How to register ownership of an apartment according to DDU

After completion of the construction of the house, the final and most pleasant stage of the transaction begins for the shareholder - registration of ownership of the apartment under an equity participation agreement. However, it is impossible to begin registering housing immediately after construction is completed. From this time, at least six months pass until the receipt of the treasured paper indicating ownership. During this period, the developer must carry out a number of organizational activities, prepare documents, hand over the house to the state commission, transfer the housing to the participants and sign a transfer deed with each of them. Often this process drags on for a longer period. How to properly register ownership of an apartment, what documents will you need to collect for registration, and where to submit them?

What actions precede the registration of housing?

Many citizens unfamiliar with the peculiarities of shared-equity construction are usually concerned about one thing: they see that the house has already been built, there are no cranes and other construction attributes on the construction site, but the developer never begins to transfer the housing. That's right, he cannot do this until the object is accepted and put into operation, and before that the developer must still complete a number of mandatory measures:

Complete all work to connect the property to communications and improve the area around the house.
Prepare an act on the distribution of residential and commercial premises.
Submit a technical passport to the BTI for the construction site indicating all the parameters of the house, as well as the actual area of each apartment.
Get the postal address of the house.

After completing all the preparatory work, the developer begins to transfer the finished house to the state commission, which, after inspecting the structure, issues permission to put it into operation. Next, the developer must register the house with the cadastral register at the registering institution. After this, the stage of transferring housing to shareholders and signing an acceptance and transfer act with each of them, which makes it possible to begin the procedure for registering ownership of the apartment.

Where to go to register property rights under DDU

Registration of ownership of an apartment according to the DDU, the list of documents is defined quite precisely, and it can be found in the public domain on various websites. However, what to do with it and where exactly to go.

There are two bodies that have the right to accept documents for registering ownership of an apartment under the DDU:

What to do if the house has not yet been registered with the cadastral register

All of the above stages take at least six months, but there are many precedents when the process drags on for several years. This is often the fault of the developers themselves, who are in no hurry to issue a cadastral passport for the constructed facility. If the house is not registered in the cadastral register, shareholders cannot begin registering their apartment.

In this case, citizens who do not want to wait until the developer deigns to carry out the necessary procedure are forced to order technical plans for their apartments themselves. To do this, you need to contact the BTI or another commercial organization engaged in cadastral work.

To draw up a technical plan, you need to take copies of documents for the facility from the developer:

permission to put it into operation,
resolution on assigning an address to a house,
“P” stage project.

The documentation, along with copies of your passport, DDU and acceptance certificate, must be submitted to a cadastral specialist who will draw up a technical plan for the apartment. The document is written to disk; it consists of files with an electronic signature of the engineer who carried out the work. After receiving the disk with the technical plan, you can submit documents to the registration chamber.

Registration of ownership of an apartment in a new building

As soon as the building in which a person has purchased square meters is put into operation, it is time to think about how to begin the procedure for registering ownership of an apartment in a new building. But in order to begin action, certain conditions will need to be met by both developers and buyers. That is, now we are talking about interaction between the parties.

Here is a list of conditions that the developer must fulfill before the buyer takes on his part of the responsibilities:

The legislation provides for the drawing up of a protocol for a new building. The document contains all the information about the division of residential and commercial space on the territory of the object in question. The fact is that when building a high-rise building, builders design not only residential premises, but also shops or other commercial facilities. But the purchase of real estate of this type has its own characteristics and is formalized according to different rules;
In addition, it is in order to obtain a real estate certificate and its technical passport from the Bureau of Technical Inventory (BTI). This is necessary, otherwise it will be impossible to carry out further registration work and do without obtaining the necessary documents. And no one needs extra problems. The plan indicates the number of floors of the building, its layout, the total footage and the footage of each individual room. Documents from the BTI are required.

But this is not all the conditions that must be met for further work. In construction, it is very difficult to calculate everything down to the millimeter, which is why situations arise when the footage turns out to be more or less than stated. And for registering ownership of real estate, these factors are of great importance. If the parameters do not match, this issue must be resolved individually. Each square meter of housing costs a lot of money, so you either have to pay extra for the work done, or you yourself demand compensation for the debt for unfinished, but promised and paid for square meters. And only after that, register ownership of the apartment.

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The developer must attend to the preparation of the following documents:

Sign the deed of transfer issued by the local administration;
The Department of Architecture will also issue permission for the building to be put into operation. This means that you can buy an apartment there, since the house is almost completely ready for living. Further procedures are already something like icing on the cake;
The house is awarded a cadastral number. And having received it, the building is registered, and new houses become full-fledged participants in a complex system. By the way, the apartment, or rather the whole house, is registered in Rosreestr, and there you can also get a cadastral passport for an apartment in a new building;
In addition, he needs to find housing, and for this he needs an address. Assigning a separate postal address is the final touch to ensure that all the necessary conditions are met so that the house can be rented out and the permanent owners feel comfortable.

What documents need to be prepared to register property?

The registration rules are prescribed in 218 Federal Law, and there is also a list of documents that the shareholder must submit to obtain ownership rights under the DDU:

Passport of the shareholder; if there are several participants, each person must bring an identity document.
Share participation agreement (original). If the purchase of housing was carried out by assignment of rights, an assignment agreement will be required.
The act of transfer of the apartment (each participant must be provided with an original copy).
Permission to put the facility into operation. Since the beginning of 2020, this document has been provided to Rosreestr in electronic form by the body responsible for issuing it. If permission is not obtained in this way, the developer transfers it no later than ten days after issue.
Document confirming payment of state duty. Today its size is two thousand rubles. You do not have to provide a receipt immediately with the submission of documents, because... the register receives payment data through information channels. But if for some reason payment information is not received within five days, registration will not take place and the documents will be returned. Therefore, it is best not to rely on electronic services, and to bring the receipt to Rosreestr yourself no later than five days after submitting the documents.

In addition to the list of mandatory ones, there are a number of documents that may be needed depending on the terms of the transaction:

If the shareholder is married, the consent of the other spouse to the transaction is required, since the apartment purchased under the DDU is considered the common property of the married couple. The document is certified by a notary.
If a child who has not reached the age of majority becomes the owner of the property, his or her birth certificate will be required.
A mortgage on an apartment issued by the financial institution where the mortgage was taken out. If the mortgage under the DDU has already been paid by the shareholder, but the record about it has not yet been cleared, a certificate from the banking institution is needed about the payment of the entire debt.
When documents are not submitted by the shareholder himself, a power of attorney with a notary stamp is required for the person representing the interests of the participant.

When is the apartment ready for registration?

You should begin registering an apartment in a new building after receiving the required documents:

✓ Protocol on the distribution of residential/commercial real estate statuses.

✓ Technical passport (technical inventory bureau).

✓ Certificate that the building has been registered with the cadastral register in Rosreestr.

✓ Transfer deed to the State Architectural and Construction Organization.

✓ Document authorizing the commissioning of the house (source – administration).

✓ Assigning a postal address to the house.

The status of all documentation can be found at the developer company.

The procedure for registering housing ownership

The shareholder can carry out registration of ownership under the DDU independently, especially since today the registration procedure has been significantly simplified, and the time frame for its completion has been noticeably reduced. The legislator provided citizens with several options for registering real estate. You can register an apartment:

by submitting documents to Rosreestr or MFC, including without reference to the location of the registered object;
sending them by post with an inventory and notification of receipt;
remotely via the Internet in your account on the government services website.

In the latter case, citizens also benefit in terms of payment. When making electronic payments, the amount of duty is reduced, because it is calculated taking into account a reduction factor of 0.7.

During a personal meeting, two applications are filled out: one by the investor, in which his data is recorded, the address and characteristics of the object and all submitted documents are indicated, the second by a representative of the construction company. Applicants receive a receipt indicating the date when they need to appear for documents. If documents are sent by mail, then the shareholder’s signature on the application must be notarized.

The legislator established the registration period for submitting documents to Rosreestr - seven weekdays; if registration is carried out through the MFC, the period is extended by two days. After registration, the shareholder is returned the contract and the acceptance and transfer act, and is also issued an extract from the Unified State Register of Real Estate , which records his right to this living space.

However, developers have developed their own practice in registering the housing of shareholders. As a rule, they insist that the registration be carried out by themselves. Actually this is not surprising. After all, construction companies charge a fee for their services that is several times higher than the cost of registration itself. Developers have different appetites, so their prices range from 10 to 50 thousand rubles. Often, construction companies require payment for these services even at the stage of concluding a contractual agreement, which in itself is illegal, since at this moment it is not even known whether the construction will reach its logical conclusion, and whether a housewarming party will take place at all.

State duty for registration of property rights

The most important thing that all future owners should remember is that the state duty is paid in advance and before submitting an application for registration of ownership. In the absence of payment, the registrar has the right to refuse to accept the application.

The only condition under which payment can be made later is if documents are submitted electronically. But here it should be noted that the application will only be accepted, and the review process will begin only after the state fee has been paid.

The amount that must be deposited is determined by the Tax Code of the Russian Federation, and it is 2000 rubles. This amount is applicable to the registration of ownership of objects (apartments) purchased under the DDU.

In the case where there are several homeowners, the amount of the state duty is divided equally between everyone, and accordingly is paid separately.

What to do if registration is delayed due to the fault of the construction company

Often, shareholders are faced with various violations on the part of developers who delay construction and do not carry out the necessary measures to hand over the property in a timely manner, due to which citizens are deprived of the opportunity to register their housing in the usual manner. In such cases, you need to contact a judicial authority. If the house is almost completed, a claim is filed to recognize ownership of the unfinished object .

In addition, shareholders have another mechanism of influence on unscrupulous builders - a penalty that can be recovered from the development company for failure to fulfill the terms of the contract. The penalty is due to citizens by law; it can be recovered through a court of general jurisdiction or through Arbitration. In the latter case, you will need to conclude an agreement on the assignment of the right to a penalty with a legal entity. face, because The arbitration court does not accept applications from citizens, but deals only with disputes between organizations.

When collecting through Arbitration, the shareholder can receive a large amount of compensation, since in this court Article 333 of the Civil Code of the Russian Federation, which allows reducing the amount of penalties, is practically not applied, while SOY in 90% of cases reduces the penalty.

The Society for the Protection of Shareholders' Rights helps all citizens in resolving disputes with developers. The main direction of our activity is helping shareholders in collecting the maximum possible penalty from unscrupulous construction companies. We provide this service without prepayment. The lawyers of our organization are ready to professionally and promptly answer all your questions. In the “Contacts” you will find information for contacting us.