We offer to purchase housing in new building, which has already taken the state commission. Ready to give the keys provided for payment for utility services. Apartments are sold on the preliminary agreements, because the firm has not "registered home ownership. It is risky to have such a scheme? Galina.

If the house is not built, then contact the preliminary contract is very dangerous.

If you have a ready home firm can use a similar scheme to pay less taxes. Because once you get home, the main lingering risk - wait until able to register their ownership of the apartment. Without this, legally you are not the rightful owner of, not be able to formalize residence registration (residence permit), to perform any action with housing (rent, sell, etc.).

And so you could get proof of ownership, the company must first register a house in his property and then prepare you with the main contract of sale flats. However, there is a risk that these seemingly a mere formality would drag on for a long time: if it turns out that the company is the developer failed to meet obligations to any of the investment process, most often - in front of the local administration. Then do not act will be signed on the implementation of commitments under the investment contract, and without such a document builder can not register their ownership of flats and, accordingly, may not conclude the contract of sale. 'll Have to wait until the company would settle the problem with all the participants investment contract.

To avoid this "ambush" or at least reduce the risks, take the following measures:

- Try to clarify the status of new buildings in local authorities: whether any claims to the company-builder, not violated obligations related to investment contract;

- It is desirable that the preliminary agreement has been specified period during which the company will issue the ownership of the house. Must be an indication of the period when you will be awarded the main contract of sale: for example, within one month after the registration of ownership of the developer. If the preliminary agreement, such terms are not marked, then, on the one hand, this may indicate that companies already have problems with placing your home on the other hand - the developer gets rid of the liability to you, and be able to "pull the rubber" with impunity;

- If you offer to pay for an apartment in the form of purchase of a bill (it happens more often), the maturity of a bill must match at the date of registration of your ownership of the apartment.

How to calculate the cost of housing?

I have to share construction contract stated that the cost of square. m is determined by increasing the fixed cost for the quarterly index change in the estimated cost of construction, and the index is published without VAT. How then will pay the price? Do I need to take into account the VAT? Sincerely Vera.

- Treaty of equity participation in the construction is a kind of contract for services, so the cost per square meter of living space must necessarily be fixed by specifying a specific amount. No proportions, indexing, and other conditional, "floating" schemes are not allowed! So in your situation, if the world does not ureguliruete controversial issues with the developer, have to deal in court. Strictly speaking, you can even raise the question of how valid contract with such a condition ...

By the way, are not uncommon situation where at the time of putting apartments on the results of measurement of its area is greater than originally estimated and paid under the contract. In this case the surcharge is made on the conditions specified in the contract. If the contract does not envisage such a situation, the co-investors the right to refuse to pay extra.

Where to complain about a slow developer?

I have a contract for completion of building the house - the third quarter of 2006. The house has two years worth, and no communication. Developer delaying deadlines for the state commission. What can you do? Sincerely Auntie.

Customers in the following instances:

- Local authorities (district administration, city council, etc.). Recently the authorities, concerned about the problems and the mass actions affected co-investors, rather actively undertake to promote a speedy handover new buildings;

- Working Group on members share housing with the Public Chamber of Russia. Here the signals of co-investors put on the control of problematic sites, contact law enforcement, help to bring to the settlement of local authorities.

Also keep in mind that you are entitled to claim damages for delay in transfer of an apartment on the basis of paragraph 5 of Art. 28 of the Law "On Protection of Consumer Rights. This is for 3% of the value of the apartment you paid for each day of delay. However, there is a limitation: the maximum penalty can not exceed the contract price, ie pay you.