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The assignment is a pretty popular type of deal when buying an apartment in a new building.

We offer to figure out how to spend it with the greatest benefits and minimal risk for the buyer.

The procedure for holding a transaction differs depending on the contract, on the basis of which the developer implements apartments: under the contract of equity or by joining the housing and construction cooperative. This article will be discussed on the transfer of rights under the contract of equity participation.

What is the essence of the assignation?

The construction of a multi-storey house takes several years, and the price for the "square" is gradually growing as the construction of the object is approached by delivery. The apartment at the stage of the pit is cheaper than at the subsequent stages - it is at this point that investors prefer to buy an apartment in order to subsequently sell it. When the apartment is resold until the commissioning of the house is put into operation - a special deal is the assignment of the rights of claim (cession agreement).

The main thing is that the buyer must understand is that it acquires not the apartment itself, but the right demand for it. That is, he is moving not only the right to receive an apartment, but also the risks that he carries when investing in the facility under construction, as well as obligations to fulfill the contract of equity participation.

Subswer bonuses

Often, this is the only opportunity to live in the closed house, if all apartments are sold out or the price of them has increased greatly. Wanting to remain competitive, the shareholder (Investor) offers an apartment noticeably cheaper than the developer sells the remaining options. In addition, the new schools do not have to wait a long time - they usually rebel the rights in practically built houses.

Trigger triggers or how to get the maximum benefit

In order to maximize profits, investors are trying to sell an apartment on the assignment closer to the time of commissioning of the facility, and it is necessary to have time to implement them before signing the act of receiving and the adoption of the apartment). After the signing of this act and until the execution of property, there is an average of 3 - 5 months, and during this period it is impossible to re-re-refund. Accordingly, in homes with a large number of apartments, closer to the moment of commissioning of the facility, we can safely bargain with sellers and significantly save on the purchase.

A similar situation with contractors that have received housing from the developer to the service provided or supplies materials. Such companies usually offer apartments for more low pricesSo as needed working capital.

Where can the "pitfalls"?

First, there is a risk of buying a problem housing, the term of the delivery of which will be postponed to an unknown period, or it will not be completed at all. Perhaps the first shareholder (Cedent) decided to rely on the apartment because I found any technical problems and violations. Therefore, the main task of the buyer (Cessionary) is to find out the reasons for the assignment, to thoroughly check the information about the developer and carefully examine the contract itself. Also, the potential prolonnel must be ready for the following financial spending:

• the seller can shift on the buyer "Grounds" - expenses for re-issuing documents on the assignment (about 30-50 thousand rubles)
• if the housing acquired in the mortgage is renewed, the bank may require payment of commissions for the removal of encumbrance from it (1-2% of the amount of non-redeemed debt).
• the notarial documents required for the transaction will cost about 3 thousand rubles.

Step-by-step transaction design instructions for the buyer

After you have decided on a future apartment and agreed with the seller, it is necessary:

Analyze and prepare documents

1. We study the "basic" contract of equity participation, paying special attention to the rights and obligations of the shareholder. At this stage, it will be possible to negotiate with the seller about the division of financial obligations (registration costs). With the emergence of difficulties and misunderstandings, you can contact the help of a lawyer.
2. Request the acts of reconciliation (it is the act of mutual settlers), confirming the complete, or partial payment by the current shareholder of the housing under construction.
3. To contend the notarious consent of the spouses or a certificate of the absence of those.

Sign a contract

1. The signing of the agreement on the assignment usually takes place in the office of the developer, who comes to the contract and for its part (if such a requirement is indicated in the contract).
   Important: If the housing was acquired by mortgage, it will be necessary to obtain the consent of the bank to this transaction and the transfer of debt on the buyer. In this case, it is necessary to prepare for the bank a complete package of documents, which is usually required to design a loan. If you are ready to make the full cost of the apartment, the bank may require payments for the removal of encumbrance.
2. Register an additional agreement to the agreement on the transfer of rights and obligations in the bodies public service registration (Rosrester). This service, as a rule, has an developer. Legally, after registration, the assignment comes into force.

Cash transfer to seller

The most popular and safe method of calculation is through a bank cell. Moreover, the seller takes money only after receiving registered documents from Rosreestra - that is, when ownership will be officially reissued to you.

Sometimes the seller can offer a discount for the transfer of money at the time of the transaction, so as not to wait for the re-registration of the contract, which usually takes from a few weeks to several months. However, in this case, there is a risk that an agreement for certain reasons will not be registered: the wrong payment of state duty, the error in the contract, notarial documents and the other. This risk is small, but is it worth the game of the candle - to solve only you.

After the transaction, you will definitely get the original assignment agreement and the contract of equity with the seal of Rosreestra. Also be sure to take documents about the payment of the apartment at the first shareholder.

So let's sum up:

Assignment is real opportunity Save if you want to buy an apartment in new buildings
1. It is necessary to carefully examine the documents and check the terms of the transaction
2. It is important to find out from the developer and from the bank (if the apartment in the mortgage) financial spending And agree on the distribution of them with the seller.

Document package required by the buyer for transferring

Member of the DTU (Participation Agreement), who bought a premises from the developer at the initial stage of construction, has the right to sell his other party Until the commissioning of the building. (read)

Between the buyer and the shareholder signed an agreement on the assignment of law. On this, the intention of the participants of the transaction writing in writing to the developer, providing him with a copy of the contract. Construction company must give its consent.

Cessia is regulated by Federal Law No. 214th Article 11.

Information buyer

When purchasing an apartment for assignment of rights, there are nuances:

1. When designing, the type of initial contract is indicated - the basis of the transfer of rights.
2. The document attributes a fixed amount and calculation procedure. Without this point, the deal can be recognized illegal.
3. The developer documents for construction actions are checked.
4. The assignment agreement is certified by a notary.
5. The buyer notifies the developer about the transaction, in independence is registered this item in the document or not.

Grounds for concluding a contract

The grounds for signing the transfer document are regulated by the 328th article paragraph 1 of the Civil Code of the Russian Federation. The right tool is the right to property (confirmed), according to the law, can be transferred to the other Party for the concluded transaction.

It is possible to transition during succession (inheritance) or the reorganization of a legal entity, if the organization owns the organization.

The shareholder can give way the right requirement if the conditions are followed:

1. The concession occurs after. Or the debt to the new person of equity participation in the contract is translated. The second side will pay the developer.
2. The assignment is allowed from the moment of fixing the DDU document, until the parties are assigned to the parties, or other paper on the transfer of the building into operation.

The initial person who gave way to the requirement is responsible for the invalidity of the transferred right to the new member of the contract. But the shareholder is not responsible for failure to fulfill the obligations of the developer.

Exception: Member of the DTU was commissioned for the company before the new shareholder.

Algorithm of concluding contract

Rights for transfer documents in shared construction are moving to the new owner in the amount, in which they belonged to the former shareholder. Before signing the contract, actions are performed:

1. Check the developer documentation.
2. Preparation of papers of participants.
3. Preparation of contract.
4. Logging Agreement.

To check the paper, companies are requested to the office of the organization engaged in construction. The administration is obliged to submit to the first requirement required paper:

1. Constituent certificates of the enterprise.
2. Registration Certificate and Inn.
3. Patents on Earth - property or rent.
4. Quarterly financial extract.
5. License to build.

Together with these testimonies, the buyer has the right to request plan for construction. It indicates:

1. Designed goal.
2. Stages of construction.
3. Implementation of the construction of the building (term).
4. The time of delivery of the house for use (estimated).

The organization must have a project declaration that prescribes the method of fulfilling the obligation of the developer. And the contract confirming the basis of which (funds), the construction is carried out.

Parties to the transaction

Before implementing the room the seller performs actions:

1. Notifies the developer about the sale - the organization is notified in writing. If the company is not warned about changing the shareholder, then the transaction can be found illegal.
2. The developer issues a written permission - the company requires up to 5% for the concession process. Since the seller sells the area mainly at the price higher than acquired from the company.
3. The company issues a certificate of debt to the Agreement.
4. Consent (certified) one of the spouses for sale - when purchasing a placement in marriage. About the division of property.
5. The permission of the bank - when finding an apartment in mortgage mortgage.
6. Extract from the USPR (unified state register of rights).

The buyer before the acquisition should be enlisted by the resolution of his wife / husband (buying property in marriage). The future shareholder signs and receives a loan agreement if the living area is bought by mortgage.

Proper compilation

After all actions, an agreement is drawn up to be registered. Paper is drawn up in a construction organization, in a real estate agency or a lawyer.

The contract is prescribed:

1. Subject of the Agreement - FIO participants, DTD participation No., Transmission Object (Number of rooms, General and living area, Room room).
2. Cost, procedure for calculations, ensuring the fulfillment of payment obligations.
3. Responsibilities and responsibilities of the parties.
4. Conclusion, addresses and signatures of the participants of the Agreement.

Download the sample by clicking on.

Time for registration

Registration takes place in the Registration or Cadastral Chamber and MFC (Multifunctional Center).

In the presence of an employee, participants sign an agreement and provide documents:

1. Identification.
2. The consent of the spouses if necessary.
3. The acquisition document, previously signed with the developer.
4. Information about the debt before the enterprise or paper on the transfer of debt to the new shareholder.
5. Permission of the company to assign rights.
6. Confirmation from the bank (at a pledge) and a loan agreement, if there is a mortgage.

After transferring documents, the state duty is paid. Each buyer has its own receipt. The registrar fills the application. It indicates: an object, technical parameters and data of purchase and sale participants.

An employee of the cadastral service takes a signed agreement, originals and copies of papers. The seller and the buyer give a receipt to receive from the date of the registered document.

Cancellation time - from 5 to 10 business days.

At the appointed time, the acquirer takes a certified contract. The seller receives a document, originally signed with the developer.

What are the features?

Buyer replaces the initial owner. By agreement, he receives the volume of rights that the seller was.

DTD participant has the right to demand the transfer of property at agreed time. But the equity document is subject to mandatory registration, and the right of demand comes into force from the moment of assurance. The transfer of DDU rights is carried out, and it can take up to several months.

But if the meters are transferred to the shareholder, then the cession is deprived of meaning: the developer fulfilled its guarantees, and the shareholder realized the right DDU. In this case, a conventional sale contract is signed.

When DDA assignment is carried out only from the date of registration before the room is transmitted to the owner.

Conclusion

Representation of the rights of claim is not as such a document on the purchase and sale of residential area. This is a way where there is a change in the parties (pricing or acquirer) with an agreement with the developer.

Paying the funds under the contract, the new owner buys rights and responsibility on the main document concluded earlier with the construction company.

The assignment is rated by the NDFL rate:

1. Resident of the Russian Federation - 13%.
2. Non-resident - 30%.

What kind of transaction is and what it is feared when buying a housing under construction is not the developer - in short cards

Photo: Alexander Tarasenkov / Interpress / Tass

Purchase of housing in the house under construction does not always imply that the transaction can be concluded directly with the developer. Sale of apartments in new buildings by other legal entities, as well as the first shareholders - very common practice. In fact, they are not sold apartments themselves, but we reveal their rights to them.

In short cards we tell how such transactions are concluded, what are their features and risks.

Reseign rightsWhat is this transaction

Assignment of rights is a purchase transaction in an unfamiliar house of an apartment, which was previously acquired from the developer. "Simply put, this is a replacement of one shareholder to another in the contract of participation in the equity construction of an apartment building," explains the head of the sales department of the Department of Novostroek "Inkom-Real Estate" Valery Kochetkov.

The fact is that in the house under construction itself (apartment) does not yet exist physically and has no accurate postal address. There is only an agreement with the contract of equity participation of the right to him, and this right can be reinmed to another person. In fact, the initial shareholder conveys the buyer the right demand for the developer on the transfer of an apartment after the completion of construction and other rights and obligations provided for by DDU.

SellersWho usually sells unfinished housing

First, these are wholesale investors - as a rule, legal entities that bought several dozen apartments for DD. Acquired at the start of sales of apartments closer to the completion of construction is more expensive, on which investors and earn.

Secondly, contractors are the sellers. The developer paid off with them for the work done square metersAnd they need to convert them into money.

Thirdly, these are private investors (individuals), who also receive profits from the sale of almost the finished apartment purchased at the lowest price at the bottom of the pit.

The fourth type of vendors is the shareholders in a normal life situation: for example, it was originally bought by what the funds had enough, but while the house was built, the opportunity to purchase an apartment appeared large Square or in another area.

"Often, people first acquire a one-room apartment, then as the price increases at the time of the delivery of the house, it is reserved in the same project, but in the next line, they acquire a more spacious apartment at the starting price" - Chairman of the Board of Directors of the BEST-Novostroy company Irina Dobrozhotova.

DeveloperDo I need to get it permission

Not in all cases. Many developers take advantage of the commission for issuing permission (consent) to the assignment. This item is regulated by the DDD itself: if a condition is made to the share agreement that the concession requires the consent of the developer, it will be necessary to fulfill it. "The commission's size can be as fixed (30-60 thousand rubles per apartment), and expressed in the form of interest rate (can reach 4%)," Oleg Stepskov explains the head of the consulting company "Top Idea".

Moreover, the developer can even impose a ban on the implementation of an assignment apartment that the first shareholders in the mass order did not go to the market with proposals for resale. But if there is no concession ban in DD, then after holding a transaction, you only need to notify the developer about it by applying a copy of the registered contract and your contacts to the letter.

CommissionWhy construction companies take it

So they try to regulate the behavior of investors who bought a pool of apartments on the pit to prevent exit to sell a large amount of prices lower than he himself. Investment apartments are often implemented by 5-10% lower prices exhibited by the developer to similar housing.

"There are projects in which concessions do not play any role at all and do not affect the pace of realization of apartments by the developer," said Oleg Steps. - most often these are large-scale residential complexes with a high rate of sales. But on point projects, where the development plan of the developer per month is no more than 1 thousand square meters. m, the loss of benefits will already be tangible. "

BuyerWhat is it beneficial for such a purchase

The benefit of buying an apartments for the assignment is that it is possible to buy an apartment in the house under construction cheaper than the developer itself, which regularly conducts planned price increases as the object is readily. In addition, if the bulk of apartments in the object of interest is already sold out, it is likely that an interesting option will be available on the assignment of the initial distributions.

RestrictionsWhat prevents the conclusion of such a transaction

The assignment agreement is possible to conclude only at a certain period of time: since the state registration of the contract of shared participation (DDU) and before the signing of the transfer act between the shareholder and the developer. After decorating the apartment in the property, the contract of sale is already concluded.

The shareholder cannot render the right to require DDD, if he has not paid for the contract. "This may be, for example, if the apartment was purchased in installments," Metreum's managing partner says Maria Lithinetskaya. - In this case, the replacement holder is possible only with the consent of the developer. At the same time, the concession agreement with the transfer of debt is signed. The text of the agreement introduces the wording that the distributioner number 1 transmits the Debt number 2 to the developer in the specified amount. "

DealAs it is

The initial salesteller and the buyer conclude a contract of the demands of the rights of claim (DUPT). The final buyer is transmitted to the original of this document and the contract of equity participation (DDU). At the same time, the assignment agreement is obligatory in the DDD reference, the main information about the object, its characteristics and value is also indicated. In addition, there must be confirmed the fact of the full execution of the financial obligations of the seller before the developer. In turn, the developer's company transmits documents on payment to the new buyer. If the apartment in the mortgage, the final buyer needs to receive a certificate of lifting the burden.

Next, the transmission act of all the above documentation is compiled, it is assigned by both parties under the claim for the assignment of the rights of claim. A package of documents is transmitted to the IFC to register DuPT in Rosreestre, then purchase is made. After receiving the registered documents, the buyer acquires the legal right to require an apartment.

RisksWhat should be afraid in transactions for transferring rights

The risk of a breakdown of construction terms is not reduced, as in the case of the CDD conclusion, therefore a thorough check of the reliability of the developer is important. You can estimate, for example, the number of apartments put apartments put up for sale. " A large number of Proposals for the sale of apartments under construction from individuals can talk about the emergence of problems with the developer and the risk of violation of the deadlines of the end of construction, "Natalya Shatalina said the general director of Miel-New Building.

There is also the risk that the transaction will be invalid. Among the reasons that can lead to this is the recognition of the first shareholders bankrupt during the year after the sale of the apartment, as well as the lack of a notification of the developer on the transition of the right to claim.

"Finally, for the buyer, many risks inherent in the purchase of secondary housing are preserved," said Maria Lithinetskaya. - For example, it is better to know in advance whether there are no owners on DDU minors and whether another real estate has been acquired, not less than the area. Also, the buyer needs to find out if the seller did not in marriage at the time of purchase of the apartment, and if it consisted whether the written consent of his spouse was received. "

The buyer should make sure that he will be transferred to the original DDU (or its notarized copy of the DTD in the event that DDA is concluded for a large volume of apartments), advises Natalia Shatalin. Also, authentic documents (original or notarized copies of payment orders or notarized copies of payment orders, a certificate of the Development of obligations), must be authentic.

Purchase from YurlitzIs it safer to buy an apartment from contractors than private owners

Here, too, there are risks that you need to know. There are situations where the general contracting company negotiates with the developer to relate to work. At the same time stipulates the price for 1 square. m.

"The contractor and the developer simultaneously sign the DDD and the contract of the contract with the description of the conditions of reconciliation," said Oleg Steps. - DDU immediately goes to registration, but it may not be paid at the time of the subsequent assault, as it is tied to the contract. Therefore, the final buyer who intends to conclude a contract of concession with a contractor must check not only DDU, but also acts of mutual settlements, invoices and a contract in which the apartment that interests is interested in the apartment offered to the assignment. At the conclusion of the contract, the assignment with the individual also should also ask the act of reconciliation and payments, checking the fact of payment of DDU. Therefore, the most important advice: contract concessions only at the Developer's Sales Office. "

MortgageCan I buy an apartment for assignment of rights using a loan

A few years ago, banks, as a rule, did not approve of the issuance of a mortgage loan for the purchase of housing under the assignment contract of rights. But today they are much more qualitably agree to finance such transactions for accredited real estate objects: this suggests that the mechanism of Dupet has been well developed. Among the credit institutions, ready to give a mortgage on these conditions, - Sberbank, VTB24, Deltacredit, Bank of Moscow and others.

In construction - a common way to buy housing in new buildings. Liquid apartments are rapidly sold out, therefore, often CESSIA is the only option to buy an apartment in the house you like. However, this procedure is associated with certain legal characteristics that we will tell in the article.

In essence, CESSIA is the same purchase and sale, but decorated under the agreement assignment of the rights of claim. Three sides are involved in such a deal:

1. Developer - entitywhich was calculated for the real estate, located at the stage of construction.
2. Seller or Cedent - more often an individual who has made an amount to acquire unfinished real estate.
3. Buyer or cessionary - a person who expressed the desire to obtain the right-wing for real estate, which is not yet completed, but appears as an object of equity participation.

Thus, under the agreement of the assignment, the shareholder conveys a concession of obligations and DDD rights, which is decorated between the distribution seller and the developer. Often, investors are used by this type of transaction. They acquire objects from the developer at the stage of obtaining a construction permit, and at the final stage of development they sell apartments at a higher price.

These mechanism also uses persons who are not pursuing the goal to receive income, and simply for some subjective reasons change their minded to acquire housing. With the assignment, they will be able to return the tools spent. For such persons, registration of a cessia agreement is the only way to avoid the payment of the fine provided for by DDU.

The possibility of re-issuing the rights of claim is provided and regulated by the following regulatory acts:

1. FZ No. 214 "OB" of December 30, 2004.
2. Art. 164 of the Civil Code of the Russian Federation, regulating the issue of contract registration.
3. Art. 388-390 of the Civil Code of the Russian Federation regulate issues related to CESSION.
4. Tax Code of the Russian Federation, which is prescribed by the features of transfer of tax to the budget.

The conclusion of this type of contract is possible only before the transition of ownership of the ownership of the accommodation to the participant of equity construction. After registration of an act of receiving and transmitting, the cessia will not succeed.

As a result of the assault, the primary arrangements for the distribution and developer cannot be adjusted. For example, if the Dolder acquires housing in installments and lists payments according to the established schedule, the cessionary is also obliged to comply with these conditions.

Registration of the agreement assignation of the right Requirements

Agreement assignment is possible only with the consent of all three stakeholders. After the conclusion of the agreement and the responsibilities of the Seller are transferred to the cessionary in full.

Before selling the object, the seller is obliged to perform the following actions:

1. Direction of a written notification of the developer about the upcoming transaction and changing the shareholder. Without performing this action, the assignment can be found illegal.
2. Issuance of written consent to the developer.
3. Receiving a notarized consent of the spouse / spouse if the property was purchased in marriage.
4. Getting the permission of the bank if the mortgage was drawn up for the purchase of an apartment.
5. Obtaining an extract from EGRN to confirm the legality of the company-developer.

Thus, after signing the CESSIA Agreement, a new scaler must have on hand:

• agreement assignment of the rights of claim;
• receipts confirming the payment of funds in the framework of equity participation in construction;
• the consent of the developer to transfer the rights to the new owner;
• an extract from EGRN;
• instance DDU.

Transaction for transferring rights is subject to state registration in accordance with Art. 164 of the Civil Code. To register a deal, you need to contact Rosreestr or MFC at the location of the property.

The following information is prescribed in the text of the CESSIA agreement:

• personal data of the Cedentia and Cessionaria;
• information about the subject of the transaction (the right of claim);
• the cost of the transaction is the amount paid by the provision for the transfer of rights;
• rights and obligations of the parties;
• responsibility for violation of the terms of the transaction;
• final provisions.

For violations associated with paying costs for the established payment schedule, percentage of percentage is possible. Peny will be charged for every day of delay. If the buyer violates the terms of the contract within a month, the seller has the right to demand recognition of the transaction invalid in court.

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Tax on the assignment of DDA rights in construction

Representation of the rights of claim is a paid transaction, which means that the cash benefit arises, which is recognized income and is taxed. After making a transaction, the seller is obliged to pay a tax in the amount of 13% of the amount received received.

The tax base for calculating the payment will be the difference between the price of the DDU agreement and the cost of assignment of law. The tax will be considered precisely from this amount.

At the end of the year, in which a deal was made, a citizen was obliged to grant the tax authorities a completed declaration of 3-NDFL form. To reduce the amount of payments can be at a time with the reporting, write an application for tax deduction.

If the amount obtained by the concession coincides with the amount of DDU, then the revenue of the individual does not occur. In this case, you do not need to pay tax.

Advantages, disadvantages and risks of assignation

Cessia agreement has the following advantages:

• the ability to purchase accommodation in the house you like when apartments in it are already implemented;
• financial benefit for the seller;
• the ability to return money spent on DDU for the seller;
• monetary savings for the buyer (up to 25%).

Registration of the assignment can be beneficial and with mortgage. When purchasing housing at the initial stage of construction for a long time Pay interest on the loan without the possibility of settling in the apartment. If the assignment agreement is right, the mortgage is paid directly before moving to a new living space.

The negative side of the cessia is to increase the risk of the buyer, if you compare the transaction with the primary execution of equity participation. There are other risks:

1. The probability of recognition of the agreement of the assignment is not valid.
2. The ability to ad the developer bankrupt.
3. Fraud by double transfer rights.
4. Violation by the Seller Terms of Mandatory Notification of the Decaling Company.

When the contract is recognized, the buyer will not be able to present claims only to the subject. Minimize this risk will help careful verification of the correctness of the conclusion of the transaction. The assignment agreement will be considered legitimate if the following conditions are followed:

• the salesteller paid the entire amount specified in DDU and may confirm this by the relevant documents;
• the developer gave written consent to the registration of a cessia;
• there is a bank consent to the transaction, if the apartment was purchased to the mortgage.

In accordance with Art. 390 of the Civil Code of the Russian Federation, if the conditions are violated, then all responsibility to fall on the shoulders of the seller, that is, the initial participant in DD. The buyer has the right to demand from the refund of the return of money received by the transaction.

The bankruptcy of the developer happens quite often. Often this is exactly what mass sales of housing are caused. In this case, it will be impossible to prevent claims to the seller, as it may not be aware of the financial insolvency of the developer. You can demand the return of funds from the developer, but in the event of a bankruptcy of the latter to get money back will be very difficult.

In the real estate market, it is often necessary to deal with fraudulent actions of unscrupulous citizens - the same apartment can sell twice under the contract. If this happened, then most likely, the living space will get to the buyer who first issued the assignment.

In the event of difficulties associated with the assignment of DDU rights in construction, please contact a lawyer for advice. You can get free legal assistance on our website. Describe your situation and ask a lawyer's question in a special window.

Before issuing the assignment of rights under the contract of equity participation in construction, it is recommended to carefully examine the conditions of the future transaction, available documents and information about the developer. In addition, to protect yourself, you can pay the assignment of rights after registration in Rosreestre.

Imagine: You want to save onpurchase housing and decided to buy it in a unfinished house - cheaper than in the primary and secondary market. But everythingthe property already replete under the DDA agreement. You can purchase it under the assignment agreement right. INarticle tell what it isassignment of apartments in the new buildingHow to arrange it and how much will have to pay.

What is assignation

Assignment is transaction at whichright real estate requirements go from the seller to the buyer. The transaction is called Cessia, the Seller - Cedent, andbuyer - Cession. All as concerning the assignment is regulatedFZ №214 "On participation in the equity construction of apartment buildings and other real estate objects and on amending some legislative acts Russian Federation", As well as individual items of the Civil Code of the Russian Federation - for example, Article 382.

Important moment: Under the contract, there is no transfer of real estate, but the transfer of the rights of its requirements, because apartments still do not exist on documents. The buyer may demand property ownership afterdeveloper introduces the house in operation by issuing all the documents necessary for this.

Under what conditions is the transaction? Assignment Apartments It takes only in houses at the construction stage. By law, the participant of shared construction can give way to the right of claim for the contract only after paying the price of the transaction or simultaneously with the transfer of debt to the new member of the DS.

What objects can be usedsaleassignment?Most often occur Assignment of property rights at DDwith assignment duties, but there isassignment Paj in the housing Cessia under the contract of equity participation in construction is more regulated by law, so safer for the seller and the buyer.

What is an agreement assault right to an apartment? The agreement of the assignment of the right is called Cessia. It encloses in addition to the main DTD or the document concluded when joining the housing and construction cooperative. According to the contract, the participant of DS is changing in the main transaction - the developer is obliged to transfer real estate to the one who first concluded a contract, and to the one who acquired the rightrequirementsfor real estate.

What are the requirements for the transaction? Cessia, as well as the conclusion of the DDU treaty, must be registered in Rosreest. Without registering, you will not have any legal rights to real estate. In addition, the developer must necessarily resolve the assignment of rights, otherwisethe transaction will not take place.

What is the cessius differ from sale? Under the sale and purchase agreement, the buyer receives a finished property and immediately issues ownership of it, and the seller - cash For housing. Under the assignment contract, the buyer receives only the right to claim for real estate, which is not yet, and sometimes - and the obligation to pay the balance of the contribution of the developer. That is, the cessia is a guarantee that the design of property rights will be held in the future.

Pros and cons assigning rights Requirements for real estate

In any way shopping has pros and cons, cession - no exception. Consider the advantages of the assignment for the seller and the buyer.

How to choose a housing for buying overcast

To minimizerisks when buying unfinished housing, ask the seller's original DDU. Check if there is a seal and signatures of the developer, a mark on registering in Rosreestre. If all this is not - you are a fraudster.

Also check the reputation of the developer. For this:

🔎 Check if the developer is not in the stages of bankruptcy. To do this goon the site of a single federal registry of bankruptcy information And enter the name of the company. If she is bankrupt, refuse to buy. Otherwise you have to spend a lot of strength, money, nerves to get at least some compensation.

🔎 Look, whether the company is not at the enterprise-developer of criminal cases. Make it can be donein the electronic file of the site of federal arbitration courts . Note that what larger company - The more court cases will be with her. Look at the bottom line - because of what people are submitted to the court that they require which solutions to be taken over earlier cases.

🔎 Look at the design declaration. Developers place it in open access On the official website either seen on the first request. Review the delivery time, housing characteristics. If the information corresponds to the real state of affairs, the developer can be trusted.

🔎 Read the company's reviews. Register on the forums, talk to those who have already bought housing for DDU or assignation contract. If negative responses are more - it is better to refuse to buy. If there are few of them or not - the company can be trusted: most likely, it works efficiently.

How to make an assignment of the apartment in the house under construction - Instructions for registration of the contract

Purchase Apartments for Reversing Rights Requires a package of documents, draw up a contract and registering in Rosreest. We will explain what you need to do in steps.

Step 1: Collect the package of documents

To register Cessia, both parties will be needed:

📂 written consent to the transaction or personal presence of spouses;

📂 the contract of equity;

📂 permission to assign rights from the developer;

📂 Help on debt repayment to the developer;

📂 Resolution from the bank to assign rights.

The written consent of the spouse of the Seller needs, if a DTD was issued in marriage and paid for the object of equity construction. In this case, property is shared, and the spouse must provide written notarized consent to the sale. If the buyer is also married, he also needs to receive written consent from the spouse to the transaction.

Cessia makes changes to the contract: the seller - the seller - becomesnew - buyer.

The permit for transferring rights from the developer is necessary so that he cannot recognize the transaction illegal. If the requirement to obtain the consent of the developer to assign rights to DDU, be sure to notify the company about the intention to make a deal and get a written consent. If there is no such requirement in the main contract, it is enough to send the developer a written notice of the transaction. Some DDA provides that the developer charges fee for issuing permission to assign rights.

A certificate of repayment of debt to the developer is issued by the company-developer after full payment of the contract price. If the debt is not repaid, a representative of the developer takes part in the transaction, and the duty to pay money passes to a cessionary - the buyer of real estate.

Bank permission to carry out a transaction, if the seller is a primary property buyer- Priobather credit funds. In this case, the right is subject to bail. If you do not get the consent of the bank, the transaction is recognized as illegal. Important: Some banks issue permission only if the buyer has already paid the entire amount of debt.

Step 2: Enclose the contract

Write a cession in writing. It must necessarily indicate the following information:

📝 Date and city of detention.

📝 Addresses and passport details of both participants of the transaction - the seller and the buyer.

📝 Data on the prisoner of the DDU contract - its sequence number, date of detention, basic information about the parties.

📝 Location addressobject real estate, the rights to which are subject to assignation, and the technical characteristics of future housing.

📝 Evaluation of the right of claim - the cost of the assignment, that is, the amount that the buyer pays the seller.

📝 The procedure for calculating and details - most often payment occurs after state registration, cash, bank cell or letter of credit is used to transfer money.

📝 List of documents that are subject totransfer from the seller to the buyer - for example, the main DTD and primary payment documents that confirm the payment of the developer from the first shareholder, as well as the transfer times.

📝 The rights and obligations of both parties under the contract.

📝 signatures of the parties with decoding.

In the compilation of the contract there is one nuance. If you have received the written consent of the developer on the assignment of rights, you can register its responsibility to the shareholder in the cessia. That is, just transfer the obligations of the developer from the contract of equity participation in CESSIA. In this case, it will be possible to require a penalty for the failure of the construction time and other delays in the delivery of the house.

Important: Cessia is desirable to be in several copies, depending on the number of participants in the transaction. One remains from the seller, the second from the buyer, the third will be kept in Rosreest. Additional instances can request banks and developers.

Step 3: Register the Treaty in Rosreestre

Visit the Rosreestra division in your region or contact the nearest MFC. Provide an employee:

📌 Original shared participation contract in construction;

📌 agreement on the assignment of the right Requirements for DDD;

📌 receipt of payment of state duty;

📌 passports of both sides of the transaction - the seller andfuture the owner of the right of claim;

📌 notarized consent of the spouse of the seller and the buyer for the transaction;

📌 permission to assign rights from the developer's company;

📌 Help on the absence of debt to the developer or obligation to pay the balance of the amount;

📌 The permission from the bank to the transaction, if the seller concluded DTD using credit funds.

Provide the originals of all documents. If there is no possibility to provide the original, an employee of Rosreestra or MFC can accept a notarized copy.

State fee for registration of transferring rights Real estate requirements is paid in advance. Its size is 350 ₽ for physical andlegal persons, the duties always pays the buyer.

After the employee accepts the documents, he will give a receipt with the list of accepted papers and a change in DDD. Usually it is 10 days. At the appointed date, the Rosreestra officer will issue back accepted documents and notify the amendments to the Share Participation.

How to get an apartment under the agreement assignation of the rights of claim

After registering the assignment agreement, wait for the developer to introduce the house. He will assign him a postal address, will issue a cadastral passport to the object itself and every apartment, will make a protocol on the distribution of apartments and fulfill a number of other actions. I will give you a certified copy of the commissioning permit and sign an act of receiving an apartment.

Contact Rosreestr or MFC to register ownership. Provide an employee:

✔ passport of a citizen of the Russian Federation;

✔ Cessia and the contract of equity in construction;

✔ a copy of commissioning permits;

✔ Act of the reception and transfer of the apartment;

✔ receipt of payment of state duty.

The size of the duty is 2 000 ₽ for individuals, 22 000 ₽ for legal.

An employee of Rosreestra or MFC will take documents, will give a receipt with the list of papers and the date when you need to pick them up. The date of registration of property rights is 10 working days. When you come to Rosreestr, get back the original documents and an extract from EGRN confirming the right of ownership.

How much is the assignment of the apartment in the new building

CESSIONAL COSTS BUSINESS COMPANY. It pays part of the state duty in the amount of 350 ₽. The amount that a cessionary pays to the subject depends only on the requirements of the buyer. how to sell an apartment in a consequence mortgage.

If the rights arenew buildingat minor

If the DDU contract appear minors, when making a cessia, it is necessary to obtain permission to deal from the guardianship authorities. Legal representatives of the minor are parents or guardians - they will sign a cession.

If DDD was drawn up with maternal capital

If we draw out the assignment of rights, and the seller used to conclude a DDA from maternal capital, the procedure becomes more complicated. In the cessia should be spelled out that the children will receive their shares inown After the end of the construction period.