The contract of equity participation (DDU) 214-FZ: what to pay attention to? The federal law "On participation in shared construction of apartment buildings"

Buying a new apartment is a serious and responsible step. Before you buy a house in a newly built house, you need to weigh everything well and think it over. The sale of a dwelling premise involves the conclusion of a DDU (214-FZ). What should I look for when signing this document? This will be discussed in our article.

First lines of the contract

Before you commit yourself to obligations with a particular construction company, you should carefully study the DDU (214-FZ). What to look for from the very beginning? First of all, it is necessary to establish who is registered in the document as a developer. The full name of the construction company must be indicated in the text. Do not interfere and more detailed information - the date and place of registration of the developer, the evidence of the certificate of entering the enterprise in the Unified State Register, and so on.

The contract must be concluded on behalf of the developer specified in the project declaration, building permit and lease agreement or purchase and sale of a land plot for the construction of the facility. At the same time, on behalf of the enterprise, the general director can act. It is his signature should be in the document. If the contract is signed by another manager, unforseen difficulties may arise during litigation. Another employee has the opportunity to represent the interests of the company only by proxy, and it must be attached to the DDU.

What will the conversation go on?

The subject of the contract should be indicated clearly, without the possibility of discrepancies. A share in the construction of an apartment house involves obtaining a specific property in a predetermined period. It is necessary to fix this in the document. Any other issues - participation in investment activities, joint financing of construction, assignment of the right to claim premises after the facility is put into operation, - have nothing to do with the subject of the DDU. Law 214-FZ directly indicates this. And it does not matter, it is written in the title of the document "contract of participation in shared construction" or not.

A detailed description is the key to success

Law 214-FZ on participation in shared construction prescribes that the DDU must contain all possible characteristics of the facility. It should contain the building address of the house, cadastral number of the land plot, the proposed apartment number, the floor on which it is located. In addition, the item on financial guarantees that the developer provides to its customers is mandatory.

The document should also be written guarantee period for real estate and its engineering services. As a rule, the guarantee for a dwelling premise lasts for 5 years, on its equipment - 3 years. The developer can not reduce the period of responsibility for the transferred object legally.

The question of the cost of an apartment

The equity contract should contain an accurate technical description of the future housing. It should indicate the area of the apartment, the size of the balcony, loggia or terrace, taking into account the reduction factor. Construction companies traditionally try to include in the DDU the point that if, based on the results of measurements of the BTI, the area of the dwelling will be less than the one specified in the contract, then the shareholder is obliged to pay extra for the additional area or the developer will return part of the money for the unfinished square meters. Sometimes the document states that no matter what the final result, no one should do anything to anyone.

Experienced lawyers recall that the law of 214-FZ does not prohibit the inclusion in the contract of the item on price revision. However, in accordance with the law on the right of the consumer, the buyer has the right to demand from the developer for the missing area, whereas the construction company can not receive anything for the extra square meters. In judicial practice, this issue is treated differently.

Detailed "portrait" of the apartment

Concluding an agreement of equity participation, it is better for the buyer to pay special attention to the details. For example, the developer must include in the DDU a detailed technical description of the property. The document details all the attributes - window blocks, entrance and interior doors, floor screed, wall and ceiling finishing, etc. If the living accommodation is transferred with a finishing finish, then the contract must state everything, even the wall-paper wallpaper class. In 214-FZ on participation in shared construction, this is not explicitly stated, but the verbal obligations of the developer in court will not be presented. Therefore, be vigilant and require that the DDU had a complete technical description of the apartment.

Sometimes a construction company seeks to enter into the agreement an item on the right to make changes to the project declaration, layout and engineering characteristics of the facility without agreement with the interest-holder. However, from the legal point of view, this is unacceptable: the buyer must receive full information about the purchased product.

When to wait for the fulfillment of obligations?

The deadlines for the fulfillment of all declared obligations in the DDU (214-FZ) should be clearly stated. What should I look for when studying this section of the treaty? First of all, it must specify the validity period of the document itself. And the wording should follow that it is valid until the parties fulfill all obligations.

In addition, the DDO must indicate the date of the transfer of the apartment to the customer. The construction company often stipulates not a specific period, but the quarter in which it plans to transfer the keys to the dwelling to the interest-holders. This is not considered a violation of the law, but it gives the client some inconvenience. The fact is that the protection of his interests in case of violation of deadlines is clearly spelled out in 214-FZ. The summary of the legislative act includes a very important point - the customer can terminate the contract only two months after the expiration date of the transfer of the object specified in it. This means that the consumer will have to wait for the end of the quarter, and then another 2 months to show their claims to the developer.

And the construction company is actively looking for an opportunity to bypass the 214-FZ. Penalty for the failure of terms can be a heavy burden on the shoulders of the developer, so he always tries to hedge. For example, includes in the contract a condition under which it is financially liable only in case of its own fault or unreasonably expands the list of circumstances of invincible force. So be careful! Traditionally, force majeure involves terrorist attacks, military actions or natural disasters. The introduction of changes in legislation, adverse weather conditions and inaction of counterparties does not apply to it.

Quality is another DDU underwater

214-FZ on participation in shared construction prescribes that in the event of any shortcomings in the apartment, the company must eliminate them within a reasonable time or pay the customers appropriate compensation.

Some developers are trying to foresee possible misunderstandings and include a point in the DDU that the permit for commissioning is equated with the confirmation of the conformity of the project documentation object. Thus, the developer tries to minimize his responsibility for poor quality of housing. The possibility of claim from the owner of the item still does not exclude, but can cause problems during the trial.

How to save your money?

The monetary side of the transaction is the most important point of the DDU (214-FZ). What should I look for in this issue? First, the contract should clearly state the value of real estate. It is better if it is indicated in rubles. Unfortunately, the price per square meter is often determined in conventional units, without fixing a particular course in the document. This greatly worsens the terms of the contract.

Secondly, in the DDU (a sample can be found in any legal office, the one we will give below), it should be stipulated in what terms and at what expense the payment will be made. It can be your own savings or a mortgage loan, for example. And we should carefully study the moment, according to which the obligations of the customer under the contract will be considered fulfilled. Developers insist that this happens after crediting funds to the account of the construction company. As a result, the interest-holder is at great risk. After all, the transfer of money through the bank occurs within a few days, and all this time the buyer is in limbo. The solution to this problem is quite simple - in the equity agreement it is necessary to include the clause that obligations to developers are considered fulfilled at the time of making money to the bank.

Who bears the associated costs?

It is important to clarify the question of which party will pay for the registration of the property in the Office of Rosreestr. In addition, it is necessary to determine at what point the buyer must pay utility bills.

Often, developers try to include in the DDU the point at which the customer pays the bills for water and light from the moment the house is put into operation. However, the transfer of an apartment under the act may take place only after a few months. It turns out that, not yet settled in a new apartment, the owner will have to pay for the "communal". There is nothing fair in this, so we urge you to carefully study this clause of the treaty.

How to terminate the DDU?

Equity participation implies not only the conclusion of a contract, but also a possible waiver of obligations to the developer. If this happens at the initiative of the customer, then he must pay a penalty. At the time of signing the contract, it is worth paying attention to its size. Usually it varies within 1-15 percent of the value of the property. The strict penalties for participants in shared construction in this case are not specified in 214-FZ. The summary of the legislative act suggests that this issue is left to the discretion of the parties. Remember the possible financial losses when canceling the contract and pay attention to the size of the penalty - this will help you to save.

In conclusion, I would like to note that the interest-holder does not need to insist that all clauses of the contract are detailed. During the trial, the consumer protection law will be taken into account, which fully protects the interests of individuals.