Registration of preschool education in Rosreestr: legal consultation in Moscow

We often receive questions from buyers of new buildings: How to check an apartment in a new building before purchasing (when purchasing)?
How to check the developer when purchasing a new building? In this article we will answer these questions and talk about how to navigate the sea of offers on the market for housing under construction, choose an apartment and minimize the risks of purchasing housing under construction. Checking an apartment in a new building before purchasing should include 3 stages:

checking the developer
inspection of a property under construction
checking the legal “purity” of the proposed purchase scheme, the terms of the contract and the seller’s authority to alienate the apartment

We will describe each stage of verification below.

Content

Why is it necessary to register a preschool educational institution in Rosreestr?
How to find out whether the contract is registered and its registration number in Rosreestr?
How to check the DDU and registration number in the register online
If Rosreestr did not find a DDU when checking online
In what cases is registration of an equity participation agreement refused?
What to do if a check of the child-care center in Rosreestr shows that it is not registered?

In order for a participant in shared construction to be able to “sleep peacefully,” one of the main conditions is registration of the child-share building in Rosreestr. DDU is a shared participation agreement, the main document, the registration of which provides the shareholder with the opportunity in the future to initiate the process of registering ownership of a shared construction project.

People are often afraid to buy housing under shared construction conditions. The reason lies in the horror stories about thousands of shareholders who never received a housewarming party. Without legal advice and professional transaction support, fear and mistrust are not without reason.

Questions with which people most often turn to the Help Consulting law firm for help:

Why is Rosreestr’s participation in the transaction required?
How to check the DDU in Rosreestr, if you just found out that it must be registered?
How to check the registration of the contract if the developer promised to do it?
Where is the DDU registration number issued by Rosreestr indicated?
Is it possible to check the DDU in Rosreestr online?
How to find your contract in Rosreestr?

Despite amendments to the legislation, risks remain in this area, so vigilance will not be superfluous. When becoming a participant in shared construction, even before signing the contract, you need to check the reliability of your developer.

After signing, you should definitely check whether the agreement is registered with Rosreestr. This is done simply and quickly: in the MFC, Rosreestr or online. Only checking the share participation agreement in Rosreestr confirms that it has actually been concluded and the transaction is legal.

Why and who needs to check the registration of preschool educational institutions

Registration procedures are carried out by Rosreestr to secure and confirm rights. All information is placed in the federal database - the Unified State Register of Real Estate. With regard to the addition, the Unified State Register will include information about the emergence of a right of claim to a non-existent object, i.e. on part of the area of the future house. Checking the registration of the DDU may be required:

to ensure that the developer has complied with the mandatory requirement of Law 214-FZ and has submitted the documentation to the cadastral authority in a timely manner;
to carry out a check before registering the assignment (according to the law, you can assign the right of claim only if it is enshrined in the Unified State Register of Real Estate);
to receive an official form confirming the fact of state registration and the DDU number - an extract from the Unified State Register of Real Estate.

Note! If you do not complete the registration procedure, the transaction is considered invalid. In this case, you will not be able to formalize your rights after completing the construction of the house, or demand compliance with the norms of Law 214-FZ. Also, under an unregistered agreement, it is much more difficult to obtain a refund from an unscrupulous developer.

Usually the developer himself submits the DDU to Rosreestr. For this purpose, documents can be sent in written or digital format. After completion of the procedure, the shareholder is issued an agreement with a registration mark. It contains a number and date, which can be easily verified through Rosreestr resources. Below we will tell you how to check the registration of a DDU and make sure that your rights are protected.

Why is it necessary to register a preschool educational institution in Rosreestr?

Signing an agreement with a developer does not mean that the deal has taken place. From the point of view of the law, a share participation agreement signed by both parties has no legal force. In case of disputes, there is no point in filing claims, since until the registration of the DDU with Rosreestr, it is considered unconcluded.

Important!

The investor becomes a shareholder only after registering the DDU agreement with Rosreestr. Even signatures and seals on a document do not confirm the legality of the transaction. Only appearance in the Rosreestr database can be a signal to move to the next stage - payment.

However, developers often require buyers to pay immediately after signing the contract, before it is registered. The wording is this: registration is a formality that will be completed a little later. The explanation is simple: they submit several packages of documents to the registration authority at once, it’s more convenient.

This is really easier for the developer, but for the shareholder this can result in big problems in the future:

An unregistered agreement cannot be presented in court.
It is more difficult to demand your money back and the penalty under the DDU if something goes wrong.
An unregistered contract does not give the right to built housing.

The person who signed such an agreement is, in fact, not a shareholder. The developer will be able to resell the apartment for which he paid his money to another buyer. Therefore, under no circumstances should you agree to the persuasion of developers.

Important!

You cannot deposit money immediately after signing the contract. You must wait until the registration of the DDU agreement in Rosreestr is completed, and only then make calculations!

Only a DDU registered in accordance with all the rules, verified on the Rosreestr website, provides the shareholder with a guarantee of receiving housing or returning money and collecting a penalty from the developer.

A DDU agreement entered into Rosreestr means that:

all developer documents have been verified;
everything is in order with permitting, design and title documentation for this object;
the developer operates within the framework of Federal Law 214.

What to do if registration information is missing

If all deadlines for providing information to the database have already passed, it is necessary to pay attention to other reasons for the lack of information.

Failure to register the contract is possible due to the following mistakes of the parties (both the buyer and the developer):

The representative of the developer company did not provide all the documents when contacting Rosreestr. Often the reason for this is the lack of rights to construct the facility as a whole. This can result in administrative penalties and even criminal liability for the applicant.
The DDU was issued with errors that were identified by Rosreestr employees. Perhaps, at the time of the inspection, they had already notified the developer of the mistake, but he had not yet contacted the buyer or could not do so due to lack of contact information.
The information was submitted by an unauthorized person. It should be noted here that the buyer himself can unilaterally register the DDU with Rosreestr. To do this, he just needs to provide copies of the title documents for construction, which can be taken from the developer himself.
An agreement with an identical number, but with a different owner of shared ownership, has already been registered in Rosreestr.

As a rule, Rosreestr employees issue a written refusal to register a child-care facility indicating the reason. If the reason also affects the buyer, authorized persons of the developer company notify him of the impossibility of registration. Next, the issue of eliminating the error is resolved: a new agreement is concluded, new documents are submitted, etc.

If the developer has not notified you of the problems, you should contact him personally if there is no data on the Rosreestr website. This is done for clarification. You should think about it, or even better, refuse further cooperation when company representatives cannot give an accurate answer. If this happens, you can request a written refusal from government officials in order to become familiar with the real reason. If this is not the case, it means that the company did not submit information for registration of the DDU.

Sometimes the DDU is simply lost when an authorized person of the development company takes away the registered contracts in Rosreestr, since several documents are given at once during one application. In this case, he should visit the branch again and request a duplicate of the contract, which will be issued immediately after paying the state fee.

How to find out whether the contract is registered and its registration number in Rosreestr?

What does a registered child-care center look like in Rosreestr?

On the reverse side there is a registration stamp, signature and seal of the registrar.
The contract is assigned a registration number in Rosreestr.

The developer, as a rule, independently registers the agreement in the registry of the residential building according to a well-established methodology. The shareholder, in turn, can check the agreement in Rosreestr.

Receive information in several ways:

Request an extract from the Unified State Register from Rosreestr or MFC;
Using the online service of Rosreestr.

The shareholder can contact any multifunctional center or Rosreestr in person. You can ask someone else to take the extract, but then you will need to issue a notarized power of attorney. Service is carried out on the basis of an identity card - a passport. You must first pay the fee, and you will also need to write an application in the prescribed form.

The registrar who accepted the application issues a receipt to the shareholder stating that it has been accepted and the relevant documents have been received.

You can come for an extract from the Unified State Register of Real Estate:

when contacting Rosreestr after 3 working days;
when contacting the MFC within 5 working days.

An extract from the Unified State Register contains all the information about the object necessary for the shareholder:

information about the owners of the site on which the house is being built;
all agreements concluded by the developer;
information about existing encumbrances, etc.

Illegal schemes used by developers

There is 214 Federal Law “On Participation in Shared Construction”. This law regulates in detail the obligations of the developer to shareholders. For example, it specifies liability in the amount of double the refinancing rate for failure to complete the project (at the time of writing this is 20% per annum). Any other methods of buying an apartment, except for a DDU agreement, are aimed either at committing a crime, for example, through a double sale, which now rarely happens, or at significantly reducing the developer’s liability, or completely depriving you of the right to apply sanctions against him. For example, in the case of concluding an agreement for the assignment of the right of claim, in case of violation of construction deadlines, the penalty will be calculated not from the cost of the apartment, but based on the price specified in the agreement between the developer and , while in this scheme the developers indicate that the company has not paid in full , accordingly they refuse to pay the penalty.

When purchasing an apartment through a housing cooperative, shareholders do not actually elect the board and cannot control its actions, and from the point of view of the law, the board can increase the cost and construction time without any responsibility for this. When concluding an agreement, you may be asked to enter into: an agreement for the assignment of the right of claim; • investment contract for the construction of a residential building; • preliminary purchase and sale agreement; • purchase and sale agreements, promissory notes (in most cases, this is the actual purchase of an apartment under a promissory note); • co-investment agreement. From a legal point of view, these schemes are illegal.

How to check the DDU and registration number in the register online

You can check the registration of the agreement in the Rosreestr online at rosreestr.ru/site/. To obtain the necessary information, simply follow these steps:

Go to the site and scroll down the page.
Find the “Electronic Services” column and click on the link.
A page will open that lists all the services provided by the service electronically.
Select the third section: “Reference information on real estate objects online.”
In the first line of the table that opens, enter the cadastral number of the land plot that needs to be verified. His number is indicated in the DDU.
Click on the “Generate request” button and click on the object.
Information on the object will open in a new window. Click on the “Rights and Restrictions” line.
A list of all registered contracts will open. If your DDU number is there, then everything is in order.

If Rosreestr did not find a DDU when checking online

Perhaps the equity participation agreement simply hasn’t been added to the list yet. Find the line “Date of information update” and see when the last data was entered.

To register a DDU, the law provides for:

7 working days if documents are submitted directly to Rosreestr;
9 working days – through the multifunctional center.

After the first construction participant has completed the registration procedure for an equity participation agreement, subsequent participants rarely require more than 5 working days.

How to check a developer under Federal Law 214?

When purchasing an apartment in a new building, the inspection should begin by studying the formal documents: an extract from the register, which can be ordered via the Internet.

The extract will contain the following information: who is the general director and for how long, who are the owners of the company, the authorized capital, the period of registration - the existence of the company, whether the legal address is the address of mass registration of the company, whether the company is at the stage of termination - liquidation. It is also recommended to check the website of the arbitration court in the region of registration of the company, whether there are any legal proceedings against the company, incl. bankruptcy claims. On the issue of violation of construction deadlines and quality of construction, you can view information on the website of the district court at the place of registration of the company. In addition to official sources, a lot of information can be found on forums and social networking groups for your home. As a rule, they discuss issues of violation of construction deadlines, delivery of apartments to owners, quality of construction and the work of the management company. If your developer has been on the market for a long time and has completed projects, this information will also be useful. Pay attention to which company insures the construction project; if it is a large, well-known insurance company, then your risks are significantly reduced. The same applies to banks offering mortgage programs for this home. If this bank is in the top 50, even if the developer goes bankrupt, construction will most likely be completed. Based on these and other signs, you can determine whether the developer is reliable or whether there are risks when buying an apartment.

In what cases is registration of an equity participation agreement refused?

In order for the agreement to be registered in the DDU database, the developer and the shareholder need to prepare a number of documents.

Registration, in particular, will be refused if the documents:

are presented incompletely;
incorrectly formatted;
submitted by an improper person (the following have the right to do so: the developer, the shareholder, or his representative with a power of attorney certified by a notary).

Important!
Registration will be refused if a shared ownership agreement has already been issued for this apartment with another shareholder. Rosreestr will not register the same contract twice. That is why checking the registration of the contract is the most reliable way of control.

In case of refusal, Rosreestr is obliged to send the applicant a letter explaining the reason. If the refusal is unlawful, it can be appealed in court by both the developer and the participant in shared construction. If the court's decision is positive, registration will take place. However, this procedure takes a lot of time, and the conclusion of the contract will be delayed.

Reasons for refusal of registration?

To register a document, a number of papers are prepared. The refusal may be motivated by the fact that the entire package of documents is missing, or they are formatted incorrectly, which is regarded as invalid data.

In this case, the employees provide the applicant with a comprehensive explanation of the refusal. It may also consist in the fact that the DDU has already been registered in the name of the other spouse - Rosreestr does not make two different registrations for the same object, this is technically inconvenient, and confusion arises.

Information!

In case of refusal, the government agency sends an official letter indicating all the data that prevents the activation of the transaction. The problem may lie in the illegality of the parties to enter into such transactions - at this stage it turns out that either the company has problems or the applicant for equity participation himself.

The refusal can be appealed in court if the circumstances preventing the conclusion of the agreement have been eliminated.