Today, something is constantly being built in our country: various shopping centers, playgrounds, new buildings and much more. Adequate level of financing is necessary for the construction of various structures. Due to the lack of stability in the money sector, many companies are sometimes forced to suspend the process for a long time. As a result, the so-called object of incomplete construction appears. Unfortunately, due to the unstable economic situation in the country, more and more such facilities appear every year. Nevertheless, companies are trying to do everything possible to bring the matter to the end and put the facility into operation.
The main factor in the freezing of construction is the lack of funds and lack of funding. Unfortunately, such situations arise quite often, regardless of the purpose for which the object of incomplete construction was intended. In this case, the building simply continues to remain in the form in which the work was stopped. However, at the same time, the building is not considered completed according to the project and cannot be real estate. For this reason, the question that remains relevant for customers is: is it possible to somehow register the construction? In this we will try to understand this review.
Key Terms
What is an object under construction? In legal activity there are practically no decisions regulating this area.
The signs by which the construction can be considered incomplete are given in the protocol of the Interdepartmental Commission of 1994:
- after the expiration of the construction of the facility;
- construction stop due to insufficient project financing.
Recognition of the right to construction in progress cannot be formalized. The legal status of the frozen building has not yet been determined. In Russia, litigation is often conducted regarding the identification of the status of a building. How then to properly execute the object of incomplete construction? Without financial resources, completion of work sometimes raises the issue of selling a structure. Indeed, in the presence of real estate status, the price increases significantly. Otherwise, you risk simply selling the object at the cost of building materials.
How to register?
In 2004, the Civil Code of the Russian Federation was amended according to which construction in progress can be attributed to real estate. This status greatly simplifies regulatory issues in this area. To correctly register the unfinished, it is necessary to carry out conservation of the object. Registration of relevant documents can significantly reduce costs. How is the conservation procedure carried out?
Object conservation
How is the conservation of a work in progress project completed? Such an order is issued by the owner or organization that financed the construction. Together with the contractor, all operations necessary for the construction are carried out. At the final stage, it is necessary to create an inventory commission. The members of this body are representatives of design and construction institutions, as well as the customer. It is necessary to draw up inventories of material and technical values, building components, and also determine the degree of readiness. After that, an Act on the suspension of construction is created and signed. This document describes information regarding the cost of the work, indicates their types and provides a list of other costs.
How is the registration of the object?
To register for the construction in progress, you need to prepare a large package of documents. In addition to the act of conservation, it includes:
- certificate of land ownership,
- an order for construction work,
- permission to conduct activities,
- estimate documentation with a detailed description of the structure and technical plan.
Is there a way to register for a home when the land is owned by the customer?
If the land was leased for permanent use, the investor must present documents confirming this fact. The acts and contracts mentioned above are a complete package for registration. After the recognition of ownership of the construction in progress is legally secured, any transaction can be made with the building, including sales. An important condition for registration is the completion of work at the construction site. If the contract for the work is still valid, then transfer the object to another owner will not work. In the case of the sale of an unfinished building, it is necessary to provide a technical plan for the construction in progress. Here the degree of readiness of the building should be determined. It is also necessary to provide a description of the property being sold and a plan for its location on the site. At the conclusion of the transaction, it is necessary to fix the cost of unfinished construction and determine its signs. A purchase and sale transaction cannot be conducted if its subject is not defined.
Tax payment
According to the existing legislation of the Russian Federation, real estate tax is paid if the finished building is considered. The construction in progress is unsuitable for use. This means that tax is not paid for unfinished structures. However, sometimes there are still cases when such objects are taxed. A striking example is the rental of an unfinished property. A similar way of disposing of property indicates that it is ready for use. Then it is transferred to the category of fixed assets, which automatically means paying taxes.
The object can be insured. And this applies not only to the building, but also to equipment under construction. Insurance may be provided by owners to protect against financial losses. This operation is performed initially. The main thing is that it should not be associated with insufficient funding for the construction in progress.
How do you write off?
There is another scenario. If a decision has been made not to complete the construction or if there is no need to register ownership of the construction in progress object, material assets can be written off. For this purpose, the owner or investor must draw up an official document on the liquidation of the structure. At the same time, a commission is created that performs all the necessary write-off procedures. First of all, you need to determine all the material values and components that can be used in the future.
You should also collect all the necessary technical documentation. After that, an act of cancellation can be created. At the same time, the purpose of the construction in progress does not affect the legal registration of the status of the building. Despite the ultimate goals of the work, in the event of a lack of funding, you can still draw up the title to the construction in progress.
Registration of ownership
Real estate in Russia is recorded at once in two bases: in the cadastral chamber and in the State Register. The latter takes into account buildings and contains information about the owners. Information on land plots is recorded in the cadastral chamber, and objects of construction in progress are also kept.To register an object with any of these accounting authorities, certain costs will be required for the preparation of a technical plan for the construction.
Object registration
To register construction in progress, you need to contact the cadastral office directly or apply through the MFC. To complete all the necessary registration steps, you will need a technical plan and passport. The deadline for documents is indicated in the receipt issued upon receipt of documents. You can register unfinished through the official portal Rosreestra. To do this, select the service in the list and enter the information requested by the system. When sending the application, an electronic version of the technical plan is attached to it. The owner of the construction in progress should apply with an identity document, technical plan and passport of the object to the local branch of the multifunctional center or Rosreestr. This service on the site will be called "registration of real estate rights."
How to sell an object under construction?
Selling real estate provides for the right to ONS. However, today there is no longer a need to issue a certificate of law. Simply submit an extract from the Unified State Register. Sale is carried out on the basis of a sales contract drawn up in accordance with general requirements. If, in addition to the object of incomplete construction, a piece of land under it is sold, it is permissible to draw up one contract. The transaction itself is registered with Rosreestr or MFC. In this case, the owner will need to pay a state duty, the amount of which today is approximately 2000 rubles.
To complete the transaction, you need to have passports and an agreement with you. To make a statement correctly, you can use the help of a registrar. After that, the owner and the buyer sign on the receipt, according to which the latter can receive an extract from the Unified State Register in his name.
Transfer of construction in progress
When transferring an unfinished structure, an act is drawn up. It is signed by all parties to the transaction. This document must be attached to the contract of sale. As a rule, the act primarily states that the buyer agrees with the technical condition of the unfinished property that he purchases and has no complaints against the seller. It also reflects the time of the transaction.
Do I need to register unfinished?
According to the current tax policy of our state, the property owner is automatically liable for the payment of property taxes. If the construction in progress is not properly registered, then it is not necessary to pay taxes on it. It is for this reason that people often enough until the last delay the moment of registration of unfinished construction.
Are there any cases where registration is mandatory? The registration procedure is necessary, for example, if we are talking about building a house on a plot allocated for a large family. If you take into account that for the construction of such a house certain periods can be set, the cadastral passport will be evidence that construction is underway on the site. The tariff today is determined by regional cost. Compared to inventory, it is much closer to market.
Without fail, the construction in progress object must have some distinctive features. One of them is the presence of a direct connection with the land. Moving in the space of a given object without damaging its integrity is impossible. After all, the foundation of a house cannot be dismantled without destruction.
Thus, it is possible to clearly distinguish between buildings, structures and objects under construction. In the past, controversial situations often arose regarding the determination of the status of trade structures and kiosks.They are installed without mounting in the ground, so they can not be attributed to the ONS.
For a long time there is no clear definition of ONS as real estate. However, today there are often cases when, through filing an application with the court, the recognition of construction projects as construction in progress. To apply, do not need to be tied to a specific territory. You can write it in any department convenient for you.
How to register the ownership of the construction in progress? Above was a complete list of documents required for this legal procedure. However, sometimes situations arise in which citizens may be denied registration of ownership. But do not despair ahead of time. In this case, there is a way to solve the problem - to file a claim with the court about the illegality of the actions. If a positive decision is made, it is worth re-applying for registration. At the same time, a court decision is attached to all documents necessary for registration.
Determine the degree of readiness
Recognition of ownership of the construction in progress object will be impossible without determining the degree of its readiness. This issue should be especially familiar to the holders of frozen apartment projects. The fact is that an apartment, by law, can become property only if an acceptance certificate has been drawn up. The law provides for the possibility of registering the right to an object of incomplete construction with a readiness of 80%.
To calculate the degree of readiness, you can use the following formula:
Cr = Ob * x * 100 / Cc
Here Cr is the degree of readiness of the building in percent, Ob is the volume of work performed in the valuation, Cc is the cost of the work in the budget in rubles.
Sometimes the degree of readiness is calculated by another formula: Cr = ∑ Beci x ci / 100. Here Cr is the degree of readiness of the object, Beci is the specific gravity of the structural element, ci is the fraction of the constructed part of a particular element, i is the serial number of the element. According to this formula, each element is assigned its own number, and also indicates the specific gravity, or, in other words, the percentage of the total amount of work. If for all elements the degree of readiness is 100%, then the construction will be recognized as fully completed.
Many today are interested in how to register ownership of apartments in an unfinished house. To do this, you must submit to the registration authority an application for the transfer of ownership, an agreement on equity participation and documents confirming the deposit of funds.
How to put ONS in operation? Upon successful completion of the construction of a residential building, the building and the construction in progress can be completed.
In this case, you must perform the following steps:
- apply to the cadastral chamber for registration of the object;
- get approval in the gas, fire and electricity supply organizations;
- pay all necessary fees;
- file an application with your local executive authority.
Conclusion
During the construction of immovable objects, there are frequent cases of suspension of work due to circumstances. Such unfinished structures are called ONS. What can be done with such real estate? In this review, we figured out how to register ownership of an asset under construction.
Until now, one cannot definitively single out the legal status of such buildings. Moreover, the lack of funds to complete the construction may lead to the need to sell the property. If he will have the status of real estate, its value will increase significantly. Upon sale, a deed of completion is completed. In this case, regulatory issues in this area are greatly simplified.