Commissioning of a shared construction building, or multi-apartment residential building, is carried out according to a standard scheme, which will be discussed in the article. The commissioning procedure involves obtaining the appropriate permit, as well as ensuring that the house complies with the approved plan and draft.
Before going to the authorized construction supervision organization to submit an application and a package of documents, the developer must:
- Carry out a full range of construction works that meet the requirements of the project. Here we are talking about basic work that ensures the safety of residents. As for the improvement of the nearby area (for example, planting gardens), this work may not be completed;
- Obtain a technical certificate for the building, and then register the house;
- Get an address (police). In practice, before receiving such an address, the building will have a construction “registration”;
- Receive a document confirming compliance with technical conditions from suppliers of electricity, gas and heat;
- Carry out the necessary set of tests related to natural ventilation, thermal imaging and air permeability.
Only if the mentioned conditions are met, you can submit documents and expect to receive a permit and a commissioning certificate. Otherwise, the likelihood of a positive outcome is minimal.
Entry procedure and required documents
The main functions in the matter of commissioning an apartment building are assigned to the developer. It is he who must contact the relevant authority with an application and a package of documents confirming the compliance of the building being put into operation with current standards. Only in this case can an entry act be drawn up and the necessary permission issued.
An important point is the transfer of a package of documents, including:
- A diagram showing the site plan where an apartment building is being built;
- Papers that would confirm the right to construct a building on a specific plot of land;
- A document permitting the construction of a residential building on the allocated territory;
- Acceptance certificate for a capital construction project. You cannot do without such paper if the restoration (reconstruction, construction) of the building was carried out on the basis of a contract.
In addition to those listed above, you will need papers that would confirm the compliance of the residential building with the norms and requirements prescribed in the technical regulations, compliance with the prescribed technical conditions, and so on.
In addition, commissioning is impossible without presenting a diagram that would reflect all engineering communications, as well as a conclusion from the construction supervision body confirming the house’s compliance with capital construction equipment requirements.
It is worth noting that the mentioned list of documents is not transferred by the developer immediately. First, the developer submits a notification that the construction of the house is completed and it is ready for commissioning.
At the next stage, a commission is assembled, which includes a whole group of specialists in the field of fire, environmental and sanitary-epidemiological safety. Their task is to check the house for compliance with the requirements in force in 2016, after which an inspection report must be signed.
Next, GASN employees draw up another act confirming that the constructed house and apartments, in particular, correspond to the information specified in the construction project. Only after this, the entry order implies the beginning of collecting the package of papers mentioned above.
In practice, the commissioning of a house may occur according to a different scheme. For example, after completion of construction work, employees of the construction supervision service come to the site and conduct an audit of the house and each apartment to ensure compliance with the documentation and current standards. If deficiencies are found, they are reflected in the corresponding order (act).
Commissioning is not possible until all detected problems are corrected. This is why the process of commissioning a house may take longer than the developer plans at the initial stage. Even experienced construction companies find themselves in situations where commissioning has to be delayed by one or two months, or even a whole quarter.
Putting a building into operation and handing over the keys: what's the difference?
Many people do not understand what the main differences are between handing over the keys to an apartment to the owner and the process discussed in the article (that is, commissioning). Everything is simple here. The first period, concerning the commissioning of an object, is established approximately and is expressed, as a rule, in quarterly terms. Here, the construction company relies on experience in performing the work and the approximate time frame when the construction of the facility should be completed. If necessary, this period can be adjusted by the developer without the need to notify future owners of a particular apartment. This practice has been in effect since 2016 and is generally accepted. In this case, the change in the period can be made not only in a larger, but also in a smaller direction.
As for the deadline for handing over the keys, it is reflected directly in the contract. Here the requirements are more stringent than in the case of conventional commissioning. If the contract states that the apartment must be transferred to the owner no later than October 25, 2016, then the user must receive the apartment before this date. Here, adjustment of the term by the developer without informing the shareholder is prohibited.
If the developer violates the deadline specified in the contract, then for each day of delay he is obliged to pay 1/150 of the refinancing percentage. For this reason, the developer is doing everything possible to ensure that the inspection report is positive and that the commissioning itself occurs within the agreed time frame.
As a rule, the interval between two events (key transfer and entry) is no more than six months. In extreme cases, the procedure may take longer, and the difference will be one year. Of course, this does not mean that the construction company will complete commissioning and will not distribute keys to shareholders. It is worth remembering here that protecting a facility is an expensive pleasure. On the other hand, he will have all the legal rights to carry out such manipulations.
What happens after the entry certificate is issued?
As soon as the commissioning certificate is received, the developer begins to perform additional work, namely:
- Completing the finishing process for each individual apartment, as well as performing work on landscaping the area near the house. If minor non-conformities are found, they must be eliminated;
- Start-up and commissioning of equipment is underway. In particular, the operation of the elevator system is started or configured, the operating pressure is issued in the pipes, the functionality of pumps is checked, as well as systems that control leaks, meter readings are taken, and so on;
- The main package of documents is drawn up with suppliers of energy resources - heating networks, water utilities and others. Afterwards, the entire package of agreements involving service is concluded;
- The construction company's customer support service is responsible for accepting apartments, without which commissioning is impossible. After checking the quality of finishing work, a corresponding report is drawn up. If there are problems, the developer is obliged to eliminate them within the time frame determined by the commission. After this, the service mentioned above again checks to see if the problems have been resolved or not.
- Next, an agreement is drawn up with the management organization. After this work, the building is accepted for balance. The acceptance and transfer of the object is also carried out here.
- A schedule is created according to which the apartments for rent are inspected. In this case, a message about the completion of construction work and the readiness of the object for transfer must be sent to the shareholder 30 days (or earlier) before the transfer of the owner’s keys. The message is transmitted to the shareholder using a registered letter. However, the entire process can take up to four months.
The construction of residential buildings, especially when it comes to multi-storey buildings, is a very responsible process, since violation of building codes can lead to tragic consequences during the operation of the building. Therefore, the quality of construction work is necessarily controlled by the state.
Before owners begin to move into new apartments, they must obtain permission to put the new building into operation from government regulatory agencies. How the quality of work is controlled at different stages of construction of a residential building, what documents confirm the quality of the constructed object, will be discussed in this article.
How is the quality and safety of a new building confirmed?
For citizens who become the final consumers of the product from the developer - residents of new apartments, the implementation of technologies for quality control of construction work will seem very vague. To a greater extent, they are interested in a question of a slightly different nature - when it will be possible to move into the apartment and begin to make repairs, in other words, to settle into a new home.
The technology for quality control of construction work by the state is organized in such a way that until the developer receives permission to put the facility into operation, apartments cannot be transferred to citizens for use. The received permit, in turn, is a guarantee for new residents that all work was done properly and nothing bad will happen to the house in the future.
Legislative acts and procedure for obtaining permits
So, after the completion of construction work, the time begins for the developer to prepare a number of documents. These documents are intended to confirm the quality and safety of use of the constructed facility, and also serve as the basis for the transfer of apartments to their owners. Many, out of old habit, call the quality control process a “state commission,” although in fact the procedure for handing over an object was changed quite a long time ago.
Acceptance of the house by the “state commission” in the usual sense of this wording was carried out until the end of 2004, when the Town Planning Code of the Russian Federation was adopted and came into force. The commission consisted of representatives of design organizations, architectural and construction control, fire, sanitary control, as well as specialized employees of a number of other organizations. And permission had to be obtained from each organization whose representative was present on the commission. After the new acceptance procedure came into force, the preparation of the necessary documents began to take place in a comprehensive manner.
After the introduction of the Town Planning Code, the acceptance procedure was somewhat simplified; today, the commissioning of a facility is regulated by the following legislative acts:
- Article 55 of the Town Planning Code of the Russian Federation (Federal Law No. 190), the text of which states that the acceptance of capital construction projects is carried out by local authorities. For projects under construction in Moscow, such a body is the state construction supervision committee, and for new buildings in the Moscow region - federal or local government bodies;
- Regulations on the implementation of state construction supervision in the Russian Federation (introduced by Decree of the Government of the Russian Federation No. 54 of February 1, 2006). Based on this document, construction supervision authorities check the work at each stage of construction - from the developer receiving permission to conduct construction to the final stages of work.
These legislative acts, in essence, reduce all measures for the acceptance of a facility to the need for the developer to obtain two documents:
- Conclusion of Compliance (AOC) “Conclusion on the compliance of the constructed, reconstructed, repaired capital construction facility with the requirements of technical regulations and design documentation.”
According to the “Regulations on the implementation of state construction supervision in the Russian Federation,” inspections are carried out throughout the entire period of construction work, and by the time the final inspection is carried out, a whole list of inspection reports has been accumulated, which contain information about shortcomings, the time and timing of their elimination.
The conclusion is issued on the basis of the final inspection of the facility by representatives of the State Construction Supervision Committee, as well as reports of intermediate inspections. The committee includes specialized specialists, each of them checks a certain segment of work corresponding to its specialization - these are electricians, plumbers, sanitary and epidemiological supervision, fire inspectors, etc.
- Based on the AIA, as well as a number of documents (not related to the acceptance procedure, this is a certificate of land ownership, etc.), the developer is issued the main document - Permission to put the facility into operation.
After permission to put into operation is received, the house is considered to have passed the state inspection, the level of quality of the work carried out has not raised any complaints, and residents can be calm about the safety of their residence. This means that the house can be registered with the state (a postal address is assigned), in addition, permission to put it into operation means that the apartments can be transferred to the owners (transfer and acceptance certificates are signed).
What should be ready at the time of the final inspection
Before representatives of the State Construction Supervision Committee appear at the site and begin their work, the developer (general contractor) must complete the following work:
- Construction and installation works;
- Work on organizing engineering communications;
- Conclusion of contracts for the maintenance and operation of utilities (elevator facilities, water supply, sewerage, gas supply, heating, electricity supply);
- Improvement of the local area (paved roads for cars, lighting, parking lots, etc.);
- Measurement of the object by employees
In other words, the property must be fully prepared for habitation. Any shortcomings may be an obstacle to obtaining an AIA and, accordingly, to obtaining Permission to put the facility into operation.
The absence of this permission determines the impossibility of transferring the apartment to the owners. That is, the developer is unable to fulfill its obligations to counterparties on time. And this is fraught with lawsuits and possible expenses for the developer.
Move-in and renovation
Before the adoption of the Town Planning Code, it was common practice to provide apartment owners with the opportunity to carry out renovations before the house was officially put into use. Today, the procedure has become stricter - occupancy can occur no earlier than the developer receives permission to put the house into operation.
After permission is received, the apartment is transferred according to the acceptance certificate (BTI measurement data must already be ready). At the time of signing the deed, the keys are usually handed over, and the owner can use the living space at his own discretion.
However, the owner is advised to refrain from carrying out major repairs that involve changes in the configuration of the apartment until a certificate of ownership is issued. This document confirms that the apartment belongs to its owner; only with this document can the apartment be sold, donated or inherited.
The law quite clearly states the following: making any changes to the configuration of the apartment before receiving it is unacceptable. This provision is related to the procedure for obtaining a cadastral passport (required to obtain a certificate of ownership). During this procedure, it may be necessary to re-measure the areas of the apartment.
If various design elements (finishing with plasterboard sheets, constructing decorative elements - partitions, niches, etc.) become an obstacle for measurers, the latter can legally demand the elimination of these obstacles. Failure to comply with this requirement is an obstacle to registration of ownership rights, and implementation (dismantling of finishing elements) is associated with unnecessary costs.
Conclusion
So, this article listed all the measures necessary to obtain documents that guarantee sufficient quality of construction and related work, as well as safe living in apartments of a new building.
The modern permitting procedure is designed in such a way that there is a designated person responsible for performing the inspection at each stage. This made it possible to eliminate “absentee checks” carried out for a well-known incentive. During the final inspection, reports of intermediate inspections are reviewed - this way you can track the quality of the “hidden” work, as well as the level of responsibility of the developer, and the level of organization of internal control.
In addition, the modern inspection system has made it possible to slightly reduce the time required to complete the necessary documents. Now, a developer who diligently complies with all building regulations needs 2-3 months to complete the necessary documents, including transferring the apartment to the owner.
When buying an apartment at the foundation pit stage, or rather, investing money in its construction, it is very difficult to predict what will actually happen to the construction site and the future home. The risks are colossal, and everyone understands this. Therefore, we are ready to overpay our hard-earned money for housing in almost completed and fully finished buildings, hoping that in the last stages of construction all possible problems are a thing of the past. But, alas, this is not so.
This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.
And in order to protect buyers of new buildings from possible mistakes, "" decided to find out what troubles one might encounter when purchasing real estate at the very end of the project.
Almost built
The construction site has high walls, and some buildings even have roofs, and the developer proudly declares that finishing work is underway there and that in just a couple of months the project (or its next phase) will be completed. In general, it is almost completed. But almost - it’s still not ready, and it’s too early to relax: “All the risks characteristic of primary housing remain until the facility is put into operation,” - says Roman Semchishin, director of the investment department of TEKTA GROUP, although they decrease as construction is completed. But you can still encounter double sales, violation of the terms of the contract under which the property was purchased, changes in layout and footage, and low quality construction. “For example, there was one project where geodesy requirements were completely ignored during construction. As a result, when the geodetic company finally started work (in fact, it was an inspection, not construction control), they discovered that the elevator shaft deviated from the specified position by almost 15 cm. That is, the house was completed, but it was impossible to rent it out.” , - says Artem Gorlyub, Deputy General Director of CJSC GVSU-Realty.
But the most important thing is that even at the final stages there are risks of delaying construction and unfinished construction, and even Law 214 “On participation in shared-equity construction of apartment buildings and other real estate…” does not save from them, as we talked about in the article “”.
As noted Natalya Kozlova, General Director of OJSC Glavmosstroy-nedvizhimost, the law only encourages developers to put facilities into operation in a timely manner. “But it does not in any way regulate the developer’s mistakes and miscalculations related to the economy, payment of interest on loans, encumbrance on the project (city share, co-investor share, etc.). If the developer runs out of money or goes bankrupt, the obligations under 214-FZ will not go away, but there will be no money to answer them,” says Alexey Kharitonov, director of sales and marketing at YIT CityStroy.
Of course, it cannot be said that the suspension of construction of almost completed projects is a common practice, because, as Andrey Blazhko, a member of the board of the Domostroitel group of companies, General Director of Domostroitel-Yugo-Zapad LLC, notes, when a house is practically completed, there is a special need for There is no longer any funding, and therefore there are very few situations in which there is not enough money to complete the project. “In addition, it is not profitable for the developer to stop construction (especially when he works under 214-FZ: this is fraught with fines and penalties. - From the editor). If 5-6 floors are not completed in a 14-20-story building, then the risk of long-term construction actually remains only for small companies. Large developers, as a rule, have the opportunity to refinance or take out a loan from another bank,” says Rodion Alekseenko, Deputy General Director for Sales, SCM Group.
However, according to data lawyer Oleg Sukhov, head of the legal center of the same name, financing for about 10% of all new buildings ends before the completion of construction, i.e. they turn into unfinished and long-term construction, including in the final stages.
Irina Dobrokhotova, Chairman of the Board of Directors of the BEST-Novostroy company, gives as an example one of the most famous long-term construction projects in Moscow - the Vertical residential complex, its new name is Well House on Leninsky: “The developer on the site changed several times, changes were made to the project itself, including regarding the number of floors of the building. And then the crisis affected the pace of its construction.”
In general, it is quite difficult to predict how quickly a house will be completed. “Moreover, it should be noted that delaying the deadlines may be accompanied by the expiration of the construction permit and the land lease agreement, which requires the extension of these documents, and this again means additional time and an increase in construction time,” says Artem Gorlyub (GVSU-Realty CJSC ).
“And there can’t be one hundred percent confidence in the completion of construction, because no one, except those who are privy to the internal affairs of the developer, knows the company’s problems,” warns Sergey Zharikov, Deputy General Director of the SK Slavyansky group of companies. Likewise, the developer’s intentions and plans are not known. “For example, without completely selling a property that is being completed, he can start purchasing new sites, using the proceeds from the sale of apartments in an almost completed project for these purposes. And in the end it may turn out that the developer overestimated his strength. Conflicts between shareholders are also common, leading to the freezing of projects,” says Artem Gorlyub (GVSU-Realty CJSC). Moreover, the problem for the developer is not the one in which the buyer bought an apartment, but another one, for example, at the initial stage of construction, but if the developer goes bankrupt, this will not save the shareholders of the almost completed residential complex.
The house was built but not delivered
The risks of unfinished construction and delays in construction disappear only when the house is completely completed, and then it becomes clear whether the developer has fulfilled his quality obligations. However, this is only half the battle; before moving in, it is necessary that he receive conclusion of the state construction supervision body on compliance with the requirements of technical regulations and design documentation(AIA)
And permission to commission
(RVE). And this process sometimes drags on for years and sometimes requires additional time, nerves and money and leads to litigation. In addition, as lawyer Oleg Sukhov notes, even at this stage the developer can begin bankruptcy proceedings, for example, if the completion of the project is impossible or is not interesting to him or local authorities, and then buyers or shareholders risk being left without housing, and without money.
Although in most cases, sooner or later, completed residential complexes are still put into operation. “And if we talk about Moscow and the Moscow region, now rarely does anyone delay the commissioning of a facility for more than six months,” he optimistically assures Natalya Blankova, marketer at Etalon-Invest. Delays in this process occur for a number of reasons. “For example, difficulties may arise with the installation of utility networks and connection to communications,” says Roman Semchishin (TEKTA GROUP). This is perhaps the most common problem, which, according to lawyer Oleg Sukhov, affects about 10% of new buildings.
It arises as a result of delays in technical conditions or non-compliance with them, errors in construction permits or errors made during the design and construction of engineering systems, or a lack of capacity in the area, and sometimes due to the negligence of the developer. “For example, there are very frequent situations when the developer does not lay external networks. Thus, in Balashikha there was a case when an entire microdistrict was not connected to the networks, shifting this concern to the city authorities. The problem was resolved only 1.5 years after mass demonstrations of defrauded shareholders,” says Artem Gorlyub (GVSU-Realty CJSC).
There are also frequent cases when a developer builds communications, but cannot obtain permission to connect them - due to the poor quality of utility networks or administrative squabbles. Moreover, it should be noted that such a risk is higher when a house is built by a small company, especially if this is its first project: “As a rule, such developers do not have well-established work with the municipality and do not have a lobbyist on technical conditions and administrative issues,” explains Rodion Alekseenko ( "SCM Group").
“Also, significant reasons for delays in the commissioning of housing include deviations from the project during the construction process (for example, an increase in the number of floors, an increase in the total area of the house), violation of construction technologies, administrative problems (for example, failure to fulfill the terms of an investment contract or the need to adjust it), etc. etc.,” lists Alexey Kharitonov (“YIT CityStroy”). The saddest case is when it turns out that a house was built illegally, for example, on a site not intended for housing construction or incorrectly registered as ownership or lease, or under an investment contract obtained illegally in circumvention of existing construction restrictions and urban planning plans. In such situations, already completed houses, instead of receiving permission to put them into operation, were even subject to demolition. But, it’s true, there are still not many such stories; much more often questions arise about the quality of the object.
“The scourge of all new buildings is construction defects: broken windows, doors and windows that do not close, and more serious violations, for example, the above-mentioned deviation of the elevator shaft,” says Artem Gorlyub (GVSU-Realty CJSC). In the crisis and post-crisis years, it got to the point that developers even switched to cheaper and lower-quality materials during the construction process, and today such projects regularly have problems during commissioning. “In general, due to the building’s non-compliance with building codes and requirements for environmental protection or fire safety, lack of glazing on the loggias, or municipal repairs stated in the permitting documentation, about 5% of new buildings suffer from a delay in receiving the RVE,” says lawyer Oleg Sukhov. True, in such cases, it is better to delay than to rent out the house bypassing all the rules, which can lead to living in low-quality housing and even a threat to life and health.
Problems with engineering systems and inadequate quality of housing are the most serious; even with the most favorable outcome, they usually have to wait at least six months for solutions, so if the reasons for the delay in commissioning are not so serious, then we can consider ourselves lucky. “For example, the delay may be due to a discrepancy between the BTI data and the project documentation on the issue of apartment numbering, if in the documents, for example, the numbering is from right to left, but in the BTI it’s the other way around. Or technical errors are discovered in the DDU,” says Artem Gorlyub (GVSU-Realty CJSC). Also, the developer sometimes needs additional time to bring the documentation in accordance with the requirements of the State Construction Supervision Authority, to collect all kinds of certificates and eliminate minor deficiencies. And as Alexey Kharitonov (YIT CityStroy) assures, all such issues are usually resolved within three months.
After commissioning
But even after the project is put into operation, there remain risks associated with settlement, living arrangements and registration of ownership of apartments.
Very often, the state commission accepting the house overlooks some shortcomings, and if the developer “has everything covered,” then a completely low-quality object may be put into operation. And in such cases, the buyer himself has to fight for quality: refuse to sign the act of transferring the apartment, write claims to the developer about eliminating defects on the basis of an equity participation agreement (according to 214-FZ, the developer is obliged to ensure the quality of housing, and a warranty period is also established during which he must eliminate all defects free of charge), or even go to court.
Problems may also arise with communications. “For example, when connecting a house to external utility networks according to a temporary scheme (connecting electricity via overhead, etc.), as a result of which the consumer (especially in the Moscow region) risks being left without water and electricity,” says Tatyana Tikova, Director of the Asset Management Department of PSN Group.
In particular, this is possible if the project is put into operation in stages: “In such cases, the first stages can be connected according to a temporary scheme to existing communications with the expectation of subsequently connecting to a new powerful infrastructure. But if problems arise with its construction for one reason or another, then the first stages remain connected according to a temporary scheme or are left without communications for some time,” says Natalya Blankova (“Etalon-Invest”).
There are also stories when, after putting a house into operation, the developer simply refused to transfer the house to a permanent connection scheme. In general, if an object receives an electrical power supply, having a connection under a temporary scheme, this may mean that the developer has not met a number of technical requirements or has not even paid for the connected capacity for connection under a permanent scheme. The management company (often affiliated with the developer) nevertheless accepts such a house, closing the issue with a letter of guarantee with the corresponding obligations. But no one is in a hurry to implement them, because connecting according to a permanent scheme requires considerable costs, and as a result, after a couple of years, residents, for example, tired of power outages, may receive an offer to chip in for transformers and switchboards.
And even if the developer turns out to be honest, corrects his mistakes, eliminates shortcomings and transfers the project to a permanent connection scheme, it takes time. “During which the elevators operate inconsistently, leaks occur in the pipes, there are interruptions in water, heating, power supply and garbage removal, etc. And the opportunity to fully use the entire engineering infrastructure of the house, i.e. to live normally, often appears only 3-4 months after the completion of the house,” says Alexey Kharitonov (“YIT CityStroy”). Thus, as noted by Sergei Yakovlev, Deputy General Director for Legal Affairs of ZAO Housing Capital Group of Companies, there is a risk of additional financial costs for those who rent housing or have taken out a loan to pay, planning to repay it by selling their existing apartment (that , in which the borrower lives). But, however, this risk may arise earlier, with any delays in the construction of a house or in obtaining the RVE.
However, a more serious problem after commissioning and signing of the acceptance certificate of housing may arise with its registration as property. This means that it will not be possible to register in the apartment, it will not be possible to sell, exchange or rent it out (with a contract, i.e. officially).
Registration of ownership is most often delayed due to paperwork: “For example, if development is carried out on state or municipal land, in order to register the ownership rights of equity investors, it is necessary for the developer and local authorities to sign an act of implementation of the investment project. He confirms that local authorities have no claims against the developer regarding his property share, and only if this document is available, the rights to the constructed housing can be registered with Rosreestr. If this act is not signed, all that remains is to wait for it to be signed or to recognize the rights to apartments in new buildings in court,” explains Vasily Sharapov, lawyer at the development company City-XXI Century. The only good thing is that the courts more often end up on the buyer’s side, but in any case, they take up time and nerves, and if the property was purchased with a mortgage, then the overpayment on the loan also increases, because before registering the property as a property, the rates are higher.
“At the same time, about 80% of buyers of new buildings face delays and the risk of legal registration of property,” says lawyer Oleg Sukhov. If the property was sold under the DDU in accordance with 214-FZ, then the likelihood of avoiding a trial is higher; in this case, the delay in registration of ownership most often occurs only when registering the first apartment, because Rosreestr checks all documentation, and subsequent properties in the same building are registered quite quickly, although, of course, there are delays. “But, it’s true, if the construction permit was issued after April 1, 2009, then by law the participant in shared construction has the right to claim a penalty,” says Sergei Yakovlev (“Housing Capital Group of Companies”). That is, not everything is so bad. But if housing was purchased in circumvention of 214-FZ or earlier than it was adopted, that is, under preliminary sales and purchase agreements, bills, etc., then the likelihood of a lawsuit increases. And even under favorable circumstances, the wait for registration of ownership takes longer - according to Alexey Kharitonov (YIT CityStroy), a year or even more - after all, the developer must first register the project as his property, and then each apartment is individually transferred from the developer to its new owner. And it must be borne in mind that even at this stage the illegality of the construction or violation of technical conditions during its construction may be revealed, and, as noted Vadim Cherdantsev, senior lawyer of the practice “Earth. Real estate. Construction" of the law firm "Cliff", it could all end with the building being demolished as an unauthorized construction.
“In addition, when buying an apartment after putting the house into operation, but before registering ownership rights, the transaction is no longer formalized by the DDU, but by a preliminary purchase and sale agreement, under which no right of claim arises,” says Natalya Kozlova (Glavmosstroy-real estate). , and this increases the risk of delays in registration of property and the risk of double sales. The only reassuring thing is that in practice such cases are rare.
But unreasonably large utility bills are a common problem: “There are many cases when management companies at the stage of moving into a house are determined by the developer, they charge high prices for their services, but the garbage is not removed, faulty communications are not repaired, preparations for heating season is carried out late, etc.,” says Sergei Yakovlev (“Housing Capital Group of Companies”).
It is, of course, very difficult to protect yourself from all risks, but in continuation of this topic, “” will tell you how they can be reduced, and also give advice on how to behave if problems do occur.
1. The house has not been put into operation. Do I have to pay for MSW removal?
1.1. If no one lives in the house, then you don’t have to pay. If you actually live there, then you need to pay.
2. Do I have to pay tax if the house is not yet put into operation?
2.1. Tax Code of the Russian Federation Article 400. Taxpayers
Taxpayers (hereinafter in this chapter - taxpayers) are individuals who have the right of ownership of property recognized as an object of taxation in accordance with Article 401 of this Code.
Objects of unfinished construction are recognized as an object of taxation for the property tax of individuals (Article 401 of the Tax Code).
If the object is not registered until the completion of construction work. In this case, individuals will not have to pay property tax. Best wishes.
3. What types of contracts are concluded between the parties if the house is not put into operation?
3.1. Hello, before putting the house into operation, an agreement on equity participation or assignment of the right of claim (cession) must be concluded.
Good luck and all the best.
3.2. Hello! Who do you mean by parties? What is the relationship between these parties?
I would venture to suggest that you are asking in a veiled manner about the shareholder and the developer. In this case, an agreement on shared participation in construction is concluded.
4. Can bailiffs seize a new house that has not been put into operation?
4.1. Bailiffs have the right to seize any property, including all sources of income, with the exception of the property specified in Article 446 of the Code of Civil Procedure of the Russian Federation.
Collection under executive documents cannot be applied to the following property owned by the debtor citizen:
residential premises (parts thereof), if for the debtor citizen and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance foreclosure may be subject to mortgage laws;
(as amended by Federal Law dated December 29, 2004 N 194-FZ)
land plots on which the objects specified in paragraph two of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages;
(as amended by Federal Laws dated December 29, 2004 N 194-FZ, dated October 2, 2007 N 225-FZ)
items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items;
property necessary for the professional activities of a debtor citizen, with the exception of items the cost of which exceeds one hundred minimum wages established by federal law;
used for purposes not related to business activities, breeding, dairy and working cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance;
seeds needed for the next sowing;
food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents;
(as amended by Federal Law dated October 2, 2007 N 225-FZ)
fuel necessary for the family of a debtor citizen to prepare their daily food and heat their living quarters during the heating season;
means of transport and other property necessary for the debtor citizen in connection with his disability;
prizes, state awards, honorary and memorable signs awarded to a debtor citizen.
5. How to purchase a house if it is not put into operation?
5.1. Like a collection of everyday materials.
If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you