home · electrical safety · What is the difference between buying an apartment in a new building under the DDU, housing cooperative and gray schemes? Buying an apartment: DDU or housing cooperative, which contract option to choose Advantages of purchasing apartments under DDU

What is the difference between buying an apartment in a new building under the DDU, housing cooperative and gray schemes? Buying an apartment: DDU or housing cooperative, which contract option to choose Advantages of purchasing apartments under DDU

The safest scheme for purchasing apartments in new buildings is signing a DDU, or equity participation agreement. The norm, which is regulated by Federal Law No. 214, protects the buyer from double sales and gives a better chance of getting a profitable mortgage. However, you can buy an apartment in Moscow using DDU only in 60% of new buildings. What sales schemes do other developers use? And why do they choose them?

In addition to the equity participation agreement, two more schemes for selling apartments are considered legal: joining a housing construction cooperative (HBC) and purchasing a housing certificate. The choice of a particular scheme by the developer is determined by the circumstances. Important: you can enter into a contractual agreement with co-investors when the work is already underway and there is a construction permit. The funds of the shareholders are directed to a specific object, permitting documents guarantee that the construction is legal and that the project has passed all approvals and examinations. But issuing a building permit is a complex and often delayed process, so many companies prefer to open housing sales without yet receiving the document. In addition, the DDU to some extent “ties the hands” of development companies, and this situation is not suitable for everyone.

In addition, each equity participation agreement must be registered with Rosreestr. And this procedure also takes time. As a result, the shareholder’s money gets stuck on the way to the developer, who is forced to look for other sources of construction financing. Therefore, companies resort to other sales schemes. Let's talk briefly about the advantages and disadvantages of each of them.

DDU: the developer’s liability is regulated

DDU is a scheme that best protects the rights of the buyer. Sales by DDU confirm that the project has been approved by all authorities. If the developer fails to complete the task, the shareholder can terminate the contract and claim a refund and a penalty.

pros: mandatory state registration. Guaranteed protection against double sales. Opportunity to take out a profitable mortgage (banks regard new buildings with sales under DDU as low-risk objects and are willing to lend to them).

Minuses: You cannot apply for installment plans for the period after completion of construction. DDU does not guarantee that the project will be completed. Such an agreement does not protect against violation of construction deadlines.

Housing cooperative: more freedom - less guarantees

Another legitimate scheme for the sale of apartments, provided for by 214-FZ. About 5-6% of new buildings in Moscow and the Moscow region are sold through housing cooperatives. The scheme is popular with large developers (PIK Group, Vedis Group) and has proven its viability in the real estate market.

pros: The register of shareholders protects against double sales. Possibility of long-term installments (even after putting the house into operation). The ability to influence the progress of construction (for example, to complete a house on your own in the event of bankruptcy of the developer).

Minuses: the agreement is not subject to state registration. Ownership is registered only after full payment of the share. Compliance with construction deadlines is not monitored. The developer cannot be held liable in case of violation of agreements.

Certificates: almost never used

The developer issues securities (certificates), the denomination of each of which corresponds to the price of the apartment. The developer undertakes to transfer the apartment to the certificate holder later.

pros: The developer must register the title to the land and obtain a building permit. The state controls the activities of the developer as a participant in the financial market.

Minuses: in general, it is inconvenient for both the developer and the buyer, so the scheme is used extremely rarely.

Gray schemes for selling housing

They are used along with legal sales mechanisms. The most popular is the conclusion of a preliminary purchase and sale agreement. This in itself is not a violation of the law, but it has nothing to do with legitimate real estate sales schemes. The rights of the buyer in this situation are not protected at all, since the preliminary agreement only records the intentions of both parties, but does not oblige them to carry out what is planned. That is, such an agreement does not oblige the developer to transfer the housing into ownership of the buyer. In this case, the equity holder transfers to the developer an amount that is considered a “security payment”. The shareholder has neither the right to claim the apartment nor the opportunity to prove the fact of investment if the developer does not transfer the property. In case of unfinished construction, the buyer will only be able to return the security deposit.

Neither the preliminary purchase and sale agreement (PDPA) nor the so-called preliminary DDU actually have anything to do with 214-FZ and are not registered with the Registration Chamber. And at the same time, no one can stop an unscrupulous developer from selling one apartment several times.

Realtors' opinion

Real estate agencies prefer to sell those new buildings that are sold under 214-FZ. The optimal option for Moscow realtors is the DDU, because this scheme is transparent, understandable to the buyer and clearly regulated by law. It is the easiest for agencies to work with. Also among the favorites are sales through housing cooperatives. Although in the case of cooperatives, developers themselves become sales organizers and most often sell apartments on their own, without the involvement of real estate agencies.

But the realtors themselves clarify that in the end, when deciding whether to work with a developer or not, not only the scheme for selling apartments is important, but also the agency’s margin, the portfolio of projects for sale, and exclusive rights to sell.

Publication date October 28, 2013

Thinking about improving their living conditions, many turn their attention not to secondary housing, but to new buildings. But an obstacle for many is the price of housing in new buildings, which can be several times higher than the cost of an apartment in an old building. Purchasing real estate by concluding a contract or joining a housing construction cooperative allows people to significantly reduce their costs. We’ll talk further about the pros and cons of these options and what is better to choose.

The concepts of an agreement of shared participation in construction and a housing construction cooperative

When choosing a method of purchasing a home, many people ask the following questions:
“What to choose - housing cooperative or preschool building?”
“At what point will they benefit financially?”
“Will they be protected from the actions or inactions of unscrupulous developers?”

In accordance with the Federal Law “On apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation” agreement on shared participation in construction is an agreement between the developer and the participant in shared construction, within the framework of which the developer undertakes to put into operation an apartment building within a specified period of time and transfer to the construction participant a predetermined real estate object (apartment), the construction participant, in turn, undertakes to make payment in accordance with the terms of the agreement.

Housing and construction cooperative is a voluntary association of citizens who united for the purpose of pooling their capital for the construction of a residential building. Such an association, in accordance with Art. 50 of the Civil Code of the Russian Federation, are non-profit organizations, that is, legal entities.

Thus, in the first case, the relationship develops between an individual shareholder and the developer, and in the second, between people united by a common goal and the developer.

Differences between a housing construction cooperative and an agreement on shared participation in construction

When deciding which agreement to conclude, it is necessary to pay attention to their significant differences.

  1. The moment of conclusion. Agreement on shared participation in construction, in accordance with Art. 4 of the Federal Law “On participation in shared construction” is considered concluded from the moment of its state registration, in contrast, an agreement with a housing construction cooperative comes into force from the moment it is signed. State registration gives more guarantees to the buyer of real estate, since it eliminates the possibility of re-selling the residential premises. After state registration, the real estate object is strictly defined, which will be transferred to the shareholder who entered into the agreement.
  2. Cost of the purchased property. The cost of housing purchased under a housing construction cooperative agreement is usually lower than during shared construction, but it may change during construction due to additional costs of the developer that were not (or could not be) taken into account at the time of concluding the agreement. has a fixed amount, since the cost is calculated based on the area of ​​the purchased apartment and the cost of one square meter cannot be changed by the developer unilaterally under any circumstances. This indicates greater stability of the contract and the ability of construction participants to calculate their financial costs.
  3. Determination of construction deadlines and responsibility for violating them. The contract for shared participation in construction clearly defines the deadline for the delivery of the object; for violation of these deadlines, the developer is liable in accordance with Art. 395 of the Civil Code of the Russian Federation, Federal Law “On participation in shared construction” in the form of a penalty for each day of delay, as well as “On the protection of consumer rights”, which are expressed in the form of fines within the framework of this law, since construction participants are recognized as consumers. An agreement with a housing construction cooperative may not contain a clause defining the exact date for completion of construction. Even if such a clause is present, the legislation and judicial practice do not provide for the collection of such penalties as in shared construction. Thus, during shared construction, the developer will be more attentive to his responsibilities.
  4. Making payments under these agreements. The contract for shared participation in construction requires the participant to contribute funds throughout the entire period of construction of the house. When concluding an agreement, the payment schedule is drawn up in such a way that the end of payments coincides with the end of construction and commissioning of the house. Exceeding this period, that is, violating the payment schedule is a violation on the part of the shareholder, unless otherwise provided by the contract or an additional agreement to it. Unlike shared construction, a housing construction cooperative can provide a longer payment period, but interest will be charged on the amount in the amount stipulated by the contract. In addition, each shareholder also pays regular contributions for membership in the cooperative, which are not included in the price of the purchased housing. Thus, by reducing the monthly payment by increasing the payment term, the apartment buyer can end up spending a larger amount of money.
  5. Features of termination of the contract. In the event that the developer fails to comply with the terms of the contract, for example, delays in the delivery of the object, the participant in shared construction has the right to demand termination of the agreement for participation in shared construction and the return of not only the amount paid, but also all penalties, in accordance with the law. The housing construction cooperative does not give the shareholder such an opportunity; when leaving the cooperative, the shareholder can only demand the return of share payments to him, but the membership fees paid by each member of the cooperative are not refundable. It follows from this that termination of the contract for shared participation in construction allows you to receive additional monetary compensation, and leaving the cooperative in any case entails financial losses.

Should you look for a solution yourself or entrust the work to a lawyer?

It is better to entrust your real estate work to a lawyer or lawyer. Believe me, he knows the subtleties and nuances that will help you not only save time, but avoid critical mistakes. And you can find experienced lawyers from any city in Russia on YurProvodnik.

Simply by studying the differences in these legal relations, for many it will probably not be entirely clear for which aspects they choose one or another agreement. Next, let's look at the positive aspects of the agreements.

Positive aspects of a shared participation agreement in construction

  • Agreement on participation in shared construction can be concluded only after the developer has received all the necessary permits. Thus, before signing the contract, a potential construction participant has the opportunity to familiarize himself with the design documentation, examinations, and title documents for the land plot. This allows a person to be sure that the construction has been approved by regulatory authorities, and the house itself, according to the project, meets all specified state standards.
  • In addition, when deciding to purchase a home, a person, as a rule, has a certain amount of money and wants to immediately know how much the purchase will cost him. As stated above, the cost of real estate in this case will be determined based on its area. The contract for shared participation in construction does not allow the developer to make any changes to the cost of a meter of area. This is an undoubted advantage of the contract, since the construction participant sees his payment schedule calculated until the end of construction.
  • Agreement on shared participation in construction, in accordance with the law, may be terminated at the initiative of the shareholder if the developer violates its terms. This is one of its most positive features. If the construction organization fails to fulfill its obligations, it will have to pay back all funds received, compensate for losses incurred and pay penalties. The legislator tried to protect the interests of shareholders in this matter as much as possible.

Positive aspects of concluding an agreement with a housing construction cooperative

  • The main positive aspect of such an agreement is its financial side. The monthly payment in this case is significantly less than when concluding a share participation agreement in construction, since the shareholder can make payments after the house is put into operation. Thus, the positive side of the contract is the lower cost of the apartment.
  • In addition, members of the cooperative easier to control its activities than shareholders with shared participation in construction. As a member of a housing construction cooperative, the shareholder has the right to demand from him a report on the work done and funds spent.

Conclusions:

  1. Everyone chooses the method of purchasing real estate that suits them best, but a comparison shows that an agreement on shared participation in construction better protects the rights of shareholders and is therefore a more reliable way to purchase housing.
  2. You should choose a housing construction cooperative for this only for the purpose of saving money, but often such savings can be an unreasonable risk for shareholders.
  3. When choosing any method of purchasing real estate, you should not forget about the reputation of the developer, which has been developing over the years.

What are housing cooperatives and shared housing cooperatives? ZhSK is a housing construction cooperative, that is, an association of individuals or legal entities formed for the joint construction of apartment buildings.

The concept of a housing construction cooperative is defined in the Housing Code (Article 110). The Civil Code defines housing cooperatives as a non-profit organization whose purpose of existence is not related to making a profit.

In some cases legislation allows non-profit organizations to have commercial activities, however, this must be related to the purpose of their creation (Article 50 of the Civil Code of the Russian Federation).

This provision of law does not apply to housing cooperatives. In addition, the provisions of the Federal Law “On Non-Profit Organizations” cannot be applied to housing cooperatives.

Thus, the legal position of housing cooperatives looks strange - they are not non-profit organizations, but at the same time they are prohibited from engaging in commercial activities. This is something like a partnership that collects money, pays for construction, and then accepts the finished object.

Unlike housing cooperatives, DDU is not an organization, but a form of investment. The abbreviation stands for simply – equity participation agreement.

People simply invest their money in a residential building under construction in accordance with the cost of their apartment.

The agreement is concluded between the shareholder and the development company, that is, between a legal entity and an individual.

Reference. Legal relations between these persons are regulated in accordance with the provisions of Law N214-FZ, which is usually called “On participation in shared construction...”

And one more subtlety - when creating housing cooperatives and public housing cooperatives, such categories as developer and shareholder arise.

What is the fundamental difference?

How does one form of participation in housing construction differ from another? There are certainly differences. Not long ago, separate regulations are devoted to each of them.

It was said earlier that this is an official organization, a form of interaction between future residents and builders. DDU is the interaction of individuals (future residents) directly with developers.

This difference also affects contractual relations. Contracts for housing construction services and DDS have the following differences:

  1. The share participation agreement must be registered with the Federal Registration Service, similar to the real estate purchase and sale agreement. An agreement created in a housing construction cooperative does not need to be registered with the Federal Registration Service.
  2. In the share agreement, the cost of housing is immediately specified in specific amounts; after the house is put into operation, this cost does not change. When interacting with housing cooperatives, developers have the right to change the price of apartments depending on rising costs.
  3. Federal Law No. 214 clearly stipulates the time frame for completion of construction. The developer is financially responsible for violating the agreed terms. Construction based on relationships with housing cooperatives is not regulated by any deadlines, therefore the developer does not bear any responsibility for the timing of its activities.
  4. If the developer decides to abandon construction and the contract, then he is obliged to return all the money invested to the shareholders. But no one gives such guarantees to the members of the cooperative. The developer may return part of the money invested, or may not return anything at all. The contract scheme does not provide for such actions.
  5. have the right not to pay the entire amount at once.

    Shareholders do not have such rights. They are required to complete payment for their apartment by the construction completion date.

  6. Installment plans under a shared construction agreement do not affect the price of the apartment in any way. If construction is carried out under an agreement with a cooperative, then if paid in installments, the amount paid increases.
  7. A developer working under a shared construction agreement must send the entire range of permitting documentation to the Federal Tax Service before the start of the sale procedure. In the case of working with housing cooperatives, this is not necessary.

You can get acquainted with the fundamental differences between housing cooperatives and public housing cooperatives by watching the video:

Now you know the difference between housing cooperatives and preschool cooperatives.

Which agreement is preferable?

These types of apartment purchases are always associated with risks. There is no complete protection from problems in any type of contract.. For example, buyers-shareholders are insured against double sales, and buyers from a cooperative can move into an apartment that is already occupied by someone (recommendations on how to avoid risks when purchasing an apartment under a housing cooperative agreement are given in).

Finally, no one is immune from natural disasters, shocks in the building materials market, financial problems, and, finally, bankruptcy of the developer.

You need to choose the most beneficial contract option depending on the situation. However, the most the main thing in this choice is reliable information about the developer company.

Try to choose a company that has been on the housing market for a long time, has proven itself well, and most importantly, has built under contracts with shareholders and cooperative associations. A company that has avoided conflicts with its investors is worthy of you entering into an agreement with it.

If you don’t have enough money to start, you can join a cooperative, hoping that your financial affairs will improve during the construction of the house. If you have enough money for an initial share payment for cheap housing, then it is better to enter into a shared-share agreement.

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You can purchase an apartment by signing an agreement with the DDU or with a housing cooperative, the differences between which are regulated by laws No. 214, No. 215, approved at the federal level in 2004.

Ways to buy a home

An equity participation agreement (DPA) implies that the customer invests his own money and has the right to subsequently demand an apartment from the developer in the amount of paid square meters.

Concluding an agreement with a housing construction cooperative (HBC) is a more risky method, since the money contributed is a share payment for membership in this cooperative and does not guarantee the receipt of an apartment in it as a result of the completion of construction.

Agreements with housing cooperatives or public housing cooperatives have the only similarity - the desire of the citizens who signed them to obtain ownership of an apartment.

Characteristic features of contracts

A significant difference between an agreement with a housing cooperative and a DDU lies in the consequences that occur after its signing: joining a randomly selected cooperative increases the risk of a shareholder becoming a victim of a fraudulent scheme. These agreements differ in other ways:

Shareholder's agreement

Shareholder agreement

Regulated by Federal Law No. 214Regulated by Federal Law No. 215
Must be registered with the FS GRKKRegistration in the FS GRKK only after putting the house into operation
The cost per square meter does not changePossible increase in the cost of the apartment
Established start and end dates for constructionThe construction time frame is not clearly defined
Legal liability for failure to meet deadlines for delivery of a residential buildingThe law does not provide for punishment for violation of construction deadlines.
Purchasing an apartment in installments is possible only until the residential building is put into operationInstallment payments are provided by law for a period that does not depend on the stage of construction of a residential property

Important! The signing of additional agreements that do not comply with the terms of the main equity participation agreement is not mandatory. Before concluding an agreement with a housing cooperative, you should make sure that the developer has written down a clause that excludes the possibility of increasing the cost of 1 m2.

Features of equity and share construction

The pros and cons of purchasing housing as a shareholder or shareholder are as follows:

    Registration of an agreement with Rosreestr before the start of construction is a lengthy process, but excludes the possibility of selling one apartment into the hands of several shareholders. The presence of two or more owners is not uncommon when making a transaction through housing cooperatives.

    The final price per 1 m2 from the shareholder does not differ from the initial one, but exceeds the cost of an apartment of the same area owned by a member of the cooperative.

Having set a price for 1 m2, the developer does not have the right to change it under the terms of shared construction. A proposal on his part to sign an additional agreement, which provides for an increase in the price of 1 m2, may be rejected by the shareholder on legal grounds. Moreover, in such a situation, the person who signed the DDU has the right to demand termination of the main contract, return of funds already paid and payment of a penalty.

According to the terms of the agreement with the housing cooperative, its chairman can increase the price per 1 m2 at any stage of the construction of the house by agreement with the other members of the housing cooperative.

    Violation of the deadlines for putting the house into operation is financially unprofitable for the developer when signing the DDU, since this gives the shareholder the right to demand payment of a penalty for each day of delay. The law provides for only 2 months beyond the agreed period under the contract, during which the developer is obliged to resolve all legal issues and provide the owners with their apartments. Signing an additional agreement to extend the deadline for handing over the house is the right of the shareholder, and not his obligation.

In this matter, equity participation is better than joining a housing cooperative, since the agreement with the housing cooperative does not stipulate clear dates for the start and completion of the construction of the house. Accordingly, the developer also does not incur financial costs in the form of penalties.

    The difference between a shareholder and a shareholder also lies in the fact that good building cooperatives provide their members with installment plans, which do not depend on whether the house has been delivered or is under construction. The shareholder is limited in this right and is obliged to pay the entire amount upon completion of construction work.

    At the time of the start of construction of an apartment building according to the DDU, the project was approved and all permitting documentation was received. This is a guarantee that when the house is put into operation, the number of storeys and the presence/absence of extensions will correspond to the initially stated conditions.

What the cooperative house will be like is decided by its members by voting. However, if it is necessary to attract additional shareholders, the house may end up being one floor higher or one staircase larger than was originally agreed upon.

    The share agreement clearly defines the mandatory conditions for its termination and return of funds, which makes it difficult for the shareholder to terminate relations with the developer. When signing an agreement with a housing cooperative, other pitfalls arise: the resale of such property is burdensome, as it forces the new owner to join the cooperative.

Before receiving a certificate of ownership, a control measurement of the apartment must be carried out with the participation of a BTI employee. In the case of a shareholder, additional square meters must be paid by him without fail.

If you receive an apartment under a shared agreement, then if there are differences in the paid and received square meters, it is possible:

  • declare a refusal to obtain ownership rights to this housing with a further demand for payment of a penalty;
  • pay extra for extra square meters and also demand payment of a penalty;
  • point out to the developer the mistakes made during construction and demand that the cost of the apartment be reduced so that the difference in amounts is equal.

Before signing a contract for shared construction of a residential building, it is important that:

    the form contained all the information about the developer, which is better to check;

    the agreement was called solely “Equity Participation Agreement”;

    it stated the month and year of delivery of the object;

    the text of the document contained details characterizing the construction project: the number of floors, the area occupied by the building, the total and residential footage of the apartment;

    a clause was provided defining the developer’s warranty obligations;

    the amount of the agreement was indicated not only in numbers, but also in words.

Both the contract that is signed with the housing construction cooperative and the cooperative itself should be carefully studied. Important information is:

    its details, which will help you find out about other controlled objects, the results of the cooperative’s work and its participants directly;

    the number of objects that the chairman manages simultaneously: the more there are, the higher the risks;

    the cooperative is in a state of financial recovery or on the verge of bankruptcy;

    whether he has permission to carry out construction work on this territory;

    complete information about the land plot for construction;

    characteristics of the object: number of floors, square footage of the apartment;

    the amount of the monthly contribution for the maintenance of the cooperative;

    consequences for the shareholder if construction is not completed.

At any stage, a transition from a share agreement to a share agreement is possible, the main reason for which, in most cases, is the bankruptcy of the developer company. Leaving the cooperative and concluding a DDU for the same object is extremely rare.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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To sell apartments in new buildings, developers often use two legal schemes: drawing up an agreement (DDU) or selling through a housing construction cooperative (HBC). Let's talk in the article about what features and differences the housing cooperative and public housing cooperative agreements have.

With the help of an equity participation agreement, developers attract funds from citizens. The essence of the DDU is investing money in the construction of a specific apartment. The contract stipulates the area of ​​future housing, floor location, layout and cost.

The DDU participant is not considered a partner of the developer. The shareholder risks practically nothing and his interests are protected by law if the contract is drawn up legally.

A DDU is an agreement that is subject to registration. Government authorities check the legitimacy of the document, study the developer’s data and his reasons for concluding such agreements.

If for some reason the developer is unable to fulfill his obligations under the DDU and this leads to termination of the transaction, all invested funds are returned to the shareholder. In addition, he will additionally receive a penalty (1/150 of the refinancing rate).

What basic information does the contract contain?

  1. Characteristics, location and other data about the construction site and the subject of the contract. Thus, the footage of the future living space, the location of the apartment on the floor, as well as the qualities that it must meet at the time of handing over the keys to the shareholder must be specified.
  2. The specific date when construction of the facility will be completed. If the developer is late, penalties will be imposed on him.
  3. The cost of the subject of the contract. The DDU specifies the final price of the apartment, as well as the methods and period for making payments for it.
  4. Warranties for the facility and utilities.
  5. List of documentation on the basis of which the construction of the facility is carried out.
  6. Rights and obligations of the parties to the DDU.

It is very important to distinguish between the main contract and the preliminary one. According to the latter, the shareholder has practically no protection from the law, since the preliminary DDU is not registered with government agencies and is not regulated by the provisions of Federal Law No. 124.

What is a housing construction cooperative?

The second way to purchase housing in a new building is to join a housing construction cooperative and obtain the status of a shareholder. The housing cooperative agreement is not registered with government agencies.

Citizens unite in housing construction cooperatives to build a specific facility. It is believed that joining a housing cooperative is accompanied by greater risks than concluding a shared agreement with a construction company.

Participation in housing cooperatives is financially more profitable. Citizens can contribute their share from their own savings or from credit funds.

Shareholders make payments to the cooperative fund throughout the year, paying half the cost of housing. The remaining amount will need to be paid in installments. The term for payment of the full cost of the apartment is determined in the contract and can vary between 5-20 years.

According to the housing cooperative agreement, a citizen who has a share in the fund cannot dispose of an apartment in a new building at his own discretion until he pays the full amount for housing. The ownership of such an apartment is registered on the basis of a document received from the housing cooperative.

DDU or housing cooperative agreement: what to choose?

For many citizens, these two schemes are the only options for purchasing housing, since apartment prices are quite high these days. What to choose? Let's look at seven main differences between the DDU and housing cooperative agreements.

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  1. Registration procedure. The DDU has no legal force without passing the registration procedure with Rosreestr. Joining a housing cooperative, on the contrary, does not require registration, so the shareholder in this case is less protected by law.
  2. The final price of living space. The cost of an apartment according to the DDU is final and cannot be changed. In the case of housing cooperatives, it is possible that the price may increase due to additional expenses that may arise during the construction process.
  3. Setting deadlines. The DDU specifies specific dates when the facility will be completed and put into operation. In the documentation drawn up after joining the housing cooperative, specific dates are not indicated.
  4. "Transparency" of papers. All data about the construction company and the property when registering the DDU is absolutely open and anyone has access to it. In addition, the developer is obliged to attach permitting documentation and a technical plan to the contract. In the case of housing cooperatives, the construction organization does not have such an obligation. The shareholder may require documents, but there is no guarantee that he will see them.
  5. Termination of the deal. If the DDU is terminated, the shareholder is returned the entire amount paid by him and the penalty. When the contract with the housing cooperative is terminated, the shareholder can only count on part of the money paid.
  6. Installment terms. Under the DDU, the shareholder has the opportunity to pay the cost of the apartment without increasing factors. The housing cooperative, in turn, issues loans to shareholders for half the cost of housing at interest.
  7. Installment payment terms. When registering a DDU, the shareholder is obliged to pay the entire amount for the apartment by the date of completion of construction. Housing cooperatives have more convenient conditions - you can pay the cost of housing while already living in it.

As can be seen from these points, registration of a pre-employment contract is accompanied by fewer risks. However, the agreement may be suddenly terminated by government authorities if violations are discovered during the development process. Even despite this and the fact that the cost of the apartment must be paid by the date of completion of construction, DDUs account for about 55% of housing under construction.


By concluding an agreement with a housing cooperative, a shareholder can purchase an apartment at a lower cost, since the final price does not include 18% VAT. Moreover, the contract is concluded not until the completion of construction and commissioning of the house, but for a longer period (up to 20 years). Housing cooperatives are characterized by lower reliability, but significantly cheaper housing. This method of purchasing an apartment accounts for up to 35% of new buildings.

Let's look at the pros and cons of housing cooperatives and public housing cooperatives in a comparative table.

Participation agreement
  1. DDU is registered in Rosreestr.
  2. The cost of the apartment is fixed.
  3. The construction company pays high fines if deadlines are missed.
  4. The shareholder receives guarantees for the property and communications.
  1. The shareholder is obliged to pay the entire amount by the time construction is completed.
  2. The developer himself chooses the management company; the opinion of the shareholders is not taken into account.
Housing and construction cooperative
  1. Installment plan for up to 20 years.
  2. Housing is 18% cheaper.
  3. Management of the house is transferred to the housing cooperative.
  1. Possibility of fraud with “double” sale of apartments.
  2. The shareholder has no legal protection.
  3. The developer is not required to provide documentation.
  4. The cost of the apartment is not fixed.
  5. If the contract is terminated, the shareholder receives only part of the money back.

Each citizen determines the most convenient way to purchase an apartment for himself. We recommend that you consult with a lawyer before joining a housing cooperative or entering into a private partnership agreement.