Acceptance of an apartment in a new building: we seek to eliminate deficiencies. What should defrauded shareholders do if a developer goes bankrupt? The developer did not build the house

You find yourself in a difficult situation when the developer has stopped fulfilling equity participation? Don’t know what to do and whether there is a chance of successfully resolving the issue? Stereum will tell you what to do in such a difficult situation.

House construction - stopped or suspended?

To begin with, it is important to understand what kind of case we are talking about. Is construction suspended completely and the house is not planned to be put into operation, or the deadlines are postponed for a certain (indefinite) period. To clarify the situation, we recommend sending a written request to the construction organization. Its presence will be useful in the future (if the case goes to court).

According to current legislation, the development company must notify in writing the participants in shared construction that the completion date of the work will differ from that initially agreed upon and specified in the contract. Shareholders may agree or disagree with such changes; accordingly, they have the right to terminate the contract.

Contract - wait or terminate?

In the event of termination of contractual agreements due to the developer’s failure to fulfill its obligations, the shareholder can count on a refund , as well as penalties (the amount in each case is determined individually). The period for making payments is usually no more than three working weeks.

If the developer does not make payments, the shareholder has one option - going to court. After the court makes a decision, you can independently, or with the help of the bailiff service, demand a refund of the money.

Before going to court, prepare the following documents:

• equity participation agreement
• receipts for payment of the cost of services of the developer company
• notification of failure to put the facility into operation on time or termination of construction (if any)
• written requests to the construction company
• application for termination of the equity participation agreement
• a copy of the notification of sending the application to the developer (you should issue a registered, valuable postage with delivery notification)

Try to collect as much as possible about the situation that resulted in the developer’s improper fulfillment of its obligations. Once you know what the problem is, you can draw certain conclusions by carefully analyzing the possible consequences and risks.

It will be especially helpful to understand the following aspects:

1. The developer company has active financial resources, through which it will be possible to return its own investments
2. Grounds for litigation (we carefully study the contents of the DDU, conditions and possible clauses on force majeure on the Contractor’s side)
3. What is the probability of the developer being declared bankrupt?

In the case when you understand that a construction company is experiencing only temporary difficulties, perhaps a wait-and-see policy will be more reasonable. In addition, it will be useful to find “friends in misfortune” - the same shareholders as you, and jointly try to negotiate with the developer.

Please note that concluding additional agreements does not at all guarantee a successful outcome of the case. After all, agreements, like contracts, may not be fulfilled.

The least preferred outcome is the developer being declared bankrupt. In this case, the best that shareholders can count on is the creation of a common housing cooperative. And completion of construction work through joint efforts.

Developer	Shareholder
Termination of construction	Determining the financial position of the developer; legal consultation; preparation of documents for going to court
Failure to put the facility into operation on time	Termination of the contract unilaterally, demand for the return of funds and the amount of the penalty
Bankruptcy	Checking the developer’s targeted use of funds from the participants of the DDU; registration of ownership of unfinished construction; participation in housing cooperatives - completion of construction

We hope the information collected above will be useful. And the prospect an unfinished apartment will bypass you.

15.03.18 33 446 0

How not to lose money with long-term construction projects

Our people don't know how to meet deadlines.

Nika Troitskaya

real estate marketer

Therefore, when the developer begins to delay the delivery of the house, all normal people begin to worry - on the other side there may be either ordinary Russian carelessness or a crazy scam with a criminal charge.

I want people to buy apartments from decent developers. But it happens that a good developer violates the delivery deadline. Today’s article is for those shareholders who find themselves in a similar situation: the developer is about to miss or has already missed the delivery deadline. Let's figure out what to do.

I’ll say right away that if you are reading this article not out of idle interest, but because you are really starting to experience delays in the delivery of your house - FOR THE SAKE OF ALL THAT IS SAINTS, CONTACT A DECENT LAWYER. Seriously. There are so many nuances and subtleties in this matter that even ten articles are not enough. This article is not an instruction or a solution to your problem, but only a quick glance towards a solution.

CONTACT A RELIABLE LAWYER, OKAY?

Well, fine.

Why do normal developers miss deadlines?

Deadlines are not always missed because the developers are swindlers. Construction is a big risk for the developer. He has to forecast sales income, the work of builders, exchange rates, relations with local authorities, laws, and federal policy in construction several years in advance. Forecasts do not always come true.

Something may happen during construction that will delay the deadline. A week of downtime there, two weeks missed here - a big delay gradually accumulates. The developer plays it safe and takes the construction period with a reserve, but it happens that this is not enough.

Additional agreement - do not sign

By law, any developer can offer you an additional agreement to reschedule - that is, offer you to change the contract. If the developer understands that he will not have time to complete the house on time, then no later than 2 months before the expiration of the deadline he must inform you about this and he has the right to negotiate with you on new terms. You have the right not to negotiate.

It is beneficial for the developer to negotiate with you. This means that the due date in your preschool education school seems to have changed, which means you are not against the delay. Developers adjust new deadlines so as to be guaranteed to meet them and not pay any penalties. If they do not fit into the new deadline, then the penalties in any case will be lower than if they were counted from the old deadlines. In short: an additional agreement is your consent to a free postponement.

Often developers make it look like you are required to sign an additional agreement. They send a notice of rescheduling: “We hereby notify you that the transfer date has changed to such and such, you are required to appear on such and such date and sign the rescheduling agreement.” Some fall for it - the power of words!

It is not profitable for you to postpone the deadline, so do not agree to the postponement. You don't have to.

The developer's lawyer will probably communicate with you, and quite harshly. Calmly tell him: “I understand that your job is to convince me of this additional agreement. But this is not profitable for me; the penalty for late payment will be less or there will be none at all. I’d rather spend this money on repairs.” All the feigned seriousness of the developer is nothing more than a psychological trick, don’t be fooled.

Personal archive of lawyer Andrey Targashov

Assess your chances of passing

Assess how realistic it is that the developer will complete the house, and how long it will take him to do it. If the developer nevertheless completes the house and rents it out, you have the right to demand a late fee and negotiate compensation for renting the apartment. For assessment, use professional help, rather than ingenuity and intuition - if you do not build houses every day, your intuition will not be enough to assess the condition of the object.

Look at the delay period the developer wanted when he offered you to sign an additional agreement. If the period is up to a year, then the chances of passing are greater (our lawyer-consultant thinks so).

If the period is more than a year, then it may happen that the developer will not complete the construction of the house and will not rent it out.

If the apartment costs 5 million, and the delay is a year, you have the right to demand 912.5 thousand rubles for the delay:

• 5,000,000 × 365 × 1 / 150 × 7.5% = 912,500 R
  (the penalty is calculated at the rate that is in effect at the time the decision is made; for calculations we took the current one - 7.5%)

If all shareholders do this, the developer is unlikely to be able to pay them off. Most likely, the developer will file for bankruptcy, and someone else will complete the new building.

To assess your chances of passing, it is best to call a lawyer. But not an ordinary one, but a golden one, with experience working with developers. A golden lawyer will check whether there is movement on the developer’s accounts and understand whether it is worth initiating bankruptcy proceedings. The land plot on which the house is being built is pledged to the shareholders - perhaps it makes sense to sell it. But this is all a showdown from the highest spheres, and this needs to be done with the best lawyers. If at this stage it seems to you that you are well enough oriented to solve this problem yourself - it seems to you.

Wait for change

Usually, in case of delay, there are three options: wait for the house to be delivered, sell the apartment or terminate the contract with the developer. Let's start with waiting.

Advantages. Less legal hassle. You will receive an apartment that may cost more than what you bought. Apply for a tax deduction on the cost of the apartment and interest on the mortgage. Demand a late fee from the developer. You can live in an apartment.

Risks. Long wait. If the developer goes bankrupt, the fate of the property is unclear - maybe they will find another developer. He may change the project to meet the budget. You don’t know which developer will complete the house. The new developer will not pay you a penalty because he is not the legal successor of the old one, that is, he is not responsible for the debts of the old developer.

Sometimes shareholders, instead of looking for a developer, create a housing cooperative, chip in, hire contractors and finish building the house. These are additional expenses - not everyone is ready for them.

Sell ​​Now

You have the right to an apartment in an unfinished building. This right is worth something if it can be sold.

Advantages. You get money, perhaps even more than you invested, because the construction readiness of the house is higher. You get rid of the risk that the apartment will not be completed.

Risks. It may not be possible to sell at a profit: long-term construction projects are not so liquid. Perhaps the buyer will agree to take your apartment only at a big discount. The sale will need to be disclosed in the declaration.

What to do. Contact the developer's sales department and ask them to sell your apartment, promise an agent's fee - like realtors. Download renderings from the developer’s website and place advertisements on classifieds websites - “Cyan”, “Avito”, “Yula” - and city forums, if there are any. Tell your friends and social networks that you are selling your apartment. Entrust the sale to a realtor. When you find a buyer, enter into an agreement with him on the assignment of rights and obligations.

An assignment agreement is the transfer of all property rights and obligations under the DDU to another person. That is, in fact, another person gets his own shared agreement with your developer. It's his problem now, hehe.

Refuse the contract unilaterally or terminate it by agreement of the parties

Any contract can be terminated; the conditions for termination are specified in the contract and the civil code. No one is anyone's slave.

Advantages. You get your money back and at the same time get rid of the hassle of renting an apartment. If you refuse the contract unilaterally, the developer, in addition, pays a penalty from the moment you pay the cost of the apartment according to the DDU. But this is only on paper.

Risks. If the developer is doing poorly with money, he may take a very long time to pay you. And it is impossible to say for sure whether it will pay. The fact is that at the moment of termination of the contract, you return the apartment immediately and the obligation to return the money to you from the developer also arises immediately. But when will he fulfill his obligation? The main risk is that the developer will return your money for the apartment for a very long time or will never return it.

Some swindlers withdraw money from accounts, and when shareholders approach them with claims and demands for the return of money, they shrug their shoulders: “There is no money, but you are holding on.”

If you have a mortgage, then you cannot get rid of the apartment without the bank's consent. If you receive consent and sign a termination agreement with the developer, but suddenly the developer does not return the money to the bank, the bank may demand a loan from you. So it goes.

What to do. Your wonderful lawyer, whom you hired a long time ago, will tell you what to do.

To get rid of the risk that there will be no counter-performance, agree with the developer to sign the termination only if the developer opens a letter of credit in favor of the equity holder. This is a special bank account into which the developer immediately credits money in your favor, and the bank will give it to you when you register the termination of the contract.

If you terminate unilaterally, write a notice that you are terminating the contract and demanding payment of the cost of the apartment and the penalty from the moment the money is paid under the DDU.

You will have to pay tax to the state on the penalty: 13% of the penalty amount

The life hack with a letter of credit will most likely not work here, since by sending a refusal, you have already taken out a checker and are waving it. A unilateral refusal destroys all relationships - rely only on the good conscience or weak nerves of the developer (guess how often this happens among developers).

Compose the letter in free form under the dictation of your highly qualified lawyer and send it according to the rules that we described in the article

Seriously: LAWYER. HIRE A NORMAL LAWYER.

The suspension of construction of a country house often drags on for months and even years. How important is it to officially register an unfinished house, and how to turn an unfinished house from a set of building materials into a property that can be sold legally? Read about this in our article.

As you know, the construction of a country house is a matter that requires considerable investment of money and effort; during a crisis, most of the unfinished country real estate is either “dead” capital or put up for sale by the owners. At the same time, today in the suburban real estate market there are quite often cases of fraud in the sale of land plots, houses and summer cottages, when sellers try to sell their real estate by any means, saving themselves from paying taxes and other mandatory annual contributions. In the article below, we will try to highlight the main fraud schemes in the field of selling country property and how you can protect yourself from dangerous transactions.

Condition of the individual housing construction project

Since 2004, Russian legislation has provided for the possibility of state registration not only of finished real estate, but also of unfinished construction projects, regardless of the stage of “frozen” construction. The main condition for registration is the presence of a solid concrete or brick foundation.

Important! An unfinished construction project cannot be legitimized if it is the subject of a valid contract.

Documents for registering an unfinished construction project

For state registration of an unfinished suburban real estate property, the owner must provide title documents for the land plot and permission to construct an object on this site. If these documents are not provided, a country real estate property may be recognized as a “squatter construction” subject to demolition. It is also necessary to provide a cadastral passport for the plot, which indicates its boundaries. The title documents for a land plot can be a certificate of ownership (from July 15, 2016, the issuance of certificates of ownership has been cancelled; if necessary, an extract from the Unified State Register is issued), a lifelong lease agreement or an agreement for the perpetual use of a land plot. If the site is leased and it is impossible to construct a capital construction project on it, legal registration of the unfinished house will not be possible even through the court. In addition, the lessor has the right to terminate the lease agreement early and demolish the construction site erected on the leased site. Accordingly, in order to avoid any problems in the future, when purchasing an unfinished construction project, the seller must provide the buyer with a certificate of ownership not only of the house, but also of the land.

Categories of land permitting the construction of individual housing construction projects

Many citizens, not knowing the legal framework, build country houses on land plots that officially do not allow capital construction. Therefore, the buyer, before applying to the Russian Register for an extract, is recommended to make sure that the land plot on which the unfinished construction project is erected belongs to the appropriate category and has the appropriate type of permitted use. That is, a completed house or an “unfinished” house can be located within the boundaries of a settlement on the following categories of land:

• for individual housing construction (individual housing construction);
• for running private household plots (personal subsidiary farming);
• DNP (dacha non-profit partnership);
• SNT (garden non-profit partnership) with the right to build a residential building and live in it.

Important! Capital construction of residential real estate on land plots intended for gardening and agricultural production is not permitted.

Many owners of country real estate have a mistaken opinion about registering property rights, believing that first of all it is necessary to build a residential building on the site, and only later legalize this object on the basis of the law on dacha amnesty. It is noteworthy that the simplified scheme works without prior approval of the work from the local administration, however, this registration procedure is not possible with all construction projects. Accordingly, if you need to register the “box” of a country or garden house, you will most likely need a building permit, which can be obtained on the basis of a certificate of land ownership (or a lease agreement), a cadastral passport and an urban planning plan for the land plot (from August 2018 When starting construction, it is not necessary to obtain a building permit for the construction of individual housing construction projects).

In the event of a refusal to register ownership of an unfinished construction project under the dacha amnesty, the owner can obtain permission through the court by providing evidence that the object was built in compliance with all construction standards and does not pose a threat to the life and health of citizens.

If all documents for the land plot and the unfinished house are completed correctly, it is necessary to order a technical passport for the unfinished construction project, register it as “unfinished” in the cadastral register and register the ownership in the Unified Register.

It is worth noting that today the majority of Russians, owners of suburban real estate, including unfinished properties, are in no hurry to register construction on a land plot, especially since unfinished construction projects today are also subject to real estate tax according to the cadastre. Example. In Moscow and the Moscow region, the rate for unfinished construction projects is 0.3%. So, for example, the tax for a land plot of 10 acres in the Odintsovo district worth 6.8 million rubles according to the cadastre, the owner will have to pay a tax to the state treasury in the amount of 20.4 thousand rubles per year, respectively, if a residential building is being built on the site, registered in the Unified Register, the tax amount increases as a percentage relative to the cadastral valuation of the construction project.

Important! If, within 10 years after acquiring a land plot of the individual housing construction category, the owner has not registered a residential property on it, land tax is charged at double the rate, that is, 0.6%.

In the absence of a certificate of state ownership of an unfinished construction project, it will only be a set of materials that cannot be used as a subject of pledge, sale, gift or inheritance. The right to carry out such transactions legally appears only from the moment of state registration.

Alexei

Good afternoon I am planning to purchase a plot of individual housing construction to build a house. The site is listed as an unfinished construction project, 2 floors, 80m2. There is only one owner per plot and it is unfinished. In reality, the site is empty, there is nothing on it. I think DCT will have to be done both for the unfinished building and for the site. What then to do with the “mythical” unfinished project? Should we register it for demolition or build a house on this unfinished building (how can we register it later if the area, dimensions don’t match...)? Please tell me.

Awaiting review

Sergey

Hello! I want to purchase a plot of individual housing construction with an unfinished house located on it - foundation, walls, windows, roof, partially interior decoration. There are documents for the land, there is a construction permit valid until 2026. What do you advise?

Awaiting review

Elena

Hello. I have a registered plot of land with permitted use - an individual residential building with a plot of land. There is an unfinished house on it. There is no building permit. Please tell me what are the next steps to register the unfinished project. And is it possible to complete it without this permission? I will be grateful for your answer.

Awaiting review

Timur

Hello, I have a very difficult situation and it’s difficult for me to figure it out on my own. For more than 20 years we have owned an apartment in a house for 2 owners. The second half of the house is empty and unfinished. To prevent it from being wasted, about 10 years ago, we installed windows in this house and more or less brought it into a habitable state, but we left everything like that because there weren’t enough funds. Through the court, the right to own the second half of the house was recognized, however. They did not issue a passport or documents, since the village had no status. Now the status of the village has been determined. Please tell me if we can now begin the process of registering land and technical details. passports for the house, is it possible to issue a single technical document? a passport for the entire house, without indicating the apartments and how the unfinished half of the house will affect the documentation and registration process. Thanks for the consultation.

Sergey (senior lawyer)

Hello, Timur! You need to check with the local administration about the land, since you can’t just take and acquire municipal land as your own. To draw up documents for the entire house, it is necessary to recognize through the court the ownership of the entire house due to acquisitive prescription. Only after this will it be possible to draw up technical documents for the house and ownership.

Igor

Good day, Sergey! I want to purchase a plot of private household plots with a mortgage, I have documents for it, but there is an unfinished stone house on it, or rather the foundation and walls, built about 20 years ago, there are no documents, on the legal side how to formalize everything correctly.

Sergey (senior lawyer)

Hello, Igor! The best option is to register the current owner of this unfinished building as an unfinished construction project. In this case, the house will have ownership documents and it will be registered in the cadastral register. Without this, it turns out that you are only buying a plot of land. A house without legalization can be recognized as an unauthorized construction.

Olga

Good afternoon. Tell me, is there a difference in tax assessment for Volgograd for completed and unfinished construction of a residential building?

Sergey (senior lawyer)

Hello Olga! The tax rates are the same, but the accrued tax amount for an unfinished construction project may be less due to its lower inventory value.

Lyudmila

Please tell me, can I register a house on a garden plot, agricultural land for gardening purposes, purchased in 2015 as an unfinished construction 106 and, brick 2 floors. There is a well, heating, water supply. Unfinished 87%. Land in ownership and unfinished construction is also in ownership. How to register completed construction and is it possible?

Sergey (senior lawyer)

Hello, Lyudmila! You need to obtain a technical passport for the house from the BTI after the construction of the house is completed, assign an address to it, and then send a notification to the local administration about the completion of construction. After this, you can submit documents to Rosreestr to register ownership.

Sergey

Hello. A plot of 12 acres was purchased in SNT in 2017. In the same year, ownership of the house and land was registered. Year of construction: 1995. Registration is available and electricity has been installed. Will a building permit be needed in 2019 to produce a technical certificate and put the house into operation since there is none?

Sergey (senior lawyer)

Hello, Sergey! If you have registered your house with registration in Rosreestr, then you have technical documents for the house. Therefore, if they are available, you do not need to obtain a building permit. In addition, until March 2020, to begin construction of individual housing construction projects, you do not need to obtain a construction permit; you only need to send a notification to the local administration.

Lyudmila

Good afternoon I am buying a plot of land and an unfinished residential building, 40% complete, there are two certificates from 2005, the seller does not have any other documents. He says that he will make a power of attorney for me and I will prepare the documents. I am currently going through a parallel transaction to sell an apartment. Therefore, now I can only give a deposit. But this is the situation, I measured the boundaries - 5 m from the facade, and 2 m from the neighbors on one side. What to do in such a situation? After all, according to the new legislation, I may be denied a construction permit and I will not be able to complete the project and put it into operation. It turns out that I am only buying a plot of land? What can you recommend?

Sergey (senior lawyer)

Hello, Lyudmila! Currently, until March 2020, individual housing construction projects do not need to obtain permission to put a house into operation; only a notification from the local administration is sufficient. Therefore, we can advise finishing the house as soon as possible. Another option is to legalize the house through the court if there is no building permit.

Ilya

Good afternoon We have a garden plot in SNT. Agricultural land, permitted use: for gardening. At the beginning of the summer of 2018, they began to build a permanent house and poured the foundation. At that time, no notifications were given, and, as far as I understand, there was no need. We didn’t have time to complete it. Now, since 2019, according to the new law, nothing can be built on these lands. We submitted a notice in February, but we were refused. Is there any possibility to arrange it? If in court, what are the prospects? Thank you

Sergey (senior lawyer)

Hello, Ilya! In accordance with Art. 222 of the Civil Code of the Russian Federation, the construction will be unauthorized if at the time of the start of its construction there was a ban on construction due to the lack of permitted use. But since you started construction when it was still possible to build, you can try to play on this moment. In any case, you cannot do without the help of a professional lawyer, since the situation is ambiguous from a legal point of view and requires studying practice and studying the legislation.

Igor

Okay, but what do you think, what if I, in accordance with Art. 51.1. The Civil Code of the Russian Federation declares the reconstruction of the house (reconstruction, repair and strengthening of the foundation, reconstruction of the attic) with exactly this description. Let Yahweh give permission, and within 10 years I will calmly and slowly build within the specified boundaries in accordance with established standards. (an ordinary dacha is not a historical settlement, a schematic plan of the site and a house on it with indentations are drawn by hand). I read the judicial practice in cases of construction, not reconstruction. Someone really needs to cross the road! Or is it just being built in the next 3 years. Is it possible to check the cadastre with Google, etc. maps? The point is that they are fighting against mansions and apartment buildings, but we poor people with many children will suffer.

Sergey (senior lawyer)

In principle, this option is quite acceptable, since the law does not provide for the mandatory attendance of inspectors on site.

Igor

Hello, this is the situation: in December 2017, I registered a country house by filling out a simplified declaration under the country amnesty. I managed to complete the simplified procedure literally in the last days. But the most interesting thing is not this; there is still no house. That’s how I wanted to simplify my life, but circumstances changed. Perhaps I will start construction this summer, of course, without any notification, according to the documents, the house already exists and I have paid the tax for it. Don’t bother building it, or they’ll sue me for forgery. Or state that demolition was not required before March 1, 19. Still, I want to build a house!

Sergey (senior lawyer)

Hello, Igor! It is better to build quickly, since it is unlikely that they will establish whether the documents correspond to the actual situation. In addition, your actions did not cause damage to the state and, therefore, you should not bear any responsibility.

ALEXEI

the land has been owned since 2011 and is intended for the placement of individual residential buildings. I built a foundation and box in 2013 for a house on this site and have frozen it for now, what can I expect in the future when registering this house and what now?

Sergey (senior lawyer)

Hello, Alexey! Until March 2020, to complete the construction of such houses, it is not necessary to obtain permission to put them into operation, and after this date it will be necessary to obtain permission, which will be associated with additional difficulties.

Alexander

Good afternoon. In 2000, we purchased a ZNP plot within the city with an old house, demolished the old house, received a building permit in the same year, began construction, privatized the land, completed the house and live in it, all communications are connected, all contracts are concluded, I pay all utility bills, registered at the address, I want to register the house, what should I do? The building permit has long expired! from the documents: a purchase and sale agreement for an old house and land, a certificate of state registration of land, and an expired building permit, how to legitimize it? only in court?

Sergey (senior lawyer)

Hello, Alexander! Based on Art. 55 of the Town Planning Code of the Russian Federation, you need to send a notification to the local administration about the completion of construction and provide the necessary documents. After the inspection, you will be given a notification about whether the house meets or does not comply with the mandatory requirements. Try to go this way first, and then you need to see what to do next.

Sergey

Hello. Construction of a house began on a site in SNT. I did not ensure that the markings for the piles were correct. As a result, the minimum distance to the neighbor's fence to the first corner pile was 2.85 m. Further, along the length of the house, 11 m, the distance increases to 3.5 m. Hands somehow dropped. Then illness and the house was not completed. There is a roof, windows, insulation, exterior finishing - siding. The walls are not lined inside. The house is frame. Please advise what can be done.

IMG_0823.JPG

Sergey (senior lawyer)

Hello, Sergey! It's not entirely clear what is bothering you. Deviation from the project or from the minimum permissible distances to the boundaries of the neighboring property?

Olga

Good day, Sergey! My husband and I have private household plot land, we built half a house on it, but we heard about the dacha amnesty that you need to register the house before March, that is, register it. What will happen if we do this in 2 years? There is supposedly a simplified design program now, is that true?

Sergey (senior lawyer)

Hello Olga! In this case, you will need to obtain permission to build and put the house into operation in the general manner. Until March 1, 2019, you can limit yourself to sending a notification to the local administration about the start of construction, and in this case you will not have to obtain a construction permit and permission to put the house into operation.

Vladimir

Hello! Plot for private plots (consists of 6 acres owned, 8 acres leased for 49 years). The house was built (foundation slab, walls, roof) on 6 acres with an entrance to 8. There are no documents for the house. Can I put it on cadastral registration using a simplified procedure (until March 1, 2019) without BTI? If yes, what documents? Will this be a plus for legalization through the court? Thank you!

Sergey (senior lawyer)

Hello, Vladimir! There is no way without the BTI, since it is the BTI that issues technical documents for the house, and without these documents they will not put it on cadastral registration. Therefore, it would be better for you to write a notification to the local administration about the start of construction, since if you have approval, you can do everything legally.

Ilya

Good afternoon There is unfinished construction on the garden plot (foundation, walls and roof). There are no documents for the house. In addition, on the side of the roadway it was built 1 meter from the boundary. Is there now an opportunity to legalize it? We can bring it into proper shape (plaster/screed) in 1-2 months.

Sergey (senior lawyer)

Hello, Ilya! You can submit a notice of the start of construction to the local administration. If approval is given, you can try to get technical documents for the house and register ownership.

Lyudmila

Hello! I need your help. The land plot is leased for individual housing construction; we do not have time to complete the construction of the house before the end of the lease agreement. Can I register ownership as an unfinished construction project and can I assign an address to an unfinished construction project? What documents will be required? Thank you.

Sergey (senior lawyer)

Hello, Lyudmila! Of course, you can register ownership of an unfinished construction project. To do this, you need to contact the BTI to obtain technical documents for the house, and then with these documents apply to Rosreestr with an application for registration of ownership. In accordance with Decree of the Government of the Russian Federation No. 1221, addresses can also be assigned in relation to unfinished construction projects.

Lily

Hello! After my father’s death, I inherited a plot with a house in SNT. The plot of land was registered as a property; my father’s house, in his words, was listed as “unfinished” (construction began in 1993). But I don’t have any documents for the house, as an unfinished object. The question is: is it possible, in light of the upcoming changes in legislation from March 1, 2019, to somehow raise documents for a house as an unfinished construction project, and what authorities should I contact for this? Thank you in advance!

Sergey (senior lawyer)

Hello! Try first contacting the board of the gardening association; they should have documents regarding the provision of land plots and, possibly, regarding the houses they have built. But you can register this house as part of the “dacha amnesty”.

Andrey

in 2011 Narofominsk BTI (Moscow region) issued a technical passport for an unfinished individual housing construction with an area of ​​684 sq.m. In 2019, Mosgosstroynadzor refused to accept a notice to complete construction because there was no construction permit in hand. Notification for the start of construction is also denied because the area of ​​the house is more than 598 sq.m. which is prohibited by the Moscow land use rules of 2017. What do you advise? Sue Mosgosstroynadzor and demand to issue a certificate of completed construction?

Sergey (senior lawyer)

Hello Andrei! Formally, the refusal to issue a permit to put the house into operation is legal, since there is no building permit. You can try to apply to the court to legalize the unauthorized construction. It is also worthwhile to first study the judicial practice on such cases in the Moscow region.

Leonid

Hello! What documents are needed to obtain permission to build a residential building that is registered in the Rosreestr as unfinished construction? That is, the house has a registration certificate, but no building permit. Most likely, I will not have time to complete the final construction of a residential building before March 1, 2020, and I will need to obtain permission to put it into operation. And for this I will need to obtain a building permit. Where should I (or should I not) go for this? And what documents need to be collected?

Sergey (senior lawyer)

Hello, Leonid! Currently, permits for the construction of individual housing construction projects are not issued. Therefore, we can expect that before March 1, 2020, changes will be made to the legislation that will allow this point to be taken into account when obtaining permission to put an individual housing construction project into operation. At the moment, this issue has not been formally resolved and the lack of a construction permit is grounds for refusal to issue a permit to put an individual housing construction project into operation (but obtaining this permit is not required now). Therefore, it is necessary to wait for changes in legislation or clarifications from government bodies.

Julia

Good afternoon. My dad had a plot of land and a house on this plot (damaged by a fire in 2014), then in 2015 he transferred it all to me under a gift deed. The house after the fire (not suitable for living) remains undisassembled. Nearby, in 2016, they began to build a new house; the foundation was poured, a log frame and a roof were installed. How and where should I go to register my unfinished property? What documents are needed? Or do nothing and finish building it slowly, which will take years. And how to properly formalize the demolition of an old burnt down house?

Sergey (senior lawyer)

Hello Julia! You need to contact the BTI to obtain technical documents for an unfinished construction project, and then submit documents to Rosreestr to register ownership. But in this case, difficulties may arise due to the fact that there is no notification to the local administration about the start of construction. The construction must be legalized, otherwise the house may be recognized as an unauthorized construction and demolished. To remove a burnt house from registration, you must submit documents to Rosreestr to remove it from cadastral registration and terminate ownership.

Leonid

Thank you, Sergey. It seems to me that you did not read my question carefully, so you did not answer me quite correctly. I wrote that I have a certificate of ownership for an unfinished house and I am already being charged a tax on this unfinished house. In addition, I have an address assigned to this house. Therefore, since I have a certificate and an address, it won’t be difficult for me to sell it. I bought it and re-registered it to myself. Most likely, I won’t be able to register. But on the other hand, if I register the house as completed, then I will be charged a property tax of several tens of thousands of rubles annually. In principle, I can already live in this house. But construction will continue for who knows how long. Tell me, is there any regulatory document obliging the transition of a construction site to completed construction and what period of time is allowed for this? Most likely, the previous owners submitted the building permit to Rosreestr when registering the unfinished building. Now I can put the house into operation until March 2020 without a commissioning permit. What will you advice me?

Sergey (senior lawyer)

Hello, Leonid! There is no such document. There is no specific time frame for completing the construction of houses. Therefore, whether to complete construction or not is your own business. But, in our opinion, it will be more difficult to sell an unfinished construction project according to the documents, although in fact you can live in it for the price you want.

Leonid

Good afternoon In 2014, I purchased a plot of land with an unfinished house. Received two certificates of state registration of rights. Separately for land and house. The residential building is registered as unfinished construction, residential purpose, degree of completion 27%. Land for individual housing construction. An address is assigned, and the tax office charges both land and property taxes at this address. Does it make sense to transfer the house to residential status or let it be listed as unfinished? And what documents are needed in case of re-registration of a house into a residential one? There are no documents other than the registration certificate of rights.

Sergey (senior lawyer)

Hello, Leonid! You cannot register in an unfinished house; it will be difficult to sell. In addition, the building permit (if issued) may expire. Therefore, if the house is built, then it is better to decorate it. You need to register the house in the cadastral register, obtain a technical passport for the house and submit an application for registration of ownership.

Daria

Good afternoon I own a fully legalized plot of land. They built a permanent house on it, but the completion of construction is still in progress. How can I draw up documents for it as an unfinished construction project and what needs to be done for this? Thanks in advance for your answer!

Sergey (senior lawyer)

Hello, Daria! You need to contact the BTI to obtain technical documents for unfinished construction. Then submit an application to Rosreestr to register the house in the cadastral register and to register ownership of it. A complete list of documents for registration is established in the law on state registration of real estate.

Irina

In 2017, I acquired a plot of land in SNT, and the ownership of it was registered. There is a cadastral plan of the site. This year we are building a permanent two-story house for subsequent living in it: the foundation and load-bearing floors of the first floor are ready, the slab of the second floor is poured. We are building a utility block with a capital foundation in parallel. They didn’t take a building permit; it didn’t seem like it was required. Is it important to register these buildings before January 1, 2019, and what is needed for this? And is it possible to register these buildings as the property of my husband (I am the owner of the land plot)?

Sergey (senior lawyer)

Hello Irina! If you do not register ownership of an unfinished construction project before 2019, then you will need to notify the local administration about the start of construction and check the construction project’s compliance with legal requirements. To register this right, it is necessary to obtain technical documents for unfinished construction from the BTI and then submit documents to Rosreestr for registration of property rights. The right of ownership can also be registered in the name of the husband.

Catherine

To the question below, is it worth registering unfinished construction? Or wait until January?

Sergey (senior lawyer)

It is better to start this year, since from next year changes will be made to the categories of land plots on which permanent residential buildings can be built. It is possible that the local administration for your lands will not accept urban planning plans or these plans will not allow the possibility of building residential buildings.

Catherine

Good afternoon We purchased a plot of land for rent in DNT, land in settlements, and dacha farming. Later we want to build a house and buy the land. Now the foundation has been poured, we won’t have time to complete the construction and register it using a simplified form before March 1, 2019. Tell me, do we need to get a building permit now? or register it as unfinished construction, and what will be the consequences in the future?

Sergey (senior lawyer)

Hello, Ekaterina! Nowadays there is no need to obtain a building permit. To register unfinished construction, you must at least pour the foundation and call BTI workers to draw up technical documents. Then you register the object in the cadastral register and register ownership of it.

Svetlana

Good afternoon I bought it in October 2018. land plot in SNT, lands of settlements. A capital foundation for the construction of a residential building has already been erected on the site, but with violations of the setbacks from the boundaries of the site, i.e. one side of the foundation is located from the fence with the neighboring plot not 3 meters, but 1.5 meters. Is it possible now (before 01/01/2019) to register the foundation as an Unfinished Construction Object? Will there be any problems with the registration of the Residential Building after completion of construction?

Sergey (senior lawyer)

Hello Svetlana! Ownership of an unfinished construction project can be registered. But difficulties may arise in obtaining technical documents, since the violation will be revealed during a foundation inspection. In addition, violation of the setback will allow the owner of the neighboring plot to make a demand to eliminate violations of his rights (for example, insufficient lighting), which can lead to the demolition of the house altogether.

Dmitriy

Hello! In 2005, I bought a plot with unfinished construction - a house of 6X6 meters. Land in the NSOT - for collective gardening and horticulture (land category - lands of populated areas). There is a cadastral plan of the land plot, a certificate for the land and a certificate for the unfinished construction site, a technical plan for the unfinished construction site. Now I've completed it. How to transfer to a residential building and register? And does this urgently need to be done before January 1, 2019? Or could there be problems later? Thank you!

Sergey (senior lawyer)

Hello Dmitry! In order to recognize this house as residential and suitable for living, you must contact the local administration to form a commission that will check this house for compliance with the requirements for residential buildings. After this, you need to draw up technical documents for the house and register ownership. The main thing is to see whether the town planning plan in force in your area allows the construction of residential buildings on such lands.

Maria

Hello! Please tell me: 1. We are building a house, the foundation/walls/roof/windows/street door have been installed. Nothing more has been done. Electricity is supplied to the house, but not brought inside. There is no heating. There is no well drilled for water (there is no running water in the village - everyone has their own well). Is it possible to register such a house (register ownership, put the house into operation)? 2. In connection with the above, please tell me what else needs to be done at a minimum, so that after putting the house into operation, it would be possible to register in it? Thank you

Sergey (senior lawyer)

Hello Maria! 1. Since August 2018, it is no longer necessary to obtain permission to put an individual housing construction project into operation. It is enough just to notify the authorized authorities about this. If the BTI issues you a technical passport for a house, then register it with the cadastral register, receive an address and register ownership. 2. It will be possible to register in the house if you have an address and registered ownership of the house.

Olga

Good afternoon. On the dacha plot, a foundation has been erected for the construction of a house. Is it possible and necessary to register this unfinished construction before January 1, 2019 (i.e., order a technical passport for it, register it with the cadastral register, etc.)? Or is there no point, everything will then have to be legalized through the courts?

Sergey (senior lawyer)

Hello Olga! From January 1, 2019, the rules for registering the construction of buildings on dacha land plots are changing. But at the same time, all previously registered ownership rights to such buildings are recognized by the state. Therefore, it is advisable to register ownership of an unfinished construction project.

Catherine

Hello! In 2014, we bought a plot of land, designated DNT, built a house (a log house under a roof on a summer foundation), and it remained unfinished; we did not receive any documents for the house. Now we are trying to sell, we heard that in 2019 problems may arise with such unregistered unfinished buildings. True? And what is the procedure for registering such objects?

Sergey (senior lawyer)

Hello, Ekaterina! Problems may begin now, since construction was carried out without obtaining any permits. The house is already an unauthorized construction. To legalize such houses, it is necessary to ensure that its parameters meet all the requirements, which can be confirmed by an examination, and to submit an application to the court to recognize the house as built in compliance with the requirements of the law. In addition, the law contains several other conditions when unauthorized construction can be legalized.

Marina

Hello! Please tell me what we should do. We want to buy a house, the house is completed, gas and water are installed. But according to the documents (according to the seller) it is listed as unfinished construction. The plot is owned by the seller. Can we buy this house, what are the risks, will we be able to register it and assign an address after the purchase, and what difficulties will we have to face? Thanks in advance for your answer

Sergey (senior lawyer)

Hello, Marina! The main difficulty is obtaining permission to put the house into operation. Without this document, it will be impossible for you to register ownership of the house, obtain an address and register in it.

Evgeniy Berdniko

Good afternoon. I'm going to buy land with an unfinished permanent house. The land has a permitted use of “Reserve Land (unused)”, according to the document “Gardening”, Land Category: Land of Settlements, refers to DNT. There are no documents for the house. Will I be able to register a house as an unfinished construction project if it is built in compliance with all standards? And the second question: if the registration of the house is successful, will it be possible to transfer the land to individual housing construction under such conditions?

Sergey (senior lawyer)

Hello, Evgeniy! You first need to decide whether the seller has the right to sell these lands, because according to the law they can only be in state or municipal ownership. If this issue is resolved, then you can register the house as an unfinished construction project after receiving technical documents for it. Changing the category of a land plot is also not difficult, but in this case it is necessary to first create the corresponding plot and register it with the cadastral register.

Tatiana

Good afternoon Please tell me - we have a Certificate from 2001 for the site with unworthy construction on it. Now we want to sell the plot. The unfinished building is actually ready for demolition. We make a cadastral plan of the site. Do I need to order a technical plan for my home? And should we just sell the land if the unfinished property has its own Certificate?

Sergey (senior lawyer)

Hello Tatiana! Since the house is still registered as an unfinished construction project, it is necessary to obtain a technical plan for it. But you can sell the land plot separately, leaving ownership of the unfinished house behind you, but you must determine with the owner of the land plot the procedure for using your house. If the owner does not agree, he can demand the demolition of the house in court.

ELENA

Hello. In Sevastopol in 2002. I bought an unfinished house under a purchase and sale agreement. There is a technical report, a cadastral passport and a state deed for the land on the right of permanent use for individual construction to the former seller. I completed construction of the house. There is a project for the house, an order and an agreement with the state administration for the construction of the house .What needs to be done and where to start in order to register ownership and cadastre for an unfinished house or immediately for a completed house? Thank you.

Sergey (senior lawyer)

Hello, Elena! You need to obtain permission to put the house into operation. A detailed list of documents that need to be completed can be found in Art. 55 of the Town Planning Code of the Russian Federation.

Sergey (senior lawyer)

Hello, Vsevolod! A house will be completed if conditions for people’s lives are created in it in accordance with the construction plan. After completing the construction of the house, you will need to obtain permission to put the house into operation and only then go to Rosreestr to register ownership of the house.

Vsevolod

Hello! (1) If a country house has walls (framework), a roof, openings for windows and doors, can the house be considered “finished”? (2) Suppose we registered an unfinished house. What steps will need to be taken when it is completed? Thank you! Sincerely, Vsevolod

Sergey (senior lawyer)

Hello Tatiana! It is necessary to look at what conditions the developer initially stated, namely whether he offered to buy a finished house or an unfinished house. But if the price is reduced, then you can agree to purchase an unfinished house, provided that the developer will assist in registering the unfinished construction project.

Tatiana

Hello, I signed a deposit agreement for the purchase of a house. Now the developer is offering to formalize the purchase of an unfinished house and enter into an additional agreement with me. Should I agree to this kind of deal?

Anna

Hello, there is one building, according to the documents, unfinished construction, 2 owners, one has everything done, they live there, and the other owner has it done under cover, rough finishing. Can one owner, without the other, register the construction as completed?

Sergey (senior lawyer)

Hello Anna! No, he can not. It is necessary to divide the house into two independent real estate units. Only after this the second owner can formalize ownership of the completed construction project.

Love

Hello, we purchased a plot of land with an unfinished building, 68 now we want to complete the construction. What are our next steps for registration?

Sergey (senior lawyer)

Hello, Love! This will depend on whether there are any documents for this building, whether it has been formalized in any way. In the worst case, if there are no documents for the house, you will have to legalize the building in court. If everything is in order with the documents, then you will only need to obtain permission to put the house into operation.

Oksana O

Good afternoon. Please tell me if it is possible to draw up a purchase and sale agreement for an unfinished construction project; the documents only contain a building permit; in addition, the object is located on land leased from the settlement administration. If it is possible to draw up such an agreement, what documents are needed? And is it possible to draw up such an agreement with a notary?

Sergey (senior lawyer)

Hello, Oksana! To purchase and sell such an object, it is necessary to register it with Rosreestr as an object of unfinished construction. Therefore, let the real owner first register the unfinished construction project and formalize ownership of it.

Anna

Good afternoon. I purchased a house with an issued permit for reconstruction, can I, without re-issuing the permit in my name, continue construction work and then commission individual housing construction in my name? Also in the same situation, I want to take out a mortgage for part of the work, will it be a problem that the permit is in the name of the former owner?

Sergey (senior lawyer)

Hello Anna! When transferring ownership of a capital construction project with an issued construction permit, it is not necessary to obtain a new permit. The old permit remains valid. But the possibility of obtaining a loan under a construction permit issued to the old owner must be clarified with the bank where you want to get a loan. Each bank may have its own requirements.

Victoria

Good afternoon. Please tell me.. We are going to buy land in SNT.. The land is registered as a property, there is a house on it, doors, windows, foundation, but the house is not decorated in any way.. The seller offers to buy the land, and let us handle the design of the house ourselves. A building permit was not required and that we will be able to obtain it under the dacha amnesty..? In the future we plan to live in the house year-round. Will we be able to register the house in our name without any problems? Thank you in advance.

Sergey (senior lawyer)

Hello, Victoria! If the house is permanent, then a building permit must be obtained and then permission to put the house into operation must be obtained. But here another question arises: is the construction of such houses allowed on land intended for gardening. Therefore, you must first look at the type of permitted use of the land.

Sergey

Hello. I own a plot of individual housing construction and an unfinished construction project. The house was completed, but the RnS expired. The architecture department said that all further actions are only through the court as self-construction! Is this true? What should be my actions in order to correctly register the property as a property?

Sergey (senior lawyer)

Hello, Sergey! First, you can try to extend the period of your building permit. But if it doesn’t work out, then further construction will be carried out in the absence of legal grounds and the object may be recognized as an unauthorized construction with its subsequent legalization through the court.

Irina

Hello, the house was inherited, they inherited it as if it was unfinished, they came to register it at the cadastral company, where it was already registered as a residential building, because... Mom started applying while she was still alive and didn’t have time to receive the documents, what should we do now? From the cadastral office they are sent to the notary to redo the documents, arguing that they entered into the inheritance incorrectly, and the notary sends it to the cadastral office

Sergey (senior lawyer)

Hello Irina! If the problem is obtaining new documents from the cadastral chamber, then you, as the heirs, should have been given these documents, since the death of the applicant does not suspend the ongoing process of registering an unfinished property as completed. The applicant's heirs simply take the place of the applicant. Therefore, you should try to find out in more detail from the cadastral chamber the essence of their claims and the legal basis for the impossibility of registering ownership of the house.

Eugene

Hello. Please tell me if we can register the house in our name if we buy it. The situation is this: there is land owned by two people. The house has utilities, but is registered as unfinished construction. There is a building permit.

Sergey (senior lawyer)

Hello, Evgeniy! There shouldn't be any difficulties. You can buy an unfinished construction project and register ownership of it. Another question is whether the construction was carried out correctly. If there were violations of the law during construction, then you simply will not be given permission to put the house into operation.

Hope

Good afternoon Please tell me, we have a plot of land in SNT, a permanent house has been built on it, the foundation, walls, roof, windows, doors are unfinished. We were denied a building permit due to the location of the site in the area for dacha farming and in the area of ​​the airport's air access strips. How can I register an object? Through court?

Sergey (senior lawyer)

Hello, Nadezhda! Under the current conditions, no way. The permitted use of the land must be changed. Land for gardening is not intended for the placement of permanent buildings; you can only build a country house on this site.

Nikolay Zakharov

Hello! Please tell me, is it possible to register in an unfinished property on individual housing construction, or is it possible to register an unfinished property as completed and register in it?

Sergey (senior lawyer)

Hello, Nikolay! You can only register in residential premises, which means a residential building, but not an unfinished construction site. Therefore, you will not be registered in a house that is not completed and put into operation. You will also not be able to register an unfinished house as completed, since you must first obtain permission to put the property into operation.

Alexander

Hello. In 1993, I was allocated a plot of land for lifelong use with a building permit. In 2006, by a court decision, my father’s ownership of the unfinished construction project was recognized. In 2010, under a gift agreement, the object was transferred back to me. The house is completed, what documents are needed and what is the sequence of actions to register it as residential. There is a certificate in my name for an unfinished construction project, a certificate of land ownership, and an address. Thanks in advance.

Sergey (senior lawyer)

Hello, Alexander! You need to contact the BTI to obtain a technical passport for your home. Then you need to contact the local administration to obtain permission to put the house into operation. After this, you can register ownership of the residential building.

Alexander

Thanks Sergey. There is one more question. The house is located 1.5 m from the border with the neighboring plot, this is not recorded anywhere since a cadastral passport was not made. Can this serve as a refusal to obtain permission to put into operation? The court decision contains the conclusion of a forensic expert that the preservation of this building does not violate the rights and legally protected interests of other persons. Can this help me?

Sergey (senior lawyer)

It is unlikely, since the issuance of a building permit is associated with checking the quality of the construction itself. But due to violations in terms of maintaining the distances between the building and the boundaries of the site, difficulties may arise in obtaining some of the documents necessary to obtain permission to put the house into operation.

Basil

Hello. 03/10/2018 I won a land plot for individual housing construction at auction. As I understand it, I need to demarcate the borders. Get a city plan, then a building permit. Question. Can I, with a capital foundation, unfinish the foundation as a property, and then the land as a property at a percentage of the cadastral value? I have a combat veteran's ID, if that helps in any way. It cost me a lot to rent. Thank you in advance.

Sergey (senior lawyer)

Hello, Vasily! The foundation, if all the necessary technical documents are available, can be registered in ownership as an object of unfinished construction with a subsequent pre-emptive right to purchase the land plot under it. But the purchase price will be determined by the local administration and, most likely, at market prices.

Love

Hello. In 2014, I bought a house as a residential building, unfinished construction. In 2017, they finished construction and re-registered it as a residential building. In 2017, we sold the house and now the tax office is asking us to pay taxes since we have owned the house for less than 3 years. But the address of the house remained the same. Only the cadastral number and area of ​​the house have changed. Why do they think that this is a different object? Or do I need to provide a tax certificate from the BTI that these are the same object?

Sergey (senior lawyer)

Hello, Love! Yes, this is a different object. According to the law, a completed real estate object and an unfinished construction object are considered as independent real estate objects.

Vadim

Lawyers, please tell me.. I have a plot of land for rent for individual housing construction. To date, a capital foundation has been built on it. Can I become the owner of this plot, with only the existing foundation?!

Sergey (senior lawyer)

Hello, Vadim! If the land is municipally owned, then you have a pre-emptive right to purchase this land without holding a tender, since you are the owner of the property on this site.

Tolik

I own a plot of land in SNT. The foundation for the house is capital but not completed. Time is running out before March 1st. What should I do? Where should I start collecting documents? After all, I have nowhere else to live and I was hoping to finish building a house and register

Sergey (senior lawyer)

Hello, Anatoly! You first need to order a technical passport from the BTI. Then you can register ownership of an unfinished construction project; in this case, you do not need to obtain permission to put the house into operation.

Marina

Good afternoon We have a plot of land in the DNP, lands of settlements; permitted use: for country house construction. We want to start construction with a gazebo and outbuildings, and then a house. Since the dacha amnesty is being extended, a building permit is not required. But we understand that in two years we will not have time to build a house in order to register it under the dacha amnesty. What is the right thing for us to do? Should I take the GPZU and construction permit now or not?

Sergey (senior lawyer)

Hello, Marina! To build a dacha, you do not need to obtain a building permit, since it is not a capital project.

Janis

Good afternoon, I want to buy a plot of land in DNP with an unfinished log house in the Moscow region. The seller has documents for the ownership of the plot. But the unfinished house is not registered in his name. He suggests that I buy it this way and then register it myself. What risks does this pose for me as a buyer? Should I agree or suggest that the seller first register the unfinished house in his name and then sell it to me? As far as I know, it’s easier for him to do this, since until March 1, 2018, some kind of simplified registration scheme is in effect. Or are there other options? Thank you.

Janis

Good afternoon, I decided to clarify the details of my previous request: the unfinished house on the site has a pile-screw foundation, i.e. As I understand it, this is a capital construction project. And another question: can a house be declared as a summer house, but in fact it will be used all year round? Thank you.

Sergey (senior lawyer)

Hello! To legalize a house, you must obtain a building permit and issue a technical and cadastral passport. After this, you can register ownership. You will not have time to do this until March 1, 2018. From this date it is also necessary to obtain permission to put the house into operation. Therefore, it is better for you to entrust the seller with the preparation of all the necessary documents for the ownership of the house, since you will have to complete all these documents. In fact, an unfinished house is an unauthorized construction with all the ensuing consequences.

Sergey (senior lawyer)

The capital nature of the house will be established when it is registered in the cadastral register. But it is impossible not to register it, since the local administration can pay attention to it at any time and demolish it based on a court decision.

Janis

Thanks for the answer. What if the seller now legalizes this unfinished building, and I buy it after that. But then, when I finish building the house, I will still need to register it according to a new, unsimplified scheme, right?

Sergey (senior lawyer)

Right. You will need to obtain permission to put the house into operation. This is a new requirement and is effective from March 1 of this year.

Janis

Good afternoon, please tell me, if the seller sells a house and land plot under the contract for a total amount of 915 thousand rubles, will he have to pay sales tax? Or does the tax not apply to transactions up to 1 million rubles? Thank you.

Janis

Good afternoon, once again. Thanks for the previous answers. Please tell me how to correctly draw up and name a deposit agreement for the purchase of a land plot with an unfinished residential building. The seller owns the land plot and has documents. And in a few days he will receive a document confirming the registration of the unfinished house. After that I have to pay him a deposit. And in connection with this question: the main agreement will indicate two amounts - for the unfinished house and for the land. And the total amount. Should the deposit be for one thing? Or does it count towards the total amount? And is it correct to call it: Agreement on the deposit of purchase and sale of a land plot with unfinished construction? Or a preliminary agreement for the purchase and sale of a land plot with unfinished construction with a deposit? Thanks for the answer!

Sergey (senior lawyer)

Hello! If the seller owned the house and land for more than 5 years, then he does not have to pay personal income tax.

Sergey (senior lawyer)

The deposit is counted towards the total amount under the contract that must be paid by the buyer. You can formalize it with a separate agreement on the deposit or include a condition on the deposit in the preliminary purchase and sale agreement.

Paul

Hello. I am renting a plot of land for individual housing construction from the administration at auction. Will I be able to divide it into 2 parts and build 2 houses?

Sergey (senior lawyer)

Hello, Pavel! Land surveying is carried out for the purpose of determining the boundaries of a land plot in relation to other plots. In your case, this would mean that you want to divide someone else’s land into two. Therefore, this is impossible without registration of land ownership.

Paul

Thanks for the answer! Although cadastral engineers believe that it is possible. Through the diagram of the boundaries of the land plot. After which approval and signature of the head of the municipality. Then assigning a cadastral number to each divided leased plot. And then re-registration of the lease agreement. Then tell me, if I build only the foundation of one house on a single leased plot, then I can register this building as an unfinished house as unfinished construction??? After what, on the basis of the ownership of my unfinished property, make a purchase of the entire land plot from the municipality??? Well, then I’ll survey as I want!

The house is built, and the developer invites you to accept the apartment. It would seem that what could overshadow this moment? It turns out that some developers began to refuse to inspect apartments for shareholders if they brought repair technicians with them to the inspection to help in identifying defects. Novostroy-M found out whether this is legal and how to act competently in such a situation.

So, recently an innovation has appeared on the primary real estate market: some developers have stopped allowing professional builders and finishers (technical specialists) to inspect apartments with equity holders, who are able to immediately notice the shortcomings of the apartment and help the buyer correctly list them.

Some developers believe that only the parties to an agreement on participation in shared construction or an agreement on the assignment of the right to claim under an agreement on participation in shared construction, as well as their close relatives, can be present at the inspection of an apartment. There is a clarification here: you must take a document confirming your relationship. A representative may also be present at the inspection under a notarized power of attorney.

Remember the last phrase - this is important, and we explain in detail below in the lawyer’s commentary.

In a word, the developers justify their refusal very simply: the share participation agreement was concluded with the shareholder - so let him inspect it, and do not allow outsiders into the construction site. Such situations have never happened in the market before; the first cases were recorded at the end of 2017.

The forums immediately boiled with outrage. How is this possible? Why aren't they allowed? This means that they are hiding something, which means that the quality of construction is very poor - since they don’t want a professional to help the equity holder inspect the apartment. Bring a document confirming your relationship? Don't you need to donate blood? And so on and so forth.

Novostroy-M decided to contact a lawyer and find out whether the rights of buyers of apartments in new buildings were being violated in this case and how to act competently in such a situation. Denis Artemov, senior lawyer at the law firm Via lege, commented on this problem:

214-FZ does not provide detailed rules for accepting an apartment, which is what some developers take advantage of, preventing the shareholder from inspecting the apartment accompanied by a professional builder. The acceptance certificate itself must indeed be signed by the developer and the shareholder (or the shareholder’s representative by proxy), and it is not stated anywhere who has the right to simply be present during the inspection of the apartment. This is a legal gap.

However, I believe that you can argue with the developer and go through the apartment acceptance process with a technical specialist (an acquaintance who understands construction). To begin with, we can say that the friend does not sign any acceptance documents. If such an answer does not convince the developer, and he still refuses to allow the real estate investor and a professional builder to inspect the apartment, then I would try to replace the notarized power of attorney with a simple written authorization to be present when accepting the apartment; it is written by hand and does not require money (clause 3 Article 185 of the Civil Code).

The power of attorney can be written directly in the apartment in the presence of a representative of the developer. By law, it is equivalent to a notarized power of attorney. If the developer refuses this, I would write a written claim to the developer about obstruction in the acceptance of the apartment, demanding the admission of a technical specialist and demanding the developer (his representative) to refer to a rule of law that prevents the presence of a technical specialist during acceptance. It is always better not to look for the rule of law yourself, but to puzzle the developer with this - let him explain, referring to the law, what the shareholder is violating.

The claim must be submitted officially either to the developer’s office or by mail. There is a high probability that the technician will be allowed in immediately after this. Additionally, you can tell the developer’s manager that you will file a complaint with Moskomstroyinvest, Rospotrebnadzor and the Prosecutor’s Office. This is easy to do via email; a couple of paragraphs with a simple description of the situation will be enough.

In these complaints, I would refer to the fact that I am a consumer (Clause 9, Article 4 of the Federal Law “On participation in shared construction...") and have the right to complete information about the apartment (Article 8 of the Law on the Protection of Consumer Rights). IMPORTANT: you will have to wait a long time for an answer, during which time the developer may draw up a unilateral acceptance certificate for the apartment.

Therefore, the easiest way is to first give the developer a notarized power of attorney for a technical specialist and first send him to the apartment, citing his employment. That is, act strictly within the framework of the developer’s regulations.

Of course, the specialist will not sign the acceptance certificate, but after the visit he will tell you in detail about the apartment and the shortcomings he saw. And then you yourself will come for a second inspection of the apartment, based on the results of which you will sign or not sign the report (but already motivated, with technical calculations for construction deficiencies).

There is only one downside to this solution: you will have to pay the notary for the power of attorney. But you will save your time and at the same time still accept the apartment with a technician.

Publication date February 13, 2018