Who the owner of the unfinished apartment?
04.02.2012 00:45
To solve the problem of housing investment, construction of which is "frozen" at the legislative level to assign to the property rights of investors for apartments in buildings under construction.Such an opinion at a press conference in UNIAN investor expressed "problem" of an apartment house on the street. Families Sosninykh 4-A in Kiev, Dmitri Ardasha.
"Today we see the practical implementation problems - problems combining the resumption of construction and the problem of providing guarantees to investors under construction in some legislative regulation of property rights institution. Should be legally protected and recognized as an investment for a person entitled to property under construction, so that in case of negative developments the owners of the property rights have the opportunity to become masters of their own, albeit unfinished, object, and continue to work with government in addressing these issues, " - he said.
In turn, the investor of an apartment house on the street. Families Sosninykh 4-A, Igor Bondar said that the mechanisms that exist today make it impossible for investors, the construction of houses which is frozen, go ahead. "We find many who want to continue our work of construction, but the legal framework currently does not exist", - he said.
Bondar said that 650 families had invested money in building houses on the street. Families Sosninykh and 250 families - investors build a house on the street. Staronavodnitskaya can not get their apartment, because for 5 years, the question on the completion of the house is not solved.
As noted by the party program of preferential credit of the State Fund of Youth Youth Housing Assistance in Vasilkov (Kiev region). Paustovsky Love, the state guarantee to ensure that young people up to now was only a slogan.
"From 2004 to 2010, until such time as the fund changed its management, it was a" femeli business. " There have been companies that have no tender procedures of the state grant for the construction of the youth shelter. These companies do not have sufficient funding to begin and complete construction, and had no experience in construction. This led to the young citizens who are in this program, taking advantage of government support in the form of credit, and thinking about the fact that the state, providing credit, must have some influence on the builder for the protection of the invested funds, unfortunately, has paid off "- she said.
According to the participants of the program, in the Kiev region "problem" objects participating in this program are in Vasilkov, Boyarka, Bucha, White Church, and in general in Ukraine there are over 30 such houses, which have invested more than 700 young families.
L. Paustovsky added that the Cabinet of Ministers № 1231 from November 30, 2011 partly solves the problem of investors 'frozen' objects, because it allows borrowers to recognize such fund, who did not use the state support for housing, because they did not get an apartment.
According to Executive Director of All-Ukrainian public organization "Association for Victim Assistance investors" Tatyana Yakovenko, the most common problems faced by investors who invest in housing, it's fraud, poor performance of duties developer, property developers, "clones", raiding, the selective attitude of developers to construction sites, re-branding the builder to hide a bad reputation, bankrupt builders, double pay on the mortgage, misuse of funds, as well as "femeli business" developers.
She also noted that the association has developed a draft law on investment in housing, which provides for including creation of a register of investment property as well as at the legislative level would assign to each investor the right to receive apartments in the future.
"Experience shows that a bankruptcy developer becomes a disaster for people who have invested money. If the developer declared bankrupt and is excluded from the unified state register, investors will remain with its unfinished, with whom nothing can be done. They have some property rights, but in order to resume construction, we need the right to land, building permit, any power, "- explained T. Yakovenko.
Nevertheless, she said, there are successful examples of their own investors added onto their homes. In particular, in June 2010 by the investors was commissioned house in Irpen in Ternopil investors have created housing association, they took home from the builder and finish building it themselves.
According to investors, the investments in the construction industry will not go up until the state does not guarantee the protection of investors.
"Until there is cleaned up with the troubled construction projects that were, until some decisive action will not be shown that the state now protects private property and investment, the money will not go into the industry", - said Dmitry Ardasha.
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