The construction of residential buildings, especially when it comes to multi-storey buildings, is a very responsible process, since violation of building codes can lead to tragic consequences during the operation of the building. Therefore, the quality of construction work is necessarily controlled by the state.

Before owners begin to move into new apartments, they must obtain permission to put the new building into operation from government regulatory agencies. How the quality of work is controlled at different stages of construction of a residential building, what documents confirm the quality of the constructed object, will be discussed in this article.

How is the quality and safety of a new building confirmed?

For citizens who become the final consumers of the product from the developer - residents of new apartments, the implementation of technologies for quality control of construction work will seem very vague. To a greater extent, they are interested in a question of a slightly different nature - when it will be possible to move into the apartment and begin to make repairs, in other words, to settle into a new home.

The technology for quality control of construction work by the state is organized in such a way that until the developer receives permission to put the facility into operation, apartments cannot be transferred to citizens for use. The received permit, in turn, is a guarantee for new residents that all work was done properly and nothing bad will happen to the house in the future.

Legislative acts and procedure for obtaining permits

So, after the completion of construction work, the time begins for the developer to prepare a number of documents. These documents are intended to confirm the quality and safety of use of the constructed facility, and also serve as the basis for the transfer of apartments to their owners. Many, out of old habit, call the quality control process a “state commission,” although in fact the procedure for handing over an object was changed quite a long time ago.

Acceptance of the house by the “state commission” in the usual sense of this wording was carried out until the end of 2004, when the Town Planning Code of the Russian Federation was adopted and came into force. The commission consisted of representatives of design organizations, architectural and construction control, fire, sanitary control, as well as specialized employees of a number of other organizations. And permission had to be obtained from each organization whose representative was present on the commission. After the new acceptance procedure came into force, the preparation of the necessary documents began to take place in a comprehensive manner.

After the introduction of the Town Planning Code, the acceptance procedure was somewhat simplified; today, the commissioning of a facility is regulated by the following legislative acts:

• Article 55 of the Town Planning Code of the Russian Federation (Federal Law No. 190), the text of which states that the acceptance of capital construction projects is carried out by local authorities. For projects under construction in Moscow, such a body is the state construction supervision committee, and for new buildings in the Moscow region - federal or local government authorities;
• Regulations on the implementation of state construction supervision in the Russian Federation (introduced by Decree of the Government of the Russian Federation No. 54 of February 1, 2006). Based on this document, construction supervision authorities check the work at each stage of construction - from the developer receiving permission to conduct construction to the final stages of work.

These legislative acts, in essence, reduce all measures for the acceptance of a facility to the need for the developer to obtain two documents:

1. Conclusion of Compliance (AOC) “Conclusion on the compliance of the constructed, reconstructed, repaired capital construction facility with the requirements of technical regulations and design documentation.”

According to the “Regulations on the implementation of state construction supervision in the Russian Federation,” inspections are carried out throughout the entire period of construction work, and by the time the final inspection is carried out, a whole list of inspection reports has been accumulated, which contain information about shortcomings, the time and timing of their elimination.

The conclusion is issued on the basis of the final inspection of the facility by representatives of the State Construction Supervision Committee, as well as reports of intermediate inspections. The committee includes specialized specialists, each of them checks a certain segment of work corresponding to its specialization - these are electricians, plumbers, sanitary and epidemiological supervision, fire inspectors, etc.

1. Based on the AIA, as well as a number of documents (not related to the acceptance procedure, this is a certificate of land ownership, etc.), the developer is issued the main document - Permission to put the facility into operation.

After permission to put into operation is received, the house is considered to have passed the state inspection, the level of quality of the work carried out has not raised any complaints, and residents can be calm about the safety of their residence.

This means that the house can be registered with the state (a postal address is assigned), in addition, permission to put it into operation means that the apartments can be transferred to the owners (transfer and acceptance certificates are signed).

What should be ready at the time of the final inspection

• Before representatives of the State Construction Supervision Committee appear at the site and begin their work, the developer (general contractor) must complete the following work:
• Construction and installation works;
• Work on organizing engineering communications;
• Conclusion of contracts for the maintenance and operation of utilities (elevator facilities, water supply, sewerage, gas supply, heating, electricity supply);
• Improvement of the local area (paved roads for cars, lighting, parking lots, etc.);

Measurement of the object by employees

In other words, the property must be fully prepared for habitation. Any shortcomings may be an obstacle to obtaining an AIA and, accordingly, to obtaining Permission to put the facility into operation.

The absence of this permission determines the impossibility of transferring the apartment to the owners. That is, the developer is unable to fulfill its obligations to counterparties on time. And this is fraught with lawsuits and possible expenses for the developer.

Move-in and renovation

Before the adoption of the Town Planning Code, it was common practice to provide apartment owners with the opportunity to carry out renovations before the house was officially put into use. Today, the procedure has become stricter - occupancy can occur no earlier than the developer receives permission to put the house into operation.

However, the owner is advised to refrain from carrying out major repairs that involve changes in the configuration of the apartment until a certificate of ownership is issued.

This document confirms that the apartment belongs to its owner; only with this document can the apartment be sold, donated or inherited.

The law quite clearly states the following: making any changes to the configuration of the apartment before receiving it is unacceptable. This provision is related to the procedure for obtaining a cadastral passport (required to obtain a certificate of ownership). During this procedure, it may be necessary to re-measure the areas of the apartment.

If various design elements (finishing with plasterboard sheets, constructing decorative elements - partitions, niches, etc.) become an obstacle for measurers, the latter can legally demand the elimination of these obstacles. Failure to comply with this requirement is an obstacle to registration of ownership rights, and implementation (dismantling of finishing elements) is associated with unnecessary costs.

Conclusion

So, this article listed all the measures necessary to obtain documents that guarantee sufficient quality of construction and related work, as well as safe living in apartments of a new building.

The modern permitting procedure is designed in such a way that there is a designated person responsible for performing the inspection at each stage. This made it possible to eliminate “absentee checks” carried out for a well-known incentive. During the final inspection, reports of intermediate inspections are reviewed - this way you can track the quality of the “hidden” work, as well as the level of responsibility of the developer, and the level of organization of internal control.

In addition, the modern inspection system has made it possible to slightly reduce the time required to complete the necessary documents. Now, a developer who diligently complies with all building regulations needs 2-3 months to complete the necessary documents, including transferring the apartment to the owner.

But no, in fact, the presence of this permit does not at all guarantee that the shareholder will not encounter certain problems, the solution of which may require time, effort and nervous tension.

Today we will talk about what “pitfalls” may lie in wait for a shareholder at the stage of transition to using his home and during its subsequent operation.

Difficulties in registering property rights. What does this mean?

One of the factors that does not allow the shareholder to fully dispose of his property immediately after accepting his apartment and handing over the keys may be the lack of ownership of the property. In a number of cases, the developer undertakes to formalize the ownership and simultaneously register the apartment with the cadastral register. (as an additional service under DDU).

But the developer is not always in a hurry to fulfill his obligations; oddly enough, sometimes it is beneficial for the company to delay this process. Until the property rights to the housing are registered, the developer has the right to dispose of the local area. For example, a developer can organize parking and take payment, impose on residents (through the Criminal Code proposed by him) various services that residents have to pay for (including unfulfilled services). In addition, the developer can simply wait until the residents independently register ownership, and the money they paid for the provision of this particular service will not be returned.

What is the problem?

Without ownership of the apartment, the shareholder actually does not have the right to live in the housing, which he has already paid for long ago; legally, the apartment is still the property of the developer. That is, since the house was accepted by the state commission, you can live in this house, and the developer who owns the apartments now (legally) may well allow future homeowners to live there (technically he can allow anyone to live in the apartment). The equity holder, from the point of view of the law, cannot even make repairs in the apartment, but the worst thing in this situation is that the equity holder cannot change the management company, and this is what equity holders often have to do first.

It happens that the developer signs an agreement with the management company, which takes the residential building on its balance sheet, on terms that are extremely unfavorable for the shareholders. The latter, in the absence of property rights, have to unconditionally agree to all the conditions of the management company, including paying for utilities at extortionate tariffs, paying for imposed services, or even paying for services that are not provided.

Thus, the developer gives the shareholder, who has signed the transfer and acceptance certificate, the keys to the apartment and provides the opportunity to live there on unfavorable terms. It must be admitted that in such a situation the developer is not always to blame; for example, sometimes the local administration interferes with the company’s actions in order to motivate it to fulfill its obligations to the city. For example, he demands to build the promised section of the road, a parking lot, to improve part of the district territory, or to build a garage for one of the officials, to sell an apartment cheaply - this also happens.

What to do?

If the described situation arises, the shareholder must apply to the court with a statement of claim for recognition of ownership rights to the real estate. In the event that the court decides that the shareholder has full rights to this apartment(and the chances are very high, since the situation is obvious)

, then Rosreestr will be obliged to carry out the appropriate procedures, and the shareholder will become a full owner of the property. When going to court, along with the application, you must submit a copy of your identity document and a copy of the contract with the developer(DDU)

, as well as copies of payment documents that confirm the fact of settlements under the agreement.

The residential building does not accept the management company. Causes and possible consequences Now let's look at a slightly different situation. It would seem that everything is great, the house has officially been put into operation, the building has been given a postal address, the apartments have been registered in the cadastral register and the owners of the apartments also have ownership rights. But it’s impossible to start renovations and live in, since the apartments have no heating, water or electricity(or even all at once)

. The management company refuses to accept the house on its books because the developer has not completed all the work and the building is in a condition that does not allow it to be used.

From the point of view of simple logic, this is how it should be - it is difficult to imagine that a state commission can accept an unfinished building, thereby, in fact, allowing people to live there. This is exactly what equity holders think, but in fact, the procedure for handing over a house includes certain nuances.

What is the problem?

Handing over a house to a developer is a rather complicated procedure, and delays often occur at this stage. The developer has to over and over again eliminate the shortcomings specified in the instructions of representatives of various state regulatory bodies (fire inspection, gas service, energy supervision, sanitary and epidemiological station, construction and architectural control). With all this, representatives of the listed structures do not check everything; they are mainly interested in whether it will be safe for people to live in this house.

However, the concepts of “safety” and “comfort” are completely different concepts, therefore, even after the developer receives permission to put the house into operation, the following can be carried out:

Finishing work– in principle, most apartments are rented without finishing under a contract. However, this does not apply, for example, to the local area; the law allows the developer to complete the relevant work after transferring the apartment to the shareholder;

Commissioning works. These are general building control and accounting systems (water supply, electricity consumption, etc.), the ventilation is checked; similar work can also be carried out after the house is commissioned.

It is difficult to imagine that a shareholder would accept an apartment where it is impossible to check the operation of utilities, (due to lack of resource supply), some work has not yet been completed, where there is dirt in the yard instead of a landscaped area. But in some cases, developers manage to rent out such housing.

1. Thus, the shareholder is interested in completing the finishing work as quickly as possible, so he can accept the developer’s offer and accept the apartment, especially if this offer was received long before the date specified in the contract. The very fact that the house has already been put into operation, the opportunity to get an apartment ahead of schedule (this means that the developer not only met the deadlines, but even completed the work ahead of schedule)- all this makes the shareholder think that, of course, the developer will very soon complete the construction.
2. In another situation, for example, shareholders, frightened by protracted deadlines (for a year, two or more) take the first opportunity to get housing. This happens when, instead of a bankrupt company, construction work is completed by another organization, especially if there is a change of companies (search for funds, restructuring of bank loans, obtaining funds from the reserve fund, bankruptcy proceedings, sale of assets of a bankrupt construction company, etc.) lasts for several years. In this situation, a judicial resolution of the issue, for obvious reasons, cannot in any way affect the speed of the processes described, so shareholders are doomed to accept everything “as is”, and then solve the problems on their own.

What to do?

Regardless of the reasons, the apartments in the building are unsuitable for use, and in such a situation, correcting the defects yourself can be quite expensive, as a result the cost of housing will increase significantly. Therefore, you should not act hastily, especially since after signing the acceptance certificate, it will not be easy to somehow influence the developer to correct the situation.

Even if you have serious reasons to think that the developer will fulfill all his promises, or if you are impatient to register ownership of the apartment, when signing the deed, do not forget to indicate all the work that was not carried out or that could not be verified (due to lack of water, electricity, etc.).

Now all that remains is to watch how events unfold. If the developer completes all the work - great, but if not - remember that the law obliges him to eliminate all defects within the period indicated in the inspection sheet. If no deadline was specified when signing, then the developer must correct everything within three months. If the work was not completed on time, go to court immediately; it will be better if you manage to come to an agreement with the same owners and file a class action lawsuit.

Commissioned residential complexes

We have selected several residential complexes in Moscow and the region that have already been put into operation. Among them, you will definitely find an interesting option for yourself: click on the photo you like in the carousel and find out details about the residential complex you like!

Problems with the quality of housing. Possible difficulties with warranty repairs

During acceptance, the equity holder may not notice some shortcomings, and certainly will not be able to determine the quality of hidden work without special equipment. If, for example, it can be determined visually or using measuring instruments that the walls are curved or there are significant differences at the joints of the floor slabs, then it is more difficult to determine what loads the electrical system can withstand.

What is the problem?

After registration of housing ownership (even after a year or two) Defects may appear, such as poor insulation of residential premises from climatic factors (freezing of walls), unsatisfactory work of utilities, etc. Even if everything has already been signed a long time ago, the owner of the property may demand that the developer eliminate the shortcomings, in accordance with the law, the contract (DDU only) must contain a warranty clause.

The developer is obliged to do everything necessary to eliminate shortcomings within five years; he can do this voluntarily or in accordance with a court decision.

However, it is worth understanding that it is not profitable for the developer to carry out any work for free, therefore, most often, the company will simply wait for your statement of claim, and then will insist and prove that the problems arose as a result of improper operation of the premises, violation of technology during repairs, etc. .

Separately, it is worth mentioning the cracks on the walls. Cracks may indicate that the foundation was laid in violation of technological standards, and the consequences in this case over time can be very serious, up to the collapse of the floor slabs (with all that it implies).

What to do?

In order for the court to take the side of the equity holder, weighty arguments will be required, such as the results of a construction examination (some companies offer such services). Accordingly, the plaintiff is obliged to pay for the experts’ work, and this pleasure is by no means cheap.

In addition, the owner can exercise his right only if at the time of problems the construction company continues to exist. If the company goes bankrupt or closes down for other reasons, there will simply be no one to make claims. Therefore, when choosing a developer, it is better to give preference to a company that has a history - a good history, without long-term construction and numerous lawsuits (we have already written about how to check the history and reliability of a developer in a separate article).

Violation of environmental standards. Dangerous housing

In addition to problems associated with the quality of construction work performed, the shareholder may encounter such troubles as increased background radiation, the presence of strong electromagnetic radiation, and excess levels of compounds in the air that are dangerous to humans, such as ammonia and formaldehyde. (they can be emitted by low-quality building materials).

What to do?

In the above cases, the developer is simply unable to do anything, even if he really wanted to. The only possible way out of the situation is to go to court (with the corresponding results of construction expertise). If, for example, environmental parameters are exceeded, but still do not pose a direct threat to life and health (this is determined by experts based on currently valid standards), you can demand compensation from the developer. But if the examination shows that the excesses are very serious, it is simply necessary to demand from the developer a full refund of the amount paid for the housing, as well as compensation for moral and material damage.

If various design elements (finishing with plasterboard sheets, constructing decorative elements - partitions, niches, etc.) become an obstacle for measurers, the latter can legally demand the elimination of these obstacles. Failure to comply with this requirement is an obstacle to registration of ownership rights, and implementation (dismantling of finishing elements) is associated with unnecessary costs.

Unfortunately, most of those who are in the process of choosing a new building are not even aware of the existence of many of the listed problems. Therefore, in conclusion, we would like to remind you that, along with such criteria for choosing housing from a developer, such as price, location, convenience of planning, and other factors, it is worth analyzing the activities of the developer.

Thus, a large company with a good history is unlikely to skimp on the quality of building materials or take a careless approach to quality control. The emergence of negativity among clients and its dissemination on the Internet can quickly lead to a drop in demand for the developer’s services; reputational risks are too high. If a new building has already been selected, pay attention to the past performance of the developer, look for reviews, and use all available sources where you can find useful information. More details about how to study the activities of a developer are written in the article “Believe it or not. How to understand whether a developer is trustworthy."

Igor Vasilenko

You have become a participant in shared construction and in the near future you will become the owner of a new building. How to resolve the issue of registration at the place of residence in a new building. There is one feature here that is of no small importance for the exercise of your rights as the owner of a new building, namely one question: whether the house is put into operation. But let's start in order.

To carry out state registration at the place of residence, the presence of the place of residence itself, and with a certain legal status, is required. First of all, it must be a residential premises suitable for permanent residence of an individual. What this means is that such a residential premises must fully comply with certain technical and sanitary standards provided for by current legislation.

This is precisely the peculiarity of new buildings, namely:

The process of moving into a new building may not always coincide with the commissioning of housing construction and the registration of ownership of the new building. Thus, if the house is not put into operation and is not included in the state register as a residential building, you will not be able to take any legal actions.

The house was not put into operation - causes and consequences

It should be noted that the acceptance and commissioning of a house is carried out by various state departmental commissions and inspections.

Implemented

• inspection of housing construction for compliance with norms and state standards,
• measurement of existing living space;
• direct commissioning of housing construction.

Accordingly, if state inspections identify violations committed during construction, it is quite possible that your house will not be put into operation. In fact, there are many reasons for failure; this could be a lack of electricity or water supply, a malfunction of sewerage and other utilities, etc. Thus, the question of whether the house is put into operation largely depends on the integrity of your developer. If all construction work was carried out in accordance with the design documentation, if all the necessary technical documentation is available, there will be no problems with putting housing construction into operation.

The house is not put into operation - legal component

What should the shareholders do if the developer turns out to be unscrupulous and is unable to put the house into operation (due to significant violations or bankruptcy). Current legislation provides that unfinished construction projects can act as real estate. Accordingly, each participant in shared construction has the right to recognition of ownership, including by court decision.

Legal information:

Article 131 of the Civil Code of the Russian Federation provides that even if the house is not put into operation, this cannot be a basis for denying shareholders recognition of ownership of the residential premises.

If you have properly fulfilled your obligations under the shared construction agreement and paid the rent for the apartment in the prescribed manner, you have the right to count on the fulfillment of obligations by the developer. This takes into account the actual residence and payment of utility bills in the new building.

Arbitrage practice:

Existing judicial practice shows that the requirements for recognition of ownership of participants in shared construction are, in most cases, satisfied in full.

conclusions

If you have become a hostage to unlawful actions on the part of the developer, regardless of whether the house has been put into operation, you have the right to judicial protection of your material interests and legal rights. This is the only way you can exercise your rights as a full-fledged owner of a new building. Exercise your legal rights and dispose of your property to the fullest extent. You can find out the full meaning of the term place of residence and features of legal status by reading the article.

Expert's answer.

On the websites of developers and real estate agencies you can find many advertisements for the sale of apartments in recently completed buildings. The advertisement states: the facility has been put into operation. Formally, in this case, the buyer can move in immediately after concluding a contract for the purchase of housing.

"Gray" period
In this article, we consider the option when a construction company sells apartments in accordance with 214-FZ - by concluding an equity participation agreement (DPA). Typically, the developer manages to sell most of the housing in an apartment building by the time the building is put into operation - according to statistics, from 5% to 20% of apartments remain unsold.

The developer and the shareholder can sign the DDU only during the period from the moment of receiving a construction permit until the issuance of permission to put the facility into operation. According to the head of the legal department of NDV SPb, Anastasia Soldatova, after the completion of the house, construction is considered completed, which means that it is no longer possible to raise funds in accordance with 214-FZ.

Moreover, as Anna Maksimova, General Director of the Consulting Center for Shared Construction and Real Estate, explains, shared participation agreements submitted to Rosreestr after signing the permit to commission the facility will simply not be registered. “Even if the registration authority does not have information about this permit and the agreement is nevertheless registered, subsequently it will not be the basis for registering the buyer’s ownership rights,” explains Anna Maksimova.

After the developer registers his ownership rights to unsold apartments, he sells them under sales and purchase agreements.

Nevertheless, apartments continue to be sold even during the period when the object has already been put into operation, but the developer has not yet formalized the ownership rights to the housing in it. Moreover, the only possible and legitimate mechanism for selling housing during this period is the conclusion of a preliminary purchase and sale agreement. That is, formally, apartments are sold according to the most dangerous scheme for buyers.

As Oleg Ostrovsky, head of the Department for Control and Supervision in the Field of Shared Construction of the Construction Committee, told BN, agreements between the developer and citizens, drawn up after receiving permission to put the facility into operation, are regulated by the Civil Code. “The conclusion of preliminary agreements for the purchase and sale of apartments at this stage does not contradict current legislation. But after the developer has registered ownership of the apartment, he is obliged to draw up a basic purchase and sale agreement with the buyer,” the official explained.

Without registering
According to Anna Maksimova, from the moment the house is handed over to the state commission until the buyer’s ownership of the purchased apartments (and, accordingly, the developer’s rights to the unsold ones) is registered, it takes from three to six months. “Among other documents, the construction company must provide the Rosreestr department with permission to put the facility into operation, as well as confirmation that the house is connected to utility networks “according to a permanent scheme.” If the developer does not have the opportunity to conclude appropriate agreements with service providers, or he did not have time to create a package of other documents necessary for registration, the period for registering ownership rights may be delayed,” she claims. There are several known cases where a company could not register ownership of apartments for more than a year.

As Andrey Veresov, General Director of the New Petersburg Group of Companies, says, the speed of registration of housing rights largely depends on the quality of work of the developer’s legal service and the characteristics of the property. For example, the more apartments in a building, the more complicated and longer the registration procedure takes.

Without the right to registration
From a legal point of view, home buyers in the so-called gray period (the house has been delivered, but ownership of the apartments in it has not been registered) bear risks similar to those when purchasing real estate under preliminary agreements during the construction period. Theoretically, before the object is put into operation, the developer can sell the apartment under an equity participation agreement, and then, after he receives permission to put the object into operation, sell the same apartment - but under a preliminary agreement. However, such cases have not yet been encountered on the St. Petersburg market.

An undoubted advantage of buying a home in a rented house is the opportunity to receive the keys and move in immediately after concluding a preliminary contract and paying for it. As Anastasia Soldatova explains, the lack of ownership rights prevents the buyer from only disposing of the apartment (for example, selling it or donating it). You can live in it after drawing up a transfer deed.

It is worth remembering that before registration of ownership rights, residents of such apartments may face many problems. It is impossible to register in an unregistered property, and you will have to pay for utilities according to the tariffs set by the developer. “And although the Housing Code states that the owner of a home must pay for utilities from the moment of registration of ownership, in practice, buyers have to bear the corresponding costs from the moment the property is accepted by the state commission,” notes Anna Maksimova.

We reduce risks
When concluding a preliminary contract during the “gray” period, it makes sense to ask the developer whether the building is permanently connected to utility networks.

Note that the house can be put into operation, but connected to communications according to a permanent scheme much later. The fact is that at the time of acceptance of the house, the developer is only obliged to provide confirmation that he has fulfilled the technical conditions for connecting the building to utility networks. In turn, these confirmations are issued to the developer by the service provider companies themselves (Lenenergo, Vodokanal, etc.). That is, the fulfillment of the conditions is actually confirmed by the monopolists themselves. But quite often, houses that have been commissioned are “stuck in temporary storage”, and in this case the process of registering property rights can be delayed.

Also, special attention should be paid to the provisions of the preliminary purchase and sale agreement itself - it has options. “If before the conclusion of the main contract, the buyer’s obligation to pay the entire cost of the real estate (or a significant part of it) is stated in the preliminary terms, such a document qualifies as a contract for the sale and purchase of future real estate with the condition of advance payment,” notes a lawyer from the commercial practice of Rightmark group Maria Kozlova. In some cases, when legal disputes arise with the developer, this type of agreement gives buyers more advantages than just a preliminary purchase and sale agreement.

In order for the preliminary agreement to be considered concluded, it must indicate the characteristics of the apartment. Practice shows that developers extremely rarely include a corresponding clause in the preliminary agreement. The fact is that, according to current legislation, by the time the facility is put into operation, the developer is required to have on hand the measurement results of all apartments issued by the design and inventory bureau (PIB). In fact, the company receives these acts several weeks before registering ownership of the object.