Buying an apartment is a responsible step. To avoid fraud, carefully check the documents of the developer.

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In fact, there are not many documents

Buying a home on the primary market allows you to purchase a new apartment in modern home at a relatively affordable price. The apartment has many advantages, and the main one is that it is new. No one has lived in it before you, and you can arrange everything in it according to your own taste - layout, decoration, interior, without altering what is left of the previous owners. In new houses - new infrastructure and engineering networks. In addition, the purchase of an apartment under the shared construction scheme on initial stage saves significant money.

However, sometimes all these arguments in favor of acquiring apartments from a developer are broken down by the history of deceived equity holders and unfinished long-term construction. And although there are quite a few unsuccessful projects relative to the total volume of construction in St. Petersburg, they sometimes scare away potential buyers. Meanwhile, the risk of investing in a new building can be minimized if you choose the right one.

Right to information

First of all, you need to collect and study all available information about the company on the Internet. The web is full of real estate articles, expert testimonials and customer reviews. Going through the analytics and forums of equity holders, you can make a preliminary opinion about the developer. If a company has shown itself poorly in previous projects, this will not go unnoticed - equity holders will definitely bring an unscrupulous developer to clean water.

Gathering information on the Internet allows you to weed out scammers, but does not provide complete knowledge about the reliability of the developer. Accurate information can only be obtained by examining the documents. Any construction is a mountain of papers, critical or secondary, so you need to know exactly which documents are of the greatest interest to the future equity holder. When visiting the office, require that you provide the originals or their copies certified by a notary. Photocopies and scans printed from a computer are not suitable, as they are easy to fake.

If you do not have deep legal knowledge, it would be better to invite a professional - a realtor or a lawyer dealing with new buildings and equity construction. They will take away required documents and check them for authenticity, compliance with the law and the interests of equity holders.

Do not be afraid that the office will deny you access to important papers. The rights of a potential buyer are enshrined in articles 19, 20, 21, so you need to act calmly and confidently, with the consciousness of your own rightness. The developer, guided by the letter of the law, must submit documents to you without delay, as this is also in his interests. An open policy towards a potential client should set the parties in a trusting way.

If they still refused to show you the documents, then this is a reason for caution in relation to this developer, although, perhaps, the situation does not reflect the policy of the company as a whole, but the incompetence of a particular manager.

Documents required for review

So, what papers will help to make sure of the reliability of the developer and his absolute trustworthiness? Here is a list of documents that give really important information about the developer himself and about the construction project for which everything was started:

• constituent documents of the developer company;
• license and permission to conduct construction;
• project declaration;
• documents for land - a certificate of ownership or a lease agreement;
• documents on the financial condition of the company.

Checking constituent documents

Look Required documents you can without leaving home

The package of constituent documents includes:

• company charter;
• OGRN certificate (main state registration number);
• Certificate of Unified State Register of Legal Entities (on entering into a unified State Register legal entities);
• TIN certificate.

First of all, you should be interested in the coincidence of the actual and legal addresses of the company, the names of the founders and co-owners, the distribution of votes between them when making decisions.

Be sure to find out what projects the company has carried out in recent years, their addresses and commissioning dates. If some information does not match the data published on the developer's website, this should alert the potential buyer.

License check

When studying a license, pay attention to the main details - the type and number of the document, by whom and when it was issued. The most important thing is to make sure that the license has not expired.

The building permit must indicate that it was issued for the object you are interested in. It happens that the developer simultaneously builds several houses, and receives permission for only one of them. Here, too, you need to pay attention to the validity of the document. An outdated resolution has no effect.

Acquaintance with the project declaration

The project declaration is the "passport" of the project. It is placed in the public domain a couple of weeks before the announcement of the start of sales, and everyone can familiarize themselves with the document by going to the official website. The declaration contains information about the future project, and most importantly - the conclusion of the State Expertise, confirming the compliance of the project with technical regulations and building codes.

In addition to the address of the object and indication of the stages and terms of construction, it contains information on the number of apartments and their technical characteristics, on the composition of the common property and the purpose non-residential premises. From the declaration you can find out about the expected timing of entry finished house in operation, construction costs, contractors and much more.

It would be useful to ask how the information contained in the declaration corresponds to the project documentation.

Study of title documents for land

Get into all the details

The status of the site on which the house is being built is also of great importance. It is not uncommon for a finished house to be put into operation for years due to problems with title documents for the land. The law defines two types of documents giving the right to legal construction:

• certificate of ownership;
• long-term land lease agreement.

In the latter case, it is important to make sure that the company has time to build and put the house into operation before the lease expires. Here it is necessary to take into account the fact that the actual completion date of construction rarely coincides with the previously planned one. Usually, construction is carried out for a year and a half longer than initially expected, but there are also longer delays. Officially, an object begins to be considered a long-term construction if the house is not commissioned within three years from the date of the planned completion of the project. Therefore, it is so important for the tenant to have a good margin of time.

It is also important to double-check the details of the site - area, address and cadastral number.

Checking the financial position of the developer

If all the documents are in order, then you can conduct a small audit of the company to find out how well its financial affairs are. A firm that stands firmly on its feet is more likely to successfully complete a project. After analyzing the accounting documentation and annual reports for recent years, we can conclude how efficiently the company works.

This difficult and troublesome work takes a lot of time and sometimes requires the cost of paying for the services of a specialist. But a thorough approach to such a serious issue as the choice of a developer makes it possible to feel calm and confident in anticipation of a housewarming party.

It is known that gullibility can be dangerous. But there are still many gullible citizens who continue to become victims of scammers because of their inattention. We will tell you what documents the developer should check before buying an apartment in a building under construction.

Deciding 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 that builds the house you like has not proven itself from the best side, dissatisfied equity holders have probably already published a lot of negative reviews and there is other information that will make you wait with the purchase.

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

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

• enter the name of the builder 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 a house under construction. Learn all the material to the maximum, not limited 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 building plot was obtained, whether there is a building permit and other important facts;
• visit the website of the Arbitration Court at the place of registration of the developer (you have already found information about it on the company's website). In the "Card file of arbitration cases" section, in the "participant in the case" field, enter the full name of the developer company. So you can find out with whom, when, for what reason and for what amounts, the construction company was litigating. If a developer is found to have several hundred million in debt awarded, it is recommended to look elsewhere. On the website of the Arbitration Court, you can also check the list of possible bankrupt companies;
• it is useful to study the resource https://egrul.nalog.ru. Refer to sections:

1. messages of legal entities published in the journal Vestnik state registration» — on making decisions on liquidation, reorganization, reduction authorized capital, the 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 law Russian Federation;
2. information published in the State Registration Bulletin about the decisions taken by the registration authorities on the forthcoming exclusion of inactive legal entities from the Unified State Register of Legal Entities;
3. a list of legal entities whose executive bodies include disqualified persons.

Look also at the resources of local authorities and the department of state registration, cadastre and cartography. Here you can find information on whose land construction is being carried out and what the composition of documents will depend on.

What to check when buying an apartment from a developer?

The collection of information on the Internet cannot be limited. The construction of a multi-storey residential building involves 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 are listed below.

They cannot refuse access to documents in the office of the developer company! The rights of a potential buyer are enshrined in articles 19, 20 and 21 federal law No. 214-FZ. When communicating with a representative of the developer 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 contributes to building confidence in the client.
If the manager refuses to show the documents, this is a reason to beware!

The list of documents that should be checked with the developer:

• state registration certificate legal entity. If the developer company was established before July 1, 2002, then it must have a certificate of entry of registration information into the Unified State Register of Legal Entities;
• an extract from the Unified State Register of Legal Entities (EGRLE), which must be verified with the project declaration and ensure that the list of founders is correct. The prescription 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", which indicate the terms and scope of the powers of the head;
• building permit - it must be issued specifically for the object of interest to you. It happens that a construction company is building several houses at the same time, and permission has been obtained for only one of them. Pay attention to the validity period of the permit: an outdated document is not valid;
• an investment contract signed with the owner of the plot where the house will be located. It should define the investor, the customer, the timing and volume of construction, the size of the share of the city (municipal formation or region). In case of violation of the terms of the contract by the investor, his share may decrease or pass to the customer;
• attachments referred to in the Investment Contract: agreements, orders, payment schedules, apartment layout plans, resolutions and other additional documentation;
• license - pay special attention to the main details: the 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 land plot. Familiarize yourself with the plan, boundaries, cadastral number and address of the site. The data must match those specified in the project declaration. If you find that the contract is overdue, then this most likely indicates a violation of the deadline for the delivery of the object;
• a draft contract that the developer proposes to sign. It should be only It is not recommended to conclude any other type of document: an investment, loan or preliminary agreement. These transactions are considered conditionally illegal, and behind them may be the lack of a building permit, unwillingness to register and other pitfalls;
• passport of the person with whom you sign the contract. Check passport data with a power of attorney or an extract from the Unified State Register of Legal Entities;
• it is also desirable to request a protocol on the appointment of the head construction company, as well as an order on his appointment to the position of General Director;
• if the contract is not signed by himself CEO, and his deputy or sales manager, then such a person must have a power of attorney for the right to sign the contract and conclude the transaction. A copy of such power of attorney must be attached to the contract.

Near the territory on which the house is being built, there may be a cultural monument or a natural monument, which the developer is obliged to preserve. The company must have security obligations for the conservation of such a monument, fixed in the regulations signed with the authorized organization. In accordance with this regulation, the developer builds his object. For causing damage to an object cultural heritage liability is imposed on the developer - 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 get information about which banks the developer is accredited with.

Buying a new property is a difficult and time-consuming process. In order for the invested money and efforts not to be in vain, the choice of the developer must be approached thoroughly. If you do not have enough time to study all important information better to consult a specialist!

Auditing company "System BK"

During the audit following the results of 2002, one of our clients had the following question:

Is a special permit required - a license for the Investor Enterprise, if it actually performs the function of the Customer:

1) conducts construction work on account /3 "Construction of fixed assets";

2) forms the inventory cost of construction on the basis of a certificate of cost of work (KS-3) and the Act about accepting work freeform), where the Company is indicated as the Customer.

Situation: In the Company during 2002, work was carried out in accordance with the contract for overhaul with device attic floor and elevator shaft The parties to the agreement are:

· LLC "X" - Customer-Investor;

· Ltd. "Y" - Technical customer;

· Z LLC - Contractor.

In accordance with clause 1.1. contracts. The customer-investor instructs, and the contractor takes over the general contract for major repairs with the installation of an attic floor and an elevator shaft.

Clause 1.2. of the agreement, it is determined that the contractor undertakes to perform the work on its own and by the forces of the involved subcontractors in accordance with the design and estimate documentation approved by the Customer-Investor.

Contract No. ---. sets the following functions of the parties:

	Customer-Investor	Technical customer	Contractor
Duties of the parties	Transfer to the contractor within 5 days from the date of signing the contract together with the technical customer. Transfer together with the technical customer project documentation. Together with the technical customer, ensure the laying of external utilities and transfer to the contractor the executive documentation for external networks. Provide pre-installation inspection of equipment. Ensure a continuous mode of financing during the entire period of work.	Transfer to the Contractor after 2 months from the date of signing the contract the executive documentation. Carry out technical supervision.	Perform all construction works in the scope and terms stipulated by the contract and hand over the object to the Customer-investor. Provide: Production of works in full accordance with the projects, working drawings and SNIP; The quality of the work performed; Timely elimination of defects during the warranty period; Uninterrupted operation of systems and equipment; Notify the Technical Customer 5 days before the start of acceptance of the readiness of critical structures and hidden work, etc.
Control and supervision of the Customer-Investor and Technical customer	The Customer-Investor has the right to exercise control and supervision over the progress and quality of work performed, compliance with the deadlines for their implementation, the quality of materials used	The technical customer, on behalf of the Customer-investor, carries out technical Supervision and control over compliance by the contractor with the schedule of performance and quality of work, checks materials and equipment. The technical customer regularly checks every 10 days and confirms with his signature the entries in the work log (IGASN form).

In addition, the Company has entered into an agreement with LLC "Y" for the performance of the functions of the Technical Customer.

In accordance with clause 1.1. of this agreement, the Investor instructs, and the Technical Customer assumes the performance of the functions of the technical customer upon completion of the construction of buildings and structures.

The Technical Customer, on the basis of the right delegated to him by the Investor to perform the functions of a technical customer, performs:

· design, technological and construction engineering;

· intermediary work and organizational services related to the completion of major repairs and construction;

interaction with city authorities, supervising and controlling organizations on issues related to work at the facility;

Conducting technical supervision of the construction of the facility;

· to ensure the commissioning of the facility.

In the course of work in accordance with the contract for major repairs with the installation of an attic floor and an elevator shaft

The Company maintains accounting records of construction works on account /3 "Construction of fixed assets".

The formation of the inventory cost of construction is carried out on the basis of a certificate of the cost of work performed (KS-3) and the Work Acceptance Certificate (arbitrary form), where the Company is indicated as the Customer, LLC "Z" - as the Contractor, and there is no indication of LLC "Y".

Auditor's comment

The audit found that LLC "X" independently forms the inventory value of the construction object on the account "Investments in", i.e. performs the function of the Customer-Builder, requiring a special permit - a license.

Legal and economic fundamentals investment activity are defined by the Federal Law "On investment activity in the Russian Federation, carried out in the form of capital investments" dated February 25, 1999 N 39-FZ (with amendments and additions dated January 2, 2000 N 22-FZ).

The subjects of investment activity carried out in the form of capital investments are investors, customers, contractors, users of capital investment objects and other persons.

Participants in investment activities performing licensed types of work must have appropriate licenses or certificates for the right to carry out such activities.

Subjects of investment activity have the right to combine the functions of two or more entities, unless otherwise provided by an agreement concluded between them.

In particular, investors can be customers, as well as users of capital investment objects. General contractors can combine the functions of customers or investors.

Relations between the subjects of investment activity are carried out on the basis of an agreement and (or) a state contract concluded between them in accordance with the Civil Code of the Russian Federation.

Sales contract investment project is the main legal instrument regulating production, economic and other relations between the subjects of investment activity and is concluded between the investor and the customer - the developer.

According to Law N 39-FZ, investors independently determine the volumes and directions of capital investments, conclude agreements with other subjects of investment activities in accordance with the Civil Code of the Russian Federation, and control the intended use of funds allocated for capital investments. Investors have the right to own, use and dispose of capital investment objects and the results of their implementation.

Customers - developers specializing in organizing the construction of facilities, on the basis of an agreement with the investor, dispose of the investor's funds transferred to finance the construction of facilities.

To ensure the organization of construction and control over the progress of its implementation, the customer - the developer:

· issues initial data for the development of design and estimate documentation;

· places an order for the development of this documentation and approves it in the prescribed manner;

· concludes construction contracts for the implementation of the entire complex of construction, installation and commissioning works;

· carries out, in accordance with the terms of the contract, the full or partial supply of materials and equipment;

· performs all the necessary work on the preparation of the construction site, supervises compliance with the rules and regulations in the production of construction and installation works;

· accepts completed works and prepares the facility for transfer to operation.

The functions of the customer-developer also include accounting for capital expenditures incurred during construction, the correct determination and reflection in accounting of the inventory value of objects put into operation.

In accordance with the current procedure for licensing construction activities, customers - developers must have a state license to perform the functions of a customer.

The customer - the developer, within the framework of an agreement for the implementation of an investment project, concludes agreements with other participants in this project:

· with design and survey organizations - contracts for construction design;

· with contracting construction and installation organizations - contracts for the construction of the facility;

· with organizations - suppliers and intermediary organizations - contracts for the supply, purchase and sale of equipment for construction.

Treaty building contract is concluded between the contractor (general contractor) and the customer - the developer.

At the same time, the parties to the agreement proceed from Chapter 37 of the Civil Code of the Russian Federation, the Guidelines for Drafting Construction Contracts in the Russian Federation (Letter of the Ministry of Architecture, Construction and Housing and Communal Services of Russia dated 10.06.1992 N BF-558/15, agreed with the Ministry of Economy and the Ministry of Finance Russia).

Under the terms of the contract, the contractor undertakes to build the facility in accordance with the customer's assignment and the approved design and estimate documentation on its own or with the involvement of subcontractors within the established time frame.

It guarantees the quality of construction and installation works performed in accordance with the requirements of technical documentation and current building codes and regulations during the warranty period of operation established by the terms of the contract. Together with the customer - the developer, the contractor (general contractor) prepares all the as-built documentation necessary to formalize the commissioning of the facility.

In accordance with the current procedure for licensing construction activities, the contractor (general contractor) must have a state license to perform certain types of construction and installation work, as well as to perform the functions of a general contractor.

In addition, according to Article 17 of the Federal Law of 08.08.2001. No. 128-FZ “On Licensing Certain Inputs of Activities” is subject to licensing activities for the construction of buildings and structures of I and II levels of responsibility.

Regulations on licensing activities for the construction of buildings and structures of I and II levels of responsibility in accordance with state standard, approved by the Decree of the Government of the Russian Federation of March 21, 2002 No. No. 174, it is determined that the activities for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard include the performance of construction and installation works, including general construction, finishing, sanitary, special and installation works, as well as the performance of works on repair of buildings and structures, commissioning and functions of the customer - developer.

Obtain a license to carry out the activities of the customer-developer.

Buying an apartment in the primary market has a lot of advantages. Among them, the price of real estate, layout, readiness of the premises for finishing and much more. But the joy of a housewarming party and most importantly, its terms directly depend on the professionalism and reliability of the developer. Many people are afraid to invest in primary housing, remembering the examples of well-known long-term construction and defrauded real estate investors. However, the problems of individual construction companies should not bury your dream of building an apartment. The main thing is to choose a developer wisely.

To do this, it is useful to study all available information about the developer in open sources. Publications of analytical publications and real estate websites, reviews of realtors and, of course, forums of equity holders. On the Internet, not a single unscrupulous company will be able to maintain the appearance of a good reputation - affected customers will definitely bring fraudsters to clean water.

Collecting the opinions of Internet users and experts is a preliminary filter that should convince you that the developer can be dealt with. After that comes main stage checks - study of documentation.

Actions:

Action 1

Determine the required list of documents

The construction process is accompanied by a huge amount of documentation. To confuse a meticulous client, an unscrupulous developer can provide dozens of minor papers for review, but at the same time hide the most important ones. Therefore, you need to know exactly what to request. The future shareholder should be interested in both information about the developer and data on the construction project.

Make a list of required documents in advance:

1. 1 The constituent documents of the developer
2. 2 Developer license
3. 3 Building permit
4. 4 Design documentation for the facility
5. 5 Land title documents
6. 6 Financial documents

Action 2

Clarify your rights

Before you come to the developer's office, you must be sure of your rights and communicate with company representatives calmly but firmly. The client has the right to request the necessary documents on the basis of Art. 19, Art. 20, art. 21, Federal Law of December 30, 2004 N 214-FZ "On Participation in shared construction apartment buildings and other objects." In a controversial situation, you can safely refer to this normative act.

Ideally, the developer should, without unnecessary red tape, provide all the requested papers for review - it is in his interests to show reliability at the very first stages of interaction with the client. But in reality, they may refuse you - this should immediately alert a potential buyer. However, before you permanently leave the office of the construction company, check the authority of the employee who refused to provide documents. Perhaps the point is not the malice of the developer, but the incompetence of an individual manager.

Ask for originals or notarized copies of documents. Scanned versions or photocopies may be counterfeit.

When analyzing documents, it is better to take the help of a professional. Invite a competent lawyer or realtor who deals with new buildings. Such a specialist can be found on any reputable real estate website. For example, use the service "Realtors on duty" on the GdeEtoDom.RU website.

Action 3

Checking constituent documents

The first step in checking the developer is to get acquainted with the constituent documents of the company. These include:

1. 1 Company charter
2. 2 Certificate of entry into the Unified State Register of Legal Entities (EGRLE)
3. 3 OGRN certificate
4. 4 TIN certificate

Check the correctness of information about the company name, its actual and legal address. Specify the data on the founders and co-owners of the legal entity - not only the full name, but also the percentage of votes of each of these people in the company's management bodies.

Request information on construction projects in which the company has been involved in the last three years. You must provide information about the address of these properties and the actual timing of their commissioning.

Do not forget to check the documents and powers of attorney, on the basis of which the representative of the company negotiates with you and offers to conclude an agreement.

This is a basic list and is not exhaustive. If necessary, officials have the right to request additional documents. For example, in the case of privatization of housing, in order to obtain a technical passport, you will additionally need:

If any data seems suspicious to you or contradicts the information that is published on the official website of the company, this is an occasion to take a break and double-check everything.

Action 4

Checking the builder's license

If you have no doubts about the constituent documents, you can study the developer's license and building permit. You should pay attention to the type of license and number, as well as to clarify by which authority it was issued. But the main thing that should worry you is the validity period of the developer's license. It is imperative to see the original document and make sure that it is still valid.

It is important to request a building permit to make sure for which object it was issued. Sometimes developers are running several projects in parallel, although they have drawn up documents for only one. It is also important to clarify the period for which the permit was issued - it may turn out that it has long been outdated.

Action 5

Get acquainted with the project declaration

The project declaration is the main document of your future home. The developer is obliged to place it in the public domain for review by all potential investors. The most important part of the declaration is the conclusion of the State Construction Expertise. It must confirm that the project complies with all established standards and technical regulations. All information that the company will provide you with about future construction must be carefully checked for compliance with project documentation.

The design declaration must include:

1. 1 The purpose of the construction project, its stages and terms
2. 2 Building and land permit
3. 3 Property address
4. 4 Number of apartments in an apartment building and their technical characteristics
5. 5 The composition of the common property that will be transferred to the common fractional ownership all residents of the house
6. 6 Functional purpose of non-residential premises that are not included in common shared ownership
7. 7 Estimated date of commissioning of the house and government agency who will issue the appropriate permission
8. 8 Financial risks of the project and measures to insure them
9. 9 Planned construction cost
10. 10 List of contractors for the main construction and installation works
11. 11 The method of ensuring the fulfillment of the obligations of the developer under the contract
12. 12 Information about other investment funds for building a house

Action 6

Checking land title documents

The land under the house should be of interest to the future shareholder no less than the walls and communications. If something is wrong with the title documents for the site, finished building may not be operational for years.

A developer can legally work on the basis of two types of documents. This is a certificate of ownership of the land, or a long-term lease agreement for a plot. In the first case, you must carefully compare the data in the certificate with the constituent documents of the company. The second is to make sure that the lease does not expire until the house is completed and put into operation.

Please note that estimated and actual construction completion dates always differ. The house is officially considered long-term construction, only when the delay exceeds three years. Therefore, the lease of the site should be with a margin.

Studying title documents, pay attention to their details. If we are talking about a lease, specify the information about the owner of the land. But the most important parameters that you should check are the address of the site, the cadastral number and the area.

Action 7

We check the financial documents of the developer

You can start analyzing the financial condition of the developer after all other documents have satisfied you. However, this step is far from the last one. The stable position of the company is one of the main guarantees that the house will be built with high quality and on time.

A potential shareholder has every right to feel like an auditor. Analyze financial condition developer can be based on the approved annual reports and accounting documentation for the previous three calendar periods. If the company is on the market quite recently, require information for the entire actual period of activity. Data on the distribution of profits and losses will confirm the efficiency and reliability of the developer more eloquently than any words.

Checking the documents of a construction company is a difficult, troublesome and responsible task. It will require a lot of your time and attention, and possibly the cost of the services of a realtor or lawyer. However, this is exactly the case when the miser pays twice. Do not save your strength and money - negligence in this matter can result in much greater losses if the developer turns out to be a fraudster. A competent approach and careful study of the papers will allow you to sleep peacefully and confidently prepare for the future housewarming.

The developer attracted a technical customer (who has a license), but contracts with various contractors directly. Should he be licensed or not?

Answer

Yes, it should.
Activities for the construction of buildings and structures include the performance of the functions of a customer-developer (clause 1 of the Regulation on licensing activities for the construction of buildings and structures ... approved by Government Decree No. 174 of March 21, 2002). This means that the performance of these functions also requires a license, since construction activities are subject to licensing*.
The specified Regulation does not decipher what exactly is considered the functions of the customer-developer. But in judicial practice it is recognized that these are the obligations that arise from the customer when concluding a work contract and which can affect the safety of the work performed. These, in particular, include: creating the necessary conditions for the contractor to perform work, submitting technical documentation, as well as exercising control and supervision over the performance of construction work (definition Supreme Court RF dated December 25, 2003 No. KAS03-603).
Therefore, when concluding a contract directly with the developer, he becomes the customer and performs a number of functions that fall under the activities of the customer-developer. The technical customer performs only the function of monitoring and supervising the performance of work. And his involvement does not release the developer, performing other functions of the customer, from the obligation to obtain a license.
However, it should be noted that, in practice, the regulatory authorities of individual regions do not, as a rule, make claims against developers who have concluded contracts with a technical customer who has a license regarding the absence of a license from such developers.

* Since January 1, 2009, licenses have not been issued, and previously obtained licenses are valid until January 1, 2010.