Quite often obtain ownership of the flats due to numerous difficulties. Registration of real estate out of court design apartment, office, parking, other real estate in the property out of court only under one condition - Developer opened the registered office of a new home in Rosreestra (Office of the Federal Service for State Registration, Cadastre, and Cartography under the relevant subject of the Russian Federation). So, if the home is finished building, the builder must sign the act of completion of the investment contract, under which carried out construction of the house. This order is fixed with two documents: Protocol distribution of residential and nonresidential real estate, these documents are usually signed at different time intervals, first to the Protocol on residential property, then the Protocol on non-residential property. Following the signing of these documents signed by the Act on the implementation of the investment contract, which can also be divided into residential and non-residential portion, and the Act can be shared on both sides of the house. These documents are completed, and if any developer has all the "package" that appeared in Rosreestra new home. After the opening address of the registration of a new home, by choice, or builder with his hand and introducing the proxy holders, or such persons jointly or self interest holders with a power of attorney from the developer, addressed the registration service, provide it in the Treaty (2 copies). For the purchase of property, the act (2 copies). the performance of obligations specified in the contract documents BTI (cadastral passport and explication), an application for registration and payment of state. Fee. Two weeks later, in some areas a month interest holders receive a certificate of title to the apartment, which serves as a document pravopodtverzhdayuschim contract to purchase real estate (equity contract, the contract of investment, co-investment agreement, other agreements). Registration of real estate in the courts of real estate through the courts is particularly widespread found in the past few years. By that method of design in the ownership of real estate interest holders have recourse, provided the builder is not signed by the above protocols or the distribution of land records on the implementation of the investment contract, as well as the presence of other zagvozdok in the selection and preparation of documents for the registration service. In this case, equity holders must apply to the court to them, it was recognized right of ownership for real estate acquisition, after which the court this property right is subject to state registration with the issuance of a certificate of ownership. First. Welcome, while the law is not defined as mandatory in these disputes, Claims procedure of dispute resolution. Why do it? Court on formal grounds could leave the claim without movement, along with a claim if not granted an appeal to the developer on the design of property rights in an ordinary court. Of course, such a determination may be appealed to the court and superior court will compel the trial court to consider your claim, but you will lose at least 3 months. To avoid these delays, it is recommended to apply for registration of the builder or the provision of property rights necessary for the execution of documents, and to prescribe such treatment in the period, for example, in 7 days. After this time you can safely go to court with a claim for recognition of property rights. Second. Payment of state fees. Since the Russian Supreme Court established long ago that these disputes are regulated by the legislation on consumer protection, the fee for applying to the court calculated on concessional terms and a maximum of from 60 000 and 46 800 rubles, and the claims for recognition of the right to object to 1 million rubles state fee is not paid. The third. Mandatory condition to go to court are the following documents, which are interest holders must submit a claim with the court: - contract (investment, co-investment, concession rights, joint venture, equity investment in construction, investment deposit, a preliminary agreement, etc.) - vouchers for payment of these contracts; Others, as binding documents, without which the court has no right to decide, and which can be obtained already in the civil proceedings initiated by the court requests: - floor plan, explication and proof of address assignment from BTI - Resolution to enter the house in operation - an investment contract with all attachments and additional agreements - pre-distribution protocol residential or nonresidential real estate - a message from Rosreestra the absence of the registered rights to real estate investors pretenduemy paid real estate object. Fourth. By trial involved the defendant - it is usually the one construction company, which concluded the contract interest holders. And as a third party, namely, all the investment companies involved in home construction, local authority, which should be allocated space at home, as well as the state registration, ie Rosreestr. The fifth. 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. Namely, in a refined statement of claim, which in future will be reflected in the court's decision should be prescribed floor space, number, total area, living area, as well as additional features, if any, in the cadastral passports of BTI. The sixth. After the entry into force of the court, again, at the address interest holders must obtain a passport inventory and explication of the BTI. In the presence of these documents and two copies of the BTI decision of the court filed an application for registration rights with stamp duty paid in Rosreestr (Office of the Federal Service for State Registration, Cadastre, and Cartography in the respective regions). You should pay attention, because This question interests of almost all real estate investors that the certificate of title to the new building has the same legal effect as a certificate obtained under any other document pravopodtverzhdayuschemu such contract or equity sales. To challenge such evidence is virtually impossible.
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