Market experts say that the equity holder can stay in the black, if the developer failed. That’s just how big of a profit, and if it works properly the mechanism get there?
Dream comes true
The provisions of the Federal law “On participation in shared construction”, better known to wide layers of Russian society just as the “law 214”, just say the following: if the developer is not conveyed to the buyer purchased an apartment in the building within two months after the date specified in the contract of participation, the latter has every right to such POS in its discretion terminate. Moreover, this process is not too complicated — to the address of the developer must send notice, in writing, after receipt of which the developer must within 20 working days to return to the equity holder not only paid them for the contract amount but also the interest on borrowed funds.
A couple of years ago, experts say the real estate market, buyers of apartments in new buildings have resorted to this scenario is rare, and preferred to wait stoically, even if the delay was more impressive. But this passivity of defrauded investors was due, by and large, only one factor — growing real estate market. In such circumstances, the developer refunded all the sums quite quickly depreciated.
Today the situation has changed dramatically. In the past two years, the cost of new buildings not only did not grow significantly, but in some cases it even fell below the level of 2014. Moreover, in the short term, due to the instability of the domestic economy and falling public interest in new residential complexes, developers can create additional problems, provoking the increase in terms of construction. Against this background, says managing partner of “Metrium Groups” Maria Litinetskaya, very high probability that investors will experience the need to terminate the contracts of equity participation.
Especially now that, say analysts, the company returned to the developer of the money is more than enough to buy a ready-made and commissioned housing, and more spacious. If not to pay attention to the timing of completion, and included in the higher category.
The correctness of this assertion “matrimony” confirmed by simple mathematical calculations.
The basis of the formula they put the price of budget apartments are put up for sale in 2014 on the stage of excavation. And then he added the amount of interest on borrowed funds, defining it in accordance with the provisions of the law № 214-FZ, as a derivative value of the object, 1/150 of the refinancing rate of the Central Bank (which, by the way, since January 1 this year and the key equal to 11%) on the day of return of money and the number of days from the moment of making the buyer whole value of the apartment (or its part) until its return.
Thus, according to the calculations of analysts “Metrium Groups”, now upon the termination of preschool Moscow interest holders may obtain of 11.05 million for “odnushku” area of 44.7 “square”, bought in 2014.
For the money, continue experts, investors can afford:
the <ul>
the <li>in the mass segment — an apartment at 76.4 square meters (+31 “square” on the area, saving 50 thousand rubles);</li>
the <li>in a business class apartment with an area of 58.3 per “square” (+13.7 per square meter, savings of 60 thousand rubles).</li>
</ul>
But if you take a chance and wait another 3 years, you can buy and elite Studio (the cost of 10.95 million rubles, an area of 34.1 square meters).
If the interest holders in 2014 bought a one-bedroom apartment (on average 61 square meter), but still did not wait for her, continue to experts, when the termination of preschool he will get now 15,63 million rubles. And is currently can buy:
in the mass segment — an apartment with an area of 95.7 square measure (up to 130 thousand rubles, the increase in the area — nearly 35 “squares”); in a business class apartment with an area of nearly 85 square meters (savings of up to 10 thousand rubles, the gain in the square — about 24 “square”).
Of course, you can pay for an elite apartment the area of 50.7 “square”, but to wait for the commissioning will have more than one year.
Accordingly, the compensation from the Builder for not handed over until the present time, three years at 85.2 per square meter of 2014, estimated “matrimoni”, can reach 20,67 million rubles. These money holders can now buy:
in the comfort-class — ready apartment with an area of 115 odd “squares”, thus saving about 200 thousand rubles; business class — ready apartment with an area of 118 already in the small square meters, and at the same time to keep the nearly 600 thousand rubles.
But by the beginning of winter in 2016 (barring extraordinary disasters and the building will not stand), can even become the owner of an elite apartment. However, its area will not exceed 73 with a small “square”, but will remain about one and a half hundred thousand.
And not true
But to sit down with a calendar at the ready, frantically calculating the days in arrears up to the minute, real estate investors still not worth it. And there are several good reasons.
First, as confess themselves “matrimony”, ovchinka not worth the candle, if two years ago to buy the apartment were attracted borrowed funds. In this case, emphasizes Maria Litinetskaya, the lion’s share of the returned funds by the developer will have to pay the creditors. While that will remain, likely not even enough for a down payment on the new mortgage, and to obtain her approval much harder than before.
In addition, experts say the issue of the developer, which without sound will give the investors every last penny, will have to look for.
As noted by the representative of the legal community Galina Feoktistova, developers very often “chemical” with the timing of transfer of flats. For example, the contracts of share participation does not prescribe the exact number, but the so-called “estimated” or “approximate” that is tied to the date of receipt of the permission to commissioning and “not guaranteed by the Builder. Of course, for the court, such clauses are not essential, but may hamper the definition of “deadline” and slow down the course of the trial.
The interest for the use of foreign Finance in the majority of cases to win in court. Their sizes are almost always contested by the legal advisers of the developer, appealing to article 333 of the civil code. So even if the calculation of the amount of such compensation the court recognized the right shows a member of the Notary chamber of St.-Petersburg Alexey Komarov, in practice, its size may be underestimated almost twice.
Finally, at the recent fourth annual conference “development: the point of the change 2016”, the Minister of construction and housing Mikhail Men said that the law № 214-FZ must once again adjust in such a way as to protect developers from unscrupulous real estate investors. Which, according to some experts favor using the courts, almost in droves elementary “make money” on the developers, podavlivaya on the latest violations of the terms of transfer of flats.
