in the old fund. Yes, because a cunning developer gave you a house that was 90% built, and then you will finish building it for another two years at your own expense at the expense of utility bills. This is where the bills are so big. The best option equity holders will rally and hire an organization (like us) that will check for flaws throughout the house, so it will end up being cheaper for everyone. The costs of compiling a technical report can also be compensated by the developer in a court of law. For such close-knit residents, the money that is intended for home repairs goes to additional home improvement: flowers, trees, playgrounds and other useful things.

IMPORTANT: Separate deficiencies into Essential and Non-Essential.

Essential - these are shortcomings, without eliminating which it is impossible to use the apartment for its intended purpose. Legislation and jurisprudence do not provide an exact list of such shortcomings. Based judicial practice Significant disadvantages are: lack of water, electricity, elevators do not work, significant holes in the walls, floor or ceiling, lack of glazing, etc.

If, due to minor shortcomings, you refuse to accept an apartment, then you risk receiving a unilateral act from the developer.

ACCEPTANCE OF THE APARTMENT REQUIRES SPECIAL EQUIPMENT.

In 90% of cases, Developers transfer apartments with defects. It is up to you to decide whether you will eliminate the shortcomings at your own expense or do it at the expense of the Developer. We will help to identify all the existing shortcomings in the apartment and correctly legalize them. The lawyer will help to carry out all necessary negotiations. Identifying shortcomings does not mean that you can force the developer to eliminate them. Not always the defects of the apartment can be seen with the naked eye. To accept an apartment and check for compliance with SNiPs, GOSTs, SPs, you need special equipment, such as a thermal imager, a laser rangefinder, an electronic level, a dosimeter, anemometer, etc. We can make a thermal imaging inspection of the apartment, measure the radiation, electromagnetic background, ammonia concentration, and also make an apartment plan with all sizes and calculations total area. Do not pay for square meters, which may not be in your apartment. Utility bills will also be charged on non-existent squares.

Check if the house is on the cadastral register.

You can do this using . If the house is on the cadastral register, then you will not have problems with obtaining the right of ownership. If the house is not registered, then you either have to wait for the developer to put the house on the cadastral register, and this can take up to a year, or you may not wait at all, or you will have to put the apartment on the cadastral register on an individual basis, and this .

Is it possible not to accept an apartment if the house is not put on the cadastral register? It is impossible to answer this question unambiguously. If the contract does not directly say this, then the practice develops in favor of the fact that you do not have the right on this basis to refuse to accept the apartment before cadastral registration, but you need to write about this in your claim in addition to other shortcomings.

In many DDUs, there is an obligation for the Developer to transfer all the documents necessary for registering property rights, in such a situation, you may be required to transfer cadastral passport, without which you will be denied registration of ownership.

Why is it important to take an apartment with a lawyer?

Let's take an example from life. We were approached by a shareholder for the service of collecting a penalty from the developer. Previously, he ordered a service for the technical acceptance of an apartment. The technical specialists duly rendered the service and identified all the shortcomings in the apartment, but the Shareholder further committed legal errors, violating the procedure for accepting the apartment, due to which he received a unilateral act of transferring the apartment to him. As a result, the Shareholder lost the right to demand a millionth penalty and the right to eliminate the identified shortcomings by the Developer. In our opinion, the technical acceptance of an apartment is not complete without qualified legal support.