Lawsuit with PIK Group: what do equity holders need to know?

To purchase an apartment in a new building safely, it is worth concluding a share participation agreement. But this is a rather long process - after all, this document requires registration with the Rosreestr department and verification by department employees. Recently, it became possible to speed up registration - with the help offered by both large banks and Rosreestr itself. But there are several pitfalls and little things - we’ll tell you in more detail.

Registration of the agreement

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

Any equity participation agreement requires registration in a special database of real estate objects. This makes it possible to exclude fraud in the form of double sales of the same apartment or the right to claim an apartment to several persons. Simultaneously with entering objects into the database, Rosreestr specialists check contracts for the requirements of Federal Law 214 “On shared participation in the construction of apartment buildings.” This allows shareholders to feel confident in such high-risk investments as buying an apartment in a new building.

Until recently, registration of preschool educational institutions with the Rosreestr administration was quite standard. It was necessary to collect documents, sign the contract itself and submit it for verification to the government agency. This could be done in two ways.

In 2015, Rosreestr began providing services for electronic registration of preschool educational institutions. This is the execution of transactions using the Internet. It would seem like a convenient and fast mechanism, because there is no need to waste time on queues and paperwork. But as it turned out, the system turned out to be overly protected and not everything was done for the convenience of shareholders.

Advantages and disadvantages

Developers have accepted the possibility of registering real estate via the Internet positively. Electronic registration of preschool education began to save a lot of time. Thus, in Moscow, it used to take eight days to register an equity participation agreement. With the help of electronic registration, the period was reduced to five days.

Other advantages for developers:

• Elimination of the human factor - documents were no longer returned due to the incompetence of specialists or administrative problems
• Reduced costs for couriers and other delivery costs
• The fee for electronic registration has been reduced

Thus, electronic registration of preschool educational institutions has primarily become beneficial for the developer. And for those shareholders whose developers prefer to collect equity participation agreements in large quantities, sign them in the office, supplement them with the necessary documents from investors and register them immediately.

The key disadvantage for individuals was the high cost of the process. So, if you read the reviews of those who chose the electronic registration of a child-care facility, you can understand that the main complaints are the legislator’s requirements for obtaining a special electronic digital signature for a transaction. But this requirement changes everything.

Registration process

The essence of electronic registration of preschool education is to reduce the number of papers and actions required to obtain public services. Therefore, for registration you need the same documents that would be required in person to present to officials:

• DDU agreement
• Copy of your passport
• Project declarations and additional agreements to the DDU
• If necessary, notarized consent of the spouse to purchase an apartment

Rosreestr

In order to make an electronic registration of a preschool educational institution through the Rosreestr office, however, just like the registration of a secondary home, you need to obtain an enhanced digital signature. This can be done at a special certification center. You need to find such a center in your city - through the Yandex or Google search engines - and come to them with the original passport.

Payment for electronic signature services differs from region to region. The larger the city, the more expensive it is, but in small cities there may not be such centers at all:

• At the time of writing, the average cost of an enhanced electronic signature in Moscow is about 5 thousand rubles
• In St. Petersburg - about 4 thousand rubles.

To go through the registration algorithm with the Rosreestr department, you need to go to a special page for the provision of electronic services on the official website of the department. Then everything is quite simple:

• Submit an application through the website using a special form
• You must indicate the purpose of the appeal. In our case, this is “registration of property rights”
• Indicate the cadastral number of the object - take it in the “Subject of the agreement” section of your share participation agreement
• Fill in the form with information about the owner - developer or other legal entity that is conducting the transaction
• Indicate the method by which you want to receive documents after the service - in the case of electronic registration of a child-care center, this is an extract from the registration of a child-care center from the Unified State Register of Real Estate. You can come in person on the appointment day and receive a paper statement, or you can leave an email address.
• Then you attach scanned copies of all documents and carry out the signing procedure using an enhanced digital signature.

In this case, you will have to pay only 70% of the state fee for registering the contract - a 30% discount is provided to everyone who uses electronic government services.

If it weren’t for the cost of an electronic signature, which an individual often needs only once to conduct this particular transaction, then this registration option would be the most convenient and economical when registering remote control agreements. But, given that the signature is purchased only for a year, the difference is eaten up by the cost of the signature itself.

Sberbank

Electronic registration of preschool educational institutions through Sberbank has become a fairly popular service due to the interaction of the credit department and Rosreestr. This is only available if you decide to take out a mortgage on your apartment through this bank. Information about the possibility of registering an agreement without obtaining a mortgage loan could not be found in open sources.

There are several advantages for a mortgage borrower from a transaction through electronic registration:

• For the transaction, you need a share participation agreement, which will be prepared by the developer in the form of a bank and all you have to do is sign it.
• The registration period is much shorter - 5-7 days versus the standard fourteen
• If you are not married, then the algorithm of actions is quite simple - choose an apartment, notify the developer about the purchase, come to the bank to conclude an agreement.
• Sberbank reduces rates for mortgage borrowers who choose electronic transaction registration by 0.1% - information at the time of writing.

The disadvantage of such a deal is the rather high price. Yes, no one talks about an enhanced digital signature, but in essence you are renting it from the bank. At the time of writing this text, a credit institution offered to purchase an electronic registration service for 7 thousand rubles. Considering other additional fees when obtaining a mortgage loan (for example, compulsory insurance), this is a significant burden on the down payment.

True, the cost of the state duty is still included in this amount. After the documents are signed, the bank manager will take over the process. In a week you need to open your email and most likely there will be an extract about the registered equity participation agreement waiting for you there.

Electronic registration of preschool education through Sberbank, judging by the reviews, is a fairly popular service. At the same time, shareholders often do not even understand what exactly the managers in their branches are offering them. Remember that you can avoid spending 7-8 thousand rubles by independently registering a child-care center at the Rosreestr branch or the nearest MFC.

You do not have the right to force electronic registration of preschool education

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.

Checking registration

Receiving a letter to the email address you provided does not mean that the equity participation agreement has passed state registration. Sometimes, as is often the case with public services, the system experiences disruptions. Therefore, it would be useful to check whether the electronic registration of the preschool educational institution was really successful.

You need to go to the official website of the Rosreestr department for information. You need to do a few simple steps:

• In the “Electronic Services” section you need to find the link “Online reference information on real estate”. By clicking on it, you will be taken to a special search form.
• You need to take the cadastral number of the property from the share participation agreement. Can be found in the “Subject” section of your DDU agreement. Or in appendices - in the project declaration for the object.
• If you have this information, add the address of the property and fill in other fields if such information is available. But you can get by with just one cadastral number
• When you click on search, a results window will open. It can be in the form of a table or a long list. All registered equity participation agreements will be displayed in the “Rights and Restrictions” column
• Look for your contract number

If you were able to find your contract, then everything is in order. If not, then you should wait 7 days from the moment of submitting documents for registration and issuing a certificate of registration and try again. If there is no information on this day, you should make an appointment with the Rosreestr office and find out in person why the contract was not registered.

Checking the registration of preschool educational institutions in Rosreestr

At the moment this is a pilot project developed by Sberbank. Electronic registration of an equity participation agreement is carried out when applying for a mortgage loan.

The advantages of this method of entering into Rosreestr are that there is no queue and it goes much faster. In addition, the bank offers a reduced annual loan rate. Disadvantages – a printed version of the document is not provided, it is sent by email.

You can check the status through the website or by contacting the department. In the first case it is done like this:

• contact a specialist at the specified contact phone numbers;
• make a request to Rosreestr. Please note that the extract is paid, it costs about 200 rubles.

Via the website:

• we enter the section of reference information on real estate transactions;
• the cadastral number of the object is entered into the appropriate window;
• after loading the data, complete information will appear;
• in the “rights and restrictions” window there is a list of registered childcare centers, look for your number. If it is there, then the document is included in the database; if not, then either the process of entering into the register has not yet been completed, or some problems have arisen. In the latter case, it is better to contact the department in person to clarify the information.

The procedure for electronic registration of preschool educational institutions is simpler than the traditional process through the MFC or Rosreestr. At the moment, this is a pilot project, and only Sberbank is doing it, since it is the developer of the system. If the system proves itself and shows efficiency, then it is likely that other banks, as well as Rosreestr itself, will switch to it.