We sign the acceptance certificate for an apartment in a new building

The main property of purchasing real estate under the DDU from a construction company is that the residential property has not previously been in operation. All communications and interior decoration are new. Therefore, in order to accept an apartment in a new building, before signing the acceptance certificate, you need to carefully check everything and preferably according to the checklist.

Unfortunately, once this document has been launched, it will be too late to do anything. All elimination of deficiencies and breakdowns will fall entirely on the residents. And these are significant financial costs!

So, let’s take a step-by-step look at the main nuances of accepting an apartment. Marriages among builders, unfortunately, do occur. And the acquired knowledge will help prevent acceptable disappointing consequences.

Peculiarities of receiving an apartment according to the DDU with and without finishing

Different types of finishing have their own specific characteristics for receiving housing.

The contract specifies one of three types:

Without finishing work - rough.
With preliminary finishing - without final repairs.
The premises are accepted on a turnkey basis - finishing work has been completed in full.

A measuring tape will be needed both for calculating the area of rooms and hallways, balconies, bathrooms, toilets, when the owner takes over an apartment in a new building, inspecting a residential property without finishing.

You also need to make sure that the apartment matches the layout. All inspection results must be verified against the contract. If discrepancies are detected, the shareholder can file a complaint and demand a partial refund of funds through the court.

What to pay attention to:

serviceability of windows and doors;
serviceability of locks;
glazing integrity;
the walls must strictly correspond to an angle of 90°;
evenness of the screed;
no signs of fungus and mold on the ceilings (especially in the corners);
the performance of the ventilation system (checked with an ordinary lighter);
absence of flaws in the power supply system (sockets, sockets).

If significant problems are discovered, the shareholder has the right to refuse to accept the living space until the deficiencies are fully restored. The developer must also pay a penalty.

Now let’s consider the option of accepting an apartment in a new building with preliminary finishing. This type of delivery will require much more time, because the final finishing work remains to be completed to complete the repair. And if there was a significant defect, this stage will be difficult to complete, because it is easier to do it correctly from the beginning than to redo it for someone later.

There are a number of subtleties that the equity holder simply will not see due to lack of competence in construction. Therefore, it is better to involve an expert.

It is recommended to pay attention to the following characteristics when accepting:

the floor screed must be free of gross violations (waterproofness in the bathroom and soundproofing in the rooms, no depressions or cracks);
the walls are perfectly puttied until smooth and even (without any hills, cracks, scars);
the ceiling is primed and prepared for painting (just like the walls, check for imperfections);
the heating supply is back to normal and ready for operation (pipes and radiators must be checked for damage);
the risers are level, fixed with special fastenings to the walls, there are filters and meters;
the sewer system is in good working order, check for leaks (the plumbing at the joints is tightly secured);
ventilation is working (no construction blockages in the shafts), check with a light object that should be magnetic to the grille;
the electrical panel must comply with all technical requirements of SNIP;
check the serviceability of the power supply (connect some device to the socket, screw a light bulb into the socket);
check the serviceability of the doorbell, intercom;
make sure all types of communication are in order;
if Internet and TV are provided, then you need to make sure that the appropriate cables are available and that they are in good working order;
doors and window sashes should open without difficulty and should not move spontaneously;
jambs and slopes are smooth, without curvature;
presence of window sills;
entrance and room doors without damage.

When accepting a turnkey apartment, the new owner will only have to furnish it and move in with all his belongings. In this situation, it is necessary to inspect the living space especially carefully.

Floor and wall coverings, ceiling painting, electricity and water supply, electricity, gas, telephone, fire protection system and much more are inspected. etc., that is in the apartment, down to the smallest detail.

In addition, it is necessary to go through everything according to the lists indicated above, when accepting without finishing work and in the absence of final repairs.

At first glance, everything may seem perfect, since it’s new and fresh, but it’s better to invite a specialist in apartment renovation work so that you don’t have to redo something at your own expense later.

Instructions

You should carefully prepare for inspecting the apartment before accepting it . It is recommended to take with you tools to assess the quality of construction:

Paper for notes.
Pens and pencils.
Flashlight.
Roulette and level.
A lighter or matches to check the draft and operation of ventilation systems.
A camera with sufficient charge and a free memory card.
To check the electrical network - a screwdriver with a voltage indicator, a light bulb and some electrical device to check the operation of the sockets.

A thorough inspection of the apartment during acceptance will significantly reduce the likelihood of discovering unpleasant surprises in the future.

Features of the procedure:

It is recommended that the inspection be carried out exclusively during the daytime.
Take a photo or write down the numbers of water, gas and electricity meters. In the future, these numbers will need to be checked with those indicated in the documents.
The developer undertakes to carry out repair work to eliminate identified construction defects within 5 years from the date of putting the house into operation.
Monitor the process of repair work to eliminate the violations specified in the inspection sheet. This will avoid damage to those surfaces that have already been accepted based on the results of the initial inspection.
If the shareholder cannot independently check the condition of any systems, he must record this in the inspection sheet and explain the reasons.

What to look for during inspection?

When accepting an apartment with a rough finish, you need to pay attention to the following points::

Integrity of the surfaces of interior doors and double-glazed windows.
Technical serviceability of locks.
The angle of the walls (should be exactly 90 degrees).
Levelness of the floor.
No mold. It's best to carefully inspect the corners and the bathroom.
The ventilation system is working properly. You can check this by leaning a sheet of paper against the hood or by holding a lighter to the ventilation grille.
Serviceability of the internal electrical network.

Inspecting an apartment with a fine finish takes much more time, since there are much more nuances that are worth paying attention to:

Floor screed . Pay attention to the presence of cracks, evaluate the waterproofing of the bathroom.
The walls must be level, without bumps or depressions.
The ceiling is primed and ready for paint.
Serviceability of the heating system . Pay attention to the condition of the batteries and pipes; they should be free of rust and leaks.
Sewerage serviceability . The risers must be fixed and leaks are not allowed.
Ventilation should function normally.
The jambs must be even.
Doors and windows open freely.
The electrical system should work normally.

In order to inspect all systems in detail, it is sometimes better to hire professionals who can immediately notice all the shortcomings in the apartment and correctly list them in the acceptance certificate.

Options if you find any shortcomings

If defects were identified during an inspection of the apartment, the shareholder may proceed as follows:

Agree with all detected shortcomings and sign the acceptance certificate of housing.
Sign the transfer and acceptance certificate, requiring:
Reduce the cost of the apartment under the contract in proportion to the existing defects.
Compensate for the payment of work to eliminate deficiencies by third parties.
Do not sign the deed until the developer has eliminated all the deficiencies described in the inspection sheet. At the same time, a penalty is calculated equal to 1/150 of the refinancing rate. The transfer of the apartment and delivery of the keys is postponed until all the described defects are corrected.

Inspection of the apartment is an important point when accepting residential premises , since it is before signing the acceptance certificate that you can correct all the shortcomings at the expense of the developer.

If you find an error, please select a piece of text and press Ctrl+Enter.

Typical defects of new buildings

Why can you so often find the phrase in advertisements for the purchase of an apartment: “The first and last floors are not offered”?

Very often we have to deal with the problem of low-quality roofing, which makes itself felt over time. Also, if the wall insulation is not properly insulated, corner apartments on the top floor freeze through and through in winter, and fungus appears inside. If you do not pay attention to this when accepting living space, then it will be very difficult to eliminate this shortcoming in the future.

The problems of the first floor are associated with the low level of waterproofness of the floor. In the future, this will result in dank dampness and the appearance of mold. To get rid of these defects, a number of far-from-cheap measures will be required. Therefore, it is in the interests of the equity holder to immediately identify vulnerabilities.

The cause of dampness can also be the slabs themselves, which before the construction of the house were exposed to snow or rain for a long time and collected enough moisture, which then becomes discomfort for the residents for many years. You will need to make holes in them before finishing work to allow the water to evaporate.

The builders' shortcomings also include violation of the sealants of balcony and window coverings.

If the calculations are inaccurate, a violation in the ventilation systems leads to stuffiness in the room. If there is no rarefaction in them, frozen air enters the room in winter and hot air in summer. Correcting such miscalculations is extremely problematic and expensive.

What documents to take to a meeting with the developer?

In order for the apartment transfer acceptance certificate to be signed under the share participation agreement, all shareholders must be present at the meeting with the developer. All participants are identified in the agreement. Therefore, in the absence of at least one of them, the law does not give the others the right to sign the document.

If one of the participants cannot come for a good reason, due to illness, geographical distance, he is obliged to ensure the presence of a guarantor with a notarized power of attorney. Notify the developer about this in advance so that he can make appropriate amendments to the act.

Sample act of acceptance of an apartment in a new building

There should be two meetings in total. For the first one, the shareholder must take with him the agreement and payment receipts for reliability. Typically, the participant will receive a letter by mail stating the time and date of this meeting. Some companies communicate via SMS or phone call.

At this meeting, the time and date for the second meeting are set. It will take place directly in the host apartment itself. In addition to the original agreement and receipts, civil passports of the shareholders will be required.

Remember, under no circumstances should you endorse any documents before you personally inspect the house and apartment. Possible disagreements may also arise between future residents. As soon as the acceptance certificate for the transfer of the specified apartment is signed, and there is no inspection sheet about existing defects in the new building, no statements or complaints are taken into account.

Drawing up and execution of the act

Since Russian legislation does not have a uniform form for the act of acceptance and transfer of real estate to the buyer, the only guidance for the parties in this case is judicial practice.

In connection with the precedent developed by the courts, this document should display the following information:

place and date of signing the document;
detailed description of the property;
cadastral coordinates of the apartment;
the condition of the housing at the time of acceptance from the seller-developer (displayed in the inspection report);
details of the purchase and sale agreement (an acceptance certificate is attached to it);
photo of the property (optional);
addresses and other personal data of the developer and client;
signatures of both parties to the agreement.

Remember that by the time the client accepts the apartment, it must be accepted and approved for use by the state commission.

If the transfer of a new apartment to a shareholder from the seller-developer occurs in the presence of witnesses, then the deed includes paragraphs with their passport data. In the event of a conflict between the parties, the testimony of such witnesses will have great weight in the judicial authorities.

Checklist for acceptance of an apartment in a new building

When receiving the acceptance certificate, you need to make sure what is indicated in it.

The information should be as follows:

What address is the building located at?
Indication of apartment number.
After measurements are taken, the price is approved.

Simultaneously with the above-mentioned document, the shareholder receives an apartment inspection report, in which he must note all the shortcomings, breakdowns, and violations. This document specifies the period during which the developer undertakes to correct the defects using his own resources and resources.

Checklist (inspection) for acceptance of an apartment in a new building

It should be noted that all complaints must be adequate and based on facts. It is better to do this with the assistance of a qualified specialist. If the shareholder decides to do this on his own, then an acceptance and inspection certificate can be issued.

The apartment is accepted only after the building is approved by the state commission. In the future, it is necessary to register rights to property in Rosreestr.

Step-by-step instruction

Knowing the procedure for accepting an apartment can save both time and money. After all, it is better to spend them on more useful things than on remodeling and correcting defective builders.

So, in order step by step:

Arm yourself with a notepad or notebook, writing instruments, a flashlight, a lighter or matches, a light bulb, a measuring tape, an electrical tester, a camera or a video camera.
Identify deficiencies and add them to the inspection sheet. It is necessary to inspect the living space only during the day. What to pay attention to when inspecting an apartment, see above in the section “Peculiarities of accepting an apartment under the DDU.”
Write down the readings of the water (in the bathroom) and electric (on the floor) meters. Later, these numbers will need to be checked with the issued documents, which indicate the readings of water and light.
Do not lose sight of the fact that the developer under the DDU is obliged to comply with warranty obligations for 5 years in accordance with 214-FZ, Article 7, Clause 5 of December 30, 2004. (as amended on December 31, 2017)
Observe how secondary work is carried out on identified defects. It may happen that by putting one thing in order, another is destroyed, which has already been accepted by the act. In this situation, you cannot do without the help of a competent lawyer.

What is indicated in the act besides the shortcomings?

If the receiver was unable to observe something, for example, fire-fighting devices or a ventilation shaft, then in this case he must record this information in the act of acceptance of the transfer. The reason is explained in writing that such and such an object was not inspected for serviceability due to the impossibility of doing this due to a lack of funds.

Documentary part of apartment acceptance

Before signing documents for the transfer of housing, you need to clarify some important points:

availability of documents confirming the acceptance of the house by the state commission;
does the house have a postal (police) address, or does it still have a construction address, which was appropriated during construction?

What is needed to accept an apartment:

act of acceptance and transfer;
inspection sheet (for deficiencies).

Basic information about the apartment in the transfer and acceptance certificate:

cost of the apartment (based on actual measurements);
number and actual area of the apartment rooms;
house address (postal address).

Other important details that the equity holder must take into account when accepting his home.

Deadline for handing over the apartment after commissioning

The contract must clearly state the deadline by which the company must transfer the apartment under the DDU. Delay will result in payment of a fine.

The period of time specified in the contract means when the developer receives approval from the authorities to use the building for residential purposes (Article 55 of the Civil Code of the Russian Federation). For example, if it is indicated that the right to put a house into operation is assigned in the third quarter of 2018, then September 30, 2021 should be considered the deadline. Even with a slight delay (one day), a penalty is imposed on the developer.

It happens that a company is limited in time because it receives consent shortly before the final delivery date. There is a rush to sign the deeds and hand over the keys to the apartment.

But this does not mean that the recipient of his square meters should quickly agree to everything, despite some gaps and shortcomings in the accepted living space. In this case, you also need to carefully check everything and fill out a report if violations were identified.

And if there was still a delay, and these shortcomings were not eliminated before the date of acceptance/transfer indicated in the document, then the shareholder also has the right to demand payment of a penalty.

Inspection sheet

Before signing the acceptance certificate for the apartment, it should be inspected, including with the participation of an invited specialist. The results of the inspection are recorded in a separate document - an inspection sheet, where all the identified deficiencies of the apartment are sequentially entered.

The absence of an inspection sheet will be considered a lack of claims, which means that from the moment the transfer and acceptance certificate is signed, the shareholder acknowledges that the developer has fully fulfilled his obligations. As a result, it will be impossible to demand elimination of deficiencies after this.

Fixing the defects of the apartment in the inspection sheet entails the obligation of the developer to eliminate the identified defects of the apartment or compensate for them by reducing the cost of the apartment.

The most common types of defects include:

any surface defects - walls, ceiling or floor;
defects in glazing of windows, balcony doors, balconies and loggias;
functional defects in the heating system, water and gas supply, electricity supply and sewage system.

Any of the identified defects, at the discretion of the shareholder, may be grounds for refusal to sign the apartment acceptance certificate. However, based on the results of the inspection, you can come to an agreement with the developer to eliminate the deficiencies within a certain time frame and sign a transfer and acceptance certificate. The main thing is that the defects are recorded.

The inspection sheet is filled out in two copies - according to the number of inspection participants.

Protecting your own rights when a serious defect is discovered

So, we found out that the main document in which the future owner records all the defects he discovered in the accepted living space is the inspection report. If the claims are adequate and justified, then the construction company is obliged to correct everything. A deadline has been set for “working on mistakes.” It is one and a half months.

The act is filled out in two copies and handed over to both parties. If there is no action from the developer, then the shareholder has a significant reason to resolve the problem in court. You can proceed as follows.

Here are 4 versions of actions:

Within 45 days, the construction company puts the living space in order in accordance with the claims presented, indicated in the act.
The owner of the apartment independently carries out repair work at the expense of the developer.
The cost specified in the DDU is being revised. The owner pays the company less, and the difference covers the renovation of the apartment.
If a significant defect is discovered that cannot be eliminated or the developer refuses to correct the defects, the shareholder has the right to demand a full refund. Payment must be made within one and a half months from the date of registration of documents.

And yet the fourth version is doubtful. The thing is that the price of real estate is growing “by leaps and bounds.” And the terms of such a deal could last for a whole year. And with the money that the failed investor returns, he will no longer be able to purchase real estate with the same parameters from another developer.

For what deficiencies can you not sign documents?

Before signing the acceptance certificate, you need to understand that there will still be shortcomings. It is impossible to carry out a job of this magnitude perfectly, even if those builders were even a hundred times masters of their craft. Another question is how serious these violations are.

In order to assert his prerogatives to obtain top-notch work from the developer, the allottee must be guided by these laws that protect his rights.

214-FZ “On participation in shared construction”;
Law No. 2300-1 “On the Protection of Consumer Rights” dated February 7, 1992;
Article 12 of the Civil Code of the Russian Federation.

Symbolically, defects can be divided into 2 types: gross and minor.

Gross violations are when the apartment does not have conditions for normal living. For example, non-functioning sewerage, lack of electricity, window slopes are made in violation of dimensions, and therefore the wind blows through the apartment.

If even one such defect is detected, you should not endorse the document for acceptance of the living space. All these shortcomings are included in the checklist. Only after these violations have been corrected by the developer, is it permissible to sign the necessary documents with the date fixed, and can the apartment in the new building be accepted according to the act.

Minor – defects that do not impede living conditions.

These include:

carelessly plastered walls with small depressions;
broken handle on the door to the room;
scratches on the glass.

In this case, you can sign the acceptance certificate at the discretion of the future tenant, if he does not want to delay the process of transferring the property. But it is still recommended to include minor defects in the inspection report.

Available methods for registering real estate in the Unified State Register of Real Estate

What to do after accepting an apartment in a new building? Register ownership of real estate. Available methods:

directly through Companies House;
At the MFC. If a particular city provides electronic registration, you can book a specific time. MFC employees do not check the correctness of filling out documents, the presence/absence of encumbrances and other possible reasons for refusal of registration. Their task is to accept documents and transfer them to the Chamber. Accordingly, the total review period is increased by 4 working days;
Via Russian Post with a description of the attachment. The post office employee checks the documents and seals the letter. Taking into account the timing of delivery across the country, the process of receiving a response may take several months;
Through the intermediary of banks. In particular, Sberbank has provided a special service for sending documents for registration in electronic format. Read more in the article - Pros and cons of electronic registration of a transaction in Sberbank

Recommended article: Mortgage secured by existing real estate

There are 5-9 days to check and carry out the procedure. If deficiencies are identified, the documents are returned to the applicant indicating the reason for the refusal.

Important! Documents for the same reason cannot be returned for correction twice.

How defects are corrected

In rare cases, a construction company begins to challenge the inspection report, which indicates deficiencies. It is in his interests, after clarifying the details with the shareholder, to begin eliminating them as quickly as possible. The developer either takes on the work himself or engages contractors. There is an option that the shareholder himself will do the repairs at the company’s expense if the parties come to such a decision together.

In any case, it will take time. And if we are talking not about one apartment, but, say, a hundred, then the time frame will be up to a month. If about five hundred, then 2 months or more, despite the certain period of time established by Law No. 2300-1 “On Consumer Rights” - up to 45 days. It’s just not physically possible to do this before.

Only after the acceptance certificate is signed, the ceremonial moment of handing over the keys to the new owner of the apartment is possible. Until this moment, the developer must do everything possible to bring it closer. As soon as the work is completed, the living space is inspected again by the shareholder.

How to get a penalty for violation of deadlines for handing over a house

We should also not forget that the future owner still has the right to receive a penalty associated with violation of the housing delivery deadlines.

On our website you can also find a sample of how to properly file a claim. It can be sent to the developer by registered mail with notification and a list of attachments. And also print out two copies and submit to the company office in person.

They are marked with the number of the incoming person and are certified by the secretary with a seal recording the date, month and year. The contractor must give a written response within ten days.

In the future, events may develop as follows. Let’s assume that the company itself offers a certain price. But no matter how cheap it is. It is better to calculate the compensation provided by law in advance online using a calculator for calculating penny for DDU. The key rate is specified on the Central Bank website. If you are at a loss, you should contact a lawyer directly.

Answers to frequently asked questions

Of course, there are many difficulties in obtaining an apartment from a developer. In this regard, a number of questions arise about what to do in certain cases. The reader will find information in the form of solutions to the assigned problems in this section.

The main topics are related to unilateral acts, state subsidies and redevelopment of living space before obtaining the right to an apartment.

There is a legitimate way out for any turn of events. Let's take a closer look.

What to do if the developer has issued a unilateral deed

In accordance with Article 8, paragraph 6 of 214-FZ, a unilateral act can be drawn up by the contractor after two months from the date of the deadline for delivery of housing specified in the contract.

This applies to the case if a participant in the DDU refuses to accept the living space without explaining the reasons and without drawing up an inspection report. And also if the shareholder continues to delay the signing of the acceptance/transfer act after the contractual date in the event of the indicated unfounded shortcomings in the document of detected defects.

The developer has no other authority to draw up a unilateral property transfer document. It is necessary to challenge the unlawful actions of a construction company in court.

CAREFULLY! Acceptance of living space under this act with registration of rights to own the property will mean that the shareholder agrees with the conditions set by the developer. The accrual of penalties and work to eliminate deficiencies stops, since the housing is considered accepted by law.

How to get an apartment in shared construction with a state subsidy

Users of housing state projects that are aimed at improving the amenities of a certain group of people have the right to receive an apartment in a new building under the DDU, using a subsidy.

To do this, the certificate holder will need to submit the original of the government housing loan agreement and a list of appropriate documents for the financial organization in which the state must establish a special account for the participant in the state program.

The DDU states that the shareholder will receive an apartment under state subsidies. As soon as the agreement is signed and registered by the Federal Registration Service, its original is transferred to the bank. At the appointed time, the money will be transferred to the shareholder’s account.

Is it possible to redevelop the living space before taking ownership of the property?

Redevelopment can be agreed upon with the administration only after obtaining the right to own residential real estate. And by this moment the house should be put into operation. However, there are some restrictions and prohibitions on violating the building structure.

To obtain the appropriate permit, you will need a basic package of documents that must be submitted to the executive and administrative body:

application/petition;
redevelopment project;
extract from Rosreestr on real estate ownership;
consent from all residents living in this apartment;
technical passport from the BTI on the cadastral measurements made.

The project can be approved or rejected within 45 days after submission of documents. If the answer is positive, BTI workers must take appropriate measurements, make sure that the reconstruction is carried out according to the project and endorse the act responsible for this.

After this, it is necessary to go through a number of procedures related to the administration’s approval of the preservation of the apartment in a redesigned form and the re-registration of technical and cadastral documents.