Buying an apartment from the developer always has some risks, since it is often not the property is purchased, and the rights to it, is an investment agreement. Therefore, the transaction must be approached responsibly. We'll tell you how not to get into a difficult situation, buying an apartment in new building.
Check a document
The first thing to do before making a decision about buying an apartment from the developer is to check the availability of the builder permits, allowing to sell apartments in not put into operation the house. In accordance with the Law of Ukraine "On Urban Planning" all construction sites are divided into I, II, III, IV and V grade. According to Nikolai Bespalov, a lawyer of the company "The first realtor group", depending on the complexity of the construction from the developer should be required to build a different package of documents.
The market investments are the most common objects III, IV and V categories of complexity.
For the construction of apartment buildings of III category of complexity developer must have the following documents:
Document confirming the developer of the land on which the construction of the facility is carried out. Land can be owned by the developer, lease or permanent use. Make sure that the purpose of the land in line with the construction of an apartment building. Urban conditions and restrictions. Specifications. Project documentation. Declaration of the start of construction works registered Inspectorate Architectural control.
At the same time, for the construction of IV and V category of complexity developer must have all of these documents and other documents confirming the conduct of examination of project documentation (expert report on the review of the project documentation), as well as the resolution on the implementation of construction works. In addition, the contractor of the construction IV and V categories of complexity required to have a license to conduct business activity related to the construction of the object architecture.
I do not believe in the "later"
"If the construction of the house is already underway, and the developer housing is not, for example, building permits, but its managers assure you that permission is obtained later, remember that this" construction "clearly will be a problem, since construction work in the construction of an apartment building can only begin with a permit, "- said Alexander pens, lawyer ILC" Alexandrov and partners ".
In addition to the documents relating to the construction of new buildings should ask the builder to provide a copy of the certificate of state registration, charter and balance. It is also necessary to pay attention to the fact that all the documents were not stitched, but because their contents could draw an unambiguous conclusion that the developer at the moment has the right to build the promised house at that address.
"Separately, we note the importance of the availability of licenses, registration certificates and solvency in financial company (the bank), which provides financing (financial support) project in which you offer to invest their money," - says the pen.
Carefully read the contract
To avoid becoming a victim of construction scams, before you buy an apartment from the developer should examine the contract carefully. Ideally, it is better to find a specialist in the field of construction law and order a comprehensive inspection of the developer documentation and conditions specific contract, which asked to sign. The cost of such services relatively low, and the use of them is obvious.
To understand the subtleties of investment contracts the investor alone is very difficult. For the text of the agreement is necessary to study the specific legislation that regulates the corresponding legal relationship.
"The legislation of the different requirements for the form and content of the relevant agreement can be established. It is necessary to understand the legal implications of the conclusion of the investment agreement. For example, a preliminary contract is not a document of title to real property, and the obligation of the parties to conclude a contract of sale of an apartment in a new building in the future. Therefore, in itself a preliminary contract is not an investment contract.
In turn, the contract of sale of property rights to immovable property is a contract by which the seller sells the property rights to the apartment in new buyer and the seller is not obliged to carry out the construction of real estate ", - says Nikolay Bespalov.
If you are unable or unwilling to seek professional help, there are several items in the contracts that are worth paying attention. "First of all, the contract must be clearly marked and clear of his" thing "that is, what specifically agreed his side. It often happens that the investor is mistaken about the fact of what he pays the money: many, for example, it seems that they sign a contract of sale of real estate, when in fact they are investing money in obtaining the rights to the apartment, sharing the risks with the developer .
Do not enter into contracts, while not exactly understand what it is about. Make sure the contract contains clear deadlines for his actions, as well as acceptable as possible for you to transfer the finished apartment, "- says the pen. If the contract provides for the subsequent conclusion of the contract of sale or an act of reception and transmission apartments, a clear timetable should be provided for such a conclusion, the order of the conclusion and operation of each of the parties that they must implement for the conclusion of these transactions.
Quite often, the developer of an apartment building makes to the provisions of the contract that if the authorities failed to give him the necessary documents, it is not liable for not handing over the flat from the builder.
This means that if the building "a problem" and put into operation the public authorities do not rush to a new building, a very little chance to effectively protect their rights. The experts also advised to be as attentive to the determination of the price for an apartment in a new building. For example, some property developers, indicating the price of UAH, hidden provisions in the contract that the price is adjusted depending on the US dollar.
Particular attention should be paid on the items that relate to termination of the contract and the reciprocal compensation. Quite often, the developer puts the investor in such conditions that terminate the contract last unprofitable. "The latest example is the fall of the national currency, allowing developers to contract counted the cost, increasing it three times, while pointing out that the dissolution of the money is returned with a huge fine. Naturally, the price of new apartments cheered by no means all, but very few of the insolvency decided to terminate his contract, "- said the lawyer.
If the contract is that you offer to sign, made in such a way that to understand its meaning is simply impossible, it does not contain specific dates obligations on transfer of the apartment and the documentation on it, and there are no guarantees of performance and return money you need to think carefully about your decision about buying an apartment in this company. "Practice shows that the reliability of the developer, though without much enthusiasm, but still make concessions, the contract prescribed so that customers do not doubt their reliability", - Handle notes.
Reputation is more expensive money
To protect your purchase, in addition to the documentation you need to inquire about the company's reputation. First of all, you need to know how many houses are already built (or perhaps never built) and populated the developer. Visiting specialized sites and forums on the Internet, pay attention to whether the buyers of apartments were not only able to move into the house handed over, but also to register the right of ownership.
For example, in Kiev, there are a few houses in which, because of unresolved problems with the documentation in the construction, there is simply no mailing address, and residents can not register any location or ownership of the apartment.
Now in Ukraine there is absolutely free and a public register of court decisions. In the query string of court decisions in the registry must enter the name of the developer (according to the Register of Legal Entities), or its identification code. After all the necessary steps, the system will give you the list of judgments that relate to your builder. "According to the content of judicial decisions, you will understand with what the builder you have to deal with. If the registry is full of disputes in which the deceived investors demand to return the money, arguments about the demolition of illegal buildings, or you find a bankruptcy case the builder, as the case of the cancellation of construction permits (not to mention the criminal cases), the board may be only one - look builder with a clean history of judicial relationship ", - advises lawyer ILC" Alexandrov and partners ".
It is also necessary to find information about the companies you are interested in on the website of the State Fiscal Service, since the presence of the tax debt is almost always fraught with problems for the company. After all the action, try to organize and analyze the collected material. You have to understand that in our country there is no crystal clear developers, so refuse to buy because of the petty grievances of any of the Internet users is not the most sensible approach, but also deciding to give their money, remember that from its deliberations will determine the success your investment. Offer also available with tips on what to consider and what to look for, taking an apartment from the developer.