In our country today there is a huge number of organizations that carry out construction activities. The main purpose government agencies regulating the work of these companies is to create optimal conditions for the development of this industry. This can be done only if the legislation does not slow down the work of developers. For this purpose, it included Big changes, as a result of which the building license lost its original validity.
Therefore, the question of whether a license is needed for construction works, is one of the most relevant today. It is easy to design it, the most important thing is to assemble required package documents, and then write an application for receipt.
The activities of construction companies are fully regulated by the state, which, in case of poor quality work, can deprive the developer of a license to carry out construction activities. However, this approach also has many disadvantages, as it creates a large number of business difficulties.
Therefore, the legislation was revised, and the issuance of licenses and quality control of work was transferred to the SRO. Thus, any construction company operating in Russia must buy from the SRO building license and obtain permits for all types of work that she plans to perform.
A construction work license is a document granting the right to perform construction and other types of work related to design. It contains rules that must be followed. If the developer commits any violations, then a disciplinary sanction is applied to him, and with regular violations, he may lose his license altogether.
According to the current legislation of the Russian Federation, a license to perform construction work is mandatory for all developers and industrial companies whose activities are related to construction. In addition to a license, it is also necessary to obtain permits for the types of work that the company will perform.
However, there is a small exception. Organizations that are involved can work without any permit document. Such measures were taken in order to reduce the burden on small and medium business and make them more comfortable
However, this does not mean at all that such companies should not follow the rules and monitor the quality of their work. Their activities are also regulated by SROs, which may apply disciplinary sanctions.
Many people are interested in the question of what construction work a license is needed for. It is mandatory for those companies whose activities are related to the development of construction projects and technological documentation, the construction of buildings for various purposes, as well as engineering.
To date, the SRO is responsible for issuing licenses and regulating the activities of developers. However, in order to obtain permits, the developer must first become a member. At the same time, it is important to understand that, in addition to the main activity, the UK also performs various types of work, which also require a permit.
If any company, whose activities are not commercial, needs to obtain a permit for construction or other work, then a limited license for construction and installation work is issued to it.
To date, licenses granting the right to engage in construction activities are divided into the following types:
Each type of permit document involves the conduct of a certain type of activity, therefore, when applying for a license, the direction of the company should be taken into account.
A construction license must be held by any company whose activities are in one way or another connected with the construction of residential and commercial buildings, as well as any other architectural structures.
The legislation defines quite a few types of construction activities, therefore, before applying to the SRO for obtaining documentation, it is recommended that you familiarize yourself with the information provided in the Classifier. However, it is worth noting that after the amendments to the legislation, the types of activities that require a license have become much less than they were before 2010.
A license for construction work is issued in the following order:
I would like to say that the decision of the commission when issuing a license is also influenced by the feedback from the clients of the company that applied for the documents. Therefore, regardless of whether you have a license or not, you must always work efficiently.
During the appraisal of the developer, third-party companies may be involved. This is necessary in order for the assessment to be carried out independently and to be objective. However, it is important to understand that recommendations third parties are exclusively informative, therefore, they do not have a significant impact on the decision of the commission.
According to the legislation, the procedure for issuing a license for construction work should not exceed 60 days from the moment the developer submits an application.
To obtain a license granting the right to carry out construction activities, you will need to prepare the following documents:
It should be noted that the list of documents may differ depending on the type of activity that the company plans to engage in. In addition, it is essential that all regulations that are prescribed by law.
A license for construction work is without which the activity of a construction company is impossible. However, getting it is only half the battle, because for violations and poor-quality work, the SRO can always deprive an unscrupulous company of it. Therefore, after obtaining a license, always adhere to high standards and comply with the requirements put forward by the SRO.
– continuation:Dreams Come True! The construction of the house is finally completed, and our long-awaited apartment in it is ready. This was solemnly announced to us Developer, and invited us to accept his work, and sign The act of acceptance and transfer of the apartment.
Consider the main rules for accepting an apartment in a new building.
The process of transferring apartments to Buyers ( settlement) occurs according to the schedule, which Developer should publish on your website. And this process is not fast, it can take several months.
Before acceptance of an apartment in a new building and signing Transfer-acceptance certificate, we need to make sure that the house is really rented out ( this rule is established by law FZ-214). To do this, we ask developer copy Permissions to put the facility into operation . It’s better for us to have a passport and a copy of the contract with us. developer.
The desire to quickly get the keys and start settling in is understandable. But if we hurry, we can get some construction surprises in the appendage, which we will have to fix ourselves, and at our own expense.
Apartments in modern new buildings, to be honest, are delivered with defects and imperfections almost always. This is a fact confirmed by practice. The only question is how serious these shortcomings are and how many there are. According to the estimates of specialists involved in the acceptance of apartments in Moscow, for example, the cost of Buyers for self-correction of defects in new apartments fluctuate in the range of 50 - 150 thousand rubles. ( data for 2017).
For Buyer The act of accepting an apartment in a new building is not an empty formality, but an important document that gives us the opportunity to influence developer, and defend their rights if he allowed a serious marriage in his work.
For developer signing by the Buyer act means that he fulfilled all his obligations under the contract, and there is nothing more to ask him. Unless, of course, the Buyer has contributed to Act a number of remarks on quality ( see below).
In addition, after signing act Developer removes all payments for the “communal” for this apartment, and shifts them onto the shoulders of the Buyer ( before the Buyer obtains ownership). Moreover, for the "communal" we may be required to pay in advance for 3-4 months. forward.
Although The act of acceptance of the apartment in a new building and is an official document ( protocol), having legal force, it is drawn up in an arbitrary, simple written form.
Actually, for us, the factor is no less important than the signing of an agreement with developer. That's why prepare for this process ahead of time and thoroughly - we need to know what and where to check, how to detect hidden defects, which imperfections are considered significant, and which are within the normal range ( according to GOSTs and SNiPs), how to fix all this in the Act, etc.
First of all, we check the correspondence of the real apartment layouts the project that was declared developer when signing the contract.
Then we check the real ( according to) and design ( under contract) area of the apartment .
There are frequent cases when actual area according to the results of measurements BTI, slightly more or less than the design. If the area turned out to be larger, we may have to pay extra. Developer for excess. If the area has decreased, we have the right to demand that we return the difference for the missing footage. It happens that Developer establishes in the contract a certain limit of possible discrepancies in the area, and is ready to pay us the difference only if this limit is exceeded. The court usually considers such a clause in the contract invalid.
Next, we begin the inspection of each element of the apartment. If in the process of acceptance of the apartment we found a marriage - significant defects or imperfections - then we record this in writing in the very The act of acceptance of the apartment, either in Watchlist attached to the Act.
also in Watchlist and terms (usually no more than two months), during which Developer must remedy the defects at his own expense. Alternatively, monetary compensation is allowed. developer our costs for self-correction of defects.
Unfortunately, the practice is such that workers at a construction site do not always grow their hands from where they should, so you should not dream of an impeccable quality of work.
Complaints at acceptance of apartments in new buildings most often caused by poorly made cement screeds on the floor, crooked walls, "littered" corners. We will also need to check the quality of the installation of double-glazed windows and doors, carefully inspect the elements of water supply, sewerage, heating and ventilation. And if, according to the terms of the contract, plumbing must be installed in the apartment, then we check it for cracks and installation quality ( how to do all this - see the link below).
It should be borne in mind that minor defects in a new apartment are almost inevitable ( unevenness on the walls, difference at the joints of floor slabs, etc.) and have to deal with them. Such "little things" are then leveled in the process of interior decoration of the apartment.
To express Developer claims only worth it if you find really serious flaws. At the same time, our claims must be based on the current SNiPs (Building Regulations and Rules), otherwise everyone will demand for himself an ideal, which, as you know, does not occur in nature.
♦ What you need to have with you to accept an apartment in a new building ♦
In general, for the effective acceptance of an apartment and the competent formulation of claims in Watchlist, it makes sense to invite an independent construction specialist
(an experienced foreman, for example), which not only knows SNiPs, but also with a trained eye will determine where the workers made a mistake that needs to be corrected. Then we will not have to eliminate defects at our own expense.
It happens that it is not possible to invite an expert builder, in which case you can familiarize yourself with technical rules (what and how to check - see the link).
It is better if the acceptance of the apartment takes place in the autumn-winter period, when heating already included. Then it is possible to immediately evaluate its work and check the tightness and thermoregulation of the batteries.
If the acceptance takes place in the summer, then in Transfer-acceptance act or Watchlist it must be indicated that the heat supply was not checked due to lack of technical ability to do this.
And anyway, acceptance of the apartment in a new building is better to carry out morning or afternoon - in bright daylight, it is much easier to notice marriage and imperfections in the apartment.
During the acceptance process, one should also not forget about the condition of the entrance, staircase, elevator and adjacent territory, which must correspond to the declared plan ( parking, playground, curbs, fences, night lighting, no construction waste, etc.). Be sure to pay attention to the fire extinguishing and smoke removal systems provided in the house.
VIDEO: Acceptance of the apartment from the Developer. Basic moments
- How to take new apartment at the builder? What should I pay attention to when accepting? What documents to sign?
Gives us the right not to sign if defects are found Transfer-acceptance certificate. But without it, registration will not begin. ownership, and this is also not a fast process. Therefore, in order not to waste time in vain, it is better to record in writing all the deficiencies found in Watchlist, sign Act, and pass it Developer to send to Rosreestr on . It doesn't take off developer obligations to eliminate the noted deficiencies.
We keep copies of these documents signed by developer. If Developer does not eliminate the specified defects within the specified time, then this is already the basis for the Buyer to apply to the court.
True, the law provides us with two more alternative ways to resolve this issue: we can demand a commensurate reduction in the price of our contract with developer or demand reimbursement of our costs for self-correction of defects.
In addition, if we bought an apartment for, then in accordance with 214-FZ given to our apartment guarantee period - 5 years, and for engineering equipment - 3 years. During this period, we can also make claims Developer for shortcomings and defects discovered during the operation of the apartment ( including hidden), and demand their elimination at his expense.
♦ Speaking of the Builder's guarantee ♦
Hidden Defects
can only be discovered by living in an apartment for at least a few months. This can be wall freezing, fungus, cracks in the joints, leaks in the ceiling ( especially for top floor apartments), non-working ventilation ( thrust may not be outward, but inward), and etc.
In practice, buyers before handing over the house trying to see their future square meters (if possible, by inviting an expert), and obvious shortcomings are detected already at this stage. At this time, while the builders have not yet left the object, it is much easier to demand and achieve the elimination of imperfections.
After signing The act of acceptance of the apartment in a new building and settling disputes ( in terms of troubleshooting), we finally get the keys from our apartment. Hooray! You can move in, make repairs, bring in furniture, cats, dogs and relatives.
So, having arranged a “final exam” for the Developer, we accepted the apartment from him. De facto, we can consider ourselves owners. We fix this event for ourselves with a bottle of champagne ...
True, de jure we still do not own this apartment. Registration of property rights is still ahead of us.
How do we register our ownership of a new apartment, more on that in the next step.
Accepting an apartment from a developer is not a formality: I signed the documents and that's it. The host apartment will become home. In this article, we will figure out what to check in a new building. And how to oblige the developer to fix the flaws for free.
We understand that this is very exciting. You've been waiting for so long and it's finally here. But the desire to get the keys as soon as possible can cost too much. It is better not to sign the act of acceptance and transfer the first time than to fix jambs for many months later. And further:
Don't be nervous if you are rushed. It is your right to check as much as necessary. At least all day long.
Do not listen if you are told that the disadvantage is minor. Record everything.
Do not be shy. If you don't talk about the problem, no one will fix it.
How the acceptance of an apartment from the developer should take place is quite specifically described by and. Here is what the developer must do before handing over the apartment:
Get a house permit
Notify equity holders of readiness to transfer the object. This must be done by letter with acknowledgment of receipt and a description of the attachment or in person against receipt. By phone, email or sms does not count.
Within 7 days, you must “proceed to accept” if there are no other conditions in the contract equity participation(DDU). That is, you need to confirm the intention to accept an apartment. For example, make an appointment. After that, there are 2 months to accept the apartment.
If you do not come within 2 months after the notification, the developer will sign a unilateral acceptance certificate. That is, he will give you an apartment without your participation.
Sometimes bad developers do not want to honestly transfer apartments and eliminate the shortcomings found. Then they try to cheat.
For example, they say that there is a long queue for acceptance and they write you down after 2.5 months. And then they sign the deed unilaterally. Everything is according to the law: on time - within 2 months after receiving the notification, you did not appear.
In such a situation, you need to immediately send a claim to the developer as soon as you find out the date. There you need to write that you are ready to accept the object in accordance with the terms of the contract and the law. Request a copy of the claim with a receipt confirming receipt of an authorized employee. Or send it by mail with a notification and a description of the attachment.
This will be proof that you did not evade acceptance.
Please read the contract carefully before accepting project documentation. These two documents should contain everything about your apartment: wall and floor materials, finishes, manufacturer and configuration of windows, what doors should be. By the way, about the entrance and adjoining territory should also be written there. And when transferring an apartment, they must also be ready.
Prepare a copy of the apartment plan from the annex to the DDU. When you accept an apartment, you will need to compare the area and check if all the partitions are in place. If they are not, you may also have to pay for an increase in the total area.
According to the plan, you also need to check whether or not there are wet areas where plumbing will be connected.
1. Passport and contract
2. Tablet, several sheets of paper, 2 pens
3. Chalk, paper tape and washable marker. It will be necessary to mark where the flaws are: glue adhesive tape and write notes on it, trace scratches and scales on double-glazed windows with a marker
4. Electricity tester or small electrical appliance (phone charger)
5. Lighter and candle. By the deflection of the flame, you can understand whether the ventilation is working, whether it is blowing from the cracks in the windows
6. Bulb - check cartridges
7. Flashlight
8. Roulette
9. Level, plumb line (thread and weight)
10. Stool or stepladder
11. Optionally - change of clothes or shoes
It's minimum. Professionals use many more special devices. If you plan to rent an apartment on your own, you can rent:
How to use special devices can be found on the Internet. Spend a couple of evenings and you can qualitatively check the apartment yourself. If you don't want to waste your time, contact the professionals.
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So, in complete peace, armed with common sense and tools, we go to the acceptance. You came during the day to have a good look at everything in the sunlight. We took with us the plan of the room and this apartment acceptance checklist- so as not to miss anything. Briefly describe what is in it:
Yes, we start again with documents. In addition to the act of acceptance of the transfer, the act of putting the house into operation, you need to obtain and check the cadastral and technical certificate, explication, passports and guarantees for counters and doors.
We check if there is damage, a peephole, whether the door closes easily. Do the locks work, the handle does not dangle and does not stick, are the sealing gum intact? If there is a call, it should work.
You need to understand that developers rent apartments in different conditions. If the finish is rough, then these are bare walls. There is nothing to check here, except for evenness, the absence of cracks and moisture spots on the walls. So we get the level and plumb.
There is rarely a pre-finishing finish: floor screed, plastering of walls and partitions, arrangement of slopes of windows and the front door. Also, with this finish, they make electrical wiring with sockets and lighting outlets. The quality of these works needs to be checked. We add a tester and a light bulb to the tools.
With a fine finish, the apartment is almost ready for occupancy. Here you need to check how the linoleum, tile or laminate is laid. Whether the wallpaper is evenly pasted over, whether the doors are intact. How locks and handles work: they should smoothly, without jamming.
Plumbing and faucets are in excellent condition: no stains or chips, all connections are tight, no leaks. Look under the bath, make sure it is grounded - a special wire is attached to the body. All taps are working.
The most common problem is scratches on double-glazed windows and frames. Mark them with a washable marker.
All mechanisms must work without jamming, the sashes do not touch the frame, all sealing gum around the perimeter of the windows are intact, without breaks.
An outflow for water is attached outside.
Mounting foam without gaps. Ideally, it is protected by a vapor barrier film or treated with a special sealant.
Check if it is blowing from the windows - move along the joints with a lit candle. Or hold a sheet of paper between the frame and the sash, close the window and try to pull the sheet out. And so in several places around the perimeter of the sash. If the leaf can be pulled out, it will most likely blow in these places in winter.
Close the front door, open one sash of the window and check the draft at the exit - the flame should deviate into the ventilation shaft. On the extreme floors in the warm season, ventilation may not work - this is normal. In this case, the developer usually installs additional exhaust fans in the apartment.
Without special devices, it will not be possible to check a lot. But at least ask to turn on the electricity in the common shield, and at the same time press the "Test" button on the body of the temporary shield. If the “machine” turns off, there is voltage. If you have testers with you, you can check each socket and lighting outlet, find out if there is grounding.
Check if there is water. Write down the meter readings, check the serial number with that indicated in the passport.
On the water supply pipes at the outlet points there must be shut-off valves: a tap, a filter, a pressure reducing valve. There should be no leaks on the pipe connections.
There are plugs on the sewer outlets.
Phew, almost everything.
It remains to write down all the shortcomings in the inspection report. And sign it and the acceptance certificate. Or don't sign, it's up to you.
If you find flaws (and this happens in 90% of cases), there are two options:
1. Don't sign the deed. Demand to eliminate the deficiencies and re-accept. This option ensures that defects are corrected. The developer will have to hurry to meet the deadline for the handover. The keys will not be given to you yet.
2. Sign an act with the condition of eliminating defects. Be sure to include a timeline for when everything needs to be fixed. The keys will be given. But you may have to persevere so that the developer quickly and efficiently eliminates the shortcomings.
We repeat once again: according to the law, having drawn up an inspection report, you have the right not to accept an apartment until the defects are eliminated.
The inspection report must be signed by the parties specified in the DDU. Be sure to check the power of attorney for the manager who will sign your act. The document must state that the employee can do this on behalf of the developer.
But first, read carefully. For example, the developer may include in the act a phrase stating that you have no claims on the timing of the transfer of the object shared construction. Such a clause can be entered if there is a delay. If you plan to receive a penalty, demand that this proposal be removed from the act, and only then sign it.
Click to enlarge
To minimize the risks associated with buying a home in a house under construction, as well as to choose the most profitable terms acquisition, it is necessary to carefully select the developer, construction project and contract terms. To do this, you must request from the developer and carefully check a number of documents. They must be provided in the form of originals or notarized copies. You can ask to send scans of the listed documents to email to show them to a specialist.
According to FZ-214, the developer is obliged to provide the buyer of the apartment with such documents as:
Be sure to study the draft contract that the developer proposes to sign. It should be a shareholding agreement - DDU. Transactions on other documents may be recognized as illegal; they may hide the lack of registration, building permits and other risks.
The DDD must clearly state:
What documents must the developer provide after the delivery of the house:
After signing the act of acceptance and transfer and resolving all issues, the shareholder receives the keys and can move in. The developer collects a set of acts from all residents and a package of documents for registration with Rosreestr. After that, the registration of property rights begins. In addition to the DDU and the act of acceptance and transfer, the developer can issue cadastral passport apartments.
The builder's work modern Russia strictly regulated. There are a lot of standards and GOSTs for the quality of housing. But even this is not the main thing. For the buyer, it is rather interesting to know the requirements for the developer, which are imposed by federal law No. 214: “On equity participation in the construction of apartment buildings”. In 2020, legislators made a lot of changes to it, which are important for future investors to know about.
Important! It should be borne in mind that:
To get the most detailed advice on your issue, you just need to choose any of the proposed options:
There are a lot of changes in 2020. Even if we discard minor technical changes that will only concern employees of regulatory authorities rather than buyers, everything turns out to be a rather significant layer of new legislation.
Yes that's right. New requirements for developers from 2020 force developers to enter into equity agreements for the sale of townhouses. This low-rise construction was previously distributed as several separate houses on the same area. Now developers selling housing in cottage villages, are forced to work under 214FZ.
This rather unusual innovation protects buyers of cottages from fraud with double sales of apartments and "accidental" disappearances of developers after receiving the money.
The requirements for the developer, introduced amendments to 214FZ, are mainly due to the large number of deceived equity holders. There are tens of thousands of them across the country. But it is important to take into account that the new amendments solve preventive problems, but in no way correct the situation of those who have already been deceived. Therefore, be more attentive to the offers of realtors about bargains in long-term construction
The compensation fund is new mechanism receiving money for the completion of problematic facilities that may appear due to the incompetence of the developer. It will not help against fraud by builders, but it will solve the problem in a bankruptcy situation. Therefore, the new requirements for the developer in this part look like a fairly adequate solution.
In fact, after the introduction of these amendments, the requirements for the developer have increased, but at the expense of an increase in the cost of housing by 1%. It is important to bear in mind that the compensation fund only works in those new buildings where the first equity agreement was concluded after January 1, 2018. If the DDU was concluded earlier, then the requirements for the developer under 214 FZ are a mandatory mechanism for insuring a new building.
What are the requirements for the developer in 2020 by law? If we take the totality of the main requirements and innovations of this year, we get a fairly large list:
The requirements for the authorized capital of the developer is one of the most relevant topics in the discussions of the professional community. New amendments to the legislation actually reduce the number of developers that can operate in our country. It is assumed that small developers who are unable to register an increased authorized capital will be able to work as general contractors for large developers-holdings.
The authorized capital is the amount that is actually frozen by the developer - both cash and various equipment and property can be contributed to it. The authorized capital can be used to pay debts in case of bankruptcy.
Accordingly, large developments, such as the implementation of microdistrict construction programs, can now only be implemented by developers with a very large authorized capital. On the one hand, it guarantees:
Federal law strictly regulates the actions legal entity- a developer who undertook the construction of multi-apartment housing and the sale of shares by an investor. If the developer decides to raise money individuals, then he must:
The requirements for the developer’s website have also changed dramatically since 2020. Previously, it was simply said that the developer is obliged to post information about himself on the Internet. Now the requirements have become much stricter. This is called "information openness of the developer."
Now the developer's website should have not only the current versions of the declarations, but also all the old versions. You can track the change and understand what is happening with the new building
The requirement to the developer on the transfer of the apartment, the deadlines for execution, the amount, and so on, is contained in the equity participation agreement. This document is regulated by Art. No. 4 federal law. Primary requirements:
In addition, the contract must contain information about the apartment building itself. By analogy with an apartment - in a kindergarten you should be able to find out its address, recognize the number of floors, number non-residential premises and in general the plan of the object itself.
All information in the equity participation agreement must be in accordance with the current version of the project declaration posted on the developer's website.
The legislation puts forward requirements for the developer regarding the property. At the same time, in 2020 the situation worsened, but there were also disadvantages for equity holders.
The developer does not participate in the warranty repair process if the entire apartment building or the apartment separately was damaged due to:
Because of the last point, there is a lot of controversy. But in fact, everything is simple - if Management Company caused problems with the house by her actions or inactions, then the problems of eliminating deficiencies are a matter for the Criminal Code, and not for the developer. Litigation on this issue at the time of writing no.
What requirements can be presented to the developer regarding the improvement of the territories? If we are talking about a separate property, then this is cleaning the territory, bringing it into a standard form. Individual elements of improvement are prescribed in the project declaration.
Requirements for the developer on adjacent roads do not actually exist. If the developer destroyed this road with his construction actions, then he will have to apply to the municipality with a demand to oblige the developer to repair this road. Since public roads, even if they are adjacent to a new building, are not owned by residents, it is impossible to defend the rights to them through civil courts. Only through filing complaints with the administration and the prosecutor's office of your district.
Lawyer of the Board of Legal Protection. Specializes in handling cases related to appealing against illegal actions of officials, housing disputes, recovery of penalties from developers. Extensive experience in the 214 Federal Law.
