Real estate lawyers

How to check an apartment in a new building on your own?

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The number of apartments in the primary market increases every year. In Kiev alone, in 2017, their number reached 70,000, of which more than 100 new buildings are problematic. And let the era of illegal transactions type "Elite Center" already behind, and today not all developers are bona fide.

Many new buildings in Kiev are being built without permits, which makes it impossible to put such a house into operation or leads to the actual freezing of the object. In order not to be left without an apartment and money, you should carry out a full inspection of the construction site and the developer.

For a professional legal inspection of the new building and the developer is better to contact lawyers who work in this field. If there is no such possibility, then a superficial check can be done on your own.

 

Let's help to get real estate safely

What to pay attention to first of all?

  1. EarthFor construction, the developer must own or lease land. Before signing the contract, it is necessary to demand from the developer a document confirming the right to land (for example, a lease of land). It should be noted that the owner of the land, the contractor (the company that builds the house) and the company that sells the apartment may be different persons. In this case, it is necessary to demand from the developer the documents concluded between the land user and the seller of apartments.

To verify the owner or tenant of the land created Public cadastral map. The information contained in it is open, so everyone can check the location of the land, its cadastral number, form of ownership, purpose of the land, as well as the area. For the construction of a house, the site must be assigned the correct purpose, for example: for the construction and maintenance of an apartment building.

Example of land search.

How to check the developer - public cadastral map

You can find out about the problems with the land plot (arrests, bans) after receiving a certificate from State Register of Rights real estate. The search criteria can be the cadastral number you found on the public cadastral map, the address of the land plot or the name of the construction company.

Search example.

How to check the developer - an extract from the real estate register

 

Construction documents

For the construction of a residential house, the developer is obliged to obtain town-planning conditions and restrictions on the construction of the land plot. It is a document containing planning and architectural requirements for design and construction. For buildings in Kiev, such information can be obtained from Urban cadastre of Kiev. For other regions, information should be sought on local council websites. On the site of the urban cadastre of Kiev is also created interdepartmental building center of Kiev on which illegal constructions of the city are noted.

How to check the developer - urban cadastre of Kiev

In addition, to build a multi-storey house, the developer must obtain a permit for construction work, which can be checked on the website Gstate architectural and construction inspection of Ukraine On the specified site you can check and the contractor's license for construction, the presence of which is mandatory.

Example of finding a construction permit.

How to check the developer - a permit for construction work Check the builder's company

After making a request to Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations, you can check the founders of the developer, its activities, whether it is declared bankrupt or has outstanding debts. To find out about the presence of debts of the developer to the state, you need to use the service State Fiscal Service.

 Example of finding a company in the registry.

How to check the developer - the register of legal entities

An important step in verification is to search in Unified state register of court decisions whether the developer sues the buyers for breaches of their obligations.

We should not forget about the reputation of the developer, the number of commissioned facilities and the number of years of activity in the market. To do this, you can use information obtained from the media or forums. However, such information may not always be true, so it should also be carefully checked.

As you can see, when checking a new building, you should take into account many factors. Of course, even the most positive conclusion on the developer - not 100% guarantee the commissioning of the object. However carrying out a legal inspection of the new building, You will know exactly all the risks of buying real estate in a particular new building.

The article is published on the site "League.net"

Andrey Gevko, lawyer, partner of the law firm Bargen

Let's help to get real estate safely

Andrey Gevko

partner of the law firm Bargen

Specializes in supporting transactions and litigation regarding real estate

The total amount of monitored transactions is more than UAH 100 million.

Bargen Law Firm

Nizhniy Val, 15, of. 603, Kyiv

mob. (097) 786 53 06

info@bargen.com.ua

© Bargen Law Firm 2018

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