Buying an apartment is a complicated procedure, there are scammersthere are many on the real estate market. It is necessary to be extremely careful and attentive, insuring yourself against possible risks. We conduct a crash course: "What you need to know when buying any apartment" Buying an apartment is always a major and serious event. The amounts are too large, the risks are too high, there are too many fraudulent schemes, calculated on gullibility, faith in someone else's decency and on legal chicanery "at the bottom of the page in small print". Documents, certificates, powers of attorney for an unprepared person look like Chinese literacy, and it is impossible to understand whether there is something wrong in them. Experience and qualifications are needed to understand all this and know where you can find a catch. Therefore, it is best to act through reputable legal agencies with a good reputation. This will require certain expenses, but will reduce the risks of fraud or unpleasant surprises many times over. Notarization of all contracts and powers of attorney by a third-party lawyer can serve as additional insurance. 90% of buyers of new buildings do not even imagine the risks that occur when buying housing in a building under construction. After all, the problems that buyers of new buildings face are almost the same and migrate from one building to another. This is the opinion of professionals working in this field.
We are buying a new building
What to look for when buying an apartment innew building? 1. The degree of readiness of the house, connection of utilities. 2. Conclusion of a shared construction participation agreement - DDU. This reduces the risks several times, as it is provided for in 214-FZ (this is your Bible during the purchase). No double sale under DDU ever happens. If the developer works under such agreements, then he is guaranteed to have a building permit, the issue with the land has also been resolved and other documents are in order with such a developer. 3. Is the new building accredited by the bank? How many banks issue loans for this property? It is better if several banks do this, and not just the one that lends to the developer itself. The main lending bank must be reputable and have good financial resources. 4. Reputation is worth a lot: find out how many houses the developer has built and whether there were any problems, and of what kind, during the construction of other properties. 5. Evaluation of the apartment from an investment point of view: location, availability of free parking spaces, landscaping, availability of kindergartens, schools, shops; transport accessibility, evaluation of the entire microdistrict as a whole (proximity to a highway, railway, cemetery, hypermarkets, parks and other objects), apartment layout, ceiling height, wall thickness, whether they are insulated, location of elevators, windows, thickness of ceilings, floor (do not take the first and last), etc. 6. Documents required to check the apartment:
- Investment contract;
- Project declaration;
- building permit;
- Project documentation, the conclusion of the state expertise of project documentation;
- Feasibility study of the multi-apartment building project;
- Certificate of ownership of land or lease;
- an agreement with an insurance company (this is an additional liability of the developer to the buyer) or a surety agreement;
- An extract from a single register for real estate and transactions with it (for a land plot);
- Registration and constitutive documents of the developer: the company's charter, certificate of TIN, OGRN, an extract from the Unified State Register of Legal Entities (no more than a month old), the balance sheet for the last reporting date;
- The form of the contract, which will sell the apartment.
7, 8, 9, 10… — many otherssubtleties and varying complexity of legal and bureaucratic aspects. Are you ready to sort all this out, wasting precious time and nerves? In the end, you will still not reach the level of professionals. And that means the risks will remain.
The most important point of the above is the presencethe developer has an insurance or surety agreement (additional security measures). The legislatively prescribed innovation has been in effect since January 1, 2014 (Article 12.1. 214-FZ). This is an additional liability of the developer to the buyer: developers MUST insure (insurance of the developer's civil liability for failure to fulfill or improper fulfillment of obligations to transfer residential premises to a participant in shared construction) their liability with an insurance company or enter into a surety agreement. What does this mean for the buyer who has invested their funds in the DDU? In the event of bankruptcy of the developer, the insurance company or guarantor will compensate all costs of the buyer. If the developer does not provide the specified security measures, he will be denied state registration.
How to find an apartment on your own: the Internet will help
First of all, you need to decidethe main characteristics of the apartment you are buying, such as: area, floor, balcony/loggia, combined/separate bathroom, number of rooms, layout, district, description of transport accessibility (public transport stops, proximity to the metro, access roads, parking), the price range you can afford. Important: if you are planning to grow your family, you need to either buy an apartment "with a reserve" or one that can be easily sold in a few years. This could be a "swing-through" layout, an elevator in the building, a garbage chute, not the first or last floor, a kitchen larger than eight square meters, reinforced concrete floors and other options that are in demand among buyers. A convenient/prestigious location is the most important parameter, do not forget about it. If you managed to find an apartment you like with some deviations from the list provided, but at a very attractive price (below the market price), then you need to take a closer look at it. In case of a second sale (when the apartment becomes too small for you) and provided the price is low, it is guaranteed to be sold. After you have decided what kind of apartment you need, start looking. The most active and powerful databases in Moscow:
- Baza-winner.ru. This resource is used by all real estate agencies, this is for professionals. All the information available here is fragmentarily repeated on other specialized sites;
- Www.cian.ru;
- Irr.ru;
- Www.avito.ru;
- Realty.yandex.ru. Accumulates information from three databases, it is free, which attracts users;
- Realty.mail.ru and others - there are a lot of them.
As a rule, paid databases are moreinformative. All authoritative resources display the location of the offered apartments on a scalable map. It is easy to determine whether the apartment windows overlook the courtyard or the highways, how far/close it is to the metro and stops. Are there social infrastructure facilities, parks and squares near the house.
Buying a secondary housing apartment
You want to buy a specific resale apartmentfund that you have found and that suits you. It should be said that there are many dangers in this case too. But much less than when investing in the construction of a new house. It is much easier to ensure complete transparency of the transaction for yourself in this case, because there is no risk of bankruptcy of the developer. After all, the apartment exists, you just need to check its status for legal purity. And find out if there are any encumbrances. The main thing is not to start fussing and strive to make a deal as soon as possible. This is wrong in all situations, and in a similar one - even more so. First, you need to find out how "clean" the apartment is, whether there are "tails" in the form of various unpleasant encumbrances. The first thing to do is to get an extract from the Unified State Register of Real Estate. From it you will learn reliable information about the owner of the apartment. And other extremely useful information: whether there is an arrest, a mortgage, whether there is anyone registered in it, and so on. The extract is issued in the district departments of the registration chamber upon application with the attached address of the apartment and the paid state fee. The certificate is valid for one month, then it must be renewed. After meeting with the seller, get form F-9 from him, it contains information about utility bills (if there are any arrears) and about the people registered in the apartment. It is important to find out whether the apartment has been redeveloped. This is checked by viewing the cadastral/technical passport (provided by the seller). The passport must not be older than five years, otherwise it must be renewed. There are enough subtleties and intricacies with further work. The check should give an answer whether there are any lawsuits for the apartment, whether the house is soon to be demolished/resettlement. If in the first case you can go to the website of the district court (according to the ownership of the apartment) and, having entered the name of the owner, get an answer, then with demolition and resettlement everything is much more complicated. Conclusion: it is better to entrust the execution of all bureaucratic papers and the transaction itself for the purchase of an apartment in the secondary market to professionals who know the subject thoroughly. It is worth contacting independent lawyers/law firms rather than real estate agencies, which are interested parties. You will have to pay for reducing the risk.
The most important thing when buying any apartment
In making such a large-scale acquisition asbuying an apartment - whether it is a new building or a "secondary" - you need to act strictly "according to the instructions". And do not deviate from them even one iota. If you decide to act independently, then there can be no "on your word of honor" and "we will bring the missing documents tomorrow". Even if you cooperate with a seemingly trusted person. If you act in a civilized and much safer way, entrusting the "turnkey" transaction to specialized specialists, you will save a huge amount of time and nerves. And you will receive almost 100% confidence that everything will happen in the shortest possible time and with an unconditional guarantee of safety. Important: in no case should you perceive this material as exhaustive. We only wanted to explain the need to act extremely carefully, accurately and with the involvement of independent professionals.
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