DDU - what is this? The contract of equity participation: conclusion. Nuances of DDU

The housing issue is as relevant as ever. Currently, Russians, as a rule, prefer to purchase housing in new buildings. The most popular option for buying real estate is the conclusion at various stages of construction of the DDU. What is this agreement? What nuances the buyer should know?

Shared construction is ...

Shared construction is called a special form of investment. In its framework, the construction firm is engaged in raising the funds of citizens or organizations that are required for the construction of real estate. Citizens who invest in housing under construction take a direct part in the shared construction. The developer company concludes the DDU with them. What is it? The abbreviation stands for the equity contract.

Thus, the process of erecting a property is as follows:

• The construction firm rents or purchases a land plot for the construction of the facility.
• The developer concludes with the citizens of the DDU.
• Each participant of shared construction pays in the process of erecting the value of its share.
• When the object is put into operation, the citizens who have concluded the DDU become owners of the dwelling.

The participants

Participants in shared construction are:

• Developer. This is an entity that has the right to use or own a land plot and a building permit. It can have any organizational and legal form. The main objectives of the developer - the attraction of capital, construction of real estate.
• Co-investors. This is a citizen who decided to invest his own money in construction. Sometimes a legal entity can act as a shareholder.

Regulation of legal relations

Relations between participants in shared construction are regulated at the level of federal legislation. According to the law on DDU (214 FZ), a contract concluded between an investor citizen and a developer should contain:

• The subject of the agreement, which is determined in accordance with the existing project declaration and after the completion of construction will pass into the ownership of the interest-holder.
• The cost of the object.
• Payment order.
• The period during which the object will be built and handed over to equity holders.

It is important to note that this law defines a rather strict framework for the completion of construction. In particular, according to 214 FZ of the DDU, the contract can be terminated at the initiative of the shareholder, if the construction time is not met. Interest holders are entitled to receive reliable and complete information about the construction process.

Construction object

According to 214 FZ, the DDU should contain information about the construction site. The objects can be both residential and non-residential premises of houses. They also include common property (lofts, cellars, staircases).

Register of the DDU

All DDUs must undergo the mandatory registration procedure at Rosreestr. Prisoners are considered to be the contract that went through this instance. At the same time, the DDU can be concluded for those objects for which a building permit was issued no earlier than April 1, 2005.

The law also defines the stages of registration of the DDU:

• Collection of necessary documentation, payment of state fee.
• Submission of documents for registration in the territorial office of Rosreestr. There, the DDU participant is given a receipt containing the date of acceptance of the documents with their list, contact information, name and signature of the Rosreestr employee.
• Issue of a registered contract.

The period of registration of the DDU for the first shareholder can not exceed 18 days, and for subsequent - 5 days. When you receive a registered DDU, you will need a passport holder and a receipt.

Cost

DDU - an agreement in which the price of the property should be indicated, as well as the procedure for paying the amount. The developer is responsible for determining the cost. Payment under the contract should be made only after the registration of the DDU. Often, interest holders are granted payment by installments. The cost can be changed. The reason for this can be the change in the area of the property on the basis of measurement. Usually the minimum possible deviations are prescribed in the contract.

It is important to note that the price should be indicated in the contract in rubles (along with kopecks). When the currency of another country is applied, a fixed rate is indicated. Before the registration of the DDU, some developers insist on making a certain amount, such actions are considered illegal. The developer in this case can be fined up to a million rubles.

Documentation

If an apartment is purchased according to the DDU, the package of documents presented by the interest-holder will be as follows:

• DDU along with add-ons and applications.
• Statement from the construction company on the registration of the DDU.
• Statement from the shareholder on the registration of the contract.
• Passport of the shareholder (for personal delivery).
• Notarized power of attorney (when submitting documents through a representative).
• Notarized consent from the spouse for the acquisition of real estate.
• The pledge agreement (if loan funds are involved).
• Brief description of the constructed object.
• Receipt for payment of state duty.

If the applicant is a minor, documents for him are filed by guardians. In this case, it is necessary to submit papers confirming guardianship.

From the builder you need:

• Project declaration;
• Building permit;
• Contract of insurance or surety.

How to check?

Registration of this document is handled by Rosreestr. ДДУ, according to the current legislative norms, are subject to compulsory registration. They should not contain items that in one way or another infringe upon the rights of equity holders. When buying an apartment in a newly built house, you need to check the documentation for the plot of land. In the clause on the type of participation, the type of structure (multi-apartment building or high-rise building, low-rise building) should be indicated . Other wording should not be, otherwise such actions are regarded as fraudulent.

To make sure that the DDU was actually registered, it is necessary to carefully read it when receiving it. It should be marked with a mark. You can also get an extract from the Unified State Register.

Assignment

Has DDU pitfalls, like any contract. This especially applies to the assignment of rights. Assignment can be made if the interest holder has fully paid the developer money under the contract and wants to sell the object. In most cases, the cost of such housing is higher. Assignment is also called the cession agreement. You can issue it several times before putting the house into operation.

Buyers should pay attention that they are offered to purchase not only real estate, but also obligations under the DDU. Therefore, prior to purchase, it is necessary to familiarize yourself with the technical and project documentation. It is also desirable to verify the validity of the contract itself.

Termination of DDU

In certain circumstances, it is possible to dissolve the DDU. What is this procedure and what is its essence? The reason for termination can only be the failure to fulfill the obligations under the contract by the developer or participant. The cancellation initiative can come from both sides. Conditions for termination unilaterally may be as follows:

• The participant delayed payment for more than 2 months.
• The constructed object has significant drawbacks.
• The developer delayed the surrender of the house for more than 2 months.

Also, an equity investor has the right to sue a court if the construction organization has arbitrarily made changes to the project documentation or to the terms of the contract.

What you need to consider

So, like any contract, has many nuances and DDU. Podvodnye stones can be found at every stage of his imprisonment. Here are the main points to look at:

• Information about the construction organization in the DDU must be complete (address, name, authorized persons) and coincide with the data in the design and permits.
• If registration is carried out by a representative of the developer, he must have documentation on the delegation of these rights.
• The DDU must contain a detailed description of the facility and the deadline for delivery.
• A warranty period (5 years in the case of residential premises) should be signed.
• The DDO should reflect information about the area of the apartment, the terms of payment in cases of its change.
• It is not allowed to have items in the contract that indicate an unauthorized change by the developer of the documentation.
• The contract is valid until the parties fully fulfill their obligations.
• Terms of commissioning should be accurate.
• The list of force majeure circumstances prescribed in the DDU can not be large. The following formulations are allowed: war, terrorist act, natural disasters.
• The erected object is not considered to be qualitatively constructed, if it is not put into operation. This point should be described in the contract.
• The cost of housing should be indicated per 1 square meter in Russian or other, foreign currency with a fixed rate.
• The obligations of a real estate agent can be considered fulfilled from the moment of depositing funds into the bank to the accounts of the developer.
• The procedure for termination of the contract, the amount of penalties, should be described.
• The DDU must contain the terms and conditions of reimbursement of the shareholder's expenses if there are significant object deficiencies.
• Under the contract, the developer has the right to use the means of a real estate agent only for the erection of the property.
• There should be no clauses on the conclusion of contracts with third organizations (for example, with a management company).

The most common way to purchase housing in recent years is the DDU. What is it? This is an agreement on equity participation in construction. It must be concluded with the company-builder. This document has many pitfalls. However, the procedure for its conclusion is described in detail in the Federal Law, which received the number 214. Therefore, in order to avoid unpleasant situations in the future, one should pay close attention to the procedure for its conclusion. In no case should he infringe on the rights of the real estate investor in one way or another. Otherwise, one's rights can be protected through a court. But if the buyer has some doubts or he does not understand the current legislative norms, he can always turn to the help of a lawyer.