Buying an apartment in a new building is an important event for every person. The developer is obliged to rent the house in a timely manner on the basis of the DDU. The transfer of housing after the commissioning of the building takes place on the basis of a correctly drawn up act of receiving an apartment in a new building. In this document, customers can enter the necessary information about violations and problems discovered. If the area of the apartment does not correspond to the value that is in the contract, then buyers may not sign the act.
Legislative regulation
Buying a home is considered an important deal for every person, so it is important to strictly follow the requirements of the law. This allows you to ensure the legal purity of the transaction.
Acceptance of finished housing is regulated by various legislative acts. Basic information is included in the Civil Code, therefore, buyers must consider the following points before signing the act of receiving an apartment in a new building:
- Mandatory documents when buying a home in a new house are the acceptance certificate and the contract;
- the purchase agreement may replace the acceptance certificate for the purchase of secondary housing, if it contains the relevant clauses;
- the Federal Law No. 214 specifies the requirements that must be observed by equity holders and construction companies, since the acceptance of the object must be carried out within 7 days after the construction process is completed;
- it is allowed to stretch this process up to six months, if interest-holders reveal serious violations committed by the developer;
- The acceptance certificate is required when registering the right of ownership to housing, therefore it is transferred together with the contract to the Federal Registration Service.
A document is prepared by the direct developer. Even if the signing of the act of transfer and acceptance of the apartment in the new building is carried out, this cannot become an obstacle to presenting different requirements to the developer regarding various violations in the house.
When is the document signed?
After the construction of the house is completed, the developer must notify all shareholders of this process. Over the next 7 days, direct housing acceptance is made, for which buyers carefully inspect the apartments. They check the quality of the available elements and the characteristics of the object.
A housing inspection sheet is formed on the spot, in which interest holders can enter various claims when violations are discovered. Based on this document, a decision is made about the possibility of signing an act of acceptance of transfer of an apartment in a new building. Having a signed act will not help the construction company avoid responsibility for various violations.
When is the preliminary act formed?
When drawing up the act of receiving an apartment in a new building, the correct structure and content of the document should be taken into account. This document is drawn up exclusively in writing. It can be part of a direct contract if housing is purchased on the secondary market.
Initially, a preliminary act of reception and transfer of an apartment in a new building is drawn up. It should list all the parameters of the object. There is always a section intended for the buyer to include all discrepancies or violations found here. Based on the preliminary act of transfer and acceptance of the apartment in the new building, it is decided whether the final act will be signed. If there are many irregularities, then the buyer may demand that the defects be rectified initially. Only after this is the final act signed.
Document Content
Buyers should know what information is entered in the act of acceptance of transfer of an apartment in a new building. What to look for? By all means in this document there should be data:
- area and address of the apartment;
- materials from which the house was built;
- number of rooms in the apartment;
- the presence of failed communications;
- other important characteristics of the facility;
- other data may be entered by the buyer of the apartment, which include detected defects in decoration, lack of communications, improper installation of plumbing or other devices, mismatch of the facility area with the previously set value, or lack of an elevator.
Before signing the act, you should make sure that the house has a mailing address, and that the developer and the city administration have no problems regarding the commissioning of the object.
All deficiencies identified during the inspection process are certainly recorded in an official document. Therefore, the act of receiving and transmitting an apartment in a new building must be completed competently by the buyers of the property. All identified deficiencies should be addressed in a short time by the developer. Only after this is repeated acceptance of housing.
The consequences of the lack of a document
The act of receiving an apartment in a new building must be compiled by the developer and signed by the buyer of the object. The absence of this document can lead to numerous negative consequences for both parties to the transaction. These include:
- due to the lack of official confirmation of the transfer of the object, the shareholder can file a lawsuit in court, on the basis of which the developer is held liable;
- if the housing is destroyed due to a fire, flood or other force majeure circumstances, the construction company will be directly involved in the restoration, as it will not be able to prove that the housing was transferred to the buyer;
- if tenants by various actions cause damage to neighbors, then it is the owner, represented by the developer, who will deal with compensation for harm;
- apartment buyers will not be able to dispose of it at their discretion, as they lack evidence of tenancy.
Therefore, an act of reception and transfer of an apartment in a new building is necessarily compiled. A sample of this document is often used by developers, which avoids violations and errors.
Signing Rules
To purchase a home in a new building, the buyer will certainly sign two documents:
- a property inspection sheet, called a viewing list, and information is entered into it only if there are really serious problems and errors made by the developer during the construction of the property;
- acceptance certificate.
Documents should contain identical data, so all buyers should know what to look for. The act of admission of an apartment in a new building and the inspection list should include data:
- details of the construction company;
- passport data of buyers;
- legal address of the company;
- all deficiencies identified during the inspection of new real estate;
- Dates are given during which the identified deficiencies should be addressed;
- indicates the responsibility that the developer will have to bear if the shortcomings are not eliminated within the established time frame.
The buyer must receive a copy of both the inspection leaflet and the certificate. Usually these documents are not certified by a notary, but if necessary, you can use the help of this specialist.
Consequences of default by the developer
All shortcomings are eliminated by the developer solely at his expense, but if some obvious errors were not indicated in the act, then it is up to the shareholder to eliminate them. If the company has not fixed the problems in a timely manner, then different penalties can be applied to it:
- accrual of compensation, which is paid to the new owner of the apartment, so that he can further cope with the existing shortcomings in housing on his own;
- reduction in the value of real estate, for which it is taken into account exactly what amount of funds will be needed to complete the repair.
How is the act of receiving an apartment in a new building? The document is created by the direct developer, but apartment buyers have the right to make certain adjustments to this paper. At the same time, it certainly bears the signature of the responsible person of the construction company. A sample acceptance certificate for an apartment in a new building is located below.
How to recover a document?
Often, for various reasons, the act of acceptance of housing is lost or destroyed, but in order to receive a tax deduction, the buyer needs to transfer this document to Rosreestr. Under such conditions, the question arises of how to restore the act of transfer and acceptance of an apartment-new building.
The rules for restoring a document include:
- initially, you can directly contact the developer to ask for a duplicate of the act, and usually it is provided without any difficulties in a short time;
- if the right to an object in Rosreestr has already been registered, then directly at this institution it is possible to request a copy of the document.
According to the law, if the buyer has already registered housing for himself, then he does not need to use the act of receiving an apartment in a new building. Deficiencies identified after the signing of this document are eliminated by the developer within the warranty period.
If the new owner wants to sell the property or make other transactions with it, then an act is not required for these purposes.
What to pay attention to?
Often, citizens who accept housing in a new building are lost, so they do not notice various obvious problems and mistakes made by the construction company during the construction of the object. Therefore, it is recommended to study in advance a sample of the act of transfer and acceptance of an apartment in a new building, as well as determine which particular elements of housing should be investigated with particular care. This will detect various flaws and deficiencies promptly.
In the process of making housing, you should definitely make sure of the integrity and high quality of the following elements:
- Entrance door. There should not be any problems or obstacles with its opening or closing. Locking devices must be of high quality, new and working well.
- Door and window openings. They should be rectangular and even. Skews or completely collapsing edges are not allowed. The width of the doorway should not be less than 70 cm.
- Walls of premises. They must be even, therefore significant vertical deviations are not allowed. Cracks or other significant problems are not permitted. Particular attention is paid to the corners of the premises, since all openings should be covered with building mixtures. It is advisable to make sure that there are no different streaks, spots or other signs that the room is damp. It is recommended that you initially take the level or plumb with you to the acceptance of the apartment. Even minor protrusions and irregularities are desirable to indicate in the act of acceptance.
- Partitions between rooms. They must be strong and even. They must be created from really high-quality and reliable materials, otherwise they will not be possible to use to attach cabinets or shelves.
- Screed quality. The floors should be smooth and without different cracks and other problems. The height of the floor should correspond to the information that is available in the construction project. If there are voids or other significant deviations, they should be indicated in the acceptance certificate.
- Size and condition of the balcony. If the project documentation indicates that the apartment should have a balcony or a loggia, you should make sure to buyers that the developer has not moved away from the data in the documents.The room should have the right area and quality finishes. No voids, no seal or other problems are allowed.
- Connection to utilities. A house can be put into operation only after the construction company has completed all the necessary steps to allow citizens to use real estate for permanent residence. Therefore, the structure without fail connects to all the necessary utilities. These include electricity, heating, water supply, sewage and ventilation. All systems should function normally and be safe for citizens. The number of radiators should match the available quadrature. In the rooms, wiring of water supply and sewage pipes should be carried out. If there is gas in the house, then the developers prepare all the devices for connecting the gas stove.
Before visiting the apartment for acceptance, it is advisable to study in advance what the act of receiving an apartment in a new building looks like. This will make sure that the document received from the developer contains all the necessary items and information.
If the buyer finds even the smallest and most insignificant problems, they should be recorded in the act. This will help to avoid problems in the future, when the developer can prove that the shortcomings that have arisen are a result of the poor attitude of the new owners, so they will have to independently carry out restoration or repair work.
How long does the acceptance take?
For each person, the acceptance of a new apartment is a serious and specific process, which usually takes a lot of time. Typically, it takes about two hours. There is an opportunity to take the help of a specialist who knows what it is necessary to pay attention to in order to identify all the shortcomings in the object.
Before signing the documentation, it is recommended to study the example of the act of receiving an apartment in a new building. Defects discovered during the inspection should be correctly listed in this document, which guarantees their elimination in a short time by the construction company.
Directly, the act should include information on how much time the developer should eliminate the identified problems. After a full inspection of the apartment, an inspection sheet is formed, which is created in duplicate and registered with the developer.
A situation may arise when a representative of a construction company simply refuses to sign a document that indicates the need to eliminate certain shortcomings. Often, there is pressure on equity holders to simply sign an acceptance certificate without entering different information into it. In this case, the provisions of the Federal Law No. 218 are taken into account, indicating that the law is completely on the side of the shareholder, so he may refuse to sign the document. Under such conditions, the developer remains the owner of the object, therefore, is fully responsible for its condition. All disagreements will have to be resolved through the court.
If the shortcomings are really serious, then often you have to completely refuse to buy a home, for which DDU is terminated, and the developer is obliged to return all the funds received from the shareholder. Additionally, compensation may be required, the amount of which is determined depending on the cost of housing.
Conclusion
Buying a new home is considered the best choice for many people. After putting the house into operation, the developer must transfer the apartments to the new owners within 7 days. The procedure is performed by examining the premises and signing the acceptance certificate.
In this document, equity holders can enter different data on violations and problems that must be resolved by the company in a timely manner.Repair can be replaced by compensation, the amount of which corresponds to the expenses of the owners to bring the housing in order. If the developer refuses to follow the requirements of the law, then the differences are resolved through the court.