What to do if you arrive at an uncompleted facility?

An uncompleted real estate object is an object that is in the process of construction and renovation, accordingly, the buyer does not yet own property rights, although he has certain obligations.

The terror of the Russian Federation extends not only to residential high-rise buildings, but also to those facilities that are under construction or renovation.

Thus, currently the least protected categories of citizens in the event of arrival are those persons who have invested their funds in residential or non-residential construction, but the facility has not yet been put into operation. Accordingly, the ownership of an apartment or non-residential premises is not formalized, and the person only has certain property rights or obligations. The builder or developer only undertakes to transfer the investment object (real estate) to them in the future, but until this happens, future owners (individuals or legal entities) cannot receive compensation under the national program “eRecovery”, because they do not yet have a real estate object, and cannot submit an application to the International Register of Losses under the category “Loss of residential or non-residential real estate”.

What to do in such a situation, said the partner of the law firm “DE-JURE”, lawyer, specialist in forensic and land law practice Artem Ripenko.

– The developer himself, depending on the terms of the contract, can make certain payments or complete the construction of the object, but this is decided individually, depending on the investment scheme, terms of the contract, etc. Unfortunately, such cases are rare. So, in fact, the only thing a person whose future property has suffered from a Russian war crime can do is submit an application to the International Register of Damages under category A3.7 “Other economic losses and losses”. This category is not yet open for submission through Diya, but will open this year.

In such a situation, the law firm “DE-JURE” is always ready to provide advice, review the contract with the developer and provide certain recommendations.