Power of attorney to accept an apartment from the developer: sample

A power of attorney is required

You could buy an apartment from another city or simply not be able to come at the specified time for inspection. For such situations, we have made it available remotely.

For remote acceptance, you must issue a power of attorney for the apartment acceptance specialist and have it certified by a notary. After the power of attorney is issued, the specialist will be able to come on the specified day to inspect the apartment, take all the necessary measurements, draw up an inspection sheet with a list of defects and provide it to the developer. All information about acceptance and a photo report will be sent to you by email.

Nuances

There are quite a lot of nuances in the acceptance of a residential property in this case. If in the case of secondary housing, before the new residents, people were already living there, and all possible shortcomings had long been identified and eliminated, then in this situation everything is quite the opposite.

It is necessary to understand the intricacies of construction and finishing in order to reliably assess the quality of the work done. After all, shortcomings made by builders or finishers can be dangerous to the health, and in some cases, to the lives of those who move into a new home (for example, toxic materials used in finishing).

In any case, even the most insignificant mistakes will bring unnecessary trouble to the new owners of the premises.

It is necessary not only to carefully study the transferred object itself, but also to understand what documents will have to be filled out, and what scope of rights the new owner has upon acceptance.

That is why many resort to the help of third parties in this matter, because who, if not a specialist, is able to quickly and clearly evaluate the work done by the developer. However, if the shareholder has decided to independently participate in this process, it is necessary to study all possible information from different sources, listen to the opinions of those who have already gone through this, as well as those who have one or another relation to construction.

A power of attorney is NOT needed

If you are going to be present at the acceptance of the apartment, you do not need to issue a power of attorney for any of the accompanying persons. However, in order to prevent a thorough inspection of the apartment, the developer may require you to issue a notarized power of attorney for the acceptance specialist. We tell you why this is illegal and what to do in this case.

In your relationship with the developer, your rights are governed by three laws:

Civil Code of the Russian Federation.

Federal Law N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

By law, you are required to accept the apartment within the period specified in the contract, or within seven days after receiving notification of completion of construction. At the same time, there are no restrictions in any legal norm regarding who can come with you to accept the apartment. This means that you can invite anyone to the inspection - family, friends or apartment acceptance specialists.

As mentioned above, a notarized power of attorney is only necessary if another person takes over the apartment without your participation. But if you yourself are going to be present at the reception, requiring a power of attorney for those accompanying you is an absolute violation of consumer rights.

What to do if the developer requires a notarized power of attorney:

Write on the Construction Committee portal https://gov.spb.ru/gov/otrasl/komstroy/obrasheniya-grazhdan/feedback/
Write on the portal “Angry Citizen” https://www.angrycitizen.ru/
File a claim and contact the developer with it. In your complaint, you indicate that you want to come to the inspection accompanied by a specialist, and the developer has no right to refuse this. Compiled in free form. If the developer has not responded to the claim, request a reasoned refusal in writing. No legal norm contains reasons for refusal. The developer will either write in the refusal reasons that are obviously unsuccessful in court, or will allow you to come with a specialist.
If the developer has drawn up an official refusal, it is necessary to file a claim in court to protect consumer rights. You have the right to demand a penalty for each day of delay in transferring the apartment, as well as compensation for moral damages for violation of your rights.

Remember, when buying real estate, you are not required to understand the intricacies of construction. Therefore, the developer has no right to prevent you from involving experts in assessing the quality of the apartment.

The act of acceptance and transfer of keys to the premises. Sample and Form 2021

16:24, June 30, 2021 1 0 464
When registering real estate as a property, a situation may arise when there is simply no time or opportunity to do this personally for objective reasons. This process can be addressed to a trusted person by first making a power of attorney. In this article we will talk in more detail about the procedure for obtaining a power of attorney, as well as what documents are required for this.

A power of attorney gives the right to a third party to represent your interests when registering ownership of an apartment in government agencies and to sign documents.

Obtaining documents for an apartment is necessary in the following cases:

purchases;
donations;
inheritance.

All of the above options can be issued using a power of attorney, previously certified by a notary.

The future owner can obtain title documents for housing using a power of attorney if:

he lives in another city or country and therefore cannot come;
has a permanent place of work, that is, full-time employment;
is in old age;
seriously ill;
other reasons.

It is worth noting that the notary is not responsible for the third party who is involved in the registration of the apartment. Therefore, for these purposes, it is best to choose a person whom you trust as much as possible, for example, a close relative, friend, experienced lawyer, realtor.

In order to make a power of attorney, first of all, it is necessary to clearly determine exactly what actions will need to be entrusted to the authorized person. Next, you should find a good notary and visit his office, providing your personal and passport, as well as documents of the authorized representative to fill out the data in the power of attorney.

You should take the search for a notary very seriously, because he will do an important document related to property for you. You should make sure that he has sufficient experience in this field, a good reputation, as well as the appropriate license and legal address.

There are several types of powers of attorney that can be used depending on the situation:

One-time - in this case, the authorized person performs only one necessary action, for example, collecting documents.
A special power of attorney is needed if the authorized person needs to do only a certain number of actions. Its duration is limited and is downloaded after all specified operations have been completed.
General or general - in this case, the trustee is vested with a wide range of actions, that is, almost completely representing the interests of the apartment owner.

The general power of attorney is valid for three years, and all others are valid as long as the required operations are fully completed.

You have the right to revoke the power of attorney at any time; this is not prohibited by law. To do this, you need to contact a notary, he will enter the information received into the notary database, and from that moment all actions performed by a third party will be considered illegal.

Notary services cost some money, so it is worth keeping in mind that this service will require additional costs. A general power of attorney will cost the most, all others are cheaper.

The power of attorney must necessarily contain the following points:

details of the principal and the authorized representative;
a list of all actions that the authorized person has the right to perform;
notary office details;
personal signature of the principal.

Once the power of attorney is ready, do not forget to give it to the principal, as well as copies and originals of the required documents.

When going to a notary’s office, do not forget that to issue a power of attorney you will need a certain package of documents. Which one it is best to find out in advance from a notary.

The main list of documents includes:

Personal passport.
Passport of the authorized person.
Certificate of inheritance if the apartment is inherited.
Deed of gift, if the housing was given as a gift.
A purchase and sale agreement, if the owner of the apartment purchased it independently or with the help of a mortgage loan.

In addition to the original documents, copies will be required, so it is better to make them in advance so as not to waste time with the notary.

In order to understand what a power of attorney should look like, below is a sample document. It should be noted that it may vary slightly depending on the region. But in general, its general appearance and the information contained are unchanged.

To certify the fact of transfer of keys to any premises, the parties participating in this process must draw up a special act.

In legal practice, it is quite common to issue powers of attorney for an apartment between individuals. Such paper will allow the owner of the living space not to participate in certain transactions with his property.

Since all necessary actions with the living space will be done by a trusted person according to a special form. How to correctly draw up this power of attorney will be discussed below.

There are three types of powers of attorney for an apartment, which include:

One-time;
Special;
General.

One-time

A one-time agreement is usually issued to a citizen to conclude a purchase and sale agreement for this housing. The validity of such a document ends at the moment when the ownership rights to this apartment are registered to the new owner of the property.

Special

A special power of attorney will be issued to the citizen in order for him to carry out a specific action regarding real estate within a specified period. Typically, such a document is drawn up to represent the interests of the principal in various legal proceedings.

A general (general) power of attorney gives the authorized citizen the right to perform the following tasks:

Prepare documents for an apartment on behalf of the principal;
Conduct various types of real estate transactions and draw up relevant documents (donation agreement, lease or exchange);
Solve various problems with documents for a given living space.

Validity

According to Article No. 186 of the Civil Code of the Russian Federation, the maximum period of a power of attorney for an apartment can be no more than 3 years. If the document does not have a validity period, then it is considered that this important document is issued by the principal for 1 year from the date of its execution.

In order to terminate the agreement before it expires, the principal will need to complete the following steps:

Ask to cancel this document. To do this, the principal needs to go to the employee of the notary’s office who previously issued this form;
After the power of attorney ceases to exist, the concerned citizen will need to inform the authorized person about this.

If an individual was issued a form for the sale of residential space, then the validity of the notary paper may expire for a number of reasons:

Deal has been completed successfully. And at the same time, she was registered with the relevant government agencies;
The form has expired;
The principal, on his own initiative, terminated the document;
Death of one of the parties to the contract (trustee or principal);

It is quite possible to draw up a contract for the purchase and sale of an apartment by power of attorney. To do this, you will need to have the following documents with you:

From the citizen who is the principal:
Certificate of ownership of the living space being sold;
If minor children were registered in the apartment, then additional papers will be needed: Birth certificate for small children;
Passport of the child, if he is already fourteen years old;
Guardian's certificate if the child has no parents;
Consent from the second spouse. This will be needed if the apartment was purchased during an official marriage. An exception may be if the applicant has:
A marriage contract, which states that only one of them can dispose of the apartment;
Donation agreement;
The citizen for whom this form is issued will only need to bring a passport.

All necessary documents are provided to the civil service employee in original form and in photocopies.

This form usually contains the following information:

Passport details and place of residence of the principal and authorized person;
The address where the apartment is located. If a citizen has only a certain share in the property, then its size is indicated;
Name of the government organization that issued the form;
A trusted citizen has the right to delegate the powers specified in the main document to another person or not;
Can an individual receive money from a buyer when concluding a sale transaction;
Date the paper was issued;
Duration of the power of attorney.

To draw up a form for the disposal of property, as when creating another legal document, the person who wants to draw up such a document will need to pay a state fee.

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The amount of such payment may differ depending on the degree of relationship between the applicant and the person who also appears in the power of attorney:

If both parties to the agreement are strangers to each other, then the fee will be 500 rubles;
When the authorized person is a close relative of the owner of the premises, the cost of the fee will be 100 rubles.

There is also a situation when this form is issued by the applicant only so that the citizen collects all the necessary documents for living space. In such a situation, you will need to present 200 rubles for payment. In this case, the degree of family relationships between interested individuals will not be taken into account.

As can be seen from what is written above, registering and obtaining a power of attorney for an apartment will not require a lot of time from the applicant and his authorized person. The most important thing when drawing up an agreement form is to correctly describe the rights and obligations of a citizen who will conduct real estate transactions on behalf of the owner.

And in this matter, it will most likely be necessary to seek help from a notary. After all, in any case, interested citizens will need to have their agreement notarized.

Here is an example of an act of acceptance and transfer of keys from one company to another under a premises rental agreement. First indicate:

title of the document (with a brief indication of the meaning);
number (if necessary);
place (the locality in which the company operates);
date of drawing up the act.

Types of apartment decoration

The first questions regarding acceptance may arise in connection with the finishing of the purchased apartment. The price of a new home depends quite heavily on the type of finishing that is done in the apartment. And when accepting a given residential premises, it is worth determining whether the result conveyed by the developer coincides with what was stated in the contract.

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In order to adequately approach this issue, you need to understand what types of finishes exist and how they differ from each other.

Turnkey finishing. This type of finishing is the most expensive option. This is due to the fact that the apartments are not finished according to a standard design, but individually, taking into account the wishes of the purchaser. For these works, the developer, as a rule, attracts a third-party organization, spends additional funds, and this determines the increased cost of such apartments.
Clean finish. This option is, of course, more modest compared to the first, but by no means the cheapest. If the buyer has chosen this option, then upon completion of construction he will receive an apartment quite suitable for living. In such objects, standard finishing is carried out, plumbing equipment, a gas or electric stove are installed (depending on the number of floors of the house), wallpaper is hung on the walls, and there is covering on the floor. In principle, this option is very convenient for those who do not plan to make repairs in the purchased premises. For those who plan to arrange everything to their liking, the following options are more suitable.
Rough finish. In this case, the apartment has all the necessary communications and interior partitions, the apartment is prepared for cosmetic renovation. This option is quite convenient for those who plan to arrange their own housing, however, it will significantly delay the date of moving into such an apartment.
The apartment is unfinished. This option looks like a concrete box. There are no interior partitions in the apartment, only load-bearing structures are present. For whom will this option be beneficial? For those who would like to create an individual apartment layout at their own discretion. In such an object it will be possible to realize the flight of your imagination 100%. However, you need to be prepared for significant financial investments in the apartment, as well as for the fact that you will have to spend a sufficient amount of effort and time.

Each buyer independently determines the option that is more profitable for him, and chooses an apartment in accordance with this.

Procedure for obtaining keys

The main documents when accepting an apartment will be an agreement for participation in shared construction, an inspection sheet and an acceptance certificate.

Agreement on shared participation in construction. This agreement is concluded between the developer and the buyer of the apartment. It contains all the essential conditions of the acquisition - the date of delivery of the object, the price, the types of work that the developer is guaranteed to carry out. It is this list that must be carefully studied before accepting an apartment.
Inspection sheet. This document is filled out during the inspection of the apartment. All detected deficiencies are entered there.
The act of acceptance and transfer of the apartment. This act is the final document in accepting the apartment. By signing it, the buyer confirms that he accepts the item, with or without defects.

When the developer has been issued this permit, you can begin the process of transferring ownership of the apartments to participants in shared construction, but not earlier than the period specified in the contract. Before transferring ownership rights, the developer must inform the shareholders about this, that is, send out messages to everyone about the completion of construction and the beginning of the transfer of apartments. As a rule, the message is delivered to participants in shared construction by registered mail with notification.

transfer and acceptance certificate signed by the developer;
if the property right is registered for a minor child, you must obtain permission from the guardianship authorities;
cadastral passport for the apartment (explication), registration and issuance of which occurs after the new building is registered with Rosreestr;
bank agreement, if the apartment was purchased on credit or with a mortgage;
passports of all future owners and birth certificates of children;
power of attorney, if registration is carried out by a representative of the shareholder;
receipt of payment of state duty;
share participation agreement.

Recently, the apartment of each shareholder is registered in the cadastral register by the developer simultaneously with the cadastre registration of the entire house. Therefore, the shareholder’s obligation to take the apartment into account in the cadastre has disappeared. However, if the construction company does not carry out cadastral registration, you can do it yourself. To do this, a technical plan of the apartment is ordered from the BTI.

Then, in addition to the application and technical plan, you will need to provide the cadastral authority with a transfer deed and a shared construction agreement (or another document on the basis of which you are the buyer of housing in a house under construction), and also pay a state fee. Unauthorized redevelopment will have to be approved additionally.

Buyers receive the keys to the new building after signing the apartment acceptance certificate. From this moment on, they are responsible for paying utility bills as users of the building's engineering systems. However, according to the law, until the HOA concludes an agreement with the operating organization, the developer must pay for the “utilities”.

A cadastral passport with an explanation can be obtained only after the apartment is registered in the cadastral register with Rosreestr. This is possible when the Developer prepares the entire facility for reconciliation. At the agreed time, a technician will appear in the apartment to measure the area and volume, as well as check the layout.

In addition, it is worth remembering that if we plan to sell our apartment, the Seller is exempt from income tax only if 3 years have passed since he received ownership rights (and from 2021 already - 5 years, more about this here ). The time of actual residence in an apartment without a registered right is not taken into account (i.e. added to these years).

1 “Special Invitation”
2 Preparing for a visit to the check-in office
3 Visit to the check-in office 3.1 Preparation for inspection
3.2 Inspection of the apartment
3.3 Signing papers at the check-in office 3.3.1 OPTION 1: There are claims regarding the property
3.3.2 OPTION 2: There are no claims regarding the object

3.4 Advance payment

4 Visit to the operation office

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Luda bought an apartment in a new building for 5 million rubles. The developer was supposed to transfer the apartment until February 18, 2021 inclusive, but only transferred it on February 28. Lyuda wrote a complaint to the developer and received a penalty of 36,500 rubles for 10 days of delay.

Without execution of the document in question, the transaction cannot be considered completed.

This is due to the fact that refusal to draw up an apartment acceptance certificate has the following legal consequences for the buyer:

The new owner cannot fully dispose of the property;
If the buyer is dissatisfied with the actions of the developer or the quality of installation/repair work, it will be difficult for him to prove anything.

Important!

It must be remembered that if the developer refuses to sign a document indicating the acceptance and transfer of the apartment, the buyer has the right to appeal this decision in court.

An incorrectly drafted document of this type has no legal force.

Since there is no finishing, then there is no need to check its quality.

It is during this period that the apartment must be inspected by the buyer or shareholders, and the transfer and acceptance certificate must be signed. As a general rule, the apartment is accepted by the person specified in the shared construction agreement. However, this person may involve an expert in the field of construction to accept the apartment or simply be busy.

Documentation

The main documents when accepting an apartment will be an agreement for participation in shared construction, an inspection sheet and an acceptance certificate.

Agreement on shared participation in construction. This agreement is concluded between the developer and the buyer of the apartment. It contains all the essential conditions of the acquisition - the date of delivery of the object, the price, the types of work that the developer is guaranteed to carry out. It is this list that must be carefully studied before accepting an apartment.
Inspection sheet. This document is filled out during the inspection of the apartment. All detected deficiencies are entered there.
The act of acceptance and transfer of the apartment. This act is the final document in accepting the apartment. By signing it, the buyer confirms that he accepts the item, with or without defects.

How to accept an apartment in a new building: quality test, transfer and acceptance certificate, tips

Minor defects do not interfere with life: holes in the plaster, scratches on the windows, a broken closer on the door, etc. To confirm the defects, an independent examination is carried out. In such cases, the defective and acceptance certificate is signed. If the client in such a situation refuses to sign the acceptance certificate, then he must indicate this in the defective certificate. After two months, the developer can unilaterally draw up an act. If he also proves that the client is deliberately avoiding accepting the premises, then he will be able to transfer the apartment independently.

What should the apartment acceptance certificate contain?

This document must indicate the parties (developer and buyer), date of acceptance, and the object being accepted. If significant deficiencies are discovered during the process of accepting an object, they must also be indicated in this document. In this case, the apartment will be accepted with reservations. Who will eliminate the shortcomings?

This responsibility, of course, rests with the developer. However, there are two ways to solve the problem. In the first case, the buyer waits for the developer to eliminate the defects.

In another possible case, the new owner eliminates all construction and finishing defects on his own, then turns to the developer for compensation. However, you will most likely have to recoup your expenses through legal action. The choice of procedure is up to the buyer.

The act of acceptance and transfer of keys to the premises. Sample and Form 2021

Without this, full acceptance of the property is impossible. How to draw up an act when accepting and handing over keys to an apartment? It is impossible to accept an apartment during the purchase and sale process without receiving the keys.

To avoid misunderstandings in the future, it is advisable to document the transfer of any property, including its components. How to hand over the keys to an apartment using an acceptance certificate?

What you need to know

The keys to the apartment are not handed over just like that. There must be a reason - the acquisition of a property, receiving premises as a gift or inheritance, an exchange transaction.

That is, the argument for transferring the keys is the existence of an alienation agreement.

The transfer itself acts as a measure to ensure the fulfillment of contractual obligations in real estate transactions.

Many sellers and buyers do not attach importance to handing over the keys, believing that signing a purchase and sale agreement is enough.

Moreover, many participants in real estate transactions forget about the need for an acceptance certificate in relation to the apartment itself.

In fact, this is one of the main mistakes in transactions involving the alienation of real estate. An act of acceptance and transfer of keys to the apartment upon sale must be provided.

Drawing up a deed when transferring property means that the seller has actually transferred it to the buyer.

At the same time, the signing of the act by the buyer indicates acceptance of the apartment along with all its components and the absence of claims.

In the absence of such a document, the buyer may well claim that he never received the apartment because he was unable to gain access to it.

Basic moments

What is an act? This is a document certifying an action. That is, the act of acceptance and transfer of keys confirms that the owner of the apartment handed them over to the new owner, and the buyer actually accepted them.

As a rule, the act is drawn up by prior agreement of the parties. Any items are subject to transfer under the act.

But what to do with the keys if an act of transfer of the apartment is still drawn up, because the keys, in fact, are part of it. There is no standard regulating the partial transfer of property.

In principle, the clause on the transfer of keys can be included in the acceptance certificate for the apartment. This will not be a violation and becomes confirmation of the fact of transfer.

But such an action is advisable if you have only one key to the front door.

If it is intended to transfer several keys, then it is advisable to draw up an independent act indicating from which exact door, which key and how many copies are being transferred.

Attention

Initially, you need to be prepared to reduce the price, so for these purposes it is possible to initially increase the cost of the apartment when submitting an ad. Conclusion The first step towards selling an apartment is to find a buyer who is ready to purchase such a property.

Important

The second step on this path is to demonstrate the home being sold to buyers. This stage cannot be avoided; you need to carefully prepare for it - you need to bring the apartment into a “marketable” condition.

For this purpose, it may be necessary to make financial expenses, because even light cosmetic repairs have their price.

The first is the person transmitting the keys, and the second is the person receiving them. Usually the act is drawn up by the one who gives the keys, but, in any case, the act must be certified by the signatures of both parties - only if this condition is met will this document gain legitimacy and legal force.

General aspects of drawing up an act If you need to draw up an act of acceptance and transfer of keys, read our recommendations and see the sample below. Today there is no standard template for the act of acceptance and transfer of keys.

This means that it can be written in any form, or, if the organization has a developed document template, according to its form. The main thing is to follow a few simple rules:

The act must have a certain structure, which includes the so-called “header”, the main part and the conclusion.
It must necessarily include the signatures of both parties.

The act of acceptance and transfer of keys to the apartment is drawn up according to a model common to similar documents.

You can go to court right away: for such claims the law does not establish a mandatory claim procedure.

If the buyer decides to choose the second method (that is, still demand the transfer of real estate), he needs to be wary: perhaps the seller deliberately avoids signing the transfer deed because he knows about the defects of the real estate. After all, by signing the transfer and acceptance certificate, the parties record the actual condition of the transferred property.

In this case, the buyer should attract witnesses who could help document the defects of the property even in the absence of the seller.

In the first case, the parties confirm that at the time of transfer the property is in proper (satisfactory) technical condition, corresponding to the terms of the agreement. In the second (if the buyer has complaints about the quality of the transferred property), these defects must be indicated in the transfer deed.

In addition to the real estate itself, the parties in the transfer and acceptance certificate indicate technical documents (related to real estate), which the seller simultaneously transfers with the real estate (cadastral passport, technical passport, plans, diagrams, explications, other documents).

It is important for the buyer to include in the real estate purchase and sale agreement a condition that the seller is obliged to hand over documents related to it. Most likely, the seller will agree to this, since it does not create any difficulties for him.

Since it is impossible to use a non-residential building as a store without heating, the plaintiff considered that the defendant sold goods of inadequate quality.

The court decided that the seller improperly fulfilled the obligation (Article 15, 393 of the Civil Code of the Russian Federation) under the purchase and sale agreement due to the transfer of real estate with defects that make it impossible to use it for its intended purpose. According to paragraphs 1 and 2 of Article 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used; the quality of the goods must comply with the terms of the contract.

As a result, the court satisfied the claims for the recovery of 843,546 rubles. losses. Expenses for expert services in the amount of 30 thousand rubles.

But what to do with the keys if an act of transfer of the apartment is still drawn up, because the keys, in fact, are part of it. There is no standard regulating the partial transfer of property.

In principle, the clause on the transfer of keys can be included in the acceptance certificate for the apartment. This will not be a violation and becomes confirmation of the fact of transfer.

But such an action is advisable if you have only one key to the front door.

If it is intended to transfer several keys, then it is advisable to draw up an independent act indicating from which exact door, which key and how many copies are being transferred.

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Upon completion of all formalities, when the keys are transferred from one party to the other, information about the act must be entered into a special documentation journal.

The algorithm of actions is approximately as follows:

The parties inspect the apartment. The buyer examines electrical wiring, meters, pipes, etc.
The seller transfers documentation related to the apartment - receipts, technical passports for devices and equipment, contracts for communication services, etc.
If real estate is purchased with property, the receiving party inspects it, among other things.
A detailed report is drawn up.
The parties study the document and sign if they agree with its contents.

There should be no other furniture or equipment in the premises other than that which is transferred to the buyer. All previous residents must check out and move out by this time.

However, the last point is not always observed.

It often happens that the seller continues to use the premises until the final handover of the keys.

This means that compensation can be obtained through legal proceedings.

If the purchaser is not satisfied with the quality of the property, then all claims should also be indicated in the act or an appendix to it. In addition, it will be necessary to include in the text of the act a suspensive condition according to which the transfer document will enter into legal force only after all defects have been corrected by the seller.

He is given a reasonable period of time for this. Until the defects are eliminated, the safety and full responsibility for the property lies with the transferring party.

The moment of signing the act is reflected in the main agreement. It does not always coincide with the date of registration of property rights in Rosreestr. The parties have the right to resolve this issue independently.

Registration and signing of the acceptance certificate is the final stage of the transaction.

Especially when there is some property in the apartment.

Walls, floor, ceiling, which act as the boundaries of the room;
Connection with real estate, which is prescribed in current legislation.
Is it part of any building, and under what conditions, is it possible to move it.
Is the object linked to a physical and legal address?
Can it be used for production purposes?
Lack of permanent resident citizens.

The act must have a certain structure, which includes the so-called “header”, the main part and the conclusion.
It must necessarily include the signatures of both parties. Moreover, if one of the entities participating in the formation of the act acts under a power of attorney, information about this must also be included in the act, indicating its date of preparation and other identification data.
If there were witnesses during the acceptance and transfer, information about them must be included in the document in the following form: full name, passport extract, residence address and signature.

Apartments in a newly built building - then the document is drawn up between the legal developer company and the individual owner of the apartment.
If we are talking about buildings, structures, etc., then the act is usually formed between two organizations.
In some cases, a document can be drawn up within a single company, for example, when the keys to an office, warehouse, retail outlet, etc. are transferred from one responsible employee to another.

Rules for accepting an apartment from the developer

When the property is ready for delivery, the developer invites the buyer to accept it.

Instructions

The buyer must visually inspect all details of construction, finishing, and communications for defects and shortcomings. If there are any, this information is clearly recorded in the inspection sheet, information about existing shortcomings is also included in the acceptance certificate.

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From the moment the deed is signed, the apartment is considered transferred.

Can a third party sign the apartment acceptance certificate?

In a month, the apartments will be handed over, but the owner cannot show up for the reception of his apartment due to his absence from the city for 3 months (he will leave for study for work). Can his apartment be accepted by his girlfriend, the marriage has not yet been registered? Do I need a notarized power of attorney to accept an apartment? Or if the marriage is registered, then no documents are needed? And will there be any problems in the future, since the Developer has postponed the deadlines by more than a year and we are going to file a lawsuit after receiving the apartment, so that the question does not arise why a third party signed the deed?

power of attorney for the right to sign, act of acceptance of the transfer of an apartment, transfer of an apartment from the developer, act of acceptance of the transfer of an apartment, act of acceptance and transfer due to marriage

Answers from lawyers (3)

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Your representative can act under a notarized power of attorney.

Civil Code of the Russian Federation Article 185.1. Certification of a power of attorney 1. A power of attorney for transactions requiring a notarized form, for filing applications for state registration of rights or transactions, as well as for disposing of rights registered in state registers must be notarized, except in cases provided for by law. 2. The following are equivalent to notarized powers of attorney: 1) powers of attorney for military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the head of such an institution, his deputy for medical affairs, and in their absence, a senior or duty doctor ; 2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of employees, members of their families and family members of military personnel, which are certified by the commander (chief ) these units, formations, institutions or establishments; 3) powers of attorney of persons in places of deprivation of liberty, which are certified by the head of the corresponding place of deprivation of liberty; 4) powers of attorney of adult capable citizens located in social protection institutions, which are certified by the administration of this institution or the head (his deputy) of the relevant social protection authority. 3. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, or to receive correspondence, with the exception of valuable correspondence, may be certified by the organization in which the principal works or studies, and the administration of the inpatient medical institution where he is being treated. Such a power of attorney is certified free of charge. 4. A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so in accordance with the law and constituent documents.

Power of attorney to accept an apartment from the developer

As a general rule, the apartment is accepted by the person specified in the shared construction agreement. However, this person may involve an expert in the field of construction to accept the apartment or simply be busy. What to do in this situation.

Another person can take over the apartment, however, a notarized power of attorney with the right to carry out such actions must be properly executed for him.

To sign the acceptance certificate, the representative will need to present this power of attorney, as well as a passport to confirm his identity.

Do you need a power of attorney for a specialist upon acceptance?

At the time of transfer of apartments, some developers restrict access to apartment acceptance specialists. The only condition under which a pass is possible is the presence of a notarized power of attorney.

The requirement of a power of attorney by the developer is legal only in one case - if you do not have the opportunity to accept the apartment yourself and trust a third party to remotely represent your interests (Article 182, Article 185 of the Civil Code of the Russian Federation). In other words, if you participate in the inspection of the apartment, then carry out all further legal actions (signing the inspection report, acceptance certificate, etc.) personally! The expert is present with you at this moment, gives recommendations orally, but is not your representative, and accordingly the developer’s request for a power of attorney is illegal.

In addition, no legislative acts establish a ban on the passage of third parties when accepting an apartment. Anyone can be with you during the examination, including a specialist. Some developers refer to internal regulations, according to which outsiders are prohibited from being on site. But such regulations apply only to employees of a given legal entity and cannot oblige you or the people around you to comply with them.

The developer’s motives are obvious - without allowing a technically savvy expert to inspect, you will not independently identify all the violations committed during construction and, with a high degree of probability, you will sign the acceptance certificate. Even if the deficiencies are partially discovered, the developer’s representative will do his best to “lead” you to signing the APP, relieving himself of the obligation to eliminate it and reducing the deadline for delivery of the object to a minimum (thereby protecting himself from the possible collection of a penalty or reducing it).

If such circumstances arise, we advise you to write a claim to the developer, hand it over and sign it properly, or send it by letter with a notification containing a list of the attachments. The body of the complaint should indicate that you are going to inspect the apartment with a specialist and that the developer’s refusal to let him in violates your rights, and also that if these requirements are not met, you intend to file a complaint with Rospotrebnadzor and go to court.