Practice of recognizing the right of ownership of apartments in new buildings through the courts. Recently become particularly topical issues of recognition of property rights in an apartment across the court. Construction of new buildings to actively conducted, despite the crisis, all the new sites are commissioned, and the number of permits that are necessary to get the developer has not decreased. By some estimates the number of signatures that must be collected only for the start of construction of more than 300. In this regard, the majority of houses constructed with a deliberate violation of the order of construction, with inconsistent approvals. As a consequence, after the construction contractor may not issue title to the new building or for themselves, not for citizens who have invested in building their own funds. Office of the Federal Registration Service that region has denied the appeal on the developer's registration of ownership of flats and from that moment, as a rule, begin a long litigation between the builder, the local administration, Office of the Federal Registration Service.
The subject of these lawsuits is the land allocated for construction violations, agreement that the local administration that is provided, or not given, etc. And in this situation, paradoxically, are the most extreme interest holders – the citizens who have put their many years of accumulated funds to purchase a corner of their homes, which is the fault of the developer, and administration our imperfect legislation and its gone. It would seem that the situation is hopeless, but experts PB "YURISTOKRAT" offer a solution – a way out of this impasse with the registration of ownership of the apartment. The problem can be solved by filing a claim in court for recognition of ownership of an apartment across the court. Before filing a claim are encouraged to claim the developer. The claim must be require registration of ownership of referring to the contractual terms, or to provide a package of documents for registration, depending on the wording of your contract. In the statement sets out all the actual circumstances, the inability to registration of ownership of the fault of the developer, builder obligations under the contract, which you have signed with them – investment, soinvestitsionny, interest, assignment of rights requirements, a preliminary contract of sale, etc. The court must properly justify its position with reference to legal norms.
Knowledge of civil law, the rules of the Civil Code of the Russian Federation on which you basing the claim, the ability to provide prompt clarification of the law is mandatory. Only under this condition, the court will make a positive decision on your claim, under which it will be possible register your ownership at the Office of the Federal Registration Service. Registration of title to an apartment in the Office of the Federal Registration Service has the time 1 (one) month and is the last necessary step before obtaining a certificate for ownership of the apartment. The said document will be the primary document that certifies the registration of your ownership rights in the Single State Register of Rights to Real Estate and Transactions (EGRP). BP has a long YURISTOKRAT gained practice in many new buildings in Moscow and Moscow region for the recognition of property rights to the apartment through court. We recommend that you contact the professionals -. Sincerely, CEO of BP 'YURISTOKRAT' Prikhodina Sergey