Of course, there are risks in shared construction, but this does not mean that you should neglect this opportunity to purchase your own square meters. Moreover, due to the fact that today there is such a difficult situation in the country, this will be a good way to preserve your savings. After all, real estate is one of the safest and most profitable types of investment. Moreover, shared construction has not only disadvantages, but also a very attractive advantage!
Shared construction is...
The fact that today many Russians decide to purchase real estate using a shared construction program is not at all surprising. After all, the economic situation in the country leaves much to be desired, and the risk of default is getting closer. In simple terms, shared construction is a type of construction in which the developer, in order to implement his project, attracts funds from individuals who subsequently become full owners of their own apartments in this building. It is worth noting that construction work is being carried out with these funds. The benefit of this is quite clear. The developer does not use a loan to implement the project, and the participant in shared construction acquires his legal square meters at a fairly low cost and has the opportunity to pay the cost until the end of construction. Unfortunately, cases of fraud are very common in our country, so many do not risk getting involved with such programs. But for those citizens who do not have large sums of money to purchase housing, this method is the most profitable. In principle, it can be quite safe if the participant in shared construction follows some precautions. For example: check the availability of the necessary documentation from the developer, construction permit, license, etc.
How to buy an apartment in an apartment building
In the context of constantly rising real estate prices in our country, shared construction is a very profitable way to purchase housing. After all, after the project is fully implemented, the apartments in it increase significantly in price. In order to purchase real estate using such an investment instrument, it is necessary to conclude a special agreement between the developer and the client. As mentioned above, before starting cooperation with a certain developer, it is necessary to check all the necessary documents that confirm the legality of his work. Do not forget that we are talking about large sums of money and that the risk in their transfer is very high. It is worth paying attention to how many houses this developer has already built, as well as whether there were problems during the implementation of previous projects.
Many companies often use a new legal entity to build a new home. It is very important to check who exactly its founders are. And don’t forget that you should like the property. Participants in shared construction are often left disappointed after they move into the purchased square meters. Most often, this is due precisely to the fact that the owners did not pay due attention to such trifles as infrastructure. It is important to pay attention to its availability nearby: a kindergarten, a store, a bank branch, a clinic, a parking lot, and more.
Shareholder definition
Advice from lawyers:
1. I received a ruling from the court regarding the debts of the former shareholder for housing and communal services, what should I do next.
1.1. You don’t have to do anything, let them collect it from the former shareholder, you essentially have nothing to do with this. 153 of the Housing Code of the Russian Federation, payment by the new owner is made from the moment of state registration. registration of rights.
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2. The neighboring plot is in shared ownership, without defining boundaries. One of the shareholders sued me over the construction. Can he alone sue me or should they all do it collectively?
2.1. Hello. By virtue of Article 3 of the Code of Civil Procedure of the Russian Federation, it can.
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3. Mom died and a share in the land plot remained, but during her lifetime she did not register it in the Rosrester; there is a document from the court to other shareholders recognizing her share as the correct way to act, otherwise the notary asks for clarification from the court on the definition, but the court does not give it because I am not a participant in that process.
3.1. Take your countrywoman to court. The question is where is the cow. And TD I myself am from Khabarovsk.
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3.2. Most likely, you will have to recognize ownership through the court, since its share was not registered with Rosreestr. Contact a lawyer to properly draft your claim.
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4. The developer, by court ruling dated June 5, 2020, was obliged to transfer the apartments to the shareholders. I signed the acceptance certificate on November 15 and on the same day I was given a receipt with the debt starting in June. The management company gave a written response that they are accruing from the date of the trial. What to do in this situation.
4.1. They are wrong from the date of acceptance of the apartment, and for late transfer, collect a penalty from the developer.
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5. Can I file a claim to determine the procedure for using a land plot by formalizing the refusal of the shareholders? The land is not registered - a Soviet-era house plan document.
5.1. If the other owners do not mind, then this can be done without litigation, because there is no dispute. We order land surveying, divide it as you need, and the rest of the owners (tenants) sign. Or, in court, you offer your option of use, and the defendants - the remaining owners - admit the claim.
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6. My apartment is in a barracks. Barracks for 12 apartments. We are all shareholders. My share is 4/50. Can I do a land survey for myself? To define your boundaries?
6.1. Hello! Since the ownership of the building is common, land surveying of the adjacent land plot is possible with the consent of all owners.
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6.2. Good evening. Borders of what? A barracks or a plot of land near a barracks? If a barracks is located on a plot of land, then the land is in common shared ownership (under the barracks)
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7. The husband has a 1/2 share in an adjacent 2-room apartment, the second shareholder (brother) has a 1/2 share, by a court decision dated February 12, 2015, it was refused to determine the procedure for using the residential premises. Brother sold his 1/2 share. Now the new shareholder has filed a claim to determine the procedure for using the residential premises. The court may refuse to determine the procedure for using the residential premises.
7.1. Good afternoon. If the rooms in the apartment are adjacent, then most likely the court will refuse the new applicant, and on the same grounds as the first applicant.
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8. I am a shareholder. The developer is declared bankrupt. I sent an application to the court to include me in the register of creditors' claims. The court is not sending me a ruling to include me in this register. I couldn’t find a definition on the court’s website. What should I do?
8.1. Bankruptcy cases are considered by arbitration courts. Look on the website to see if the developer’s bankruptcy case has been considered and what stage it is at.
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8.2. Hello Natasha. Look on the FSB website for a search by debtor, as well as on the YOU website for a search by case number; if not, it means it has not yet been assigned for consideration. Further consultation and protection of your interests is paid. Good luck.
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9. Can one of the shareholders sell the rooms he has chosen without determining the rules of use.
9.1. “Can one of the shareholders sell the rooms he has chosen without determining the rules of use?” - NO. The co-owners can determine the procedure for use by agreement of the parties. This agreement must be registered in Rosreestr.
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9.2. A participant in common shared ownership can sell his shares, not the rooms. He must first offer the co-owners the right of first refusal.
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10. There was a court decision on not causing obstacles and determining the procedure for using a room in an apartment when there are many shareholders. One issue was resolved in favor of the plaintiff, the other in favor of the defendant. If the plaintiff filed an appeal and the defendant also filed his own issue, which was decided, in his opinion, unfairly. How many courts will it then wake up or will these complaints be combined into one case?
10.1. Hello. Both complaints, if they are brought against the same decision of the court of first instance, will be considered in one court session by one court. Typically, there is only one hearing in an appeal.
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11. A shareholder in a 2-room apartment has 6 square meters. The order of use is not defined. I rented it out to tenants (6 people) and they occupied the entire 2nd room. Apartment. I did not give consent. I have 34 sq. m. I want to send a claim to the shareholder of 6 sq. m. to evict the tenants and determine his meters for using the apartment.
11.1. Without your consent, the second owner had no right to rent out the premises. Contact the police, let them check the legality of your residence, and go to court with an application for eviction.
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11.2. Hello. He had no right to possess anyone without your consent. Go to court and forcefully evict them.
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12. I submitted documents for registration of common shared ownership of agricultural land. The registrar issued a suspension. The grounds are that I, as an authorized representative of the shareholders, signed an agreement on their behalf to determine the shares, which cannot be done, and that the agreement must be signed by the shareholders themselves.
12.1. An agreement is a kind of contract that is required to be signed by ALL parties to the agreement; if there are no signatures, it is considered invalid, alas.
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12.2. If you do not have notarized powers of attorney to sign the agreement on their behalf, then you have correctly suspended it. If there are no powers of attorney, revoke them from registration.
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13. The developer is at the stage of bankruptcy, a decision has been made to open bankruptcy proceedings using a simplified procedure. I, as a shareholder, would like to submit an application to the arbitration court. Can I print out an extract from the register about the debtor from the Federal Tax Service website, certify it myself and attach it to the application to establish the amount of creditors’ claims? and inclusion in the register of creditors?
13.1. On February 7, 2011, the long-awaited Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 N 12 “On some issues of application of the Arbitration Procedural Code of the Russian Federation as amended by Federal Law dated July 27, 2010 N 228-FZ “On Amendments to the Arbitration Procedural Code of the Russian Federation” was issued. . The Plenum of the Supreme Arbitration Court explained the following. According to clause 9, part 1, art. 126 of the Arbitration Procedure Code of the Russian Federation, information about the location of the plaintiff and defendant is confirmed by an extract from the Unified State Register of Legal Entities or another document that is properly certified; such a document can be information printed out on a sheet from the website of the Federal Tax Service - https://egrul.nalog.ru/. This printout is properly certified. Yes, you can certify it yourself. Good luck.
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14. How much does it cost to call an apartment appraiser, how much does it cost to draw up an agreement for the purchase of a share by shareholders and determine the terms of purchase without a balance, and how much does it cost to draw up an agreement if the shareholder does not buy the share from me within this period, then I can sell it to a third party. (at home)
14.1. Hello, you can contact any appraiser for an assessment. You need to send a notice to the second participant in shared ownership of your intention to sell the share and with an offer to buy it back. If he refuses or ignores your offer, then you have the right to sell the share to third parties. For assistance in drawing up a notice and agreement, you can contact any lawyer on the site. Good luck and all the best.
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14.2. How much does it cost to call an apartment appraiser, how much does it cost to draw up an agreement for the buyout of a share by shareholders and determine the terms of the buyout without a balance, and how much does it cost to draw up an agreement if the shareholder does not buy back my share within this period, then I can sell it to a third party. (at home) Prices for appraiser services in each region and each company are different, so you need to look at the offers of this service and choose, and drawing up a contract for the sale and purchase of a share in real estate from July 2020 through a notary and they have a price in the city basically the same.
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15. How much does it cost to call an expert to evaluate an apartment? .
15.1. Good day! Lawyers cannot know the pricing policy of certain organizations - find out the prices of such services in your city/region.
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16. There is a court ruling that says that one of the co-owners is obliged to pay two shareholders monetary compensation for their shares in the home ownership. One of the shareholders has not documented her share of the house for 5 years, so I cannot make payments to her. Is there a law regulating this issue? Can I get this undecorated part of the house for some time? I live in the house alone. Thank you.
16.1. Good afternoon. Didn't understand. A court decision has established your ownership of the shares of two co-owners, so why don’t you apply for registration of your right with a court decision? The court decision must clearly indicate which shares you have become the owner of.
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17. I am a shareholder, my developer is bankrupt, the house was completed in violation of the delivery deadlines. contractor. There is a court order to provide me with an apartment. The amount of additional payment for excess footage after a visit from a BTI technician is known. The bankruptcy trustee's lawyers invite you to sign the transfer and acceptance certificate (only after paying the difference in meters and rubles). How to accept an apartment according to the deed if it has no water, heat, electricity, and elevators do not work?
17.1. “How to accept an apartment according to the act...?” Sign the deed and accept the apartment. You are in an extremely favorable situation. Don't delay. Arbitration/financial manager Vitaly Snytko.
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18. 2 shareholders in an apartment - one 75%, the other 25%. How will the rooms in a 3-room apartment be distributed when filing a lawsuit to determine the procedure for using the apartment? It didn't work out peacefully. Square meters are distributed according to the size of the shares or otherwise. Thank you very much in advance.
18.1. You must allocate shares in kind according to square meters.
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18.2. Hello. In a court. It is necessary to declare the distribution of area in kind based on shares. One will get two rooms, the other one and the rest will be common areas.
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19. The Ministry of Construction refused to include defrauded equity holders in the register (since the management agreement has not been concluded). The arbitration definition is available on how to file a claim in court.
19.1. Contact an in-person lawyer.
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20. We will talk about a plot of agricultural land that is in shared ownership. Is it possible to establish the boundaries and location of shareholders' plots in the form of an agreement to determine the procedure for using the property? The point is not to carry out the procedures associated with drawing up a land surveying project. If possible, is it necessary to hold a general meeting for this purpose and on what issue?
20.1. Such an agreement will not have legal force, because the boundaries of the plots are determined by land surveying. Disputes related to the location and boundaries of plots are inevitable, and it is problematic to introduce such plots into civil circulation - sale, inheritance, exchange, all this requires clear criteria for the subject of the transaction, which will not exist with your option.
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How to correctly determine the rooms in a common quarter. There are many shareholders, but also rooms. Delimitation or definition of boundaries in squares.
My mother has a share (share) in agriculture. Land 9 shares. In addition to my mother, there are 53 other shareholders.
We are 4 shareholders in the household. One shareholder in court allocated his part of the share.
I am a shareholder in the house of a construction company, in respect of which on March 4 of this year a decision was made to introduce a monitoring procedure, and a manager was appointed.
In apartment 3 there are 3 shareholders, 2 shares were sold to resellers. The new owners refuse to pay rent.
Help! I have a problem, when concluding the contract it was written: Citizen Bely V.
There were three shareholders in a three-room apartment. One sued to have a room assigned to him to stay.
I bought a share in the house. The previous tenants had an agreement (by court decision)
I filed a lawsuit with the Magistrates' Court to determine the use of the land plot. I have 1/4.
I filed a claim in court 1. determination of use of the land plot.
We have a square. 61 square meters, a share of 38 square meters was sold, i.e. I still have a share for 23 sq.
A plot of land in common shared ownership of 15 acres, the general boundaries of the plot are not defined,
Features of obtaining a mortgage
Just a few years ago, obtaining a mortgage for the purchase of real estate using equity participation was impossible. But today almost every bank offers such a service. The procedure for obtaining a mortgage loan for shared construction differs significantly from the execution of the same agreement for finished housing. First of all, you need to conclude an agreement with the developer. All the intricacies of this operation have been discussed above. But it is still necessary to pay attention to information about the object, the value of the property, the term and procedure for payment, guarantees for the construction project, the layout and area of the premises, the period for transfer of real estate. The bank will necessarily require notarized documents on the consent of the spouse (if there is one) and the guardianship authorities (when conducting a transaction involving the property of minors). The agreement goes through a mandatory procedure with the State Registration authorities. This usually takes no more than a month for one participant. Once the document is completely prepared, you need to contact the bank with it. Further paperwork may vary significantly, depending on the chosen credit institution. The interest rate, package of documents, collateral requirements, etc. - all this can vary significantly. The only thing that absolutely every bank requires is comprehensive mortgage insurance.
Registration of preschool educational institution
Unlike a work contract, an equity participation agreement is subject to mandatory registration. This action secures the shareholder's right to specific real estate. At the same time, the possibility of so-called “double” sales is excluded. It is from the moment of registration that the share participation agreement in a certain form is considered concluded.
An equity participation agreement differs from a share agreement by considering the risks of the shareholder and providing a greater description of all possible characteristics. What is DDU registration? This is the official recognition of the shareholder's rights to real estate.
Assignment of the right of claim
Quite often there is a need to resell housing under construction. This procedure is called “assignment of shared construction” or “assignment of the right of claim.” This scheme can be implemented even before the constructed building enters into operation and the title documents for the living space are received. The owner who has entered into an agreement with the developer can at any time resell his right to receive the property to another individual after construction is completed. It is important to note that any such transaction will be subject to tax. Its payment is legally assigned to the first investor. Although during the bidding process this responsibility can be transferred to the shoulders of the new shareholder. But it is worth considering that the amount of tax is calculated on the entire amount of the transaction, and not on the difference between the amount of investment and the amount of the concession. Purchasing real estate under assignment agreements is always relevant, as it is incredibly profitable for most investors.
Equal participation or joint ownership?
Most often, young families decide to purchase new real estate. For this reason, the object of shared construction is not only selected jointly with the spouse, a decision is also made jointly on what type of contract will need to be concluded. The concept of joint ownership means that during a divorce, the property will be divided equally, that is, in equal shares between its owners. This happens because the contract does not stipulate certain conditions. Instead of a spouse, a relative or any outsider who will be included in this agreement can act. If you conclude an equal-share agreement, then according to its rules, each owner of a certain part of the real estate can dispose of it at his own discretion. The only restriction is that the first right of purchase belongs to the second shareholder. And, for example, in the event of a divorce, real estate will no longer be divided, since it was previously divided between the owners.
Quality
In some cases, when moving to a new building, customers may encounter inappropriate quality of work performed. If there are any shortcomings, then under the terms of the deal the developer is obliged to eliminate them within a short period. Particular attention is paid to the quality of the work done.
Accepting equity participation implies, first of all, accepting responsibility in order to reduce possible risks to a minimum. If the developer allows the transfer of obviously unfinished housing to the customer, then the latter has the right to sue. The peculiarities of the contract for shared participation in construction imply that the shareholder is obliged to evaluate the quality of the work done.
Payment
As for payment for this service, there are quite a lot of options. The cost of the living space as a whole, as well as the conditions under which payments will be made, will depend on how much the down payment is. For example, if the full amount is paid within three working days, the client receives a discount from the developer for each square meter of real estate. Otherwise, the calculation of the contract is carried out within the agreed time frame, and the cost prescribed initially cannot change, even under the pressure of inflation or simply during the construction process. The advantages of paying the cost of an apartment in installments are that even with a small amount, the participant can solve his “housing problem.” In this case, housing can be selected according to all the client’s wishes, starting from the number of square meters and ending with the characteristics and timing of its receipt of ownership. In addition, thanks to small monthly payments, the shareholder can successfully control his budget.
Pros and cons of equity participation
The main advantage of purchasing real estate using equity participation is its low cost. By buying housing under construction, you can save a lot. For the current situation in the country, this is a significant plus. In addition, the transaction can be concluded directly in national currency. Speaking about the disadvantages, first of all I would like to say that when drawing up a share agreement, the client does not buy an apartment, but only the right to demand this living space from the developer. Unfortunately, the market is structured in such a way that the likelihood of getting your property on time is extremely low. And the number of scammers is quite large. Therefore, it is necessary to be very careful when choosing a developer and completing documents. Well, if you have questions that are difficult to answer on your own, then it is best to seek help from an experienced specialist. Shared construction of apartment buildings will always be popular in the real estate market.
Subject of the agreement
It must be spelled out as clearly as possible to avoid double interpretation. Equity participation in the construction of a house implies that the property will be received by the shareholder by a certain period of time. The term of the equity participation agreement is determined in advance.
Typically, these frameworks are specified in the contract and both parties must agree to them. Otherwise, the transaction will be considered invalid. A sample form of an equity participation agreement can be obtained from any notary office. To do this, you need to seek advice from a lawyer, he will help clarify all the necessary questions.
