How does the acceptance procedure for a new building take place, what should be in the apartment, what to pay attention to... Our tips will help you avoid typical buyer mistakes.

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

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

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

There are cases when shareholders agree to sign the transfer and acceptance certificate directly in the office - this should not be done before the actual inspection of the apartment. Otherwise, you won’t be able to prove the legality of your claims if serious defects are found in the apartment.”

What to do if you cannot attend the transfer of the apartment?

If you are in another region or even country and there is no opportunity to come, it is better not to delay accepting the apartment. Your representative can do this with a power of attorney. Otherwise, the developer will draw up a unilateral deed of transfer of the apartment on the basis that you were properly notified and did not appear. And then you will lose a very good time to identify and eliminate deficiencies.

There is another delicate point: what to do if one of the shareholders dies? Here is what lawyer Maria Bast, chairman of the Russian Bar Association for Human Rights, says about this:

“Even if the ownership right has not been registered in Rossreestr, the right of claim is included in the inheritance mass. And you can contact the Rossreestr in the order of inheritance. A notarial procedure for entering into an inheritance is required, the application is submitted within 6 months from the date of death of the person, the notary collects documents, you can bring the share participation agreements of the deceased and include the claim under the agreement in the inheritance estate. Six months later, the notary issues a certificate of the right to inheritance for the property specified in the certificate, incl. and the right to claim."

On this basis, you can already contact the developer regarding acceptance of the apartment and Rosreestr regarding subsequent registration.

Inspection of an apartment in a new building

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

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

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

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

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

Be sure to make sure that the angles between the walls are straight (unless otherwise provided by the apartment design).

Even if you bought an apartment without finishing, correcting the “non-vertical” walls can cost you a pretty penny. In addition, this operation may reduce the area of ​​the apartment.

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

By the way, carefully study the contract; it may stipulate a minimum area, the shortage of which is not subject to compensation. Or a fixed compensation price is indicated.

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

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

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

It is often advised to inspect the seams (corners, space under windows) for leaks and mold. In this way you can check the “leaks” of the apartment. Our advice, which is relevant, however, only during the heating season, is to examine the apartment using a thermal imager. You can rent it (in the Moscow region - about 2 thousand rubles per day) or there is an option to buy a special attachment for mobile phones and download the corresponding application. The presence of cold bridges invisible to the eye is a shortcoming that builders must eliminate.

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

Record meter readings (electricity and water).

All serious defects must be recorded by photography and video.

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

It is believed that it is easier to accept an apartment without finishing. Especially the one where communications are brought only to the entrance to the apartment. The finishing hides many imperfections; for example, it is no longer possible to assess how smooth and horizontal the floor screed is, and whether it is crumbling in some places. But that’s why the developer gives a guarantee, to reveal the presence of hidden defects.

On the other hand, in an apartment with finishing, many possible shortcomings are more “understandable” (such as whether the faience on the plumbing is chipped, or whether the wallpaper is peeling). The annex to the share participation agreement must describe the characteristics of the materials used for finishing.

When accepting an apartment, experts advise asking for documents confirming that these are the materials that were used.

What to do with shortcomings when accepting a new building?

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

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

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

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

But in any case, according to Law 214, the developer provides a guarantee for both the house and the engineering, so you should submit a written application and seek to eliminate the defects. Strict deadlines are not established by law, but according to experience, most often it is from three weeks to three to four months, depending on how many buildings (and how many apartments) are commissioned in one phase.

If there are significant shortcomings during acceptance, the buyer of the apartment has another way - to document, fix the problems himself, and then demand reimbursement of expenses through the court. But it is clear that this path is more troublesome. In addition, lately developers have preferred not to engage in confrontation with apartment buyers.

Why do you need an apartment acceptance certificate?

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

Although, as Marina Komogorova, deputy head of the department of new buildings at NDV-Real Estate, says, there were cases when the developer began to demand payment of utility bills from the moment the house was handed over, rather than the apartment being transferred. By and large, this is illegal (unless it is specified in some appendix to the agreement for shared participation in construction).

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

By the way, this is why the presence of construction waste at the stage of accepting an apartment is a bad sign (at this time the house has already been transferred to the balance of the management organization and waste removal can be included in utility bills).

To protect yourself from unforeseen situations and problems, it is important to know how to accept an apartment in a new building without finishing from the developer, what nuances to pay attention to, and what documents you should have in the process of accepting an object transferred under the DDU.

Receiving the keys should not be perceived as a formality. It is worth carefully examining the property for hidden defects, promptly pointing them out to the construction company and demanding that the situation be corrected. The developer's refusal to eliminate deficiencies is grounds for filing a lawsuit. But more about everything.

The main document in the process of obtaining keys is the acceptance certificate, which cannot be avoided during the subsequent registration of the apartment. To receive it, all activities at the site must be completed and the housing must be ready for delivery. The property is assigned a mailbox, and the structure itself is officially accepted by the state commission and put into operation.

After receiving the necessary documents, you need to take the following steps - take an inspection sheet, assess the condition of the apartment, identify existing defects and, if there are no comments, sign the document. No more than 6 months should pass from the day the state commission accepted the building. If the process is delayed, this should raise suspicions on the part of the participant in the equity participation agreement.

In the process of accepting an apartment, you should pay attention to the contents of the acceptance certificate. It should contain the following information:

• Postal address of the constructed house.
• Apartment number assigned by the authorized organization (PIB).
• Property price.
• Housing area.

Every buyer has the right to refuse an apartment if it is of poor quality. The mistake many people make is signing the transfer and acceptance certificate. People believe that they can fix defects themselves in the future. This is explained by the fear of shareholders. Some are afraid that the returned funds will not be enough to buy new real estate, because apartment prices are constantly increasing. Others are confident that the construction company will deliberately delay the elimination of defects, which will lead to a loss of time.

When registering a DDU with the developer, you must remember that, according to Federal Law No. 214, the transferred real estate is covered by a guarantee that is valid for five years from the date of transfer of the property. It concerns not only the external design, but also the interior decoration of the apartment. Construction companies rarely mention this clause in the contract, but such a trick does not relieve them of responsibility.

What should you pay attention to when inspecting an apartment?

When concluding a DDU, it is worth studying it and paying attention to the condition in which the property is transferred - without finishing, with rough finishing work or “turnkey”. The process of acceptance of the object by the construction company depends on this information. Let's consider all the options.

Housing without finishing

When accepting an apartment without finishing work, you should take a tape measure with you and be attentive to the various elements of the housing. It is important to check:

• Compliance of the apartment with the plan, which is specified in the annex to the share participation agreement. The width and length of rooms, corridors and other premises must correspond to the information in the document. If the property has a smaller area, the buyer has the right to demand money for the overpaid square meters. But the opposite rule also works here. If the footage is higher, you will have to pay extra for each “square”.
• Correct operation and installation of doors and windows. If they are damaged, the developer must replace them.
• Walls. They should not deviate along the vertical plane.
• Floors. It is important that the screed is level and that there are no traces of fungus and mold in the corners of the room, which can be easily identified by darkening.
• Ventilation. The test is carried out using a regular lighter (when brought to the ventilation hole, the fire should “pull” into the system).
• Elements of the electrical part. The contract may indicate how many sockets and sockets are installed in the apartment. This point is worth checking and making sure it works.

Apartment with rough finishing

The situation is more complicated when it comes to checking housing with “rough” finishing. Such work takes more time and requires knowledge of certain nuances that make it possible to identify shortcomings and point them out to the construction company. It is worth considering the following:

• Condition of the floor, walls and ceiling when treated with improved plaster. For walls, minor irregularities in the vertical plane are allowed up to 2 mm per meter of length or up to 1 cm over the entire height of the wall. The check is carried out using a plumb line or a long rod. Externally there should not be more than two irregularities per 4 square meters. meters of area, and permissible recesses are no more than 3 mm. There should be no cracks, efflorescence, sinkholes, peeling plaster or other obvious problems.
• If the construction company used dry gypsum plaster during the finishing process, a deviation in the vertical plane of no more than 0.5 cm over the entire height or 1 mm per meter of wall is allowed. At 4 sq. meters there should be no more than 2 irregularities with a depth of up to 2 mm. Sagging of up to one millimeter is allowed where the drywall meets, but there should be no cracks.
• Inspection of floors depends on the future finish used. When laying laminate or linoleum, unevenness of no more than 2 millimeters deep is allowed. If ceramic tiles are laid, this parameter can reach 6 mm. Floor slope - up to 2%, but not more than 5 cm, regardless of the size of the room. Where the concrete screed and walls meet there should be strips of soundproofing material.
• If the ceiling is made of monolithic concrete, a deviation of up to 7.5 mm over one meter or no more than 1.45 cm over a three-meter length is allowed. The maximum thickness of protrusions or sagging should be up to 2 mm with a diameter of 1 cm.

What else should you pay attention to?

• When inspecting windows, it is important to ensure that a special tape is secured above the layer of mounting foam on the outside. All doors and frames should close easily and fit snugly against the doors. It is imperative to have high-quality and correctly configured fittings. Window sills should be located at the same level.
• During the acceptance of the heating system, it is important to pay attention to the presence of special valves for bleeding air and temperature regulators. During the installation of radiators, certain distances must be maintained - 6 cm from the floor, at least 2.5 cm from the wall and 5 cm or more from the window sill.
• Water supply risers must be vertical and securely fixed using special clamps. The water metering unit must have the following equipment - a shut-off valve, a coarse filter, and a water meter. It is necessary to check the operation of the system and the quality of the joints.
• Checking ventilation is done using a lighter (the method discussed above) or a sheet of paper. The latter must be attached to the ventilation grille. If it "sticks", the system works normally. Otherwise, we can talk about a dirty vent.
• The input electrical panel must have a circuit breaker, RCD and switches for various load groups. The meter readings must be rewritten and the network operation checked by connecting any device.
• The lock on the door must close and open clearly.
• If a telephone or Internet connection is provided, this point also needs to be checked.

Apartment "turnkey" (with fine finishing)

The peculiarity of the final finishing is that the apartment is ready for living. The buyer only needs to bring in furniture and personal belongings, after which they can move into the apartment. As a rule, turnkey housing is rented out in luxury new buildings, so problems rarely arise. But the check is still necessary. Special attention is paid to the quality of repairs and the correct installation of electrical system elements. The principles of control are the same as when checking an apartment with rough finishing.

The contract for finishing work usually stipulates all the nuances of the repair - the colors used, materials, as well as engineering equipment. Before signing the deed, it is important to check that all elements fully comply with the plan. Special attention should be paid to parquet, for which deviations along the plane are allowed no more than 4 mm, and the distance between the tiles is up to 1 mm.

What documents do you need to take when transferring an apartment?

Everyone who is included in the DDU must come to a meeting with a representative of the construction company. Otherwise, it will not be possible to draw up a transfer and acceptance certificate, because it indicates the persons mentioned in the agreement. If someone cannot come in person, it is worth issuing a power of attorney for another person, informing the developer about this so that the deed can be redone.

The meeting with the representative takes place in two stages:

• At the first stage, you need to come with the DDU and payment receipts for reconciliation. Information about the time and date is determined by the developer, after which buyers are informed about this by phone or letter about readiness. This moment can be controlled independently via the Internet.
• The second meeting involves inspection of the apartment. Here you will need passports, a DDU agreement and receipts confirming payment. You should not sign acceptance documents before personal inspection. Otherwise, you will not be able to file a claim.

Terms of transfer of the apartment after the completion of the house

The DDU agreement clearly states when the property must be transferred to the shareholder. If this time has passed and the person has not received the keys to the apartment, the construction company must pay a penalty. The date in the DDU reflects when the developer must obtain permission to commission the structure.

Typically, the date is given in “quarterly” or “semi-annual” terms. If the deadline is the first quarter, this means that permission must be received before April 1. From this moment the countdown begins for the transfer of housing to shareholders. A delay of one day is enough to demand a penalty from the construction company. There are situations when a company receives permission at the last moment, and then pushes the participants of the DDU and asks them to sign the acts faster.

The share participation agreement clearly states what period of time is allocated to the development company for the transfer of housing from the moment of receiving permission to commission the structure, and the date of acceptance itself is indicated in the act. If the shareholder does not sign the document and forces the developer to eliminate certain defects, the delivery deadline is violated, and the shareholder has the right to demand payment of a penalty.

How to force the developer to correct the shortcomings?

There is no need to rush into signing the acceptance certificate, because there will definitely be defects. In most companies they are minor, but serious violations are possible. The rights of shareholders under the DDU are protected by Federal Law No. 214, the Civil Code of the Russian Federation and the law on the protection of consumer rights. If there are deficiencies, they should be pointed out to the developer and demanded to be corrected. All problems are reflected in the defective act, which is drawn up in 2 copies.

Defects are conventionally divided into two types:

• Essential. This category includes shortcomings, the presence of which does not allow normal living in the apartment. For example, there may be a hole in the wall, or the developer forgot to install a sewer. All shortcomings of the defect should be reflected in the defective act, and after they are eliminated, the document should be signed.
• Insignificant - those shortcomings that do not interfere with living in the apartment. This category includes defects in floors and walls, a broken door closer, deep scratches, and so on. These problems are also reflected in the defective act and must be corrected.

If there are no serious defects and are not documented, within 2 months the developer has the right to sign a deed and transfer the property without the consent of another participant in the DDU. In this case, the construction company must prove that the shortcomings are insignificant, and the shareholder himself avoids signing the document.

If any defects are discovered after the house is delivered, do not despair, because according to Federal Law No. 214, the guarantee is valid for another 5 years, and for communications - three years.

Troubleshooting

If a defective deed is drawn up, construction companies rarely conflict with shareholders and try to eliminate the defects. Alternatively, it may be proposed to draw up a contract and correct deficiencies by attracting contractors and paying the developer for their work. But in such cases, troubleshooting is often delayed.

The law does not specify the period for correcting defects, so here you should be guided by the general requirements. On average, it may take two to three weeks to eliminate the deficiency. The representative of the construction company himself resolves the issue with the contractors, gives them the keys and waits for the defects to be corrected. Once everything is done, the home is re-inspected. If the company refuses to correct the identified problems, the shareholder has the right to go to court.

Results

According to statistics, in 99% of cases defects are identified, so knowing your rights when communicating with a developer is key. You cannot “follow the lead” of the construction company and sign the acceptance certificate if there are defects. Paid housing must be of high quality and meet the requirements of the DDU. If the developer refuses to eliminate the shortcomings, this is a reason to go to court, and the shareholder’s win is only a matter of time. The main thing here is the presence of arguments, the necessary documents and a competent lawyer.

Buying an apartment under construction allows you to get good housing at an affordable price.

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But the inattention of the buyer is fraught with the possibility of receiving premises with defects. How to rent an apartment in a new building in 2019? Purchasing an apartment in a building under construction allows you to save on cost.

But at the same time, there is a danger that housing will not meet established quality standards. How to properly accept an apartment in a new building in 2019?

Important points

The specifics of purchasing housing in new buildings are such that developers begin selling apartments very early. You can become the owner of an apartment even before digging a pit.

The principle here is that the earlier the purchase takes place, the lower the cost. As a result, it takes several years to wait for construction to be completed.

By the time the building is put into operation, there is practically no free space left. Each apartment has an owner.

But not only long waits are typical for purchasing an apartment in a new building. The buyer should carefully consider the process of obtaining a finished apartment.

If you do not provide for some nuances, you can become the owner of a problem premises, rather than a comfortable home.

The most important stage in obtaining ownership of an apartment in a new building is the procedure for accepting it from the developer after putting the house into operation.

The buyer must carefully check the premises being accepted for defects, obvious and hidden.

The developer is obliged to correct any identified incidents at his own expense. Otherwise, the apartment owner will have to fix the problems himself.

Basic definitions

A new building is a housing project that is standing or has already been built, either sold by an investor, and previously without an owner.

That is, apartments in new buildings are considered primary real estate. Buying an apartment in a new building can occur at different stages.

It is allowed to purchase housing at the initial or any other stage of construction. The closer the construction is completed, the more expensive the apartment. Housing at the foundation pit stage costs three times less than a finished apartment.

The apartment can be transferred to the buyer in rough or fine finishing. But at the same time, housing must comply with the parameters determined by the agreement with the developer.

Compliance is checked by the buyer himself at the time of transfer of ownership of the apartment. To avoid possible problems with purchasing an apartment in a new building, the buyer needs to know the procedure for interacting with the developer.

First of all, you need to know that only a developer who has:

• permission to build an apartment building;
• design documentation for the house;
• documents on ownership or plot of land under an apartment building.

The legal relationship between the buyer and the borrower is determined by agreement of the parties. The process of purchasing an apartment in a new building comes down to the following steps:

1. Developer's choice.
2. Negotiating the terms of the deal.
3. Choosing an apartment (future location).
4. Conclusion of an agreement (, o, etc.).
5. Payment of the amount agreed upon in the contract.
6. Waiting for construction to be completed.
7. Putting the building into operation.
8. Acceptance of the apartment by the buyer from the developer.
9. Registration for housing.

Advantages and disadvantages of such an acquisition

Buying an apartment in a new building has both pros and cons. The following points can be considered as undoubted advantages:

• lower cost of an apartment at the construction stage;
• absence of previous owners, that is, previous owners will not appear, and third parties will not declare their rights;
• obtaining housing with a pre-selected layout and, if desired, finishing.

The following circumstances are recognized as disadvantages of the transaction:

To avoid unpleasant consequences, it is necessary to carefully check before signing the contract.

It is necessary to check work experience, previous projects, customer reviews, reputation, financial condition (whether it is at the stage).

If the documentation process was completed correctly, and the developer turned out to be honest, then the main thing is to correctly accept ownership of the apartment. And this stage is no less important than the rest.

Current standards

Almost the entire primary real estate market in Russia is represented by new buildings from “developers”.

If the developer violates the terms of the contract in terms of terms or area of ​​housing, then the shareholder may demand a penalty, citing.

The owner is obliged to submit all documents for the apartment, including design documentation, etc.

How to properly accept an apartment in a new building

Acceptance of an apartment by a participant in shared construction occurs after the house is put into operation.

If defects are identified, the developer is obliged to eliminate them within a “reasonable time.” Signing by the buyer means that there are no claims against the developer regarding the quality of the housing.

Step-by-step instruction

After completion of construction and commissioning of the house, the developer notifies the shareholder of the need to accept the apartment.

The notification is sent by registered mail, or the developer can call or send a message about a month before the keys are handed over (the exact period is specified in the contract).

Verification of documents	The documentation is checked at the developer's office. You need to check permission for commissioning and the presence of a postal address for the house. At this stage, the developer may offer to immediately sign the transfer and acceptance certificate in order to save the buyer’s time. Under no circumstances should you sign anything before inspecting the apartment.
Inspection of the apartment and drawing up an act	If there are no defects, a transfer and acceptance certificate is drawn up and signed. If deficiencies are identified, a defect report is drawn up
Developer representative	Signs the act
If defects are found	Then, after eliminating such issues, the shareholder is again invited for inspection, and so on until signing
After eliminating all deficiencies	And after signing the acceptance certificate, the shareholder receives the keys to the apartment

Important! If the shareholder simply refuses to accept the housing without having any significant claims, the developer has the right to transfer the housing to him unilaterally. Therefore, it is important to state in detail in the defective act why the apartment was not accepted.

Inspection of the premises

How to correctly accept an apartment in a new building based on the transfer acceptance certificate? Acceptance of an apartment begins with an inspection of the common areas.

The shareholder inspects:

• entrance;
• walls in the entrance;
• entrance doors;
• window;
• elevator;
• basement and pipes located in it;
• technical floor and roof.

Often this stage is skipped, and the buyer immediately begins inspecting the apartment. Meanwhile, if shortcomings are identified in public areas, they can be safely written down in the act.

The next step is to inspect the apartment. You need to check:

Meter readings, internal and on the staircase	They need to be recorded (photographed) and checked against the readings in the device passports
Floors	The horizontality of the screed is checked by a level, the presence of air bubbles is checked by tapping with a hammer
Doors	They must open and close well and have an entrance lock.
Ceilings	Check the height of the ceilings, the absence of differences between the slabs, the sealing of joints, the presence of voids and cracks
Walls	They are examined for irregularities and deviations from the vertical. Having measured the length of the walls, you need to calculate the area of ​​the apartment, comparing it with that indicated in the documents
Electrician	Here all wires are checked, as well as sockets, switches and their functionality
Window	There should be no cracks on the glass. All elements must be well secured. The doors should open and close without effort
Heating, sewerage, ventilation	There should be no leaking pipes or taps. Heating radiators must be tightly secured. For sewer pipes, tees must be installed for the bathtub, toilet and sink. The ventilation hood must work properly (a sheet of paper is brought up and it should stick to the hood)
Finishing	The quality of finishing depends on the terms of the contract

Without finishing

Acceptance of an apartment with rough finishing implies that there is no finishing at all, and cosmetic repairs will be done by the buyer himself.

In this case, technical parameters are subject to verification, that is, all of the above parameters. The developer is required to deliver an apartment that corresponds to the original project.

How to accept an apartment in a new building with rough finishing according to the standards? Building codes establish the required values ​​and permissible deviations of housing parameters.

So, according to SNiP 3.04.01-87, the floor screed must be insulated from walls and partitions using hydrobarrier type materials (Table No. 17).

Deviations of the wall from the vertical standard should not exceed 1-3 mm. Vertical pipes should not deviate from the vertical plane by a distance of more than 2 mm per 1 meter of pipeline length.

Before inspecting the apartment, it is advisable for the equity holder to study (write down) the necessary standards and carry out a reconciliation against them.

The shareholder has the right to demand that during rough finishing the correction of such defects as:

• non-compliance with SNiP and technical parameters;
• uneven walls;
• communication problems;
• malfunction of windows and doors, etc.

With finishing

If the contract provides for the transfer of an apartment with pre-finishing, that is, partial finishing, then it stipulates what exactly the developer is obliged to do.

As a rule, this involves painting or wallpapering walls, painting windows and doors, laying linoleum, and installing suspended ceilings.

The scope of work can be any; it is agreed upon by the parties at the stage of signing the contract. Moreover, the shareholder can indicate the desired materials, their color, texture, etc.

When accepting an apartment with finishing, the shareholder has the right to demand everything that is specified in the contract. If it says that the door will be plastic, it should be like that.

If the color of the walls is blue, then it cannot be any other color. The developer’s objections that everything has been done well are not taken into account.

Full construction

The turnkey finishing option is also a fine finishing option. But it does not just mean partial cosmetic repairs. Turnkey work means that you can move into the apartment immediately.

Absolutely all finishing work specified in the contract must be completed using materials selected by the customer.

In some cases, even the installation of furniture and plumbing may be stipulated. That is, the buyer receives a key after accepting the apartment and can immediately move into it.

During the inspection, a reconciliation is carried out for compliance with the contract. Any difference is a reason to file a claim with the developer and demand correction of the defect.

Delivery time after commissioning

According to Federal Law No. 214, the shareholder is obliged to accept the apartment from the developer within seven days after the completion of construction of the house.

Moreover, after the state commission accepts the house, the transfer of the apartment can take up to six months. This is often due to bureaucratic delays and does not depend on the developer.

The construction completion date is specified in the DDU. If the developer does not comply with it, then he is obliged to notify the shareholder about this at least two months in advance and offer to change the agreement.

Video: how to accept an apartment in a new building. What is important to know

The terms for handing over the keys are also established by the contract. Usually the developer tries to negotiate an extended period, allowing time for improvements.

If the deadlines are delayed for six months or more, then the shareholder should seek the help of a lawyer. In such a case, it is important to include in the DDU a clause on penalties for violation of deadlines.

What documents need to be captured

Before accepting the apartment, the equity holder must have in hand:

After accepting the apartment, the package of documents of the shareholder for subsequent registration in Rosreestr of property rights must include:

• act of acceptance and transfer of the apartment;
• permission to commission;
• and explication of the BTI;
• contract of sale of an apartment;
• documents confirming registration and assignment of a postal address.

If, based on the results of the inspection, a defective report was drawn up, under no circumstances should you accept the keys, much less move into the apartment. The developer is obliged to transfer the housing in the form consistent with the contract and in due time.

How to get a penalty for violating deadlines

In case of violation of the terms of completion of construction and transfer of the apartment to the developer on behalf of the shareholder, a claim is drawn up in two copies.

One of them is transferred to the developer, the other remains with the shareholder with a mark of acceptance. The developer must provide a written response within ten days.

Sometimes the developer himself offers to pay the fee. It is important to know how much the shareholder is entitled to pay if the deadlines are violated. The calculation is carried out according to the formula:

1/150 × refinancing rate of the Central Bank of the Russian Federation × (price of the apartment/100) × number of days of delay = amount of the penalty

When calculating, the current key rate of the Central Bank of the Russian Federation is used. If it has changed during the period of delay, then the amount is calculated separately for each period.

The money is transferred on the basis of an agreement between the developer and the shareholder on pre-trial settlement.

When the developer refuses to compensate for the penalty, the shareholder’s claim, along with the corresponding claim, is filed in court. The developer will be charged a penalty amount, legal costs and a fine.

When accepting an apartment in a new building, you should not give in to the requests and unfounded promises of the developer to fix everything “a little later” after the transfer of housing.

Any shortcomings and violations must be recorded in acts and eliminated only officially.

If the shareholder does not have sufficient experience in such matters or does not understand the documents, then any meeting with the developer should be conducted with the involvement of a lawyer.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.