Legality of Housing Construction

When buyers of newly constructed apartments are losing the invested funds and do not become owners of apartments, what can we say about the legality of such a construction? By law, at the site for private habitation allowed construction of a house not exceeding three residential floors. Raises the question of the legality of the construction five-story building on the site. So to draw a house without changing the purpose of the site, the premises on the first and fifth floors are made in the status of non-residential property developer and recorded as a basement and attic. But in this case owners ‘flat’ on these floors do not have the right to residence in them. And to get the right registration, you must convert the premises to residential status, which entails a large unexpected expenses initially.

With regard to preparation of project documentation on the house, it is not mandatory in the construction of individual houses. But if the floors above the building of three floors, the house is no longer an individual. For homes, number of storeys above three floors of the Town Planning Code of the Russian Federation have other requirements, which in most cases the construction is not met, which entails the risk that the house will not be put into operation. Is there any guarantee that the house will be put into operation? According to the Town Planning Code of the Russian Federation there is a list of documents to be submitted to the appropriate authority to enter the house in operation, in addition to the application for a permit to enter. Here are just some of them: Legal documents on the site, the site development plan, building permit, certificate of acceptance of the facility; documents confirming compliance with the constructed object requirements of technical regulations, confirming compliance with the completed project specifications, and this is only part of the necessary documents. Complexity of the procedure entry house in operation is obvious.

In this case, some pre-agreed to meet the condition that if the authorities do not take a house in operation, the developer shall be exempt from liability for delay, delay in delivery at home. Buyers in this case just have to wait. And sometimes it is necessary to wait for years, unable to either get registered on your space or arrange it in the property. It can be concluded that a significant difference between the new does not exist only in the cost per square meter, but in the legitimacy of the actions of developers and those risks that are a buyer. Maybe not to risk it and buy a flat in the secondary market? Professional responsibility conducted sdeli led professionals Real Estate Agents ‘AVENUE’ on the secondary housing market. Making a transaction on the primary market, buyers are faced with challenges in the design of property rights to apartments. In Unlike transactions with new buildings, buyers ‘secondary housing’ enter into a contract of sale for an apartment in a house that has already been built and put into operation. From this it follows that buy flats in the secondary market is much safer. Agencies, which value their reputation, according to his professional duty, providing services on legal support of transactions with new buildings, to warn consumers about all possible risks purchase of an apartment under construction.