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

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

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

There are also such methods of acquiring real estate as mutual funds, investment activities, and cooperatives.

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

Procedure for concluding an agreement

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

For a mortgage

When raising borrowed funds from a bank, secured by real estate collateral, formalizing relations with the developer will have the following features:

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

From the developer

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

In installments

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

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

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

Registration of property rights

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

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

If an agreement on the assignment of rights is concluded between two individuals, then you will have to visit Rosreestr.

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

Risk reduction

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

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

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

We check the reliability of the company. What documents must the developer have? Who should I contact for help?

Reading time: 9 minutes

Buying an apartment on the primary market has a lot of advantages. This includes cost, new communications, layout, and modern building materials. In the end, such real estate has no history, which is also a positive thing. The joy of a purchase can only be overshadowed by poor quality of work or delays in delivery of the house. In the “peak” case, construction can stall for a long time, or even forever. It is the fear of repeating the fate of defrauded shareholders that keeps many citizens from buying apartments in new buildings.

How to check the reliability of a company?

But caution, even justified, is not a reason to give up your dream. The main thing is the right approach to choice. The ideal investor is a reliable, responsible company with a good reputation and a solid production base, operating strictly within the framework of federal legislation.

On the forums you can learn a lot of useful information about the developer

To find such a developer, it is best to turn to open sources for help. Information can be gleaned from analytical articles and reviews, which are available in large quantities on the Internet. There are many sites on the Internet dedicated to real estate and forums for real estate investors that will help weed out unscrupulous and simply irresponsible developers.

If, after a preliminary filter, you have chosen an attractive property, you need to finally make sure that this developer is worthy of your trust. To do this, you need to carefully study the documentation relating to both the developer himself and the residential complex in which you plan to purchase an apartment.

What documents do you require from the developer?

Since any construction is burdened with a large number of papers, you need to immediately make a list that is of particular importance to the investor. A potential equity holder must have access to the following documents:

• constituent documentation;
• developer licenses;
• building permit;
• project documentation;
• title documents for the land plot;
• financial documents.

It is advisable to carry yourself with calm confidence in the office. According to Articles 19, 20 and 21 of the Federal Law, a potential shareholder has the right to request from the developer all the necessary documents (originals or certified copies). Theoretically, papers should be provided upon request, but in practice the opposite happens. If an office employee refuses to show the requested documents, this is a reason to say goodbye to the company forever.

If you do not have sufficient experience to work with papers, invite a specialist who deals with new buildings - a competent realtor or lawyer. He will study the documents and give them an expert assessment.

Constituent documents - so that everything is according to the law

The developer's constituent documents include:

• Company Charter;
• TIN certificate;
• OGRN certificate;
• Certificate of registration in the Unified State Register of Legal Entities.

Pay attention to the correct spelling of the company name and to the coincidence of its actual and legal addresses. It would be useful to inquire about the details of the founders and co-owners of the company, as well as the distribution of votes in the governing bodies. Information about the objects that the company has sold over the past three years and their addresses is very important. Be sure to find out how well the delivery dates of each residential complex corresponded to the planned ones.

If some information seems unreliable to you, or if there are differences between the data in the documents and on the official website of the developer, it is better to exercise caution and double-check the information again.

Developer's license and building permit - check the validity period

Every construction company must have a license, and new buildings must have a building permit

The developer's license is another document that a potential equity holder should study. It gives the company the right to carry out construction-related activities. First of all, you should check the data that is important to the buyer - the date of receipt, the type and number of the license, the authority that issued the document.

The first thing you need to make sure is that the license has not expired. Be sure to ask the office staff to show the original document. It is very important that the developer has a valid license, as it legitimizes the company’s activities.

The second important document is a construction permit. The company can simultaneously build several projects, so make sure that it is registered for the one in which you want to purchase housing. There are often cases when a developer prepares documents for one object and builds several residential complexes in parallel. In addition, check the date the permit was issued, as it may be expired.

What does it cost us to build a house?

If everything is in order with the construction permit and license, then you can proceed to study the project declaration. It contains all the information about the future home, so the importance of this document cannot be overestimated.

The developer must make the declaration publicly available so that all potential investors can review it. It undergoes the State Construction Expertise, which issues a conclusion on the document’s compliance with technical regulations and established standards adopted in the Russian Federation.

Information specified in the project declaration includes:

• purpose, timing and stages of construction;
• project address;
• permission for land and start of construction;
• number and technical characteristics of apartments;
• the composition of the property that will be transferred into the common possession of the residents of the house;
• functions and purpose of premises that will not be included in the shared ownership of residents;
• the expected time frame for putting the house into operation and the name of the organization responsible for this;
• financial risks and their insurance;
• estimated cost of the project;
• a list of contractors responsible for performing individual stages of work;
• information on additional investments in construction;
• the way in which the developer will fulfill its obligations.

Rent or ownership: we check land documents

It is important to know who owns the land

In addition to documents certifying the legitimacy of the company and its construction projects, the land plot on which the building is being erected is equally important. If the documents for the land are not in order, the finished house may wait for years to be put into operation, and along with it, the shareholders who are unlucky enough to contact a company that has not properly formalized land relations.

The developer may construct a residential building on a site that is under a long-term lease or is owned by the property. If a lease agreement has been concluded between the company and the land owner, you need to check whether it will expire before the planned completion of construction. If the developer owns the land on the basis of a certificate of ownership, then you need to make sure that the information in the constituent documents and the certificate completely matches.

Pay special attention to the details specified in the title documents, and above all, to the address and area of ​​the plot, its cadastral number. If the site is leased, it would not hurt to clarify the details of its owner.

It would be useful to recall that the expected and actual construction completion dates rarely coincide. The project becomes officially recognized as a long-term construction project if the commissioning date lags behind the planned one by three years. It is therefore important that the lease agreement provides sufficient time allowance.

Financial stability and its importance for doing business

The financial position of the company is the most important factor on which the quality and timing of construction largely depends. You can get an idea of ​​it based on the balance sheet and annual reports. If you do not have sufficient qualifications to figure this out yourself, hire a specialist - a lawyer or realtor.

When you start checking the state of affairs in the company to which you are going to entrust the construction of your home, do it with all possible care. Remember that your peace of mind and future well-being may depend on it.

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

Reading time: 8 minutes

In fact, there are not many documents

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

However, sometimes all these arguments in favor of purchasing apartments from the developer are broken by the history of deceived shareholders and unfinished long-term construction. And even though there are quite a few unsuccessful projects relative to the total volume of construction in St. Petersburg, they sometimes scare off potential buyers. Meanwhile, the risk of investing in a new building can be minimized if you choose wisely.

Right to information

First of all, you need to collect and study all available information about the company on the Internet. The World Wide Web is full of articles about real estate, expert revelations and customer reviews. By going through the analytics and forums of equity holders, you can form a preliminary opinion about the developer. If a company has performed poorly in previous projects, this will not go unnoticed - shareholders will definitely bring the unscrupulous developer to light.

Collecting 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 studying documents. Any construction involves mountains of papers, critically important or minor, so you need to know exactly which documents are of the greatest interest to the future shareholder. When visiting the office, request that you be provided with 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 with you - a realtor or lawyer who deals with issues of new buildings and shared construction. They will select the necessary documents and check them for authenticity, compliance with the law and the interests of shareholders.

There is no need to 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 knowledge that you are right. A developer, guided by the letter of the law, must present you with documents without delay, since this also corresponds to his interests. An open policy towards a potential client should set the parties up for trust.

If they still refuse to show you the documents, then this is a reason to be wary of 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 ensure the reliability of the developer and his absolute trustworthiness? Here is a list of documents that provide 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 permit for construction;
• project declaration;
• land documents – certificate of ownership or lease agreement;
• documents on the financial condition of the company.

Verification of constituent documents

You can view the necessary documents without leaving your home

The package of constituent documents includes:

• company charter;
• OGRN certificate (main state registration number);
• Certificate of Unified State Register of Legal Entities (on inclusion in the unified state register of 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, and 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 coincide with the data published on the developer’s website, this should alert a potential buyer.

License check

When studying the license, pay attention to the basic 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 property you are interested in. It happens that a developer builds several houses at the same time, but only receives permission for one of them. Here you also need to pay attention to the validity period of the document. An outdated permit is no longer valid.

Introduction to the project declaration

The project declaration is the “passport” of the project. It is posted in the public domain a couple of weeks before the start of sales is announced, and anyone 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 project’s compliance with technical regulations and construction standards.

It, in addition to the address of the object and indicating the stages and timing of construction, contains information about the number of apartments and their technical characteristics, the composition of the common property and the purpose of non-residential premises. From the declaration you can learn about the expected time frame for putting the finished house into operation, the cost of construction, contractors and much more.

It would be useful to ask how much 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. There are often cases when a finished house cannot 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 will have time to build and put the house into operation before the lease expires. Here you also need to take into account the fact that the actual completion date of construction rarely coincides with the previously planned one. Construction usually takes a year to a year and a half longer than initially expected, but there are also longer delays. Officially, a project begins to be considered long-term construction if the house is not completed within three years from the date of the planned completion of the project. This is why it is so important for a tenant to have a good supply 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 healthy its financial affairs are. A company that stands on its own feet has a better chance of successfully completing a project. After analyzing the accounting documents and annual reports for recent years, we can conclude how efficiently the company operates.

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 choosing a developer makes it possible to feel calm and confident in anticipation of a housewarming party.

In our country today there are a huge number of organizations that carry out construction activities. The main purpose of government bodies regulating the work of these companies is to create optimal conditions for the development of this industry. This can only be done if legislation does not slow down the work of developers. To this end, major changes were made to it, as a result of which the building license lost its original validity.

Therefore, the question of whether a license is needed for construction work is one of the most pressing today. It is not difficult to complete it; the most important thing is to collect the necessary package of documents, and then write an application to receive it.

general information

The activities of construction companies are fully regulated by the state, which, in case of poor quality work, can deprive the developer of a license to carry out construction activities. However, this approach also has many disadvantages, since it creates a large number of difficulties for business.

Therefore, the legislation was revised, and the issuance of licenses and quality control of work was transferred to the SRO. Thus, any construction company operating in Russia must purchase a construction license from the SRO and obtain permits for all types of work that it plans to perform.

License Definition

A license for construction work is a document granting the right to carry out construction and other types of work related to design. It spells out work rules that must be followed. If the developer commits any violations, then disciplinary action will be taken against him, and in case of regular violations, he may even lose his license.

Do I need to obtain a license?

According to the current legislation of the Russian Federation, a license to carry out construction work is required to be obtained by all developers and industrial companies whose activities are related to construction. In addition to the license, it is also necessary to obtain permits for the types of work that the company will perform.

However, there is a small exception. Organizations that are engaged can work without any permitting document. Similar measures were taken in order to reduce the burden on small and medium-sized businesses and create more comfortable conditions for them.

However, this does not mean that such companies should not follow the rules and monitor the quality of their work. Their activities are also regulated by SROs, which can apply disciplinary sanctions.

What types of activities are covered by a construction license?

Many people are interested in the question of what construction work requires a license. It is required to be obtained by those companies whose activities are related to the development of construction projects and technological documentation, the construction of buildings for various purposes, as well as engineering.

Today, SRO is responsible for issuing licenses and regulating the activities of developers. However, in order to obtain permits, the developer must first become a member. It is important to understand that, in addition to their main activities, insurance companies also carry out various types of work, which also require obtaining permission.

If any company whose activities are not commercial needs to obtain permission for construction or other work, then it is issued a limited license for construction and installation work.

Types of construction licenses

Today, licenses granting the right to engage in construction activities are divided into the following types:

1. Design - allows you to develop construction projects.
2. Construction - provides the right to engage in the construction of houses and structures.
3. Engineering - involves carrying out engineering research and developing new solutions.

Each type of permit requires the conduct of a certain type of activity, so when applying for a license you should take into account the direction of the company.

Which companies are subject to licensing?

Any company whose activities are in one way or another connected with the construction of residential and commercial buildings, as well as any other architectural structures, must have a license to carry out construction work.

The legislation defines quite a few types of construction activities, so before contacting the SRO to obtain documentation, it is recommended that you familiarize yourself with the information provided in the Classifier. However, it is worth noting that after changes were made to the legislation, the types of activities that require a license became much smaller than it was before 2010.

The process of obtaining a construction license

A license for construction work is issued in the following order:

1. Preparation of a package of necessary documents.
2. Submitting an application to the regulatory authority.
3. Checking by an expert commission of a construction company for compliance with the technical base, the level of qualifications of the working personnel, as well as the level of quality control with the established rules and requirements.
4. If everything is in order, the developer will be issued a license.

I would like to say that the commission’s decision when issuing a license is also influenced by feedback from clients of the company that applied for the documents. Therefore, regardless of whether you have a license or not, you must always do quality work.

During the assessment of the developer, third-party companies may be involved. This is necessary to ensure that the assessment is carried out independently and objectively. However, it is important to understand that the recommendations of third-party organizations are purely informative and therefore do not have a significant impact on the commission’s decision.

According to the law, the procedure for issuing a license for construction work should not exceed 60 days from the date the developer submits the application.

What documents will be required?

To obtain a license granting the right to carry out construction activities, you will need to prepare the following documents:

• application of the established form;
• photocopy of an identity document;
• photocopies of the company's Charter, certificate of state registration and TIN;
• receipt of payment of the license fee;
• a list of types of work that the company plans to engage in;
• documents confirming the qualifications of employees.

It is worth noting that the list of documents may differ depending on the type of activity that the company plans to engage in. In addition, all regulatory documents required by law are required.

Conclusion

A license for construction work is without which the activities of a construction company are impossible. However, getting it is only half the battle, since the SRO can always deprive it of an unscrupulous company for violations and poor quality work. Therefore, once you receive a license, always adhere to high standards and comply with the requirements put forward by the SRO.

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

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

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

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

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

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

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

What to check when buying an apartment from a developer?

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

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

List of documents that should be checked with the developer:

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

Near the territory on which the house is being built, there may be a cultural monument or natural monument, which the developer is obliged to preserve. The company must have security obligations for the preservation of such a monument, recorded in the regulations signed with the authorized organization. In accordance with these regulations, the developer builds his facility. For causing damage to a cultural heritage site, the developer is liable - financially or criminally (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 to the financial stability of the construction company - in particular, it is useful to obtain information about which banks the developer is accredited with.

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