The act of handing over the keys to the premises: when is it needed and how to draw it up

I received the keys to an apartment in a new building: what next?

So, the house in which you once bought an apartment is finally built, you have signed the transfer and acceptance certificate and received the keys. This means that the main worries are behind us. But there are a number of formalities that you should not forget about if you purchased a property with a mortgage.

Let's go in order.

The assessment report is necessary for the bank to determine the market value of the property. It is better to order it immediately after signing the acceptance certificate, since its preparation takes time.

You can order an assessment report from any company accredited by the bank. A list of them can be found on your bank's website.

You will be able to register ownership after the house in which you bought an apartment is registered in the cadastral register. This process can take up to six months, but usually goes faster. When signing the transfer and acceptance certificate, ask the developer about the approximate time frame for registering the house with the cadastral register. Once this happens, you can register ownership.

And there may be two options. And they depend on what is specified in your loan agreement.

The loan agreement contains an obligation to issue a mortgage

In this case, you will need to contact the bank and sign an additional agreement to the loan agreement stating that the mortgage will not be issued. You will need to have the following documents with you:

1. Passport
2. Loan agreement
3. Equity participation agreement or assignment of claim rights agreement

You can simply come to any mortgage lending center at a time convenient for you - the bank manager will prepare an additional agreement for you.

Please note: if there are several borrowers under the loan agreement, everyone will need to go to the bank. If one of them is not in the city, you can issue a power of attorney from a notary. As a rule, a notary can help with the correct wording.

There is no note in the loan agreement about registration of a mortgage

In this case, there is no need to draw up an additional agreement. Just submit the documents from the list below to Rosreestr or MFC.

To register ownership you will need:

1. Foundation agreement (for example, equity participation agreement or assignment of claim)
2. The original deed of acceptance and transfer of the object - there must be as many of them as the shareholders indicated in the agreement + 1. That is, if two shareholders are indicated in the share participation agreement, there must be three acts. As a rule, the developer issues them in advance in the required quantity. However, if you have fewer of them than you need, you can get an additional original from the developer, or you can have a copy of the one available from a notary certified.
3. Loan agreement and its copy
4. Passports of all shareholders
5. Marriage certificate if spouses register real estate as joint property
6. Receipt for payment of state duty - it is 2000 rubles
7. Additional agreement on cancellation of the mortgage, if drawn up

An MFC employee will accept your documents and leave you a receipt indicating which documents you submitted, in what quantity, as well as your application number.

The moment of handing over the apartment keys upon sale

The seller is obliged to leave within the period specified in the contract. According to the law, you become the owner of the apartment from the moment of registration of ownership. The moment of handing over the keys also needs to be stipulated in the contract, but since the seller vacates the apartment on January 11, 2021, I understand that he will hand over the key to the apartment on January 11. In Art. 556 of the Civil Code of the Russian Federation states:

The apartment purchase and sale agreement dated December 17, 2021 states that the main agreement is also a deed of transfer of the apartment. The keys were not handed over to the buyer on the day of the transaction. At the time of conclusion of the contract, the seller was registered in the apartment. The contract stipulates that the seller undertakes to withdraw from the registration. registration and vacate the apartment by 01/11/2021. Although he does not live in the apartment himself, he rents it out to tenants.

How long will it take to register ownership?

According to Art. 16 of the Federal Law of July 13, 2015 N 218-FZ, the maximum registration period when submitting documents through the MFC is 9 working days, when submitting directly to the Rosreestr branch - 7. In practice, there are delays of several days. To clarify the current status of document registration, you can call the MFC. The phone number, case number and PIN are listed on the receipt.

To receive ready-made documents, you will need to have your passports and receipts issued to you by an MFC employee.

When are the keys handed over when buying an apartment?

Buying an apartment with a mortgage in steps Buying with a mortgage in steps Features of a mortgage First of all, I want to say that in 2021, many Banks have reduced interest rates on mortgage loans.

It was verbally agreed that after receiving this certificate, when the money was withdrawn, a transfer deed would be signed and, accordingly, the key to the apartment would be handed over. But the seller, in a rather harsh form, now insists that the transfer of the key will occur no earlier than 15 business days after the transfer of money, while referring to some articles of the Civil Code. The contract did not specify the deadline for handing over the keys.

What documents will I receive?

Certificates of ownership were canceled back in 2021 - they are no longer issued. You will receive an extract from the Unified State Register, as well as a share participation agreement with a note about the registration. At the same time, shareholders do not have to go together to receive documents. Everyone can receive their set of documents at a time convenient for them.

Within three months from the date of registration of ownership, you will need to provide the bank with an extract from the Unified State Register and a foundation agreement (share participation or assignment of claim). These documents are required to confirm the intended use of funds.

Under the terms of the loan agreement, the bank takes your apartment as collateral, and you are required to insure the collateral, in accordance with Article 31 of Federal Law 102-FZ.

When are the keys handed over when buying an apartment with a secondary mortgage?

Step 2: collecting documents The list of documents for obtaining a loan should be clarified with the bank itself, but in any case it will include: The mandatory package of documents can be expanded independently to include everything that can characterize you as a solvent and reliable borrower.

Let us consider step by step the key points of completing a transaction for the purchase of secondary housing using borrowed funds from the bank. Today, both commercial and state banks are happy to issue mortgage loans to trustworthy borrowers, secured by the housing they are purchasing, without collateral, or secured by existing real estate.

How to insure an apartment

You can buy a collateral insurance policy from any insurance company accredited by the bank. A list of them can be found on your bank's website.

If the bank does not receive your property insurance policy, you may be charged a penalty of ½ interest for each day without an insurance policy. Uploaded documents are processed by the bank within 3 business days.

We remind you that you can submit documents for a tax deduction this year if the transfer and acceptance certificate was signed last year. How to do this was described in detail in the article “How to get a tax deduction after buying an apartment with a mortgage and what documents are needed for this.” If you bought an apartment under a shared participation agreement, you don’t even need to wait for the title to be registered.

If this is your only home, you will need to register at your place of residence. To register in an apartment, you need to contact the passport office, MFC, department of the Main Department of Migration Affairs of the Ministry of Internal Affairs (replacing the Federal Migration Service), the management company (some have passport offices) or use the State Services portal.

If you own several properties and are already registered somewhere, you can skip this point.

Source: domclick.ru

When the keys are handed over when buying an apartment

As soon as the act of acceptance of the apartment is signed, the buyer is relieved of all obligations; formally, he has already fulfilled all his obligations that may be provided for in the purchase and sale agreement. All responsibility now falls on the buyer.

The act of transfer and acceptance of keys is drawn up in any form, the main thing is that all the most important information must be indicated in it. Their absence may lead to unpleasant consequences for one of the parties, in addition, the paper may be declared invalid.

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But there are situations that are not worth a penny. For example, there are frequent sales “with furniture” - when the seller receives additional money for furnishings, household appliances or something else similar. In this case, recommends Alexander Ziminsky, director of the luxury real estate sales department at Penny Lane Realty, it is necessary to draw up an additional agreement in which a list of property will be specified that will be transferred to the future owner. Photos should also be attached to it. In the future, we will use this list to check when transferring the apartment to the buyer. It is worth noting that if the seller fails to fulfill his obligations, the buyer “has the right to demand” - either return what was illegally exported, or pay the difference.

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When signing the Transfer Deed, as a rule, the keys to the apartment are transferred to the Buyer, after which he becomes the full owner of the apartment. Next, the new owner should submit documents for the apartment to the Management Company or HOA, and register at the new place of residence.

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An example of filling out when selling an office.

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Act on mutual settlements

Another document required to be signed when accepting housing is the act of mutual settlements, which is drawn up after payment for the apartment based on the results of BTI measurements.

Irina Dobrokhotova

Chairman of the Board of Directors of BEST-Novostroy

As you know, changing the area of ​​an apartment during construction is a common phenomenon. In this case, buyers are offered to pay extra for additional meters, but this is not due to the greed of developers, but to the peculiarities of construction technology. In typical panel houses, the differences are usually small - most often the difference does not exceed 1 meter. In monolithic and monolithic-brick houses, which are built according to individual projects, the difference may be greater.

According to Natalya Shatalina, Deputy General Director for Legal Affairs of MIEL-Novostroika, the permissible percentage of deviation from the design area is usually prescribed in the DDU. Most often, a condition is prescribed there under which the parties will not recalculate if the difference between the designed and actual areas is within certain limits, for example, 0.5 sq. m. m, she notes.

Certificate of acceptance and transfer of keys

Keys are not simply transferred at will. This requires compelling arguments: purchasing housing, receiving an inheritance, as a gift or as a result of an exchange agreement. That is, it is possible to obtain keys only on the basis of alienation agreements, this is a security measure for contractual obligations, but all this applies to real estate transactions.

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It is worth noting that there is simply no law in nature that accurately answers the question about the act of transferring keys. But since keys are an integral part of property relations, providing access to the property itself, the transfer of keys is regulated by the general provisions of the Civil Code of the Russian Federation, in Article 555 on the transfer of the property itself.

Entrust the agent with the keys

In general, this is common practice. Formalize the relationship with an agreement that states the agent’s responsibility, and everything will be fine. True, we keep the keys to our clients’ apartments in a safe, just in case. But, in any case, the main question here is precisely the question of trust in the specialist with whom you are working.

We have extensive experience in selling housing online - the buyer chooses - communicates with us, we send all the necessary information on the objects, photos, videos, layouts. We monitor the progress of construction and send reports. Sends us money - we have all the reporting documents, acts. Sometimes people came and saw what they bought on the Internet after HALF A YEAR. And they were satisfied.