The developer refuses to sign the apartment transfer acceptance certificate - what to do?

Acceptance and transfer certificate of a residential building and land plot

When concluding real estate contracts, due attention is not always paid to the preparation of documents confirming the actual execution of transactions. The parties to the agreement believe that in order to alienate real estate they only need to sign an agreement on this. In fact, such transactions, in order to avoid controversial issues in the future, require official confirmation of their completion and the drawing up of acts of acceptance and transfer of real estate.

Even if an act is drawn up for some contracts, it often contains errors, the information is not presented in full, or there are significant comments on its execution (lack of signature of one party, seal). What importance is attached to the act of acceptance and transfer in real estate contracts? By what rules should it be drawn up?

What is an act of acceptance and transfer of a house with a land plot?

How will it be possible to confirm that the transaction in relation to the property took place and was actually executed by the parties? For these purposes, draw up an act of acceptance and transfer. This document is part of the contract. It is signed by the seller and the buyer. Usually, when transferring ownership between legal entities or from them to citizens, such acts are drawn up without fail.

For example, upon completion of the construction of a multi-storey residential building, its transfer is formalized between legal entities. For this purpose, a special commission is created that checks compliance with all construction standards and signs it if there are no comments.

The act is also drawn up when transferring real estate under transactions from one legal entity to another.

It is part of the agreement signed between them and is drawn up as an annex to it. Each party to the transaction receives its own copy of the agreement and the act attached to it, which it needs to register the newly arisen ownership of the purchased property.

When filling out the act, all characteristics of the transferred object, its area, existing outbuildings, wall material, number of floors, rooms and their purpose are indicated. When registering transactions with a residential building and the land plot on which it is located, it is recommended to draw up a similar act. It is signed by the seller and the buyer along with the real estate alienation agreement.

Some agreements provide for the need for the parties to sign such an act and stipulate that this is a mandatory annex to the transaction. Indeed, if the contract is contested, the house and plot must be returned to the seller.

So that he does not have any claims against the buyer regarding the improper condition of the real estate, it should be reflected in the acts that the transfer was made and no comments arose from the parties.

Otherwise, an unscrupulous seller may claim that the house has received defects or damage during your use.

And you will have to take part in numerous court hearings as a defendant. It is possible that the court will recognize the plaintiff’s claims as justified and you will compensate for the losses indicated in the statement of claim. Having an act will protect you from such troubles.

Why do you need an act of acceptance and transfer of a house with a land plot?

The act of acceptance and transfer means the actual transfer of the property being sold from the seller to the buyer. We are also talking about the transfer of all title documents for the subject of the contract.

The significance of the act lies in the fact that this document necessarily reflects the fact that the buyer has no complaints about the condition of the object he purchased and accepts it without comments.

As you know, ownership of real estate arises only from the moment the transaction is registered in Rosreestr. For registration, in addition to the contract, submit an act, which is part of it and is drawn up as an appendix. Based on these documents, the change of ownership of this property will be registered.

Certificate of acceptance of transfer of a residential building and land plot: sample 2021

However, if the document does not indicate the defects of the land plot or house, the seller is responsible for them even after signing. Taking this aspect into account, the transfer and acceptance act becomes an integral part of all real estate transactions, forming the legal basis for the parties’ claims against each other.

It is mandatory to draw up a deed for the purchase and sale of real estate. Drawing up a contract implies that the buyer knows about all the shortcomings of the house or land being purchased. In accordance with the terms of sale, the seller must inform him about this.

When is it necessary to draw up an act of acceptance and transfer of a house with a land plot?

Any real estate transaction requires the signing of a document by the parties indicating the transfer by the seller of the sold property and its acceptance by the buyer.

Such cases include concluding transactions:

  • sale of any real estate, including land;
  • donation of any property;
  • rental of property;
  • transferring it for indefinite use.

The law requires the parties to draw up a deed of transfer within a reasonable time. What is meant by this term and what period of time is considered reasonable in a particular case is determined by the seller and the buyer independently by mutual agreement.

Often it is signed simultaneously with the agreement on the alienation of real estate and is drawn up as an annex to it.

Draw it up in several copies so that each party to the contract has it. To register with Rosreestr you will also need another copy of it. Do not transfer the property to the buyer without this deed.

After all, when making a transaction, it is necessary to record that the subject of the contract was transferred by you in proper condition and the buyer has no comments about it. Be sure to include this information in the act. The requirements for drawing up the act are the same as for the contract. It is signed by both parties to the transaction and sealed (if the parties to the transaction are legal entities).

How to draw up an act of acceptance and transfer of a house and land plot

The best option to confirm that the parties to the contract have fulfilled their obligations is to sign a transfer and acceptance certificate of real estate directly at its location. In this case, the presence of the parties who signed the agreement is mandatory, because they will have to transfer or accept the property and sign this document.

Make sure that the contract contains a complete description of the residential building with all its extensions, the number of rooms and utility rooms, floors, stairs, and their area.

Next, enter into the act the characteristics of the land plot: its unique cadastral number, area, address and its intended purpose. They are necessary so that each object can be individualized during transfer. The buyer accepts them as described, checks their availability, compliance of the actual technical characteristics with those indicated in the documents, and the condition of the subject of the transaction. If there are any comments, please reflect them in the act.

Transfer deed to the land purchase and sale agreement.

How to draw up a purchase and sale agreement for a summer cottage, read here.

For a sample land purchase and sale agreement, see the link:

What should be the content of the act? What information is reflected in it?

Make sure that the act indicates:

  • the name, date and number of the agreement on the basis of which it is drawn up and of which it is an annex;
  • information about the seller and buyer (their names, addresses and their passport details). For legal entities, enter their name and full details;
  • characteristics of the transferred property. If the subject of the transaction is a land plot, then its location, area, intended purpose, its boundaries and cost.

Sign the deed and indicate the date of its execution. Legal entities affix the signatures of their representatives with seals.

Laws protecting the rights of shareholders

The procedure for accepting an apartment in a new building is legally significant , which means that its provisions are clearly regulated by the legislative norms of the Russian Federation. According to the Civil Code of the Russian Federation, transactions for the acquisition of real estate must be accompanied by the preparation of a number of documents, including a purchase and sale agreement and an apartment acceptance certificate.


If the subject of the transaction is an apartment in a new building, the act must be drawn up in the format of a separate document; it cannot be included in the purchase and sale agreement.

Federal Law No. 214 of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate” also speaks about the need for this document. It states that shareholders are obliged to accept the object no later than seven days from the date of completion of construction.

Also, the need to draw up an acceptance certificate is indirectly indicated by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.” A real estate purchase transaction must be registered with Rosreestr, and the deed is one of the documents necessary for this. The purchase of an apartment is also subject to the Federal Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/29/2018) “On the Protection of Consumer Rights”.

Sample act of acceptance and transfer of a house with a land plot

There is no strictly approved form of the transfer deed in the regulatory documents. It will be possible to use the model approved by the Federal State Statistics Service in 2003.

Please adhere to the following guidelines when compiling this document:

  • in its preamble, indicate the name of the document and full information about the persons signing it: their names, addresses, passport details, details of the legal entity. Reflect that the act is signed by the parties without any pressure on them, on a voluntary basis;
  • indicate on the basis of which agreement (date and number) it is drawn up and give a full description of the land plot: its location, area, cadastral number, category of land and its intended purpose;
  • list all title documents for the site transferred to the buyer and describe the condition of the subject of the transaction;
  • if the buyer has complaints, then they should be reflected or written that the item was delivered in good condition;
  • write how many copies of the act have been drawn up and to whom they were handed over. Usually each participant in the transaction receives them;
  • sign the deed and date it.

Drawing up an act of acceptance and transfer of land with a house

Thus, the deed of acceptance of a land plot itself represents a statement of the key points of the main agreement, and the signatures indicated on this document indicate that the parties actually completed the transaction on the established terms.

  1. Preamble. The full name of the document, information about the persons participating in the transaction, a legal reference to the norms from the Civil Code, as well as a statement about the complete absence of any impact are indicated here.
  2. Description of the land plot. The exact registration address and location of the territory, individual cadastral number, area, as well as the date and number of the registered sale and purchase agreement.
  3. Confirmation that the land plot has been provided along with all the necessary technical and title documentation. This paragraph also provides a detailed description of the condition of the site at the time of its transfer.
  4. Indication of claims or lack thereof.
  5. The total number of copies of the document compiled, as well as the list of persons with whom they will be stored.
  6. Signatures of the parties with mandatory decoding.

Documents for drawing up an act of acceptance and transfer of a house with a land plot

The transfer of the subject of the contract from its owner to the buyer is accompanied by the simultaneous transfer of documents for it.

They are:

  • cadastral plan;
  • boundary plan.

Before signing the deed, carefully read all the documents for the land plot again and make sure that there are no contradictions in them and they are drawn up in accordance with all the rules.

It will not be superfluous if you ask the seller to provide the following documents:

  • about the absence of tax debts on it at the time of signing the transaction;
  • whether the seller has the authority to sign the contract;
  • about the absence of other co-owners of the site;
  • about the absence of restrictions on the disposal of land: that no one has imposed a ban on its alienation on this plot and it is not in collateral.

The deed is usually drawn up and signed along with the contract after all monetary settlements have been completed.

Sample transfer and acceptance certificate for a residential building

Citizen (s) ___________________________________, residing (full full name) at the address: _________________________________________________________, (full address) passport series _____________ N ________________, issued “___” ___________ 20__ ____________________________________________________________, code (name of issuing authority) division ______, acting on its own behalf, hereinafter referred to as the “Seller”, on the one hand, and citizen ______________________________________ residing at _____________________________________________, (full address) passport series _____________ N ________________, issued “___ » __________ 20__ ____________________________________________________________, subdivision code (name of the issuing authority)________, acting on its own behalf, hereinafter referred to as the “Buyer”, on the other hand, being parties to the Agreement for the sale and purchase of a land plot and a residential building located on it, hereinafter collectively referred to as “Real Estate”, located at the address:_________________________________________, (indicate the exact address at which the real estate is located), guided by Article 556 of the Civil Code of the Russian Federation, have drawn up this deed of transfer as follows:

1. The Seller, in accordance with the purchase and sale agreement dated December 5, 2021, sold to the Buyer a 1/3 (one third) share in the right of common shared ownership of a residential building with outbuildings, consisting of a main log building, conditional No. 4763:837377:838 :382, total area of ​​residential premises is 140 (one hundred and forty) sq.m., including residential 111 (one hundred and eleven) sq.m., inventory No. 73662, letters: “A” (residential building), “a” (veranda) , “a1” (veranda), “G” (barn), “G1” (barn), “G2” (restroom), “G3” (restroom), “G4” (barn), “G5” (garage), No. 1 (fence), and 1/3 (one third) share in the right of common shared ownership of a land plot with a total area of ​​2500 (two thousand five hundred) square meters, with cadastral number 735:838277:8387:83, land category: settlement lands provided for individual housing construction, located at the address: Moscow region, Odintsovo district, Nazarevsky rural district, Tagankovo ​​village, house 15 (fifteen). The Buyer accepted from the Seller the specified 1/3 (one third) share of a residential building with outbuildings and the specified 1/3 (one third) share of the land plot and paid the Seller the cost of the transferred real estate in full.

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Features of drawing up an act of acceptance and transfer of a house with a land plot

In order to correctly prepare the transfer and acceptance certificate for a land plot, pay attention to the following nuances:

  • check whether the actual area of ​​the plot corresponds to that indicated in the documents, whether the category of land and its intended purpose are indicated correctly;
  • if there are buildings on the site, then data about them must be indicated in the act;
  • be sure to indicate the date of drawing up the contract and act;
  • if the act and the agreement are signed by different persons, then check whether they have the authority to perform these actions. This occurs if the parties to the agreement are legal entities. Or the owner of the site, having signed the agreement, transfers the authority to actually transfer it to his representative. In this case, he must grant him a notarized power of attorney;
  • indicate in the act a list of all documents attached to the act. It would not be superfluous to attach a certificate from the tax authorities confirming the absence of debt on real estate taxes;
  • When purchasing a plot, pay attention to the intended use of the purchased plot. The buyer will not have the right to use it for other purposes. This circumstance must be stipulated in the text of the contract;
  • the act can describe in detail everything on the site, right down to the green spaces. If harvesting is planned, then specify who will have the right to collect it;
  • If the land plot belongs to several owners, make sure that they all sign the deed.

Drawing up this act is a mandatory requirement for transactions with any real estate.

Transfer of rights to land without risk with an act of acceptance and transfer of land

Drawing up an act that regulates the transfer of property by an individual or legal entity acting in civil law relations as the party alienating the land plot provides a guarantee of security to the contracting parties. The document is drawn up during a property transaction:

The act is drawn up directly on the land plot in respect of which the right of use (easement) or ownership is transferred. The presence of persons participating in a property transaction with real estate and established by the agreement as parties is mandatory.

The act of acceptance and transfer of a house with a land plot between legal entities

When drawing up an agreement by legal entities, be more careful when drawing up the act. Payment for transactions is made on the basis of this document, since it is the only document that indicates that the parties have fulfilled all the terms of the agreement. If the act is missing, this may lead to a challenge to the concluded agreement.

In the act of acceptance and transfer of land, do not lose sight of its intended purpose.

When transferring land for temporary use, stipulate in the agreement for what purpose it is being done. Before the transaction, make sure that the owner has paid all taxes on this plot and that no encumbrances have been imposed on it.

Please keep in mind that the dates of the agreement and the deed may not coincide.

It is not necessary that the subject of the agreement be transferred on the day the transaction is signed. It is possible that the plot will be transferred a certain time after the conclusion of the contract. Under such circumstances, the transaction is considered completed after the execution of the act. The act must be signed by a person authorized to do so.

Its director can act on behalf of a legal entity without a power of attorney. If the representative is another person, then he must have a power of attorney, duly executed. It is recommended to draw up a report in all cases to avoid misunderstandings regarding payment or the condition of the subject of the transaction.

House transfer and acceptance certificate sample form

The agreement itself on the acceptance and transfer of a house or apartment is certified at the moment when the purchase and sale transaction is completed.

The evidence confirms that the former owner of the premises and the acquirer do not have any questions for each other regarding the transfer of funds. The written certificate itself is in writing and has legal force.

This certificate is also required to be presented when the apartment needs to be registered in the state register.

The main points that are indicated in the agreement on the transfer of residential premises

The certificate of transfer of rights to use a house or other residential premises must include the following points:

  • The date of the transaction and the place where the transaction was concluded must be written down;
  • the number of this agreement and the date on which the rights to ownership are transferred to another person are written down;
  • in a situation where a transaction is concluded between two people, and not an organization, then their personal data is written down; in the case when someone is an organization, then all its details are written down: address, tax data, as well as data of its representative;
  • the real estate transfer and acceptance certificate clearly states the subject of the transaction;
  • all information about the residential premises is indicated, starting from the address of its location, ending with its technical characteristics, and everything can also be indicated to precision: entrance number, apartment number, etc.;
  • if the keys to the residential premises were transferred to the purchaser, then it is also better to indicate this;
  • the period and amount of payment are prescribed;
  • if payment for the residential premises has already been made, then you need to indicate this and clarify how this amount was received;
  • if the previous owner had any debts, for example, for utilities, then this also needs to be registered;
  • if there are any material objects or defects in the residential premises, then this is also indicated, this is a very important point in order to avoid any claims in the future;
  • if the owner and the acquirer do not have any mutual questions or claims, this is also written down;
  • The personal signature of both the owner and the acquirer is placed at the end of the agreement; the signatures themselves can be placed independently, without the presence of an authorized legal entity.

The above are the basic conditions for concluding an agreement; if any clause is not specified or is incorrectly indicated, then such an agreement will be considered invalid.

Below is a standard form and a sample act of acceptance of the transfer of a house, a version of which can be downloaded for free.

The act of acceptance and transfer of a house with a land plot to the purchase and sale agreement

It follows from Article 556 of the Civil Code that the transfer of real estate by the parties to the agreement is documented. New ownership rights to any real estate must be registered. At the same time, registration authorities are obliged to verify the actual fulfillment of the terms of contracts for the alienation of real estate.

It is not possible to go to the addresses and check this locally. Participants in the transaction can prove the execution of the transaction by presenting the acceptance certificate signed by them. Therefore, you should not shy away from its design.

How to correctly draw up an act of acceptance and transfer of a land plot under a purchase and sale agreement

When concluding purchase and sale agreements, it is especially important that the persons participating in the agreement have evidence of fulfillment of obligations to the other party. The acceptance certificate serves as one of the documents confirming the implementation of the terms of the transaction between the seller and the buyer.

  • Title documents (certificate of registration of ownership of the plot and house, if available).
  • Documents of title (papers on the basis of which the seller received the land put up for sale and the attached real estate into ownership. Usually this is a purchase and sale agreement, gift, exchange, certificate of inheritance).
  • Cadastral plan for each transaction object.
  • Land survey plan and technical passport (since 2014).
  • An extract from the Unified State Register of Real Estate confirming the absence of any restrictions on the plot and real estate on it.

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Certificate of acceptance and transfer of a house with a land plot when renting

One of the most common agreements is the lease of land plots. The subject of the transaction is transferred by the owner to the second party not for ownership, but for temporary use. The contract sufficiently accurately describes the subject of the transaction: indicate all the data about the land plot, its address, area, unique cadastral number (Part 3, Article 607 of the Civil Code of the Russian Federation). There are no mandatory requirements regarding the execution of the act. But drawing it up will help avoid many misunderstandings between the tenant and the landlord.

The act will allow us to accurately establish the following circumstances:

  • if there is a signed act, the fact of transfer of the subject of the contract will not be disputed by anyone;
  • From what date will the rent be calculated? By law, this is considered the day of actual transfer of the land plot to the lessor;
  • the fact that all documents for the site have been transferred to the buyer;
  • the fact of transfer of other property (for example, buildings on the site);
  • the fact that the property is in good condition.

When the lease period ends, the land plot is returned according to the same rules with the signing of a similar act.

Sample Certificate of Acceptance of Transfer of Garden Plot With House

Passport details: passport No. __ __ ______, issued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., date of issue __ ________ ____ year, department code ___-___; date of birth __ __________ 19__; Place of Birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

being parties to the agreement concluded on __ ________ 2010 (hereinafter referred to as the Agreement) for the sale and purchase of a plot of land and a garden house with outbuildings located at the address: . . . . . . . . . . . . region, . . . . . . . . . . . . . area, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., site No.__, have drawn up this act as follows:

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