How does electronic registration of real estate rights work?

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.

How does electronic registration work?

If you buy an apartment in a new building, then an equity participation agreement (DPA) is registered; in the secondary market, a housing purchase and sale agreement is registered. The service also extends to land plots. True, for the latter and for secondary housing, the service is available only if the ownership of them was registered after 1998. The service is used only for direct transactions, that is, chains of transactions cannot be registered this way. There is also a limitation on the number of co-borrowers (no more than five), sellers and buyers (no more than two).

After approval of the mortgage loan, you need to come to the bank to sign the loan agreement and other documents. At this moment, the bank representative will offer to connect the secure payment service (2,000 ₽). Its essence is that the bank keeps money until the transaction is registered in Rosreestr: only after registration of the agreement will the bank send the funds to the real estate seller. If the contract is not registered, the money will be returned to the buyer. “The service is optional,” explained the Sberbank press service.

The buyer and sellers are given an enhanced qualified electronic signature (ECES), which will be used to sign the contract.

A package of documents for registration under the terms of service must be sent within 14 days from the date of payment. The buyer of the property will receive an SMS message with a code. A representative of the registrar (Rosreestr) will call and request this code. After its introduction, the agreement will be digitally signed and submitted for registration.

Registration of the agreement takes 5–7 days. As soon as the contract is registered, an SMS message will be sent, and a signed contract will be sent to your email.

Over the next 24 hours, Sberbank must transfer the money to the real estate seller.

Checking the developer when buying an apartment in a new building: step-by-step instructions

So, let’s decide what you need to pay attention to when choosing a developer, that is, the person directly responsible for the construction of a new building.

You can check the developer yourself, using public information. This check will allow you to form a general impression of the integrity of the developer, his stability and diligence. However, engaging a lawyer for the so-called legal audit of the developer will significantly save your time and allow you to obtain more complete information about the developer.

A classic developer check includes the following steps:

Step
1. Checking general information about a legal entity
For independent verification, you need to obtain an extract from the Unified State Register of Legal Entities. This can be done for free at, if you know the INN or OGRN of the company.

The Unified State Register of Legal Entities contains information about the company, such as information about the director, founders, the size of the authorized capital, information about issued licenses, the location of the company, etc.

There you can also see information that the company is in the process of liquidation, reorganization, or there is any information about the unreliability of the data provided by the company.

All data from the Unified State Register of Legal Entities should be assessed as a whole. For example, if the authorized capital of a developer is 10,000 rubles, the director is a “mass director” (director of a large number of companies), and the address is unreliable, then you should think about whether it is necessary to cooperate with such an unreliable counterparty.

At the same time, the information specified in the extract is catastrophically insufficient to make a final decision on the reliability of the developer, and therefore it is necessary to move on to the next stage.

Step
2. Assessing the developer’s previous projects
In order to have an idea of whether the previously selected developer was engaged in the construction of serious projects, whether he delivered the projects on time, etc. It is advisable to evaluate the official website of the developer, articles in the media, and specialized forums. It is worth treating the information received with a certain degree of skepticism, but it is still possible to form some general idea about the developer.

In addition, it must be remembered that the presence of commissioned real estate objects and the previous “merits” of the developer do not clearly indicate its current financial stability. It is worth remembering bankrupt developers with a long history (for example, group of companies SU No. 155, Urban Group). Therefore, all of the above factors and information must be assessed in their totality and interrelation.

Step
3. Assessing the financial stability of the developer
Data from financial statements for recent years are published on. Publication occurs with a delay of approximately 7 months after the end of the reporting year.

The lack of reporting to Rosstat may indicate the developer’s dishonesty, since in this case, most likely, the reporting is simply not submitted, and the company is preparing to close.

A participant in shared construction has the right to request accounting data with a mark of submission to the tax authority from the developer himself, since this information does not constitute a commercial secret. Moreover, the law establishes the obligation of the developer to provide each applicant with financial statements for the last three years of activity and a conclusion on the results of the audit of the developer in accordance with Law No. 214-FZ for the last year.

net profit (loss) for the reporting period and the previous year (look at the dynamics of changes; a loss or sharp/sustained negative dynamics should alert you);
revenue, receipts for the reporting period (these indicators will allow us to judge the economic activity of the company);
the amount of net assets (what creditors can count on in the most unfavorable outcome of the company’s activities);
the amount of fixed assets and inventories of the developer, other assets (property of the developer);
the amount of receivables (the amount of debt that the developer can collect from its counterparties);
the amount of short-term and long-term obligations of the developer.

Here you can obtain information about loans received by the company. On the one hand, it’s good if banks lend to the developer:

— firstly, credit institutions assess the solvency of the developer before issuing loans.

— secondly, the developer will have funds for the construction of the facility.

On the other hand, a significant number of loans, lack of own funds, and revenue for several years may indicate possible risks of lack of money to repay the loan in the future, and, accordingly, potential bankruptcy.

Step
4. Checking the developer's judicial activity
To find information about legal disputes involving the developer in arbitration courts and courts of general jurisdiction, you can use the automated systems of the relevant courts.

So, in order to look at the court cases of a construction company and the decisions of arbitration courts made on them (considering economic disputes, for example, claims against the developer of suppliers of goods, contractors, etc., bankruptcy disputes), you need to contact - enter the developer’s data (TIN, name, etc.).

It is necessary to analyze not only the number of arbitration cases, but also check the dates of their consideration, read court decisions to assess the essence of the dispute and the amounts recovered (the claims of the plaintiffs may be partially satisfied or the claims may be rejected by the court; in addition, from the court decision one can conclude that the presence or absence of good reasons for the developer to not pay the debt - for example, the presence of counter-claims for quality, etc.).

Pay attention to corporate disputes in arbitration court between the founders, to disputes about the collection of money from the developer by the bank, and especially to bankruptcy cases.

Litigation involving a developer in courts of general jurisdiction is more difficult to find, since the database is still unstable, many acts are not in the database, and the search can take quite a long time.

In this regard, it is also necessary to check court cases involving the developer in a court of general jurisdiction at the place of its location and at the location of the new building (to determine territorial jurisdiction, you must indicate the current address of the developer from an extract from the Unified State Register of Legal Entities or the address of the new building on the website of the judicial department of your region) . Usually the courts serve certain areas and have corresponding names (for example, the legal address of the developer is in the Leninsky district, which means the dispute will be subject to the jurisdiction of the Leninsky District Court). For Moscow, you can determine the authorized court on the website. On the same site it is possible to find a case in any court in Moscow by the name of the party to the dispute (the developer in our case).

However, such a check will still not allow assessing the entire volume of claims, since shareholders also have the right to apply to the courts of general jurisdiction at their place of residence (for example, for claims for termination of the DDU, collection of late fees, quality of construction, etc.).

It is worth noting that the mere presence of claims by equity holders against the developer for the collection of penalties for late delivery of apartments or for termination of the tenancy agreement is not an unconditional indicator of its insolvency. However, the presence of such claims will inform you that the developer is delivering the objects behind schedule and will allow you to take this into account when planning your expenses.

Step
5. Searching for information about the possible bankruptcy of the developer
In the above File of Arbitration Cases, the shareholder can see whether applications have been filed to declare the developer bankrupt. If there are such statements, and even more so if there are many of them, this may indicate a risk of insolvency.

But it must be remembered that the filing and acceptance by the court of an application for bankruptcy does not yet indicate that this application will be recognized as justified.

It is also worth familiarizing yourself with statements of intention to apply to the court for bankruptcy, which are published on, as well as messages about bankruptcy procedures in.

Step
6. Search for enforcement proceedings against the developer
Information about the developer’s debt, which is aimed at forced collection by bailiffs, can be found on.

If the developer has a lot of old unpaid writs of execution for large sums, this is a reason to think about it. The same can be said if there are any tax debts in the database that have not been paid for a long time, since this means that the tax authority was unable to write off money from the developer’s account for collection.

Step
7. Checking the developer for tax debts
It happens that the developer, although not listed in the FSSP database, still has tax debts or does not submit reports. All this can lead to serious troubles in the future, and therefore it is advisable to obtain such information before concluding a contract.

Information about legal entities with tax arrears of more than 1000 rubles. and/or have not submitted tax reports for more than a year can be found on.

Step
8. Checking the register of problematic developers and objects
There is a list where the Ministry of Construction includes everyone who has the right to build apartment buildings.

In addition, there are specialized registers of information from government bodies of the Russian Federation, into which unscrupulous developers are entered. In the Moscow region, for example, there is

The inclusion of an organization in such a register with a high degree of probability allows us to conclude that cooperation with such a developer is undesirable. However, not including a developer among the problem ones does not provide a 100% guarantee of compliance with contractual obligations.

It should be mentioned that there are many programs on the market that automate the verification of a counterparty, however, for one-time use they may not be economically feasible due to their significant cost.

When purchasing an apartment in a new building under an assignment agreement or a purchase and sale agreement for a finished apartment from an intermediary, it is necessary to check, in accordance with the presented algorithm, both the developer of the property and the person with whom the contract is concluded directly, as well as all copyright holders in the chain of transactions for the apartment. In addition, it is necessary to check the authority to alienate the object by each participant in the transaction chain. When purchasing a finished apartment in a new building, after registering ownership of it, it is necessary to conduct an additional assessment of the risks of purchasing a “resale” property (read more about checking secondary real estate in the article at the link).

Why is this necessary?

Firstly, when applying for a mortgage and electronic registration of documents, Sberbank makes a discount on the loan in the amount of 0.1 percentage points. Secondly, “the service replaces at least four visits to the bank and the MFC/Rosreestr,” say Sberbank.

Find a loan cheaper than at Sberbank

Mortgage calculator

According to the press service, currently 67% of all mortgage transactions of Sberbank with primary real estate are carried out using electronic registration, and 41% - for transactions with secondary real estate.

You can use electronic registration even without taking out a mortgage loan. The service is provided in all regions of Russia.

Checking a new building when purchasing a property under construction: step-by-step instructions

After checking the developer, you should proceed to checking the house itself being built. A standard check can be carried out using the following algorithm:

Step
1. Checking the project declaration and permits for building a house
These documents, as a rule, are freely available on the developer’s website. Their absence may indicate the illegality of the work performed.

You can check the validity of a building permit at the relevant department. For example, permits issued in Moscow can be checked using

The absence of a construction permit or its expiration in the absence of an extension in the future can result in serious problems for both the developer and the shareholders. In this regard, it is necessary to ensure the validity of the permitting documentation before signing the contract.

You should also be wary of repeated postponements of the project delivery deadlines, documented by changes to the project declaration (such information should also be on the developer’s website), and discrepancies between the “project” deadlines and those specified in the contract.

Step
2. Checking documents confirming the rights to the land plot
Such documents must also be posted on the developer’s website. You can check the compliance of the parameters of the land plot reported by the developer with the information contained in the Unified State Register of Real Estate on the Rosreestr website -. It is quite difficult to assess the legality of using land without involving a specialist, since it is necessary to correlate the category of land, the type of permitted use, the type of right under which the developer owns the land plot and the content of regulations.

If the land plot is owned by the developer on a lease basis, it is necessary to check the validity of the agreement (whether the terms have expired, whether the agreement has passed state registration), and whether there are any disputes in court between the developer and the lessor.

It is also important to correlate the boundaries of the land plot with the configuration of the building, since sometimes developers carry out construction partially outside the boundaries of the site.

Step
3. Estimating the pace of construction from photographs of the house under construction
Find an experienced builder and show him current and previously taken photographs of the house under construction. Even a cursory glance by a specialist will be enough to assess the pace of construction and say whether the developer will have time to deliver the house by the deadline stated in the project declaration. It is also worth analyzing information about concluded agreements for participation in shared construction (indicate the cadastral number of the land plot on which the new building is located; in the detailed information you will find registered pledges - these are registered DDUs). By comparing the number of registered contracts (you can calculate the amount of funds raised from equity holders based on the average price of an apartment in a residential complex) and the pace of construction, you can draw a conclusion about the intended use of funds, as well as the availability of your own or credit resources for construction (for example, if the pace of construction is significantly are ahead of the sale of apartments under the DDU, from this we can conclude that the developer has his own financial resources or credit funds for which construction is carried out).

Step
4. Assessing the degree of readiness of the house
Unfortunately, recently even developers with an ideal long-term history can overnight turn into a problematic developer, from whom you will have to wait for years to hand over the property.

In this regard, the best evidence of the construction of a house will be a direct visit to the site. You can do this first with the developer’s manager, who will tell you about the property and current work, and then on your own.

It is important to assess whether communications (light, water) are connected and ask workers about this.

In addition, it is advisable to gain access to a forum of shareholders (VKontakte group, another social network, a community in instant messengers, etc.), where shareholders often write openly about housing complex problems.

Step
5. Checking the accreditation of the property and the developer by credit organizations.
You need to make a list of banks that lend to the residential complex you are considering. The longer the list, the better: during accreditation, banks check the financial condition of the developer, which is an additional guarantee of its reliability.

Information about loans provided can be obtained on bank websites or by calling hotlines.

The agreement for participation in shared construction (hereinafter referred to as the DDU) is concluded in writing, is subject to state registration and is considered concluded from the moment of such registration. The agreement can be concluded in the form of an electronic document signed with an enhanced qualified electronic signature. State registration of residential buildings is carried out by the Federal Service for State Registration of Cadastre and Cartography (Rosreestr), provided that permission to build a residential building was received after 04/01/2005. Please note! Due to the coronavirus infection, personal reception of citizens at government agencies and MFCs is carried out depending on the sanitary and epidemiological situation in a particular subject of the Russian Federation. Thus, in the city of Goryachiy Klyuch, reception at the MFC is carried out for certain services by appointment. Rosreestr also recommends refraining from personal visits to its branches and receiving services online.

To register a DDU, we recommend following the following algorithm. Prepare documents for registration To register a residential building, it is necessary to collect a set of documents established by law and submit it together with an application from the parties to the agreement (developer, participant in shared construction) and the registration agreement to the territorial office of Rosreestr at the location of the apartment building. There are differences in the list of documents when registering the first DDU and all subsequent agreements. Thus, when registering a shared ownership agreement concluded by the developer with the first participant in shared construction, along with the documents necessary for registration, the developer must submit documents relating to its activities, including a plan of the real estate being created; construction permit and project declaration (not necessary to submit, since they can be obtained by Rosreestr through information interaction); a guarantee agreement for the obligations of the developer, if the size of its authorized capital does not meet the established requirements (not required when registering a DDU concluded by the Moscow Fund for Assistance to the Renovation of the Housing Stock), as well as lists of citizens entitled to purchase standard housing, which has been built or is being built on areas specified by law categories of land plots. It should be borne in mind that the developer is obliged to make mandatory contributions to the compensation fund, intended to pay compensation to citizens participating in shared construction in the event of bankruptcy of the developer, except in cases established by law. If the developer fails to pay mandatory contributions, the state registration of the DDU will be suspended, and subsequently registration will be denied. You can check whether the developer has paid contributions before submitting documents for state registration on the developer’s official website on the Internet, as well as on the website of the Unified Housing Construction Information System. Payment of contributions to the compensation fund is not required, in particular, if the DDU was concluded after receiving permission to put the constructed property into operation, or with the condition that the shareholder’s funds be placed in an escrow account in an authorized bank. During state registration of subsequent DDUs, Rosreestr does not have the right to request documents that were previously submitted for the state registration of DDUs concluded by the developer with the first participant in shared construction and placed in the file of title documents. Citizens participating in shared construction need to prepare the following documents: DDU with all appendices to the agreement (three original copies: one copy for the developer, the second for Rosreestr, the third for the participant in shared construction. The number of copies of the agreement can be increased depending on the number of participants shared construction); application from the developer and the citizen (participant in shared construction) for state registration of the preschool building; identification documents of the applicant. An individual has the right to apply for registration in person or through a representative who acts on the basis of a notarized power of attorney. In this case, legal representatives of children under 14 years of age present the child’s birth certificate, representatives of incapacitated children - a document appointing them as guardians; notarized consent of the spouse for the transaction to be completed by the other spouse. If both spouses are participants in shared construction under one DDU, then notarized consent is not required; agreement on the pledge of the right of claim (required in the case when a participant in shared construction is provided with credit (borrowed) funds for simultaneous registration of the encumbrance of the right); documents describing the shared construction object (apartment), drawn up by the developer and agreed upon with the participant in shared construction (citizen), indicating its location on the plan of the real estate object being created and the planned area of the shared construction object. Pay the state fee for registration actions. Submission of a document confirming payment of the state fee along with the application is not required. The applicant has the right to do this on his own initiative. However, if there is no information about the payment of the state duty in the State Information System on state and municipal payments, after five days from the date of filing the application, Rosreestr will return the application and the documents attached to it without consideration. Note!. Amount of state duty The state duty is paid by each party to the transaction in equal shares. Taking this into account, an individual and a developer will need to pay 1/2 of the state duty established for them, that is, 175 rubles. and 3,000 rub. respectively. If it is possible to submit an application and pay the state fee through government services portals and other portals integrated with the Unified Automated Identification of Information and Logistics, the state fee is calculated taking into account a coefficient of 0.7. Submit documents to Rosreestr The application and the necessary documents can be submitted to Rosreestr in one of the following ways: - directly through the MFC (regardless of the location of the property according to the list of divisions that accept the extraterritorial principle posted on the Rosreestr website) or to an authorized person of Rosreestr during on-site reception ; — by mail with a declared value upon forwarding, a description of the contents and a notification of delivery (in this case, the authenticity of the signature on the application must be notarized, the agreement for participation in shared construction and the representative’s power of attorney must be notarized, and copies of identification documents must be attached); - in the form of electronic documents signed with an enhanced qualified electronic signature, via the Internet, for example, through the official website of Rosreestr or using other information technologies for interaction with the rights registration authority. If at the time of submission of the application the state duty has not been paid, the applicant is issued or sent information containing a unique payment identifier (unique accrual identifier) necessary to confirm the fact of payment for a specific service for payment of the state duty, indicating the date by which it must be paid. You can pay the state fee for state registration, including through the MFC. You can be notified about the progress of the service (for example, receipt of information about payment of state fees, registration) via messages to your email or mobile phone number. Receive documents after registration The period for state registration of a DDU concluded with both the first and subsequent participants should not exceed seven working days from the date of receipt of the application and necessary documents by Rosreestr, and in the case of submitting an application and documents through the MFC - nine working days. This period begins on the next working day after the date of receipt of documents. State registration of a preschool educational institution is certified by a special registration inscription on it. After the apartment building is put into operation and the apartment is transferred to the participant in shared construction, the DDU will be required for state registration of ownership of this apartment.

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 a share participation agreement?

Despite the fact that 214 Federal Law regulates in detail all the essential terms of the DDU agreement. However, developers are exploiting a number of loopholes. So, for example, pay attention to the formation of the cost of the contract - an apartment, what specific coefficients are used when calculating the cost of the area of balconies, loggias, attics, and other cold rooms. Developers are obliged, if the area of an apartment is reduced, to reduce the price of this apartment. However, in practice, the contract states that if the area has decreased within 5%, then no recalculation occurs. In this case, the measurement is carried out not by the BTI authorities, but by a company hired by the developer.

Please note that the apartment delivery date is not tied to the house commissioning date, but a specific date is indicated. It is also necessary to pay attention to additional costs that may be specified in the contract or imposed on you when signing the DDU agreement: the fee for registering the DDU itself, the fee for “reserving” the apartment, the fee for obtaining a certificate of ownership. Such agreements are usually offered for signing with other third-party companies. Shareholders are also required to sign an agreement with the management company.

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.

conclusions

We told you how to check the registration of a preschool educational institution in Rosreestr through an online service, or through an extract from the Unified State Register of Real Estate. If information about the DDU agreement is in the register, it means that the developer has complied with the requirements of Law No. 214-FZ. If the specified information is not available in the online service or the Unified State Register of Real Estate, require the construction company to go through this mandatory procedure. At the Advisor Center, you can benefit from the services of business construction lawyers. We will advise on all issues related to state registration and the conclusion of contracts, we will help to check the developer and his compliance with the requirements of the law. Call the numbers listed on the website to get a free consultation.