In life, there are cases in which the act of receiving and transmitting an apartment is simply necessary. To appreciate the importance of this document, you need to become familiar with these situations.
Real estate activities
The purchase of an apartment is a pleasant, but difficult business. No less problems this question also brings the seller. Prior to the sale, he needs to collect a solid package of documents. It takes a lot of time and effort. And when both parties come to a final agreement, the moment comes for the transfer of real estate. Some reduce it to the usual handshake and handing the keys. But do not forget that in this case, it is also necessary to draw up an act of reception and transfer of the apartment. What is this document and why is it so needed? Here you need to understand everything in order.
The one who believes that the sale of an apartment can only be decided by means of an ordinary contract is mistaken. This document only confirms the fact of the transaction according to the usual scheme “goods - money - goods”. An act of transfer and acceptance of the apartment must certainly be attached to it, which will indicate that the property has really been transferred from the buyer to the seller. This step should be reflected in the text of the contract itself. In accordance with this document, the buyer, together with the right of ownership, acquires additional obligations for its maintenance and maintenance. It must be remembered that even after signing the contract of sale, the seller is responsible for the safety of the apartment. And after he has in his hands an act signed by both parties, the responsibility for this property passes to the buyer.
Features of shared construction
Today, a very common way to purchase housing is shared construction. Of course, it has certain advantages. This mainly concerns payment issues. After completion of work, the developer must transfer the finished apartment to the owner in his full possession. To do this, he must send a notification to the future owner. Sometimes this is done by phone or by sending SMS, but by law an invitation of this kind must be received by mail. Having met with the developer, the landlord must sign a pre-prepared acceptance certificate for the apartment. After this, the apartment passes into the hands of the new owner, and now he will be responsible for her condition. Do not rush and immediately sign such a document. The owner has the right to carefully examine everything and note the existing deficiencies. And the developer is obliged to eliminate all the problems found within the agreed time. After signing the act, this will no longer be possible. The owner of the apartment will become its full owner, and these responsibilities will fully fall on him.
Paper work
To become the owner of a new home, you must first require from the seller all the necessary documents for the purchase of an apartment. There are not so many of them, but it is these papers that will help once again verify the purity of the transaction.
The previous landlord must show:
- Information about the composition of the people registered in the apartment.
- Consent of the spouse (if any) to the transaction.
- A certificate confirming the absence of arrears in payment for utilities.
- An extract from the Unified State Register of Rights, which will indicate not only the existence of a property right, but also the absence of any encumbrances or restrictions on this property.
In addition, you will need other documents to purchase an apartment:
- Passport of the owner of the apartment.
- Proof of ownership. This may be a gift or privatization agreement, as well as a certificate of inheritance. In such a serious matter one cannot take a word.
- Technical passport for this residential premises, which will indicate all the main characteristics of this facility. If we are talking about secondary housing, then quite often there are cases of redevelopment. All this must be documented and paid. A new passport should be compiled taking into account the reconstruction.
Only then can you proceed to the last stage of the purchase.
Temporary transfer of real estate
In modern conditions, people often use rental housing. Thus, they get the opportunity to be in the apartment freely, without having any property rights to it. A similar transaction is also executed with the help of an agreement, to which the act of acceptance of transfer of the apartment must be attached. Renting is a very convenient way for those who are looking for temporary housing. It can be a long trip or any other situation.
But even in this case, housing must be transferred in accordance with all the rules. Drawing up such an act is beneficial to both parties. The landlord will be sure that someone is temporarily liable for his real estate. And the new owner acquires the right to officially reside in the territory he has chosen. The main component of such an act should be a description of the actual condition of the apartment. The document must indicate all the shortcomings (faulty plumbing, problems with wiring or a broken cabinet door). First of all, it is beneficial to the tenant. He can safely be in this room, without fear that in a couple of days the owner will appear and force him to make repairs.
Compliance with the rules of registration
Both parties must sign the act of acceptance of the apartment. Only after that the transaction can be considered final. If one of the participants has any claims to the other, then it is better to find out in advance. But sometimes, due to the dishonesty of one of the parties, serious problems arise.
For example, a person decides to sell an apartment. He makes partial repairs there and shows it to customers. And on the last day, new owners come to the apartment and see that the new wallpaper, it turns out, was only in visible places, and behind the cupboard and carpet there were old and worn ones. In this situation, the buyer will naturally refuse to sign the proposed act. After all, he counted on a good repair, and now he will have to do everything anew. In this case, he, as the new owner, has the right to demand to correct the deficiency or to pay the cost of new wallpaper. And if the document had already been signed, then there would be no talk of any claims. Naturally, since the signature usually indicates full agreement.
Type of document
According to the law, the form of the act of acceptance is not regulated. It can be composed arbitrarily as convenient for both sides.
The main thing is that the following information is present in it:
- The name of the document, as well as the place and date of its preparation.
- Data on participants in the transaction (F. I. O., passport details and address of residence).
- Full description of the object. This includes the address, size (area) and its actual condition.
- Data of the document that served as the basis for the transfer of the object (contract of sale).
- Confirmation of the absence of any claims to each other.
- Signatures of both parties.
If you wish, you can pre-prepare a form in which to leave free space for subsequent filling. Such acts are always drawn up in 2 copies. One necessarily remains with the buyer, and the second is taken by the seller. Each of them will have official confirmation in their hands, which must be noted in the contract.
Download the act of acceptance of the apartment
