DDU or housing cooperative - which is better? What to choose: housing cooperative or preschool building? Let's understand the differences, advantages and disadvantages. There are two ways to interact with them.

For a person who is going to buy a new apartment, the abbreviations “DDU” and “ZhSK” are most likely no longer an empty phrase. He is almost certainly aware that these are two similar, but still different, ways of purchasing housing. So how are they actually different?

In this article we will try to understand everything in detail, find out the similarities and differences between DDU and housing cooperatives and confirm (or refute!) the established opinion about which of these options is preferable. So that the abstract character described at the beginning has absolutely no questions left on this topic.

For a general understanding, let's start with brief definitions. Means, “DDU” stands for “share participation agreement”. It is concluded between the developer and the shareholder. The first promises the second to build an apartment building on a certain plot of land within a certain period of time and transfer it for use, and the second agrees to invest money in this construction. A " ZhSK means “housing and construction cooperative”. This is a voluntary association of people for the construction of a residential facility. A member of such an association is no longer a shareholder, but a shareholder.

Housing cooperatives gained popularity back in the USSR. When the urban population increased after the war, the authorities, in order to deal with the housing issue (which, according to the character in “The Master and Margarita,” had spoiled people), allowed the creation of housing construction cooperatives. Although housing was created at the expense of shareholders, and many of them also personally took part in construction, the state also contributed to the development of housing cooperatives - it issued large loans, allowed them not to be repaid for a long time, and provided various benefits.

The saga with Soviet housing cooperatives continued until the very end of the last century. Back in the early 1980s, the simultaneous construction of approximately 80 thousand cooperative apartment buildings began - naturally, it dragged on, and some shareholders had to wait almost twenty years for their new home. But now, although both the concept of housing cooperatives (it is also mentioned in the Housing Code of the Russian Federation) and the housing cooperatives of Soviet times have been preserved, the housing construction cooperatives themselves have changed their form.

Housing cooperatives as a remedy for long-term construction

Housing cooperatives are created independently only by deceived participants in shared-equity construction, who dream of quickly finishing unfinished housing, even if on their own. And since, unfortunately, without someone’s support (for example, the state or a large developer), creating a certain circle of interests with like-minded people, it will not be possible to build an apartment building, most often housing cooperatives are organized by developers. Moreover, they do this not at all for the convenience of buyers, but only to attract their funds.

It is not surprising that if you check the numbers, it will become clear: the housing cooperative is in fact no longer a competitor to the DDU. Equity participation agreements are concluded everywhere and are not offered in rare, even exceptional, residential complexes with peculiarities in construction (for example, if the residential complex is not being built from scratch, but is being reconstructed, it is simply impossible to conclude an equity participation agreement by law). Therefore, the percentage of use of DDU during construction in Moscow is above 60, and housing cooperatives - about 10. At the same time, in the more prestigious segments of real estate, this difference only increases: DDU is becoming more and more popular, and housing cooperatives - on the contrary.

There are many reasons for this popularity of preschool education (as well as, of course, for the unpopularity of housing cooperatives). And, in general, they all consist purely in the difference between these two methods of purchasing housing. Let's try to list everything and not forget a single one.

Documents regulating the construction process

Control of relations between the shareholder and the developer is carried out according to Federal Law 214, and relations within the housing construction cooperative are carried out according to documents (for example, the charter) of the same organization. Obviously, the first one is easier to rely on than the second one: it is both accepted at a higher level and has been studied for a long time by everyone. So we give this point to DDU.

State registration of documents

The state also deals with the registration of the share participation document, which, most often, is paid and, at the same time, always mandatory. There is no need to register an agreement with a housing cooperative with Rosreestr, but don’t rush to rejoice about it. Firstly, you will most likely have to pay some kind of membership fee. Secondly, this will put you at risk of double sales: when concluding and registering a DDU, this is impossible, since Rosreestr will not register the same document twice. And even if an unscrupulous developer sells your apartment to someone else, bypassing Rosreestr, they won’t even look into it in court and will definitely take your side. Therefore, despite the fact that those who advocate housing cooperatives attract us with their simplicity and speed, we will again give preference to public housing cooperatives. It may take longer and be more expensive, but it is safer.

Unscrupulous developer

If the developer breaks his promises, deceives shareholders and stops construction, he will be held accountable for this to the fullest extent of the law. Either the shareholder will get back all the funds he invested plus a penalty, or the state will take control of the completion of construction.

It will be much more difficult to get money back from housing cooperatives, because whether to return them at all will be determined not by the legislation, but by the cooperative itself. However, for a deceived person, by and large, it is not so important who deceives him and how - and if the developer wants to do it from the very beginning, he will do it.

The option with the DDU is also not ideal: the developer may declare himself bankrupt, so that it will be impossible to get money from him, the construction will drag on for the entire time that they will be looking for a new contractor...

In general, if possible, do not deal with unscrupulous developers - neither in shared construction, nor in housing cooperatives.

Consumers and members of a voluntary association

Another law that will help the shareholder in case of emergency is the Law on the Protection of Consumer Rights. For shareholders who are participants in a voluntary association, it is useless because it simply does not apply to them. Shareholders, as consumers, will be able to demand from the developer proper fulfillment of obligations if they are dissatisfied with something. Members of the housing cooperative will not be able to do this.

Mortgage

With shared participation in construction, there is state support for the mortgage rate, and the number of banks that provide mortgages is much greater than with housing cooperatives. The advantage of preschool building is not only the possibility of a wider choice, this situation itself is another confirmation of the greater reliability of shared construction.

First commitments

If a developer is going to attract the first shareholders to his project, this means that he has already chosen a site for construction, received it as ownership (or for rent), and also received a construction permit and registered all rights to the future property. If a developer attracts clients to a housing construction cooperative, he most likely has not done all this yet. With housing cooperatives, the developer is not even obliged to publish a project declaration - by participating in shared construction, you will at least be able to monitor how the project changes in the process of being translated into reality.

Determining apartment parameters

After reading the share participation agreement, you will have a rough idea of ​​your future apartment, and you will also know exactly how much it will cost you. Of course, it happens that during the construction process some problems occur, the apartment may become smaller or larger by a couple of square meters, but usually the developer is ready to compensate for this somehow. The housing construction cooperative immediately prepares participants that the price of an apartment may increase during the construction process. That is, you will pay for everything, and then they will tell you that problems have arisen at the construction site (an economic crisis, unfavorable weather conditions, a foreman who has gone on a binge - does it really matter what this happens?) and therefore you need to pay extra. Another absolute advantage of DDU over housing cooperatives.

Determining deadlines

The share participation agreement also specifies the exact deadlines for the delivery of the object - when the developer will transfer it to the shareholder. If the developer cannot agree to postpone the completion date and fails, he will be forced to pay a fine. If the terms do not comply with the original agreements, you can simply terminate the DDU and get the money back. And with a housing cooperative, the developer has the right not to simply specify the completion date of the work in the contract, so as not to be held responsible for missing deadlines. So if you are not ready to wait indefinitely for a new home, carefully read the contract - and, preferably, a shared participation agreement.

Guarantee

The above-mentioned Federal Law No. 214 gives a five-year guarantee for new buildings. That is, if something breaks in your apartment or in the entrance because it was initially poorly and poorly done, the developer will be forced to repair everything himself. It is clear that he is unlikely to be happy about this and is unlikely to rush, but repairs are guaranteed to you in any case. It’s not the same with housing cooperatives: even if you identify obvious construction defects, the developer does not undertake to correct them.

All of the listed comparative characteristics show us the clear leader in this battle - this is DDU. However, for greater objectivity, we will name a couple of points in which housing cooperatives are still preferable.

Installment plan

Interest holders are provided with installment plans only until the completion of construction; in Moscow and the Moscow region it is only for two years. At the same time, members of the housing cooperative can extend it for a longer period, including after the delivery of the house.

Management Company

If you have entered into a contractual agreement, be prepared that the developer will assign you a management company, and changing it will not be so easy. If you are a member of a housing cooperative, then you don’t even need to look for a management company, because you (or other members of the housing cooperative you choose) will manage the house yourself.

Summing up the results of this competition, I would like to call DDU the winner. This method of purchasing a home is rightfully popular. But the presence of housing cooperatives on the market (albeit changed, outdated and not very adapted to modern times) is good in itself, as a fact. Because as a result of normal competition, someone will definitely win. This is the client.

To sell apartments in new buildings, developers often use two legal schemes: drawing up an agreement (DDU) or selling through a housing construction cooperative (HBC). Let's talk in the article about what features and differences the housing cooperative and public housing cooperative agreements have.

With the help of an equity participation agreement, developers attract funds from citizens. The essence of the DDU is investing money in the construction of a specific apartment. The contract stipulates the area of ​​future housing, floor location, layout and cost.

The DDU participant is not considered a partner of the developer. The shareholder risks practically nothing and his interests are protected by law if the contract is drawn up legally.

A DDU is an agreement that is subject to registration. Government authorities check the legitimacy of the document, study the developer’s data and his reasons for concluding such agreements.

If for some reason the developer is unable to fulfill his obligations under the DDU and this leads to termination of the transaction, all invested funds are returned to the shareholder. In addition, he will additionally receive a penalty (1/150 of the refinancing rate).

What basic information does the contract contain?

1. Characteristics, location and other data about the construction site and the subject of the contract. Thus, the footage of the future living space, the location of the apartment on the floor, as well as the qualities that it must meet at the time of handing over the keys to the shareholder must be specified.
2. The specific date when construction of the facility will be completed. If the developer is late, penalties will be imposed on him.
3. The cost of the subject of the contract. The DDU specifies the final price of the apartment, as well as the methods and period for making payments for it.
4. Warranties for the facility and utilities.
5. List of documentation on the basis of which the construction of the facility is carried out.
6. Rights and obligations of the parties to the DDU.

It is very important to distinguish between the main contract and the preliminary one. According to the latter, the shareholder has practically no protection from the law, since the preliminary DDU is not registered with government agencies and is not regulated by the provisions of Federal Law No. 124.

What is a housing construction cooperative?

The second way to purchase housing in a new building is to join a housing construction cooperative and obtain the status of a shareholder. The housing cooperative agreement is not registered with government agencies.

Citizens unite in housing construction cooperatives to build a specific facility. It is believed that joining a housing cooperative is accompanied by greater risks than concluding a shared agreement with a construction company.

Participation in housing cooperatives is financially more profitable. Citizens can contribute their share from their own savings or from credit funds.

Shareholders make payments to the cooperative fund throughout the year, paying half the cost of housing. The remaining amount will need to be paid in installments. The term for payment of the full cost of the apartment is determined in the contract and can vary between 5-20 years.

According to the housing cooperative agreement, a citizen who has a share in the fund cannot dispose of an apartment in a new building at his own discretion until he pays the full amount for housing. The ownership of such an apartment is registered on the basis of a document received from the housing cooperative.

DDU or housing cooperative agreement: what to choose?

For many citizens, these two schemes are the only options for purchasing housing, since apartment prices are quite high these days. What to choose? Let's look at seven main differences between the DDU and housing cooperative agreements.

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1. Registration procedure. The DDU has no legal force without passing the registration procedure with Rosreestr. Joining a housing cooperative, on the contrary, does not require registration, so the shareholder in this case is less protected by law.
2. The final price of living space. The cost of an apartment according to the DDU is final and cannot be changed. In the case of housing cooperatives, it is possible that the price may increase due to additional expenses that may arise during the construction process.
3. Setting deadlines. The DDU specifies specific dates when the facility will be completed and put into operation. In the documentation drawn up after joining the housing cooperative, specific dates are not indicated.
4. "Transparency" of papers. All data about the construction company and the property when registering the DDU is absolutely open and anyone has access to it. In addition, the developer is obliged to attach permitting documentation and a technical plan to the contract. In the case of housing cooperatives, the construction organization does not have such an obligation. The shareholder may require documents, but there is no guarantee that he will see them.
5. Termination of the deal. If the DDU is terminated, the shareholder is returned the entire amount paid by him and the penalty. When the contract with the housing cooperative is terminated, the shareholder can only count on part of the money paid.
6. Installment terms. Under the DDU, the shareholder has the opportunity to pay the cost of the apartment without increasing factors. The housing cooperative, in turn, issues loans to shareholders for half the cost of housing at interest.
7. Installment payment terms. When registering a DDU, the shareholder is obliged to pay the entire amount for the apartment by the date of completion of construction. Housing cooperatives have more convenient conditions - you can pay the cost of housing while already living in it.

As can be seen from these points, registration of a pre-employment contract is accompanied by fewer risks. However, the agreement may be suddenly terminated by government authorities if violations are discovered during the development process. Even despite this and the fact that the cost of the apartment must be paid by the date of completion of construction, DDUs account for about 55% of housing under construction.

By concluding an agreement with a housing cooperative, a shareholder can purchase an apartment at a lower cost, since the final price does not include 18% VAT. Moreover, the contract is concluded not until the completion of construction and commissioning of the house, but for a longer period (up to 20 years). Housing cooperatives are characterized by lower reliability, but significantly cheaper housing. This method of purchasing an apartment accounts for up to 35% of new buildings.

Let's look at the pros and cons of housing cooperatives and public housing cooperatives in a comparative table.

Participation agreement	DDU is registered in Rosreestr. The cost of the apartment is fixed. The construction company pays high fines if deadlines are missed. The shareholder receives guarantees for the property and communications.	The shareholder is obliged to pay the entire amount by the time construction is completed. The developer himself chooses the management company; the opinion of the shareholders is not taken into account.
Housing and construction cooperative	Installment plan for up to 20 years. Housing is 18% cheaper. Management of the house is transferred to the housing cooperative.	Possibility of fraud with “double” sale of apartments. The shareholder has no legal protection. The developer is not required to provide documentation. The cost of the apartment is not fixed. If the contract is terminated, the shareholder receives only part of the money back.

Each citizen determines the most convenient way to purchase an apartment for himself. We recommend that you consult with a lawyer before joining a housing cooperative or entering into a private partnership agreement.

The safest scheme for purchasing apartments in new buildings is signing a DDU, or equity participation agreement. The norm, which is regulated by Federal Law No. 214, protects the buyer from double sales and gives a better chance of getting a profitable mortgage. However, you can buy an apartment in Moscow using DDU only in 60% of new buildings. What sales schemes do other developers use? And why do they choose them?

In addition to the equity participation agreement, two more schemes for selling apartments are considered legal: joining a housing construction cooperative (HBC) and purchasing a housing certificate. The choice of a particular scheme by the developer is determined by the circumstances. Important: you can enter into a contractual agreement with co-investors when the work is already underway and there is a construction permit. The funds of the shareholders are directed to a specific object, permitting documents guarantee that the construction is legal and that the project has passed all approvals and examinations. But issuing a building permit is a complex and often delayed process, so many companies prefer to open housing sales without yet receiving the document. In addition, the DDU to some extent “ties the hands” of development companies, and this situation is not suitable for everyone.

In addition, each equity participation agreement must be registered with Rosreestr. And this procedure also takes time. As a result, the shareholder’s money gets stuck on the way to the developer, who is forced to look for other sources of construction financing. Therefore, companies resort to other sales schemes. Let's talk briefly about the advantages and disadvantages of each of them.

DDU: the developer’s liability is regulated

DDU is a scheme that best protects the rights of the buyer. Sales by DDU confirm that the project has been approved by all authorities. If the developer fails to complete the task, the shareholder can terminate the contract and claim a refund and a penalty.

pros: mandatory state registration. Guaranteed protection against double sales. Opportunity to take out a profitable mortgage (banks regard new buildings with sales under DDU as low-risk objects and are willing to lend to them).

Minuses: You cannot apply for installment plans for the period after construction is completed. DDU does not guarantee that the project will be completed. Such an agreement does not protect against violation of construction deadlines.

Housing cooperative: more freedom - less guarantees

Another legitimate scheme for the sale of apartments, provided for by 214-FZ. About 5-6% of new buildings in Moscow and the Moscow region are sold through housing cooperatives. The scheme is popular with large developers (PIK Group, Vedis Group) and has proven its viability in the real estate market.

pros: The register of shareholders protects against double sales. Possibility of long-term installments (even after putting the house into operation). The ability to influence the progress of construction (for example, to complete a house on your own in the event of bankruptcy of the developer).

Minuses: the agreement is not subject to state registration. Ownership is registered only after full payment of the share. Compliance with construction deadlines is not monitored. The developer cannot be held liable in case of violation of agreements.

Certificates: almost never used

The developer issues securities (certificates), the denomination of each of which corresponds to the price of the apartment. The developer undertakes to transfer the apartment to the certificate holder later.

pros: The developer must register the title to the land and obtain a building permit. The state controls the activities of the developer as a participant in the financial market.

Minuses: in general, it is inconvenient for both the developer and the buyer, so the scheme is used extremely rarely.

Gray schemes for selling housing

They are used along with legal sales mechanisms. The most popular is the conclusion of a preliminary purchase and sale agreement. This in itself is not a violation of the law, but it has nothing to do with legitimate real estate sales schemes. The rights of the buyer in this situation are not protected at all, since the preliminary agreement only records the intentions of both parties, but does not oblige them to carry out what is planned. That is, such an agreement does not oblige the developer to transfer the housing into ownership of the buyer. In this case, the equity holder transfers to the developer an amount that is considered a “security payment”. The shareholder has neither the right to claim the apartment nor the opportunity to prove the fact of investment if the developer does not transfer the property. In case of unfinished construction, the buyer will only be able to return the security deposit.

Neither the preliminary purchase and sale agreement (PDPA) nor the so-called preliminary DDU actually have anything to do with 214-FZ and are not registered with the Registration Chamber. And at the same time, no one can stop an unscrupulous developer from selling one apartment several times.

Realtors' opinion

Real estate agencies prefer to sell those new buildings that are sold under 214-FZ. The optimal option for Moscow realtors is the DDU, because this scheme is transparent, understandable to the buyer and clearly regulated by law. It is the easiest for agencies to work with. Also among the favorites are sales through housing cooperatives. Although in the case of cooperatives, developers themselves become sales organizers and most often sell apartments on their own, without the involvement of real estate agencies.

But the realtors themselves clarify that in the end, when deciding whether to work with a developer or not, not only the scheme for selling apartments is important, but also the agency’s margin, the portfolio of projects for sale, and exclusive rights to sell.

Publication date October 28, 2013

You can purchase an apartment by signing an agreement with the DDU or with a housing cooperative, the differences between which are regulated by laws No. 214, No. 215, approved at the federal level in 2004.

Ways to buy a home

An equity participation agreement (DPA) implies that the customer invests his own money and has the right to subsequently demand an apartment from the developer in the amount of paid square meters.

Concluding an agreement with a housing construction cooperative (HBC) is a more risky method, since the money contributed is a share payment for membership in this cooperative and does not guarantee the receipt of an apartment in it as a result of the completion of construction.

Agreements with housing cooperatives or public housing cooperatives have the only similarity - the desire of the citizens who signed them to obtain ownership of an apartment.

Characteristic features of contracts

The significant difference between an agreement with a housing cooperative and a DDU lies in the consequences that occur after its signing: joining a randomly selected cooperative increases the risk of a shareholder becoming a victim of a fraudulent scheme. These agreements differ in other ways:

Shareholder's agreement	Shareholder agreement
Regulated by Federal Law No. 214	Regulated by Federal Law No. 215
Must be registered with the FS GRKK	Registration in the FS GRKK only after putting the house into operation
The cost per square meter does not change	Possible increase in the cost of the apartment
Established start and end dates for construction	The construction time frame is not clearly defined
Legal liability for failure to meet deadlines for delivery of a residential building	The law does not provide for punishment for violation of construction deadlines.
Purchasing an apartment in installments is possible only until the residential building is put into operation	Installment payments are provided by law for a period that does not depend on the stage of construction of a residential property

Important! The signing of additional agreements that do not comply with the terms of the main equity participation agreement is not mandatory. Before concluding an agreement with a housing cooperative, you should make sure that the developer has written down a clause that excludes the possibility of increasing the cost of 1 m2.

Features of equity and share construction

The pros and cons of purchasing housing as a shareholder or shareholder are as follows:

Registration of an agreement with Rosreestr before the start of construction is a lengthy process, but excludes the possibility of selling one apartment into the hands of several shareholders. The presence of two or more owners is not uncommon when making a transaction through housing cooperatives.

The final price per 1 m2 from the shareholder does not differ from the initial one, but exceeds the cost of an apartment of the same area owned by a member of the cooperative.

Having set a price for 1 m2, the developer does not have the right to change it under the terms of shared construction. A proposal on his part to sign an additional agreement, which provides for an increase in the price of 1 m2, may be rejected by the shareholder on legal grounds. Moreover, in such a situation, the person who signed the DDU has the right to demand termination of the main contract, return of funds already paid and payment of a penalty.

According to the terms of the agreement with the housing cooperative, its chairman can increase the price per 1 m2 at any stage of the construction of the house by agreement with the other members of the housing cooperative.

Violation of the deadlines for putting the house into operation is financially unprofitable for the developer when signing the DDU, since this gives the shareholder the right to demand payment of a penalty for each day of delay. The law provides for only 2 months beyond the agreed period under the contract, during which the developer is obliged to resolve all legal issues and provide the owners with their apartments. Signing an additional agreement to extend the deadline for handing over the house is the right of the shareholder, and not his obligation.

In this matter, equity participation is better than joining a housing cooperative, since the agreement with the housing cooperative does not stipulate clear dates for the start and completion of the construction of the house. Accordingly, the developer also does not incur financial costs in the form of penalties.

The difference between a shareholder and a shareholder also lies in the fact that good building cooperatives provide their members with installment plans, which do not depend on whether the house has been delivered or is under construction. The shareholder is limited in this right and is obliged to pay the entire amount upon completion of construction work.

At the time of the start of construction of an apartment building according to the DDU, the project was approved and all permitting documentation was received. This is a guarantee that when the house is put into operation, the number of storeys and the presence/absence of extensions will correspond to the initially stated conditions.

What the cooperative house will be like is decided by its members by voting. However, if it is necessary to attract additional shareholders, the house may end up being one floor higher or one staircase larger than was originally agreed upon.

The share agreement clearly defines the mandatory conditions for its termination and return of funds, which makes it difficult for the shareholder to terminate relations with the developer. When signing an agreement with a housing cooperative, other pitfalls arise: the resale of such property is burdensome, as it forces the new owner to join the cooperative.

Before receiving a certificate of ownership, a control measurement of the apartment must be carried out with the participation of a BTI employee. In the case of a shareholder, additional square meters must be paid by him without fail.

If you receive an apartment under a shared agreement, then if there are differences in the paid and received square meters, it is possible:

• declare a refusal to obtain ownership rights to this housing with a further demand for payment of a penalty;
• pay extra for extra square meters and also demand payment of a penalty;
• point out to the developer the mistakes made during construction and demand that the cost of the apartment be reduced so that the difference in amounts is equal.

Before signing a contract for shared construction of a residential building, it is important that:

the form contained all the information about the developer, which is better to check;

the agreement was called solely “Equity Participation Agreement”;

it stated the month and year of delivery of the object;

the text of the document contained details characterizing the construction project: the number of floors, the area occupied by the building, the total and residential footage of the apartment;

a clause was provided defining the developer’s warranty obligations;

the amount of the agreement was indicated not only in numbers, but also in words.

Both the contract that is signed with the housing construction cooperative and the cooperative itself should be carefully studied. Important information is:

its details, which will help you find out about other controlled objects, the results of the cooperative’s work and its participants directly;

the number of objects that the chairman manages simultaneously: the more there are, the higher the risks;

the cooperative is in a state of financial recovery or on the verge of bankruptcy;

whether he has permission to carry out construction work on this territory;

complete information about the land plot for construction;

characteristics of the object: number of floors, square footage of the apartment;

the amount of the monthly contribution for the maintenance of the cooperative;

consequences for the shareholder if construction is not completed.

At any stage, a transition from a share agreement to a share agreement is possible, the main reason for which, in most cases, is the bankruptcy of the developer company. Leaving the cooperative and concluding a DDU for the same object is extremely rare.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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