How to accept an apartment from a developer built under a shared construction agreement

The wait for the long-awaited housewarming has come to an end, sleepless nights and doubts about the reliability of the developer are over. Finally, the time has come for the final stage of purchasing a home - acceptance. You should accept an apartment from the developer with a fine finish after the partner informs you about the need to sign a special document - the apartment acceptance certificate. Until this moment, you can still correct the shortcomings in the apartment, the main thing is to find out what you need to focus on?

What is a fine finish

Clean finishing is an option for renting out housing when the apartment is fully prepared for occupancy, and you can safely bring in furniture and comfortably celebrate your housewarming. All construction and finishing work has been completed, plumbing equipment has been installed, communications have been installed.

But experience shows that the quality of finishing lies entirely on the conscience of the developer and it is the owner of the new home who needs to check it for his own peace of mind. To avoid having to change plumbing fixtures or fix crooked walls in an emergency manner in the near future, when accepting housing it is important to identify all defects as much as possible. How to accept a new apartment with a fine finish?

The main task of the shareholder is to discuss (and write down) all the points that do not suit him when accepting the apartment, while still on the shore. Developers provide guarantees, but correcting deficiencies after signing the Agreement will be much more difficult.

Any defects found must be carefully recorded on the inspection sheet. It is important to know that the shareholder has the right not to sign the deed until the noted deficiencies are eliminated. The second, more acceptable option is that the acceptance certificate is signed, but an appendix is added to it with listed defects and deadlines for their correction.

If the developer does not correct the noted defects, he must adjust the price of the apartment by an amount equal to your costs for the upcoming repairs.

Documentary part of apartment acceptance

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

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

What is needed to accept an apartment:

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

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

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

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

Time frame for transferring an apartment to a shareholder

After the developer reports the completion of construction of the house, in accordance with Federal Law No. 214, shareholders are required to accept the apartments within a seven-day period.

A small clarification: immediately after the positive conclusion of the state commission on the acceptance of the object, the developer can transfer the apartment to the shareholder within 3 - 6 months. These deadlines are associated with bureaucratic delays, which are not always dependent on the developer, and here you just need to be patient.

When the terms of transfer of housing are delayed for six months or more, it is necessary to take decisive measures, involving experienced lawyers in the problem. To avoid such an outcome, it is necessary to formalize equity participation at the beginning of construction in accordance with Federal Law No. 214, which provides for penalties for changing deadlines.

Deadline for registering ownership of an apartment under a shared participation agreement

The legislation establishes a 7-day period (clause 1 of Article 16 of Federal Law No. 218), during which employees of the registration service are required to register ownership of any real estate, including an apartment acquired under an equity participation agreement. Within the specified period, the following actions are carried out in general order: · acceptance of an application for state registration of rights; · legal examination of submitted documents, · verification of their authenticity, the legality of this transaction, · identification or exclusion of circumstances that impede the registration of ownership rights to a given property; · entering the necessary information into the Unified State Register of Real Estate (USRN); · issuance of documents with a registration inscription on an agreement or other title deed (in the future, if necessary, the owner can receive an extract from the Unified State Register of Real Estate for his property, which is issued when applying to Rosreestr or the MFC from the beginning of 2021). It is important to know that the period is calculated in working days and is counted from the day the documents are submitted for registration. Often this deadline is not met, and this may be due to the verification of the documents provided, or depend on the number of owners of the purchased property, the availability of a mortgage loan and other factors. In this case, in order to comply with the legality and validity of such violations of the deadline in paragraph 2 of Art. 26 Federal Law dated July 13, 2015 No. 218-FZ provides for a 3-month period for suspending the registration of rights to eliminate the reasons.

Acceptance of an apartment - quality test

How to accept an apartment from a developer in order to subsequently avoid additional costs:

First of all, you need to be patient, even if the desire to become the owner of an apartment as soon as possible is very strong, you cannot sign the documents offered by the developer without carefully checking each item.
It is necessary to make sure that the apartment transferred by the developer corresponds to the declared quality, because all accepted deficiencies will have to be eliminated independently, spending additional time and resources.
You should not sign the acceptance certificate for the apartment even after indicating the defects ─ you need to make sure that all defects have been eliminated. If the act is signed, it is considered that the developer has fulfilled his obligations and it is impossible to present him with additional defects.

If you draw up the transfer and acceptance certificate correctly, with a detailed indication of the shortcomings, then, in accordance with Federal Law No. 214, the developer must:

correct all specified defects;
change the price of the apartment in accordance with the detected deficiencies;
compensate for the shareholder's expenses allocated to eliminate the defects indicated at acceptance.

It is also important to remember about the five-year warranty period, which applies to all facilities built in accordance with Federal Law No. 214. It is possible that the developer indicated in the DDU that he is not responsible for shortcomings in the constructed facility; anyway, these clarifications do not have legal force. But it’s still better and easier to forge the iron while it’s hot, because it’s much more difficult to prove the developer’s guilt after acceptance.

What you may need when accepting an apartment

matches or lighter;
A4 paper with a pencil or pen;
a piece of chalk to fix defects;
a hammer drill or other powerful electrical appliance;
flashlight (even in good lighting to take meter readings and compare with passport data);
voltmeter, screwdriver-tester;
laser level or long, flat bar;
plumb line, hammer.

How to accept an apartment from a developer with finishing, so that you don’t have to start with renovations later? To do this, you need to study in detail where and what type of deficiencies need to be checked.

What places in the apartment are checked upon acceptance without fail?

First ─ the surface of the floors (screed), walls, ceiling;
Next ─ ventilation and glazing of rooms, balconies (loggias);
After this ─ water supply, heating and sewerage systems;
And finally ─ power supply to the apartment.

The procedure for registering ownership of an apartment under a shared participation agreement

Ownership of housing acquired under a shared participation agreement can be registered in two ways: 1. entrust registration to the development company; 2. handle the registration personally. In the first case, this service is paid; you will also need to pay at the notary’s office for the execution of a power of attorney in the name of the construction company’s lawyer. It is quite possible that the registration procedure will take much longer than if you contact the registration service yourself. If the shareholder decides to engage in state registration of property rights on his own, then for this he needs to contact directly the Rosreestr or the MFC (multifunctional center). The registration procedures are identical. Documents are accepted in the presence of all apartment owners and a representative of the construction company - the developer. First, the registrar fills out an application for registration, which includes data identifying all owners of the property, the address of its location and technical characteristics, as well as a list of documents submitted for registration of property rights. After which the application is signed by the applicant or applicants, if there are several of them. A separate application is also filled out by the seller of the property, in this case, the developer’s representative. When accepting documents for registration of property rights, the registrar issues a receipt of their acceptance, which indicates the date of registration of the corresponding right. At the appointed time or at any other time after this date, the homeowners are returned their copy of the share participation agreement with the registration inscription and the apartment acceptance certificate. From this moment on, the former shareholders become the full owners of the acquired property with the right to dispose of it and perform any non-illegal actions.

How quality control occurs: step-by-step instructions

Walls, ceilings, floors

All surfaces in the apartment: floors (screed), walls, ceiling. The main criterion by which one can judge the quality of all surfaces in an apartment is how smooth they are. How to control quality? The deviation of the walls from the vertical is checked with a plumb line. The flatness of the floors and ceilings is checked with a laser level.
Checking the walls. You need to know that for different types of material the amount of deviation from the vertical differs, for example, in brick houses - up to 5 mm, and in monolithic panel houses - up to 15 mm. The relief of the walls must be perfectly smooth (without cracks, breaks, mortar sagging, etc.). Separately, you need to check the corners of the walls, which must be strictly vertical and smooth. If the walls are covered with wallpaper, then the pattern at the joints should match, and there should be no bubbles on the surface. wallpaper for painting is painted uniformly, without smudges. Ceramic tiles should lie evenly, with smooth grouting. You can tap the presence of voids between the cladding and the wall.
Checking the floor. Slight unevenness of the floor is allowed, but without obvious errors ─ cracks and crumbling surface. The floor is checked with a hammer, tapping each square meter and checking it for the possible presence of voids, which is manifested by a dull and quiet sound; the places of suspected voids should be marked with chalk. The height of the floor in different rooms of the apartment may differ slightly, but not more than 10-20 mm difference in height.
If the apartment is finished, you need to check the flooring. The floors in no room of the apartment should squeak, because under the linoleum there should be a moisture- and sound-proofing substrate. The covering should be laid evenly and not swell. If there are joints on the linoleum, they must be carefully sealed. The laminate planks are fitted tightly to each other, a small gap is left only between the wall and the laminate plank (laying technology in case of expansion). You should also check the presence and quality of installation of skirting boards around the entire perimeter of the floor. Places of transitions (differences) must be covered with thresholds.
Checking the ceiling. Be sure to check the ceiling height in all rooms of the apartment for compliance with that specified in the design documentation. The ceiling, like all other surfaces of the rooms, must be smooth and even, without voids or differences at the joints, without traces of leaks. If you didn’t grab the level, you can use a long strip, pressing it tightly against the ceiling slabs. The permissible difference between planes is no more than 2-3 mm, this is especially important for ceilings to be painted. If you have wallpaper, check the quality of the ceiling finish.

If you don't check

If you do not understand the rules for accepting an apartment from the developer or accept it carelessly and hastily, then you may regret it more than once. For example, uneven walls will quickly reveal themselves when wallpapering or other cosmetic repairs are made - in each option the walls will look unpresentable. Only a highly qualified specialist - a builder - can eliminate such a serious defect, whose services will cost a pretty penny, plus waiting for the result of leveling the walls, which precludes normal living in a new apartment. As a result, time, money, and nerves will be lost.

Ventilation, glazing of rooms, balconies, loggias

Checking ventilation. When checking ventilation, you can use a sheet of paper. If the ventilation unit works well, then a piece of paper attached to the ventilation hood will simply stick and not fall, and if you light a match, its flame will deviate towards the outgoing air flow. Such control makes sense only after drafts in the apartment have been completely eliminated. In the kitchen, toilet and bathroom, air should be drawn out of the apartment through ventilation openings, and not vice versa.
Checking windows, balconies or loggia. Using a laser level in three planes, you need to check how smoothly the windows and balcony doors are installed. After this, you need to check all the fasteners to see how securely they are held in the door and window openings. All gaps between window frames and openings must be filled with foam. Double-glazed windows and frames in window and door units must be intact, without chips or cracks, clean, and tightly adjacent to the frames. There should be no blowing from the windows, and the draft should be checked by running your palm along the perimeter of the frame. It is very easy to check the number of chambers in a double-glazed window: just hold a lighter or match to the window - the number of times the flame is reflected in the window, the number of chambers.
Window sashes in normal condition open freely and close tightly, thanks to the presence of a seal. You need to check all the fittings ─ hinges, handles and locks on the windows and balconies - they are fastened securely and should work without much effort, the hinges do not dangle, the glass does not rattle when opened. The slopes must be checked with a level: the upper and lower slopes must be strictly parallel and horizontal, the side slopes must be vertical and smoothly plastered. The front door must also be airtight, easy to open and close tightly, and a lock on the door is required. Doors must close tightly - no distortions, cracks, or squeaks. Look at the seal, boxes and slopes, and also try all the locks on the entrance doors. Whole and clean glass on interior doors should not rattle when opened. On the loggia and balcony you also need to check the glazing and general appearance.

Water supply, heating and sewerage system

Sewer inspection. Particular care must be taken to check the joints of sewer tees and drains ─ if the sealing is poor, they will let foreign odors into the apartment. Sewage pipes must be strictly vertical and secured to the walls with special clamps. Sewer tees must be installed in an accessible location so that they can be easily accessed when installing drains. According to the standards, the installation height of the tee from the floor along its lower part should be no more than 5 cm. If the conditions are violated, then, for example, it will be impossible to normally connect an automatic washing machine: you will have to install an additional podium to create the correct wastewater slope.
Heating check. Here you need to check the quality of the radiators (tightness, absence of damage and dents), as well as the correctness and reliability of their fastening to the wall. See how temperature controllers work. If during the warm season the heating is not yet turned on, then you can simply check whether they scroll freely. Check the connections of the heating radiators to the pipes of the home heating system.
Checking the water supply. Opening all the taps one by one, you need to check in the kitchen and bathroom for normal water pressure. Water pipes must be vertical. Carefully inspect the floor near the pipes for the presence or absence of signs of leakage, which may indicate poor sealing of the connections. Don’t be lazy to check the operation of the shut-off valves ─ they will be useful to you.

Apartment power supply system

First of all, you need to check the voltage level in all sockets in the apartment with a voltmeter. Then check the complete set of the incoming electrical panel:

automatic switch (so-called “automatic”);
electricity meter;
residual current device (RCD).

Check the functionality and fastenings of household sockets and switches, and the feasibility of placing them in different areas of the apartment. For this purpose, you can use a mobile phone charger.

The power supply system must not only be installed correctly ─ but it must also withstand high voltage. Sometimes, in order to save money, developers install low-quality electrical equipment or install it without complying with the standards specified in the project documentation. The load on the network can be checked using a powerful energy-consuming device, or it is better to turn on several at once. You can check the functionality of the cartridges by screwing an electric lamp into them one by one.

In addition to finishing the kitchen and bathroom, it is necessary to check the serviceability of the installed electrical equipment. The electric stove is connected to the network: if it heats up normally without knocking out the network, then everything is in order. Gas stoves must be checked for tightness of the hose connection, absence of gas odor when the burners are on, and an even flame without soot.

Sinks in the kitchen and bathroom, and the toilet must be stable, without mechanical defects. There should be no condensation on the pipes and wiring; examine the connections especially carefully. It is also necessary to check the operation of the mixers, as well as the ball valves that shut off the water. Sewer tees and waste pipes must have the required slope, and water valves must have reliable covers.

Metering devices

It is also necessary to check the operation of electric and water meters - check seals, access for taking readings. Record the readings taken.

If at the time of acceptance of the apartment and drawing up the act there is no gas, electricity or water in the house, the procedure for signing the document must be postponed! If it is not possible to reschedule the date and the system could not be checked, this must be reflected in the act, indicating that the reason is the lack of technical capabilities.

If additional networks are connected to the apartment (Internet, telephone, TV, intercom), you need to check their functionality, the integrity of the cables and their length, convenient for full switching.

It is important to pay attention to the presence of a fire safety system. At least one fire alarm sensor is placed in the apartment; it is usually located above the front door. Shareholders on forums exchanging experiences on how to accept an apartment from a developer have compiled a list of shortcomings that they had to encounter when moving in:

The integrity of the windows and doors - the glass is broken, the breaks in the doors are covered with dirt, they open with a creak, there are burn marks from welding on the window sills.
Gaps and holes ─ you can see the neighboring apartment in the gaps, wires are sticking out of the hole in the ceiling.
The sewer riser is clogged with construction debris.
The surrounding area is not landscaped.
The elevator hits the walls of the shaft as it goes up, it squeals and creaks, it’s scary to move around in it.
The landing and staircases are far from perfect.
The front door ─ a hole was drilled, but they forgot to insert a peephole.
Shut-off valves and regulators ─ there are no half-turn keys (rotary valves) on the shut-off valves to shut off the water.

How to correctly draw up a transfer and acceptance certificate

Defects found must be recorded on inspection sheets (in duplicate on both sides) and checked again carefully after they have been eliminated. When the parties have reached an agreement, both copies of the deed are signed - one copy for the shareholder, the other for the developer.

At the time of signing the acceptance certificate, the house has already been accepted by the state commission, and the BTI must carry out all the necessary measurements. The act is a mandatory document for the package of papers required when registering property rights in Rosreestr. It actually approves the transfer from one party to another of all rights and responsibilities for the maintenance of real estate. Then responsibility for the safety and condition of the home passes to the owner of the new home. Therefore, filling out the document must be taken with full responsibility.

The act must contain the following information:

date and place of compilation;
Full name and passport details of the shareholder, full details of the Developer, and the seal of the organization is required;
description of the object - address, condition of the apartment, square footage;
a detailed list of comments with designated periods for correction, after which the document will come into force;
warranty obligations of the Developer;
Additionally, the apartment acceptance certificate may contain data on cash payments.

The video shows how to accept an apartment from a developer without finishing.

WHAT SHOULD BE REFLECTED IN THE TRANSFER AND ACCEPTANCE ACT WHEN PURCHASING AN APARTMENT?

When purchasing an apartment, a written purchase and sale agreement must be drawn up and a transfer and acceptance certificate must be signed. It is after the delivery of the property to the buyer, for example, by handing over the keys, and the signing of the act, the seller’s obligation to transfer the residential premises is considered fulfilled (Article 556 of the Civil Code of the Russian Federation).

In the act of acceptance and transfer of the apartment, in addition to the date and place of drawing up the act, as well as the number and date of the purchase and sale agreement, the following information must be indicated.

Data on the parties to the purchase and sale transaction

If the parties are individuals, then the act indicates their full name, passport details, and registration addresses. If at least one of the parties is a legal entity, the name, INN, OGRN, legal address of the organization, as well as full name are indicated in the act. the representative signing the agreement and act, and information about the document (name, number, date) confirming his authority.

Data that allows one to definitely establish the subject of the transaction - an apartment

The transfer and acceptance certificate must necessarily indicate the characteristics of the transferred premises - type of premises (apartment), number, number of rooms, address of the residential building in which the apartment is located, common and living areas. In addition, other identifying features of the premises may be indicated: floor, entrance, number of levels of the apartment, number of storeys of the entire building, etc. This information is reflected in the extract from the Unified State Register of Real Estate and the technical passport for the apartment provided by the Rosreestr and BTI authorities.

It should be noted that the keys to the apartment were handed over to the buyer.

Payment under the contract

The acceptance certificate also reflects the fact of payment of the cost of the apartment in accordance with the terms of the purchase and sale agreement. For example, like this: the buyer transferred and the seller accepted funds in the amount of the contract price, the seller has no claims for payment. You can indicate the details of payment documents or, if the payment was made in cash, indicate the date of receipt of the seller’s receipt of the amount of money to pay for the cost of the apartment.

In addition, in the deed, the parties to the agreement can reflect the absence or presence of debt to the seller for utilities and other payments for the maintenance of the house at the time of transfer of the apartment.

A list of property, equipment and defects in the condition of the apartment

It is very important for the buyer to include in the transfer and acceptance certificate a list of property and technical equipment purchased along with the apartment and located in it at the time of transfer (for example, pieces of furniture, plumbing fixtures), as well as to determine all the shortcomings in the condition of the apartment (for example, the condition of equipment, absence or presence of repairs, etc.) and describe the existing defects. For the seller, reflecting this data in the act will allow him to avoid unfounded claims from the buyer in the future.

Signatures of the parties

The transfer deed is drawn up in simple written form and signed by the parties to the agreement. Signatures of the parties are not subject to mandatory notarization. The signatures indicate that the parties have no claims against each other, but this fact can be indicated separately in the act.

Certificate of acceptance and transfer of apartment upon sale

-a document confirming the fulfillment of all terms of the contract of sale and transfer of residential real estate. When completing the purchase and sale of an apartment or other residential real estate, it is mandatory to conclude a bilateral purchase and sale agreement. This act specifies all previously agreed upon terms of the transaction, including all responsibilities and obligations assigned to both parties.

Let's sum it up

Remember that, in accordance with Federal Law No. 214, the shareholder may not sign the deed if he is not satisfied with the quality of the apartment, although this will not speed up the solution to the problem (defects are found in half of the apartments in new buildings), but will only quarrel with the developer. The ideal way to eliminate defects is to sign the acceptance certificate while simultaneously indicating in the attachment all the defects identified in the presence of the developer (his representative) upon acceptance of the apartment. The list of shortcomings must be duplicated for yourself, in two copies.

Buying an apartment from a developer is fraught with many surprises, and to ensure that they are all pleasant, do not relax at the final stage. It is important to know how to accept an apartment in a new building, although, of course, you cannot provide for everything, but many unpleasant situations can be avoided with high-quality acceptance.

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

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

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

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

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