Termination of DDU at the initiative of the developer

Termination of a contract for participation in shared construction

Advice from practice: evidence in the proceedings of this category of cases can serve, for example, documents that would confirm the termination or suspension of the construction process, the introduction of significant changes to the design documentation, or change the purpose of the common property of an apartment building. termination of a shared participation agreement on the initiative of a shareholder; judicial practice on termination of a participation agreement in shared construction and metro. Question: Does the clause in my shared participation agreement on the withholding of penalties from me in the amount of five percent in case of refusal of a shared participation agreement comply with the current legislation? . a copy of the DDU; notice of termination of a residential building sample for termination of a contract for participation in shared construction and metro. In a claim, demand compensation for the costs of conducting an examination. .

Reasons for termination at the initiative of the shareholder

According to the general rules, the purchaser of a property under the DDU has the right to cancel the contract during the entire period of its validity until the transfer of ownership of the apartment, in fact, until the signing of the Acceptance and Transfer Certificate. However, in practice, the simple desire of the shareholder to refuse to purchase housing is not enough, since the developer cannot lose the invested funds so easily - construction depends on these funds, they are needed to pay for the work of contractors, etc., so the developer will try in every possible way to preserve the contract. Most often, if the shareholder wants to terminate the agreement without valid reasons, the collection of funds is carried out through the court, however, in cases where the developer has somehow violated the terms of the agreement, the situation is exactly the same. The funds are simply not transferred to the shareholder’s account within the time period specified by law, and the developer does not comment on the current situation. Ultimately, the purchaser of real estate is forced to turn to the judicial authorities to forcefully collect the funds paid. The acquirer has the right to demand termination of the contract by giving appropriate notice if the developer:

1. Delayed the deadline for transferring property into the ownership of the acquirer. According to the general rules of law, the transfer must be carried out exactly within the period established by the agreement, however, judicial practice establishes an additional period of two months after the expiration of the contract, when the developer has the right to prepare the necessary documents for the transfer of property to the acquirer.
2. Refused to correct deficiencies after the apartment building was put into operation, in particular, refused to repair water supply pipes, did not eliminate cracks in the walls or floor of the apartment, refused to redo crooked corners of the room, etc.
3. Provided residential or non-residential premises of a smaller size than established by the contract. At the same time, he refused a proportionate reduction in the cost of housing, as well as compensation for eliminating deficiencies in the property if deficiencies were discovered during an inspection of the premises.
4. Violated the quality of construction, which caused the general condition of the apartment or other construction project to deteriorate. Moreover, if the agreement for participation in shared construction contains provisions that the construction company or contractor is not responsible for the quality of the structure being built, then such provisions are considered void and are not enforceable.
5. He did not notify the purchaser of the property in any way about the change of the guarantor under the guarantee agreement, and also did not notify the termination of the contract with the previous guarantor.

The legislation also provides for other circumstances of termination of the contract at the initiative of the shareholder. If the initiative comes from the shareholder without any serious grounds, then only the funds paid under the DDU are returned to him. The developer has the right to withhold from the amount the amount of the fine specified in the contract. If the contract is canceled due to the developer’s failure to fulfill his obligations, then he is obliged not only to reimburse all funds received from the shareholder, but also to pay him a penalty.

Termination of a share participation agreement at the initiative of the shareholder

upon termination or suspension of the construction of an apartment building (other real estate object), which includes a shared construction project, if there are circumstances that clearly indicate that the construction project will not be put into operation and transferred to the participant in shared construction within the contractual period; notice of termination of the building on termination of the share participation agreement on the initiative of the shareholder and the metro If the developer does not insist on considering the case on the merits, and the claim does not contain your consent to consider the case without the presence of the plaintiff, the court will leave the claim without consideration on the basis of paragraph. 8 tbsp. 222 Code of Civil Procedure. . a document confirming payment of the state fee; state duty for termination of the agreement on termination of the share participation agreement on the initiative of the shareholder and the metro. The developer will then pay off the entry in the Unified State Register of Real Estate himself, since he needs it more than you. .

Termination of a share participation agreement in construction at the initiative of the developer.

Most often, in practice, an agreement on shared participation in construction is terminated by agreement of the parties or on the initiative of a construction participant. However, there are also cases of termination of the DDU at the initiative of the developer. Quite a number of developers violate the law and do not comply with the prescribed termination procedure. What to do if the developer terminates the contract and you do not agree with this, we will consider in this article.

The reason for terminating the contract is the violation by the participant in shared construction of the obligation to make payment under the contract. In accordance with paragraph 4.5 of Art. 5 Federal Law No. 214 “On participation in shared construction of apartment buildings”, the developer has the right to unilaterally terminate the DDU if the participant in shared construction is more than 2 months late in paying under the contract, if the contract provides for a one-time payment or a systematic violation by a participant in shared construction of deadlines for making payments, that is, violation of the deadline for making payments more than three times within twelve months or delay in making payments for more than two months, if payment is provided for by making payments within a certain period.

Disputes regarding the issue of termination of the DDU by the developer arise mainly in connection with the following circumstances:

1. Delay in fulfilling the obligation by a participant in shared construction due to the fact that the participant believes that there is no point in paying, since the construction of the house has been frozen or has slowed down significantly.

2.​ Refusal of the participant to pay for exceeding the area of ​​the apartment based on the results of BTI measurements in comparison with that specified in the contract or an attempt to offset the payment against sanctions (penalties and others).

3. An attempt by the participant to offset the penalty, amounts for moral damages and other sanctions as a counter-obligation. At the same time, the developer does not agree and tries to terminate the contract.

Before terminating the contract, the developer is obliged to send the participant in shared construction a notice of the need to repay the debt. In this case, the right to terminate the contract arises no earlier than 30 days after sending the notice.

If the debt is not paid, including due to the fact that it is disputed by the shareholder, the developer may terminate the contract unilaterally. It should be noted that signing any termination agreements is not required; if the developer has already sent you a notice that the contract has been terminated, then it will be quite difficult to resolve the issue through negotiations, since legally the law connects the termination of the contract precisely with the moment the notice is sent.

What to do if you believe that the contract was terminated illegally? You can either try to come to an agreement with the developer, and if the negotiations do not lead to the desired result, file a claim in court.

There is a chance of a positive outcome of the court case if you prove one of the following circumstances:

1.​ The developer violated the procedure for terminating the contract (the deadline was not met, advance notice of the need to repay the debt was not sent, the notice was sent in the wrong format or to the wrong address, etc.)

2.​ There were no grounds for unilateral termination of the contract at the initiative of the developer.

The established judicial practice is mainly based on the fact that non-payment of the amount for exceeding the area of ​​the apartment based on the results of BTI measurements is not a basis for unilateral termination of the contract. In this case, the developer can go to court with a claim to collect the debt, but the contract price can be considered paid. Although there is another practice.

As for whether the developer has a counter-obligation to pay a penalty or something else, there are a number of nuances. Indeed, for delay in fulfilling the obligation to transfer an apartment or non-residential premises under the DDU, a penalty is provided for. But it is necessary to take into account that the amount of the penalty can be reduced by the court to such a limit that the penalty becomes less than the debt under the DDU and then the termination of the contract can be recognized as legal. In practice, if there is a debt of a participant in shared construction and a delay on the part of the developer, it is recommended to send the developer an application for offset of similar counterclaims. Then enter into negotiations with the developer. If the developer refuses to set off, it is still better to make the payment and then collect the penalty through the court. It's better not to risk losing your apartment.

If you believe that the developer has illegally terminated the contract, you must, as quickly as possible, go to court with a claim to recognize the contract as valid, and ask the court to take interim measures - to prohibit the registration of the shared ownership agreement with other shareholders. Otherwise, the developer may enter into an agreement for the apartment with a third party and it will be much more difficult to defend his rights in court.

Sample of termination of a share participation agreement

In practice, there are four options for terminating a share participation agreement in construction: termination of an assignment to a shared participation agreement according to the example of termination of a share participation agreement and metro Legal relations of the parties upon termination of a share participation agreement. significantly violated the requirements for the quality of a shared construction project (Clause 3, Article 7 of Federal Law No. 214-FZ); agreement on termination of a joint venture by agreement of the parties according to a sample of termination of an agreement on shared participation and metro Answer: If you refuse the claim, you will lose the right to re-file it in another court. However, you may not attend court hearings. .

Refund upon termination of the equity participation agreement

Federal Law 214 regulates the period for returning your money upon termination of the equity participation agreement. In paragraph 2 of Article 9 you can find information that if the contract is terminated unilaterally, then the money should arrive no more than 20 days from the date of termination. If in court, then the developer has 10 days after the decision comes into force. This also includes the deadline for paying the penalty. If you have not applied for the money, the developer must deposit it with a notary and inform the shareholder.

Akulov Nikolay Valerievich

Lawyer at the Legal Defense Board. Specializes in handling cases related to appealing illegal actions of officials, housing disputes, and collecting penalties from developers. Extensive experience in working under 214 Federal Laws.

Agreement on termination of the equity participation agreement

Is it possible to terminate a shared construction contract? termination of the shareholder at the initiative of the shareholder, judicial practice on the agreement on termination of the share participation agreement and the metro. In what cases can the shareholder initiate termination of the agreement. in case of systematic violation of the deadline for making payments, if the contract price is paid over a certain time period - part 5 of article 5 of the Federal Law of December 30, 2004 No. 214-FZ. sample termination of a residential building under an agreement to terminate a shared participation agreement and metro Answer: In justifying the reduction of interest, the court may refer to: clause 33 of the Review of Practice..., in connection with the participation of citizens in shared construction..., approved by the Presidium of the Armed Forces of the Russian Federation on December 4, 2013. .

How to terminate a share participation agreement

The rules and procedure for terminating the DDU are reflected in the agreement itself, as well as provisions on how to terminate the DDU are contained in Art. 9 Federal Law No. 214. The rules of the agreement must not contradict the law, otherwise they will be considered void and enforceable. To cancel the DDU, the following documents may be required from the purchaser of the property:

1. Passport or other identification document.
2. DDU itself.
3. Notice of cancellation of the DDU.
4. Expert opinion on the non-compliance of the property with the declared characteristics.

In each specific case, an individual package of documents is attached, but all of the above documents are attached most often. There are often cases when the main documents (listed above) are the only ones that are generally used during termination.

Termination of DDU

upon agreement of the parties, the state duty is 350 rubles (clause 30, part 1, article 333.33 of the Tax Code of the Russian Federation); unilateral termination of the DDU contract for termination of the DDU and Metro Thirdly, there are losses that may entail additional costs on the part of the plaintiff, for example, an examination to assess the market value of a similar apartment, and there are losses, the application of which will not lead to additional costs. . did not fulfill one of the following requirements: unilateral termination of the shareholder's agreement by the shareholder upon termination of the agreement and the metro, the developer can directly include in the DS the shareholder's refusal to demand interest. .

The procedure for terminating a contract

If the above grounds exist, the developer sends the shareholder a written notice (warning) of the need to repay the debt, and also indicates the consequences in case of failure to fulfill the requirement. notification of termination of the equity participation agreement according to the procedure for termination of preschool and metro stations According to Part 2 of Art. 223 of the Code of Civil Procedure, leaving a claim without consideration does not prevent a repeated filing with the court with the same statement of claim in the general manner. . Due to the economic crisis, the breakdown of legal relations between participants in shared construction and developers is now becoming widespread. Moreover, both on the initiative of one and the other side. Read more about the nuances of terminating equity participation agreements (EPA) in our article. termination of a pre-employment residence court practice on the procedure for terminating a pre-employment residence and subway The return of the notice to the shareholder, due to the expiration of the storage period, has no legal significance (clause 67 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 N 25). .

Termination of the contract unilaterally

if the design documentation has been significantly changed (including a significant change in the size of the shared construction project); sample termination of an equity participation agreement for unilateral termination of a private trust and subway Question: On what basis can a court reduce the interest when terminating a private trust for the use of someone else’s money under Article 333 of the Civil Code of the Russian Federation? . The purpose of the common property of the house and the non-residential premises included in it has been changed. lawyer termination of a residential building for unilateral termination of a residential building and metro There have been significant changes in the design documents and the area of ​​​​the apartment. .

Termination of DDU in court

You should not be afraid of termination of the DDU in court. This is a process clearly regulated by law, in which the shareholder is in a more advantageous position.

So, if the construction of a new building is completed for unknown reasons or suspended, and the developer feeds “breakfast”, or other events from Art. 9 214-FZ, then you will have to prepare documents for the court. Yes, in this situation, you don’t have to send a notice to the developer and try to terminate the contract amicably - you can immediately ask the court for help.

In the statement of claim you indicate:

• developer details – address, general director, other details;
• own passport data;
• requirements for termination of the contract;
• demand to return to you the money that the developer spent to fulfill the contract;
• the requirement to pay you interest for the fact that the developer used your money;
• claims for compensation for losses incurred;
• when terminating the DDU with a mortgage, then include here the damage for interest paid and other expenses for obtaining a mortgage - registration of the transaction, insurance, etc. for obtaining a loan;
• a copy of the share participation agreement;
• evidence of the grounds for termination - photographs of the construction site, documents about the developer’s violations, examinations, if any;
• in the appendix, add the calculation of the penalty upon termination of the contract;
• a copy of the receipt for payment of the state duty.

You must file a claim in accordance with Article 28 of the Civil Code of the Russian Federation, which states that cases are filed in the district court at the location of the developer.

Termination of residential property by the developer

firstly, return to the participant in shared construction the funds that were paid to repay the contract price; application for termination of the contract upon termination of the contract by the developer and the metro. Termination of the contract through the court guarantees the shareholder not only the return of all invested money, but also the payment of a penalty for the fact that the developer used his funds throughout the duration of the contract (for citizens it is 1/150 of the Central Bank rate from total contract amount for each day). In addition, the participant is entitled to compensation for expenses incurred and a 50% fine of the amount awarded by the court. Payment of funds must be made no later than 10 business days after the court decision is made. Otherwise, from the next day after the payment deadline, new penalties begin to apply to the developer. .

Registration of termination of DDU

All DDUs must be registered in Rosreestr, and upon termination of the contract, this operation is also registered. There are two options:

• If the parties have reached a consensus and signed an agreement, then registration is carried out after paying the state fee, the amount of which is 350 rubles. The entry is made in the Unified State Register of Rights.
• If termination occurs unilaterally or by court decision, then you will not need to pay a state fee.

An entry about termination in the Unified State Register is made after submitting an application and a package of documents:

1. An agreement between the parties on the voluntary termination of the DDU or a copy of the court decision on forced termination, certified by a notary.
2. In case of unilateral termination, it is required to additionally attach a copy of the notice warning about the termination of the DDU.
3. Shareholder's passport.
4. If the shareholder is married, you will need to attach the spouse’s consent certified by a notary.
5. A power of attorney in the name of a representative, when registration on behalf of the shareholder or on behalf of the developer is carried out by an authorized person (lawyer).

Only after registration with Rosreestr will the contract be finally terminated, and the apartment will return to the full ownership of the developer.

The procedure for terminating a tenancy agreement by a shareholder

Most often, the documents for state registration of termination of the DDU are submitted by the shareholder. These include: termination of the share participation agreement on the initiative of the shareholder according to the procedure for terminating the shareholder agreement and the metro. Answer: When terminating the share participation agreement, the developer must transfer to your account the price of the apartment indicated in the shareholder, since all the rights of the previous participant were transferred to you after registration assignment agreement. . there are significant violations of the quality requirements for the shared construction project; termination of the contract by the developer according to the procedure for termination of the contract by the shareholder and the metro Answer: It makes no sense to ask the court to re-terminate an already terminated contract. .

The procedure for terminating a trust agreement on the initiative of a shareholder

Home Consultations The procedure for terminating the DDU at the initiative of the shareholder We are terminating the DDU with the recovery of: + a fine of 50% of the price of the apartment + interest of 23.72% per annum + a fine of 50% of the interest Consequences of termination of the DDU for the parties to the agreement If there are grounds for both unilateral and judicial termination The DDU developer is legally obliged to the participant in shared construction:

1. return the price of the object,
2. pay almost 20% per annum for the use of the contract price from the moment of its payment,
3. compensate for losses from termination of the DDU, for example, on interest on a loan.

The agreement may also provide for greater sanctions than those required by law. Accordingly, the participant in shared construction returns the object to the developer.

Termination of DDU 214 FZ

In addition to the application itself, the set of documents that should be submitted to the court must contain: a calculator for terminating the apartment for termination of the 214 Federal Law and the metro. It will be impossible to include the requirement to transfer the apartment in the register - the contract has already been terminated. . Is it possible to terminate a shared construction contract? sample termination of an agreement for shared participation in construction based on termination of the Federal Law 214 and Metro, an application for entering into the Unified State Register of Information about the termination of the agreement for participation in shared construction. .

Grounds for termination

The only reason why a developer can independently terminate an equity participation agreement (DPA) is a violation of payment deadlines. The latter must be spelled out in the same agreement.

The main regulatory act that regulates the relationship between the developer and the shareholder is Law No. 214-FZ. The following reasons are clearly stated there:

1. Any payment is overdue by more than 2 months. This clause applies both for a one-time repayment and if any payment schedule is established.
2. Violation of established deadlines more than 3 times within one year.

For any other payment violations, fines may be levied, but unilateral termination of the contract is possible only in the specified cases. Late payment of a mortgage will also not give the developer the right to refuse the agreement, since in this case the legal relationship is between the bank and its client, and not between the developer and the equity holder.