Registration of assignment of claims under a lease agreement. Buying an apartment by assignment. What is an assignment, the purchase scheme in a new building and the specifics of the contract execution State registration of the assignment of claims

1. Agreements for the assignment of rights of claim under an equity participation agreement, subject to state registration:

PPF (Simple written form), with a seal and a mark of approval from the developer’s company - at least 3 copies (stitched, numbered, certified by stitching by the parties to the transaction);

2. Title documents for the property - Equity Participation Agreement (original);

If the assignment agreement does not indicate that the buyer has fulfilled his obligations to pay the cost of the apartment, a certificate from the developer is required.

3. If trustees are involved in the transaction, then a notarized power of attorney (original) is attached to the list of documents;

For sellers:

For those who were married at the time of acquisition - a notarized consent of the spouse for the alienation of real estate (original), a notarized copy of the marriage certificate;

The notarized consent of the former spouse (original) is accompanied by a notarized copy of the divorce certificate and the original certificate from the registry office;

For those who were not married at the time of purchase - a notarized statement (with the wording - at the time of purchase of the apartment (room) he was not married) (original);

For buyers:

For those currently married - a notarized consent of the spouse to purchase real estate (original), a notarized copy of the marriage certificate;

For those who are not currently married - a notarized statement (with the wording - at the time of purchasing the apartment (room), I am not married) (original);

If the sellers/buyers are spouses, a notarized copy of the marriage certificate is attached.

If the seller/buyer is a legal entity, all statutory documents of the legal entity (notarized copies), as well as a certificate/protocol on the transaction (according to Article 78, Article 79 of the Federal Law “On Joint-Stock Companies”) are attached to the above documents ( On JSC) dated December 26, 1995 No. 2008-FZ (original).

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legal entities

SAMPLE LIST OF DOCUMENTS,

WHAT IS NECESSARY FOR REGISTRATION OF THE ASSIGNMENT OF RIGHTS OF CLAIM UNDER THE AGREEMENT OF PARTICIPATION IN SHARE CONSTRUCTION

Statements by the parties to the agreement on the assignment of claims rights (their representatives) for registration (Clause 1, Article 16 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”). For representatives of legal entities - powers of attorney to perform all necessary actions for registration (clause 1, article 16 of the Federal Law “On state registration of rights to real estate and transactions with it”, article 185 of the Civil Code of the Russian Federation, clause 15 of the Methodological recommendations on the procedure for conducting state registration of rights to real estate and transactions with it, approved by Order of the Ministry of Justice of the Russian Federation dated January 1, 2001 No. 000 (hereinafter referred to as the Methodological Recommendations)). Documents confirming the powers of the heads of legal entities (clause 4 of article 16 of the Federal Law “On state registration of rights to real estate and transactions with it”, clause 15 of the Methodological Recommendations). Certificates of state registration of legal entities (clause 22 of the Methodological Recommendations). Certificates of registration of legal entities with the tax authority (clause 22 of the Methodological Recommendations). Constituent documents of legal entities with all current amendments and additions (clause 4 of article 16 of the Federal Law “On state registration of rights to real estate and transactions with it”). An extract from the Unified State Register of Legal Entities issued by the relevant authority for registration of legal entities (clause 22 of the Methodological Recommendations). For representatives of the parties to an agreement on the assignment of rights of claim - notarized powers of attorney (Clause 1, Article 16 of the Federal Law “On state registration of rights to real estate and transactions with it”, Article 185 of the Civil Code of the Russian Federation). Document confirming payment of the state duty (Clause 4, Article 16 of the Federal Law “On state registration of rights to real estate and transactions with it”, Articles 333.33, 333.35 of the Tax Code of the Russian Federation). An agreement for participation in shared construction registered in the Unified State Register (Article 11, 17 of the Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”). A document confirming the fulfillment of monetary obligations under the agreement for participation in shared construction (certificate, extract from the protocol) (Article 5, Article 11 of the Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation ", Article 486-489 of the Civil Code of the Russian Federation) or a document (agreement) confirming the transfer of debt to a new participant in shared construction (Article 11 of the Federal Law "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts Russian Federation", Art. 391-392 of the Civil Code of the Russian Federation). Information provided by the developer that the transfer deed or other document on the transfer of the shared construction project has not been signed (Article 11 of the Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”). The title document is an agreement on the assignment of rights of claim (clause 1 of Article 17 of the Federal Law “On state registration of rights to real estate and transactions with it”, Article 17 of the Federal Law “On participation in shared construction of apartment buildings and other real estate and on making changes in some legislative acts of the Russian Federation"). Certificate of presence or absence of persons interested in completing the transaction (Articles 81, 83 of the Federal Law “On Joint-Stock Companies”, Article 45 of the Federal Law “On Limited Liability Companies”). Decisions of the competent authorities of legal entities on the possibility of concluding an agreement if the transaction is classified as a major transaction or a transaction in which there is an interest (Articles 78, 79 of the Federal Law “On Joint-Stock Companies”, Article 46 of the Federal Law “On Limited Liability Companies”).

All of the above documents, except for the application for state registration, are submitted in at least two copies, one of which is the original.

In accordance with clause 4 of Article 16 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” an identification document is presented.

If necessary, in accordance with the requirements of current legislation, additional documents may be required.

Note: in accordance with the rules of office work, documents on two or more sheets must be bound, numbered and sealed by the organization that issued them.

Support of real estate transactions
Real estate registration
Registration of rights to real estate and transactions with it
Registration of a real estate lease agreement
Registration of real estate purchase and sale agreement
Registration of operational management rights
Receiving BTI documents
Obtaining an extract from the Unified State Register of Real Estate
Donation of real estate
Registration of ownership of real estate
Registration of real estate pledge
Registration of an annuity agreement
Registration of a mortgage agreement
Registration of a share participation agreement in construction
- Registration of an assignment agreement
- Termination of a contract for shared participation in construction
Inheritance of real estate
Privatization of real estate
Real estate registration
Registration of ownership rights to real estate
Questions and answers

How to register an agreement for the assignment of rights of claim under an agreement for participation in shared construction (if the construction permit was issued after 04/01/2005)

State registration of rights to real estate and transactions with it is a legal act of recognition and confirmation by the state of the occurrence, limitation (encumbrance), transfer and termination of rights to real estate. State registration is the only evidence of the existence of a registered right.

Sequence of actions of the applicant

What documents are required

1. Application for state registration:

agreements for the assignment of rights of claims under an agreement for participation in shared construction - represented by the parties to the agreement;
mortgages by force of law - represented by the person to whom the rights are assigned (mortgagor), or a representative of a bank, other credit organization, or other legal entity (mortgagee) in cases where payment for construction is carried out in whole or in part using credit or borrowed funds.

If the agreement is notarized, the application for state registration can be submitted by the notary who certified the agreement or his assistant. If the application is submitted by a representative of the party (parties) to the transaction, the pledgee, it is necessary to submit a notarized power of attorney. The application form can be downloaded from the Rosreestr website and obtained from the Rosreestr, Cadastral Chamber and MFC offices.

2. Identity document of the applicant.3. Registered agreement for participation in shared construction(original, returned to the applicant).

4. Agreement on assignment of the right of claim with all amendments and annexes(if the agreement is made in simple written form - the original, at least 2 copies; if the agreement is notarized - at least 2 copies, one of which is the original).

For legal entities Additionally, you will need constituent documents (original or copy certified by a notary or head of a legal entity), as well as documents confirming the authority of a representative of a legal entity to act on its behalf (original or notarized copy). For legal entities, a decision of the competent authority of the legal entity may be required to approve a major transaction or a transaction in which there is an interest.

The following documents may be needed:

If the agreement is signed by a representative of a party to the agreement - a document confirming the authority of the representative to sign the agreement (original and copy).
If a mortgage arises by force of law - the agreement from which the obligation secured by the mortgage arose (original and copy).
If a mortgage is drawn up when a mortgage arises by force of law - the mortgage and the documents named in the mortgage as attachments (original and copy).
If the assignment is made before the full price of the contract is paid simultaneously with the transfer of the debt to a new participant in shared construction - the developer’s written consent to the assignment of the right of claim under the contract (original and copy).
If the rights of claim under the agreement for participation in shared construction are pledged, the written consent of the mortgagee to the assignment of the right of claim (original and copy).

For individuals you may need:

Notarized consent of the other spouse to conclude an agreement or a document indicating that the property being created does not become the joint property of the spouses (prenuptial agreement, agreement on the division of common property of the spouses, court decision on the division of property and determination of the shares of the spouses - original and copy; court decision - copies in 2 copies).
Permission from the guardianship and trusteeship authority for the assignment by legal representatives of the right to claim under the agreement, if the participant in the shared construction is a minor (under 14 years old) or incompetent, for the assignment to minors (from 14 years old) or a participant in the shared construction with limited legal capacity of the right to claim under the agreement for participation in the shared construction.

The applicant may optionally submit a document confirming payment of the state fee. If confirmation of payment of the fee has not been received from the applicant, Rosreestr will request it within the framework of the interdepartmental information interaction system*. If information about payment is not available in the State Information System on state and municipal payments, documents for registration of rights will not be considered and will be returned to the applicant.

* You can check the possibility of obtaining confirmation of payment of the state duty through interdepartmental cooperation on the Rosreestr website, from the operator of the call center or from a specialist in the office.

Terms of provision and cost of services

For registration of an agreement for the assignment of rights of claim under an agreement for participation in shared construction for individuals and legal entities, a state fee of 200 rubles is charged, divided by the number of parties to the agreement. By law, no state fee is charged for registering a mortgage.

The original agreement with the registration signature is issued to the applicant within no more than 18 calendar days from the date of receipt of the application and documents by the body carrying out state registration of rights. If a decision is made to refuse state registration, a notice of such refusal must be sent to the applicant no more than 5 days after the end of the established registration period.

Possible reasons for suspending state registration of rights:

lack of necessary documents or information requested by interdepartmental requests;
the state registrar has doubts about the existence of grounds for state registration of rights, the authenticity of the documents submitted or the reliability of the information specified in them;
a written statement from the party(ies) to the transaction or their representatives;
receipt of a court ruling or decision, including a ban on registration actions.

Possible reasons for refusal of state registration:

an inappropriate person applied for state registration;
the submitted documents in form or content do not comply with the requirements of current legislation;
documents required for state registration have not been submitted, if the obligation to submit them lies with the applicant;
there are contradictions between the declared and already registered rights;
the response of a state authority or local government body to an interdepartmental request indicates the absence of a document and information necessary for state registration of rights, if the corresponding document is not submitted by the applicant on his own initiative.

For detailed information, visit the Rosreestr website or contact a specialist in the office.

How to submit documents

You can register an agreement on the assignment of rights of claim under an agreement for participation in shared construction in any of the following ways:

1. Contact the office of Rosreestr or the Cadastral Chamber.

Make an appointment in advance:

on the official website of Rosreestr in the “Offices and Receptions” section;
via a single number of the Rosreestr call center.

2. Submit documents to the multifunctional center for the provision of state and municipal services (MFC). Make sure that the MFC provides this service.

3. Send the notarized documents by mail with a description of the attachment and a notification of delivery to the office of Rosreestr or the Cadastral Chamber at the location of the property.

4. Submit an application and the necessary documents, signed electronically, on the Rosreestr website in the “Electronic Services” section*.

* Check the possibility of providing documents for this service electronically on the Rosreestr website, with the operator of the call center or with a specialist in the office. You can quickly track the status of consideration of your application using the electronic service “Checking the status of a request” on the Rosreestr website, regardless of how you submitted the documents.

Department for Monitoring and Improving the Quality of Public Services of Rosreestr

The applicant does not agree with the refusal to register the agreement for shared participation in construction and additional agreements thereto

1. State registration of an agreement for participation in shared construction is carried out on the basis of an application from the parties to the agreement (developer, participant in shared construction).

2. For the state registration of an agreement for participation in shared construction, concluded by the developer with the first participant in the shared construction of an apartment building and (or) other real estate, along with the documents provided for by this Federal Law for the state registration of an agreement for participation in shared construction, the following are required:

1) building permit. The applicant has the right not to submit a construction permit. If a construction permit is not submitted by the applicant, the registration authority obtains a construction permit through information interaction of the federal state information system for maintaining the Unified State Register of Real Estate with the unified information system for housing construction, and in the absence of relevant information in the specified system, requests a construction permit ( information contained in the construction permit) in the authority that issued the construction permit, which submits it within no more than two working days from the date of receipt of the request from the rights registration authority;

(see text in the previous edition)

2) a plan of the apartment building being created, other real estate object, indicating its location, the number of residential and non-residential premises, parking spaces, the planned area of each of the specified premises and parking spaces located in the apartment building being created, other real estate object;

3) project declaration. The applicant has the right not to submit a project declaration. If the project declaration is not submitted by the applicant, the rights registration authority receives it through information interaction of the federal state information system for maintaining the Unified State Register of Real Estate with the unified housing construction information system;

(see text in the previous edition)

6) a guarantee agreement for the obligations of the developer, the size of the authorized capital of which is concluded in accordance with Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” does not comply with the requirements of the Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation”, under agreements of participation in shared construction of an apartment building;

7) lists of citizens who have the right to purchase standard housing, which was built or is being built on land plots of a unified development institute in the housing sector or on land plots for which state ownership is not delimited, which the unified institute for development in the housing sector disposes of on behalf of the federal executive body authorities exercising the functions of managing federal property, and which are transferred for free use or lease for the construction of standard housing, including for their comprehensive development for the purpose of constructing such housing, or lease for the construction of the minimum required volume of standard housing, including for their comprehensive development for the purpose of constructing standard housing and other housing construction in the minimum required volume, in the manner and under the conditions provided for by Federal Law No. 161-FZ of July 24, 2008 “On promoting the development of housing construction.” If the applicant does not submit the specified lists, the registration authority requests the specified lists from the authorized local government body, which approved the specified lists in accordance with the Federal Law of July 24, 2008 N 161-FZ "On Promoting the Development of Housing Construction" and is obliged to submit the requested information within no more than two business days from the date of receipt of such a request.

(see text in the previous edition)

3. Upon state registration of each agreement for participation in shared construction, providing for the transfer of residential premises, parking spaces, non-residential premises, defined in subparagraph 3.1 of paragraph 1 of Article 201.1 of the Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)”, the fact of payment by the developer of mandatory deductions (contributions) to the compensation fund is verified in the manner prescribed by the Federal Law "On a public law company for the protection of the rights of citizens participating in shared construction in the event of the insolvency (bankruptcy) of developers and on amendments to certain legislative acts of the Russian Federation" , according to the agreement of participation in shared construction submitted for state registration. This verification is carried out by the registration authority of rights by sending a request using a unified system of interdepartmental electronic interaction of the public law company "Fund for the Protection of the Rights of Citizens - Participants in Shared Construction", which is obliged to provide the requested information no later than one business day following the day the authority's request was received registration of rights.

(see text in the previous edition)

4. The registration authority for rights during the state registration of subsequent agreements for participation in shared construction of an apartment building and (or) other real estate does not have the right to request documents that were previously submitted for state registration of an agreement for participation in shared construction concluded by the developer with the first participant in the shared construction of an apartment building and (or) another piece of real estate, and placed in the registry file.

5. Within five working days from the date of state registration of the agreement for participation in shared construction, concluded by the developer with the first participant in the shared construction of an apartment building and (or) other real estate, the rights registration authority sends a notification about this to the supervisory authority at the email address of the controller organ.

5.1. Within one working day from the date of state registration of the agreement for participation in shared construction or refusal of its state registration, as well as entering into the Unified State Register of Real Estate information about the termination, termination or unilateral refusal of one of the parties to execute the agreement for participation in shared construction, the authority registration of rights, using a unified system of interdepartmental electronic interaction, sends information about this to the public law company "Fund for the Protection of the Rights of Citizens - Participants in Shared Construction", including information about the cadastral number of the land plot on which the construction of an apartment building and (or) residential building is taking place blocked development, consisting of three or more blocks, information about the developer to the extent provided for by the procedure for maintaining the Unified State Register of Real Estate. In case of state registration of an agreement for participation in shared construction, information about the registration number, details of the agreement for participation in shared construction, a description of the shared construction object indicating its area in accordance with the agreement for participation in shared construction are also sent.

(see text in the previous edition)

6. Upon state registration of an agreement for participation in shared construction, additional information is also entered into the Unified State Register of Real Estate:

(see text in the previous edition)

3) about the bank in which, in accordance with the agreement for participation in shared construction, a special escrow account must be opened for the escrow of funds to pay the price of such an agreement;

4) about the guarantor (co-guarantors) who entered into a guarantee agreement for the obligations of the developer, the amount of the authorized capital of which does not meet the requirements of Federal Law of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate and on amendments to some legislative acts of the Russian Federation", under agreements of participation in shared construction of an apartment building.

6.1. For state registration of an agreement for participation in shared construction, concluded by the Moscow Fund for Assistance to the Renovation of the Housing Stock, created in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation", with participants in the shared construction of an apartment building and (or ) other property, the provision of documents provided for in paragraphs 4 - 6 of part 2 of this article is not required, and the provisions of parts 3 and this article do not apply.

6.2. If the developer attracts funds from participants in shared construction using escrow accounts in the manner prescribed by 15.5 of the Federal Law of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts Russian Federation", the provisions of part 3 of this article do not apply.

6.3. The provisions of paragraphs 54, , , 57 of part 1 of Article 26 of this Federal Law do not apply if the developer concludes agreements for participation in shared construction with the public law company "Fund for the Protection of the Rights of Citizens - Participants in Shared Construction" for the purpose of financing activities to complete the construction of unfinished construction projects in the manner prescribed by 201.8-2

6.4. The provisions of Part 3 of this article do not apply if the developer concludes agreements for participation in shared construction in accordance with Part 7.1 of Article 18 of the Federal Law of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate and on making changes in certain legislative acts of the Russian Federation", with the public law company "Fund for the Protection of the Rights of Citizens - Participants in Shared Construction" in order to finance activities to complete the construction of unfinished construction projects in the manner prescribed by 201.8-2 of the Federal Law of October 26, 2002 N 127 - Federal Law "On Insolvency (Bankruptcy)".

7. If the registration authority has received a notification from the regulatory authority that the developer does not have the right to raise funds from citizens who are participants in shared construction for the construction (creation) of apartment buildings in the cases provided for by Federal Law of December 30, 2004 N 214- Federal Law "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation", or a notification to the public law company "Fund for the Protection of the Rights of Citizens - Participants in Shared Construction", specified in paragraphs 1 and 2 of part 5.2 Article 11 of the Federal Law "On a public law company for the protection of the rights of citizens - participants in shared construction in the event of insolvency (bankruptcy) of developers and on amendments to certain legislative acts of the Russian Federation", in the Unified State Register of Real Estate in relation to registered agreements for participation in shared construction of apartment buildings houses and rights to land plots on which the construction (creation) of such apartment buildings is carried out, additional information is also entered about the lack of the specified right by the developer. The entry on the additional information entered about the lack of the developer's right to attract funds from citizens who are participants in shared construction for the construction (creation) of apartment buildings is canceled on the basis of a notification from the regulatory body or the public law company "Fund for the Protection of the Rights of Citizens - Participants in Shared Construction" on compliance developer to the requirements established by Federal Law of December 30, 2004 N 214-FZ "On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation", and its compliance with financial stability standards established by the Government of the Russian Federation .

(see text in the previous edition)

8. An application for entering into the Unified State Register of Real Estate information about the termination or termination of the agreement for participation in shared construction may be submitted by one of the parties to the agreement for participation in shared construction with the attachment of documents confirming the termination or termination of the agreement. If a party to an agreement for participation in shared construction unilaterally refuses to fulfill the agreement, a copy of the notice of the other party to the agreement about the unilateral refusal to perform the agreement in the form of a registered letter with a postmark is attached to the application, and if the agreement is terminated in court - a copy a court decision on termination of the contract that has entered into legal force, certified in the prescribed manner by the court that made the decision. The rights registration authority, when submitting an application from one of the parties to such an agreement, within one business day is obliged to send a notification about this to the other party to the agreement at the email address specified in the agreement. If there is no email address in the contract, notification is sent in writing by mail.

9. The registration authority for rights within five working days from the date of entry into the Unified State Register of Real Estate information about the termination, termination or unilateral refusal of one of the parties to execute the agreement for participation in shared construction, which provides for the obligation of the participant in shared construction to contribute funds to pay the price agreement for participation in shared construction to a special escrow account in a bank, is obliged to send to the bank in which, in accordance with such agreement, an escrow account must be opened, to the email address specified in the agreement for participation in shared construction, the bank in which the collateral account is opened , if the rights of claim under the agreement for participation in shared construction are pledged, to the email address specified in the agreement for participation in shared construction or in the agreement for the pledge of rights of claim under such an agreement, notification of the repayment in the Unified State Register of Real Estate of the entry on the state registration of the participation agreement in shared construction.

11. For the state registration of the right of a participant in shared construction to a shared construction object, along with the documents provided for by this Federal Law for the state registration of such a right, the following are also necessary:

1) permission to put into operation an apartment building and (or) other real estate, which includes a shared construction project, received by the rights registration authority in the manner prescribed by Article 19 of this Federal Law. If the rights registration authority has not received such permission for commissioning in the specified order, the rights registration authority receives such permission for commissioning through information interaction of the federal state information system for maintaining the Unified State Register of Real Estate with the unified information system for housing construction, and if In the absence of relevant information in the unified housing construction information system, the developer, on his own initiative, has the right to transfer a permit for the commissioning of an apartment building and (or) other real estate object, which includes a shared construction project, or a notarized copy of this permit to the rights registration authority for the state registration of ownership rights of participants in shared construction for shared construction objects no later than ten working days after receiving this permission; 11.1. Simultaneously with the state registration of the ownership rights of the participant in shared construction to the shared construction object, the record on the state registration of the agreement for participation in shared construction is cleared.

12. Within five working days from the date of refusal of state registration of an agreement for participation in shared construction, an agreement on the assignment of rights of claims under an agreement for participation in shared construction, the rights of a participant in shared construction to a shared construction object, the rights registration authority notifies the regulatory authority of this refusal at the address e-mail of the regulatory authority.

an apartment in a new building can be offered to the Buyer by an existing shareholder who entered the project at earlier stages of construction ( entered into a DDU - Equity Participation Agreement) and, without waiting for completion of construction, assigns its rights new shareholder ( To the buyer). Moreover, he is inferior precisely right of claim , because ownership for an apartment in an unfinished building does not yet exist.

Then like this Agreement on assignment of rights of claim under the Share Participation Agreement in construction ( like DDU itself) also passes.

If assignment of rights occurs under a different type of contract ( except DDU), then registration Assignment agreements Not happening. For the Buyer, in this case, the risk of loss increases ( non-receipt) rights to the apartment.

Another type of contract ( except preschool education), according to which rights can also be assigned, it happens when, for example, a contractor or co-investor of the construction paid off with the completed apartments, and the contractor/co-investor then inferior ( assigns) your right ( right to claim an apartment under a contract) to the final Buyer of the apartment. In this case, the contractor may have rights to apartments, for example, under an investment agreement or under an agreement of offset with Developer (not DDU).

The “plus” in the option with a contractor is that the contractor ( when he urgently needs money for an ongoing construction project) can put up part of its apartments for sale at prices lower than Developer.

The “minus” of the option with a contractor is that there are much higher risks for the Buyer compared to assignment of rights based . here is that rights the contractor himself for a specific apartment may not be clearly defined, or the contractor may not fulfill his obligations to Developer, which means it rights to apartments may be disputed. That is, if the head ( Contract between contractor and developer), That assignment of rights on it- Same.

Besides, assignment of rights In this case, the contractor does not register with , which means that the contractor has the opportunity to sell the same apartment by assignment repeatedly.

Assignment of rights of claim under the Equity Participation Agreement (DPA)

If buy an apartment under an Assignment Agreement, then it is recommended to enter into it only in the case when concession happens on the basis Share participation agreements (DPA), with registration in Rosreestr. Then the risks of such a transaction for the Buyer will be minimal.

Sample Agreement for the assignment of rights of claim under the Equity Participation Agreement presented below.

We also note that when assigning rights, the Seller ( former shareholder) is responsible to the Buyer ( new shareholder) totally agree validity of transferred rights , and is NOT responsible for failure to fulfill obligations Developer. That is after assignment of claims, The buyer will resolve all issues relating to the construction of the house and the implementation or change of the terms of the main contract ( DDU) no longer with the previous shareholder, but directly with Developer.

Assignment of the right of claim does not terminate the original Share participation agreements , but only changes the parties’ obligations under this agreement DDU . Accordingly, all terms of the existing agreement are fully preserved ( DDU), in particular this applies to the construction period and conditions for the transfer of the apartment. All rights, as well as the obligations of the original shareholder, are transferred in full to the new participant in shared construction.

If the shareholder ceding right of claim, have not yet paid the full amount To the developer for an apartment under construction, then together with the sale rights of claim happens and debt transfer to the new shareholder ( To the buyer). with the obligatory written consent of the Developer– Will open in a new tab.">Article 391 of the Civil Code of the Russian Federation.

So that the remaining debt to Developer did not surface unexpectedly for the Buyer and did not “hang” on him, he should obtain from Developer payment reconciliation report the original shareholder. From this reconciliation report it will be clear whether the original shareholder has paid the entire amount for the apartment, or whether he still has a debt to Developer. If the debt remains, then part of the amount Agreement of assignment goes to pay off the balance of the debt To the developer, and the remaining part is transferred to the Seller.

Assignment of the right of claim to the apartment by the original shareholder can only occur BEFORE signing by him. This is due to the fact that after signing the act Developer is considered to have fulfilled its obligations under the contract and ceases to be a debtor under the obligation.

If Transfer and Acceptance Certificate has already been signed, but ownership of the apartment has NOT yet been registered, then the original shareholder can only sell it at. And after registering the property, it’s business as usual.

The Developer's consent to the assignment of rights to claim the apartment

According to the law, in general, agreement Developer upon conclusion - not necessary ( Law FZ-214). But the law ( Civil Code of the Russian Federation), however, allows you to specify in the initial DDU condition of mandatory written consent Developer on assignment of rights under such an agreement. In this case, the shareholder will have to fulfill this condition ( and sometimes even pay the Developer for his consent).

Wherein Developer has a legal right refuse assignment , if the original shareholder has not yet paid the full amount under his agreement DDU.

If assignment of claims occurs WITHOUT consent Developer, then the Buyer should in any case notify him in writing about this event, otherwise he ( Buyer) bears risk of possible adverse consequences caused by the assignment (Opens in a new tab.">Clause 3 of Article 382 of the Civil Code of the Russian Federation). In particular, because of this, the Buyer may be deprived of the opportunity to demand from Developer penalties or penalties for violation of construction deadlines.

Registration of the Agreement on assignment of rights of claim

State registration Agreements for the assignment of rights of claim occurs only if the original agreement was also subject to registration in Rosreestr. That is, only in the case when the assignment is made on the basis DDU.

For registration of the Agreement on assignment of rights of claim The following documents are needed:

Registered ( the one in which the rights are assigned; it is subsequently transferred to the Buyer);
Myself Agreement on assignment of rights of claim (signed by the parties and submitted for registration, at least 2 copies);
Written agreement Developer for assignment of rights and transfer of debt ( if payment under the DDU was not made in full by the Seller, or if such consent is expressly provided for in the DDU);
Notarized consent of the Seller's spouse to complete the transaction, or a document indicating that the assigned property rights are not ( marriage contract, agreement of spouses or court decision on the division of common property of spouses);
to assign rights if the participant in shared construction is a minor or incapacitated;
Application for registration of the Agreement on assignment of rights of claim ( from the Seller and from the Buyer);
Application from the Buyer to register a mortgage by force of law ( );
Loan agreement with the bank, mortgage and documents named in the mortgage ( if the purchase is made using bank credit funds);
Notarised power of attorney ( if the transaction involves authorized representatives of the Seller and/or Buyer);
Receipt of payment of the state fee for registration.

If the Seller – entity , then for registration you will also need the constituent documents of this legal entity and a document confirming the authority of its representative to act on behalf of the legal entity. For joint-stock companies, minutes of the decision of the shareholders meeting to approve a major transaction may be required.

Where to submit documents for registration Agreements for the assignment of rights of claim By Share participation agreement? Here everything is as usual - the entire package of documents is submitted to the MFC “My Documents” ( in Moscow, for example). In other cities of Russia, documents for registration can be submitted both to the MFC and to local branches Rosreestr.

After registration assignment of rights, the Buyer must remember to take it back from the previous shareholder original DDU . The Buyer will need it later, when registering his ownership for a completed apartment.

Cash settlements under the Assignment Agreement carried out in the same way as with conventional ( see link).

By the way, the seller should not forget that when selling ( concession) of his property rights, he must pay income tax . You can find out about the calculation in the corresponding section of the Glossary here.

Registration of an assignment agreement with Rosreestr is only necessary in a few cases. We will tell you in more detail in this article about what circumstances entail the need to register a transaction, whether it is necessary to register the transfer of rights, and what consequences will result from evading an application to the authorized bodies.

Form of assignment agreement

The rules for registering an assignment, i.e. the assignment by the assignor (original creditor) to the assignee (new creditor) of the right of claim against the debtor, depend on the form in which the initial agreement was concluded between the assignor and the debtor (Article 389 of the Civil Code):

if the transaction was concluded in simple written form, it is enough to draw up the document on paper;
if powers are transferred under an agreement in notarial form, for example under an annuity agreement, you will have to contact a notary for certification of the assignment agreement;
if rights are assigned under a transaction subject to state registration, one of the stages of the assignment will be an application to the registering authority.

NOTE! In accordance with Art. 164 of the Civil Code, the legal consequences of a transaction for which there is a requirement for state registration occur only after it. Accordingly, failure to submit an assignment agreement to Rosreestr will mean that the agreement between the assignor and the assignee does not give rise to legal consequences.

In this case, the parties need to take into account the position of the Supreme Court, which indicated that failure to comply with the established procedure for state registration of a transaction does not entail negative consequences for the debtor, who, having received a notice of assignment from the assignor, provided the new creditor with execution (clause 2 of the resolution of the Plenum of the Supreme Court dated December 21, 2017 No. 54).

When is registration of an assignment agreement required in Rosreestr?

One of the functions of the Federal Service for State Registration, Cadastre and Cartography (abbreviated as Rosreestr) is the state registration of real estate transactions and rights to such property (clause 1 of the Regulations, approved by Decree of the Government of the Russian Federation of June 1, 2009 No. 457).

However, not all contracts related to the transfer of rights to real estate need to be submitted to Rosreestr for registration. For example, there is no need to contact the Federal Service with a request to register an agreement if agreements have been concluded to change the creditor in a transaction for the purchase and sale of an apartment, house, land or other real estate (Article 551 of the Civil Code), even if it is part of the enterprise (ch 8 Article 2 of the Law “On Amendments...” dated December 30, 2012 No. 302-FZ).

You only need to apply to Rosreestr to register a transaction, the subject of which is a change of creditor, in two cases:

if the original agreement concerned the lease of real estate (Article 609 of the Civil Code);

IMPORTANT! If a building or structure is rented, then registration is required only if the agreement is concluded for at least a year (Article 651 of the Civil Code), however, if such a building or structure is included in the enterprise, then the rental period does not matter (Article 658 of the Civil Code) .

if the original agreement concerned participation in shared construction (Article 48 of the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ).

Procedure for registering an assignment agreement

There is currently no separate regulatory act establishing the procedure for registering transactions by Rosreestr, therefore, if it is necessary to notify the state body about the conclusion of an assignment agreement, the applicant should be guided by the provisions of Law No. 218-FZ and be guided by the provisions of the Administrative Regulations, approved. by order of the Ministry of Economic Development dated 06/07/2017 No. 278.

To register the agreement you must:

Prepare a package of documents. It will vary. For example, if the rights of a participant in shared construction are transferred by assignment, it is necessary to have available (Part 10, Article 48 of Law No. 218-FZ):

agreement on the assignment of the right of claim;
a certificate issued by the developer or bank stating that the construction participant has fully or partially transferred the payment to the developer.

Pay the state fee.
Contact the registration authority with a package of documents. This can be done by personal application, sending documents by post or by filling out forms posted on the official website of the service.
Wait until the employees of the registration authority complete the necessary administrative procedures. These include:

registration of the application;
sending interdepartmental requests to obtain information from other government agencies;
legal examination of documents and verification of the legality of the assignment agreement;
registration itself, during which a note about the procedure performed is made on the contract.

Registration of the transfer of rights under an assignment agreement in Rosreestr

In addition to registering the agreement itself, the assignor and assignee must register the transfer of rights under it.

The transfer of rights is subject to registration not only in cases where the original agreement concerned the lease of real estate and participation in shared construction, but also in cases where the creditor changes in agreements relating to:

sale or donation of real estate;
alienation of real estate for payment of rent;
rental of a property complex (enterprise);
and in other cases provided for by law.

In this case, there is no need to go through the transaction registration procedure; the key will be the fact of transfer of rights recorded in the Unified State Register of Real Estate.

Procedure for registering the transfer of rights from the assignor to the assignee

The procedure for registering the transfer of rights between counterparties under an assignment agreement is established by the Administrative Regulations, approved. by order of the Ministry of Economic Development dated 06/07/2017 No. 278. In accordance with this act, the procedure begins with the submission by the applicant (the owner of the real estate, his representative or another person to whom such a right is granted by Law No. 218-FZ) of a package of documents, such as:

statement;
a document certifying the transfer of rights (in this case, both agreements);
map-plan of the territory, if in the agreement between the debtor and the creditor the transferred object was a land plot;
if a package of papers is presented by a representative, a document certifying his authority.

NOTE! The procedure for presenting documents was approved by order of the Ministry of Economic Development dated November 26, 2015 No. 883.

By the time of application, the applicant must pay the state fee. In accordance with paragraph 22 of Art. 333.33 of the Tax Code, its value as a general rule varies from 2 thousand for individuals to 22 thousand rubles. for organizations. However, the size of the state duty differs in some cases. For example, when alienating rights to an enterprise, the state duty can be up to 60 thousand rubles. (clause 21 of article 333.33 of the Tax Code).

There is no need to submit a receipt for payment of the duty to Rosreestr - service employees will receive this data from the State Information System on State and Municipal Payments (GIS GMP).

Registration is carried out within 7 working days after the official of the government agency receives the application and the documents attached to it (9 working days if the documents were submitted through the multifunctional center).

***

To summarize, it is necessary to once again pay attention to the difference in the grounds and procedures for registering a transaction and transferring rights under it. The transfer of rights to real estate is subject to accounting in any case, but registration of a transaction on the assignment of the right of claim is required only in 2 cases: if the original agreement concerned the lease of real estate (with some exceptions) or participation in shared construction.

Participation in shared construction under an agreement on the assignment of rights of claim is a fairly common form of transaction. Read about what pitfalls a contract for the assignment of rights in shared construction may contain, what documents are needed and what the procedure is in the article below.

Shared construction of apartment buildings is a profitable solution not only for purchasing your own residential premises at a reduced cost, but also for the opportunity to make quite promising investments - further resale or. Today, very often developers enter into equity participation agreements with legal entities, which are, in fact, their own independent affiliated company, but under the control of the developer. Most often, the subjects of the contract are either all the living spaces in the house or most of them. Next, according to the existing scheme, apartments are sold to citizens through the assignment of claims under an equity participation agreement.

What is a concession in shared construction?

The assignment of rights of claim under an agreement for participation in shared construction is a form of transaction in which one party transfers to the other the right to demand the fulfillment of obligations from third parties. This registration procedure has legal force only in cases of acquisition of residential premises in new buildings and applies to obligations previously arising on the basis of an agreement for participation in shared construction.

Important! The assignment of rights of claim under a shared participation agreement can be formalized in the period between the state registration of the said agreement and the fact of signing the acceptance certificate for the shared construction project. If the object has already been put into operation and there is a signed transfer and acceptance certificate, the parties can only conclude among themselves (Article 11 of Law No. 214-FZ).

The assignment of the right of claim does not terminate the original equity participation agreement, but only changes the parties to the obligations. Accordingly, all the terms of the earlier contract are fully preserved, in particular this concerns questions about the timing of work, the cost of the object and the developer’s warranty obligations. The rights, as well as the obligations of the original investor, are transferred in full to the new participant in shared construction.

We also note that the investor can be responsible to the new creditor participating in shared construction only for the validity of the transferred claim, but he is not responsible in case of failure to fulfill this requirement by the developer.

The assignment of claims under a shared participation agreement is based on the provisions of Article 11 of the Federal Law on Shared Construction No. 214-FZ, approved on December 30, 2004, and the norms of the Civil Code of the Russian Federation (Articles 382-390). The procedure for concluding an assignment agreement is prescribed in Chapter 24 of the Civil Code of the Russian Federation “Change of persons in an obligation.” The assignment agreement between both parties to the transaction is concluded in any written form without obtaining the consent of the developer (unless otherwise provided by the share participation agreement). An assignment in such a phenomenon as is regarded as a transfer of property rights, and can be made only until the ownership of a finished object is registered.

State registration of an assignment agreement in shared-equity construction is carried out within seven working days from the date of submission of the application and relevant documents.

In order to reduce the risk of being among defrauded shareholders, before concluding an agreement for the assignment of claims, you should pay attention to the following points:

Information about the developer and all stages of construction, including the current period - it is necessary to collect as much information as possible from different sources.
Is there a certificate of registration of the main share participation agreement with the relevant government authorities?
The amount of monetary obligations that a participant in shared construction has to the developer, with confirmation of this fact by payment documents, as well as the timing and procedure for paying the cost of the contract. It is worth noting the fact that the subject of the assignment agreement, in this case an apartment in a building under construction, must be paid in full by the investor to the developer.
Mandatory clarification of information on the object for which, at the end of the contract, the participant acquires ownership rights (condition, area, floor, etc.).
An agreement on the assignment of rights of claim under a shared construction agreement is considered concluded only from the moment of registration with government agencies. Accordingly, no transfers of funds should take place until the assignment agreement is registered. If the seller-investor insists on fulfilling his conditions, the buyer has the right to demand that he include the terms of the deposit in the contract, namely: all payments made by the buyer before the state registration of the contract are a deposit, and the terms for the return of the deposit if the contract the assignment will not be registered within a certain period.

The risk of losing invested funds if the developer goes bankrupt has also not been canceled. The new one contains the procedure for citizens participating in shared construction to appeal to the arbitration court; it is also necessary to provide documents confirming the amount of the contribution made and to join the register of rights of participants in shared construction.

Important! After the agreement for the assignment of rights of claim is registered with the relevant authorities, the new participant in the transaction will be able to resolve all issues relating to the construction of the facility and changes to the terms of the main agreement only directly with the developer.

The shareholder has the right to unilaterally refuse the agreement on the basis of clauses of the Federal Law on Shared Construction, in particular:

In case of failure by the developer to fulfill the terms of the contract for the transfer of a shared construction project.
In case of failure by the developer to fulfill his obligations to timely eliminate deficiencies identified during acceptance of the property.
Insufficient level of quality of construction and repair work carried out in relation to the shared construction project and in other cases provided for by law.

A unilateral refusal of the participation agreement, together with a demand for the return of previously paid funds, is sent to the developer. Also, it is the developer, and not the investor, who is sued for the return of funds and interest for the use of money (Article 9 of the Federal Law 214 and Article 384 of the Civil Code of the Russian Federation), respectively, after the pre-trial dispute resolution procedure.

What documents are needed to conclude an agreement on the assignment of claims?

In order to carry out a transaction of assignment of claims under an equity participation agreement, the following package of documents is required:

An agreement on shared participation in construction, registered with the relevant government service.
A payment document that confirms the payment of funds by a participant in shared construction (a certificate from the developer, a payment order on the bank’s letterhead stating that the payment has been made).
Documents confirming the seller's ownership of the property (information from the developer, extract from the Unified State Register from Rosreestr).
The consent of the second spouse to conclude an agreement for the assignment of the right of claim, certified by a notary. If the seller does not have a marriage stamp, he can provide a written statement in any form stating that he is not married and the object of sale is his property.
If assignment of claims agreements have already been previously concluded in relation to the property, all previous documents must be checked, starting from the first transaction with the developer.

How is payment made under an assignment agreement in shared construction?

According to Federal law, an agreement on the assignment of the right of claim can be concluded only after payment has been made in full or the debt has been officially transferred to a new participant in shared construction. In case of full payment of the requirements, the transfer of rights to another person occurs without the consent of the developer (except for cases provided for in the contract). In cases where the payment of claims is not made in full, the new participant in shared construction has the right to claim only to the extent in which the payment of the first participant was made, while the new participant simultaneously assumes obligations to pay the remaining amount of the debt in accordance with the shared agreement participation. In the same case, when concluding a transaction for the assignment of the right of claim, it will be necessary to obtain the written consent of the developer. Payment under an assignment agreement in shared construction by the buyer to the seller is most often made at the time of signing the agreement before its registration in Rosreestr.

The procedure for purchasing an apartment under an agreement on the assignment of rights of claim from a contractor

In shared construction, there are quite often cases when the contractor or supplier of materials acts as the first investor. If the initial investor is a contractor, in this case a simple scheme for purchasing an apartment applies: a contract is concluded between the developer and the contractor with further step-by-step offset of the cost of the work as it is completed to pay for the purchased objects. The buyer needs to check:

agreement of shared participation in construction;
work agreement;
documents confirming the completion of proper work;
agreement to set off the cost of work;
a certificate from the developer confirming the absence of mutual claims and offset.

If a contract or supply of materials is concluded between the developer and the contractor, but the assignment of the right of claim is concluded directly with the developer, payment must be made to the supplier or contractor on the basis of a tripartite agreement concluded between the developer, contractor and the new shareholder construction, that the fulfillment of obligations is transferred to the benefit of a third party and to whom the developer asks to make payment in favor of the contractor. In turn, the contractor must provide the buyer with a payment document and a certificate from the bank confirming the transfer of funds to the contractor’s account. Then the developer must provide a certificate stating that the payment has been recognized and the debt under the contract object (apartment) has been repaid in full.

When concluding an agreement on the assignment of the right of claim under an equity participation agreement, only original documents are provided!

Registration of an agreement for the assignment of rights of claim in shared construction

The agreement for the assignment of the right of claim is subject to mandatory state registration in Rosreestr, for which the following documents must be provided:

the original of the agreement for the assignment of the right of claim in 4 copies (2 of them - to the parties to the agreement, 1 - for Rosreestr, 1 - for the developer);
original written consent of the developer (if this condition is present in the share participation agreement);
original certificate from the developer confirming payment of the contract in full (if this took place);
the original agreement of the parties on the transfer of debt obligations to the new participant and the written consent of the developer to transfer the debt (provided if payment is not made in full).

Acceptance of documents for registration of an agreement on the assignment of rights of claim is carried out in the presence of both parties to the agreement. All registration costs are divided by agreement of the parties. The period for state registration is 7 working days. The developer must be informed about the transfer of rights of claim under the assignment agreement to a new participant in shared construction through a written notification sent to the construction company.

Important! A genuine contract for share participation in construction must be transferred by the original participant to the new investor. Otherwise, without the original of the said agreement, it will be impossible to register ownership of the apartment.

Svetlana

Hello. I am a citizen of the Republic of Belarus. I want to purchase an apartment under an equity participation agreement in Russia. Will I be charged any taxes if I later sell it under a transfer agreement indicating the full price I want to receive, or under a purchase and sale agreement?

Sergey (senior lawyer)

Hello Svetlana! Since the apartment is located in Russia, the proceeds from its sale will be considered income received from sources in the Russian Federation. Therefore, you will be required to pay personal income tax in cases provided for by law.

Anna

Good afternoon We want to purchase a residential building apartment by transfer from a contractor. The house has already been rented. The apartment is transferred to an individual, then they want to transfer it to a certain legal entity of the developer, and then assign it to me under an assignment agreement. The question is whether I can return the tax deduction under this agreement and what risks I bear when purchasing this apartment. Thank you in advance

Awaiting review

Tatiana

I chose an apartment in a new building from the developer. Documents were submitted to the bank for approval of this property for purchase with a mortgage. The loan agreement contains clause 1. Rights of claim of a participant in shared construction under an assignment agreement (assignment) with Debt. What do you mean with debt? 2. What is the mortgage money used for investing in the construction of a property at the address.....i.e. It turns out that I’m taking out a mortgage not to purchase an apartment, but to act as an investor for construction?!

Awaiting review

Ivan

Hello. In the new bill No. 681472-7 On amendments to the Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” and certain legislative acts of the Russian Federation. There is a clause: e) clause 6 should be supplemented with the following sentence: “The presentation of the documents provided for in this clause confirming the validity of the construction participant’s claims is not required, provided that the construction participant’s claims arose as a result of the assignment of rights under an agreement for participation in shared construction, if the obligation to pay the price of the agreement for participation in shared construction has been terminated.” After the word “if” we cannot understand whether this is a typing error and should be a) Presentation... and then; b) If. Only one thing is known that has been terminated - the Civil Code of the Russian Federation Chapter 26. TERMINATION OF OBLIGATIONS. All this arose due to the fact that in the first reading there was no such misunderstanding, because it ended clearly - they arose as a result of the assignment of rights under an agreement for participation in shared construction. Now we are wondering whether the bankruptcy of the “RF Fund” will fall under Chapter 26 or is it still a mistake on the part of the writer.

Sergey (senior lawyer)

Hello, Ivan! What is your question?

Vladimir

Good afternoon, two years ago I bought the rights to five studio apartments by share with the developer. Now the construction is completed, but the delivery certificate has not yet been signed. I want to assign rights of claim to individuals. I am an individual, not an individual entrepreneur. Will I have to pay only personal income tax on the difference or can the tax authority recognize my activity as a business and charge additional taxes, for example, VAT?

Sergey (senior lawyer)

Hello, Vladimir! Theoretically, there is such a possibility, since it is obvious that you purchased apartments for resale and, accordingly, there are signs of entrepreneurial activity. But the likelihood of such a check is quite low.

Larisa

Good evening, tell me what is the right thing to do to formalize the transfer of property rights: we purchased an apartment in Moscow (we live in another city) in a new building, a mortgage from Sberbank, the house has been handed over, the deeds have not yet been signed, the borrower is my husband, we are registering the transfer in my name, mortgage is not closed, can we carry out all the activities in our city, without traveling to Moscow, what is the procedure?

Sergey (senior lawyer)

Hello, Larisa! You can register the assignment agreement and make changes to the Register at the Rosreestr branch at your place of residence. There is no requirement in the law that registration takes place only with the Rosreestr authorities at the location of the property.

Galina Dmitrievna

Hello. I plan to buy by assignment with DDU from an individual. This individual entered into an agreement with the Developer, who went bankrupt, but he paid the entire amount and has no debt. Now these houses are being completed by a new developer-investor. As I understand it, the new developer must endorse our agreement on the assignment of rights, but he refused to do this. The realtor says that such a transaction can be done without their signature, they say, the agreement will still be registered in the State Register. But I have doubts...whether I will have problems in the future.

Sergey (senior lawyer)

Hello, Galina Dmitrievna! The legislation on shared construction does not require mandatory affixing of the developer’s mark on the agreement for the assignment of rights under a shared construction agreement. After registering this agreement, you take the place of the original shareholder and acquire rights of claim under the equity participation agreement.

Marina

Hello! Your consultation is needed. The apartment was purchased under an assignment agreement, I am the 3rd owner, there is a mortgage. Among the documents for the previous owners there is a copy of the DDU, an original certificate from the developer that payment has been made, an assignment agreement, a receipt for payment between individuals. A criminal case has been opened against the developer, fraud, the house has been idle for more than 2 years. The situation is as follows: the Ministry of Construction openly says that all owners who purchased apartments under concessions will be left without apartments (they refer to Law 214 that changes were made and the “honest buyer” clause was removed, because the developer sold apartments under the DDU to dummies and there is no payment for primary contracts and certificates issued with information on payment by the developer are fake. Tell me, from practice, what could be the outcome? (About 20% of such apartments were sold in the house). Should I sue and recognize myself as the owner or file a claim against the previous seller? And tell me about the law, There really were changes about the “honest buyer” (I couldn’t find the information on my own).

Sergey (senior lawyer)

Hello, Marina! To analyze judicial practice, you need to spend a lot of time and effort. It is better to entrust this task to lawyers in person. But we can say that if you have all the documents in accordance with the law, regarding which there is no official decision to declare them invalid, you have every right to demand that the developer fulfill his obligations. It makes sense to file a lawsuit for recognition of ownership rights when construction is almost completed. Therefore, here we need to look at the real state of the object. We did not find any mention of an “honest buyer” in 214-FZ. It is better to clarify with the Ministry of Construction about the rule of law on the basis of which they made their conclusion.

Olesya

Good evening! We would like to purchase an apartment in a new building with a concession to the DDU. How to properly arrange it so that both spouses can receive a tax deduction, but without determining the specific size of the share? Will we be able to receive a tax deduction only after the house is completed?

Sergey (senior lawyer)

Hello, Olesya! It is necessary to register the purchase of an apartment for both spouses, indicating the shares and the specific amount contributed by each of them. You can apply for a tax deduction after registering ownership of the apartment.

Vadim

Hello, I bought an apartment under a concession from a legal entity. There was a typo in the assignment instead of 2 rooms, it says 1 room, and all other characteristics, floor, square footage, number, area coincide with the original apartment. I have clients who, under a preliminary assignment agreement, transferred the floor to me, but now I don’t want to enter into a deal and don’t want to wait for the typo to be corrected. Am I required to return the deposit?

Sergey (senior lawyer)

Hello, Vadim! Based on Art. 381 of the Civil Code of the Russian Federation, the deposit in your case should not be returned, since it is the clients who refuse the contract.

Irina

Good afternoon, Sergey! Thank you for your answer. There is no property right yet. Assignment. The assignor also sells the apartment at a reduced price. For the difference, he draws up an agreement on losses incurred in advance. Can it somehow protect me in the future?

Sergey (senior lawyer)

Hello Irina! Since the ownership is registered in the father’s name, it is with him that you need to deal. And who actually contributed the money doesn’t really matter, since the son could simply be carrying out his father’s instructions. There are no grounds yet for declaring the transaction invalid.

Sergey (senior lawyer)

Hello Irina! It is better, of course, to indicate the full cost of the apartment in the contract. In general, you need to study the documents themselves, since the security of the transaction largely depends on their content.

Elena

We bought an apartment through the assignment of the right to claim under the DDU, and registered it in the name of our daughter. There are bank orders for the simultaneous closure of deposits with the same amount by me and my daughter and the simultaneous placement of this amount in a safe deposit box. The house was put into operation on December 18, 2018, the daughter signed the apartment acceptance certificate on February 15, 2019. They committed a great stupidity by registering an apartment only for their daughter, because together they could qualify for a tax deduction (the cost of the apartment is 3,500,000 rubles). The house has not yet been registered with the cadastral register. Can we register an additional agreement to change the number of buyers by adding me and subsequently redo the transfer and acceptance certificate.

Sergey (senior lawyer)

Hello, Elena! This does not contradict the law. The legislation on state registration of property rights to real estate provides for the possibility of making such changes. The main difficulty will be obtaining consent from the seller and the developer to make changes to the documents.

Natalia

Hello. Tell me, if I want to transfer 0.5 DDU to a physical person. person at the cost specified in the contract. Will this be considered making a profit? Can I count on a tax deduction on the remaining amount? The house was built, the transfer acceptance certificate was not signed.

Sergey (senior lawyer)

Hello, Natalia! Current legislation does not provide for such a possibility. According to the assignment agreement, all rights of claim against the developer regarding housing are subject to transfer. There are no grounds for division, since the ownership of the apartment has not been registered. Therefore, there are doubts about the general possibility of concluding such an agreement.

Sophia

Sergey, hello! I'm interested in your opinion on this issue. In 2015, a DDU was concluded between the Developer and the LLC; 2018 The developer is declared bankrupt, bankruptcy proceedings are underway. Paragraph 7 has not been introduced in relation to the developer, that is, there is no register of claims for the transfer of residential premises, only monetary claims, and the register has already been closed. The scheme for purchasing an apartment is now as follows: the LLC enters into an assignment with an individual, after registration, an individual as a new shareholder receives an apartment according to the deed and registers the property. Now the Rosreestr registers property under such transactions, people buy and move in, mortgages are approved. The question is the risks of the new shareholder, namely in terms of declaring transactions invalid. Can the developer sign such acts of acceptance and transfer? My logic is this - the obligation to transfer the apartment arose before the debtor was declared bankrupt, therefore, the transfer of the apartment under the transaction concluded in 2015 is not in itself a transaction, but is execution of the transaction, there is no preference over creditors, apartments are not subject to inclusion in the bankruptcy estate, because according to essentially are not the property of the developer. The LLC is not involved in the bankruptcy case. If the acceptance certificate is signed by the receiver or his representative, are the risks reduced? Do you think creditors' consent is required? Thanks in advance, I think I've provided all the information

Sergey (senior lawyer)

Hello, Sophia! The issue is complex and requires a detailed study of the legislation. But even if we turn to the provisions of Art. 61.2 of the bankruptcy law, then suspicious transactions may be considered transactions concluded within three years before the filing of a bankruptcy petition. Therefore, even taking into account this provision, there is a certain risk. But more precisely, the boundaries of such risk can be established after studying judicial practice and the nuances of bankruptcy legislation.

Lyudmila

Hello, Sergey! We want to buy an apartment under a contract of assignment of rights under the DDU from an individual. The one who assigns the right to us was insured by an insurance company, there is a policy for him, because developers were obliged to insure shareholders. Question: 1) Do we need to take out and pay for the same policy for ourselves? 2) Will our agreement for the assignment of rights under the DDU be registered in Rosreestr without an insurance policy for the new participant? Thank you in advance.

Sergey (senior lawyer)

Hello, Lyudmila! 1. There is no such obligation in the legislation on shared construction. 2. Due to the absence of a legal obligation to provide insurance, there is no reason to worry about registering the contract.

Olga

Hello! Please tell me I’m buying an apartment under an agreement on the assignment of rights of claim (in the attachment) 1) I’m interested in the question in paragraph 2.2 it says the price of the assignment is final and cannot be changed, but in paragraph 6 (D). It is written that the area of the apartment will be more or less than the declared area, then you will have to pay extra or return part of the funds, is this possible? 2) I still need to wait for some kind of decision of the arbitration court on the transfer of ownership of the apartment, since I understand that the developer has been declared bankrupt. 3) I am still confused by the amount of costs actually incurred by party 1 for the acquisition of property rights to the apartment. How is this supposed to relate to me?

Document11.pdf

Sergey (senior lawyer)

Hello Olga! 1. In principle it is possible. This is accepted practice. 2. If the developer is declared bankrupt, all settlements with creditors are carried out within the framework of the bankruptcy procedure, that is, with the participation of an arbitration court, which can only make a decision on bankruptcy. 3. It shouldn't. Your obligation to pay for the apartment will be considered fulfilled in the event of payment of the contract price, which must be clearly formulated in the text of the contract (in this case, in clause 2.2.).

Sergey

Hello! This is a very unusual situation, please help! Under the terms of the shared participation agreement, the developer transfers an apartment in a new building to the participant in shared construction, and as payment for the new apartment receives from him a private house located in close proximity to the new high-rise building for demolition. A former resident of the private sector successfully moves into a high-rise building and after some time terminates his ownership of a private house, as agreed. But... that's all. The temporary manager of the developer forgot about everything and did not accept the private house for demolition in accordance with the DDU. The developer has been liquidated and the private house is abandoned. And now the former founder of the development company wants, so to speak, to take his own, having received the right to own a private house for demolition, which, in fact, paid for the new apartment of the former owner of this house. What is the algorithm of actions? More than three years have passed since the apartment building was handed over and the person moved into the apartment. From the moment of liquidation of the developer company - 2 years. Thank you in advance!!!

Sergey (senior lawyer)

Hello, Sergey! The situation is truly unusual. To successfully resolve it, it is necessary to fully study all the circumstances of the case, which can only be done by a professional lawyer who will deal with this case. The main difficulty in this case seems to be that the founder himself does not have any rights to this house, since the equity participation agreement was concluded with the organization in which he was the founder. The founder does not have direct rights to receive a house.

Anton

Good afternoon) tell me if you purchased an apartment under an assignment agreement and together with an unpaid debt to the developer) part of the money was paid to the developer but not the entire amount) is it possible to terminate this agreement and is it possible to return the amount that has already been transferred to the developer if the developer fulfills everything on time ) thank you for your answer)

Sergey (senior lawyer)

Hello, Anton! If, when concluding the contract, you were not aware of the existence of a debt, then this is grounds for terminating the contract, since it was concluded under the influence of a material misconception. To resolve the issue of returning money from the developer, you need to know what the money was paid for.

Arina

Good evening! I assign my rights under the DDU under the Agreement on the assignment of rights of claim in the form of the developer, which states that after state registration, the shareholder under the Transfer and Acceptance Certificate undertakes to transfer the original DDU to the assignee. How legally justified is this provision? I am afraid to hand over the original DDU due to the likely possibility of it being submitted to some authorities. Does the original shareholder risk giving away the original? The cost of an apartment according to the DDU exceeds 3 million rubles. I am assigning the right to an apartment based on the value of the subject of assignment at a higher price than under the DDU four years ago. Is the difference in cost taxable?

Sergey (senior lawyer)

Hello Arina! Such a requirement is legal, since the equity participation agreement remains in force and another person takes your place as a shareholder, who has the right to know on what terms the equity participation agreement was concluded. There are no risks for the shareholder in transferring the original DDU, unless, of course, he wants to deceive the buyer. The income received is subject to taxation.

Elena

Hello, we entered into an agreement on assignment of rights under an agreement on participation in shared construction, upon receiving the agreement we noticed that the husband’s registration address (he is the owner) was indicated incorrectly, do we need to redo the agreement, how important is this and what are the consequences? Thank you.

Sergey (senior lawyer)

Hello, Elena! It's better to redo it so that everything is accurate. If the contract contains other information identifying the husband as the buyer, then an error in the registration address will not entail any significant consequences.

Irina S

Please tell me: we bought an apartment under an agreement for the assignment of the right to claim under the DDU. A criminal case has now been opened against the developer for fraud. According to the agreement, we transferred the money not to the developer, but to an individual (former shareholder). Can we be considered victims of fraud committed against us, if in fact the developer did not receive money from us? Thank you!

Sergey (senior lawyer)

Hello Irina! You may be recognized as the injured party, since as a result of the developer’s criminal actions, it was you who suffered property damage in the form of lost funds and non-receipt of an apartment. After all, under the agreement of assignment of the right of claim, it is you who take the place of the original shareholder under the DDU agreement.

Mariam

Hello! When purchasing an apartment in a new building, the spouse entered into an agreement on the assignment of rights under the DDU. According to the DDU, the approximate deadline for putting the house into operation is December 31, 2016, but no later than March 31, 2017, and in the agreement on the assignment of rights concluded on December 27, 2017 between the assignor and the assignee (spouse), a different deadline for putting the house into operation is indicated, namely December 31, 2017, but not later than March 31, 2018. The developer delayed the delivery date of the house until October 2018. We want to prepare documents to submit to the court for the Developer to pay a penalty, but we were told that due to the fact that we signed an assignment agreement with a delivery date for the house different from that specified in the DDU, this request will be rejected. Is there a way out of this situation? Thanks in advance, Mariam

Sergey (senior lawyer)

Hello! The conclusion of an assignment agreement does not cancel the validity of the main share participation agreement. The developer is not a party to the assignment agreement, therefore he is obliged to follow the terms of the shared participation agreement. Therefore, you can first present property claims to the developer in connection with the delay in putting the house into operation, but, of course, difficulties may arise in court regarding the provisions of the assignment agreement, which must be eliminated by the participation of a competent lawyer in the case.

Yulia Pashkevich

Tell me, in the contract for the assignment of rights under the building contract, there is a clause that the buyer agrees, if anything, to bear the costs of completing the house. Because the former developer is bankrupt. Is this legal?

Sergey (senior lawyer)

Hello Julia! Under the agreement of assignment of the right of claim, the buyer takes the place of the seller in the share participation agreement. If there is no such clause in the share participation agreement, then the inclusion of a provision on additional expenses in the assignment agreement is unlawful, since in accordance with the law, the assignment of a claim requires that the share participation agreement be paid by the first buyer.

Michael

Hello! Please tell me, in the registered assignment agreement the date of conclusion of the agreement for participation in shared construction is incorrectly indicated (the month was wrong), how to make changes to the assignment agreement? additional agreement? court?

Sergey (senior lawyer)

Hello, Mikhail! It is necessary to correct the agreement itself: conclude a new one or formalize it with an additional agreement. Then this agreement must be submitted to Rosreestr along with an application, which is obliged to make corrections within 5 days.

Alexey Ponomarenko

Good afternoon. Please tell me we are planning to conclude an AGREEMENT for the assignment of the right to claim under an agreement for participation in shared construction. But point 2.2 is confusing because they ask for payment after signing the contract, and not after registration.

Assignment agreement for apartment 88. Frolov - Emtse%.pdf

Sergey (senior lawyer)

Hello, Alexey! Try to negotiate with the seller about another payment option, for example, partial prepayment. In general, the payment option proposed by the seller is not illegal; the option that you can agree on will be used. It is also recommended to first show the contract to a lawyer so that he can look for possible pitfalls.

Sergey

Good afternoon We are buying an apartment from a developer, the paperwork is now being drawn up, but by the time of signing the house will be completed. Accordingly, the sale is under an assignment agreement through a controlled individual entrepreneur. A standard contract was sent, clause 2.2 is not clear. It follows from it that payment occurs before signing. Is that possible? The developer is quite large and reliable, it has been on the market for six years, many complexes have been commissioned, and many are under construction. In principle, there are no negative reviews, that is, based on the logic and number of successful transactions, the likelihood of fraud tends to zero. But this payment option is still scary. I am attaching the contract and asking for clarification of the procedure and payment in this chain

assignment.pdf

Sergey (senior lawyer)

Hello, Sergey! There's another risk here. There is a possibility that the agreement may be declared invalid, since according to the law, an agreement for the assignment of participation in shared construction can only be concluded until the transfer deed is signed. And since at the time of signing the contract the house will already be rented out, there is a risk that your counterparty will take over the apartment in his name, become the owner, and your contract will be declared invalid in court, especially since payment under the contract is planned before the conclusion of the contract. It is not recommended to sign such an agreement.

Mira

Hello! Please help me figure it out. The situation is the following, the mortgage is closed, I want to make an assignment of the DDU to my mother, how should I interact with the developer, and put a stamp on the assignment agreement, if the Assignment Agreement between both parties to the transaction is concluded in any written form (the agreement was drawn up by a lawyer, without the involvement of a real estate company, who was involved in the sale of the apartment from the very beginning, a very large commission) without obtaining the consent of the developer (unless otherwise provided by the share participation agreement). It turns out that if there is no debt, I need the developer’s consent to the assignment under the DD, but the seal in the assignment agreement must be from the developer, who contacts only through a real estate company, and does not personally get in touch. How to carry out this procedure..?? how to contact the Companies House on your own and is it possible to avoid unnecessary fees that require you to pay fees for each step. The transfer deed has not yet been signed.. Thank you

Sergey (senior lawyer)

Hello! To register an assignment agreement, you do not need any stamp on the agreement. To do this, you only need the assignment agreement itself and a certificate of payment for the cost of the apartment. But regarding the need to obtain the developer’s consent to the assignment, you need to look at the share participation agreement itself.

Alexander

Hello. If the seller of the DDU made a deed of gift to his friend or relative, which is currently considered his property and decided to sell this property. Is this possible and how can I check it?

Sergey (senior lawyer)

Hello, Alexander! It is impossible to give something that does not exist. You can donate an apartment only after its completion and registration of ownership rights to it in the prescribed manner. Therefore, even the gift agreement itself would not be accepted by the registration authorities before the ownership of the apartment was registered.

Galina

Hello! My husband and I have one preschool building for each of us. The developer has changed and is now completing the construction of another one, and a monitoring procedure has been introduced. We want to do everything for me. What is needed for that.

Sergey (senior lawyer)

Hello, Galina! You need to enter into an assignment agreement with your husband, according to which he transfers to you his right to demand a share in the ownership of the apartment from the developer.

Andrey

Good afternoon. My son purchased an apartment with a mortgage. The share participation agreement was not registered with Rosreestr, and now he is being asked to sign an assignment agreement. Sberbank transferred the money to the developer in full. My son is already paying off his mortgage. Sberbank refuses to support the assignment agreement, which means some other bank appears. How to act in such a situation? What if there is a risk of losing your money?

Sergey (senior lawyer)

Hello Andrei! It is urgent to register the share participation agreement, since without registration such an agreement is considered unconcluded. If there is no registration, then your son will simply lose the money of the down payment and the money paid to pay off the mortgage.

Paul

Hello! I bought an apartment in a building under construction under an assignment of rights of claim. I am already the third buyer in the chain. In order to fall under the requirements of the Family Mortgage mortgage program, it is necessary that the apartment be purchased from a legal entity, ideally from a developer. I have drawn up an agreement for the assignment of rights of claim with an individual. But in the end, is it considered that I am buying an apartment from the Developer? Or is that not true? Thank you!

Sergey (senior lawyer)

Hello, Pavel! Yes, it is considered that you are buying an apartment from the developer, since under the agreement of assignment of the right of claim you simply take the place of the original buyer under the agreement for participation in shared construction, which is concluded with the developer.

valentine

When registering an agreement for the assignment of rights of claim under a shared construction agreement, the buyer was given two copies. Should one copy? send to the developer?

Sergey (senior lawyer)

Hello, Valentina! If nothing is said about this in the contract for the assignment of the right of claim, then there is no need to send a copy to the developer. The legislation does not provide for such an obligation.

Tatiana

Hello! When purchasing an apartment in a new building, I entered into an agreement on the assignment of rights under the DDU. The developer is delaying the delivery of the house by six months. I am preparing documents to submit to the court for the Developer to pay a penalty. However, I do not have a copy of the payment order confirming payment of the Contract price by the assignor. Only in the Assignment Agreement there is a clause: “At the time of state registration of this Agreement, the obligation to pay the assignor to the Developer the price of the Participation Agreement has been fulfilled by the Assignor in full, the transfer deed or other document on the transfer of the apartment between the assignor and the Developer has not been signed.” Is it possible in court to refer to this clause of the Agreement as evidence of payment for the apartment? If not, where can I get a copy of the payment order if the assignor refuses to provide it?

Sergey (senior lawyer)

Hello Tatiana! Maybe. In court, the testimony of the person who sold you the apartment may be used to confirm payment of the cost of the apartment. Also, based on your petition, the court may oblige the developer or assignor to provide a document confirming the fact of payment for the apartment.

Victoria

Good afternoon! This is a question: I bought an apartment in a building under construction, the only documents available were an assignment agreement, I asked for the original document, they said no one has the originals, only a certified copy will be available, is this normal?

Sergey (senior lawyer)

Hello, Victoria! The legislation does not provide for the transfer to the buyer under an assignment agreement of the original share participation agreement, which, most likely, is kept by the seller in a single copy. You can submit a request to Rosreestr to provide a certified copy of the DDU agreement.

Margarita Pavlenko

I have entered into a legal agreement with a legal entity during the registration process, but I changed my mind because I am already the 3rd buyer in the chain, what should I do so that this agreement is not registered?

Sergey (senior lawyer)

Hello Margarita! In order to terminate registration, you need to send an application to Rosreestr to suspend registration and at the same time send the seller a proposal to terminate the contract. If he refuses, then you will have to go to court with an application to terminate the contract, if there are grounds for this, provided for by law or contract. But be prepared that you may be liable for the seller's losses.

Sergey

Hello, Sergey! Please tell me. We have drawn up a preliminary agreement for the assignment of rights of claim under an agreement for participation in shared construction. The agreement stipulates payment of 50 immediately and the remaining 50 within six months. It is also stipulated that after payment of 70, contact the State Registration Chamber with an application for state registration of the Assignment Agreement. I have a question: now we signed the contract without registration and the money must be paid according to the contract. Tell me, is this possible or dangerous?

Sergey (senior lawyer)

Hello, Sergey! It is dangerous, since all changes in the parties to the equity participation agreement come into force from the moment of state registration of the agreement.

Alex

Hello! There is a long-term construction house. Primary Developer 1, changed to Developer 2. Additional. An agreement between the Organization and the Developer2 was signed and registered with Rosreestr. I am purchasing an apartment by assignment of rights of claim from the Organization for cash payment; all receipts for payment are available. At the moment, Developer1 and the Organization are bankrupt. A new Developer3 appears, he has all the rights and permits for construction. Developer 3 refuses to enter into an additional agreement with me. Does he have the right? How should I proceed next? Is it possible through the court to force the Developer3 to enter into an agreement with me? Thank you!

Sergey (senior lawyer)

Hello! If the third developer is not the legal successor of the second developer, then he is not obliged to enter into any civil contracts with you, except in cases where the second developer has assigned his debts to him. The third developer is formally an outside organization in relation to you. You, as a shareholder, have the right to foreclose on the collateral under the share participation agreement, namely the land plot under the house.

Alex

Hello Sergey! Thank you for your answer and free help! Yes, that’s right, there are no contractual relations between me and Developer3. But Developer2, Developer3 and the city administration signed the investment agreement, did not see it, but I will assume that it is about the transfer of rights and responsibilities. In this case, Developer 3 must sign an additional agreement with me. agreement?

Sergey (senior lawyer)

Everything depends on the terms of this investment agreement. Without seeing its text, it is difficult to judge the responsibilities of the third developer.

Zalina Davlyatshin

Good afternoon. I'm going to buy an apartment with a mortgage. The developer proposed to draw up an agreement for the assignment of the right of claim under the property agreement from an individual entrepreneur controlled by him. The house was commissioned in January of this year. Is this legal? Signing the document when the House has already been commissioned? And what could be the risks and pitfalls? I also want to note that the acceptance certificate has not been signed, I will sign it myself directly with the developer. Thank you

Sergey (senior lawyer)

Hello! If the individual entrepreneur has not signed the transfer deed from the developer, then the assignment of rights of claim under the equity participation agreement is permitted. To assess the risks, you need to see the contract itself that you are offered to sign. But most importantly, you need to check that the main agreement is registered properly and the individual entrepreneur has fully fulfilled his obligation to pay the price of the apartment.

Victor

1. I acquired rights of claim under an assignment agreement. The rights have been verified, there is a writ of execution. In order to exercise the right of claim, it is necessary to apply to the Arbitration Court of First Instance to replace the claimant in enforcement proceedings. Question: If I want to assign and resell the rights of claim to another assignee under a new assignment agreement, do I first need to apply to the Arbitration Court of First Instance to replace the creditor with the assignor and transfer the rights established in the first court decision? 2. I want to acquire rights of claim under an agreement for the assignment of the right of assignment from a legal entity. persons Phys. the person who acquired these rights from the first creditor. The rights have been verified, there is a writ of execution. In order to exercise the right of claim, the assignee who has become the assignor must go to the Arbitration Court of First Instance to replace the claimant in enforcement proceedings. Question: Should the new assignee, who has become an assignor, before assigning the resale of the right of claim to another assignee under a new assignment agreement, first apply to the Arbitration Court of First Instance to replace the creditor with the assignor and confirm the transfer of the rights established in the first court decision? or is this not necessary and he can simply resell it under a new assignment agreement without doing anything?

Sergey (senior lawyer)

Hello, Victor! 1. Not necessarily; failure to apply to the arbitration court will not affect the validity of the assignment agreement.

Oksana

Hello. Does the new developer have the right to demand from the new shareholder an assignment agreement documents confirming the payment of the apartment by the previous shareholder to the old developer; there was one developer - he went bankrupt and began to complete the construction of a new one. At the same time, the New developer and the old shareholder have a registered additional property before registering the assignment. an agreement that states that “the developer has no claims regarding payment of the price of the share participation agreement by Participant No.”

Sergey (senior lawyer)

Hello, Oksana! It may demand, but you are not obligated to provide such documents, since such an obligation under the law does not lie with you.

Oksana

Thank you very much Sergey. And one more question. Can the new developer refuse to give me the keys to the apartment if I still do not provide receipts for payment from the old shareholder to the old developer. Although my assignment agreement states “That the right of claim of the New Participant to receive the shared construction object and register it as ownership arises for the New Participant from the moment of full fulfillment of the obligations to pay for this agreement and after its state registration.”

Sergey (senior lawyer)

The obligation to transfer the apartment must be fulfilled by the developer unconditionally, subject to payment for the apartment and state registration of the relevant agreement. The legislation does not provide for any conditions regarding the provision by the new shareholder of documents regarding payment to the original shareholder.

Olga Zapevalova

Hello. Tell me: a court decision has been made to terminate the DDU and collect the amount under the DDU from the developer. The developer is unable to return the money - the accounts are empty and there will be no income. But construction has now resumed - the developer is the same, but the investor is financing it through a technical customer. Those. In fact, the apartments will be transferred by the previous developer. And a situation arose that I could be left without money and without an apartment. Hence the question: If you don’t provide a court decision anywhere, is there a chance to get an apartment? How does the process of re-registration of the right of claim in the Russian Register take place in this case? Thank you!

Sergey (senior lawyer)

Hello Olga! In accordance with the law, the contract is considered terminated from the moment the court decision on its termination enters into legal force. Therefore, at the moment the developer has an obligation to return your money, but not provide you with an apartment. For the validity of termination of the contract, registration of the relevant information in Rosreestr is not required, as is required for recognition of the validity of the contract for shared participation in construction.

Lily

Hello! Our general contractor received an apartment from the developer according to the DDU. In turn, we are going to register this apartment in the name of the supplier through the UPT under the DDU in payment of the debt under the supply agreement. Please tell me, is it necessary to indicate in the UPT agreement itself a provision that the price of the apartment will be considered payment for the supply? And is it necessary to show this supply agreement when registering the UPT in Rosreestr? And what documents are needed in general when formalizing these legal relations between the parties? Thank you!

Sergey (senior lawyer)

Hello! The contract directly states that payment for the assignment of the right of claim will be considered the repayment of the debt for the supply of goods. The supply agreement itself does not need to be submitted to Rosreestr. After signing the agreement for the assignment of rights of claim, it must be registered with Rosreestr, for which representatives of the parties fill out a statement about this and attach the assignment agreement. In this case, a duty is also paid.

Olga

Good afternoon. I am going to enter into an agreement on the assignment of rights of claim with an individual. Should it be stated in the UPT agreement that the original of the DDU agreement must be given to me? Are funds transferred to an individual only after registration of the UPT agreement?