Which house is considered completed?
Check the presence of all communications: heating, electricity, water supply, gas supply, sewerage, ventilation. All of them must meet the requirements specified in SNiP and SanPiN. The building should not be in disrepair or dilapidated.
The main way to achieve transfer to residential premises is the so-called administrative one. There is a one-story residential building containing seven apartments, five of which do not have direct access to common areas, but directly to the land adjacent to the building. But two apartments have direct access to common areas.
Is such a building multi-apartment or residential only? “Drug addicts constantly gather in our yard and in the entrance of our house.
How to register an unfinished house construction
Previously, such registration took place exclusively through the courts.
The new law of the Russian Federation just recently came into force. In accordance with it, local authorities will now be able to allocate land for construction only after signing a permit by the president. And these are not all the surprises that the new law presented to the residents of Russia.
To draw up a document confirming land ownership, you need:
- technical inventory of the facility;
- cadastral passport.
In addition, it is impossible to register a residential building that is an unauthorized construction. The law defines this as:
- construction without permission;
- construction on land having another purpose;
- construction in violation of important rules and regulations.
The owner of such a building cannot acquire ownership rights.
Construction can be recognized as legal through the court, or by obtaining the appropriate permission from the executive authorities. For such permission you must have an impressive package of documents. There is another option - to register the unfinished construction of a residential building; alternatively, you can submit documents to the BTI, whose specialists will take care of all the problems with legitimizing the unfinished construction project.
How to register unfinished construction according to DDU as property? – Publications on Moscow Lawyer
No one will be surprised by another unfinished project, and news about it is perceived as commonplace.
Therefore, when the bankruptcy of Urban Group’s subsidiaries was announced, this only caused relieved sighs from shareholders “well, finally.” Previously, we have already considered how to recover a penalty from the developer if he has missed all deadlines for the delivery of an apartment, and in very extreme cases, how to terminate the tenancy agreement.
You will learn further what to do if the developer with whom the DDU agreement was concluded is bankrupt.
Let's consider a specific case regarding the recognition of ownership of the unfinished construction project “Ekokvartal” in Mitino-2. And what should you do if the house in which you are a participant in shared construction is “stuck” at the stage of unconstruction, or the developer is officially declared bankrupt.
Registration of ownership of unfinished buildings in Mitino-2. Lawsuit
The validity period of the construction permit from the developer “Ekokvartal” (hereinafter referred to as the Defendant) expired on July 30, 2018, and the house was not put into operation and was simply unfinished. However, you can obtain ownership of a part of an unfinished house through the court. It was with this desire that Citizen L. (plaintiff) came to us.
The DDU agreement was concluded between the Plaintiff and the Defendant for residential (3-room apartment) and non-residential (underground parking) premises. T.
The Plaintiff, as a Participant in shared construction, fulfilled its obligations to contribute funds in a timely manner and in full, and the Defendant, represented by Ecokvartal LLC, for its part did not fulfill its obligations, and at the time of filing a lawsuit in court, a lawsuit was filed against him insolvency (bankruptcy) case
At the time of writing, the court had already declared Ecokvartal LLC bankrupt on July 9, 2018
This and other circumstances indicated that the developer would not be able to fulfill its obligations, which would cause significant damage to the Defendant, as a participant in the shared construction of a multi-storey residential building. It is possible to obtain the right to formalize and register a share in common shared ownership in an unfinished building only on the basis of a judicial act.
The law does not contain a prohibition on recognizing the ownership of an unfinished construction project or a share in it.
According to paragraph 30 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of April 29, 2010.
“On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other material rights”, paragraph 1 of Art.
130 of the Civil Code of the Russian Federation, objects of unfinished construction are classified as real estate , which, according to Art. 128 of the Civil Code of the Russian Federation is the object of civil rights.
The developer is bankrupt: what to do?
The main thing here is not to panic. Let's start with what does the bankruptcy of a developer mean for shareholders? Bankrupt is someone who will not be able to pay their bills. In order to pay off his “debts”, a bankruptcy trustee is appointed.
The latter auctions off the developer’s property and, in accordance with the procedure established by law, distributes the proceeds. Since essentially the unfinished property is the property of the Manager, and not yours as a shareholder, you will have to fight for apartments, storage rooms and parking spaces.
After all, they will be sold first. And the proceeds may simply not reach you “in the order of priority.”
An agreement on shared participation in construction between you and the developer can be the main basis for recognizing ownership even of an unfinished object. Since you are, in fact, an investor (lender) in the construction process, you have the right to receive your square meters.
However, it is worth considering that the condition in the DDU agreement that the apartment will be transferred into ownership of the shareholder only after the apartment building is put into operation may complicate the legal process for registering ownership of the unfinished building.
Registration of ownership of a residential premises (apartment) in an unfinished building
There is an option to send an application for inclusion in the register of shareholders to the Bankruptcy Manager within 90 days after his appointment. And, in theory, then the Manager will not have the right to sell your apartment under the hammer. However, if everything is so simple, then what is the problem?
You understand that the DDU was concluded with an essentially dead company, and the Manager owes you nothing according to the Law. A lost application for inclusion in the register of shareholders at the post office or office, a typo in the contract number, apartment square footage, etc. is equivalent to the fact that you do not claim the paid premises under the DDU agreement.
Then it will go under the hammer and you will be in line to possibly receive money from its sale. Unpleasant situation, right? What to do about it? Go to court, of course. The Law Protects the rights of citizens to residential premises; this is one of the ways to realize everyone’s right to housing (Part 1, Art.
40 of the Constitution of the Russian Federation), which is worth referring to when filing a claim in court.
Instructions on how to register ownership of residential premises (apartment) in an unfinished building:
- File a claim in court for recognition of ownership of the residential premises (apartment) paid for under the DDU.
- Wait for a court decision that you, as a shareholder, have a legal right to the apartment.
- That's it, the apartment is excluded from the list of premises for sale, is assigned exclusively to you and is waiting for a housewarming.
How to register ownership of non-residential premises (storage room or parking space) in an unfinished building?
The fact is that the Law of the Russian Federation does not protect owners of non-residential premises , so they automatically fall into the register of creditors. In other words: wait in line for money, which may not come.
Such a situation, of course, will not satisfy anyone. But you have the opportunity to remove your premises (storage rooms/parking spaces) from the general mass of what will be sold.
Unfortunately, the chances of a successful solution of this type are directly proportional to the degree of readiness of the house in which this room is located.
The procedure for registering a storage room/parking space as property in an unfinished house:
- File a claim in court for recognition of ownership of the non-residential premises that you paid for.
- Wait for a court decision that you, as a shareholder, have a legal right to what you bought.
- Be glad that your object is excluded from the sale mass and is assigned to you.
Important: during the trial, the premises become a conflict , so no one has the right to sell it until the conflict is resolved.
If we talk specifically about the bankruptcy of “ Ekokvartal ” in Mitino-2, then the claim for recognition of ownership of the premises must be filed exclusively in the Krasnogorsk court.
This article shows just one of many examples of legal cases involving DDU; remember that each case is individual. If you want to find out how to solve your particular problem, ask a lawyer using the contact form. It's convenient and free.
Or call +7-495-208-62-19, +7-495-208-31-87.
Source: https://moscowyurist.com/news/kak-oformit-nedostroj-po-ddu-v-sobstvennost.html
What is an unfinished construction project?
kiosks, stalls and other temporary structures do not meet the definition; The construction process of such a building is suspended for various reasons until a specific date (or without specifying a date in case of objective impossibility) due to subjective factors: lack of funds, force majeure, changes in market conditions.
However, the Town Planning Code and other regulations do not directly indicate what can be considered a capital construction project. Therefore, at the theoretical level, difficulties in definition still exist.
The regulatory framework, which contains some grounds for interpreting the concept of an unfinished construction project, is as follows:
- Civil Code. Town Planning Code. Instructions on the procedure for preparing reports on capital construction.
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Based on these documents, we can give
Dacha amnesty extended until 2020: how to register a house in SNT
- notification of completion of construction;
- technical plan of the individual housing construction project;
- in case of shared ownership of a plot of land, it is required to submit an agreement on determining the shares in the built house;
- payment document confirming payment of state duties.
Case from life : When registering a house and plot according to a simplified scheme, the question arose, “Have cadastral numbers been assigned?” At the gardening partnership, the lawyer said no. It’s good that they suggested checking at the MFC. The operator reassured that she had to stand, since since 2013-2014 all gardening partnerships have been obliged to transfer cadastral information to Rosreestr. To be sure, I made a request for information on real estate objects. Having paid 800 rubles, the answer came on the same day by email and turned out to be positive, the house and land are registered in the cadastral register. Thus, she saved herself from providing services of calling surveyors and employees from BTI.
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An unfinished construction project is
But nowhere is there an exact definition of these concepts.
To understand the definition of these concepts, it is worth referring to Art. 1 of the Town Planning Code of Russia, where you can find a definition of the term “capital construction object”.
Already on the basis of this definition, you can try to define those terms that have many questions. At the end of the 20th century, there was an instruction relating to state supervision of capital construction. This instruction provided a clear definition of the concept, which is now causing controversy and questions.
In particular, it spoke of an unfinished construction site as a site where construction work is ongoing. This definition also applied to objects whose construction is temporarily not underway or frozen and for which acceptance has not yet been carried out in the manner prescribed by law.
Unfortunately, this document is no longer in force since January 2008.
Is the foundation of a residential building considered an unfinished construction project?
In addition, Art. 1 of the Town Planning Code of the Russian Federation classifies both buildings, structures, structures, and objects whose construction is not completed as capital construction projects, with the exception of temporary buildings, kiosks, sheds and other similar structures.
4 years ago To recognize an unfinished construction project as real estate, the following conditions must be present simultaneously: 1.
It must be inextricably linked to the land, and its removal without disproportionate damage to its intended purpose cannot be carried out. 2. It must not be the subject of a valid construction contract. An unfinished construction project, which is the subject of a valid construction contract, cannot be the object of real rights, but only the object of an obligation arising from a construction contract, and replacement of the parties to this obligation is possible only according to the rules of assignment of the right of claim and transfer of debt under obligations.
Mortgage for an unfinished private house
An unfinished building is usually called a room where the foundation has been poured and the walls are standing. The presence of a roof depends on the situation. It is assumed that the new owner will carry out all finishing work independently.
In an unfinished house, all communications will not be provided.
But, despite this, the advantages of buying such a house are obvious, because much less money will be spent on building materials than when building a house from scratch. Buying an unfinished house should be done with a clear head and prudence. If when buying an ordinary house it is necessary to carefully check its condition, the serviceability of all systems and communications, then an unfinished house should be checked “inside and out” in terms of documents, because there can be many pitfalls here.
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In order to know how to buy an unfinished house, you need to understand that there are two ways to do this, one of which is based on general rules.
How to register a house on a plot, the dacha amnesty has been extended
According to the law, “sabotage” is considered to be a construction carried out by a citizen secretly . Without notifying the relevant authorities and obtaining permission. Legal relations are regulated by Federal Law-258, which reflects the procedure for legitimizing such buildings and the obligations of the owners.
People who did not manage to register a new summer cottage earlier will now have to notify the local administration. Moreover, to report the appearance of a house or major changes to an existing structure. For example, those who decide to add a second floor or increase the number of rooms.
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Legal regime of unfinished construction projects
These objects cannot be moved in space without disrupting their intended purpose.
Based on this, we can draw the following conclusion: in this legal act, the legislator definitely considers unfinished construction objects to be things that belong to real estate. Further, if you read the Town Planning Code of the Russian Federation, namely its first article, then from its meaning you can understand that an object of unfinished construction is, according to the legislator, all kinds of permanent structures, for example, structures or buildings, and not any temporary structures such as sheds or kiosks.
In other words, according to the Town Planning Code, the concept of ONS includes only objects that can be called capital.
But is such a definition correct and correct? It seems that if we consider the provisions of the Town Planning Code through the prism of functionality, then no.
What has changed since March 1, 2020 when registering a house on a summer cottage
- a mandatory requirement confirming the legality of the construction of houses and other buildings is notification to the local administration;
- notifications must be submitted at the start of construction work, as well as after actual construction;
- when submitting a notification upon completion of construction, you must confirm the mandatory technical requirements for the characteristics of the house (maximum number of floors and height, area, other parameters);
- After submitting notifications and checking compliance with requirements, the local administration itself must send documents to Rosreestr for property registration.
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At this stage, it is difficult to obtain a refusal of a notification, since officials cannot require the presentation of project documentation, an agreement with the contractor and other additional documents. Only the category and intended purpose of the site and the general parameters of the future home will be checked .
What are unfinished houses called?
You need to familiarize yourself with the Civil and Land Code, study cases when a private house is not subject to registration and is illegal.
It is also important to evaluate the quality of the masonry of the unfinished object, the foundation and all other parts of the structure.
If you have the budget to pay for the services of a specialist, you can hire a professional appraiser.
Most likely, you will need two specialists:
- an appraiser in the more traditional sense.
- a professional who inspects a building for construction and legal errors;
Info It describes all identified shortcomings and inconsistencies. In this case, the commission sets a deadline for eliminating errors.
Then the check is carried out again.
This document confirms the current state of the property. A document confirming the right of ownership of a land plot. In a simplified procedure, you can register both a newly built object and a long-existing self-constructed house.
Everything about the privatization of a country house: is it necessary if the land is owned?
If you need to privatize houses on already privatized lands, it is important to remember that it is carried out in exactly the same way as on non-privatized lands (that is, owned by gardening associations). In this case, the passport with the cadastral number is replaced by a certificate of land ownership.
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Is it necessary to privatize a country house on privatized land, even if it is unfinished? No, this is an optional procedure. The decision in such a situation is made by the owner himself. However, if he decides to sell the summer cottage along with the house, then it will be necessary to check all the documents. It is quite possible that along with the privatization of the site, somewhere in the documents a house located on its territory was also stipulated. It all depends on the specific situation.
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An unfinished house can also be called a “box” or foundation, which requires costs not only for repairs, but also for the completion of general construction work. In the first and second cases, you can buy and gradually develop the living space, gradually doing renovation work.
But when the building fully corresponds to the name “unfinished house”, you will have to work hard. It is possible that you will have to demolish the old masonry and build everything again.
Houses without interior decoration are often sold, for example, in the same cottage towns and holiday villages. A “Khatynka” with a fine finish costs from $1 thousand per 1 m2, depending on the “eliteness” of the cottage community and the quality of the building materials used.
Among suburban real estate, unfinished boxes account for no more than 1.5-2% of the total number of houses put up for sale.
