Buying a new apartment is a serious and responsible step. Before you buy housing in a house under construction, you need to weigh everything well and think it over. Sale of premises involves the conclusion of a DDU (214-FZ). What to look for when signing this document? This will be discussed in our article.
The first lines of the contract
Before binding yourself to a specific construction company, you should carefully study the DDU (214-FZ). What to look for from the start? 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. More detailed information will not interfere - the date and place of registration of the developer, the data of the certificate of incorporation of the enterprise in the USRU, etc.
The contract must be concluded on behalf of the developer, indicated in the project declaration, building permit and lease or sale of land for the construction of the object. At the same time, the CEO can act on behalf of the enterprise. It is his signature that should be in the document. If the contract is signed by another manager, then unforeseen difficulties may arise during litigation. Another employee has the opportunity to represent the interests of the company only by proxy, and it should be attached to the DDU.
What will the conversation be about?
The subject of the contract must be indicated clearly, without the possibility of discrepancies. Share participation in the construction of a residential building involves obtaining a specific property in a predetermined period. This is what needs to be documented. Any other issues - participation in investment activities, co-financing of construction, assignment of the right to demand premises after the facility is put into operation - have nothing to do with the subject of DDU. Law 214-FZ explicitly indicates this. Moreover, it does not matter whether the agreement on participation in shared construction is written in the title of the document or not.
Detailed description is the key to success
Law 214- on participation in shared construction prescribes that the DDU must contain all possible characteristics of the facility. It must contain the construction address of the house, the cadastral number of the land plot, the estimated number of the apartment, the floor on which it is located. In addition, the clause on financial guarantees that the developer provides to its customers is mandatory.
The document must also spell out the warranty period for real estate and its engineering services. As a rule, a guarantee for a dwelling continues for 5 years, for its equipment - 3 years. The builder cannot reduce the liability period for the transferred object by legal means.
Question about the cost of the apartment
The share agreement must contain an accurate technical description of 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 have traditionally tried to include in the DDU the clause that if, according to the results of measurements of the BTI, the living space is less than that specified in the contract, the shareholder is obliged to pay for the additional space or the developer will return part of the money for unfinished square meters. Sometimes a document indicates that no matter what the end result, no one owes anything to anyone.
Experienced lawyers recall that Law 214-FZ does not prohibit the inclusion of a price revision clause in a contract. However, in accordance with the law on consumer rights, the buyer has the right to demand from the builder money for the missing area, while the construction company cannot get anything for the extra square meters. In judicial practice, this issue is considered in different ways.
Detailed "portrait" of the apartment
When entering into an equity agreement, it is best for the buyer to pay particular attention to the details. For example, the developer must include in the DDU a detailed technical description of the property. The document spells out in detail all the attributes - window blocks, entrance and interior doors, floor screed, wall and ceiling finishes, etc. If the dwelling is transferred with a fine finish, then everything should be indicated in the contract, even the class of wallpaper on the walls. In 214-FZ, it is not explicitly said about participation in shared construction, but you will not present oral obligations of the developer in court. Therefore, be vigilant and demand that the DDU have a full technical description of the apartment.
Sometimes a construction company seeks to introduce a clause on the right to amend the project declaration, layout and engineering characteristics of an object without agreement with the shareholder. However, from the point of view of the law, this is unacceptable: the buyer must receive complete information about the purchased product.
When to wait for fulfillment of obligations?
The deadlines for the fulfillment of all stated obligations in the DDU (214-FZ) must be clearly stated. What to look for when studying this section of the contract? First of all, it must indicate the validity period of the document itself. Moreover, it should follow from the wording that it is valid until the parties fulfill all obligations.
In addition, the DDU must indicate the date of transfer of the apartment to the customer. The construction company often stipulates not a specific time period, but a quarter in which it plans to transfer the keys to the dwelling to the real estate investor. This is not considered a violation of the law, but it does give the client some inconvenience. The fact is that the protection of his interests in case of violation of the deadlines is clearly stated 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 date of 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 present their claims to the developer.
Moreover, the construction company is actively looking for an opportunity to circumvent 214-FZ. Forfeit for failure to meet deadlines can be a heavy burden on the shoulders of the developer, so he always tries to hedge himself. For example, it includes a condition in the contract according to which it is liable only in the event of its own fault or unreasonably expands the list of circumstances of force majeure. Therefore, be careful! Traditionally, force majeure involves terrorist attacks, military operations or natural disasters. Amendments to the legislation, adverse weather conditions and inaction of counterparties do not apply to it.
Quality is another pitfall of DDU
214- on participation in shared construction prescribes that if there are any imperfections in the apartment, the company is obliged to eliminate them within a reasonable time or to pay the appropriate compensation to the customers.
Some developers are trying to foresee possible misunderstandings and include in the DDU the clause that the permission to put into operation is equivalent to confirming the conformity of the project documentation object. Thus, the developer is trying to minimize his responsibility for the poor quality of housing. The possibility of a claim on the part of the owner does not exclude this clause anyway, but it 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 to look for in this matter? Firstly, the value of the property must be clearly stated in the contract. It is better if it is indicated in rubles. Unfortunately, the price per square meter is often determined in arbitrary units, and without fixing a specific rate in the document. This significantly worsens the terms of the contract.
Secondly, in the DDU (a sample can be found in any legal office, one we provide 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, for example. And you 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 the funds are credited to the account of the construction company. As a result, equity holders are at great risk. After all, money is transferred through the bank within a few days, and all this time the buyer is in limbo. The solution to this problem is quite simple - a clause should be included in the equity agreement that obligations to developers are considered fulfilled at the time of depositing funds to the bank.
Who bears the associated costs?
It is important to clarify the question of which party will pay the costs of registering the property in the Office of Rosreestr. In addition, it should be decided at what point the buyer should pay utility bills.
Often, developers try to include in the DDU a clause where the customer pays the bills for water and light from the moment the apartment is put into operation. However, the transfer of the apartment under the act can take place only after a few months. It turns out that, having not yet settled in a new apartment, the owner will have to pay for the "communal". There is nothing fair in this, therefore, we urge you to carefully study this clause of the contract.
How to terminate DDU?
Equity participation involves not only the conclusion of an agreement, but also a possible waiver of obligations to the developer. If this happens on the initiative of the customer, then he must pay a penalty. At the time of signing the contract, pay attention to its size. Usually it varies between 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 about possible financial losses during the termination of the contract and pay attention to the size of the penalty - this will help you save money.
In conclusion, I would like to note that the shareholder does not have to insist that all the clauses of the contract be detailed. During the trial, the law on consumer protection, which fully protects the interests of individuals, will be taken into account.