The builder sells local area for parking
Our developer is selling space on the local area by parking some residents homes. In this case, the property will not be issued - in fact it is an oral agreement with the developer of those buyers. Other residents who are dissatisfied with this practice, the developer said that the local area to sell it right, this land is not a general property of tenants.
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Whether the actions are legitimate builder? Does he have the right to sell the local area by restricting parking turnstiles?
Topic must be divided into two parts. The first - whether the right to sell, the second - why not register the sale. On the first question the developer is likely to be wrong. "Most likely" - that's because we do not know the status of the land on which the house is built. "As a general rule, land developer released by municipal authorities in the lease with the purpose to build an apartment building, - says Sergey Elin, managing partner of the group of companies" AIP "(Audit and Law). - If so, the developer, in essence, selling something that does not belong, ie, actions are obviously illegal. " "In accordance with art. 1936 Housing Code (LC) RF - reminds Kushmenyuk Sergey, General Director of Investment Real Estate Agency "Condrey, - land, on which the house is a common property of all owners of apartments and rooms. Dispose of the territory can only deal with these owners.
On the other hand, does not exclude the situation where the land is owned by the developer, and then sell the parking space he is entitled. In general, to clarify the situation only through the analysis of documents.
But the second question, all one. By law, any real estate transaction are subject to state registration and why the developer does not do this - this, at least, is unclear. "The fact that the builder does not register the sale of parking spaces, poses even greater challenges to the legality of its actions", - Sergey Elin is categorical.
Additional requisitions for the keys
Upon receipt of the keys to the apartment we purchased some have imposed "extortion", without whom refuse to give the keys:
- To pay for utilities during the time that has elapsed since the adoption of the house in operation;
- The draft of electrical wiring in the home (17 thousand rubles.), Even though we live in an apartment does not intend, and is now on sale;
- Together with an electrical engineering supervision to pay at the rate of 200 rubles. per square. m
As far as legitimate actions builder?
The easiest way to answer the last two questions. If in a contract that the buyer would make with the developer, says nothing about the obligation to pay the electrical design and engineering supervision, and no more than vague language about the possible price increase - the requirements are illegal. "When a contract of a joint construction it must be determined price of an apartment and the conditions change (increase) of the price - said Anastasia Soldatova Counsel" NDV-Real Estate. - If this condition is not included in the text of the agreement, the price can not be changed. " In this case, like the expert, the developer is obliged to deliver the object, the quality of which "conform to the contract, the technical regulations, design documentation, and town planning regulations, as well as other mandatory requirements." It is clear that this includes power supply - it should be ensured, and without any additional fees.
But with utility payments more difficult. On the one hand, there seems to be an unambiguous requirement of the law (art. 153 LCD RF) according to which "the obligation for making payments for housing and utilities there ... since the emergence of property rights to housing." On the other - this rule do not like the developers that "stuff" in contracts with buyers obligations of the latter begin to make the rent from earlier periods. Similar items, the experts told us the company MAYFAIR Properties, may include a condition that a citizen has the burden of paying for municipal services for the apartment for a few months before registration in the apartment of his property. Either during the whole period since the adoption of the house in operation. Either from the transfer of his apartment under the act of Handover of work.
In any case, it is necessary to carefully study the contract with the developer. "If they are provided for payment of utility bills since the adoption of the house in operation, you must fulfill its obligations", - said Olga Guseva, head of marketing management company Domostroitel.
The warranty on asphalt
Our house was put in April 2008. Asphalt in the yard was defective: Asphalt sags around the pits, cracks appeared in the travel and sidewalks. Are there any regulations on this? Can I request the developer overcome these defects?
According to the surveyed experts, the warranty on the asphalt in the yard there. He is three years, ie in this case has not yet passed. So you can make a claim.
First of all, expert advice company YIT "should determine who bears these warranties. It is not necessary that the developer - maybe another organization. Clarify this question will help the study of "technical conditions" construction.
If the asphalt has been the responsibility of the developer, they say in MAYFAIR Properties, HOAs (or management company) should inform the developer of the shortcomings found. Then jointly drawn up inspection, and the developer will decide either to correct deficiencies, or to dismiss the claims. If a solution developer HOA (or CC) is not satisfied, they will have to go to court.
What to do with electricity?
In our new house we live in October 2008, all utilities paid regularly. But the builder have any problems with Rostekhnadzor, bringing us on weekdays, shut down the electricity for 6-8 hours a day. Each apartment is electric boiler (it is the village townhouses. - Ed.), So that in these hours we do not have, not only light but also heat and hot water.
There was one more problem: the developer announced that the pay for electricity, we must not as a population, and the category "other users" - which is more expensive tariff.
Laws of whether the actions of the builder? How much should we pay for electricity? What can we do to stop the electricity off?
Let's start with the question of tariffs. "Residents need to find out whether they are furnished documents to the property - advises En Un Bock, CEO of CENTURY 21 Rimarkom. - Most people live in new homes under contract assignment, and the owner of the de jure is a developer or investor. Then the energy exhibited by the organization that keeps an object on the balance sheet - and tariffs, respectively, will be elevated, as it legal entities. "
In addition, the expert continues, the owners more room to maneuver: for example, can change the HOA management company, if exhibited tariffs are not satisfied with the tenants. And if there is suspicion of deliberately overstating the tariffs, you can apply for a UK court and claim damages.
So the only practical advice here - to fight for the early entry into operation and obtaining property rights.
As to the interruption, then - as we mentioned above - the developer is obliged to transfer the apartment that "conform to the contract, the technical regulations, design documentation, and town planning regulations, as well as other mandatory requirements." It is clear that electricity is served with such a huge disruption - is a flagrant violation of technical regulations, and claims there to show the developer. The more so, remind experts of MAYFAIR Properties, Section 5, Art. 7 of the Law № 214-FZ of 30.12.2004 "On Participation in the joint construction ...." Provides for the warranty period, which can not be less than five years.
In short, there is every reason for filing for the builder to court. And if there is evidence that as a result of disruptions has been damaged some elektroobrudovanie - they need to document and attach to the claim.
Price Summer premises
A year ago we bought an apartment in the new building. The contract says that all premises, including balconies and loggias, must be paid at a uniform price. When you receive the apartment turned out that the area is greater than anticipated by 7 square meters. m. The developer requires an extra charge, and during the summer and space at full cost, without reducing factors. Are such actions builder?
In this case - are legitimate, because (as he recognizes the letter-writer) the obligation to pay all the rooms at a single price contained in the contract and the buyer signed it. "Usually the contract is fixed price per square meter, and it is reported that in the case of measurement BTI area of the apartment will not be as specified in the contract, it must be recalculated, - said Sergey Kushmenyuk (Condrey). - Either the buyer pays for "extra" parameters, or the builder returns a portion of the apartment turned out to be less. "
As for the so-called "Discount factor" on which area of loggias and balconies are considered to be adjusted in 0,5 and 0,3 respectively, then it is obligatory only for measurement of BTI. In this particular case - we repeat - in the contract clearly states one price for all rooms, which eliminates the buyer any room for maneuver.
Ownership documents for the money
The house was put SC back in 2005, people have been living in it, but many still can not draw the ownership of the apartment. For the required package of documents for this developer requires an additional fee. Or proposes to use "their" lawyers who take a 3-4 times greater than the average for the market.
Laws of whether the actions of the builder? What can the buyers of flats here?
The letter's author points to a very long period of putting the house - as proof of how long the developer Marina residents. A human being is the argument, but from a legal point of view - not so: it is obvious that the object does not build and sell for 214-th law "On Participation in the joint construction ...", so that the levers of pressure from buyers to builders is noticeably smaller.
In any case, of course, an outrage, and the developer must submit to the court. "According to the article. 551 Civil Code, in the case when one party deviates from the state registration of transfer of title to real estate, the court may render a decision on such registration ", - experts say MAYFAIR Properties.
"There is a huge jurisprudence for the recognition of property rights to real estate, - says Yuri Goldberg, Managing Partner of the Corporation's insurance risk under construction. - The services of lawyers are about 50 thousand rubles. A court decision may be addressed to the registering authority for obtaining a certificate of ownership without additional coordination with the developer. "
Vladimir Abgaforov | www.metrinfo.ru