The new Law on share building: about the rights of buyers of new buildingsWe is already short told All about new rules of share building (see “ your house “ for January, 18th). Today we assort the most important positions of the law more in detail and we find out, in what consequences can result its embodiment in life.
when it is possible to demand indemnification?
Unfair builders that is called, “ have imposed on all fronts “.
Per every day of delay of transfer of apartment the builder pays to the citizen the penalty. It “ drips “ up to day of actual delivery of ready habitation (Law item 6). The size of the penalty is defined proceeding from the contract price (i.e. the sums of the contribution of the citizen of building) and rates of refinancing of the Central bank. As a whole the scheme of calculations difficult enough, therefore for penalty definition in a concrete situation and drawing up of the claim is better to be converted into legal consultation.
if building is so tightened what to wait its end any more in your forces and interests it is possible to refuse execution of the contract and to demand return of all money paid by you. In this case you have the right to receive at once two penalties:
for delay (see above) - it is charged from first day of infringement of term of transfer of apartment about day of your refusal of the contract;
the penalty for using the builder your money resources (ch. 2 items 9 of the Law) - it pay off from the date of payment of money by you under the contract about day of their return by the builder.
When it is possible to demand indemnification
If in new apartment the lacks doing it unsuitable (or even dangerous) for residing the move-in has the right to demand at the choice from the builder are found out:
proportional reduction of the price of the contract and return of a part of the paid money;
compensation of the expenses on repair.
in a case “ essential infringement of requirements to quality of object of building “ i.e. at especially serious lacks, the citizen has the right to refuse apartment, to demand return of all paid sums and penalty payment (ch. 3 items 7 of the Law).
Except the listed cases, it is possible to refuse execution of the contract and to demand a refund with penalty payment in following situations:
if building is stopped or suspended and there are the circumstances, obviously bearing that it will not be finished in the term provided by the contract;
if the builder essentially changes the design documentation of the under construction house, including at essential change of the size of apartment;
if purpose of the general property (for example, pridomovoj territories) and (or) uninhabited premises of the house (an attic, a cellar and etc.) changes .
the Builder who has broken the contract, also is obliged to pay all damages caused to the citizen. Losses are compensated over the penalty, i.e. their size does not decrease for the sum paid on account of the penalty (Law item 10).
That should be in the contract
the Law stipulates the obligatory list of points of the contract of participation in share building. You can verify this list that the concrete company - the builder offers. If something will miss, do not risk and go to other firm.
in the contract should be indispensable:
the Detailed description of object of share building. Be afraid both short, and indistinct formulations. Cases when instead of the promised apartments on ground floors builders installed clients on top (and on the contrary) are known, using that in contracts the area of the future habitation was specified only.
Term of transfer by the builder of ready apartment. Now there are contracts on which the penalty for delay begins “ to drip “ only after the certain period “ delay “: we will tell, since 4 - go month of a tightening of term of delivery of apartment. If you have concluded such contract and fall under action of the new law (see a heading “ IMPORTANT “) That similar unprofitable condition is nullified, because strikes at the rights of the citizen in comparison with the law. And the rule will operate: the penalty is charged from first day of delay.
the contract price (i.e. the sum which the citizen) should pay, terms and an order of its payment. Any surcharges are supposed only in the event that the contract directly provides possibility of change of the price and particularly defines cases and change conditions (Law item 5).
the Warranty period. Under the law it can make not less than 5 years. For the lacks of the new building which have been found out in a guarantee, citizens have the right to make a complaint to the company - to the builder (see in the text more in detail).
Than favourably share building?
In - the first, you save on money - square metre “ future apartments “ manages on the average on 15 - 20 % more cheaply “ a square “ In ready habitation. In - the second, you become the initial proprietor of habitation, therefore there is no danger that apartment acquisition will be challenged by the former owner or other interested persons.
Share building is a way of acquisition of apartment in a new building. The citizen - the future move-in - brings the monetary contribution on house building, and the company - the builder erects it (by own strength or by means of the contractor) and after house input in operation transfers to the possession new apartment of the citizen.
the COMMENT of the EXPERT
Will disappear risk of double sale of apartments in new buildings
the Assistant to the general director on Joint-Stock Company development “ IK “ Friendship “ Peter HODAKOVSKY:
- On the one hand, the Law on share building has ripened for a long time: It was necessary to order, result in the civilised form of the relation of citizens and the companies - builders. On the other hand, the law advances time in its present kind a little: a considerable quantity of firms - builders have appeared are not ready to some new duties. So to involve money resources of citizens on building now it is possible only after reception in the property or rent of the ground area and registration of the building licence of the house. Till this time it is necessary to count only on the means (and the sums be required very decent, not at all they are) or to involve expensive bank credits. Banks, most likely, less will go willingly on crediting of builders. Because under the new law in some cases the bank bears a joint liability with the builder before citizens. That is, for example, if the property of the builder does not suffice on satisfaction of claims of clients in a certain situation it will be possible to demand missing means from bank.
one more very important innovation: the contract of participation in share building necessarily should pass now state check in. Thanks to it the risk of sale of the same future apartment to several persons acts in film.
on a broader scale the law as much as possible strengthens protection of citizens. I think, these strict norms will stimulate builders to observe the rights of the clients and not to suppose infringements. A leah
the prices for habitation
the Experts working in sphere of building Will grow, draw a gloomy picture. The builders burdened “ very heavy “ duties, will go one of two ways. Or on a broader scale will disappear from the market or will join structure of larger companies that will lead to easing of a competition and a rise in prices. Or - compensate burdens of execution of the new law at the expense of increase in the size of the monetary contribution for citizens (i.e. the same rise in prices).
However the majority of skilled analysts hold other opinion. “ statements for indispensable increase of cost of new habitation after introduction of the Law on share building are groundless “ - the head of analytical centre IRN considers. RU Oleg REPCHENKO. The prices for habitation in Moscow have come off for a long time already its cost price and are defined by exclusively solvent demand of the population. Therefore the probability of the further rise in price of apartments depends only on that, potential buyers are ready to pay more or not. Meanwhile the analysis of dynamics of the prices shows lately that the population does not burn with the desire to be spent for higher rates: here 9 months cost of square metre in Moscow remains almost immutable. Thus, according to the Island Repchenko, the new law or on a broader scale will not affect in any way the prices, or will call their slight increase by the end of the year. The last is possible, if citizens, having been delighted to the new rights and guarantees, is in large quantities jerked in share building.
and a part of firms thus, having been frightened of new duties, all - taki will be closed or will join another, reducing a competition. Under the influence of these factors of the price can grow up on 5 - 10 %.
it is important!
on whom the new law
extends If you have already entered share building and for a long time “ cuckoo “ in expectation of the promised apartment to punish delayed builder under the new law, most likely, it will not be possible. Because according to item 27 it is applied only in two situations:
if the contract of participation in share building is concluded on April, 1st, 2005 and later;
if the contract is concluded before this date, but the house building licence is received by the builder AFTER it. And be called the contract can on - to a miscellaneous, for example, the investment contract. The main thing, that, as a matter of fact, in it share building was provided (see “ our INQUIRY “).
However, some experts consider that in the second case the retroactive effect that breaks norms of the civil legislation is wrongfully given to the law. Therefore attempt use the law in a situation ju can to be challenged in court. So keep in mind one more way “ vybivanija “ penalties for delay - on the basis of the Law “ About protection of the rights of consumers “ (in detail see in “ your house “ for January, 25th). This variant can be useful to all who does not fall under action of the new law.