DDU is a popular contract that is drawn up between the developer and the construction participants. According to it, all buyers of apartments are protected from fraud or bankruptcy of a construction company on the basis of the provisions of the Federal Law No. 214. The documentation acquires legal force only after official registration. The registration deadline for DDU in Rosreestr is set at the federal level, so this procedure does not exceed 18 days. You can use this in different ways of submitting documents, and registration can be carried out by direct equity holders or by the developer.
Nuances of compiling DDU
If a person decides to buy an apartment in a house under construction, then most often developers are selected for this, offering to draw up a share agreement. In this case, equity holders can be confident in the return of their funds or in obtaining real estate even in the event of various unforeseen circumstances. The features of signing such an agreement include:
- registration of the share agreement in Rosreestr is certainly required, and the procedure can be carried out by the direct developer;
- registration is a paid process, but the size of the fee is significantly different for different shareholders, depending on their status;
- Before signing the agreement, you should make sure that it contains all the necessary information provided by the address of the purchased property, the floor on which the apartment is located, as well as the preliminary number and area;
- the general director of the construction company must sign this agreement;
- preliminary it is recommended to contact representatives of the local administration of the region in order to obtain information about the availability of permission to build a house.
Any home buyer should take a responsible approach to the purchase procedure, and this especially applies to the situation when an object is purchased at the construction stage.
Registration Concept
Transactions concluded with direct developers are considered to be in demand on the market. They allow you to purchase real estate at really affordable and optimal prices. But the contract signed with the director of the company will be legal and legally significant only after registering the DDU in Rosreestr. The term of such registration does not exceed 18 days. The procedure is performed immediately after signing the contract.
For registration, some reasons are taken into account:
- since information about the DDU is recorded in the USRN, the protection of the buyer’s rights is ensured, since in this case all disagreements arising between equity holders and the developer are resolved on the basis of the provisions of Federal Law No. 214;
- if disputes arise for various reasons, they are resolved in court, for which the buyer must have an agreement on which there is a note from the employee of Rosreestr;
- as soon as the house is put into operation, it is only with a well-registered DDU that you can draw up an extract from the USRN confirming that the real estate owner is an equity holder;
- solely with the help of a registered contract, it is possible to return funds previously transferred to the developer, if it turns out that the company is engaged in illegal activities or is declared insolvent.
Therefore, it is important to contact the Rosreestr in time for registration. The process is usually carried out by the direct developer, but it can also be carried out independently by the shareholder. If registration of the DDU agreement in Rosreestr will be carried out within the prescribed time, this indicates that the organization’s specialists carefully checked the design and permits of the developer, so you don’t have to worry about illegally concluding a deal.
Payment under the contract is paid only after its registration. Only in this case, the interest holder can protect himself from various fraudulent schemes implemented by unscrupulous construction companies.
How is the procedure performed?
Each person who decides to purchase an apartment in a house under construction must figure out how to register the DDU in Rosreestr. Terms, state duty and other process conditions are established at the legislative level. Registration involves the following steps:
- initially an agreement is concluded with the developer;
- if a company representative insists that a fee be paid before the registration of this contract, then it is not allowed to agree to such conditions, since there is a possibility that the buyer will be deceived;
- an application for registration is being prepared;
- a direct DDU and a receipt for the payment of a duty shall be attached to it;
- documentation can be transferred directly to the Federal Registration Service or the MFC;
- after checking the documents in the USRN the necessary changes are made.
After completing this process, any citizen can check whether his DDU is actually registered. To do this, you can contact Rosreestr directly or get information on the website of this institution. The registration deadline for DDU in Rosreestr can be specified directly with the employee of the organization. It does not exceed 18 days.
Who can perform the procedure?
Registration of an agreement may be carried out by different persons. These include:
- representative of the construction company represented by the developer;
- direct shareholder who is the buyer of an apartment in a house under construction;
- the authorized representative of the buyer or developer, who must have a notarized power of attorney.
If you use the help of a proxy, you will have to prepare for certain expenses, since notarization of a power of attorney is a paid process, which costs about 2 thousand rubles.
What documents are needed?
The full list of documents for registering DDU in Rosreestr is presented by the following papers:
- permits for the construction of an apartment building obtained from the local administration of the region, the fire inspectorate and other state authorities;
- constituent documentation of a construction organization;
- a document confirming the registration of the developer as a legal entity;
- project declaration created specifically for a specific apartment building;
- payment documents confirming that the citizen made a contribution to pay for participation in the construction of the house;
- application for registration;
- power of attorney, if the process is performed by a representative of the company or equity holder;
- applicant's passport;
- if the co-owner of the property is a minor, then his birth certificate is required;
- if a bank’s borrowed funds are used to purchase a home in a house under construction, a mortgage loan agreement is required;
- if the buyer is married, the written consent of the spouse is drawn up to complete the transaction.
Since the process requires a lot of documentation, which is available only to the developer, it is the representative of this organization who is most often involved in registration activities.
Where can I go?
The process can be carried out in different organizations, and the term for registering DDU in Rosreestr depends on the choice of a particular institution. Documentation may be transferred to the following organizations:
- personal visit to the department of Rosreestr;
- transfer of documents through an intermediary provided by the MFC;
- electronic registration, but for this it is important to have a digital signature;
- through Sberbank, if you used mortgages to buy an apartment, but the procedure is paid and expensive.
Additionally, you can contact various organizations offering paid intermediary services.
Duration of registration of DDU in Rosreestr with mortgage or without it
Documentation by Rosreestr employees is considered from 7 to 18 days. During this time, all the papers held by the developer, as well as documents received from the shareholder, are examined.
In the presence of controversial issues or unforeseen situations, the consideration period may increase. The registration deadline for DDU can reach even 30 days for good reason. If you apply to the MFC, the procedure is delayed by approximately 5 days due to the involvement of an intermediary.
The registration deadline for the DDU in Rosreestr in Moscow is the same as the registration period established in other cities of the country.
Process cost
To register the documentation, a fee must be paid in advance. She is:
- for individuals, the fee is 350 rubles .;
- if the process is carried out by the company, the duty increases to 6 thousand rubles;
- if electronic registration is carried out, you will have to prepare for the purchase of an electronic digital signature, the cost of which is in the range of 5 thousand rubles.
If there is no payment documentation, then registration will not be completed.
How to check?
Checking the status of registration of DDU in Rosreestr can be performed in different ways. These include:
- appeal with the corresponding request to the MFC;
- a visit to the department of Rosreestr with an available copy of the contract, on which there is a note from the employee of the institution;
- use of the Rosreestr website.
If the official website of Rosreestr is used to obtain data, then you can get information quickly and free of charge.
Conclusion
When buying a home in a house under construction, it is concluded with the builder of the DDU. This agreement is subject to mandatory state registration. The process can be performed at Rosreestr or MFC. The applicant may be a developer or shareholder.
The terms and amount of the fee are established at the legislative level. You can check the result of the filing of documents on the Rosreestr website or with a personal appeal to the organization’s employees.