Instead of the village - the waste land: who is to blame and what to do?

20.05.2011 13:38
Articles about real estate | Instead of the village - the waste land: who is to blame and what to do? Bought a plot without a contract in the township. True, the village is still not name - only a fenced area. Planned in the spring to start building a house, but I can not do without communication. Real Estate Developer "jam tomorrow" and does nothing.

Neighbors, too, can not find to co-ordinate. Tell me whether you can get the builder to fulfill their obligations for the communication? Where to apply for this?

Related article: Life in the cottage - the struggle for survival

Alexei Ivanov, head of the project "Ecopark Ushakovo" Company "Vector Investments:


For a correct and complete answer to the question must have information about the category of land and as its permitted use, as well as to analyze the documents signed with the developer, as the scheme of construction of communication on land for individual house building and dacha construction may be different.

Typically, the builder of communications when selling plots without a contract in favor of land owner sold or interdependent with the person who owns the site (of built communications) pursuant to the lease.

If the developer has with the buyer contract for the construction of communications, it is necessary to proceed from the conditions and measures of liability prescribed in the contract (for example: the penalty for late delivery of works, the rejection of the treaty with the return of sums paid, if they have not mastered the builder, recovery of damages caused by owner of the site late completion of works).

Another option - the builder of communications by a combined ownership areas in the township. Usually used for this nonprofit organization as a nonprofit partnership on land IZHS or dacha / horticultural association of citizens, where buyers plots without a contract come simultaneously with the acquisition of the site and make a part payment for land in the form of contributions, which is just the cost of establishing communications. In this case the general meeting of members of this nonprofit organization can change direction, do not fulfill their obligations for the construction of communications, and bring to the construction of other contractors. The new leadership may also undertake analysis of the economic activities of the former executives to understand why the late works are performed and where the money from the fees that, under certain circumstances it may be a ground for appealing to law enforcement authorities to bring perpetrators to justice.

Julia SEVERINENKO, CEO ZemAktiv:

The majority of all housing estates begin with a fenced area, but their further development depends entirely on literacy and professional developer, as well as its compliance with the accepted treaty obligations. In this case, the ability to protect the interests of the end user the key role played by the way these commitments are fixed, as far as their conditions are defined and transparent than that and the way in which obligations are guaranteed, there is a possibility to find where and how to leave the buyer's money. The more in "gifts" and free options, the more "gray" scheme uses the developer, the greater the likelihood that if a "gift" turns out to be not very high quality, we will ask not to whom. So, as always, the primary advice - read the document to be signed.

The task of finding the neighbors only complicated mechanisms for the protection of personal data fairly easily on the basis of cadastral data and the unified state register of real estate rights and transactions with it you can learn the name or surname, first name of the owner, but more of this information through official channels will not be able to pass . But even that will determine whether the buyer's neighbors or not (site is not sold out).

Protection of interests, most likely in this case is possible only through the courts. However, the judicial perspective depends on the fact that, in accordance with the signed documents were promised to the buyer, and whether the respondent may reply to this commitment or a long "dead" company, the assets which are derived.

Oleg Sukhov, a lawyer of the First Metropolitan Legal Center:

When buying land you need to know two rules that will help prevent making mistakes associated with the intention of landscaped land "with all the amenities."

So, if you intend to buy land, it must be purchased already with painted communications, why?

First - getting permits for communication is totally dependent on local authorities and, as practice shows, the most expensive cost is communication, in addition, design approvals and endorsements "on electric power, gas supply (sometimes sewer and water) takes considerable time - from the floor to several years - at best. In addition, while it does not know the buyers of land, is not always possible to "negotiate" with a view to supplying communications with local authorities.

A simple example: if you have not registered ownership of land and a house on it, the gas you'll never fail, etc. Simply put, if an organization that promised land to the buyer communications, there are no good relations with local authorities, the owner will have to settle for a bare site. Do not forget that for the different communication correspond completely different service, which means to have direct, "friendly" contact in all structures of the city administration or the area where the owner acquires the land.

Second Rule - The organization can not force the sum of communication, even in court for three reasons:

The first reason: require certain legal conditions, reasons and opportunities. And if they do not exist (there is no electricity to power your areas of land or no documentation on the structure of gasification), the satisfaction of a claim in respect of forcing the organization that had promised the owner of the communication will be denied, and this postavnovlenie court is absolutely legal.

The second reason: even if a positive decision of the court bailiffs, who are endowed with statutory powers to execute such decisions do not have the mechanism for implementing the execution of such judgments, respectively, the decision will not executed.

Reason Three: The mechanism of work and responsibility of any entity in our state is such that any company can be easy and "painless" or eliminated, or re-arranged by a third person, and accordingly, will cease any legal or actual performance, or both, and that other activities that will be the basis for the impossibility of performance or compulsion to fulfill any obligations that previously proclaimed by such an organization.

Reason Four: very rare in contracts for the sale of the land properly and correctly prescribed duties of the seller of land or a third party to ensure the supply of land communications, whereby commitments "made out" with the words, and accordingly, have no legal force.

The buyer of land always gets in the zone of risk, if you purchase the land without communication. This risk can be reduced if the seller of land - a very large company, serving the real estate market and construction for a long time, and most importantly, interested in supplying the communications of the district where located, and your site, but such precedents unit. Therefore, in practice compel the organization to negotiate, finalize and bring communication almost impossible, and any such design - it's great luck for the owner of the land and "goodwill" of the company that promised to the owner.

Therefore, you must either buy the land with utilities, or be prepared for the fact that it is necessary to do all their own, to spend the huge amounts of money and lay a big time gap on the design and coordination of all necessary documents to take stock of Communications bought a parcel of land.

www.zagorodna.com
Did you like the material?Subscribe to our newsletter
Your comments:
Your opinion will be the first. Thank you for reading this article. I wish you happiness! Please share your opinion in the comment below.
 
 
Sign