Acquisition of the apartment in the house - the new building of
cannot Buy the apartment in the unfinished house, just because it does not exist yet. It is only possible to invest money in construction, acting, as a matter of fact, as the businessman who invests money in construction business and bears all risks, with it connected.
In order that this money not to lose and drive it is necessary to present process of registration of construction of the house and realization of apartments, possible risks and ways of their minimization to that apartment to which you counted, and in the expected time.
- of What documents for construction happen:
- Investment contract. Construction of the house begins with the competition announced by the Government of Moscow. The firm which won a competition becomes the general investor, as is confirmed by the investment contract.
- the Order of the Moscow authorities about granting a site for construction
- the Lease contract of the land plot
- Project (construction) documentation
- of the Documents governing the relations of participants of construction :
- Contract of joint investment (individual share). The general investor can build the house on own means or attract other investors (co-investors) with whom this contract is signed.
- Turnkey contract. The general investor or the co-investor builds itself or attracts the construction organization - the contractor, this organization will be a builder. The builder - the contractor can involve subcontractors to performance of separate works. The builder can also be the co-investor of construction.
- of Who has the right to sell apartments
Depending on conditions of the investment contract can act as sellers of apartments:
- General investor.
- the Investor (co-investor) if it has a right of involvement of private investors.
- the Builder if to it, under the contract with the investor the part of apartments in the house departs.
- the Realtor firm, acts under the commission agreement or the contract of an assignment. Also can redeem part of apartments and be in that case the investor (co-investor).
- of Contracts with the client . The form and sense of the contract depend, again - on conditions of the investment contract, relationship between participants of construction and that with which of them you cooperate.
- of Contract of investment (contract of individual share). The most reliable is the conclusion of the contract with the general investor. In this case you will not be extreme at any disagreements between it and the co-investor or the builder.
- Contract of assignment rights of the requirement. The similar contract is signed with the co-investor or the builder, its sense is that the co-investor or the builder concedes to the buyer the right to the apartment in the built house.
Here an important point is that, according to the new Law “About Individual Share in Construction“ the concession of the requirement is possible only after the participant of construction completely fulfilled the obligations under the contract or along with a concession of the requirement there is a transfer of a debt on the new person.
the Essential moments in the contract are :the Description of the apartment agrees
- proyektno - construction documentation. It is necessary, as a result, to get that apartment on which you count.
- the Price of the apartment and cost of square meter, the last is important because the area of really built apartment can differ from design to 10%, respectively, also the final price of the apartment will change.
- construction Terms.
- Penalties for default on obligations.
- of the Final stage is reception of the house by State commission, registration of the property right to it, after that you: you Sign with
- the transfer act (the acceptance report - transfers of a real estate object) in case you signed the contract of investment (individual share). you Sign with
- the contract of purchase and sale of the apartment with the general investor on the basis of the original contract of a concession of the right of the requirement then the transfer act is also signed.
- Registration of the property right in the Federal Registration Service. After receiving from the Federal Registration Service of the Certificate on the State registration of the right you at last become the owner of the new apartment.