Checking the financial stability of the developer. How to check the developer before buying an apartment - rules and instructions Reasons for checking the financial documents of the developer

We share simple verification methods that will help you choose a reliable developer

Photo: Nikolay Gyngazov / Russian Look

The financial collapse of one of the largest developers in the Moscow region, Urban Group, once again drew attention to the problem of long-term construction and defrauded shareholders. At the end of May the company is in its new buildings. While authorities are enacting new laws to protect citizens from problematic developers, you can try to reduce the risks yourself. Open databases, state registers and forums of shareholders will help with this.

We have collected 12 available ways to choose a reliable development company.

Unified register of developers

You can check the developer in the Unified Register of Developers, which has been operating since 2017. The portal contains a database of development companies engaged in housing construction using funds from equity holders. Here you can find information not only about professional housing construction investors, but also about the contractors they control, who directly own the land and raise funds from shareholders. Based on an analysis of the delivery time of completed projects, each developer receives from 0.5 to 5 rating points. The higher the value, the less likely it is to postpone the commissioning of the facility. If it is 0.5 points, the developer has already committed delays in the projects under his control. And this is a serious reason to think about it.

Construction supervisory authorities

Regional authorities compile and publish white or black lists of construction companies. Such registers contain data on the timely submission of reports by developers to local authorities. If the developer regularly violates delivery deadlines, you should pay attention. Most likely he has problems. Such lists and inspection results are published on the official websites of executive authorities for construction - for example, on the website of the Ministry of Construction Complex of the Moscow Region or on the Moskomstroyinvest portal in the capital.

Litigation

Information about trials, the presence or absence of bankruptcy cases, and economic disputes can be found in the file of arbitration courts. If the legal entity of the developer is often found in court proceedings as a defendant, it means that creditors or partners have claims against it. The presence of disputes with individuals can be tracked on the website of the district court, which is determined depending on the place of registration of the developer. As a rule, a requirement to collect funds for unfulfilled financial obligations indicates a lack of money in the developer’s business.

Bailiffs

A database of enforcement proceedings on the website of the Federal Bailiff Service will help you catch an unscrupulous developer. If the court obliges the legal entity of the developer to transfer any property to the plaintiffs, the bailiffs open enforcement proceedings - for example, to collect fines or penalties. Failures in property disputes of a construction company will inevitably lead to confiscation of property or funds.

To assess the degree of reliability of a developer, you can register on construction forums, study groups of shareholders on social networks and communicate with people who have already bought an apartment from the selected company. They can talk about conflict situations with the developer and discuss completed construction projects. In addition, it is social network users who are often the first to learn about alarming phenomena in a developer’s business. It would be a good idea to collect information about the developer’s other residential complexes, and a trip to the construction site will allow you to see with your own eyes how actively work is being done there.

Websites, newspapers and magazines

Media monitoring is another effective way of verification. The problems of construction companies are often covered in the pages of business publications. By entering the name of the developer you are interested in in the search bar, you can, in a couple of minutes, track the entire progress of the construction project of interest - from the history of the acquisition of a land plot to the change of management in the development company. From publications you can get an idea of ​​how often the developer delays delivery deadlines, whether he has declared himself bankrupt, or whether he has had unfinished projects in his practice.

Industry Experts

Up to 30% of working Moscow residents are in one way or another connected with construction or real estate operations. This is where the so-called “six handshakes” rule comes in handy. Perhaps one of your relatives or friends will be able to tell you about the business situation of this or that developer. It is very likely that such people will be found or will help you contact a competent specialist. However, such information should only be taken in conjunction with other sources.

First hand information

You can learn about business difficulties and the progress of project implementation directly from the developer - the company’s employees. Another channel for obtaining information can be employee reviews - as a rule, they are among the first to learn about any changes in the company. It is not difficult to find such reviews on social networks, forums and special websites. Some information is posted on the official website of the developer. In addition to historical information, project declarations and other documents, regular photo reports and online broadcasts from construction sites are often published there.

The Federal Tax Service

The Federal Tax Service resource allows you to check the presence of fiscal debts of a construction company and its right to carry out transactions. By indicating the TIN or OGRN number, here you can order an electronic statement of the developer’s legal entity and assess the prospects for its bankruptcy or reorganization. The site will help you get an idea of ​​the developer and make sure that his advertising corresponds to real facts.

Banks and insurers

The financial stability of the developer is evidenced by the presence of accreditation in large banks: is it possible to take out a mortgage, under what conditions, with what interest rate. Lists of accredited companies and facilities are available on bank websites. For a new building, the presence of three to five credit institutions is sufficient. In the early stages of development, accreditation may not be available. As a rule, banks join the project as construction readiness increases. Accreditation may also be denied to companies that have entered the construction market relatively recently. It is also important to pay attention to the insurance company cooperating with the developer. The register of companies that are allowed to insure civil liability of developers is published on the website of the Bank of Russia.

Documentation

The construction of a multi-storey residential building requires the developer to obtain a large number of documents. Before purchasing an apartment, you need to familiarize yourself with the constituent documentation (company charter, INN, Unified State Register of Legal Entities, OGRN), the current license, project documentation, title documents for the land plot, and building permits. Particular attention should be paid to the company’s financial documents, on which the quality and timing of construction largely depend. Data from annual reports and balance sheets will help you find out about the financial position of the company. In the absence of the necessary knowledge, it is better to entrust this task to professional lawyers and realtors. In accordance with Law No. 214-FZ “On participation in shared construction...” the company’s office cannot refuse to provide documents. In addition, the potential buyer has the right to make copies or photograph the necessary papers.

Participation agreement

It is equally important to carefully read the draft equity participation agreement. It must indicate the exact characteristics of the object, the deadline for its delivery, detailed information about the developer himself, the price of the contract, the payment procedure and the warranty period for the object. The document will be considered invalid if any of the required conditions are missing. Since the DDU is compiled in free form, the help of specialists will also come in handy here. Construction companies often add clauses to the contract that reduce their liability. For example, they are expanding the list of force majeure that do not depend on the actions of the perpetrator of the circumstances. Failure to meet delivery deadlines can be attributed to the slowness of suppliers or weather conditions. Such tricks are against the law.

10 tips: how to choose an apartment in a new building

Based on materials from Metrium (a member of the CBRE partner network)

When selecting an option on the primary market, it often happens that only the address of the facility under construction is known. This raises the question of how find out who the developer is, because working directly is much more profitable.

There are many options for solving this problem, let's take a closer look.

How to find out who the developer is when visiting the property address

How do you find out if you know the address and can visit the property in person? As a rule, a poster with a passport of the building under construction is placed next to the main entrance to the territory. On it you can find information about the developer and the property itself.

Also, often there are sales departments on the construction site, where you can find out not only information such as who is the developer of the house, but also study proposals, as well as conclude an agreement.

Another option is to simply talk to the workers at the construction site; they should know who the developer is.

How to find out a developer by address remotely

How to find out who the developer of the house is if it is not possible to personally visit the property? In such a situation, you can use various online services. Unfortunately, there is no open unified online database for Russia yet.

You can also call the architectural department of the municipality and find out who received permission to carry out construction work at the specified address.

In the case when the house has already been built, this information is available to the BTI (Bureau of Technical Inventory).

How to find out the reliability of the developer

To check a developer in Krasnodar, we recommend using our free service. White lists of construction companies are also published on this site.. This lists problematic properties in which you should not purchase real estate, as well as companies with which cooperation is recommended.

An indicator of a company's integrity is its publicity. The more famous a company is, the more it will worry about the integrity of its name. Such companies strive to maintain an honest and mutually beneficial partnership. But you shouldn’t give preference only to popular organizations. Lesser-known or new companies just need to be more careful and check the information they provide.

We must pay tribute to Russian legislation, which since January 2014 has obligated developers to insure liability to shareholders. Now all primary market buyers will be insured. In this regard, loyalty to small and new construction companies is gradually growing.

You can also check the reliability of the developer during a personal visit to the company’s office. Upon first request, they are obliged to provide you with a complete set of documents necessary to conduct business, licenses, certificates and permits. All you have to do is enlist the support of a competent lawyer and check the package provided. If you have no experience working with the primary market, do not skimp on the help of professionals.

Collect a penalty from the developer under the DDU Wait to receive an apartment?

1. Compliance with the legal definition of the developer

To meet the definition of “developer” contained in the law, the developer must:

• have 3 or more years of experience in the construction of commissioned apartment buildings with a total area of ​​10,000 sq. m. (experience may be from the main or subsidiary business company)
• own (by lease, by right of sublease) a plot of land
• have the words “specialized developer” in the name

2. State registration of the developer

The state registration of the developer can be checked by seeing the Certificate of State Registration of a Legal Entity, which the developer must provide to you.

The certificate looks like this:

Availability of such certificate

This does not mean that such a legal entity is a developer.

The state registration certificate does not confirm this!

It allows you to install:

• that the legal entity named therein has passed state registration
• OGRN number (main state registration number)
• date of state registration of a legal entity

This information

can be correlated with what the developer’s representatives tell you and with the contents of other documents: construction permits, equity participation agreements, etc.

If they tell you

that the developer has already built and commissioned 10 objects, while you see that several years have passed since the date of state registration of the legal entity, this means that you are being misled.

Maybe

that such previously constructed objects have some relation to this developer, for example, construction was carried out by legal entities with the same management or founders.

But, nevertheless, this only indirectly characterizes your developer positively.

Against

The creation of a separate legal entity for the construction of one object, with an obvious lack of purpose for its further functioning, is a negative sign for the developer.

Check

State registration of the developer can also be done by looking at the information in the Unified State Register of Legal Entities (USRLE)

Just enter the name or OGRN/TIN of the developer in the appropriate field.

It looks like this:

3. Checking the developer’s constituent documents

Any developer is required by law to provide constituent documents for review to any interested person.

It is the constituent document of the developer.

Therefore, you can demand that the developer provide you with the developer's charter.

It is better to show the charter to a lawyer. From its contents, the lawyer will draw the necessary conclusions about the developer and the safety of investing in his construction project.

On one's own

You can pay attention to the term of office of the developer’s executive body (director); if the contract with you is signed by the head of the company, check the address of the legal entity.

4. “Purity” of the developer’s legal address

The official position of the Federal Tax Service is that if more than 5 legal entities are registered at one address, then such an address is recognized as the address of mass registration of legal entities.

At a minimum, it can indicate that, in fact, none of the registered legal entities are located at this address, and the legal entities themselves have the attribute of “fly-by-night” companies.

You can check how many legal entities are registered at the location address of your developer on the official service of the Federal Tax Service.

Just type the address you are interested in and click “Find”.

Please note that if the developer is not actually located at the registration address indicated in the Unified State Register of Legal Entities, then it is necessary to check not only the legal address of the developer, but also the address of its actual location.

5. Analysis of an extract from the Unified State Register of Legal Entities in relation to the developer

So, you can understand:

How long has the legal entity been registered?

Main and additional activities of a legal entity

Who is the head of a legal entity (a person who has the right to act on behalf of a legal entity without a power of attorney)

What is the authorized capital of the developer

Who are the founders of a legal entity

Information about the holder of the register of shareholders, if the developer is a joint-stock company

What licenses have been issued to the developer?

Is the developer in the process of liquidation or reorganization?

Have any bankruptcy procedures been introduced against the developer?

Have any registration actions been recently taken against the developer: change of director, founders, change of location address (in combination with other signs, such actions may be a negative sign)

6. Inclusion of the developer in the Unified Register of Developers

If a legal entity calling itself a developer and inviting you to enter into a contractual relationship with it meets the requirements established by law for developers, then it must be included in the Unified Register of Developers.

The Unified Register of Developers is a state information resource on the Internet, which is a systematic list of legal entities - developers.

Is required

Presence of the developer in this Register. If it is not there, we are looking for another developer.

7. Information about the founders of the developer

Having found out who the founder of the legal entity is, if possible, check the information included in the Unified State Register of Legal Entities in relation to each of such entities.

Using this information, you can obtain general information about the developer, understand the structure of the company, and also identify the ultimate beneficiaries.

in relation to each of the founders of the developer, conduct a separate check on all the positions specified in this article.

The more information, the better. It often happens that some seemingly insignificant information, together with other information, gives a general idea and allows you to draw the right conclusions about the developer.

8. Information about the head of the developer

After you have checked using an extract from the Unified State Register of Legal Entities whether the person indicated in the developer’s documents corresponds to the current head of the legal entity, you should check him for a number of reasons.

Find information about the developer's manager on the Internet.

A simple search in a search engine sometimes yields a lot of useful information.

Check which other companies (legal entities) the person is a manager and/or founder of.

Is the head of the developer included in the register of disqualified persons?

The inclusion of a person in this register means that he does not have the right to occupy leadership positions.

Just type in the information you know about the developer's manager.

You can also check whether disqualified persons are part of a specific legal entity.

9. Checking the authority of the manager

This is important in any case, even if it is not he himself who signs the contract with you.

If a manager signs an agreement with you on behalf of the developer, you will understand whether he has the right to do this.

If the contract is signed on behalf of the developer by another person authorized by the manager, then you need to check his power of attorney or other documents confirming that he has such authority.

Note:

on whether the head of the developer had authority on the date of issuing a power of attorney to such a person.

Whether a person is the current head of a legal entity (your developer) can be found in the extract from the Unified State Register of Legal Entities in the section “a person who has the right to act on behalf of a legal entity without a power of attorney.”

This is what it looks like:

You also need to check whether the head of the developer meets the legal requirements imposed on him in clause 3 of Article 3.2 of the Federal Law on participation in shared construction.

If it turns out that the agreement with you or the power of attorney for its conclusion was signed by a manager who does not meet the requirements of this norm, i.e. by a person who does not have the authority of a manager, then such an agreement may be recognized as not concluded.

10. Compliance of the head and chief accountant of the developer with the requirements of the law

The Law on Participation in Shared Construction establishes a list of persons who cannot hold the position of manager or chief accountant of the developer.

You can familiarize yourself with this list in clause 3 of Article 3.2 of the Federal Law on participation in shared construction.

If the manager or chief accountant of the developer falls under at least one of the criteria indicated therein, it means that this position is occupied by a person who does not have such authority.

What does this threaten?

All actions committed by them without authority are illegal. For example, if, in confirmation of receipt of funds from you, you were given a receipt for a cash receipt order, which contains the signature of the chief accountant, who did not have authority on the date of receipt of the money

That is, the probability

That, for example, in the event of bankruptcy, your money will be “lost” and it turns out that it did not reach the developer. For this reason, you will be refused inclusion in the register of requirements for the transfer of residential premises.

11. Availability of a building permit

First you just need to understand whether it exists or not.

Besides,

that a copy or number will be provided to you by the developer himself, you need to verify its authenticity.

Check,

whether a construction permit was issued to a specific developer in relation to a specific object can be found on the official website of the State Construction Supervision and Expertise Service of St. Petersburg.

Regarding developers

and objects in other regions - see the information on the official website of the government agency that issues construction permits.

For example, for Moscow this is the Moscow State Construction Supervision Committee.

Published there

the corresponding register of issued construction permits.

Just enter information about the developer in the search and look.

It looks like this:

12. Number of building permits

From 07/01/18, developers have the right to raise funds from participants in shared construction only on the condition that such construction is carried out within the limits of one construction permit.

Raising funds from equity holders for construction within the limits of several construction permits is possible only:

• in accordance with the urban planning plan of the land plot or the approved territory planning project
• or on one or more land plots located within the boundaries of a built-up area, in respect of which an agreement on the development of the built-up area has been concluded
• territory in respect of which an agreement on the integrated development of the territory or an agreement on the integrated development of the territory has been concluded.

In this case, the developer does not have the right to simultaneously carry out activities under several agreements on the development of a built-up territory, and (or) agreements on the integrated development of the territory, and (or) agreements on the integrated development of the territory.

13. To whom was the building permit issued?

You need to check whether the legal entity - the developer - specified in the construction permit corresponds to the legal entity with which you are offered to enter into an agreement.

However, it is not enough

However, it is not enough

You need to see if the details of the legal entity correspond, for example, OGRN or TIN.

If the resolution

for construction was issued to a legal entity with other details than those in your contract - we are looking for another object.

Even if the developer’s representative’s explanations on this matter seem logical and reasonable to you.

We are looking for another object.

14. Validity period of the building permit

A construction permit is issued for the entire period provided for by the construction organization project.

For example,

if there are several months left before the expiration of the construction permit, or a period of time remaining before the expiration of this period is less than 30% of the total period for which the permit was issued, this should be considered a negative sign when checking the developer and choosing a construction site.

Need assessment,

What stage is the construction at now?

A construction expert will help to assess whether it is technically possible to complete the construction of the facility within the period remaining before the expiration of the building permit.

15. Has the building permit been extended?

Extension of a developer’s permission to build an apartment building is a specific sign.

that it was not possible to complete the construction of the facility within the time initially calculated for the construction project. At first glance, there is nothing good about this.

But if you're interested

in purchasing an apartment in this particular building - you need to find out the reasons for extending the building permit, and also evaluate this criterion in conjunction with others.

To find out

whether the building permit issued to your developer has been extended or not, check “extended building permits” on the search page in the Register of issued permits.

Court decision on extended building permits

16. Correspondence of the legal entity in the construction permit to the legal entity in the contract

When studying the contents of a building permit, pay attention to which legal entity it was issued to.

Namely:

its name, location address and other details that allow it to be identified.

The construction permit must indicate to whom it is issued.

Here is an example of a building permit:

This legal entity is the developer of the property.

And it must correspond to the legal entity on whose behalf you are asked to enter into an agreement.

If you are offered

conclude an agreement in relation to this object with some other legal entity than the one specified in the construction permit, then such an agreement should not be concluded.

At least until a professional lawyer analyzes the situation.

Don't even try to get into it

The reasons that the sales department representatives use to explain this discrepancy to you. No matter how logical they may seem to you.

They may say that they are a “group of companies” and in fact they build anyway, that this is “standard practice”, that otherwise the cost of your apartment will be higher and similar explanations.

Just remember

The construction permit was issued to another legal entity - you do not enter into an agreement.

17. Verification of the developer according to the Unified Information System of Housing Construction

The Unified Housing Construction Information System is designed to combine current information about any developer and construction project in Russia.

The Ministry of Construction promises that this system will ensure complete “transparency” of the market for shared participation in construction in Russia for its participants.

The list of information that you can obtain for yourself by visiting the system is contained in Art. 23.3 of the Federal Law on participation in shared construction.

18. Fulfillment by the developer of the obligation to pay deductions (contributions) to the compensation fund.

The compensation fund is a special fund created by the Government of the Russian Federation to reimburse funds to participants in shared construction in the event of insolvency (bankruptcy) of the developer.

The compensation fund is formed by the public legal company “Fund for the Protection of the Rights of Citizens – Participants in Shared Construction”.

The developer is obliged

make contributions to the compensation fund, provided that the agreement on shared participation in construction with the first shareholder is submitted by the developer for state registration later than October 20, 2017.

You can check whether your developer makes contributions to the compensation fund.

If the equity participation agreement has not yet been concluded, then look for your developer in the Foundation’s developer database.

If the developer

does not fulfill the obligation to pay deductions (contributions) to the compensation fund, then by law he does not have the right to attract funds from citizens for construction.

19. No tax arrears. Providing tax reporting

Having a debt to the tax authorities is a bad sign in itself, no matter how large it is.

If the debt is significant, then this may be a harbinger of the start of bankruptcy proceedings.

In addition, if it is necessary to collect money from the developer for an undelivered apartment or a penalty, the Tax Service may be your serious competitor in this matter, and there will most likely not be enough money to satisfy the claims of all creditors.

Failure to submit tax reports

This is an indicator of negative processes in the company that do not allow any transactions to be made with it.

You can check whether the developer has arrears in paying taxes, as well as failure to submit tax reports for more than a year, on the official tax service.

20. Conclusion on the compliance of the developer and the project declaration of the object with the requirements established by law

Availability of a conclusion issued before the developer concludes an agreement with the first participant in shared construction in accordance with Part 2.1 of Article 19 of this Federal Law on the compliance of the developer and the project declaration with the requirements established by this Federal Law.

Such a conclusion must be issued no later than the date the developer concludes an agreement with the first participant in shared construction.

21. Financial result of the current year, the amount of accounts payable and receivable

The developer's annual accounting (financial) statements are subject to mandatory audit. The developer prepares interim accounting (financial) statements on a quarterly basis for the following interim reporting periods - the first quarter, half a year and nine months. The developer, in the manner prescribed by Part 2 of Article 3.1 of this Federal Law, discloses interim accounting (financial) statements no later than thirty calendar days after the end of the relevant interim reporting period and annual accounting (financial) statements and auditor's report no later than one hundred and twenty calendar days days after the end of the relevant reporting year.

22. Property owned by the developer

It is necessary to identify the property owned by the developer in order to understand its “seriousness” and assess the likelihood of seizure and foreclosure on such property, in case it is necessary to recover money from the developer through the court.

23. Ensuring the fulfillment of obligations to third parties at the expense of the developer’s property

Property owned by the developer cannot be used for:

• ensuring the fulfillment of obligations of third parties
• ensuring the fulfillment of the developer’s own obligations not related to the attraction of funds from participants in shared construction and the construction of the facility

24. The developer has no debt obligations

According to the law, a mandatory condition for the developer to attract funds from participants in shared construction is the absence of obligations on credits, borrowings and advances.

The exception is

only targeted loans and targeted loans provided by the main company of the developer for construction purposes, the amount of which cannot exceed 20% of the project cost of construction, and the interest on such loans does not exceed the key rate of the Central Bank of the Russian Federation + 2 percentage points on the date of conclusion of the contract.

25. The amount of the developer’s obligations not related to raising money from participants in shared construction and construction

Should be no more than 1% of the design cost of construction.

26. The developer issues and issues securities

The law imposes a ban on raising funds from equity holders for construction if the developer has issued and delivered securities.

The only exception is the shares of the developer company.

27. Construction financing structure

To assess the reliability of the developer and the likelihood of subsequent failure by him to fulfill his obligations under the contract, it is necessary to assess the financing structure of the construction project.

What percentage is shareholders’ money, what percentage is borrowed funds, and what percentage is own.

The amount of own funds should not be less than 10% of the planned cost of construction of the facility.

In this case, the amount of the developer’s own funds is determined as the difference between the value of the developer’s assets accepted for calculation and the value of the developer’s liabilities accepted for calculation.

If borrowed funds occupy a significant share in the structure of construction financing, then this is not a very good sign.

In this case, it is necessary to assess the volume of loans and their terms, including how the developer ensures that the developer fulfills its obligations under the loan agreements.

28. The developer is in the stage of reorganization or liquidation

If the developer is in the process of liquidation (independently or by decision of the tax authorities) or reorganization, then information about this will be published in the State Registration Bulletin.

Just enter the INN or OGRN of the developer you are interested in in the appropriate field on this website.

If everything is clear with the liquidation, then it is better to ask a lawyer to comment on the information about the reorganization. This procedure does not always involve risks for the shareholder.

29. Participation of the developer in litigation in courts of general jurisdiction

Check the court cases in the district court at the location (legal address) of the developer. It is necessary to assess the number of cases and the subject of disputes over them.

We find the legal address using an extract from the Unified State Register of Legal Entities in relation to the developer:

In St. Petersburg, courts are mainly divided by city districts.

We look at the map (for example, on Yandex.Maps) in which area the desired street is located.

We go to the website of the relevant court and check the address you need: whether it really belongs to its jurisdiction.

If your developer is located in Moscow, you can determine jurisdiction using this portal.

Just type the first letters of the desired street.

Having determined the jurisdiction, look at the court cases involving your developer on the website of the relevant court.

Go to the “Judicial Proceedings (or “Legal Proceedings”)” section and click on the “Case Information Search” link.

The search results will show cases involving him. There are active links in the “case number” column. Here you can view detailed information on each case.

30. Participation of the developer in litigation in the arbitration court

You can get complete information about the developer’s judicial activity in arbitration courts in the file of arbitration cases.

In the “Participant in the case” field, write the name, INN or OGRN of the legal entity of the developer. You don’t have to fill out the remaining fields - this will make the information more meaningful.

At the top of the file cabinet you can select the type of case: administrative, civil or bankruptcy. You are interested in them all, but it’s more convenient to search this way.

We are primarily interested in lawsuits in which the developer is a defendant.

It is necessary to assess the subject of such legal disputes, who is the plaintiff in them: the Federal Tax Service, KUGI, etc., to assess the size of the claims, whether there are any disputes regarding the land plot on which construction is planned or is already underway, whether satisfaction by the arbitration court will lead to such claims lead to financial difficulties or bankruptcy of the developer.

Look in the card

each case on the developer’s activity in litigation - whether a representative of the developer attends court hearings on cases, whether he submits any procedural documents to the court: responses to claims, petitions, statements, complaints.

Look at those things too

which were brought by claims of the developer. This will make it possible to assess the defendant’s activity, what demands and to whom the developer has made them in court: what consequences this may have for his activities and how it will affect shareholders.

31. Availability of enforcement proceedings, their duration

The presence of a large number of enforcement proceedings against the developer, especially long-lasting and unfinished ones, indicates the unreliability of the developer and the presence of financial difficulties.

It is enough to enter the information you know about the developer in the appropriate search field: name of the developer (full or abbreviated), INN, OGRN.

In the "Status" column

Be sure to pay attention to whether the developer is an active or expelled member of the SRO of builders.

It looks like this:

If you find out that the legal entity with which you are offered to enter into an agreement is not an active member of the SRO of builders, we choose another developer.

36. Availability of a certificate of admission to certain types of work that affect the safety of capital construction projects

The developer must have such a certificate. You can check whether it was issued or not upon request on the website of the relevant SRO (self-regulatory organization), of which the developer you have chosen is a member.

37. Participation of the developer in government contracts and tenders

This is a positive sign.

You can check the developer’s participation in government contracts and tenders at.

38. Absence of unscrupulous suppliers (contractors) in the register

An indirect sign of the developer’s reliability in relation to participation in shared construction, however, the sign is still negative.

Choosing between

two developers, other things being equal, should choose the one who has not been recognized by the Federal Antimonopoly Service as an unscrupulous supplier.

Check,

whether your developer is recognized as an unscrupulous supplier (contractor) can be found on the website of the Unified Information System in the field of procurement.

In the appropriate field, enter the name or TIN of the developer.

39. Absence in the register of unscrupulous participants in an auction for the sale or lease of a land plot in state or municipal ownership

You can check the inclusion of the developer in this register on the official website of the Russian Federation to post information about the bidding. It is available in pdf format and is updated regularly.

Click on this icon and the file will open.

40. Availability of a website on the Internet

From the point of view of the law, the developer might not have had a site before.

Now, due to the introduction of the developer’s obligation to publish information on the website, this is impossible.

And if there is no website

- this is definitely a reason to cross the developer off the list of contenders for your money.

41. Ownership of the website domain name by the developer

This is now a legal requirement.

The developer is obliged

publish information specified by law on the website.

He should be responsible for the accuracy of this information.

is intended to exclude a situation in which the developer, if the information published on the website is unreliable, will be able to refer to the fact that this is not his website.

Check

You can own a domain name to a developer using special services, for example, .

Just dial

domain name (address) of the developer’s website and click “Check”.

This is what it looks like:

If, as a result of the check, you see that the administrator (owner) of the domain name is not a legal entity - a developer, but, for example, some citizen, then this is not an argument in favor of the developer you have chosen.

42. Date of registration of the domain name of the developer’s website

On the same service, look at the registration date of the domain name of the developer’s website. If a developer states that he has been building since 1998 and the registration date of the domain name of his website matches this information, then this is a positive argument in favor of such a developer.

43. Analysis of search results of the developer’s website

If the developer is not very well-known, then analyzing the search results of his website can be useful.

The principle is this:

The more search engines (Yandex, Google) find the site of one developer based on your search queries, the more positively this characterizes it.

Don't be confused!

For example, as of the date of this article’s writing, the first 4 lines of Yandex and Google search results are advertisements.

That is, the owners of such sites paid for the search engine to show them to you.

Their presence in these top 4 lines does not in any way indicate the quality of such sites or the reliability of the developers themselves.

Need to evaluate

Those sites that are located starting from the 5th line and in which there is no “Advertising” mark.

Finding a site for various search queries only in the first 4 advertising lines is not a very good sign.

More on this below.

44. Checking the number and types of advertising by object and developer

the infamous “London Park” was hung all over St. Petersburg, even during the period when the facility had been under construction for almost ten years.

45. Accreditation by banks

This is, of course, an indirect sign, but nevertheless, it cannot be ignored.

Since banks check the developer, his financial performance, and the design of the construction project, the fact that the bank has accredited the developer and a specific project is, of course, a plus in favor of the developer.

Accordingly, the more serious the bank, the better.

The more partner banks, the better.

46. ​​Number of bank accounts with the developer

If the developer, in cases provided for by law, has several building permits, then the developer is required to have a separate current account for each building permit, that is, the number of accounts must correspond to the number of issued building permits.

47. Opening of an account by the developer only in an authorized bank

The purpose of involving authorized banks in the relationship between the developer and the shareholders is to exercise control over the misuse of the shareholders' funds.

This should ensure that developers fulfill their obligations to construct and transfer apartments to shareholders.

There should be no more than 60 such banks.

The register of authorized banks is published on the website of the Central Bank of the Russian Federation.

48. Placement of shareholders’ money in an escrow account

This payment scheme will become mandatory from 07/01/19. At the time of writing this material, the developer’s failure to use an escrow account is not a negative sign when choosing a developer.

The essence of its use is to ensure the fulfillment of the obligations of the parties to the transaction. The developer will not receive the equity holder's money until the obligations are fulfilled.

49. Checking the ratings of developers in your region

One rule:

Today there is no official source of information about the activities of developers that can be trusted one hundred percent.

to all information on the Internet about developers, ratings, TOP-10 developers according to various sites, forums, etc. needs to be taken critically. The information on such resources may not correspond to reality.

And even without any intent on the part of the owners of such resources.

For example,

On one of the sites dedicated to shared construction, in relation to one object it is indicated that the developer has committed a significant delay of about a year.

In fact,

There were no delays in the transfer of apartments to shareholders. The apartments were transferred within the period specified in the agreements for shared participation in construction.

Apparently, the information was not verified by the site owner, or the date of completion of construction for the project was taken as the basis, and not the timing of the transfer of apartments to shareholders under the contracts.

the information posted on the popularly visited resource regarding the developer is clearly negative in nature and does not correspond to reality.

Also delve into

50. We study reviews and comments on the forums of shareholders

Now there are quite a lot of resources on the Internet where you can collect information about the developer, including specialized forums for shareholders, groups on social networks.

Don't believe everything that is written!

Compare information from different resources. The more there are, the more objective the information is.

Who benefits from this?

When reading information on any site, always keep in mind: who owns this site and the purpose for which the information you see is published.

Not enough

Read every review on forums and groups on social networks.

Recognize a fake profile

possible by the following criteria:

• Few photos on the page
• There are different people in the photographs
• Celebrity in photo
• There are few or no people in the photo (nature, kittens, abstractions, etc.)
• All or most photos uploaded in one day
• The page was created recently (you can tell by the id number), publication dates
• Few friends
• Many subscribers
• Most friend pages are fake too
• Many friend pages have been deleted
• Few posts on the wall
• Little or no audio and video recordings
• The profile gives the impression of being inactive, empty
• The user does not respond to messages

Real story:

On our website we published information about one of the long-term construction projects in St. Petersburg. After some time, comments began to appear under the text of the article that everything was in order at the site, construction was in full swing and the house was about to be commissioned.

This, of course, was not true, and the profiles on the social network from which the comments were left turned out to be fake.

51. Communicate with real and shareholders

Find real users - shareholders on forums or in groups on social networks and talk to them.

If this is a real person,

a real shareholder, and not a fake account, then with a high degree of probability they will answer you and share information.

Do not limit yourself to communicating with 1-2 people; their opinion may not be objective.

Talk to as many people as possible.

To a greater extent

this applies to facilities that are already 50 percent or more completed, or construction at the final stage.

Especially if this is an object for which there is currently a delay.

52. Number of objects previously commissioned by the developer

A good indicator.

Only on condition

that the developer of such objects was your developer (legal entity), and not other persons included in a certain “holding” or “group of companies”.

If another legal entity is behind their construction, and according to the sales department managers, it has a connection with your developer, then such connections need to be checked.

If they tell you

that the developer is a group of companies, and, in fact, these objects were built by one developer, then you can assume that these previously commissioned objects did not exist and evaluate the developer you are interested in along with the “newbies”.

The developer’s belonging to a certain group of companies with construction experience is an indirect sign, but more positive.

Information about this

you need to check to establish who really was the developer of the objects, what happened to this developer after their delivery, whether there are legal entities that acted as developers today, what connection they have with your developer, who runs these companies, etc.

Still, if

the company has a history, even if the construction was carried out with the participation of other legal entities, then this is better than if this is your developer’s first project, and he does not even try to boast of previous experience.

What was more

objects and the more complex they were, the better.

53. Number of objects delivered late

Check how many of the properties built by the developer were not delivered on time.

Study the history of the commissioned objects: when the construction was planned to be completed and when it was actually completed.

Keep in mind,

that by delay we must understand precisely the violation of the deadline for transferring apartments to shareholders, that is, a violation of the deadline that was agreed upon in the agreement on shared participation in construction.

It happens,

that the deadline for the project was violated, but the deadlines for transferring apartments to shareholders specified in the contracts were met.

This is exactly what you should be interested in first of all.

If in most of the properties built by the developer there was a delay in the transfer of apartments, this is bad.

54. Overdue period for delivered objects

Even if the developer made delays in the construction of a large number of objects, but at the same time they were insignificant in duration (within 2-4 months), then this is much better than a delay in one object of all, but the duration of which is several years.

55. Reasons for violating the deadline for transferring apartments to equity holders

Assess the reasons for the delay for each object.

It happened that the developer completed the project on time, but the local administration illegally refused to issue him a permit to put the facility into operation.

Such a refusal was subsequently declared illegal by the court, but the shareholders did not receive the apartments on time.

In this case, one cannot draw a negative conclusion about the developer.

56. How many objects are being built now?

The scale of the developer's activities is an essential criterion for assessing its reliability.

Information about other projects under construction is usually indicated by the developer himself on his website.

Worth checking out

Such information through other resources, as well as look at the documentation (construction permits) for each of these objects - whether they are really issued in the name of the same legal entity as the permit for the object you are interested in.

If not, this means that these other objects are not being built by your developer, but by some others.

It's good

or bad - must be assessed in each specific case, in conjunction with other criteria.

The presence of several construction projects at once by one developer, in fact, indicates that he has additional obligations, and you have competitors - equity holders in case you need to collect money from the developer.

Plus, the situation for each construction site is usually different and is dictated by the complexity of the project and interaction with executive authorities. This also needs to be assessed.

57. Facilities currently under construction are overdue

Everything is simple here. If your potential developer, in addition to the property you are interested in, has unfinished construction projects, and their construction deadline has been exceeded, choose another developer.

Soon, due to the introduction of the rule “one developer - one construction permit,” such a criterion will cease to exist.

58. Providing information about the construction project by the developer

One of the key factors in the reliability of a developer today is his fulfillment of the obligation to provide (publish) information about the construction project.

If the developer

does not fulfill such an obligation, or there are any difficulties in familiarizing yourself with such information or part of it, then you should look for another developer.

Information about the construction project of the facility is contained in Art. 21 of the Federal Law on Participation in Shared Construction and must comply with territory planning documentation, design documentation and contain information:

• about the types of capital construction projects being built within the framework of the construction project
• on the type of agreement for the execution of which the developer is implementing a construction project (if such an agreement is concluded)
• about persons who performed engineering surveys, architectural and construction design
• on the results of the examination of design documentation and the results of engineering surveys
• on the results of the state environmental examination, if the requirement to conduct such examinations is established by federal law
• a commercial designation that individualizes an object (group of objects) of capital construction (in the case of the construction of apartment buildings - the name of the residential complex), if the developer plans to use such a commercial designation (name of the residential complex) in advertising
• on the construction permit (date, number, validity period, name of the authority that issued the construction permit)
• on the rights of the developer to the land plot on which the construction (creation) of an apartment building or apartment buildings and (or) other real estate objects is carried out, including the details of the title document for the land plot, on the owner of the land plot (if the developer is not owner of the land plot), about the cadastral number and area of ​​the land plot
• about the planned elements of territory improvement
• on the location and main characteristics of apartment buildings and (or) other real estate objects being built (created) within the framework of the construction project, the sum of the total area of ​​​​all residential and non-residential premises
• on the planned connection (technological connection) of apartment buildings and (or) other real estate to engineering and technical support networks, the amount of fees for such connection and the planned connection to communication networks
• on the number of residential and non-residential premises being built (created) within the framework of the construction project of apartment buildings and (or) other real estate objects, as well as their main characteristics (with the exception of the area of ​​rooms, premises for auxiliary use, loggias, verandas, balconies, terraces in residential premises), on the presence and area of ​​parts of non-residential premises
• on the composition of common property in an apartment building under construction (created) as part of a construction project (list of common areas indicating their purpose and area, list of technological and engineering equipment intended to serve more than one room in a given building)
• on an approximate schedule for the implementation of a construction project, including information on the stages and timing of its implementation, including the expected time frame for obtaining permission to commission apartment buildings under construction (created) and (or) other real estate objects
• on the planned cost of construction (creation) of an apartment building and (or) other real estate
• on the bank in which participants in shared construction must open escrow accounts in the event of raising funds from participants in shared construction in the manner prescribed by Article 15.4 of this Federal Law
• on other agreements and transactions on the basis of which funds are raised for the construction (creation) of an apartment building and (or) other real estate, with the exception of raising funds from participants in shared construction
• on the amount of fully paid authorized capital of the developer
• information specified in Part 6 of Article 18.1 of the Federal Law on Participation in Shared Construction, in the case provided for in Part 1 of Article 18.1
• other information about the construction project that does not contradict the law.

59. Fulfillment by the developer of the obligation to disclose information

Current legislation establishes the obligation of developers to disclose information that indicates their reliability and allows the shareholder to make the right choice of developer.

Reveal information

- means providing free access to it. If the developer does not provide access to such information, that is, there are some difficulties in obtaining it from the developer or in the public domain on the developer’s website, then this is one of the signs of its unreliability.

The information disclosed by the developer also needs to be checked and assessed.

The list of such information is determined by law:

• permission to commission a capital construction project
• building permit
• conclusion of the examination of project documentation
• project declaration
• conclusion of the authorized body on the compliance of the developer and the project declaration with the requirements of the law
• draft agreement for participation in shared construction
• conditions for attracting funds from participants in shared construction under an agreement for participation in shared construction in accordance with the requirements of the law in the case of placing such funds in escrow accounts
• interim accounting (financial) statements
• annual accounting (financial) statements and auditor's report
• photographs of real estate objects being built by the developer, reflecting the current state of their construction
• urban planning plan of the land plot
• a diagram of the planning organization of a land plot, made in accordance with the information specified in the urban planning plan of the land plot, indicating the location of the capital construction object, entrances and passages to it, the boundaries of public easement zones, archaeological heritage sites
• a document containing information on calculating the amount of equity and financial stability standards of the developer
• information about the introduction of one of the procedures used in a bankruptcy case
• notice of the start of construction, reconstruction of a capital construction project, sent in accordance with the legislation on urban planning activities
• information about opening or closing a current account for the developer, indicating the number of such account, the name of the authorized bank and its identifiers (taxpayer identification number, main state registration number)

60. Provision by the developer of documents for review

According to the law, the developer must not only publish information about the construction project, but also provide the following documents for review at the request of participants in shared construction:

• building permit
• feasibility study of a project for the construction of an apartment building and (or) other real estate property
• conclusion of an examination of project documentation, if such examination is established by federal law
• project documentation, including all changes made to it
• documents confirming the developer's rights to the land plot

It is worth explaining what “at the request of a participant in shared construction” means and how to correctly require the developer to provide such documents.

First, you should simply ask to see a representative of the developer, for example, an employee of the sales department, to see the documents you need.

If you are directly refused to provide documents, we recommend choosing another developer.

If there are any difficulties with providing you with documents: they don’t seem to refuse to provide you with them, but you need to wait for something, someone is not there, etc., then you should express your demand in writing and send it by post sent to the legal address of the developer.

A written demand can also be presented to a representative of the developer.

61. Transparency of construction progress

There should be no difficulty in quickly obtaining information about the progress of construction of the object of interest to you. Including visual ones.

Recently, it has become the responsibility of the developer to publish photographs reflecting the current state of construction of the property.

Photos showing the progress of construction

Besides,

Now all self-respecting developers on their websites provide the opportunity to see an online broadcast from the construction site at any time, and also publish a construction work plan and information about what work has already been completed to what extent.

And of course, there shouldn’t be any difficulties with directly visiting the construction site.

62. Visit to the construction site

This is a mandatory condition for checking and choosing a developer and an object in which to invest money.

But we would not write about this if we had not seen with our own eyes situations where people invest money in the construction of an object that had not been built at that time for 8 years.

Must see

object with your own eyes, to understand that something is really being built on it:

• there are enough workers (not 1-2 people),
• trailers (cabins) to accommodate workers,
• construction equipment (cranes, tractors, dump trucks, concrete mixers),
• there are construction materials on site,
• At the same time, something happens, and does not stand still.

Note:

how many floors have already been built, at what stage of construction (glazing, etc.) and does this correspond to what you were told by the developer’s sales department.

63. Compliance of the project implementation schedule with actual construction

This applies to a greater extent to objects that are at the final stage of construction, when the deadline for commissioning the object and transferring apartments to shareholders is of greater importance, and delays on any given day are significant.

Eg

The developer promises you that the property will be completed in 4 months. How can you check this and understand that it won’t take 6-8 months?

It is difficult to do this without being a construction professional.

In such cases, involve a construction expert who will evaluate the facility and the construction work currently taking place on it, as well as possible grounds for refusing to put the facility into operation.

And he will answer clearly

to the question: do the terms promised by the developer for handing over your apartment to you correspond to the actual progress of construction of the facility.

64. Consultation with a construction expert

In addition to assessing the compliance of the planned stages and terms of construction with the actual ones, ask a construction expert to evaluate the quality of construction of the facility.

After all, the non-compliance of a constructed facility with building codes and regulations is, by law, a sign of an unauthorized construction subject to demolition.

Why is it that when building a private house, such great importance is attached to construction technology, the materials and technologies used, but when buying an apartment we forget about this.

After all, you and your children

living in this apartment for more than one year, and you need to understand what problems you may encounter in 5-10-15 years.

If you have several construction projects in mind, ask an expert to compare them from this point of view and draw a conclusion: the quality of which one is better.

65. Comparison of prices on the real estate market

Compare prices for all properties under construction of the same class as the one you have chosen.

You need to compare with prices for properties located in the same area or other areas similar in distance from the center and infrastructure.

You will see that all offers of the same class of apartments have approximately the same price per square meter.

At the same time, prices from reliable developers will be 10-20% higher than the average price in this segment.

Beware of tempting offers

If you see that the price of apartments in some property, on the contrary, is 10-20% lower than in others, this is a negative sign. Such a proposal should be treated with extreme caution.

In our practice, there was a case when a certain group of people, without even receiving permission to build an object, placed an advertisement for the sale of apartments for 900 thousand rubles.

The facility was “built” in one of the most developed areas of St. Petersburg.

Pensioners and WWII veterans were offered special conditions.

As a result, having collected money from grandparents, a group of people disappeared somewhere, and construction never began.

if the price of the apartment seems too attractive to you, you should consider other options.

66. Checking the deadline for transferring the apartment to the shareholder

When the developer tells you a deadline for fulfilling obligations, pay attention to exactly what period is meant.

The shareholder, naturally, has in mind the deadline for transferring the apartment to him.

Developers often lie

focusing the attention of the shareholder on another period, for example, the date of putting the object into operation, and approximate, while understanding that the shareholder expects to receive an apartment within such a period.

How does this happen:

The developer gives the shareholder a certain deadline, let’s call it “construction completion date.”

At the same time, the shareholder understands this to mean that within the specified period the keys will be handed over to him.

The developer does not seek to dispel this misconception.

On the first page of the contract

The developer indicates the specified period in bold type, which removes any remaining doubts from the shareholder.

But this time

is formulated as “an approximate date for putting the facility into operation,” and the real deadline for transferring the apartment is masked further in the text of the agreement somewhere in the section “Rights and obligations of the developer.”

The point is

That according to the law, the developer’s obligation to the shareholder is precisely the transfer of the apartment, and such an obligation can be considered violated only if the deadline specified in the contract as the deadline for transferring the apartment is violated.

Violation of the deadline for putting the facility into operation, especially the approximate one, does not constitute improper fulfillment by the developer of its obligations and does not entail any liability for it.

67. Type of contract proposed by the developer

This is one of the key factors in assessing and selecting a developer and property.

Ask to see

you and provide you with a draft of the proposed contract for review, as well as other related documents for the future transaction.

If the developer does not give

for you to take documents out of the office for quiet inspection at home and consultation with a lawyer is bad. It's better to choose another developer.

In most cases

the developer will offer you to enter into an agreement for shared participation in construction or an agreement to join a housing construction cooperative.

Without going into details,

(as of the date of writing this material) conclude only an agreement for participation in shared construction, while conducting a proper legal analysis of its content by a lawyer.

Housing cooperative agreement

It is also one of the forms of raising funds for construction provided for by law, but it involves many more risks that are difficult to eliminate. Therefore, a housing cooperative agreement can be concluded, but only as a last resort, if there are absolutely no other options, and only with the proper support of a professional lawyer.

Other types of contracts:

If there are no other options, the mandatory participation of a lawyer in such a transaction is necessary.

68. Analysis of the contract proposed by the developer

The contract that the developer offers you to enter into must be assessed from different perspectives.

Key ones:

• compliance of the agreement with the mandatory requirements of the law for such an agreement;
• compliance of the terms of the contract and the procedure for conducting the transaction with the information that the developer provides you BEFORE its conclusion;
• assessment and elimination of the risks of the shareholder during settlements, state registration of the agreement and at other stages of the transaction (the procedure for disclosing a letter of credit, etc. subtleties);
• assessment for the presence of contract terms that are negative from the point of view of current judicial practice in the region where the contract was concluded.

note

So that the contract and other documents that you were given before the transaction and that you showed to the lawyer correspond to the documents at the time of signing them.

We were faced with

that at the developer’s office, people were given documents with the same content for review, but when signing the contract, their content changed.

As you might guess, the changes were not in favor of the shareholder.

69. Amendments to the terms of the proposed agreement

This applies to a greater extent to transactions not provided for by the provisions of the law on participation in shared construction.

There are situations

when, in general, the transaction is assessed by our lawyers as safe, but the agreement cannot be signed in the proposed form.

If you are interested in concluding a contract and purchasing this particular piece of real estate, you need to seek amendments to the terms of the contract.

In our practice

There have been cases when the contract proposed by the developer for conclusion contained conditions that created obvious risks for the shareholder. The developer's employees did not want to hear about changing the terms of the contract.

You need to understand

that the sales department employees of the developer who communicate with you are not lawyers, and often they simply do not understand what the lawyer is trying to convey to them.

The head of the developer's legal department, after listening to our lawyer, agreed that the terms of the contract were risky for the buyer, and the necessary changes were made to the contract.

70. Checking the availability and validity period of authority to conclude an agreement

When signing an agreement, it is imperative to check the authority of the person who signs the agreement with you on behalf of the developer.

There are two options: the head of a legal entity or another authorized person.

If the contract is signed by the manager, you need to check:

1. The decision of the founders of a legal entity on his appointment to a position.
2. The term of his powers according to the charter of the legal entity.
3. An extract from the Unified State Register of Legal Entities, he must appear there as a person acting without a power of attorney on behalf of a legal entity.

If the agreement is signed by another authorized person:

1. A power of attorney with the right to sign such an agreement on behalf of the developer.
2. The powers of the head of the legal entity on the date of issuance of the power of attorney (verification as in the first case).

71. Verification of the powers included by the developer in the power of attorney for registration of the agreement

When concluding an agreement with a developer, the shareholder is usually asked to issue a notarized power of attorney, which is necessary to submit the agreement for state registration.

At the same time, shareholders, as a rule, do not pay due attention to this, which increases their risks.

Focus your attention

when drawing up a power of attorney on the following:

① On the list of powers that you grant to representatives of the developer. The notary does not care what powers are included in the power of attorney. He does not conduct any legal analysis of your transaction and the need to include certain powers in the text of the power of attorney.

It is assumed that

By signing a power of attorney, you are aware of what powers and why you are granting the developer’s representatives.

There is no “standard form” of power of attorney!

Therefore, it is necessary to exclude all unnecessary powers from the text of the power of attorney.

② To whom are you issuing a power of attorney?

When a developer asks you to issue a power of attorney for some people, you need to establish and provide yourself with evidence that such people are related to the developer.

Otherwise

Why on earth does the developer ask you to issue a power of attorney specifically for them?

They may either be employees of the developer under an employment contract or otherwise be authorized by the developer.

In any case, this must be documented.

Otherwise, in the event of controversial situations (loss of documents, etc.), the developer may take the position that the people for whom you issued a power of attorney have nothing to do with him and will be legally correct.

③ Validity and revocation of the power of attorney.

The duration of the power of attorney must be reasonable and justified. That is, if a power of attorney involves submitting and receiving documents on your behalf to the Federal Registration Service, then the validity period of the power of attorney of 5 years is not justified.

Along with the problem of including excessive powers in the text of the power of attorney, issuing a power of attorney for an unreasonably long period may have a number of risks.

Another problem

– revocation of the power of attorney. Usually people issue a power of attorney and immediately forget about its existence. This is wrong and dangerous.

After your attorneys (in whose name you issued the power of attorney) have completed the necessary actions, the power of attorney must be revoked, unless the period for which it was issued has expired.

To revoke a power of attorney, contact the same notary who issued it.

72. Security of transfer and posting of money

Controlling and ensuring the security of the transfer of money is key and you cannot afford to be irresponsible. It is necessary to exclude from among your potential developers those who offer risky payment schemes.

We are talking about cash payments.

They need to be excluded.

This removes many risks, including an unauthorized person receiving money from you, etc. In Russian judicial practice, there are cases when, in order to confirm the receipt of money, shareholders were given a receipt for the cash receipt order.

The developer did not deliver the property.

And when trying to recover their money from the developer, the courts refused, since it was not proven that the money was actually received by the developer. The receipt was signed by an unauthorized person.

Therefore, when you need to make a payment to the developer, it is best to pay from your account to the developer’s account by bank transfer. You can always confirm the fact of payment to the developer with payment documents, and the bank will confirm this.

There is a misconception

That payments using a bank safe deposit box or a specialized storage safe deposit box are safe.

This is wrong.

1 billion 300 million rubles

The approximate amount of money stolen in 5 minutes in 2016 from Promsvyazbank cells on Victory Square in St. Petersburg.

Haven't you heard about this?

Not surprising, because stories like this don't make the news.

Look up information on the Internet:

And what do you think,

Did anyone compensate people who lost money?

Under the lease agreement for a safe deposit box, the bank essentially does not bear any responsibility, because the contents of the safe deposit box are not recorded anywhere in the agreement, and it is almost impossible to prove later that 10 million and not 100 rubles were put in the safe deposit box, or that anything was put there at all. .

What can I say

about non-bank safe deposit boxes, when an agreement is concluded with some individual entrepreneur. You understand that this individual entrepreneur will never in his life compensate you and other victims for losses.

73. Conditions for opening a letter of credit

Choose a developer who is not trying to mislead you about the details of the deal.

Often, the use of a bank letter of credit as a payment scheme when purchasing an apartment in itself seems to be a guarantee of security.

If the developer

makes payments using a bank letter of credit, ostensibly to protect your security interests, then the terms of such a letter of credit should be “transparent” and make sense to you.

If you do not control the conditions for the bank to disclose a letter of credit in favor of the developer, this entire procedure becomes meaningless.

We were faced with a situation

when the shareholder is told that the developer will receive money from the letter of credit after state registration of the agreement, but in fact, when assessing the terms of the bank letter of credit agreement offered by the developer’s partner bank, it turned out that the letter of credit is disclosed after the developer provides a receipt to the Federal Registration Service for receiving documents for state registration.

that the developer would receive the money regardless of whether or when the share participation agreement is registered.

For a shareholder, this is the same as giving money to the developer right in the office when signing a share participation agreement.

That is, none of his interests are respected.

Other terms of the letter of credit

(irrevocability, etc.), of course, also needs to be checked and changed to eliminate the risks of the shareholder. For this, of course, it is better to contact a lawyer.

74. Developer civil liability insurance

By law, the developer is not required to insure his civil liability for failure to fulfill or improper fulfillment of obligations to transfer a property to a participant in shared construction.

Therefore, if the developer has insured such liability, then this is a plus in his favor.

Often people think

seeing that the developer's liability is insured, that if they do not receive the apartment on time, they will be able to receive compensation at the expense of the insurance company. This is wrong.

For example, only the case of bankruptcy of the developer can be recognized as an insured event.

Note,

what risks are the subject of insurance: they are indicated in the insurance policy itself (developers usually like to demonstrate it) or in the insurance rules, which can be viewed on the insurance company’s website.

75. Reliability of the insurance company

If the developer does not deliver the property and all shareholders run to receive insurance compensation, will the insurance company have enough money for everyone?

We saw

situations when, for example, if a tour operator goes bankrupt, the insurance company that insured its liability also goes bankrupt.

Therefore, it is worth checking the reliability of the insurance company as well as the reliability of the developer himself.

insurance company, read reviews about it, etc. There is a simple and proven way to assess the reliability of an insurance company. If this is the first time you have heard about such an insurance company, then most likely it cannot be classified as reliable.

76. Consultation with litigation lawyers in your city/region

No one knows the possible risks as well as a trial lawyer.

Find it here

in the city there are trial lawyers who deal with disputes in courts with developers.

Consult with them, ask what information they have regarding a particular developer or property.

Visit at least 3-5

lawyers in your city. Compare what they tell you and advise you.

Check your experience

lawyer: ask to show you the cases won by the lawyer.

The court decision indicates who represented the interests of the plaintiff in court.

To trust a lawyer’s opinion, he must have many such decisions.

From year to year, a large number of people choose to buy an apartment in a building under construction. This is not surprising, since such a purchase is several times cheaper, especially at the early stage of construction.

The attractiveness of such a purchase is quite high, but the risks are no less high. Every buyer of real estate under construction faces questions: will the house be completed and what quality will it be?

You can learn more about developers at the exhibition “Real Estate from Leaders”, which will be held in Gostiny Dvor (Ilyinka, 4).

Primary selection of developers

Before concluding an agreement with a developer, try to find as much information as possible about him, study the statistics of houses built, find out whether there have been any legal disputes with shareholders and compare prices.

Various sources are suitable for finding information, such as:

• Internet

  Look for information on the official website about completed projects or chat on the forum with those who have already purchased housing from this developer. Look at photos and videos of a house under construction and evaluate the speed of construction.

• mass media

  Study articles in newspapers and magazines, as well as television reports, but do not forget that some materials may be advertising.

• Reviews from friends

  Perhaps one of your friends has already had experience of buying an apartment in a building under construction. Talk to them. Personal experience is the most valuable. In addition, you will be able to immediately find out about the approximate further investments related to the renovation of a new apartment.

• Tour of the facility

  Go to a construction site. There you can find workers and talk to him about how quickly construction is going and find out what forecasts they give.

What documents should I look for?

After you have collected all kinds of information about developers and have chosen the right one for yourself, it’s time to check the documents.

It is necessary to request constituent documents: charter, certificate of assignment of OGRN and TIN.

Also ask for a building license and be sure to check its validity period.

In addition, the developer is obliged to provide you with documents confirming his rights to the land plot, a construction permit and project documentation.

You can learn more about the documents that the developer must have at the exhibition “Real Estate from Leaders”, which will be held in Gostiny Dvor (Ilyinka, 4).

To get to the exhibition you need to register on the website, download a ticket and print it.

What should be in the contract?

At the moment, the safest agreement for a shareholder is an agreement on shared participation in housing construction, which must be registered with Rosreestr, which completely eliminates double sales.

But there are other agreements that the developer can offer, for example: an agreement for the assignment of rights of claim or an agreement for the accumulation of shares in a housing cooperative.

Whatever the contract, it must include:

• Address of the future house,
• Cadastral number of the plot
• Floor and preliminary apartment number
• Layout, size and finish
• Due date

In addition to the main contract, a good developer must issue a real estate insurance contract. By signing it, you can protect yourself from stopping construction due to bankruptcy or a natural disaster.

Developer rating

• "DONSTROY"
• "PEAK"
• "Group Etalon"
• FSK "Leader"
• "YIT Moskovia"
• "YIT CityStroy"
• "Construction company LSR. Real Estate-Moscow"
• "Barkley"