How to accept an apartment in a new building. We sign the act of accepting an apartment in a new building - important nuances. Apartment with a rough finish

Doesn't each of us dream of owning our own home? You have to live in it long years, so you need to approach the choice of option responsibly. If you have chosen an apartment in the primary market, it has a guarantee. It is important to correctly carry out the acceptance procedure from the developer and be aware of your rights. We will understand the features of receiving housing with a fine finish, located in a modern new building.

Turnkey finishing: what is it

If you decide to buy an apartment in a newly built house, then you have two options for finishing: turnkey and rough. In the latter case, you will get bare walls, which you can independently repair to your own taste. It is easier to accept such housing, since any flaws during construction are immediately visible on the walls that are not pasted over with wallpaper.

If you have chosen the turnkey option, then after receiving the finished apartment, it will be possible to celebrate housewarming almost immediately. The quality of the final finish lies entirely with the builder. Please note that low-cost materials are used for housing in a new economy class building. It is important to check that the finish is of high quality.

When is the best time to rent an apartment?

By law, housing can be accepted within a week after the house is put into operation. However, it is not uncommon for cases when visually an apartment in a new building is ready, and the future owner is invited to sign the act only six months later. This is due to bureaucratic problems. For example, you can accept an apartment only after the completion of the work of the employees of the Bureau of Technical Inventory.

If you decide to buy housing in a new building, then it is best to choose options that will be rented out at the end of summer. An apartment, especially with a turnkey finish, is best taken at a time when the heating supply is turned on. Please note that at that time the following should already be working in the house:

  • water;
  • electricity.

If these communications are not submitted, then the act should indicate that you cannot accept the apartment due to lack of technical capabilities. Remember that in the event of any claims against the developer, it is important to find a compromise, you should not follow the principle.

Quality control of walls, ceilings and floors

Finishing housing in a turnkey new building is not bad because wall defects, even if they have inexpensive wallpaper, will be very clearly visible. But you should not trust only your eyes, you can accept housing only after the following procedures:

  • using a plumb line, check the quality of the walls;
  • measure the height of the ceilings with a tape measure (the allowable difference in different rooms is up to 5 mm);
  • make measurements on the plane of the ceiling and floor using a laser level.

When finishing on a turnkey basis, you need to pay attention to how the material is laid:

  • wallpaper should be placed with the same pattern, without bubbles and folds;
  • tiles - tightly fitted to each other, be firmly glued, with worn seams;
  • if the walls are painted, then the enamel layer should be even, without streaks and stains.

To determine the quality of the tile laying, you can tap the tile, so you can determine the voids. In rooms with turnkey finishing, flooring must be installed. When visiting the apartment, pay attention to the following points:

  • walk on the floor - it is important that there is no creak;
  • linoleum joints must be sealed;
  • according to the norms, laminate or parquet boards are placed tightly (a small expansion gap can only remain against the wall);
  • there should be no bulges on the coating;
  • the presence of fixed skirting boards around the perimeter;
  • it is important that thresholds are installed between the rooms.

Pay attention to the quality of the ceiling covering - it should not have leaks, voids and drops at the joints of the plates.

In almost every new building, you can find an apartment with defects in the walls or ceilings. If you do not notice the builders' mistakes when accepting housing, then you may need to correct them later a large number of money and time.

How basic communications should work

If you want to avoid an unpleasant surprise in winter, try to take over accommodation during the heating season. You will need to check: the heating of the radiators and the performance of the temperature controllers. Pay special attention to the junction of radiators with pipes - there should be no smudges.

In a modern new building, it is important first of all to check the sewer system. Indeed, due to errors in laying pipes and sealing gaps, it will simply be impossible to enter the apartment due to a foreign and very unpleasant smell. The tee for connecting the washing machine should be located no higher than five centimeters. Otherwise, you will have to set the machine on a podium to ensure the correct slope of the runoff.

Kitchen and bathroom faucets should open easily and not drip. It is important that the opening pressure is normal. Pipes according to the rules are strictly vertical? Check them with the building level. Pay attention to the work of insurance taps and drains. After checking for pressure under sinks and toilets, the floor underneath them should remain dry. Sinks must be free of defects, also check their quality of fastening. Meters - sealed during installation. Write down the readings of all metering devices before accepting an apartment.

Features of the power supply check

Before taking over the premises, please note that low voltage in the sockets and improper design of the power supply can worsen the quality of life. To check the performance of the outlets, you can connect a mobile charger to each of them. The voltage level is checked with a voltmeter. The following parts are required in the introductory electrical panel:

  • counter;
  • circuit breaker;
  • device for shutdown in case of overload.

If an apartment with a fine finish was equipped not with a gas, but with an electric stove, check whether the wiring can handle its operation. To do this, set the oven and two burners to heat up. If gas is to be used in a new building for cooking, it is important that there is no smell of gas in the room, the flame is even and without soot.

To check the performance of the cartridges, take a light bulb with you and screw it into each one in turn. All deficiencies found reflect in the act and the inspection sheet.

Check ventilation and glazing

You can often find complaints that ventilation does not work in a new building, so it needs to be checked after inspecting the walls, ceiling and floor. To check, you will need a piece of paper and a lighter:

  • paper placed on the ventilation mesh should stick to it;
  • ideally, the flame of the lighter is deflected towards the outgoing air stream.

If mistakes are made in the design of a new building, the air will not be drawn out, but, on the contrary, will enter the apartment. Any finish, including turnkey, implies the presence of double-glazed windows, in the maximum configuration they are also installed on the loggia. You need to check:

  • how evenly installed double-glazed windows;
  • whether they are securely fixed in the openings (the gaps must be filled with mounting foam);
  • there are no chips or cracks on the glass;
  • run your palm along the perimeter of the frame to eliminate gaps and drafts;
  • the number of cameras must correspond to the declared one (light a match - how many times the flame is reflected in the glasses, so many cameras are in the package);
  • sashes should open easily and close tightly;
  • accessories - hold tight;
  • check the level of the slopes - they should be even;
  • when the shutters move, the glass does not rattle in them.

In a new building, inexpensive models of exit doors can be installed, but they must be in working order. Otherwise, you run the risk of not locking the apartment one day or not getting into it.

Features of paperwork

Before accepting an apartment, check the availability of documents from the developer. On hand he should have:

  • on the acceptance of the house by the state commission;
  • on assigning a postal address to the new building.

All defects found are entered into the inspection sheet, and the procedure ends with the signing of the acceptance certificate. It must contain:

  • passport details and full name of the shareholder;
  • details of the developer;
  • footage;
  • the exact address;
  • a list of comments indicating the deadline for corrections;
  • warranty obligations (according to the law, the apartment is valid for a period of 5 years);
  • description of the condition of the apartment (in this paragraph, it is important that the type of turnkey finishing be indicated);
  • date and place of compilation;
  • data on cash settlements (an optional item, this area of ​​​​relationship between the equity holder and the construction company may be regulated by a separate agreement).

Relations between the developer and the future owner are regulated by Federal Law No. 214, according to which, in the event of defects found, the following measures can be taken:

  • elimination of defects;
  • a change in the value of the apartment down;
  • elimination costs.

If defects are found, even relating only to turnkey finishing, the act should not be signed. After you endorse it, it will legally be considered that the construction company has fulfilled all its obligations, and the quality of housing in the new building corresponds to the declared one. You will no longer be able to file claims for these shortcomings.

If your house is built in accordance with Law No. 214, then the apartment will have a five-year warranty. However, it is easier to prove the developer's guilt at the time of receiving housing.

Acceptance of an apartment with a fine finish from the developer: Tips to help newcomers

So, you become the owner of an apartment in a new building. Before accepting an apartment with a fine finish from the developer, both parties are required to sign a special document - an act of acceptance of the transfer of the apartment. Before signing it, you still have the opportunity to identify and eliminate all shortcomings. Which corners should be given special attention?

What is a clean finish?

Fine finishing is an option when the apartment is fully prepared for a housewarming. All construction and finishing works have been completed, plumbing equipment has been installed, communications have been carried out. That is, it remains only to bring furniture into an apartment in a new building and start living and living.

However, as practice shows, the quality of the final finishing of the apartment lies entirely on the conscience of the developer. Checking this quality is simply necessary for your peace of mind. So that in the near future you do not have to urgently change plumbing or fix crooked walls, when accepting an apartment, it is important to identify all defects to the maximum.

How to accept a new apartment with a fine finish?

Your task is to discuss (and write down) all the moments that do not suit you when accepting an apartment, while still on the shore. As a rule, developers provide guarantees, but it will be much more difficult to correct the shortcomings of the fine finish after signing the Agreement.

Detected flaws are carefully recorded in the inspection sheet. Remember that you have the right not to sign the act of acceptance of the apartment until all these shortcomings are eliminated. The second option - the acceptance certificate is signed, but an application is supported to it, where the defects are registered and the deadlines for their correction are indicated.

If the developer fails to correct these shortcomings, he is obliged to reduce the price of the apartment by an amount equal to your costs for the upcoming repairs.

Acceptance of an apartment in a new building: from floor to ceiling

inspect fine finish apartments are better during the day - during daylight hours, any errors are more noticeable. Don't forget to bring a pen and paper, a flashlight, a cell phone charger (or any other light electrical appliance), a light bulb, a stool, or a stepladder.

Inspection of the walls of the apartment

The walls should be even - this is easy to check with a level. The wallpaper is pasted without bubbles, the pattern matches at the joints. Surfaces with wallpaper for painting are uniformly painted, without stains and smudges. finishing ceramic tiles and panels are checked for damage, chips and cracks. The seams should be even, with grout. between the wall and facing tiles no voids. If you knock on the tiles, a sonorous and loud sound will give out their presence.

Flooring

The floors throughout the apartment should not creak. Under the floor covering there is a moisture and sound-proof substrate. Linoleum is laid evenly, without waves and swelling. The joints of the canvas (if any) are neatly sealed.

Laminate planks are tightly fitted to each other. A small gap is left between the wall and the laminate board according to the laying technology. Check for skirting boards all around. Places of transitions or height differences are covered with thresholds.

Ceiling inspection

Ceilings should be perfectly flat, without traces of leaks. If there is no level, use a long rail when accepting an apartment and attach it tightly to the ceiling tiles. The allowable difference is 2-3 mm. This is especially true for painted ceilings. Check the careful pasting of ceiling wallpaper.

Windows and doors throughout the apartment

Window frames and glass are checked for damage, scratches, cracks. There should be no blowing from the windows. To detect drafts, run your palm along the perimeter of the frame. Pay attention to slopes. Check the condition of the window fittings by closing and opening the window several times. The hinges do not dangle, the handles turn effortlessly. The number of chambers of double-glazed windows is considered simply: bring a lighter to the window - how many reflections, so many chambers.

Doors should close tightly - no warps, squeaks, cracks. Look at the seal, boxes and slopes, and also try all the locks on the front doors. Whole and clean, without stains, the glass of interior doors should not rattle when opened.

What else to pay attention to when accepting an apartment from a developer? Kitchen, bathroom

We move from the rooms to the kitchen and to the bathroom. In addition to finishing, it is necessary to check the serviceability of all appliances and equipment.

  • Connect the electric stove to the network: if it heats up in normal mode and does not knock out electricity, everything is in order. Gas stoves are checked for tightness of the hose connection, the absence of smell during the operation of the burners and an even flame when they burn.
  • Plumbing. Sinks in the kitchen and in the bathroom, toilet, bath must be stable, without mechanical damage. Check all pipes and wiring for tightness, absence of condensate, with special predilection - joints. Also check the operation of mixers and ball valves blocking water. Look at the sewer tees, the presence of a sufficient slope angle of the sewer pipe (otherwise the water will not leave well), water locks (the lids on them must be tightly closed, otherwise you will not get rid of unpleasant odors).
  • Electricity. The correct operation of the wiring can be tested by simultaneously connecting several powerful electrical appliances. All sockets and switches must be in place and in working order (verify this with a cell phone charger). Check all the cartridges by screwing in the light bulb one by one. There should be automatic devices (RCD) on the electrical panel.
  • Metering devices. Check the presence and operation of electricity and water meters. Make sure they are sealed and have access to take readings. Take and record readings.
  • Ventilation. In the kitchen, bathroom and toilet, air should be drawn out through the vents, and not vice versa. To assess the normal operation of ventilation, take an ordinary paper sheet or the same lighter - the flame should blow off towards the ventilation grill. Moreover, it makes sense to do this when all the drafts from the windows are finally eliminated.
  • Heating. Check heaters for leaks and damage. Batteries must be well secured. Test temperature controllers.
  • Do not forget to look at the loggia or balcony. Check the glazing and general appearance.

If at the time of admission there is no gas, water, electricity in the apartment, postpone or reschedule the procedure for signing the document. Which of the systems could not be checked? - Indicate in the act that the reason was the lack of technical capabilities.

How to fill out the act of acceptance of the apartment after the inspection?

Found defects are recorded in the inspection sheet (on both sides) and are carefully checked again after they are eliminated. When agreement is reached, 2 copies of the act of acceptance of the transfer of the apartment are signed - one copy remains with you, the other with the Developer.

At the time of signing the acceptance certificate, your house should be accepted by the state commission, and the BTI should take all the necessary measurements. The act is included in the package of documents required for registration of property rights in the registration chamber. He actually approves the transfer from the Developer to the Owner of all responsibilities for the maintenance of real estate. Further responsibility for the condition and safety of the apartment passes to you. Therefore, filling out the document must be taken seriously.

The act of acceptance of the transfer of the apartment indicates the following information:

  • date and place of compilation;
  • Your full name and passport details, full details of the Developer, the seal of the organization is required;
  • description of the object - address, footage, condition of the apartment that satisfies the customer;
  • a detailed list of claims indicating the terms of correction, after which the document enters into force; or a clause on the absence of mutual claims of the parties;
  • warranty obligations of the Developer;
  • in addition, the act of accepting an apartment may contain information on cash payments.

If, after accepting the apartment, you still need to carry out repair work, the section of the Catalog of building goods and services "Construction and repair" will help to order qualified services of masters.

Sourced from the Internet

Apartment in a new building with finishing

Each of us dreams of our own ideal home, in which it would be cozy and comfortable to relax in the evenings, receive guests, and arrange family gatherings. That is why you should treat the purchase of housing with maximum responsibility, especially in the primary market, since guarantees apply in this case. It is very important to know about your rights or study them before accepting an apartment from a developer with finishing, otherwise you will have to face an indefinite amount of trouble later.

More about turnkey finishing

Apartments in a new building can be divided into two categories. The first involves putting the apartment into operation immediately after the stage of rough finishing. In this case, you can independently select all the necessary materials, and carry out repairs based on your own preferences. It is worth noting that the flaws of the builders are much more pronounced here, since it is very easy to notice cracks, bumps and other shortcomings on bare walls.

Finishing "turnkey" from the developer

The second category is turnkey apartments from the developer. In this case, new settlers can move in almost immediately after the purchase, it is enough just to purchase furniture. However, it is much more difficult to detect flaws and imperfections than in the previous version. It should also be remembered that many developers are trying to save money by using poor quality materials for finishing, which may require self-adjustment of repairs.

Spacious apartment in a new building with finishing

According to generally accepted laws, the acceptance of an apartment from the developer can be carried out within a week after the commissioning of the house. However, this is only in theory. In fact, it often happens that the apartment is ready, and the owners are invited to sign all the necessary acts only after a few months. This delay is due to various bureaucratic checks and conclusions.

Advice! If you decide to buy an apartment in a new building, you should opt for those options that will be rented at the very end of summer.

It is especially important to take into account the delivery period of the house if you are purchasing a turnkey home. This is due to the need to check heating system. It is important to remember that at the time of delivery, the apartment should already be connected:

  • Water;
  • Electricity;

If for some reason these systems do not function, this should be noted in the acceptance certificate, since you cannot enter such an apartment due to technical imperfections. In the process of interaction with the developer, one should not follow the principle, because it is very important to find a compromise.

Of course, if you take a good look at the surfaces of the walls, even under the wallpaper you can see certain flaws. However, you should not trust only your eyes, and in the process of accepting an apartment from a developer with finishing, you must:

  • Determine the level and evenness of the walls by means of a plumb line;
  • In each of the rooms, the height of the ceilings should be measured. This is done using a tape measure, and it is important to remember that the allowable difference in the height of different rooms should not exceed 5 mm;
  • The laser level is useful for measuring the plane of floor and ceiling structures.

Finishing walls, floors and ceilings in a new building

You should also carefully examine the quality of laying materials:

  • Wallpaper must be glued in accordance with the pattern. Bubbles and folds should not appear;
  • The tile without fail must be tightly fitted one to the other, and the resulting seams are carefully rubbed. If there is a drawing, it must also be observed;
  • In no case should there be smudges or various spots on the painted walls, but only an even, dense layer of paint.

Advice! In order to determine how well the laying of tiles is done, tap on it. This way you can determine where the voids are.

You should also check the quality of laying the floor. You can do this in the following way:

  • Walk around the entire perimeter of the floors, they should not creak;
  • If linoleum was used, all its joints must be carefully sealed;
  • In the case of a parquet board or laminate, attention should be paid to the tight fit of the plates to each other. Only a small indentation near the wall is allowed, so that no damage occurs during expansion;
  • Check the entire surface of the floors, there should not be any bulges;
  • Skirting boards must be securely fixed around the entire perimeter;
  • Between all the rooms there are small sills.

Among other things, you should carefully inspect the ceilings, there should not be any smudges, visible voids or incorrect slab joints. The fact is that if in the process of accepting an apartment you cannot detect existing problems, later you will have to spend a considerable amount of money on fixing them yourself.

In order to avoid unpleasant surprises in the winter season, it is best to take housing during the heating season. This will allow you to check the quality of the work of all installed radiators whether the heating temperature is comfortable. In addition, it is very important to inspect the joints of radiators with pipes, in no case should there be smudges.

Most important aspect is the sewer system, because if mistakes are made in the process of laying it, a constant unpleasant smell in the room cannot be avoided.

Luxurious designer renovation of an apartment in a new building

The device for connecting the washing machine must be at least five centimeters from the floor, otherwise an additional podium will be required so that the drains flow freely through the pipe.

Be sure to check the quality of the installed plumbing, including taps in the bathroom and kitchen. They should open without effort, and in no case should they leak. Also pay attention to the pressure, and after checking it, on the floor under the bathroom and sink - it should be absolutely dry there.

The pipes must be in a strictly vertical position, in order to make sure of this, take a building level with you. Carefully inspect the bath and sink, they should not have any defects, including chips and scratches. In addition, it is important to evaluate the reliability of the mounts.

If meters are installed in the apartment, then they must be sealed at the installation stage. Before you accept an apartment from the developer without finishing or with it, write down the meter readings - this is important.

It's no secret that improper wiring can lead not only to poor power, but also to frequent interruptions, as well as accidents. This will significantly reduce the standard of living in the house, which is why when evaluating an apartment, you should pay attention to this factor.

Finishing the apartment with the location of sockets and switches

In order to check the performance of all installed sockets, you can use the usual charger for phone. Thus, you can quickly and easily make sure that all the sockets in the apartment are working. In order to find out the voltage level, you need a voltmeter.

Pay attention to the components of the electrical panel. There must be installed:

  • Automatic switch in case of a dangerous situation;
  • Metering devices;
  • A device that automatically cuts off the power supply in the event of an overload.

Check the stove. In the case of an electrical household appliance, all ovens and electric ovens must be turned on, the wiring must be able to cope with such voltage. If a gas stove is installed in the apartment, turn on the fire and observe - it should be even, without soot. In addition, there should be no smell of gas.

You can check the performance of all the cartridges available in the apartment with just one light bulb. It must be screwed into each one in turn and checked. If any of them do not work, this must be reflected in the act.

Complaints from owners of apartments in new buildings about non-working ventilation are not uncommon. That is why you should check its performance in the process of acceptance and transfer of the apartment. It is not difficult to do this, you just need to have a piece of paper or a lighter with you. If you attach paper to the ventilation grid, then it should stick to it - this is a sign of good air pressure. In the case of a lighter, the flame emanating from it should deviate towards the air currents.

Checking ventilation for performance

Do not neglect this check, since an incorrect ventilation design can be fraught with the fact that the air will not leave the apartment, but rather enter it, taking with it a lot of unpleasant odors.

Also, double-glazed windows are always installed in new buildings, in some cases even loggias are glazed. It is important to check every little thing:

  • Are they installed correctly?
  • How securely fixed, and whether the openings are filled with mounting foam;
  • The presence of chips or cracks on the glass;
  • The number of cameras, since it must necessarily match the one stated in the documents. In order to check this, it is enough just to bring a lighter or a match to the glass, how many reflections you will see, so many cameras are installed there;
  • How tightly and easily the sashes close;
  • Are the fittings firmly and securely held;
  • By means of a level, you should check whether the slopes are even;
  • Glass should not rattle when driving.

It is very important to note the quality of the installed front door. Of course, it can be inexpensive, but without fail good. The fact is that otherwise, one day you run the risk of simply not getting into the apartment, or not being able to lock it.

How is the acceptance procedure for a new building, what should be in the apartment, what to look for ... Our tips will help you avoid typical buyer mistakes.

Where and when does the transfer of an apartment in a new building take place?

The term for acceptance and transfer of an apartment in a new building is specified in the share agreement. Of course, before handing over the apartment, the developer must hand over the house and measure the BTI (this will definitely not pass you by - you will have to pay for the measurement).

“The shareholder is guided by the terms specified in the contract and is waiting for a signal from the developer that it is possible to accept an apartment,” says Maxim Radchenko, deputy. Director General for Development of ISK Areal LLC. - It all depends on the specific developer - someone sends only a paper letter, as prescribed by the procedure, someone contacts the buyers by e-mail and by phone. Having agreed with the developer on acceptance, all the persons specified in the equity participation agreement come to the office (if only one can come, you need to issue powers of attorney for all the others in advance). You need passports with you (or one passport plus notarized powers of attorney for all those listed in the DDU), plus the original share agreement.

There are cases when equity holders agree to sign an acceptance certificate right in the office - this should not be done before the actual inspection of the apartment. Otherwise, it will not be possible to prove the legitimacy of your claims if serious shortcomings are found in the apartment.

What to do if you are unable to attend the transfer of the apartment?

If you are in another region or even a country, there is no opportunity to come, it is better not to delay the acceptance of the apartment. Your representative can do this by proxy. Otherwise, the developer will draw up a unilateral act of transferring the apartment on the grounds that you were duly notified and did not appear. And then you will lose a very good time to identify and eliminate deficiencies.

There is another delicate point: what to do if one of the equity holders has died? Here is what lawyer Maria Bast, chairman of the Association of Russian Lawyers for Human Rights, says about this:

“Even if the ownership right is not registered in Rossreestr, the right to claim is included in the estate. And Rossreestr can be contacted in the order of inheritance. A notarial procedure for entering into an inheritance is required, an application is submitted within 6 months from the date of death of a person, documents are collected by a notary, you can bring the share participation agreements of the deceased and include the requirement under the agreement in the estate. Six months later, the notary issues a certificate of the right to inherit the property indicated in the certificate, incl. and the right to claim.

On this basis, it is already possible to contact the developer about the acceptance of the apartment and to Rosreestr about the subsequent registration.

Inspection of an apartment in a new building

Even if you are not an expert in construction, you will now have to delve into the intricacies of accepting an apartment in a new building. First of all, you will have to stock up on some equipment. Namely: a large ruler or tape measure (or a laser rangefinder - the cheapest cost about 1.5 thousand rubles). As well as a plumb line, a square, a level (the level and protractor exist as applications on a mobile phone). You will need these devices to double-check the area of ​​\u200b\u200bthe apartment, assess the verticality of the walls and the horizontalness of the floor.

For check engineering systems and windows, you will need a light bulb, a tester screwdriver, matches, a piece of paper, and possibly a small stepladder.

Inspection of the apartment begins with an inspection of the house from the outside and the entrance. In addition to obvious shortcomings, such as cracks on the walls that are visible to the eye, pay attention to whether construction debris has been removed. This is one of the stages of construction, by the time the apartment is handed over to the tenants, there should be no garbage on the territory of the house! Upon entering the apartment, first of all, make sure that there are no foreign smells in it (that is, it did not serve as a toilet for the builders).

Actually, in the apartment itself, experts advise checking first of all the supporting structures. That is, make sure that the walls are vertical (a deviation of no more than 1 cm per meter of length is allowed), and the floor is horizontal (a deviation of no more than 0.5 cm per meter of length is allowed). This can be done not only with a level, but, for example, by measuring the height of the walls in different parts rooms.

By the way, check the height of the ceilings, it must correspond to the declared one.

Be sure to make sure that the corners between the walls are straight (unless otherwise provided by the project of the apartment).

Even if you bought an apartment without finishing, correcting the "non-vertical" walls can cost you a pretty penny. In addition, with this operation, the area of ​​\u200b\u200bthe apartment may decrease.

Another significant point that often “pops up” when accepting an apartment is the discrepancy between the design area and the real one, Maxim Radchenko says. - BTI measurements are carried out even before acceptance, and the equity holder is notified about this in advance. However, there are cases when the buyer discovers a discrepancy in favor of the developer only when examining the apartment (for this, of course, the premises are measured - the length and width according to the floor level, plus it is important to make sure that the right angles are strictly in the room). The area of ​​doorways is considered only if they are wider than two meters. If a "shortage" of space is found in comparison with the plan of the apartment from the DDU, a claim is written with the amount of compensation calculated at the market value of the meter.

By the way, carefully study the contract, there may be a minimum area, the lack of which is not subject to compensation. Or a fixed price compensation is indicated.

When checking windows, pay attention to how tightly the window itself fits to the frame. To do this, it is advised to hold a piece of paper in the window and try to pull it out (if you succeeded, it means that the fit is loose). It is important, in principle, to open and close the window and make sure that the frame is not skewed, the window opens and closes easily.

Make sure all cracks are sealed with sealant. And - for peace of mind, make sure how many cameras are in your window (this specification should be spelled out in the equity agreement). To do this, bring a lit match (lighter) to the glass and count the reflections. In a two-chamber there should be three, in a three-chamber - four (the flame is reflected from each glass surface).

See how the radiators are installed. They must be firmly fixed and located no lower than 10 cm from the floor, no higher than 7 cm to the window sill and no closer than 2 cm from the wall. Make sure all thermostats are working. If you accepted an apartment in the summer, then write: "accepted without checking the heating system."

Very often it is advised to inspect the seams (corners, space under the windows) for leaks and mold. Thus, you can check the "leakage" of the apartment. Our advice, which is relevant, however, only in the heating season, is to study the apartment with the help of a thermal imager. It can be rented (in the Moscow region - about 2 thousand rubles per day) or there is an option to buy a special nozzle for Cell phones and download the corresponding application. The presence of cold bridges invisible to the eye is a shortcoming that builders must eliminate.

If electricity is distributed throughout the apartment, check the sockets and cartridges (a tester screwdriver and a light bulb will come in handy). Ventilation is checked using the same piece of paper (should stick to the grate) or a lighter (the flame must deflect).

Write down the meter readings (electricity and water).

All serious shortcomings must be fixed by photo and video filming.

Which apartment is easier to accept - with or without decoration?

It is believed that an apartment without finishing is easier to accept. Especially the one where communications are brought only to the entrance to the apartment. The finish hides many shortcomings, for example, it is no longer possible to assess how even and horizontal the floor screed is, whether it crumbles in some places. But the developer gives a guarantee for this in order to reveal the presence of hidden defects.

On the other hand, in an apartment with a finish, many possible shortcomings are more “understandable” (such as whether the faience on the plumbing is beaten off, whether the wallpaper is coming off). The appendix to the equity participation agreement should describe the characteristics of the materials used in the finishing.

Experts advise when accepting an apartment to ask for documents confirming that these materials were used.

What to do with shortcomings when accepting a new building?

As practice shows, more or less significant shortcomings occur in most cases (at least in the mass-demand housing segment), so time passes between the first visit to the developer and the signing of the acceptance certificate, Maxim Radchenko continues. - All shortcomings (not only essential ones - like holes in the wall or lack of doors) must be recorded in the so-called. "defective act". It is also called a "defective statement", "inspection sheet" - the name may vary.

The main thing is that the document must contain the name of the developer and the name of the general director, it indicates the apartment number and the address of the house. By the way, a specific list of significant and insignificant shortcomings is not established by law, the main criterion is whether the shortcomings interfere with living in an apartment.

Important: if there are significant shortcomings, the transfer-acceptance certificate does not need to be signed (the defective act must be drawn up and signed, and it must be indicated as the reason for refusing to accept the apartment as the presence of a significant defect).

In case of minor ones - they do not interfere with life in the apartment, but affect the quality (cracks or scratches on the windows, uneven walls, etc.) - both documents must be drawn up and signed. If the shareholder does not sign the acceptance certificate in the absence of significant violations, after two months the developer can draw up a unilateral transfer act, indicating that the other party is aware of the deadlines for delivery, but evades acceptance of the apartment.

But in any case, according to the 214th law, the developer gives a guarantee for both the house and the engineering, so you should apply in writing and seek to eliminate the shortcomings. Tough deadlines are not established by law, but from experience - most often, it is from three weeks to three to four months, depending on how many buildings (and how many apartments) are commissioned in one queue.

If there are significant shortcomings upon acceptance, the buyer of the apartment has another way - to document it, fix the problems yourself, and then demand reimbursement of expenses through the court. But, it is clear that this way is more troublesome. Besides Lately Developers prefer not to confront apartment buyers.

Why do you need an act of acceptance and transfer of an apartment?

You are mistaken in thinking that the developer needs this act more. First of all, without it, you will not be able to get the keys and register the ownership of your apartment in Rosreestr. On the other hand, it is from the moment the act is signed that the developer may begin to require you to pay public utilities and home maintenance work.

Although, as Marina Komogorova, deputy head of the department of new buildings at NDV-Nedvizhimost, says, there were cases when the developer began to demand payment of utility bills from the moment the house was handed over, and not the apartment was handed over. By by and large, this is illegal (unless it is spelled out in some appendix to the agreement on equity participation in construction).

When, by the way, does management begin apartment building? By law, the developer must transfer the house to the managing organization within 5 days after its (house) acceptance by the state commission. In accordance with Art. 161 of the Housing Code of the Russian Federation, the management of an apartment building at this time can also be carried out by the developer. And the final managing organization is chosen by local governments in an open competition.

By the way, that is why the presence of construction debris at the stage of acceptance of the apartment is a bad sign (the house at that time has already been transferred to the balance of the managing organization and garbage disposal can be included in utility bills).

The new building was completed and you were invited to take over the apartment. But there you find badly inserted windows, radiators stained with mortar, a crooked wall in the bathroom, and in some places you can even see a crack? Especially for Novostroy-M, lawyer Yuri Kryukov tells how to act competently in such a situation.

The quality of new buildings recently leaves much to be desired, because of the crisis, developers often save on building materials and hire non-professionals. At the same time, the developer does not always want to correct the shortcomings identified by equity holders during the inspection of the apartment. How to achieve justice?

The law on shared construction establishes that the quality of the transferred premises must comply with the terms of the contract, the requirements of technical regulations, project documentation and urban planning regulations, as well as other mandatory requirements.

But according to tradition, in law enforcement practice, not everything is so simple: courts interpret clause 2 of article 7 of 214-FZ “On shared construction” in different ways, which refers to shortcomings that led to a deterioration in the quality of a construction object, or other shortcomings which make it unsuitable for the contractual use.

Some courts say that it is enough that the shortcomings lead to a deterioration in the quality of the object, others - that the shortcomings should make the premises unsuitable for habitation.

So, Obninsk City Court Kaluga region satisfied the requirements of the equity holder in civil case No. 2-423 / 2016, and in a similar case (No. 2-892 / 2016), considered by the Kamensky District Court Rostov region The claimants' claims were denied.

The question is in the eternal “execution cannot be pardoned”: in the first case, the court in its decision indicated that “By applying for the elimination of construction defects, the plaintiff exercised his rights under Art. 7 federal law No. 214-FZ.", - i.e. had the right not to accept the apartment due to shortcomings in the decoration, and the court attributed this to significant shortcomings.

In the second case, the court pointed out “that the transfer of the apartment was postponed not as a result of a delay in construction or other guilty actions (inaction) of the defendant, but as a result of the plaintiffs’ refusal to accept the apartment due to the presence of shortcomings that are not significant and did not prevent the use of the premises for its intended purpose. ”, - namely: loose and scratched window sills, poorly installed windows, condensation.

TO insignificant shortcomings damage to window structures, entrance and interior doors (scratches, scuffs, chips, dents), small cracks in non-load-bearing partitions, lack of hot / cold water, non-working elevator, construction debris, etc.

A significant disadvantage there may be a lack of ventilation, through holes in the floors, mold, lack of plumbing equipment (if provided by the contract), etc.

If the identified deficiencies are of a significant nature, then you have the right not to sign the acceptance certificate and demand that the developer eliminate the deficiencies within a reasonable time, or reduce the purchase price, or reimburse your expenses for eliminating the deficiencies.

If the shortcomings are not significant, then you do not have the right not to accept the premises under the act - the developer in this case can transfer the premises under an act signed unilaterally.

What is the right thing to do if you have complaints about the quality of the received object? Involve an expert for acceptance, who will prepare a reasoned opinion with references to regulations. When inspecting the apartment, draw up a defective statement (act of identified deficiencies, inspection report, inspection sheet) indicating all identified deficiencies, hand it over to the developer and receive a mark that he accepted this list. Demand to issue this document as an annex to the acceptance certificate. Demand to remove the clause on the absence of claims on the quality of the apartment from the acceptance certificate.

After signing the act of acceptance and transfer of the premises, you can also contact the developer with a requirement to eliminate defects within the framework of warranty obligations. By law, the developer has an increased responsibility for failure to fulfill obligations to eliminate deficiencies. According to paragraph 8 of Art. 7 214 FZ for each day of delay in the elimination of deficiencies, the developer will be required to pay 1% of the price of the premises.

Thus, if you find shortcomings, I recommend signing an inspection report with all the identified shortcomings and accepting the premises according to the acceptance certificate, and then make claims to the developer for quality, and if they are not eliminated, go to court.

Since each case of acceptance of an apartment is individual, it depends on the terms of the contract, the nature of the identified shortcomings, the history of relations with the developer - seek advice from lawyers specializing in shared construction. With proper preparation of documents, the chances of success in a dispute with the developer increase significantly.