The buyer of real estate under an equity participation agreement, in fact, is only given the right to purchase property in the future, since the residential premises themselves are under construction.
And even after paying in full, receiving the keys to the apartment in the finished building and moving into it, he does not yet become the full owner of the purchased property. This will happen only after state registration of ownership rights to the apartment and receipt of the relevant document. This procedure is preceded by the need for the developer to fulfill certain conditions and prepare a package of relevant documents. Registration of property rights is carried out on the basis of the rules and regulations regulated by the following legal acts: · Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”; · partially by the Civil and Housing Codes of the Russian Federation; · Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate.”
Conditions for registering ownership of an apartment under a shared participation agreement
After completion of construction work, the developer company must perform a number of actions to ensure that buyers are able to register their rights to apartments purchased under an equity participation agreement: · drawing up a protocol on the distribution of residential premises and commercial space (if the building has shops, offices or other non-residential premises); · registration and receipt from the BTI of a technical passport for the constructed building, which indicates the number of floors and layout of the house, its total footage and the footage of each individual apartment and other premises; · signing an act of acceptance and transfer of the property and obtaining permission to put it into operation, issued by the relevant authority; · registration of a residential building with Rosreestr; · assigning him a postal address.
Features of registering ownership of an apartment in a new building
In relations with the developer at the stage of shareholders taking ownership rights, two scenarios are possible: · the construction company assists buyers in collecting the necessary documents to register their ownership rights to housing purchased from it under equity participation agreements; · it interferes with them or is inactive in the decision this issue. In the first case, registration of property is carried out in accordance with the general procedure, in the second - through the court. After putting a residential building into operation, the developer transfers the apartments to shareholders. This happens in the presence of both parties to the contract by inspecting the residential premises, checking the operation of all communications, signing the acceptance certificate and handing over the keys to the apartment to the owner, who must subsequently receive a cadastral passport for it with a plan diagram. Since January 2013, the cadastral registration of an apartment building by the developer is carried out simultaneously with each room in it. In this regard, shareholders themselves no longer need to order a cadastral passport when registering property rights. But, often, the developer, for various reasons or for no reason, delays the registration of a cadastral passport for the finished object. In this case, apartment owners who are interested in registering their property rights as quickly as possible are forced to first order technical plans for residential premises from the BTI, and then, together with applications, transfer deeds and share participation agreements, contact Rosreestr to register apartments on registration and issuance of cadastral passports. If the housing was purchased on credit, then it is necessary to prepare a mortgage document or a loan agreement, and if it was purchased for a minor, then obtain permission from the guardianship and trusteeship authority.
Documents for registering ownership of an apartment according to DDU
According to paragraph 11 of Art. 48 Federal Law dated July 13, 2015 No. 218-FZ, to register ownership of an apartment acquired under a shared participation agreement, the following documents are required: · passport of a citizen participating in shared construction; · agreement of shared participation in the construction of a residential building; · an apartment acceptance certificate or other document confirming its transfer to the participant; · permission to put into operation the apartment building in which the apartment is located; · receipt confirming payment of the state duty. In private cases, the following may be required: · a birth certificate if housing is registered for a minor child; · a mortgage on an apartment or a loan agreement (if housing is purchased on credit); · power of attorney to represent the interests of the shareholder, certified by a notary; · notarized consent of the spouse to conclude a share participation agreement by the other.
Power of attorney for registration of DDU
There is such a power of attorney (sample) for registering a residential building, issued by the developer: I trust (list of individuals) to be my representatives in the Department of the Federal State Service. registration, cadastre and cartography, PIB and other competent institutions and organizations on issues related to the registration of an agreement for shared participation in the construction of an apartment building at the address (.), concluded with (Name of developer), additional and other agreements thereto, as well as encumbrance of rights under such an agreement, ownership of an apartment, for which I grant the right to submit applications for state. registration of an agreement, additional and other agreements to it, ownership of an apartment, encumbrance of rights to an apartment (mortgage), termination of encumbrance of rights (mortgage), submit documents for registration, sign for me, submit any applications, including about marital status, on amendments to the Unified State Register, receive and provide the necessary documents, pay state duties and fees, with the right to receive registered documents, certificates of state registration of rights and carry out all actions and formalities related to this order. Power of attorney for 3 years without the right of substitution. I am interested in the following points: - Is it possible, using such a power of attorney, to register ownership of another person without my knowledge? - Is it possible to conclude and register an additional agreement? agreements to the DDU without my knowledge and participation? (The point about signing for me is confusing - here we mean signing in the additional agreements themselves or only when submitting for registration documents/agreements already signed by me personally, etc.). Will they be able to submit a DDU for registration if I cross out this right? Thank you.
Hello Anna! In accordance with the Federal Law of January 17, 1992 2202-1 "On the Prosecutor's Office of the Russian Federation": Quote: Article 10. Consideration and resolution of applications, complaints and other appeals in the prosecutor's office 1. Applications, complaints are resolved in the prosecutor's office in accordance with their powers and other requests containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. 2. Applications, complaints and other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses. 5. It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed. Article 14.8 of the Code of the Russian Federation on Administrative Offences. Violation of other consumer rights 1. Violation of the consumer’s right to receive necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work - entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles, for legal entities - from five thousand to ten thousand rubles. 2. The inclusion in a contract of conditions that infringe upon the rights of the consumer established by law shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand rubles, on legal entities in the amount of ten thousand to twenty thousand rubles. 3. Failure to provide the consumer with benefits and advantages established by law - entails the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles, on legal entities - from five thousand to ten thousand rubles. Article 333 of the Civil Code of the Russian Federation. Reduction of the penalty If the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty. The rules of this article do not affect the debtor’s right to reduce the amount of his liability on the basis of Article 404 of this Code and the creditor’s right to compensation for losses in cases provided for in Article 394 of this Code.
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The procedure for registering ownership of an apartment under a shared participation agreement
Ownership of housing acquired under a shared participation agreement can be registered in two ways: 1. entrust registration to the development company; 2. handle the registration personally. In the first case, this service is paid; you will also need to pay at the notary’s office for the execution of a power of attorney in the name of the construction company’s lawyer. It is quite possible that the registration procedure will take much longer than if you contact the registration service yourself. If the shareholder decides to engage in state registration of property rights on his own, then for this he needs to contact directly the Rosreestr or the MFC (multifunctional center). The registration procedures are identical. Documents are accepted in the presence of all apartment owners and a representative of the construction company - the developer. First, the registrar fills out an application for registration, which includes data identifying all owners of the property, the address of its location and technical characteristics, as well as a list of documents submitted for registration of property rights. After which the application is signed by the applicant or applicants, if there are several of them. A separate application is also filled out by the seller of the property, in this case, the developer’s representative. When accepting documents for registration of property rights, the registrar issues a receipt of their acceptance, which indicates the date of registration of the corresponding right. At the appointed time or at any other time after this date, the homeowners are returned their copy of the share participation agreement with the registration inscription and the apartment acceptance certificate. From this moment on, the former shareholders become the full owners of the acquired property with the right to dispose of it and perform any non-illegal actions.
Deadline for registering ownership of an apartment under a shared participation agreement
The legislation establishes a 7-day period (clause 1 of Article 16 of Federal Law No. 218), during which employees of the registration service are required to register ownership of any real estate, including an apartment acquired under an equity participation agreement. Within the specified period, the following actions are carried out in general order: · acceptance of an application for state registration of rights; · legal examination of submitted documents, · verification of their authenticity, the legality of this transaction, · identification or exclusion of circumstances that impede the registration of ownership rights to a given property; · entering the necessary information into the Unified State Register of Real Estate (USRN); · issuance of documents with a registration inscription on a contract or other title deed (in the future, if necessary, the owner can receive an extract from the Unified State Register of Real Estate for his property, which is issued when applying to Rosreestr or the MFC from the beginning of 2020). It is important to know that the period is calculated in working days and is counted from the day the documents are submitted for registration. Often this deadline is not met, and this may be due to the verification of the documents provided, or depend on the number of owners of the purchased property, the availability of a mortgage loan and other factors. In this case, in order to comply with the legality and validity of such violations of the deadline in paragraph 2 of Art. 26 Federal Law dated July 13, 2015 No. 218-FZ provides for a 3-month period for suspending the registration of rights to eliminate the reasons.
Power of attorney for registration of DDU
“to represent my interests in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, its departments, subdivisions and territorial administrations, including the Branch of the Federal State Budgetary Institution “Federal Cadastral Chamber of Rosreestr”, during the state registration of the agreement for participation in shared construction. with the Joint Stock Company "Investment", additional and other agreements thereto, agreements for the assignment of rights of claim and other transactions, including when registering ownership of real estate on the basis of the above agreement for participation in shared construction, in relation to residential premises (rights to residential premises) conditional design . section, floor in a residential building under construction, located on a land plot owned by the Investment Joint Stock Company (cadastral number: address reference: Moscow, Mitinskaya St.) (or a land plot formed from the above land plot, including as a result of division, merger, redistribution or allotment, including as a result of merger, redistribution of the above-mentioned land plot with land plots with cadastral numbers. represent my interests and make the necessary decisions in the event of the emergence, change and termination of the object (subject) of the pledge arising as a result of the state registration of the above agreement for participation in shared construction, and entering the relevant information into the unified state register of rights to real estate and transactions with it in the event of the formation (division, allocation, merger, redistribution, etc.) of new land plots from the land plots on which construction is carried out residential building in which the above-mentioned residential premises are located, represent my interests as a mortgagee during the state registration of the title of JSC IC Greenex to newly formed land plots, state registration of the occurrence, change or termination of the pledge of ownership of the land plots on which the residential building under construction is located the house in which the above-mentioned residential premises is located is owned by a participant in shared construction by force of law, for which I authorize the submission of applications and documents for registration, including the submission and signing of applications for the repayment of registration records on the mortgage of real estate objects arising on the basis of the above-mentioned participation agreement shared construction, represent interests in case of suspension and refusal of registration actions, receive documents; perform all other actions related to this order, pay state fees, collect the necessary documents, submit applications for suspension, renewal of registration actions, correction of a technical error, making changes to the Unified State Register records, submit additional documents, sign for me and receive originals of registered contracts and other documents to be issued. The powers under this power of attorney may be transferred to other persons. The power of attorney was issued for a period of five years.
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Good evening, Mikhail. And it’s good that there are four of us - if someone gets sick and can’t come for documents, one of the four will cover. Is it better to entrust the registration to the developer or do they charge a lot for registration?
State duty when registering ownership of an apartment under a shared participation agreement
The basic rule that every applicant needs to know when applying to the registration service is that the state fee is paid before submitting an application for registration of ownership of an apartment, otherwise the registrar will not accept the application with the remaining documents. Only if the application is submitted electronically, the fee is paid after its submission, but before the documents are accepted for consideration. The state duty is charged in accordance with the Tax Code of the Russian Federation. Its size is determined by Art. 333.33 of the Tax Code of the Russian Federation and for registering ownership of an apartment acquired by an individual under an agreement for participation in shared construction of a residential building is 2,000 rubles. If there are several future owners, then the fee is divided between them in proportion to their share in the ownership of the apartment.
What kind of power of attorney should there be for registering an equity participation agreement and is there a single sample?
When signing an agreement with the specified clauses, the developer has the full right, after paying the share in the apartment building on behalf of the signatory, to resell the previously paid apartment. His rights include increasing the cost of the apartment and expanding the list of services (additional), which will be paid separately by the shareholder.
When preparing DDU packages, you must pay a state fee, which will be 200 rubles. To issue a subsequent power of attorney, a notarization will be required, which depends on the individual fees of the notaries themselves.
10 Jun 2020 lawurist7 642
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