How much does it cost to register a contract. Electronic registration of DDU: important nuances and sequence of registration

Since the share agreement is subject to mandatory state registration and is considered concluded only after its implementation, both parties (the shareholder and the developer) are interested in implementing this procedure as quickly as possible.

To do this, it is enough to collect required package documents and submit them to Rosreestr.

Key Documents

For a shareholder, the list of documents provided is always approximately the same. For the developer, it may vary depending on the time the contract is registered. equity participation. When it is concluded with the first participant shared construction, a number of additional documents are provided:

• confirmation of state registration of a legal entity (if the developer is a legal entity);
• founding documents;
• permission to build this property;
• project declaration;
• plan of the property to be created.

When registering further contracts, the developer is exempted from providing such documents.

For equity holders, the list of documents in most cases is as follows:

• agreement on participation in shared construction;
• all annexes to the agreement on participation in shared construction;
• application of the developer and shareholder on the registration of this agreement;

The following documents are optional and only apply in specific cases:

• if necessary, a notarized consent of one spouse to the conclusion of this transaction by the other spouse is attached;

• if registration is carried out through a representative, a notarized power of attorney is attached;

• if the party to the transaction is incapacitated, then a document on the appointment of his representatives as guardians is attached;

• if the transaction involves representatives of children under 14 years of age, a birth certificate of the child is attached;

• if a participant in shared construction was provided with credit funds for the simultaneous registration of an encumbrance of the right, an agreement on the right to claim is attached.

In addition, you must pay state duty for registration. At the time of writing this material, its size is 350 rubles, but it changes periodically, so it is worth clarifying this separately. It is not necessary to provide a document confirming the payment of the state duty, but you can do this as a preventive measure and then if there are any problems with finding information about the payment in the state information system, the registration documents will still not be returned to you ahead of time and the registration will be successfully completed.

Getting a receipt

When you provide these documents for registering an equity participation agreement with Rosreestr, you must be issued a receipt. A receipt is a document that contains the following information:

• the list of documents that you provided;
• signature, as well as F.I.O. the specialist who accepted the documents from you;
• FULL NAME. and contact number a specialist who can provide you with information about the current stage of registration of documents;
• date of submission of documents.

Receipt of registration documents

When the registration period for the equity participation agreement expires, representatives of Rosreestr must issue you documents. The deadline for issuance is up to 18 calendar days from the date of receipt of the application for the first participant in shared construction and up to 5 business days for all subsequent participants.

To pick up the documents, you need to take with you:

• a document proving your identity, or a power of attorney to represent the interests of a particular applicant;
• the above receipt of receipt of documents.

A special registration inscription is placed on the contract, which confirms its state registration. The recipient of the documents will also need to sign in the book of registration of issued certificates of state registration of rights, as well as on a copy of the receipt for the receipt of documents.

The purchase of apartments in new houses at the construction stage under a share agreement is becoming increasingly attractive in the eyes of the population. To protect citizens from fraud, FZ-214 requires prudent registration of contracts. With the development of new technologies, electronic registration of DDU is available. Without leaving your home or office, you can register a document in a special list of real estate.

How is the clearance

If the contract is registered, the contractor will no longer be able to make a double sale of housing “by mistake”. According to the law, the right to claim an apartment in this case is wholly owned by the shareholder who draws up the contract.

The buyer has three registration options:

• an appointment with a registration chamber specialist, long queues with the hassle “You were not standing here”, and other delights of soviet office work;
• acceptance of documents through the MFC is a pleasant alternative to the first possibility of registration, at least streamlining the queues of visitors;
• electronic fixation of equity participation agreements, without queues and trips to the offices of government agencies, in a special database of objects.

For busy people who want to finish the paperwork as soon as possible, registration by transferring documents to the MFC means an increase in the procedure by one day.

There are also positive side of this option - it is more pleasant and reliable to give the papers personally into the hands of a specialist, having received from him a paper with a list of submitted documents and an appointed deadline for registration.

But it is not always convenient to break away from work and come to the MFC.

Pros and cons of registering a DDU in electronic form

The new service has received approval from developers. The ability to conduct office work without leaving the office increases the speed of preparing documents and reduces losses from unnecessary expenses.

Advantages of registering an equity participation agreement in in electronic format:

• the registration procedure takes five days, which is three days less than with the other registration method;
• reduction of the state duty, since the whole link was excluded from the process - the cost of delivering documents by couriers;
• the influence of the human factor is reduced to a minimum, documents are not returned back only because of the incompetence of specialists.

What is the benefit to the buyer from the fact that he receives the original electronic registered DDU? Unfortunately, only one is time. Bring all documents to the developer's office and submit them for registration.

What are the disadvantages and are there any in this perfect way of fixing documents without errors?

Complete surprise for individuals was the cost of the service of obtaining an electronic signature. You can find out about its price by going to the Yandex portal.

Each city has its own bar: in Moscow, the cost is the highest. An electronic signature will cost 5,000 rubles, and in small provincial towns it can drop to 950 rubles. Or be completely free.

The types of electronic signatures are different, with varying degrees of protection depending on the importance of the documents. Registration of documents on the websites of government agencies requires certification with an enhanced electronic signature.

The essence of the collection required documents remains unchanged. It is necessary to document the occurrence of the right to claim the property.

What documents do you need to provide for this:

• the share agreement itself;
• project documentation - a declaration in which the registrar can get acquainted with which developer he entrusts his cash shareholder and for what;
• a copy of the buyer's identity card - passport;
• a power of attorney from a spouse for the purchase of housing in shared construction, certified in a notary's office, is also not excluded.

Equity agreement Copy of passport Spouse's consent

Receiving algorithm

• You need to go to the website "Rosreestr" - the state registration service, email address website: rosreestr.ru
• Select section " Electronic Services and services".
• The next step is "State registration of rights."
• In the opened sheet "Submit an application for state registration of rights" select "Registration of property rights". In this paragraph, put a tick in the subparagraph: ownership, equity or joint.
• Press the "Go to request details" button.
• Opens "Submit an application for state registration of rights."
• Now, in order, fill in the empty boxes. The cadastral number of the object can be taken in the section of the DDU "Subject of the contract".
• Select the type of object from the options provided.
• Indicate the address of the object in order, enter the data of the developer, that is, the developer, into the form.
• Check the box that you need an extract from the USRN.
• If the buyer wants to receive an extract in his hands, he will have to visit the MFC.
• Otherwise, in order to receive an extract, you can leave your email address and print the document yourself.
• The next step is to attach scanned copies of all necessary documents.
• The final stage is an electronic signature, the rights to which are acquired earlier in Yandex.

There is an unexpected plus in the use of new technologies - the amount of the state duty will be 70% of its usual cost.

At the same time, equity holders often do not even suspect that an ordinary buyer of an apartment may need an electronic signature only once. Given that it is bought for a period of one year, all the benefits electronic clearance contracts are cancelled.

Sometimes ten minutes is enough to send documents to Rosreestr from the developer's office.

Now by new scheme documents are processed within one day.

In 2017, it was possible to register in this way secondary housing, registration is now available in the new building. With the help of electronic registration, the client's time is saved, and the Rosreestr service strengthens its position in the banking services market.

How to check registration

In any case, flaws are possible, therefore, having received an extract from the USRN, it is required to check the registration of the document. Go to the State Register website again, then to the "Electronic Services" section.

According to the cadastral number of the document in " background information on real estate objects ”and according to known other data, fill in the empty boxes. By selecting "search", get a list of fixed contracts, in which you can find confirmation of registration by cadastral number.

If there is no document in the list, wait another week, and then repeat the procedure.

Registration of a mortgage agreement through Sberbank pros and cons

If a mortgage credit lending issued in Sberbank - electronic registration of documents is fast. This proves the good interaction of two important structures.

What benefits can a borrower expect?

• DDU is compiled construction company in the form of a savings bank. The buyer receives already verified credit institution contract and sign it.
• The registration procedure does not take longer than 5-7 days.
• If the borrower is not married, all he has to do is find an apartment, inform the developer about his decision to purchase a mortgage and come to the bank to draw up an agreement.
• Another bonus from Sberbank is a reduction in the lending rate if the borrower registers the contract electronically.

However, there are also negative sides. Electronic signature the borrower rents from the bank at a fairly high price - 7 thousand rubles. The state duty is already taken into account in this amount.

But the buyer, having visited the bank, can forget about the problem of paperwork - the manager of the savings bank will do everything. A week later, an extract from the USRN can be received by e-mail.

Electronic registration of DDU: yes or no

We draw a conclusion from the above. The use of electronic registration is beneficial to equity holders who draw up a mortgage agreement with Sberbank. For other buyers, apart from the dubious advantage of reducing bureaucratic delays, there are no special advantages.

Nevertheless, this type of registration is not dangerous for the buyer and has the right to exist. Moreover, this type of service is still developing and improving.

Rosreestr is now official body state registration, where it is necessary to confirm the registration of the DDU (participation agreement). Cadastral Chamber now it is both the supervisory authority and the responsible national operator in the field of registration of the legal status of property objects. Guided by the procedure and principle of registration, Rosreestr has provided for these purposes both the first type of registration of the DDU, and the second and subsequent registration of the DDU. Registration with the first shareholder provides for a single format for processing the DDU document. With all subsequent equity holders, the second and third DDU in the text part must match the information about the agreement with the first registered equity holder. Features for the design of DDU To comply term of registration of DDU in Rosreestr,some factors must be taken into account:

• For a separately constructed real estate object MKD ( apartment building) the documentary part for the first applicant of the object, after the Rosreestr registers the second, third and subsequent DDU based on the textual information of the first contract.
• When registering the second DDU, it is necessary that the official registration of the first document under the contract be completed on time (usually within 5 days).
• Payment under the contractual part is carried out only after the registration of the Agreement in Rosreestr (Article 5, paragraph 3, FZ-214).
• From July 1, 2019 introduced binding right that the registration of contractual obligations is the subject of the formation of an escrow account for the shareholder.

• Permission to conduct construction work.
• House plan. It is necessary to have an area and a detailed description of both the house itself and the individual premises.
• Availability of an approved supervisory authorities design part for building a house.
• Projects of companies, official statutory documents, as well as documents in accordance with List-2.

• Contracts in the amount of 3 copies, signed by all its participants - the developer, the owner of a share in the building, as well as Rosreestr.
• Application for state registration of DDU, both from the contractor of the contract, and from the direct buyer of the share.
• Passports of all participants in shared construction, aged 14 years and older. If the future owner of the property is under the age of 14 - a birth certificate.
• Notarization of the second half for the acquisition of a part by equity participants in the construction, then such consent is not needed.
• Documentary confirmation for the pledge of the right to claim. Since now lending takes place through escrow accounts, an additional agreement is required to the agreement by the bank that will be the account holder. AT additional agreement the principle of opening an escrow account after the commissioning of the facility is indicated.
• Identification document on the layout of the premises, which is the subject of contractual obligations.

• Payment of state duty. The Rosreestr website has official information"On the procedure for paying fees and state duties for the provision of services in the field of registration of real estate rights." For legal entities the state duty is up to 6 thousand rubles, for individuals - from 350 rubles for 1 shareholder.
• Transfer of documents for registration to Rosreestr through the MFC or through the portal of the State Service, or directly at the Rosreestr branch at the place of ownership of the new building as a subject of registration of the right.
• The term of registration of DDU takes no more than working days. For the MFC, up to 4 working days are added. In total, the cadastral registration takes no more than 12 working days.

Purchasers of real estate under a share agreement receive, in fact, the right to register housing in possession in the future. Read in the article how the registration of property rights under DDU in general and judicial procedures and with a mortgage.

As a rule, even after full payment of the cost of housing under the DDU, obtaining the keys and moving into new apartment, the ownership right is still not formalized. A citizen becomes the full owner of the housing only after passing the state registration of property rights in Rosreestr.

Registration of housing in the property is regulated by the following regulations:

• Federal Law No. 218 "On state registration of real estate" dated July 13, 2015;
• the Civil Code of the Russian Federation;
• Housing Code of the Russian Federation;
• Federal Law No. 214 "On" dated December 30, 2004.

After construction works are completed, the developer must perform a number of actions to be able to register, namely:

1. Draw up a protocol on the distribution of premises into residential and commercial. This is true if the new building provides a floor with shops, office and other areas.
2. Obtain technical documentation for the constructed building from the BTI, which will indicate the number of storeys and layout of the apartment building, its area as a whole and each individual room.
3. Sign the act of acceptance and transfer of the building and obtain permission for commissioning.
4. Register the building with Rosreestr.
5. Give your home a postal address.

When equity holders enter into legal rights, the construction company may contribute to the speedy registration of property or, on the contrary, be inactive or even prevent the completion of this final stage. If the situation develops according to the first scenario, then the design takes place in general order. When the developer does not meet halfway, the issue is resolved in court.

After the house is put into operation, the construction company is obliged to transfer the immovable objects to the equity holders. This process is formalized by an act of acceptance and transfer during a preliminary inspection of the living space. When the act is signed, equity holders receive the keys to the apartments. After that, you will need to contact the Rosreestr for a one-time cadastral registration and registration of ownership.

However, things don't always go so smoothly. Quite often, developers under various pretexts drag out the process. In this situation, equity holders are forced to apply to the BTI on their own, and if the developer prevents registration - to the court.

The procedure for registering ownership of an apartment under DDU

The shareholder registers the ownership right personally or with the help of the developer. In the first case, the algorithm will be as follows:

1. Contacting Rosreestr or MFC with a representative construction company.
2. Filling out an application for registration with information about the owners, the property and the list of attached documents.
3. If everything is filled out correctly, the application is signed by the applicant.
4. An employee of Rosreestr or the MFC checks the documents and issues a receipt indicating the date the papers were accepted and the date the documentation was ready.
5. On the appointed date, you must come to the institution and receive your copy of the DDU with a registration mark and an extract from the USRN confirming ownership.

It is from the moment they receive an extract from the USRN, which replaces the usual certificate of ownership from 2017, that equity holders will be considered full-fledged homeowners.

If the developer will deal with the design, then you will need to first contact a notary to sign a power of attorney for a representative of the construction company. Notary and developer services are paid. In addition, most likely, the registration of ownership through an intermediary will take longer.

The documents

In accordance with Art. 48 of the Federal Law No. 218 of July 13, 2015, the following documents will be required to register ownership under DDU:

• the applicant's general passport;
• share agreement;
• act of acceptance and transfer of residential premises;
• permission to put into operation;
• receipt of payment of state duty.

If the property is registered in the name of a minor citizen, then a birth certificate and the consent of the guardianship and guardianship authorities will be required. When the cost of the apartment is paid from mortgage funds, an agreement with the bank will be required.

When carrying out actions through an intermediary, it is imperative to have a power of attorney issued by a notary. If the shareholder is married, then you must additionally provide the consent of the spouse to conclude a DDU.

Timing

According to Art. 16 of the Federal Law No. 218, the process of registering property rights cannot last longer than seven days. During this period, the following actions are carried out:

1. The application and documents are accepted.
2. A legal examination of the submitted papers is being carried out.
3. Checking the authenticity of documents and legal purity deals.
4. Circumstances that may prevent registration are identified.
5. The necessary data are entered into the USRN (Unified State Register real estate).
6. Documents with a registration stamp are issued.

The term is calculated from the date of submission of the package of documents. The registration period may be delayed if the right is registered at the same time by several applicants or if there are mortgage loan. The extension of the term is legal (Article 26 of the Federal Law No. 218).

Price

The state fee for registration of property rights must be paid before submitting documents. Its size is set tax legislation, namely Art. 333.33 of the Tax Code of the Russian Federation. In 2017, the state duty is 2000 rubles.

If the apartment is issued in fractional ownership, then the amount of the state duty will be divided among the co-owners in proportion to their shares. You can pay the required amount at any bank branch, ATM or at the cash desk of the registering authority (if provided).

Dear readers! We talk about standard solutions legal problems but your case may be special. We will help find a solution to your problem for free- just call our legal adviser by phone:

It's fast and is free! You can also quickly get a response through the consultant form on the website.

Recognition of ownership under DDU through the court

As mentioned above, it is not uncommon for a developer to interfere with the ownership of an object by equity holders and thereby violate its obligations. In this situation, you will need to go to court. Let's see how this happens step by step.

Step 1. Determination of the subject of the claim

To register the ownership right, you will need an acceptance certificate or other document confirming the transfer of the object to equity holders. If this paper is not available, the participant in shared construction has the right to apply to the court with the following claims:

• on the recognition of ownership of the object;
• on the recognition of ownership of a share in the apartment;
• on the recognition of ownership of the object of construction in progress.

A statement of claim for recognition of property rights to an apartment is submitted in the following situations:

• when apartment house built but not put into operation;
• when the house is built, permission for commissioning is received, but the developer does not draw up an act of acceptance and transfer.

It is submitted if the house is not completed and put into operation, and the object itself was not transferred to the participants in shared construction.

Step 2. Preparing and filing a lawsuit

The claim contains the following information:

• the name of the judicial body;
• the name of the plaintiff (participant in shared construction), his address of residence and contact details;
• the name of the defendant (developer) and the address of its location;
• the essence of the claim is a statement of the violation of the rights and legitimate interests of the plaintiff;
• circumstances of the case on which the plaintiff bases his claims;
• evidence base confirming the circumstances;
• the value of the property (price of the claim);
• application list.

Attached to the claim are:

• copies of the claim for the defendant and third parties (investors, Rosreestr, etc.);
• a copy of the DDU;
• copies of payment documents for DDU;
• receipt of payment of state duty;
• technical documentation for the object;
• other papers confirming the circumstances of the case.

In justification of the requirement, it is necessary to refer to the fact that the developer does not comply with Art. Art. 6.16 Federal Law No. 214, art. 218, 219, 309 and 310 of the Civil Code of the Russian Federation, as well as the Law on the Protection of Consumer Rights.

It is worth considering that if bankruptcy proceedings have begun against the developer, then it is possible to file a claim for recognition of ownership only as part of the case for declaring the company bankrupt.

The state duty will not need to be paid if the value of the claim does not exceed 1 million rubles. When it is higher, the fee is paid based on the cost minus 1 million rubles. This rule applies if the plaintiff bases his claims on consumer protection legislation or is a disabled person of group I or II.

A package of documents and a claim must be submitted to the district court at the location of the property. If any necessary papers cannot be obtained, the court may assist in the design.

Step 3. Consideration of the case

The statement of claim is considered within five working days from the date of its submission. If the claim is accepted for proceedings, the court will initiate a civil case and begin preparations for the trial.

You will probably need the help of a qualified lawyer to resolve a litigation in your favor. You can get legal protection of your interests on our website.

All costs of the trial, including the payment of representation in court by a lawyer, the court collects from the defendant.

Step 4. Obtaining a court decision

Solution judiciary will enter into force after a month, unless appealed.

The document must be received in two copies. They must be marked with the entry into force. The decision of the court is the basis for registration of property rights.

Step 5. Registration of ownership

From this point on, the registration process will go in the general order, which is described above. To the list of required documents, you will need to add a court decision that has entered into force.

You can apply for registration in one of the following ways:

1. Personal appeal to Rosreestr or MFC.
2. By mail with a list of attachments, declared value and notification of receipt by the addressee.
3. In electronic form using the portal of the State Service or the official website of Rosreestr.

After registration is completed, the applicant receives an extract from the USRN.

It is also worth considering that from the moment of registration of ownership, the participant of the DDU becomes a payer of property tax. In addition, he has the right to return the paid income tax through the use of assets.

Registration of ownership of an apartment under the DDU with a mortgage

For registration of an apartment purchased on borrowed funds, along with other documents, you will need to provide mortgage agreement and the written consent of the pledgee (bank) to possession of the subject of pledge.

On the extract from the Unified State Register of Real Estate, a note is made about the encumbrance of the object with a pledge. After the payment of the mortgage loan, the encumbrance is removed in Rosreestr. The rest of the procedure is the same.

If you have any questions related to shared construction, please consult a lawyer. Get free legal assistance can be on our website.

Now you know how the registration of ownership under the DDU takes place, depending on the situation. Remember that the rights of participants in shared construction are reliably protected by law.

25.03.16 86 112 0

How to prepare and what to look for

Nika Troitskaya

real estate marketer

So you have chosen a house and an apartment, agreed on a price and method of payment. Time to make a deal. According to the documents, buying an apartment in a new building takes place in six unforgettable stages:

1. Prepare your documents.
2. Sign a share agreement with the developer.
3. Register the contract in Rosreestr.
4. Pay the price of the apartment.
   (Here you have to wait until the developer rents the house.)
5. Sign the acts of acceptance and transfer of the apartment, get the keys.
6. Register ownership.

You will become the full owner of the apartment after you register the right of ownership. From that moment on, you will be able to register at a new place of residence, resell the apartment, move in tenants or make redevelopment.

In today's article, we will tell you how the first two stages of the purchase take place: what documents will be needed and how not to screw up with the contract. Registration of the contract, and - the topics are voluminous, so we will write about them separately.

1. We prepare documents for the purchase

The package of documents depends on whose name you are buying an apartment and how you will pay for it.

Apartment for yourself

The simplest case - you are not married or not married, draw up a contract only for yourself, buy an apartment on an advance payment or in installments. In this case, prepare only your passport.

If you are married or married, but you are registering an apartment only for yourself, in addition to your passport, you will need the consent of your spouse to buy an apartment. Such a document will be issued in the presence of your spouse at any notary office, he will need a passport and a marriage certificate with him. You do not need to be at the notary's: who gives consent, he comes personally.

If you have a prenuptial agreement that says you can buy property without separate consent, take it with you to the deal.

For two with spouse

If you are buying an apartment for two with your spouse, your passports and marriage certificate will be required for the transaction. If your spouse cannot be present in person at the signing of the contract, then you will need a notarized power of attorney - so that you sign the contract for your spouse.

Into a mortgage

If you buy an apartment with a mortgage, you will have to prepare more documents, and each bank has its own list. Some developers employ mortgage brokers - people who know everything about mortgages and help prepare the application and paperwork so you get a mortgage solution. The mortgage broker will tell you under what conditions banks give mortgages, what documents to bring, he will fill out an application and send it to those banks that issue mortgages for your developer's apartments.

If the developer does not have a mortgage broker, you will have to contact banks yourself, collect documents and fill out applications. Prepare the following package of documents for each bank:

If you have other sources of income, and the official salary is not enough for a mortgage, inform the bank about it - they will help you fill out a questionnaire in which you indicate your real income. It is called a bank statement.

Before the deal, collect a package of documents and call the developer: check with him whether you have taken everything.

2. We sign the DDU with the developer

In the article "How to choose a developer" we talked about how to get a draft equity agreement. Now draw up a real contract with the manager of the developer.

Check the DDU with a third-party lawyer

Even if the project and the real DDU do not differ, contact an outside lawyer, show him the final contract. The lawyer will check the dangerous moments. You are risking several million, so feel free to double-check every comma and hire an independent lawyer.

What should be in the DDU with a decent developer:

1. The cost of the apartment.
2. Date of delivery of the new building.
3. Building address of the house.
4. The cadastral number of the plot on which the house will be built.
5. Floor and preliminary apartment number.
6. Ceiling height, layout and area of ​​the apartment.
7. A five-year warranty for an apartment, a three-year warranty for engineering equipment: pipelines, heating and ventilation systems.
8. Builder liability insurance.
9. your passport details.
10. Builder details.

In the contract, lawyers always try to provide for errors and minimize losses from them. Often, developers include items that are obviously unfavorable for the buyer. Their disadvantage is hidden behind official legal language, through which it is difficult to wade through ordinary person.

All contracts with developers are equally incomprehensible to an ordinary person. Therefore, just exhale, be patient, call a lawyer for help and decipher the contract. We will write an article about bad wording that can harm you separately. But there are three points that you need to look at especially carefully: the deadline for issuing keys, the procedure for compensating for the area and the representative of the developer who signs the DDU.

We look in the contract for the date of handover of the keys

Some developers in project declaration indicate a delightfully fast delivery of the house. The advertisement refers to this date. But when it comes to DDU, it turns out that, even though the city will be handed over in the near future, the keys will be issued only after a year and a half.

The Developer undertakes to obtain permission to put the Residential Building into operation in the I (First) quarter of 2017.

The transfer of the Apartment to the Shared Construction Participant is carried out according to the act of acceptance and transfer upon the cumulative occurrence of two conditions: obtaining permission to put the Residential Building into operation and full payment by the Shared Construction Participant of the price of the contract. The start date for the transfer begins 30 days after the transfer conditions have been met.

What does it mean. The developer will hand over the houses to the city and receive permission to enter the house before April 1, 2017.

If you have a prepayment or a mortgage, or you have paid off the installment by this point, then 30 days from the date of approval, the developer will begin issuing keys. Previously - only after permission to enter and only if you agree with the developer.

We look in the contract for the clause on compensation for the area

It happens that builders unwittingly increase or decrease the area of ​​​​the apartment. This happens less often in typical sockets, more often in monolithic and brick houses- they are built every time from scratch. They put a wall a little to the side - a deviation in area begins for the whole apartment.

It is unprofitable for the developer to pay you additional compensation if the area is less than according to the contract. If the area turns out to be larger than according to the contract, and the developer did not take this item into account separately in the contract, then under the consumer protection law you are not required to pay extra to the developer for extra meters. Again, this is unprofitable for the developer.

Developers do not like to waste money just like that, so their lawyers play it safe in both cases and write complex structures in the contract in order to get your money or not pay compensation. We took the DDU of two large developers and translated the points about the area into simple language:

The area of ​​the Premises specified in clause 1.1 of the agreement can be changed (specified) according to the data technical inventory. The specified specification of the area of ​​the Apartment is not a lack of quality of the Apartment for the parties to the agreement. In this case, the parties have no mutual claims, the price of the contract is not subject to recalculation. The final (actual) area is indicated by the parties in the act of acceptance and transfer.

In case of increase total area Apartments more than 1 sq. m according to the results of measurement by the Bureau of Technical Inventory (BTI) or cadastral engineer having a valid qualification certificate, in comparison with that specified in clause 1.1 of this Agreement, the Participant undertakes to pay the Developer the price of the Agreement, based on the estimated price of 1 (one) sq. m, specified in clause 3.1. of this Agreement, within 10 (ten) working days after the written request of the Developer to the Participant is sent.

What does it mean. If at the acceptance or during BTI measurements it turns out that the area of ​​​​the apartment is less than indicated in the contract, you will not receive compensation.

We look in the contract who signs the DDU on the part of the developer

By law only CEO can sign DDU with equity holders without a power of attorney. But in practice, there are no developers whose CEO signs a DDU. Usually, contracts are signed for him by proxy by the commercial director, the head of the sales service or the sales director - each developer has his own way.

Your task is to look at the DDU, who signs the contract. If this is not the CEO, ask the manager to show you the original power of attorney and make a certified copy.

A copy of the power of attorney is reinsurance and proof that your contract, as lawyers say, is valid. If suddenly something goes wrong, then you will prove that you signed an agreement with a representative of the developer, who had the right to sign such documents.

Ideally, a copy is notarized, but a certified seal and signature of the CEO will do.

If some points do not suit you, discuss them with the developer, amend the contract - this is legal and normal. Remember that not only do you want to buy an apartment, but the developer also wants to sell it. Once you have common goal it is important to agree on the terms.

Check the DDU with the project and show it to an independent lawyer. If some points do not suit you, offer the developer to change the contract - this is legal and normal.