A complete list of documents when purchasing an apartment in a new building from a developer: who should provide what? What documents should the developer have, how to check them? What documents should the developer have.

18.08.2021

To purchase an apartment, a buyer needs the following documents:

ID card;
if the acquisition takes place on a mortgage, then they are required from work, from a banking institution, who confirm their solvency;
a receipt confirming payment of a fee in the amount of 1000 rubles.

Read in detail about the nuances of purchasing an apartment in a new building from a developer, as well as what documents you need to prepare.

What documents must the developer provide?

When purchasing real estate, the developer should be required to:

Documentation confirming the ownership of the land (they indicate the area of the plot and the cadastral number). You should check that they were issued by the same legal entity as the other papers.
Project documentation. These are papers that describe the goal and deadlines.
State opinion examination of design papers.
Constituent documents of the company (information about state registration, ORGN and TIN of the company).
on the site.
Information about the actual legal entity. address.
Financial report on the company's activities for 3 years.
Justification of the project (technical and economic).

Important! For complete confidence and thorough verification of documents, you should contact professionals.

List for equity participation agreement

Regarding shared construction, then you will have to register here. The following papers are required:

. Represented by both parties;
receipt confirming payment of the fee. From the developer - 2000 rubles, from the buyer - 1000 rubles;
DDU in 3 copies;
permission to build a house;
description, made as a diagram of the location of the apartment in the building, indicating the area and floor;
ownership of the land where the building is being built;
contract to insure the seller's risks in case of non-fulfillment of conditions;
buyer's passport;
constituent documents of the developer company: registration certificate, charter, tax identification number, protocol on director’s appointment, extract from the state. registry

List for finished housing in a new building

To purchase finished apartment You will need the following package of documents:

Receipt confirming payment of the fee.
Purchase and sale agreement.
Cadastral documents for the plot where the house stands.
Buyer's passport.
Constituent documentation from the developer.
Certificates of the house passing the state commission.
Floor plan approved by the BTI.

Reference! An act of acceptance and transfer of housing is attached to the purchase and sale agreement.

In order to avoid unpleasant consequences, you should approach with all responsibility not only the selection of housing, but also the developer himself, especially since it is very easy to find information today. Before purchasing, you should definitely inspect the apartment, exactly the one you are buying.

Buying an apartment on the primary market, you get a lot of advantages. Among them, it should be noted the low cost of real estate, good layout, new communications and so on. At the same time, the quality and timing of construction depend on the professionalism and reliability of the developer. This is why many are afraid to invest money in primary housing, recalling examples of long-term construction projects and defrauded equity holders. However, the problems of individual developers should not ruin your plans.

To buy an apartment in a new building, you need to choose the right developer. First, study all the information in open sources: publications of analytical publications, real estate websites, reviews of equity holders, realtors, and so on. Today, it is very difficult for unscrupulous construction companies to maintain the appearance of a good reputation, since injured clients always expose the scammers to clean water. Collecting information on the Internet is only a preliminary check. After this, you need to study the developer’s documentation.

Construction is always accompanied by a huge amount of documents. Unscrupulous developers may provide minor documents for review, hiding the most important ones. This is done in order to confuse the client. That is why you need to know what documents the developer should have. These include:

Constituent documents of the organization. These are the charter, certificates of registration of the legal entity, OGRN and TIN. Pay attention to information about the company name of the organization, its actual and legal address. It is also worth clarifying information about the founders and co-owners. Request information about construction projects, in which the developer participated in the last 3 years. You must be informed of the addresses of the buildings and the actual dates for their commissioning.
SRO approval. This document is mandatory for construction companies. It is issued only to members of self-regulatory organizations.
Construction permit. Sometimes developers are carrying out several projects at the same time, although they have completed the paperwork for only one. That is why you need to check for which object the permit has been issued. It is also important to clarify its validity period.
Project documentation for the facility. It should be available for review by all potential investors. In addition, the conclusion of the State Construction Expertise must confirm that the documentation complies established standards and technical regulations. The project indicates the purpose of construction, its stages and timing, the address of the site, the number of apartments and their technical characteristics, the planned cost of the work, a list of contractors, and so on. This information must correspond to the information provided by the developer.
Title documents for the land plot. If something is wrong with them, the finished house may not be put into operation for years. Thus, the developer must have a certificate of land ownership or a long-term lease agreement. In any case, you need to check the address, cadastral number and area of the plot. If there is a certificate of ownership, then you need to compare its data with constituent documents organizations. If the developer provides a lease agreement, check its duration. The document must be valid until the building is completed and put into operation. It is worth noting that a house is considered long-term construction if the delay exceeds 3 years. That is why the rental period must be generous.
Financial documentation. The stable position of the organization is a guarantee that the building will be erected with high quality and on time. To analyze financial condition, you need to check the approved annual reports And accounting documentation for the previous 3 years. Information on the distribution of profits and losses confirms the efficiency and reliability of the developer better than any words.

The construction organization must present everything without unnecessary red tape necessary documents. In this way, she will demonstrate her own reliability and earn the client’s trust. However, you may be refused. Of course, this should alert the buyer. But before leaving the organization’s office, check the credentials of the specialist who refused to provide documentation. Perhaps the problem lies in the incompetence of the employee.

It is also worth noting that the developer must provide original documents or their notarized copies. Photocopies may be fake. That is why it is recommended to contact specialists law firm"Business Real Estate". We will help you inexpensively check everything necessary documentation and make a profitable deal!

Additional information

Developer's work in modern Russia strictly regulated. There are a lot of standards and GOSTs required for the quality of housing. But even this is not the main thing. For the buyer, it is rather interesting to know the requirements for the developer that are imposed by Federal Law No. 214: “On equity participation in the construction of apartment buildings.” In 2020, legislators made a lot of changes to it, which are important for future investors to know about.

New law

Important! Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

There were a lot of amendments in 2020. Even if we ignore minor technical changes, which will worry only employees of regulatory authorities rather than buyers, everything turns out to be quite a significant layer of new legislation.

Townhouses

Yes, that's right. New requirements for developers starting in 2020 force developers to enter into equity participation agreements for the sale of townhouses. This low-rise construction previously distributed as several separate houses on one area. Now developers selling housing in cottage villages, are forced to work under 214FZ.

Individual housing is when you obtain a building permit for your rented or owned home and hire a contractor to build your cottage.
Townhouses are a situation where you as a buyer go to a developer and choose a house built on his land and under the permission given to the developer. You can also buy not a finished house, but the right to claim under an equity participation agreement.

This rather unusual innovation protects cottage buyers from fraud involving double sales of apartments and “random” disappearances of developers after receiving money.

Compensation fund

The requirements for the developer, introduced amendments to 214FZ, are mainly due to the large number of defrauded shareholders. There are tens of thousands of them across the country. But it is important to take into account that the new amendments solve preventive problems, but do not in any way correct the situation of those who have already been deceived. Therefore, be more attentive to the offers of realtors about profitable purchases in long-term construction

The compensation fund is new mechanism obtaining money for the completion of problematic facilities that may arise due to the incompetence of the developer. It will not help against fraud on the part of builders, but in a situation with bankruptcy it will solve the problem. Therefore, the new requirements for the developer in this part look like a fairly adequate solution.

We have Art. 23.2 Federal Law No. 214-FZ dated December 30, 2004, which states that the collection of funds in
Control will be performed by a non-profit organization of the same name
Contribution amount – no more than 1% of the cost apartment building specified in project declaration.

In fact, after the introduction of these amendments, the requirements for the developer increased, but at the expense of an increase in the cost of housing by 1%. It is important to consider that the compensation fund only works in those new buildings where the first equity participation agreement was concluded after January 1, 2018. If the DDU was concluded earlier, then the requirements for the developer under Federal Law 214 include a mandatory insurance mechanism for the new building.

Requirements for the developer

What requirements does the law impose on a developer in 2020? If we take the totality of the main requirements and innovations of this year, we get a fairly large list:

A developer can carry out activities for the construction of an apartment building only if he has a construction permit issued by the authorities of the region or municipality, depending on local legislation
Requirements for the customer-developer - there must be an SRO permit to carry out work at the customer’s place, or at the general contractor who is hired to build an apartment building. Check the existence of the SRO indicated by the developer - a request can be sent to the Ministry of Construction of your region.
The developer is obliged to send all changes in the project declaration to the local ministry of construction for approval
All significant changes in the project declaration occur with the help of additional agreement with all shareholders who have already registered a share participation agreement
The developer must have a plot of land either leased or owned. The rental period must be current
The authorized capital must not be lower than the minimum in terms of its area.
The project declaration must be drawn up in accordance with the rules established by the Ministry of Construction of the Russian Federation

Authorized capital

Requirements for the authorized capital of a developer are one of the most pressing topics in discussions in the professional community. New amendments to the legislation actually reduce the number of developers who can operate in our country. It is assumed that small developers who are unable to register an increased authorized capital will be able to work as general contractors for large developer holdings.

The authorized capital - this amount that is actually frozen by the developer - can be contributed to it as cash, as well as various equipment and property. The authorized capital can be used to pay off debts in bankruptcy.

Accordingly, large developments, such as the implementation of programs for the construction of microdistricts, can now only be implemented by developers with a very large authorized capital. On the one hand, this guarantees:

Availability of funds for creditors in case of bankruptcy
On the other hand, there is the availability of our own equipment for the construction of housing. After all, it is unlikely that any company will decide to freeze hundreds of millions of rubles in its authorized capital

Problems with the law

Federal law regulates the actions quite strictly legal entity- a developer who took on the construction of multi-apartment housing and the sale of shares to investors. If the developer decides to attract money from individuals, then he is obliged to:

Absent from the register of unscrupulous suppliers
Absent from the register of unscrupulous participants in government auctions
The developer should not have arrears or other claims from tax authorities
The manager and accountant of the developer must not be convicted of crimes in the economic sphere. They should not be subject to administrative sanctions for any actions in the field of construction and overhaul. Also, they should not be disqualified not at the current moment, not earlier, by decision of the executive authorities

Required site

The requirements for the developer’s website have also changed dramatically since 2020. Previously, it was simply said that the developer is obliged to post information about himself on the Internet. Now the requirements have become much stricter. This is called “information openness of the developer.”

The developer must have at least three links to home page to the internal pages of the site – i.e. the portal consists of pages about objects and pages with project declarations
The requirements for the developer’s website contain complete openness of information - a person should not have any specific programs other than standard browsers. There should be no mandatory registration, no additional installations of executable files and security systems. There should be no charge for viewing information.
Project declarations, construction permits, information about the site are posted either in the form of a scanned sheet of document or a full electronic copy
Documents posted on the website must be endorsed by the head of the organization.
Encryption of documents is unacceptable - if on the developer’s portal you find files encrypted in an archive, you can send them to the Ministry of Construction - this is a violation of the law.

Now the developer’s website should contain not only current versions of declarations, but also all old versions. You can track the change and understand what is happening with the new building

Agreement

The requirement to the developer to transfer the apartment, deadlines, amount, etc. are contained in the share participation agreement. This document is regulated by Article No. 4 of the federal law. Basic requirements:

Must contain a definition of the construction project for which you are acquiring the right to claim. In human terms, this is a description of your future apartment, indicating the area, floor and layout. Loggia, number of rooms - all information is entered.
The location of the apartment is the address, albeit a construction address, of the future home.
Deadline for handing over the property to the developer
Contract price, as well as calculation algorithm. Important - you should not pay the developer before registering the agreement with Rosreestr
Warranty period for itself apartment building and its individual parts

In addition, the contract must contain information about the apartment building itself. By analogy with an apartment - in a kindergarten you should be able to find out its address, recognize the number of floors, number non-residential premises and in general the plan of the object itself.

All information in the share participation agreement must be in accordance with the current version of the project declaration posted on the developer’s website.

Guarantees

The legislation puts forward requirements for the developer regarding the property. At the same time, in 2020 the situation became tougher, but there were also disadvantages for shareholders.

The shareholder has the right to go to court and demand both the elimination of defects and for late delivery of the house and various warranty problems
But at the same time, the equity holder is initially obliged to contact the developer, and filing a claim in court is possible only through the refusal or inaction of the developer.

The developer does not participate in the warranty repair process if the entire apartment building or an individual apartment is damaged due to:

Natural wear and tear
Problems with renovations done by the apartment owner himself
Violations of the instructions for operating an apartment building provided to the investor

Because of the last point, quite a lot of controversy arises. But in fact everything is simple - if management company through her actions or inactions she caused problems with the house - then the problem of eliminating deficiencies is a matter of the management company, not the developer. Judicial practice There is no information on this issue at the time of writing.

Adjacent territory

What requirements can be presented to the developer regarding landscaping? If we are talking about a separate property, then this is cleaning the territory, bringing it into standard form. Individual elements of improvement are prescribed in the project declaration.

There are virtually no requirements for the developer on adjacent roads. If the developer has destroyed this road through his construction activities, then he will have to contact the municipality with a demand to oblige the developer to repair this road. Since the roads public use, even if they are adjacent to the new building and are not the property of the residents, it is impossible to assert the rights to them through civil courts. Only through filing complaints with the administration and prosecutor's office of your area.

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

We know that gullibility can be dangerous. But there are many gullible citizens who continue to become victims of scammers due to their carelessness. We will tell you which developer documents you should check before buying an apartment in a building under construction.

Having decided to buy new real estate, you should be patient and carefully study all the information about the developer, customer reviews, expert opinions, as well as useful articles, including this one. If the company constructing the house you like has not proven itself to be the best, dissatisfied shareholders have probably already published a lot negative reviews and there will be other information that will force you to delay your purchase.

Buying an apartment from a developer. We collect information on the Internet.

Before purchasing an apartment from a developer, you should do the following:

Enter the name of the developer in the search bar. On the company’s website you can find out how long it has been on the market, how many houses it has built, and request the address of the house under construction. Study all the material to the maximum, not limiting yourself to a couple of pages;
If a project declaration is published on the developer’s website, read it carefully. It is in the project declaration that it is usually indicated on the basis of which the development site was obtained, whether there is a construction permit and other important facts;
visit the website Arbitration Court at the place of registration of the developer (you have already found information about him on the company’s website). In the “Arbitration Case File” section, in the “case participant” field, enter the full name of the developer company. This way you can find out with whom, when, for what reason and for what amounts, construction company was involved in litigation. If it turns out that the developer has an awarded debt of several hundred million, it is recommended to look for another one. You can also check the list of possible bankrupt companies on the Arbitration Court website;
It is useful to study the resource https://egrul.nalog.ru. Refer to the sections:

messages from legal entities published in the journal "Bulletin of State Registration" - on making decisions on liquidation, reorganization, reduction authorized capital, acquisition by a limited liability company of up to 20% of the authorized capital of another company, as well as other messages of legal entities that they are required to publish in accordance with the legislation of the Russian Federation;
information published in the journal “Bulletin of State Registration” about decisions taken by registration authorities on the upcoming exclusion of inactive legal entities from the Unified State Register of Legal Entities;
list of legal entities whose executive bodies include disqualified persons.

Also take a look at the resources of local authorities and departments of state registration, cadastre and cartography. Here you can find information about whose land the construction is being carried out on and what the composition of the documents will depend on.

What to check when buying an apartment from a developer?

You cannot limit yourself to collecting information on the Internet. The construction of a multi-storey residential building requires the presence of a large number of papers of varying degrees of importance. There are many recommendations on what to check when buying an apartment. The most valuable ones are listed below.

The developer company’s office cannot refuse access to documents! Rights potential buyer enshrined in articles 19, 20 and 21 Federal Law No. 214-FZ. When communicating with a representative of the development company, act confidently and calmly, the truth is on your side. A conscientious developer will provide the necessary documents without any problems, since this is in his interests and helps build trust with the client.
If the manager refuses to show documents, this is a reason to be wary!

List of documents that should be checked with the developer:

certificate of state registration of a legal entity. If the developer company was created before July 1, 2002, then it must have a certificate of entry of registration information into the Unified State Register of Legal Entities;
extract from the United state register legal entities (Unified State Register of Legal Entities), which must be checked with the project declaration and ensure that the list of founders is correct. The date of such an extract should not exceed 1 month;
charter of a legal entity. Particular attention should be paid to the sections “Types of activities” and “ Executive body", where the terms and scope of the manager’s powers are indicated;
construction permit - it must be issued specifically for the object you are interested in. It happens that a construction company is building several houses at the same time, but only one of them has received permission. Please note the validity period of the permit: an outdated document is not valid;
an investment contract signed with the owner of the plot on which the house will be located. It must define the investor, the customer, the timing and volume of construction, the size of the city’s share ( municipality or region). If the investor violates the terms of the contract, his share may decrease or go to the customer;
applications referred to in the Investment Contract: agreements, orders, payment schedules, apartment layout plans, regulations and other additional documentation;
license - pay special attention to the main details: type and number of the document, by whom and when it was issued. Make sure the license has not expired;
land lease agreement - compare it with the period of construction of a residential building. In addition to the lease term, it is necessary to pay attention to who is the tenant, who has the right to build on the specified plot of land. Familiarize yourself with the plan, boundaries, cadastral number and address of the site. The data must match those indicated in the project declaration. If you find that the contract is overdue, this most likely indicates a violation of the deadline for delivery of the object;
a draft agreement that the developer proposes to sign. It should only be not recommended to enter into any other type of document: investment agreement, loan agreement or preliminary agreement. These transactions are considered conditionally illegal, and they may hide the lack of a construction permit, reluctance to register and other pitfalls;
passport of the person with whom you are signing the contract. Check your passport details with the power of attorney or with an extract from the Unified State Register of Legal Entities;
It is also advisable to request a protocol on the appointment of a manager construction company, as well as an order on his appointment to the position of General Director;
if the agreement is signed not by the general director himself, but by his deputy or sales manager, then such a person must have a power of attorney to sign the agreement and conclude the transaction. A copy of such a power of attorney must be attached to the agreement.

Near the territory on which the house is being built, there may be a cultural monument or natural monument, which the developer is obliged to preserve. The company must have security obligations for the preservation of such a monument, recorded in the regulations signed with the authorized organization. In accordance with these regulations, the developer builds his facility. For causing damage to the object cultural heritage the developer is subject to liability - financial or criminal (if intent is proven). Violation may lead to a ban on further construction, or the losses incurred will prevent the developer from completing the work.

It is important to pay attention not financial stability construction company - in particular, it is useful to obtain information about which banks the developer is accredited with.

Purchasing new real estate is a difficult and time-consuming process. In order for the invested money and efforts not to be in vain, the choice of a developer must be approached thoroughly. If you don't have enough time to study all the important information, it's better to contact a specialist!

Pay attention! It is likely that in the coming years the form of equity participation will be replaced by project financing. According to this idea, it will be possible to buy an apartment only in finished house, which will reduce the number of risks to a minimum, but will increase the cost of housing.

The third method is preliminary equity participation and purchase and sale agreements. These forms are used at any stage of construction. For example, the company has not yet received a construction permit, the state examination has not been completed, but money is needed to implement the project. It is impossible to conclude an equity participation agreement under such conditions, therefore preliminary agreements are used. They can be considered one of the worst options for processing a transaction. The seller’s obligations under such forms are limited to the conclusion of the main contract in the future. If he refuses or begins to evade, then the buyer will have to be forced through the court to sign the agreement and only after that demand the transfer of ownership. In this case, the buyer pays money according to a preliminary agreement, but acquires the right to demand not the apartment, but the conclusion of the main contract.

A significant disadvantage of all preliminary agreements is the lack of mandatory state registration. Therefore, to the risks listed above is added the likelihood double sales.

There are also such methods of acquiring real estate as mutual funds, investment activity, cooperative.

Whatever agreement is chosen, it must indicate comprehensive information about the object, terms of transfer, price, procedure for depositing money, and the responsibility of the parties for violation of obligations, especially the developer.

Procedure for concluding an agreement

Depending on the specifics of purchasing an apartment, the procedure for signing the agreement will differ.

For a mortgage

When recruiting borrowed funds in a bank secured by a mortgage of real estate, the formalization of relations with the developer will have the following features:

preliminary conclusion loan agreement;
obtaining bank approval of the selected object;
obtaining a cost estimate;
insurance.

From the developer

Buying an apartment from the developer itself is the most successful and cheapest option. The most low price for real estate - precisely at the beginning of construction, as the house is ready, it increases, and it becomes difficult to purchase an apartment directly without the participation of intermediaries.

In installments

As a rule, installment plans offered by the developer are short-term (up to 1 year) and long-term. The first option assumes no interest. With long-term installments, the buyer must already pay interest. Their size is set by the developer himself and fluctuates around 12%.

When signing an installment agreement, the schedule for making payments, the procedure for repaying the debt (interest and principal), and also determines responsibility for violation financial obligations.

Before purchasing an apartment in a building under construction in installments, you should carefully study the terms of the contract; perhaps the bank will offer a lower rate.

Registration of property rights

All agreements, with the exception of preliminary ones, but including mortgage agreements, are subject to registration in Rosreestr.

Some developers provide their clients with services to represent their interests in Rosreestr. After signing the share participation agreements, the shareholder issues a power of attorney to the employees, according to which they apply to register the transaction. Thus, the buyer does not need to come to the registration service office.

If a contract for the assignment of rights is concluded between two individuals, then you will have to visit Rosreestr.

It is important to remember that under a share participation agreement and assignment from it, the buyer does not receive ownership rights, but the right to demand the transfer of the apartment. Ownership of a physically existing object, that is, a completed apartment, is registered.

Risk reduction

Knowing what needs to be checked when purchasing a new building, the buyer will not find himself in a difficult situation, and small precautions will help mitigate the risks:

enter into an agreement with a proven developer who has been working in the real estate market for a long time. Perhaps apartments in such buildings are more expensive than in others, but when buying an apartment from an unknown company, there is a risk of losing all your savings;
study the pace of construction, if possible, without investing in slow construction;
it is desirable that the house be accredited by the bank - this indicator does not guarantee complete reliability, but the bank will be more willing to issue a loan with such collateral;
selection of the optimal form of agreement (equity participation agreement in construction).

Important! The most common way to deceive apartment buyers! It consists of not specifying or indicating the approximate delivery date of the house. Be sure to pay attention to the terms of the agreement! Usually in such situations the relationship is formalized preliminary agreement. Thus, the buyer is constantly in complete ignorance regarding the timing of receiving the apartment. December 6, 2017.