Recently, more and more buyers of new buildings, waiting for the completion of the home, can not issue ownership. Circumstances can be very different: not one of the parties signing the investment contract, acts, or Protocols distribution of apartments, some financial problems of companies or expanded investment project, extending its action immediately on dozens of construction projects. Lawyer Oleg Sukhov, a leading lawyer of the "First Capital Law Center," described how the issue title to the apartment (office) in a newly built house, if the company is the developer and the administration does not send the documents for registration in the normal way through the registration service? If the object is built to appeal to the court and meet the stated requirements, it is desirable to have an answer developer, investor or, at worst, the local administration to refuse registration of ownership of the purchased property, or the inability of such registration for any reason. Mandatory condition to go to court are: - contract (investment, co-investment, concession rights, joint venture, equity participation in investment construction, investment deposit, a preliminary agreement, etc.) - vouchers for payment of these contracts - the act of receiving the transfer object real estate investor (at registration of ownership of the completed construction site) - BTI plan (at registration of ownership of the completed construction of the object) - an investment contract, the decision of local authorities, the documents of the land claimed at the request of the court. Keep in mind that on the basis of jurisprudence and civil law the applicant may request a judicial recognition of a property right only to a particular property. When you contact the court will have to pay state tax, the amount of which may amount to an amount of up to 60 000. Requirements to the court on recognition of property rights must clearly describe the property in accordance with data obtained from TIB, or refuse registration service to register property rights. As part of the trial court must provide a message of Rossreestra the absence of the registered rights to the property that you are applying for. By proceeding involved all participants of the project, as well as the person claiming to be inferior or controversial subject. It is also claimed by the judicial inquiries all legal documentation for object construction. After the entry into force of the court should contact the General Directorate of Federal Registration Service of the Federation subject to the BTI documents (cadastral passport and legend). Incomplete object in contrast to the completed construction of the property when submitting documents to the registration service for the issue of ownership of the plan BTI will not be provided, as there will be no transfer of a specific act of reception facilities. In this case the applicants should remember that the more accurately it will be written decision and will be given clearer than the object under construction, the easier it will register the property at the Fed. From a literal interpretation of Art. 25 Registration Act that: 1. When you register the right to object under construction is the object of the entire object under construction, but not part of it. 2. Registration of the right to object under construction is performed in case of need a transaction with such an object, ie subject of the transaction shall be the whole object under construction, but not part of it. 3. Plot aside for the creation of the property. Based on the above it can be concluded that the general rule is to register the right to object under construction in general (Article 25 of the registration). However, the object of registration forms and technical organizations, cadastral, and the establishment of Justice records law when there are legal grounds. Therefore, in case of granting the applicant entitlement to part of the facility under construction with the mandatory application of the land plot plan, certified by the authority responsible for conducting land use planning and plan for the property certified by the accounting authority of property (Art. 17, 18 Registration Act), register rights specified in these documents, the object under construction is possible. Current law permits the registration of rights to object under construction, regardless of destination under construction. On the question of whether subject to state registration of the transaction and transfer of rights or transfer of rights only, should be answered, given that house, whose construction is not completed, not a living space, as Can not be used for this purpose. Consequently, the registration shall be subject only to transfer ownership, and not contract of sale of such an object. As the litigation, in Moscow, for example, the courts favor the recognition of property rights to share in the investment contract in the form of certain premises, which was specified in the contract with the shareholders (investors, etc.), under which construction started at home. The recognition of property rights to such property as the half-built facility - a practice more negative. In the Moscow region and other regions of Russia there are many, and this good practice. Despite the fact that case law recognizing the right to share in an investment project are close to the history of occurrence, the practice is increasingly gaining their positive momentum. It should be noted that ownership of such court decisions can not be registered, but they allow us to deduce the right to their property from the estate (sale by auction to a third party) in case of bankruptcy of the builder.
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