Housing Law Agency - Questions on housing and land law

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Purchasing a home in a building under construction involves a standard procedure for registering ownership of the property. The new apartment does not have a history of owners, and therefore no documentary history.

Purchasing housing in a new building has many advantages. Let's talk about this in more detail.

Nuances of housing design in a new building

Registration of the contract for the first apartment is carried out by employees of the legal department of the construction company and is not subject to change after registration. All subsequent contracts are formed in the likeness of the first.

To register the first DDU with Rosreestr, it is necessary to provide not only the agreement form itself, but also a number of construction and design documentation.

To enter the primary DDU into the Unified State Register database, the developer independently prepares:

Power of attorney for registration of DDU

There is such a power of attorney (sample) for registering a residential building, issued by the developer: I trust (list of individuals) to be my representatives in the Department of the Federal State Service. registration, cadastre and cartography, PIB and other competent institutions and organizations on issues related to the registration of an agreement for shared participation in the construction of an apartment building at the address (.), concluded with (Name of developer), additional and other agreements thereto, as well as encumbrance of rights under such an agreement, ownership of an apartment, for which I grant the right to submit applications for state. registration of an agreement, additional and other agreements to it, ownership of an apartment, encumbrance of rights to an apartment (mortgage), termination of encumbrance of rights (mortgage), submit documents for registration, sign for me, submit any applications, including about marital status, on amendments to the Unified State Register, receive and provide the necessary documents, pay state duties and fees, with the right to receive registered documents, certificates of state registration of rights and carry out all actions and formalities related to this order. Power of attorney for 3 years without the right of substitution. I am interested in the following points: - Is it possible, using such a power of attorney, to register ownership of another person without my knowledge? - Is it possible to conclude and register an additional agreement? agreements to the DDU without my knowledge and participation? (The point about signing for me is confusing - here we mean signing in the additional agreements themselves or only when submitting for registration documents/agreements already signed by me personally, etc.). Will they be able to submit a DDU for registration if I cross out this right? Thank you.

Hello Anna! In accordance with the Federal Law of January 17, 1992 2202-1 "On the Prosecutor's Office of the Russian Federation": Quote: Article 10. Consideration and resolution of applications, complaints and other appeals in the prosecutor's office 1. Applications, complaints are resolved in the prosecutor's office in accordance with their powers and other requests containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. 2. Applications, complaints and other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses. 5. It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed. Article 14.8 of the Code of the Russian Federation on Administrative Offences. Violation of other consumer rights 1. Violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work - entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles, for legal entities - from five thousand to ten thousand rubles. 2. The inclusion in a contract of conditions that infringe upon the rights of the consumer established by law shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles, on legal entities in the amount of ten thousand to twenty thousand rubles. 3. Failure to provide the consumer with benefits and advantages established by law - entails the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles, on legal entities - from five thousand to ten thousand rubles. Article 333 of the Civil Code of the Russian Federation. Reduction of the penalty If the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty. The rules of this article do not affect the debtor’s right to reduce the amount of his liability on the basis of Article 404 of this Code and the creditor’s right to compensation for losses in cases provided for in Article 394 of this Code.

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Changes since 2020

In 2020, there was a transition to a new type of financing for the construction of apartment buildings. Construction will be carried out with the involvement of funds from credit institutions. In fact, this innovation is the first step towards the complete abolition of the DDU.

From July 1, 2019, developers can attract funds from citizens only through the use of escrow accounts , which will be created for each of the shareholders. The DDU became a tripartite agreement between the developer, the bank and the shareholder.

On April 22, 2020, Decree of the Government of the Russian Federation No. 480 also came into force, which described the conditions under which the developer will be able to raise funds from equity holders without using an escrow account. The decision to introduce them was made in order to ensure timely completion of the apartment buildings already under construction.

Information: Completing a house according to the old rules is allowed only if the degree of completion of the object exceeds 30%, and contracts have been concluded for more than 10% of the apartments.

List of documents

The list of documents is specified in paragraph 11 of Article 48 of Federal Law No. 218:

Civil passport of the shareholder.
Signed DDU.
Statement of the established form for state registration of the contract.
A deed of transfer or other document confirming the fact of transfer of real estate to the participant.
Permission to put MKD into operation.
Paid receipt of state duty.
Birth certificate (if the apartment is registered to a citizen under the age of 18).
Housing mortgage and mortgage agreement (if bank funds were raised).
Power of attorney, if the interests of the shareholder are represented by his authorized representative.
The spouse's consent to the transaction, certified by a notary.

Attention! Rosreestr employees do not have the right to demand that the shareholder provide previously received documents.

State registration of an equity participation agreement in Rosreestr in 2020

Now the websites of local registration authorities are ready to provide brief information about the status of real estate. You can also use this service online on the website of Rosreestr of general importance for Russia. Requests are made with a request to issue an extract from the authority - EGRN (Unified State Register of Real Estate).

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When the state registration of an equity participation agreement takes place in Rosreestr in accordance with all the rules, the document itself will indicate this with special markers. The entry is placed on the back where there is enough free space. It should contain:

How and where does the process take place?

The DDU must be registered with Rosreestr in the territory of the registering district at the location of the facility for the construction of which the equity holder’s funds were raised in accordance with the registered agreement.

Through the developer

Most often, the developer insists that the contract be registered through a company representative. This is because the registration procedure requires the presence of both parties . Given that there are at least several dozen shareholders, registration takes a lot of time.

The developer provides the shareholders with a sample power of attorney for signature, and thus the powers of registration are transferred to the company’s employees. The method is also convenient for shareholders, however, the service is paid. On average from 7 to 40 tr.

The developer does not have the right to impose paid services for registration of children's educational institutions - this is contrary to the legislation of the Russian Federation.

On one's own

In order to independently register a new apartment, you need to have a contract registered in the new building for the 1st apartment (the property has been registered).
This is the responsibility of the developer (see above). The shareholder will need to provide to Rosreestr:

Signed DDU.
Passport and its copy.
Receipt for payment of state duty.

The remaining documents will be in the hands of the developer’s representative, who will be present on the day of the visit. It is necessary to submit an application for registration of a preschool educational institution and obtain a receipt from a specialist of the registering authority indicating the date of registration.

After the designated waiting period has expired, the shareholder will receive an extract from the Unified State Register of Real Estate, which will indicate the new status of the registered agreement.

Algorithm of actions of the future owner

Signing the DDU.
Inspection of the apartment and execution of the acceptance certificate. Receiving keys.
Choosing a method for registering ownership of an apartment according to the DDU.
Preparation of documents. Coordination of a visit to Rosreestr or MFC with a representative of the developer.
Submitting an application of the established form with documents attached to it.
Receiving a receipt indicating that the documents have been accepted for registration.
After 5-7 working days have passed, you must come for an extract from the Unified State Register and a copy of the DDU, which will be marked accordingly.

Power of attorney for registration of DDU

“to represent my interests in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, its departments, subdivisions and territorial administrations, including the Branch of the Federal State Budgetary Institution “Federal Cadastral Chamber of Rosreestr”, during the state registration of the agreement for participation in shared construction. with the Joint Stock Company "Investment", additional and other agreements thereto, agreements for the assignment of rights of claim and other transactions, including when registering ownership of real estate on the basis of the above agreement for participation in shared construction, in relation to residential premises (rights to residential premises) conditional design . section, floor in a residential building under construction, located on a land plot owned by the Investment Joint Stock Company (cadastral number: address reference: Moscow, Mitinskaya St.) (or a land plot formed from the above land plot, including as a result of division, merger, redistribution or allotment, including as a result of merger, redistribution of the above-mentioned land plot with land plots with cadastral numbers. represent my interests and make the necessary decisions in the event of the emergence, change and termination of the object (subject) of the pledge arising as a result of the state registration of the above agreement for participation in shared construction, and entering the relevant information into the unified state register of rights to real estate and transactions with it in the event of the formation (division, allocation, merger, redistribution, etc.) of new land plots from the land plots on which construction is carried out residential building in which the above-mentioned residential premises are located, represent my interests as a mortgagee during the state registration of the title of JSC IC Greenex to newly formed land plots, state registration of the occurrence, change or termination of the pledge of ownership of the land plots on which the residential building under construction is located the house in which the above-mentioned residential premises is located is owned by a participant in shared construction by force of law, for which I authorize the submission of applications and documents for registration, including the submission and signing of applications for the repayment of registration records on the mortgage of real estate objects arising on the basis of the above-mentioned participation agreement shared construction, represent interests in case of suspension and refusal of registration actions, receive documents; perform all other actions related to this order, pay state fees, collect the necessary documents, submit applications for suspension, renewal of registration actions, correction of a technical error, making changes to the Unified State Register records, submit additional documents, sign for me and receive originals of registered contracts and other documents to be issued. The powers under this power of attorney may be transferred to other persons. The power of attorney was issued for a period of five years.

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Good evening, Mikhail. And it’s good that there are four of us - if someone gets sick and can’t come for documents, one of the four will cover. Is it better to entrust the registration to the developer or do they charge a lot for registration?

Timing and cost

The amount of the state duty depends on the method of circulation:

If the shareholder independently applied to Rosreestr - 350 rubles.
If his interests are represented by a legal entity – 6,000 rubles.
If the application for registration of a preschool educational institution is submitted electronically – 3,000 rubles.
Through legal offices - from 8,000 rubles.

Additionally, you will have to pay for the generation of an extract - its amount is 200 rubles.

Registration deadlines:

The first DDU for a house under construction is 18 working days.
Registration of subsequent agreements – 7 working days.
When applying through the MFC, the registration period increases by 1-2 business days.

What kind of power of attorney should there be for registering an equity participation agreement and is there a single sample?

When signing an agreement with the specified clauses, the developer has the full right, after paying the share in the apartment building on behalf of the signatory, to resell the previously paid apartment. His rights include increasing the cost of the apartment and expanding the list of services (additional), which will be paid separately by the shareholder.

When preparing DDU packages, you must pay a state fee, which will be 200 rubles. To issue a subsequent power of attorney, a notarization will be required, which depends on the individual fees of the notaries themselves.

10 Jun 2020 lawurist7 694

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Subtleties and list of papers when purchasing with a mortgage

The registration procedure for a mortgage follows the general rules, but the shareholder will additionally need to provide:

certificate from a credit institution;
mortgage agreement.

After the DDU has been registered, the resulting extract from the USRN database must be submitted to the bank.

Any transaction made with real estate must be registered with Rosreestr, and information about it must be entered into the Unified State Register of Real Estate. The same rule applies to transactions between the developer and shareholders who have entered into a joint agreement. Otherwise, the transfer of ownership does not occur.

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