The act of acceptance and transfer of an apartment in a new building is a very important legal document that regulates the process of transferring real estate from developers to buyers (interest holders).

Since there is no single state standard for such a document, it can be drawn up by hand in any form.

What should you pay attention to before signing the deed?

Your signature on the document will mean that you are satisfied with the condition of the apartment and the quality of the materials used in its construction and finishing. Therefore, there is no need to rush - it is necessary to inspect the premises. Your actions:

1. Inspect the apartment during the day, in normal sunlight, when all the shortcomings of the room are clearly visible. For the same purpose, you can use a flashlight to highlight dark, hard-to-reach places, wiring, pipes, etc.
2. Open and close all doors and windows - make sure there are no distortions or creaks. Their junction with the walls should be close to ideal, without gaps.
3. The tiles on the walls and floor of the entrance must be free of chips and cracks.
4. Check if the walls are level and concrete screed in the apartment using a plumb line or level. It is important that there are no cavities or crevices in the screed.
5. Check to see if switches and sockets are functioning properly. For this purpose, use a charger from mobile phone or a light bulb, which you screw into the socket of the future lamp. The grounding of an electrical outlet can be checked with a special tester.
6. Attach a sheet of paper to the ventilation hood. With perfect traction, it will not fall.
7. There should be no corrosion or moisture on heating radiators, water pipes, and sewer lines. For high-quality installation, the gap between them and the wall should be more than 2 cm.

If your apartment is purchased on a turnkey basis, its result must comply with all points stated in the acceptance certificate.

The buyer must record all detected deficiencies in a special document - an inspection sheet.

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.

Subtypes of the act of acceptance and transfer

In addition to the acceptance certificate for the new apartment, an inspection sheet must be attached. In it, the buyer of the apartment records his claims in case of detection of defects and deficiencies during the preliminary inspection.

The client has the right to include in the inspection sheet deadlines for eliminating all deficiencies, but these deadlines must be reasonable. In order for the buyer’s requirements to become mandatory for the developer, they must be written down in the transfer and acceptance certificate. All costs for eliminating defects must come from the seller - the developer.

When filling out the inspection sheet, the buyer has the right to use the services of an expert in the field of construction and home renovation, so that his claims are supported by a professional opinion.

Remember that all your claims must be reasonable and substantiated. Demand: “I don’t like anything at all, change it urgently!” - no one has to take it seriously.

How to correctly draw up a transfer and acceptance certificate

The act of voluntary acceptance and transfer of an apartment is drawn up in any written form, in two copies (one for each party). If witnesses were present when drawing up and signing such an act, they are also given a sample of documents.

The legislation of the Russian Federation does not provide for special execution of the act, but if desired, the parties can have it certified by a notary. Next, the act is transferred with all other documents to the local territorial office of Rossreestr to register ownership of the housing.

A sample act of acceptance and transfer of an apartment from the seller - developer can be downloaded from this link:

Different subjects of the Russian Federation may have their own rules for the execution or presence/absence of this document. Sometimes officials can turn a blind eye to the fact that the transfer and acceptance certificate for an apartment in a new building was not drawn up at all, and accept the documents for registration.

This, for example, is what is happening today in St. Petersburg. But in Moscow and the Moscow region, your package of documents for registering property rights without an acceptance certificate will be returned. Therefore, be sure to find out the details at your territorial office of Rossreestr.

Still have questions? Write your question in the form below and receive detailed legal advice:

Come to the acceptance of the apartment in the daytime, taking with you a tape measure, plumb line and level. Although you, as they say, accept “bare walls,” this does not mean that these walls should be crooked and the interpanel seams leaky. Check the dimensions of the rooms and the height of the ceilings indicated in the design documentation with the actual ones. In the event that the area of ​​the apartment turns out to be less than that specified in the contract, you have the right to demand compensation. Check the horizontality of the floor using a level, and the verticality of the walls using a plumb line. If the house is brick, tap the walls - there should be no voids in them. There should be no traces of mold or mildew on the walls and ceilings.

Check how the windows and doors are installed, how tightly they close, and whether there is blowing in the cracks, including between the window and the wall. This can be done easily with a lit candle or lighter. Joints, seams and spaces between walls and frames must be insulated and hermetically sealed. Inspect each window and door, check how they function in different positions, and whether all the necessary fittings are in place. If it is glazed, pay special attention to the quality of the double-glazed windows installed on it.

Unfortunately, if construction works were carried out recently and the walls and ceilings have not yet dried, and also in the case when there is no heating yet, there may well be condensation on the windows, even if they were installed without violating the technology.

Inspect the heating radiators to see if their type matches that specified in the documents and whether they are securely attached. In the bathroom, check if the hood is working by holding a lighter to it. Inspect all doors and hatches, check how securely they close. Check hot wires and cold water, are there connections for sewerage and a washing machine?

You can sign the acceptance certificate for the apartment and attach a defective statement, which will indicate the time frame for eliminating the defects. Just in case, illustrate them with the attached photographs.

If deficiencies are identified

If you have justified complaints about the apartment being rented out, do not sign the acceptance certificate, even if the customer swears that everything will be fixed tomorrow. Make a list of claims and present it to the developer. In the case where you invested money under an equity participation agreement, the law is on your side - the identified deficiencies must be eliminated free of charge or the cost of the alteration reimbursed if you do it yourself.

Tip 2: What to pay attention to when accepting an apartment in a new building ( rough finish)

Buying an apartment is an important event in the life of every person. Such an expensive purchase does not happen every day, to put it mildly, so it is important not to make a mistake with the purchase. What to look for when accepting an apartment in a new building if the developer promised you a rough finish?

Apartments in new buildings are in high demand due to the noticeably lower price at the start of construction, so most of us need to know what to look for when accepting an apartment after the completion of construction and delivery of the house.

The most affordable apartments have the so-called rough finish, that is, without plumbing, with walls that still need to be plastered and painted or wallpaper glued to them, and black floors that require laminate, tiles or other covering. You will also need to buy and install doors, a bathtub, etc. Therefore, if your share participation agreement provided for rough finishing, then you should expect that there will be no beauty in the apartment, because you are buying what are called “walls”.

Be sure to check basic communications, such as:

1. Electricity. A meter must be installed, and voltage must be present in the sockets (or at the terminals in the apartment). In order to check the voltage, the easiest way is to take with you a household tester or a light bulb with two wires soldered to it.

2. Ventilation can be checked by holding a feather or thread to the shaft.

3. Heating. Pipes must be laid carefully, there should be no cracks or dents on them.

4. Windows. Today, they usually install double-glazed windows on windows, so just pay attention to the fact that the windows close well and tightly, there are fittings, and there is no draft from the windows.

5. Water supply, sewerage, sewerage, gas. Check the pipes, there should be no cracks on or near them, and there should be no dampness around the pipes through which water will flow. Meters must be installed. Everything must be securely fastened.

6. The actual walls, as well as the floor and ceiling. Joints and large cracks should be sealed and there should be no damp spots. Everything should be level, horizontal and vertical respectively.

Only if all of the above works, you can sign the acceptance certificate. Now you have a big renovation ahead.

Tip 3: What to pay attention to when accepting an apartment in a new building (fine finishing)

To attract real estate buyers, sellers of new buildings are ready to offer buyers a bonus - finishing work. What should you pay attention to so that you don’t have to spend extra money?

You can buy an apartment with fine finishing at a price not much higher than the same apartment without it. The advantages of such a purchase are obvious - there is no need to waste money, time and effort on repairs. You can also move into a brand new apartment with finished finishing immediately as soon as the apartment is transferred to the buyer and ownership rights are registered. It is also important that when the house is rented out fully furnished, you do not have to endure noise from neighbors doing major redevelopment or some very lengthy and complex repairs.

But when accepting an apartment with finishing, you need to pay attention to some important things, so that later you don’t waste money and effort on correcting the builders’ shortcomings.

1. Walls, floor and ceiling. We check their horizontality and verticality accordingly. Everything should be painted neatly, without unevenness or stains. The wallpaper is pasted without bubbles, the pattern matches. Linoleum is also free of bubbles and waves. The tiles are without chips and the seams are the same size. Laminate without voids or gaps.

2. All doors and windows are installed carefully and close tightly. There are no defects on the frames or door leaves.

3. The plumbing is installed carefully, the seams are sealed, nothing leaks or falls. Feel free to turn the water on and off as often as necessary to check the quality of the wiring.

4. The gas in the stove is connected and the stove is working normally. The gas pipe is neat, the gas flows evenly, without flashes or attenuation. If the stove is electric, do not forget to check the operation of each burner and oven light.

5. Electrical wiring is done carefully. Each outlet has voltage (you can check it with a tester or a small table lamp that you can take with you).

6. Don’t forget to also check the ventilation (carry a feather, thread, or a strip of thin paper to the ventilation holes).

7. All meters must be installed and working.

You shouldn’t be shy about checking everything very meticulously, because the quality of your construction and finishing work depends on the quality of your life. The developer must eliminate all defects at his own expense!

Video on the topic

So that the purchase of housing is not overshadowed, read how to correctly accept an apartment from a developer.

The feeling of euphoria from the fact that you bought a new apartment may give way to confusion when the moment comes to inspect it. How to accept it? What documents should I sign? And most importantly, what to demand from the developer if the property does not meet expectations? In fact, the inspection process itself should not cause any difficulties. The main thing is to know how to correctly accept an apartment from the developer, not to miss defects and to submit a claim in time so that you do not have to fix them at your own expense.

What to do first

So, first of all, you must make sure that the house in which your home is located is commissioned. This is evidenced by the acceptance certificate of the new building signed by the state commission. A copy of the act must be issued by the developer. Also, the house must be assigned a postal address, and the developer is obliged to provide information about the house to the BTI.

The period for delivery of living space is determined in the shared participation agreement (DPA) and lasts up to six months. If the terms are violated, the shareholder has the right to receive a penalty.

Settlement occurs according to a specific schedule developed by the developer. You can usually see it on the company’s website. Accepting an apartment must be done in two stages. First, future property owners meet in the office to verify documents. Then the living space is inspected. If the owner is completely satisfied with the new apartment, then a corresponding deed is signed. If deficiencies are found, a claim is filed.

All shareholders specified in the share participation agreement (SPA) meet in the office. Everyone presents the original DDU and passport. If the agreement is executed for several participants, you can issue a power of attorney for one of them.

An apartment is accepted from the developer very carefully. Each participant receives an inspection sheet in which all deficiencies found are noted. Then they are transferred to the act of acceptance and transfer of housing. After that, a timeframe for elimination that is acceptable to both parties is agreed upon. In addition, future owners should compare the real apartment plan and the one that was announced before the construction of the house.

The developer must not eliminate defects for longer than 2 months.

How to properly accept an apartment from a developer and not miss any shortcomings

It's simple. It's a good idea to familiarize yourself with current building codes and other regulations so you know exactly what deficiencies you shouldn't overlook. If there is a possibility that you might miss something, it is better to invite a specialist who understands all the intricacies of construction and finishing.

Identified deficiencies may be significant or insignificant. Significant defects include defects that interfere with normal living. These include a non-working heating system, broken sewer system, windows and doors that won’t close, etc. In this case, you should not accept an apartment from the developer, and you also cannot sign a transfer and acceptance certificate. The list of identified defects is recorded in the defect report and transferred to the developer. The acceptance certificate is signed only after the developer has completely eliminated the deficiencies.

Minor shortcomings do not interfere with your stay. Falling plaster, uneven floors, scratches on the windows only interfere with our aesthetic perception. Nevertheless, it would be correct to demand that they be eliminated and draw up a defective report.

If minor deficiencies are found, then after 2 months the developer can draw up a counter-act stating that the shareholder does not want to accept the apartment in the new building and is avoiding signing the act. If it is proven that you knew about the transfer of housing, but deliberately did not show up for the meeting, the property will be transferred unilaterally.

To prove that the detected defects are insignificant, the developer must provide an independent expert opinion.

It is important to know that even if the transfer and acceptance certificate is signed, but after that shortcomings are identified, we will still resolve the issue. An apartment in a new building is subject to Federal Law 214-FZ. In accordance with its norms, the home warranty is valid for 5 years, for engineering Communication- 3 years.
Ownership of a new home is formalized after signing the acceptance certificate and handing over a set of keys.

How to accept an unfinished apartment from a developer

We figured out how to correctly accept an apartment from a developer in principle, what documents should be signed and in what case. All that remains is to find out how to properly inspect a home so as not to miss a single defect. Let's start with a property with a rough finish.

The head of the Vorobyov family was sure that there was no need to inspect the apartment without finishing, because future renovations were supposed to hide any shortcomings. However, after signing the acceptance certificate, it turned out that the doorways did not meet the standards, the slopes were made with a large slope, and water almost did not flow in the pipes.

Planning how to properly accept an apartment from a developer. Do not think that rough finishing does not require careful inspection. You should be well prepared for it. It is recommended to take with you a plumb line, a flashlight, matches, a screwdriver with an indicator, a tape measure, a construction ruler and a couple of pens, because... at the right moment one of them may get lost.
The assessment begins with an inspection of the walls. At this point they will be unfinished, but their surface should be smooth and vertical. This can be checked using a laser level or a simple plumb line. There should be no relief on the walls: sagging, cracks, faults, etc.

The permissible deviation for monolithic walls is 15 mm, for brick walls – 5 mm.

The height of the ceilings is indicated in the documents and in fact it must correspond to it. The unfinished surface of the ceiling must be flat, without depressions or differences at the joints. The joints must be sealed. If stains on the ceiling indicate leaks, this should be a warning sign for the future owner.
Ventilation is checked using a match or a sheet of paper. If the ventilation is working, a lit match will go out when brought to the vent. And if you put a piece of paper on it, it will stick.

The heating system is represented by radiators and pipes. The batteries must be securely fastened and have a slight slope to the connection point. If, according to the agreement, radiators are not installed in the apartment without finishing, then there must be brackets for future radiators.

When assessing an electrician, it is necessary to inspect the electrical panel. It must be equipped with an electricity meter, an input circuit breaker, a residual current device and circuit breakers that power household sockets, an electric stove and light switches in the apartment.
Experts advise that during the inspection, connect the outlet in the apartment and try out any device. The simplest thing: take your phone with a charger.

If the contract provides for the developer’s obligation to install a landline telephone, Internet, intercom or television, then the housing should be inspected for the presence of input cables. Cables must not be kinked or damaged.
You can check the water supply and sewerage by opening and closing the taps. The water should flow with good pressure. The risers are installed vertically and attached to the walls using special clamps. Tees for drains must be installed correctly and access to them must be free. The distance from the floor to the tee should be 5-6 cm.

In the Morozov family’s bathroom, the tee was installed at a distance of 10 cm from the floor. Because of this, to provide a slope when installing water drains, it was necessary to install an additional podium.

A modern new building is equipped with a fire alarm. The property must have appropriate sensors that connect to the common system. Information about a fire is displayed on the central console. You can check for the presence of a sensor near the entrance. Additional autonomous sensors can be installed in residential areas. They operate on batteries.

Windows and window sills must be level. This needs to be assessed from three different points. The easiest way to do this is with a laser level. You should also pay attention to their reliability. The frame must be rigidly attached to the window opening. Assess the glass for cracks, open and close all the doors, set the micro-ventilation mode, check the fittings (handles, closures, hinges). The seal is located around the perimeter of the sash to ensure airtight closure.
Entrance doors installed on a property with a rough finish are most often changed by the owners subsequently. Therefore, it is enough to see whether the lock works and whether the sash closes. Pay attention to interior openings. They must have the same width and height along their entire length. According to current standards, the height of openings should not be less than 210-212 cm

How to accept a finished apartment from a developer

We'll tell you how to properly accept an apartment with finishing from the developer. What the apartment should look like with finishing is specified in advance in the contract. Therefore, on the one hand, it is easier to accept housing, because... You can go through the points of the document and check the presence of all components. But on the other hand, there are a lot of nuances that an ignorant person can miss. The developer has a lot of obligations to residents. The decoration of the premises should be such that shareholders can only transport things and arrange them. But in practice, things often happen somewhat differently and numerous flaws that could have been found during the initial inspection are revealed after moving in.

First of all, the walls are inspected. They should be smooth and even. The surface is wallpapered or painted. Inspect the joints of the wallpaper, the pattern should match. The panels should not come off, and there should be no air bubbles under them. The coloring should be visually uniform, without smudges or unpainted spots. If the builder did not take the time to carefully sand and prime the walls, this can be determined by peeling paint and stains on the surface. If the contract stipulates the laying of tiles, they must be laid evenly. The tiles should not have chips, scratches or cracks.

Knock on the tile. If the sound is empty, it means it was laid on an uneven surface or with violations of technology.

An apartment from a developer with finishing is most often handed over to the owner with laid linoleum or laminate flooring. Inspect the laminate for scratches, defects, and unevenness. There should be no voids underneath, otherwise it will sag over time. Craftsmen do not always bother to lay the underlayment on a concrete floor. Therefore, find out if there is a layer of special film under the laminate. Along the perimeter of the walls, panels are laid with gaps, otherwise they will rise. Linoleum should be laid evenly, without swelling, bubbles or waves. Check for any loose areas of the fabric.

Ceilings must be level and smooth. A simple long ruler applied to the surface will help you check this. Ceiling plinths must fit tightly to the walls and ceiling and have no gaps. The ceiling is painted along with the baseboards. Heating risers must be tightly adjacent to the floor and ceiling and there should be no gaps around them.

The apartment is fully finished and equipped with interior doors and an entrance door. A reliable, high-quality metal door must be installed at the entrance. They may try to save money on locking mechanisms, so it is important to check how the door closes and opens. The sash should not open and close spontaneously. If this happens, it means it is installed on a slope.

If the contract provides for the installation of a stove for cooking, it is necessary to check its functionality. Pay special attention to the gas stove. There should be no gas smell in the kitchen. The connection to the gas supply pipe must be reliable and sealed. Check all burners to see if they go out spontaneously.

The last thing to pay attention to is the plumbing. They also often try to save money on plumbing fixtures. Check that the equipment is securely fastened. All joints must be sealed. Especially between the walls and sides of the bathtub, as well as in the area where sewer drains and tees are located.

A properly completed inspection will help you get the home you dreamed of. But the main thing is that in the future the property owner will not have to invest additional cash in its repair. And your stay will be comfortable and carefree.

Upon completion of the construction of a multi-storey building, the developer is obliged to hand over the apartments to residents to assess the quality of the constructed facility. The procedure is recorded in the acceptance certificate. A person who is far from the construction industry may not pay attention to defects, which will cause trouble and expense in the future. This article will help you properly prepare for accepting an apartment from the developer.

Preparatory stage

Before inspecting the property, make sure that the property has been put into operation. Usually the company invites owners within a week after all government inspections are completed. Due to bureaucratic red tape, the time frame may increase to six months, and this will not be a violation.

The occupancy schedule will be published on the developer’s official website. On the appointed day, come for your examination during daylight hours. If this is not possible, bring a bright flashlight.

Advice! For those who are just planning to buy real estate: it is better to choose a house that is rented out in the summer season, since the day length is long, in contrast to the winter day, where it gets dark already at three o’clock.

Before the meeting, take with you:

1. Sheets of paper/notebook/notepad with a pen or pencil for notes.
2. Colored crayons to highlight imperfections.
3. Tape measure or laser distance meter to calculate the curvature of walls.

The most common defects

• Curved walls;
• Dirty scratched windows;
• Inadequate floor screed;
• Electrical faults;
• Damaged water supply, heating system;
• Low-quality thermal insulation on the last and penultimate floors;
• Poor quality waterproofing on the first floors;
• Inadequate sealing of balcony slabs;
• Bad window units;
• Ineffective ventilation system in the house;
• Low quality cement screed.

Types of finishes

Depending on the type of finishing work or lack thereof, the acceptance of the apartment from the developer will differ. There are 3 types of readiness:

1. Without finishing. It is assumed that there will be double-glazed windows on the windows, power supply, water and electricity meters, a water supply system, entrance doors, and sewerage.
2. Pre-finishing. In addition to the previous points, it includes the presence of plaster on the walls, working sockets, lampshades, the presence of a finishing screed, a glazed balcony, there are interior partitions, ceilings.
3. The premises are finished or turnkey, allowing you to move into your home without delay. The house has wallpaper, linoleum or parquet on the floor, and the room is equipped with plumbing.

Read also: What is the best way to buy an apartment in a new building: in a rented house or at the “pit” stage?

How to take without finishing

Acceptance of an apartment in a new building without finishing includes several stages. Start with walls that are normal, without deviations, cracks, breaks, and even. Permissible deviation level for brickwork up to 5 mm, for monolith up to 15 mm.

Check the difference in floor height between rooms, hallway, kitchen. The maximum possible difference is 20 mm. Give the screed a few blows with a heavy object (hammer) to determine if there are any delaminations from it. The right sound- hard, ringing. Quiet and empty things are not allowed.

Note! There should be no bumps, cracks or breaks in the screed.

If the cracks are small, you can repair them yourself. To do this, go over them with a primer. Wet the floor with water daily to prevent new cracks from forming. The procedure must be repeated for up to two weeks.

The ventilation system is checked using a regular sheet of paper; you can use a toilet paper, which needs to be leaned against the grate. Open the window at the same time. If everything works well, it will pull the paper towards the channel.

How to check the windows and balcony? They should be installed evenly, the sashes should move easily and smoothly. The glass is not scratched and is tightly attached to the frame. The space between the window and the wall is filled with polyurethane foam sealant. The quality criteria are the same for a balcony or loggia.

When inspecting the ceiling, pay attention to possible leaks. There should be no difference of more than 2 mm around the perimeter, the ceiling itself is smooth, without voids.

Be sure to check the operation of engineering equipment, namely pipelines. The heating radiators are tightly attached to the walls, connected, without dents. Water supply inspection includes inspection of risers. They must be vertical, fixed to the walls. Open the taps and see how much water pressure there is. Check the tightness at the joints of the elements. If there are wet or damp areas, it is worth making a note, this is a violation.

Pre-finishing

If in the previous version the developer installed temporary entrance doors, here they are most often metal ones. Start your inspection with them. The requirements are as follows:

1. Smooth walking. When half-open, the sash should not dangle or slide to one side without physical effort. Except when a strong wind blows from the window in the entrance and slams it shut.
2. No damage to the coating: scratches, dents.
3. Good fittings: the lock works, how smoothly the key opens the door, whether it closes easily, without jamming, whether the handle moves smoothly, whether there are any creaking sounds.
4. Check how neatly the opening is made.

Read also: Residential complex "Terletsky Park": latest news

When entering your home, pay attention to the walls. Here they must be prepared for final work, have plaster without streaks or a bumpy surface.

Check the quality of the screed on the floor: voids are not allowed. Tap it with a hammer to reveal them. In this case, outline them with chalk.

Inspect outlets and switches. A common defect is when, when the plug is unplugged from the socket, the socket boxes fall out. Contact your builder if they spark and get hot.

In some new buildings, the company provides residents with Internet cables, television and other systems. Check whether they are connected to your home and whether they are long enough to subsequently equip the house with communications. Inspect for external damage to the insulating material and kinks.

Turnkey premises

Acceptance of an apartment in a new building with finishing takes longer. First, examine how much the walls in the room deviate from the straight vertical. It is assumed that there will be wallpaper or painting of the walls. The wallpaper must be carefully glued, straight joints with the continuation of the pattern, there are no pieces of canvas that have moved away from the wall. At the ceiling they end exactly along the perimeter.

If the wall is painted, then the coating should be evenly distributed, without smudges or bumps. Detection of cracks or peeling of the material, swelling indicates unfair priming and grinding.

The floor is covered with laminate or linoleum. Each flooring has its own requirements. There should be no voids, swellings or waves under the linoleum. The laminate must be equipped with a soundproofing film and there must be no unevenness or voids.

The main parameter of a good ceiling is a smooth, flat surface. Use a measuring rod for measurements. Place it against the ceiling and inspect for gaps. Allowed up to 3mm.

The finished apartment includes the installation of a metal entrance door and interior doors. You can check their quality visually: how smoothly the installation is done, whether there are any external defects in the form of chips, scratches, poorly attached locks and handles. Open the doors slightly; they should not spontaneously move to one side.

The peculiarity of an apartment from a developer, purchased under an equity participation in construction agreement (DDU), is that no one has ever lived in this housing. New communications, decoration, and furnishings have yet to appear in it. To prevent the purchase from turning into a complete nightmare, the buyer himself, before signing the acceptance certificate, must check the absence of defects, defects, breakdowns, etc. After signing the act, it will be too late to complain. Today we will talk in detail about how to accept an apartment from a developer.

What to look for when viewing an apartment?

The DDU must indicate what type of finishing the developer must provide to the customer. There are only three options:

1. No finishing at all.
2. With rough finish.
3. With a fine finish.

Acceptance of an apartment without finishing should be done with a measuring tape in hand. The buyer personally needs to make sure that the apartment corresponds to its plan attached to the DDU. The area of ​​the rooms, their length and width, corridors, loggias or balconies, bathrooms - everything needs to be checked. It happens that the final area of ​​the apartment does not correspond to the plan. In this case, the shareholder has the right to file a claim and demand money back for the lost square meters. This rule also works in the opposite direction.

Since there is no finishing in the apartment, checking the functionality of the doors and windows will be simple and quick. It won't take much time to take measurements either. You should study the apartment plan and contract very carefully to check everything that should be in the apartment. You need to pay attention to:

1. The walls should not deviate from the vertical, the screed should be level, and black traces of mold and mildew should not be visible in the corners of the rooms.
2. The developer must replace broken windows at his own expense, repair or replace a broken door or lock, and correct crooked walls or cracked screeds if possible. The shareholder has the right not to accept an apartment with significant defects and demand that the developer return all the money paid for it, including the penalty.
3. Ventilation must be working properly, which can be easily checked with a regular lighter.
4. If the contract specifies the presence of sockets and sockets for lighting, their performance also cannot raise any doubts.

Acceptance of an apartment with rough (pre-finishing) finishing takes longer, because in this case it already contains everything necessary for the final repair - wallpapering the walls and laying the selected type of flooring. It is best to invite a professional for such an inspection, since it is not always possible to “see” gross defects, and a specialist will identify them even during a visual inspection. The list for inspection includes:

1. Floors - screed is laid on a layer of waterproofing in the bathroom and toilet, which is clearly visible as it faces the walls. In ordinary rooms, sound insulation is installed instead. The absence of both is a gross violation. Also unacceptable is the difference in height along the level of the screed, the presence of holes, voids, cracks in it, and they can be easily identified with a simple building level.
2. The walls need to not only be inspected, but also touched with your hands, since they must be smooth and with a durable finishing layer of putty. No voids, cracks, sagging, stains or other defects are acceptable.
3. The ceiling must be ready for painting, which means that the builders have already plastered and puttied it, and then covered it with a primer. This pre-finishing is suitable for any type of subsequent decorative finishing. The height should also be measured independently and compared with documents; an underestimation of even 1 cm is unacceptable.
4. Heating - it must already be fully installed and ready for use. Pipes must be straight and without dents, radiators in the quantity specified in the documents and secured to at least 3 brackets on the walls. The height above the floor of each radiator is 6 cm, from the walls - from 2.5 cm, and from the window sill below by at least 5 mm. If the house is already connected to heating (winter), then you should check the availability and functionality of all thermostats in the required quantity.
5. The water supply and hot water supply risers must be strictly vertical and securely fastened to the walls with special clamps. The water metering unit must include: a coarse water filter, a shut-off valve and a water meter. A check valve and additional fittings can also be installed. Shut-off taps should be checked for serviceability, the meter number and readings should be written down, the faucet in the sink should be opened and the presence of water and its pressure checked, the joints checked for tightness, absence of rust stains and mechanical deformations.
6. The sewer riser must also be vertical and attached to the wall with clamps. When the toilet and bathtub (shower stall) are installed, all joints are checked for leaks.
7. You can quickly check the ventilation with a sheet of paper - a piece of paper stuck to the ventilation grill will clearly indicate its serviceability, but otherwise the ventilation ducts are probably covered with construction debris, which is almost impossible to eliminate without destroying the wall.
8. The input electrical panel must have: a circuit breaker, an RCD, and load group switches. The number and readings of the electric meter need to be rewritten. All sockets and switches installed in the rooms for electrical appliances (charging a mobile phone will do) are checked for serviceability, there should be no heating or sparking. It is useful to take the light bulb with you and screw it into the socket. The doorbell should also work.
9. If the apartment provides for subsequent connection to low-current networks (Internet, cable TV, intercom, etc.), then you need to make sure that the necessary cables are available and their quality (the insulation is intact, there are no kinks).
10. The quality of window installation and slope finishing should be checked very carefully. Sometimes builders “forget” window sills, ebbs, handles, etc. All opening doors must be opened one by one, checked for ease of movement on the hinges, serviceability of the locks, and availability of keys to them. The slopes on all windows must be flat, without curvature. The top is horizontal or slightly raised, the sides are vertical, the bottom is horizontal.
11. Doors should not only open and close easily, but also be free from mechanical damage: chips, scratches, dents, traces of a drill or grinder, etc. When open, the sash should not move anywhere on its own, as this indicates poor adjustment of the hinges.

Finishing involves handing over an apartment to a shareholder on a turnkey basis, into which all that remains is to bring furniture and other personal belongings and live. Therefore, here the inspection should be the most meticulous. The quality of finishing of walls, floors, ceilings, serviceability of sockets and lighting, switches, as well as all items that are required to be checked in the case of rough finishing are checked. Not everything can be assessed by eye, so it’s better to arm yourself with a tool, or even better, invite a professional finisher. He will help you find real shortcomings so that the owner of the apartment does not have to redo what appears to be an impeccable renovation.

It is extremely important for everyone who is included in the DDU to come to the meeting with the developer. The absence of anyone will not allow you to legally sign the acceptance certificate, since the names and surnames of all shareholders without exception will be included in it. If such circumstances arise, and one of the shareholders cannot come to the meeting (sick, infirm, lives in another city, etc.), you should find a trusted person in advance (it could be a lawyer), in whose name you should register and notarize the power of attorney. The developer is informed about this in advance so that he can redo the transfer and acceptance certificate in accordance with these changes.

The meeting is scheduled in two stages. First, you should come to it with the original DDU and payment receipts in order to make a reconciliation. The developer is obliged to schedule this meeting himself - send a letter of notification to all shareholders. This is the procedure under the law. The most responsible companies send SMS messages to their customers or call them. But it’s best to keep your finger on the pulse yourself by monitoring the developer’s page on the social network, where relevant announcements are usually posted in advance.

The second meeting will take place at the time appointed at the first meeting, directly in the apartment. For this second meeting, as for the first, you need to take passports, DDU, and payment receipts.

Important: do not sign any documents before you personally inspect the apartment and the other shareholders too. What suits you may not suit them. No one will be able to make claims to the construction company retroactively, when the acceptance certificate has already been signed by the parties and no defective certificate is attached to it.

Deadline for handing over the apartment after commissioning

The DDU always indicates the exact date when the developer is obliged to hand over the keys to the apartment to the shareholder. After this time, the construction company is obliged to pay a penalty to clients. The date indicated in the DDU shows when the developer company must obtain permission to enter apartment building into operation. If it is written that permission must be obtained in the first half of the year NNNN, then this means that the deadline is 06/30/NNNN. The period for transferring apartments to shareholders begins from the date of receipt of this permission, or from last day when this permission should have been obtained. Delay even by 1 day gives the right to collect a penalty.

It often happens that the developer receives permission “at the last minute”, and then begins to rush to sign the acceptance certificates. This is not a reason for shareholders to agree with the developer and quickly sign acceptance certificates to the detriment of their interests. The DDU always indicates within what period of time after receiving permission to open the house the developer is obliged to transfer the apartment. The date of acceptance is indicated in the acceptance certificate. If the shareholder does not sign the deed, presenting the construction company with a list of violations to be eliminated, it means that the delivery deadline will be violated, so there is every reason to demand the due penalty.

How to get a penalty for failure to deliver a house on time?

Violation of the apartment delivery deadlines is a reason to receive a penalty due by law. To do this, you need to write a claim to the developer in 2 copies. One copy is given to the developer, and the second copy must be stamped with a date at the receiving company. The response must be provided to the applicant in writing within 10 days.

In the best case, the developer will invite the applicant to the office and offer compensation. In order not to receive a meager amount instead of a decent amount, it is better to calculate before the meeting how much you can legally demand in this case.

The formula looks like this:

1/150 * refinancing rate * (apartment price/100) * number of days of delay

From January 1, 2016, the refinancing rate is equal to key rate Central Bank of the Russian Federation, therefore, on the official website of the regulator it can always be clarified as of this moment. It happens that during the delay the rate changes. Then the entire period of delay is divided into pieces and a separate figure is calculated for each of them, and then they are simply added up.

Important: you cannot simply receive money from the developer and leave; you must conclude an agreement on the payment of compensation; it is drawn up in writing, signed by the parties and serves as evidence of compliance with the established procedure for the pre-trial settlement of this dispute.

The text of the agreement indicates the details of the parties, the amount of the penalty, as well as the period and procedure in which the developer pays the agreed money to the shareholder. If an agreement could not be reached, or the developer refused to sign the agreement, then a second copy of the written claim should be attached to statement of claim and bring it to court to recover the penalty in court. In this case, you can recover not only a penalty, but also a fine and all costs incurred during the trial.

What shortcomings prevent documents from being signed?

When inspecting an apartment before signing the acceptance certificate, it is important to understand that there will definitely be shortcomings. It’s just that some companies make small mistakes, and others are “rude”.

The rights of shareholders to receive quality housing are protected by three laws:

1. Federal Law No. 214 of December 30, 2004 “On participation in shared-equity construction of apartment buildings.”
2. Law “On the Protection of Consumer Rights” dated December 7, 1992 No. 2300-1.
3. Civil Code of the Russian Federation.

If defects are discovered in a new building, the parties have two options:

1. The developer eliminates everything himself in accordance with the list of shortcomings identified by the equity holder.
2. The developer pays the shareholder the cost of eliminating the defects.

To record the detected defects, a defect report is drawn up. The document is drawn up in two copies, one each for the shareholder and the developer.

Conventionally, all the shortcomings can be divided into two groups:

1. Essential.
2. Non-essential.

Under significant understand the shortcomings that make it impossible to live in an apartment: lack of sewerage, a hole in the wall or floor, broken Entrance door etc. If there is at least one significant defect, you should never sign an acceptance certificate. All of them must be included in the defective act. Only after they have been eliminated by the construction company can the act be signed and the actual date of signature put on it.

Non-essential defects that do not interfere with living in the apartment are considered. These could be mechanical defects in walls and floors, a broken door closer, a scratch on the glass, etc. In case of such defects, you can draw up a defect report and sign an acceptance certificate.

Failure of the shareholder to sign the acceptance certificate in the absence of significant defects gives the developer the right to sign the certificate himself after 2 months. According to the law, he has the right to transfer the apartment without the consent of the shareholder if he can prove his evasion from signing the deed. Additionally, the developer will have to prove that the identified deficiencies are insignificant, and this can only be done by ordering and paying for an independent examination.

It happens that the shareholder accepted the apartment, but after some time he still discovered a significant defect in it. This is not critical, since, according to the same Federal Law No. 214, residential buildings are covered by a 5-year warranty, and all internal engineering communications are covered by a 3-year warranty. During this period, shareholders have the right to contact the developer with a demand to eliminate the identified shortcomings.

It is important to understand: The law does not clearly divide or list defects into essential and non-essential. If the shareholder refuses to sign the acceptance certificate, it is necessary to write in the defective certificate that the refusal to accept this apartment is due precisely to the fact that he considers the detected defect to be significant.

​Usually developers do not enter into direct conflict with shareholders and, after certain negotiations, agree to eliminate the identified shortcomings. Or there may be an offer to conclude an agreement and correct the defects by contractors, and the developer must pay for such an agreement. Usually in such a situation you have to wait for quite a long time.

By law, the construction company is obliged to eliminate the defects of the apartment discovered by the shareholder “within a reasonable time.” But the law does not indicate what this period is in days or months. In each specific situation, you should be guided by common sense, whether the defect is really significant, and whether it makes sense to wait so long.

The average statistics are as follows: If, say, 1.5 hundred apartments are delivered at the same time, it will take about 2-3 weeks for defects to be corrected. If the number of rented apartments reaches 5 hundred, then corrections may take from 1 to 2 months. When renting out thousands of apartments, if it takes about 3 months to eliminate defects, then we can talk about luck.

Until the shareholder’s signature is on the transfer and acceptance certificate, the transfer of keys does not occur. The developer independently negotiates with contractors, hands over the keys to them and expects the shortcomings to be corrected. After all work is completed, a date is set for a re-inspection of the apartment.

The same procedure applies when signing an acceptance certificate along with a defective certificate, with the difference that the contractors will receive the keys from the shareholder and return them to him upon completion of the entire scope of the planned repair work. In this case, no one has the right to let the builders into the apartment except the shareholder himself.

This point is important, since the developer may offer to give him the keys “for the sake of speed.” There is no point in agreeing. The whole point is that after handing over the keys to the shareholder, the construction company is no longer responsible for its safety. What if the builders, in the process of eliminating some shortcomings, cause others to the apartment, for example, break a window? The disputes will be long, but the result will be the following: the dispute will have to be resolved with the contractors, since the developer is no longer responsible for this apartment and everything that happens in it, beyond what is specified in the defective act.

To summarize...

So in general outline looks like the process of communication between shareholders and developers at the last stage of their relationship - when transferring an apartment. Statistics show that in 99.9% of cases, defects are detected during acceptance - this is a reality and you should be prepared for this. However, this does not mean at all that you should agree to the persuasion of the construction company and accept housing with flaws.

Remember: you paid for quality housing and the law fully protects your property rights. The developer’s refusal to compromise or even communicate with shareholders is a gross violation of the law, so winning the dispute in court is only a matter of time. Developers also know and understand this. If you are afraid of pressure and threats, go to a meeting with a lawyer. This will help you respond reasonably to any counter-arguments and defend your own rights.

If you have any questions about how to accept an apartment from a developer, our on-duty lawyer online is ready to answer them for free.