What is a work in progress?
What kind of building is considered unfinished{q}
In the legislative framework of the Russian Federation, it is difficult to find a single definition of such a term as “unfinished construction”. Nevertheless, in the practice of lawyers, an opinion has already been established about which buildings can be classified as unfinished. The definition, although not entirely clear, follows from the articles of the Civil Code of the Russian Federation and the Town Planning Code of the Russian Federation.
A building that has the following characteristics is considered unfinished:
- The object is not temporary, but capital in nature. In other words, the building has a foundation, so stationary stalls and kiosks are automatically excluded from the list of unfinished items.
- The building is not yet finished; work is underway on it. In this case, the construction stage is not taken into account; this could be the construction of the foundation, wall blocks, or the finishing touches to the interior decoration of the premises.
- Construction is frozen until a certain or unspecified date due to lack of financial resources.
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Summarizing the above characteristics, we conclude: an object that is unfinished as a result of construction is a building whose installation and finishing have not been completed. However, this unfinished object has the most important thing - a foundation.
How to buy an unfinished house
Buying an unfinished home can bring more problems than selling it. To avoid facing litigation, check real estate properties before the transaction.
Check the documents with the seller
After viewing the property you like, ask the seller to show all available documents for the land and house. Be sure to check if there is a building permit. If it is not there, you will have to obtain the document yourself or demolish the “box” if the municipality refuses. Also look to see if there is a design - if there is not, the seller may have built the building himself, which may indicate poor quality housing.
Be sure to ask to see title documents. If the seller refuses and at the same time offers too cheap real estate, it is better to be wary - perhaps he has no rights to the property at all or wants to hide the existence of shared ownership from you. Of course, Rosreestr will not allow fraudulent transactions, but you may lose your deposit.
Also, do not forget to evaluate the condition of the house itself. When construction is not completed, it is difficult to determine quality. But it is possible. For example, it is better to refuse the purchase if there are cracks in the walls or foundation, and the thickness of the walls is less than 38 centimeters: for example, if they are laid out in one brick.
Check if the house is decorated
Ask whether the house is listed as a work in progress or not. If yes, you can check for encumbrances and sign a purchase and sale agreement. If not, ask why the seller did not issue a cadastral passport and whether he plans to do so. Some may agree to do the documents if you give a deposit.
If the seller does not want to deal with the registration of unfinished property, draw up an additional agreement to the purchase and sale agreement. It will not need to be registered with Rosreestr, but in case of problems it will help prove that the seller has transferred the rights to the house to you. In the agreement, indicate that the seller transfers ownership of the land and, along with it, ownership of the unfinished house on it.
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Request information from the Unified State Register of Real Estate
Before you buy an unfinished building, check for the presence of so-called pitfalls. Request extracts from the Unified State Register of Real Estate for both properties, if the house is registered. Rate:
