When the shareholder signs the deed, he confirms that he has officially accepted the apartment. After signing the deed, you can move into the apartment and do repairs.
The acceptance certificate is signed last. Signatures under the document mean that the parties have fulfilled their obligations.
The act is signed after the house has been accepted by the state commission, the property has been assigned an address, and PIB specialists have taken measurements and filled out the form.
At first glance, everything seems simple. You need to sign the standard deed form and sign. But in practice problems arise.
Please note that the acceptance certificate must include all basic information about the object. Defects in the work must be written down in the report and the time frame within which the developer must eliminate the deficiencies must be indicated, a claim must be made and submitted to the developer’s representatives. Otherwise, it will be difficult to prove that building codes were violated.
Information without which it is impossible to draw up an acceptance certificate:
- Information about the main agreement. You must indicate the number and date of signing the agreement;
- Date and place of acceptance of the object;
- Information about the parties. It is necessary to indicate the surname, first name, patronymic and passport details of the shareholder, and register the details of the construction company;
- Indicate the house address and apartment number assigned to PIB;
- Brief description of the premises;
- Actual and final area of the apartment;
- Transaction amount;
- Information about the absence of debt on utility bills.
It is imperative to indicate whether the parties have claims against each other. After all the information is specified, the act is certified by the signatures of the parties.
The acceptance certificate can be supplemented with other items. The terms of the agreement must not violate the law.
The act is drawn up in three copies:
- one copy remains with the developer;
- the second copy remains with the shareholder;
- the third copy is submitted with a package of documents to the Rosreestr branch for registration of the transaction.
Be careful if the document is signed not by the developer himself, but by an intermediary. Do not sign until you are shown a copy of the act stating that the contractor himself received the housing. A deed signed by the contractor is needed to register ownership.
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When is it compiled?
After putting the house into operation and its acceptance by the state commission, shareholders must carry out an inspection of the apartment, based on the results of which an act of acceptance and transfer of the object and an inspection sheet (defect sheet) will be drawn up if defects and deficiencies have been identified.
The main purpose of the document is for the shareholder to record those defects that were made by the developer during the construction process.
The inspection sheet is being filled out:
- After acceptance of the residential building by the state commission (60 calendar days are allotted for this from the date of commissioning).
- On the day of handing over the keys to the apartment to the shareholders.
- Immediately before drawing up the transfer and acceptance certificate of the apartment that is the subject of the contract.
Apartment inspection report: sample new building
- The shareholder fulfilled its financial obligations to the Company under Agreement No. 526/n, dated November 15, 2021, on equity participation in investing in the construction of a residential building at the address: Tver, st. Osnabrückskaya, building 30 in full the cost of construction of a 2-room apartment with building number 342, a total area (excluding balconies and loggias) of 55 sq.m., located on the 4th floor, building 3, for a total amount of 3,900,000 (Three million nine hundred thousand) rub.
- In fulfillment of its obligations under the above Agreement, the Company transferred, and the Shareholder inspected and accepted the above apartment in a condition consistent with the terms of the Agreement.
- The shareholder confirms that he does not have any complaints regarding the condition of the apartment, including the quality of construction.
- The parties confirm that they have no financial, property or other claims against each other in relation to the Agreement.
- This Act is an integral part of the above Agreement.
- The signed Act is a document giving the right to move into the above apartment. The keys to the apartment were received by the Shareholder upon signing this Deed.
- This Act is drawn up in three copies having equal legal force.
- Information about the main agreement. You must indicate the number and date of signing the agreement;
- Date and place of acceptance of the object;
- Information about the parties. It is necessary to indicate the surname, first name, patronymic and passport details of the shareholder, and register the details of the construction company;
- Indicate the house address and apartment number assigned to PIB;
- Brief description of the premises;
- Actual and final area of the apartment;
- Transaction amount;
- Information about the absence of debt on utility bills.
Laws protecting the rights of shareholders
According to Article 12 of the Civil Code of the Russian Federation, shareholders must inspect the apartment and draw up an act of acceptance and transfer of housing. If the subject of the transaction is an apartment in a new building, it cannot be included in the text of the purchase and sale agreement; it must retain the format of a separate document.
Federal Law No. 214 of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate objects” also confirms the need to draw up an acceptance certificate and draw up an inspection sheet in case of detection of defects.
It also outlines the deadlines for acceptance - the procedure must be carried out no later than seven days from the moment the house is put into operation. The developer is obliged to notify all shareholders in advance about the completion of construction .
A real estate purchase transaction must be registered with Rosreestr, and according to the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” the transfer and acceptance certificate is included in the list of required documents. 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”. In this case, the inspection sheet is evidence of a violation of the citizen’s rights.
Apartment inspection report sample new building
For some would-be builders, the apartment they build may be very different from the one shown in the plan, the rooms may change places, walls and passages may appear or disappear, etc. In other words, it is easier to build again than to fix something fancy. Here, Law 2. 14-FZ leaves no options: In the event of a significant violation of the quality requirements for a shared construction project or failure to eliminate identified deficiencies within a reasonable period established by the participant in shared construction, the participant in shared construction unilaterally has the right to refuse to fulfill the contract and demand a refund from the developer and payment of interest in accordance with Part 2 of Article 9 of this Federal Law. Terminating the contract and returning the money paid for the apartment, even with interest, is an extreme case. If correcting the defects will be too expensive, or it is completely impossible, and you categorically refuse to accept the apartment as is, then the developer himself may offer to return the money. But you will have to sue for interest. Because in this case, the developer will have to pay interest for the entire time that the money was at his disposal: The specified interest is accrued from the day the participant in shared construction contributes funds or part of the funds towards the contract price until the day they are returned by the developer to the participant in shared construction.
The shareholder is not satisfied during the inspection of his new apartment. Acceptance of an apartment in a new building implies compliance with simple Important points when inspecting an apartment; Where to look for constructive and A sample of a standard acceptance certificate is available for download here.
Content
- A complete list of detected defects in the apartment with links to SNiPs.
- Time frame for eliminating identified deficiencies.
- List of persons responsible for eliminating deficiencies.
SNIPs that must be referenced
All deficiencies found in the apartment must be confirmed, otherwise the developer has the right not to take them into account and, accordingly, not to correct them. The developer will not accept unfounded claims , so you should rely on SNIPs and other acts of state standardization.
A full list of SNIP requirements for the inspection sheet can be found here.
Apartment inspection report sample new building
Window sashes should not be skewed. Window fittings must be intact and without damage. To check the tight fit of the sashes, you can insert a strip of paper between the window sashes and close them. The paper should not be pulled out from under the closed flaps. The cracks must be treated with sealant.
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The paper should “stick” to the vent due to traction. Electrical wiring and electrical appliances. We carefully connect our socket with a light bulb to the wires in the ceiling (if there are no sockets there), flip the switch, and check if the light is on in each room, hallway and kitchen. We check the functionality of each socket using a screwdriver with an indicator (indicates the phase), or using a phone charger. When the toggle switches are turned off sequentially, the electrical circuits in the apartment should be turned off one by one. The “Test” button on the RCD allows you to manually turn off the network and check its operation. This will be useful to us for subsequent repairs.
What to do after the document is completed?
The inspection sheet drawn up during the acceptance and transfer of the apartment is drawn up in two copies and must be registered in the developer’s office management department.
After drawing up the inspection sheet, the shareholder can sign the apartment acceptance certificate, which will mean the actual transfer of the property to the owner, who from that moment assumes responsibility for its maintenance.
If for any reason the developer fails to fulfill his obligations to eliminate the defects listed in the inspection sheet, he will be held liable in accordance with Federal Law of the Russian Federation No. 214.
How to eliminate defects in a new apartment
- File a claim and contact the developer with it. The claim is drawn up in two copies in free form, indicating a list of shortcomings and requirements.
- If the developer has not responded to the complaint, it is necessary to conduct a construction and technical examination at the expense of the apartment owner. Cost - from 20,000 ₽. The examination will help determine the cause of the defects. With the results of the examination, you need to contact the developer company again.
- If after the examination the developer does not act, it should proceed to trial. It is necessary to prepare a statement of claim to recover the cost of eliminating the defects. The claim is filed in court at the place of residence or location of the developer.
If the developer tries to sign the acceptance certificate before re-inspection or talks about eliminating missed defects after the apartment is delivered, don’t be fooled. It is in the interests of the construction company to transfer the apartment as quickly as possible. This is due to the fact that for each day of delay you are entitled to a penalty.
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:
- Eliminate deficiencies within a reasonable time frame.
- 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.
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What should you check when accepting an apartment in a new building?
- Entrance and staircase.
- Doors and windows of the apartment.
- Floor, walls, ceiling.
- Ventilation.
- Electrical wiring and electrical appliances.
- Water supply and sewerage (Plumbing).
- Heating and thermal insulation.
- Finishing (if the apartment is rented with interior finishing).
What are "apartments"? How are they better than a regular apartment? Or worse? See the note at the link.
Commissioning of housing
Notification is made two weeks (usually earlier, since delays are too common) before the completion of construction; participants in contractual relations (not only actual shareholders) are invited to accept apartments and identify construction deficiencies. It is necessary to inspect and accept the housing within the period established by the contract. When the deadlines are not determined in advance, the owners are given up to seven days to approve the act.
If the future owner is not satisfied with the result of the work performed or the deadlines for delivery of the object are violated, then the certification of the document on the transfer of rights will not take place. The shareholder may (must, if really interested) require the construction organization to prepare and sign an inspection report, in which they indicate the problems found, and agree on a time to resolve the problems. After this procedure, interested participants in the procedure are re-invited to evaluate the results of defect correction. When everything is corrected properly, the procedures are formalized in full. As a general rule, the result of the procedure includes:
- time and place of inspection and registration;
- information of the parties;
- characteristics of the premises;
- address;
- description of the condition.
When signing this document, you should indicate that there are no claims.
Usually, during an inspection, the signature of the future owner is considered important; confirmation from the construction organization is often not expected and is a violation of current legislation.
The developer does not take responsibility (and this is his responsibility) for eliminating shortcomings and the process of improving the situation stretches out for a long time.
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Practice of preparing acts
To avoid additional difficulties during registration, the legislation provides for the following:
- document options;
- A standard sample of the acceptance certificate is proposed.
- the ability of the parties to challenge the facts and protect their interests.
When registering housing, you need to pay more attention to the completeness of the package of papers and the correct completion of each document. Usually people strictly monitor the papers and transfer of money, but do not pay due attention to the written procedure. But the latter is essential for obtaining the right to own a real estate property.
If there is no documentary evidence: established practice and current legal norms determine that the developer is responsible for the real estate, because the shareholder has not assumed ownership of the property. For a shareholder, an APP is necessary, especially if housing was purchased in a new building.