Independent verification of registration of a child-care contract in Rosreestr


Why do you need to check your preschool registration?

Registration procedures are carried out by Rosreestr to secure and confirm rights. All information is placed in the USRN register - a federal database. With regard to shared construction, the Unified State Register of Real Estate will include information about the emergence of a right of claim to a non-existent object, i.e. on part of the area of ​​the future house.

Checking the registration of a preschool educational institution may be necessary:

  • in order to make sure that the developer has fulfilled the mandatory requirement of Law 214-FZ, that is, submitted the documentation to the cadastral authority in a timely manner;
  • to conduct a check before registering the assignment (by law, you can assign the right of claim only if it is enshrined in the Unified State Register of Real Estate);
  • in order to receive an official form confirming the fact of state registration and the DDU number - an extract from the Unified State Register of Real Estate.

IMPORTANT! If you do not complete the registration procedure, the transaction is considered invalid. In this case, you will not be able to formalize your rights after completing the construction of the house, or demand compliance with the norms of Law 214-FZ. Also, under an unregistered agreement, it is much more difficult to obtain a refund if the developer turns out to be dishonest.

Online check of preschool education

The easiest option is to check the equity participation agreement via the Internet on the Rosreestr website.
An online check allows you to quickly and freely verify that the child-care center is registered by Rosreestr. Attention!

According to Law 214 Federal Law, payment for an apartment is made only after registration of a shared construction agreement. Don't pay the developer early!

You can check the registration of a DDU on the Rosreestr website both by the description of the land plot and by the registration number of the agreement in Rosreestr. However, the shareholder will not receive any confirmation of registration.

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In addition, as a result of the check, it will be possible to see only the registration number of the DDU, without indicating other data (the date of the DDU, the registration number of the agreement issued by the developer, the full name of the shareholder). Therefore, this option is best suited for shareholders who already have a registered DDU in their hands, but want to make sure that everything is really in order. If the equity participation agreement has not yet been returned to the shareholder, it is better to order an extract from the real estate register (USRN).

Options for checking DDU registration

First way

Checking the registration of DDU by cadastral number of the land plot

The sequence of actions to check the registration of a DDU is as follows:

  1. Open the official website of Rosreestr.
  2. Go to the section “Reference information on real estate objects online”.
  3. Enter the cadastral number of the land plot in the “Cadastral number” column.
  4. After that, enter the verification code (captcha).
  5. Click the “Generate request” button.
  6. Now select the address highlighted in blue.
  7. Click on the "Rights and Restrictions" tab.
  8. In the list that appears, look for the DDU registration number.

If your contract is not on this list, most likely you have a residential property without a mortgage. The registration of such a DDU can be verified using the second method.

Second way

Checking the DDU by the state registration number of the DDU

Testing instructions: follow the following sequence of actions:

  1. Go to the official portal of Rosreestr.
  2. Go to the section “Reference information on real estate objects online”.
  3. Enter the state registration number in the “Rights/Restrictions - Restriction Number” column.
  4. Now select "Subject" from the dropdown list.
  5. Next, you need to enter a verification code.
  6. Now click the “Generate request” button.

If the data is entered correctly, the address and cadastral number of the land plot where the construction of the facility is underway will appear. This means that the contract has been registered.

Third way

Personal application to the MFC or Rosreestr

To begin with, you should discuss the moments of contacting the authorized services in person. This is a visit to a branch of Rosreestr or MFC, which also provides similar services. Verification of the DDU by personal application takes place at the location of the construction site - the buyer’s future property.

If it is not possible to visit the Rosreestr branch, you can contact the MFC at the buyer’s place of residence (sometimes citizens live in another city or region). Here it is enough to submit an application for the provision of information under the contract in hand.

The application requires payment of a state fee of 400 rubles. The amount is regulated by Federal Law No. 218-FZ of July 13, 2015.

When visiting you should have with you:

  • passport of the owner of shared ownership;
  • agreement with the developer;
  • receipt for payment of state duty.

Important! If you do not have the time or opportunity to deal with this issue yourself, you can send a proxy to the department. A person must have a valid passport (his own), a notarized power of attorney, copies of the buyer’s passport and an agreement with the developer.

Checking whether the contract is registered or not

Regardless of the availability of supporting documents, you should check this fact yourself. To do this you need:

  1. go to the Rosreestr website and fill out the request form. Enter:
  • cadastral number of the property. Find the information in the DDU in the “Subject of the Agreement” section. The same information can be obtained from the project declaration of the facility;
  • the address of the object, but it is not mandatory, the cadastral number is enough;
  1. Click on the “form a request” link and wait for the results. This could be a table or a list;
  2. find the “rights and restrictions” column in the results; it will list the numbers of all registered childcare centers in the house;
  3. Make sure your contract number is on this list. If it is not there, you will have to find out the information in Rosreestr by making an appointment in advance.

If you have any questions, get an online consultation from professional lawyers on our website. You can also call the numbers provided. Lawyers will analyze the agreement for errors, controversial or unfavorable clauses, and for compliance with legal requirements. Also, specialists will help you complete the registration procedure as quickly as possible; if necessary, they will collect the documents themselves and submit them to Rosreestr.

How to obtain a document confirming the registration of an equity participation agreement

If you need a document that confirms the conclusion of a shared ownership agreement with the developer, you need to order an extract from the Unified State Register of Real Estate about registered DDUs. This document can be obtained through the MFC

The document contains the following information (for each DDU):

  • Contract details
  • State registration date
  • State registration number,
  • Shared construction facility,
  • Information about the participant in shared construction - last name, first name, patronymic,
  • information about the pledge of the rights of claim of a participant in shared construction, other restrictions on his rights,
  • information on the method of ensuring the fulfillment by the developer of obligations under the contract,
  • information about the bank in which, in accordance with the agreement on participation in shared construction, a special escrow account must be opened for the special deposit of funds to pay the price of such an agreement.

Why check the registration of the contract in Rosreestr?

From July 1, 2021, equity holders no longer transfer money to developers, but place it in special escrow accounts in the bank. But some builders have the right to draw up contracts in the old way - for example, those whose project is at least a third complete.

Registration of any agreement, including DDU, in Rosreestr is a verification, and not just entering its number into the database. This entry means that:

  • all the developer’s documents and the contents of the contract itself were checked;
  • everything is in order with the documentation for the construction project (at least at the time of inspection);
  • the entire procedure takes place within the framework of the law on equity participation (No. 214 of December 30, 2004).

You have the right to register a child care home yourself, but usually the registration agreements are sent by the developer. As a result, you receive a document with a stamp on the back side, a registration number manually entered in it, and a signature and seal of a Rosreestr employee. Using this number you can check whether the registration of the preschool educational institution has actually taken place.

1. The developer has all the documentation in order: he received a construction permit, he has a normal project and has ownership of the land. Those. the developer's actions comply with the requirements of the law.

2. This property is assigned to the shareholder and will not be sold to anyone else during the period between payment and subsequent registration.

Those. If you pay before you register the DDU, then during this time period you will be vulnerable to fraudulent actions by the developer.

The equity participation agreement has no legal force without the Rosreestr mark.

Even in court, you will not be able to demand the fulfillment of obligations by the developer without a registration mark. Legally, your agreement with the developer will be considered not concluded.

In addition, you will deprive yourself of the opportunity to resell the right of claim by assignment.

Without a DDU with a mark from the registering authority, you will not be given an extract from the Unified State Register of Real Estate.

An extract is needed to confirm your ownership in 3 situations:

  • when you want to register ownership of a property;
  • when you enter into an agreement on the assignment of rights under the DDU. If you decide to sell a property, you will show it to the buyer to prove that you are the owner;
  • it will also be needed as evidence in court.

After registration, “double sales” are excluded. Each area is assigned a specific owner.

It is necessary to check the registration of the DDU if you have decided to buy a property in shared construction.

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Registration can be confirmed by an extract from the Unified State Register of Real Estate - a document. It contains all the information about the property, including:

  • owners,
  • grounds for acquiring property,
  • arrest, pledge, encumbrance.

An extract from the Unified State Register can be ordered by anyone, not just the owner.

Ways to check the registration of a preschool educational institution:

  • order a paper extract from the Unified State Register of Real Estate from the MFC or Rosreestr. This option for obtaining an extract is more expensive, but is secured with a blue seal from the registering authority and is accepted by the court as evidence. Such an extract is considered an official document;
  • Order an electronic statement on the Rosreestr website and print it yourself. It is cheaper, but is not accepted by authorities as a document. Convenient if you want to find out information about the property and its owner for yourself.

Each verification method is subject to a state fee.

Relatively recently, there were many cases when, according to the DDU, one apartment in a building under construction was sold in parallel to several buyers. Equally common were situations where an unscrupulous developer began selling apartments without having construction permits. There were a lot of defrauded shareholders, so the state introduced compulsory registration of preschool education institutions in Rosreestr.

Usually, the registration of DDU is carried out by developers. To reduce the burden, they submit documents for registration in batches. That is, they wait until they have several shareholders, and only then submit all the papers for registration at once. This process can take quite a long time.

When registering a DDU, you can immediately order an extract from the Unified State Register in your application. This is the only documentary evidence of the fact that registration has been completed and your transaction with the developer has been assigned a number in the relevant state register. After receiving such an extract and the DDU with Rosreestr marks, you can make monetary settlements with the developer under the contract. You can also order an extract from the Unified State Register of Registration separately, for greater confidence.

There are two methods to obtain information about registering documents for the purchase of an apartment in a building under construction.

  1. Order an extract from the Unified State Register of Real Estate. This method is considered the most reliable and fastest. Firstly, you receive a document confirming that the childcare center is registered in the prescribed manner. Secondly, receiving such an extract takes no more than 10 working days.
  2. Request for registration of preschool education on the Rosreestr website. In this case, you will not receive supporting documents. But you can get information almost instantly. However, the site works intermittently and may distort information, and the data is not immediately entered into the database. The document may already be registered, but information about this may not yet be available on the website.

In short, checking the equity participation agreement on the Rosreestr website is not the best way to ensure the authenticity of the DDU. But if it is most convenient for you, then you need to do the following:

  1. Go to the Rosreestr website. At the bottom of the page, in the “Electronic services” section, select the “Reference information on real estate online” section and click on it.
  2. A large table will open in front of you, in which you can use various information to check the DDU. In this table, the registration record is designated as “Restriction Number” in the lowest block of the “Rights/Restrictions” table. Paste your registration number into the appropriate cell.
  3. Fill in the property details in one of the blocks above.
  4. Enter the captcha and click the “Generate request” button.

One DDU should appear in front of you. But the system sometimes works inaccurately, and there may be several of them. Find the combination of numbers that matches your DDU number.

If it is there, then everything is in order. But if it is not there, this may mean that the child care center is not registered. However, it may also be that the information has simply not been entered into the system yet. Therefore, you can check the DDU again after some time.

Federal law on participation in shared construction.

Rosreestr website.

If your number is not in the Rosreestr database:

  1. check the service update date (DDU is registered for 5-9 days, data is entered into the registry later);
  2. request an extract from the Unified State Register of Real Estate.

There is no information about the registration of the child-care facility in the extract - contact the developer with this problem. If he doesn't respond or comes up with ridiculous excuses, send him an email and ask him to provide details of the registered contract.

What to do if registration information is missing

If all deadlines for providing information to the database have already passed, it is necessary to pay attention to other reasons for the lack of information.

Failure to register the contract is possible due to the following mistakes of the parties (both the buyer and the developer):

  1. The representative of the developer company did not provide all the documents when contacting Rosreestr. Often the reason for this is the lack of rights to construct the facility as a whole. This can result in administrative penalties and even criminal liability for the applicant.
  2. The DDU was issued with errors that were identified by Rosreestr employees. Perhaps, at the time of the inspection, they had already notified the developer of the mistake, but he had not yet contacted the buyer or could not do so due to lack of contact information.
  3. The information was submitted by an unauthorized person. It should be noted here that the buyer himself can unilaterally register the DDU with Rosreestr. To do this, he just needs to provide copies of the title documents for construction, which can be taken from the developer himself.
  4. An agreement with an identical number, but with a different owner of shared ownership, has already been registered in Rosreestr.

As a rule, Rosreestr employees issue a written refusal to register a child-care facility indicating the reason. If the reason also affects the buyer, authorized persons of the developer company notify him of the impossibility of registration. Next, the issue of eliminating the error is resolved: a new agreement is concluded, new documents are submitted, etc.

If the developer has not notified you of the problems, you should contact him personally if there is no data on the Rosreestr website. This is done for clarification. You should think about it, or even better, refuse further cooperation when company representatives cannot give an accurate answer. If this happens, you can request a written refusal from government officials in order to become familiar with the real reason. If this is not the case, it means that the company did not submit information for registration of the DDU.

Sometimes the DDU is simply lost when an authorized person of the development company takes away the registered contracts in Rosreestr, since several documents are given at once during one application. In this case, he should visit the branch again and request a duplicate of the contract, which will be issued immediately after paying the state fee.

What are the benefits of registering a DDU?

1. Gives the contract legal force.
Upon conclusion of the contract, the developer undertakes to transfer the property to the buyer. But this is still just a promise that has no legal force. For the agreement to become an official document, it must be registered with Rosreestr. No signatures or seals can replace this! 2. Gives you the status of a shareholder and makes it possible to return your money. Without registering a DDU, you will not be considered a shareholder under the law, no matter how much money you actually invest in construction. And it will also be impossible to return money in case of unscrupulous construction.

3. Will help in court. If disputes arise between the developer and the buyer, then an agreement with a registration mark will be necessary for the court.

In what cases is it not worth buying an apartment in a new building?

Let us list the cases when the execution of a transaction may alert you and it is better to refuse to sign the agreement:

  1. Lack of complete documentation for the construction of a residential building. Only its presence will help shareholders avoid possible risks associated with refusal to start construction. No one can guarantee that the company will receive all permits, and without them the project will not be approved. In this case, the funds you transferred will be returned, but not soon.
  2. The land plot has a permitted use that does not allow the construction of an apartment building on it. Please clarify this fact in advance. This is quite simple to do by entering the address or cadastral number of a plot of land on the public cadastral map of the Rosreestr website. Do not believe that work is underway to change the type of land permit. Only after documentary confirmation does it make sense to sign the contract.
  3. There was a change in the developer of the residential property and a postponement of the start or completion of construction.
  4. The cost of an apartment in a building under construction is significantly lower than that of a similar area in the area. A too low price per square meter in a new building should make you think about the integrity of the developer.
  5. A representative of a construction organization refuses to provide documentation about the company’s activities and provides contradictory or unreliable information about the object. Any discrepancy between the information and that published in the media or on the developer’s website should be an “alarm bell.”
  6. Only an equity participation agreement should be offered for signing. Any other agreements between the construction organization and citizens are unauthorized. The contract must be carefully studied. Only after approval of all points and wording should we proceed for signing.
  7. The party to the contract is an individual entrepreneur or general contractor.

Stages of registration of preschool educational institutions in Rosreestr

1. The DDU itself is concluded with the signatures of the parties and the seal of the developer.

2. An application is submitted (electronic or printed). Documents are attached to the application. If, after registering the DDU, you want to immediately receive an extract from the Unified State Register of Real Estate to ensure that ownership of the property has been established, then indicate this in the application.

3. State The authority issues you a receipt confirming the acceptance of the package of documents for consideration. It should contain a list of all the documents that you attached to the application, the date of application, the name of the registration authority and the full name of the official who accepted the documents. As well as the contact details of the person to whom you need to contact for a response to the consideration of the application.

4. People come to pick up a registered child's home in person and submit a passport and a receipt to receive it.

The application form itself can be obtained from the MFC or the Rosreestr department. If you apply for registration online, the application is filled out, and a receipt is also issued electronically, through the system.

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