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- Certificate of commissioning of non-residential premises
Author of the material: Magomedov David Shakhlarovich
Land law lawyer, work experience - more than 2 years
auto RU
Whatever the purpose of the premises - technical, commercial, or industrial - its legal use is impossible without the final point in the form of a commissioning act. It doesn’t matter whether it was construction from scratch or reconstruction - you can’t do without this document. Almost.
Is commissioning of non-residential premises always necessary?
First, let's clarify something. Not every non-residential building requires the hassle of permitting documents. They are not needed if you:
- a utility building or garage that will not be used for profit;
- commercial sheds, kiosks and buildings that do not meet the definition of capital construction.
So a bathhouse can be built on a summer cottage without official notifications or permits. With more serious non-residential buildings, it is impossible to do without commissioning the premises. Otherwise, the object cannot be registered and the rights to it cannot be registered (read: it is impossible to use and dispose of it).
To register ownership rights, you will have to confirm that construction or reconstruction has been completed in accordance with project documentation and construction and technical standards. This means that all this documentation must be there. As well as:
- registration of the project in the information system for supporting urban planning activities (ISOGD);
- issued construction permit;
- accepted notice of the beginning and completion of construction work;
- completed work logs.
Certificate of putting the house into operation
Advice from lawyers:
1. I moved to a new house, asked the City Administration for a copy of the House Commissioning Certificate, they refused me, citing the fact that they do not issue it, but provide it only at the request of the court. Are their actions legal? I want to write an official request to the administration demanding that they provide me with a copy of this act, which article of the Federal Law can I rely on when demanding this act? Thank you!
1.1. Hello. File a claim in court to obtain information from a government agency. Samples of such claims are available on the Internet in the public domain. Thank you for your contact to our website.
Did the answer help you?YesNo
1.2. Hello Olga. Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”
Did the answer help you?YesNo
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2. Please, should there be a cadastral passport for a new house if it has already been completed? Am I required to provide a copy of the house occupancy certificate? They refuse to provide me with these documents.
2.1. Hello, it must be unclear why you are being denied, you didn’t even write the reasons for the refusal so that we can help you look at it. Contact a lawyer with these refusals in person in your city. Thank you for your appeal.
Did the answer help you?YesNo
3. THERE IS A CERTIFICATE OF OWNERSHIP TITLE FOR AN UNCOMPLETE RESIDENTIAL HOUSE DATE OF ISSUE 07/25/2005. THERE WAS NO PERMISSION TO BUILD THE HOUSE. I WANT TO REGISTER A HOUSE UNDER THE COUNTRY AMNESTY. THE ADMINISTRATION SAYS THAT I DO NOT HAVE THE RIGHT TO AMNESTY. THEY REQUIRE A CONSTRUCTION PERMIT AND AN ACT OF PUMPING THE HOUSE INTO OPERATION. CERTIFICATE FOR LAND PROPERTY FOR INDIVIDUAL HOUSING. CITY OF GELENDZHIK.
3.1. File a claim in court to recognize ownership of the house.
Did the answer help you?YesNo
4. The city administration signed an act of putting the house into operation. Residential area (road in front of the entrances) through passage to the next 6 houses. How can the administration be held accountable for negligence, so that they, in turn, force the developer to organize additional services? passage (there is an opportunity and it was depicted on the advertising brochure)?
4.1. Contact the prosecutor's office with a complaint. Fire regulations and requirements for emergency medical services may have been violated.
Did the answer help you?YesNo
5. The cadastral chamber refused to issue a cadastral passport for the apartment, citing the fact that I did not attach the act of putting the house into operation to the application. Is this legal?
5.1. THIS IS NOT LEGAL Appeal the refusal in court.
Did the answer help you?YesNo
6. I am going to buy a garden plot with a house. There is evidence of ownership of the land and house. Should there still be an act of putting the house into operation?
6.1. YES, of course there should be.
Did the answer help you?YesNo
7. I am registering an inheritance; I need a certificate from the BTI for the house and land. I have a certificate of ownership for the land, and for the house. passport and house commissioning certificate, do I have enough documents for the house?
7.1. No, you need an inventory value, which is determined by the BTI. Help will be needed.
Did the answer help you?YesNo
8. The recipient of a gratuitous subsidy for the acquisition or construction of residential premises at the expense of the federal budget died after signing the act of acceptance and transfer of the apartment and the act of putting the house into operation. Ownership is not registered with the Federal Reserve System. Can the bank withdraw the subsidy from the developer? The recipient of the subsidy is a pensioner, disabled person of group II. Thank you in advance.
8.1. Already sold (received by the developer) - no, of course.
Did the answer help you?YesNo
9. Please answer the question: The recipient of a gratuitous subsidy for the acquisition or construction of residential premises at the expense of the federal budget died after signing the act of acceptance and transfer of the apartment and the act of putting the house into operation. Ownership is not registered with the Federal Reserve System. Can the bank withdraw the subsidy from the developer? The recipient of the subsidy is a pensioner, disabled person of group II.
9.1. Good afternoon, Irina. I believe that it cannot, since the apartment was accepted according to the deed by the recipient of the subsidy. Now it is necessary to deal with the registration of the inheritance and the inclusion of this property in the inheritance mass.
Did the answer help you?YesNo
10. How to find the certificate of commissioning of a house on the Internet at the address: St. Petersburg. Klyuchevaya st. d.23. Those. There is no passport for the apartment, and heating tariffs depend on the date the house was built...
10.1. You can find such information in PIB, and order the production of a “technical” passport for your apartment there.
Did the answer help you?YesNo
The act of commissioning non-residential premises - we go through the stages
The process of drawing up a certificate of commissioning of non-residential premises can be divided into three stages.
At the first stage, the contractor sends a written notification to the customer about the completion of construction work. An approximate list of documents attached to it:
- certificate of completion;
- working drawings;
- a list of organizations involved in construction or reconstruction, as well as the supply of communications;
- acts of acceptance of individual and hidden works;
- production journals with author's supervision.
The second stage - a working commission is created from representatives of the customer, the design organization, operation services and state supervision. If the construction documentation is completed correctly and the work performed is in accordance with the project, a conclusion is drawn up on the readiness of the premises for acceptance into operation.
At the third stage, the acceptance committee determines the compliance of the object with the design documentation and assesses its suitability for operation. Based on the results of the work of the selection committee, that very cherished act is drawn up. The date of approval of the act by the head of the architectural department is the moment the premises are officially put into operation. All that remains is to survive all these checks and commissions.
Name | Price for individuals persons | Term |
Telephone consultation | 0 rub. | Individual |
Detailed consultation with analysis of documents in the office (Skype, etc.) | from 5,000 rub. | 1 hour |
Commissioning of non-residential premises | from 15,000 rub. | from 7 working days |
Where should I start? Collection of documents
Naturally, the commissioning of an apartment building or private residential building does not happen overnight. This process requires not only time, but also resources. Therefore, developers and owners need to study all the important points of this procedure so as not to spoil anything when the construction is almost finished, and the only thing left is to hand over the keys from one person to another.
The further procedure is as follows:
- Collect documents. Without paperwork, it will be almost impossible to put the house into operation. The main and fundamental document is the paper confirming the right to property;
- You can obtain ownership documents only from the moment the construction is recognized as legal;
- To obtain documents, you need to request permission to put the house into operation, and then the procedure magically turns into easy and understandable.
If the developer managed to obtain permission to put the house into operation, this means that the building is safe, was built in accordance with all standards and complies with the Town Planning Code of the Russian Federation. In this case, residents can safely move into it. Now, as for the documents that need to be collected in order to finally set the process of putting housing into operation in motion:
- Certificate of ownership of the object;
- Extract from the Unified State Register;
- Construction permit;
- Set of design documentation;
- Cadastral passport for housing, to confirm the fact of construction of a new facility.
You don't have to figure it out yourself
Obtaining permission to operate a constructed or reconstructed facility is not easy, even with a clear plan. Organizing a commission, obtaining certificates, filling out acts, going through authorities takes time and effort from both beginners and experienced builders.
This is accompanied by confusion with the jurisdiction of a specific premises on the territory of Moscow: either to the structures of the capital itself inside the Moscow Ring Road, or to “New Moscow”. And there is also a subordinate city of Zelenograd. Until you find someone to go to for permits.
This is why it is better to separate construction and legal tasks. For a solution to the latter, please contact the Land Lawyer company. By collaborating with highly qualified cadastral engineers and technical specialists, we will save you from communicating with officials and confronting bureaucracy. Sign up for a consultation and we will draw up a detailed action plan for you, taking into account your specific situation and current legislation.
Acceptance certificate for a completed construction project, sample of filling
Form KS-11 is a unified form of act, which indicates that any construction project is completely completed and ready for operation.
It is filled out only after the construction customer has carried out the appropriate check and documented the results of all inspections, tests and measurements performed.
It is this information that forms the basis of the act in form KS-11.
The first part of the KS-11 act includes information about the organization performing the construction project. Before entering its data, you should number the act and put the date of its preparation in the required cells (in two places).
Next, enter the full name of the contractor company, as well as its OKPO code (from registration documents).
Below are the positions and names of the officials responsible for the acceptance of the constructed facility on the part of the contractor and the customer.
We fill out the conditions for signing the KS-11 act
The second part of this document contains the conditions for signing the act, namely:
Clause 1. Here enter the full name of the construction project on which the contractor worked, indicating its detailed location (city, street, house/building).
Clause 2. This includes the name of the government agency that issued the construction permit.
Clause 3. This line contains information about subcontractors, that is, those companies that also took part in this construction under subcontract agreements.
Point 4.
Here you must indicate the full name of the company - the general designer who created the design and estimate documentation for the construction of this completed facility, as well as, if any, other organizations that took part in the development of this documentation. If there are no other organizations, you need to make a note that all design and estimate documentation was created entirely by this particular company.
Point 5. Here you need to provide a link to the document on the basis of which the initial design data was issued.
Item 6. This line includes information about the company that approved the design and estimate organization (usually the construction customer, but sometimes an investor or other interested entity), as well as the approval date and document number.
Clause 7. Here it is necessary to enter the timing of construction and installation work, indicating specific dates for the start and end of construction.
The eighth paragraph of the acceptance certificate can be highlighted as a separate section. It includes two tables. The first of them contains six columns and concerns any construction projects, with the exception of residential buildings.
Column 1. Here you need to enter the name of the main indicator of the construction project: power, productivity, capacity, production area, volume, throughput, number of jobs, length, etc.
Column 2. Here you need to indicate the unit of measurement of the previous indicator (square meters, cubic meters, etc.)
Columns 3-6. These columns contain information about how many total units of measurement for each previously specified indicator the given object includes according to the project and actually.
The second table is filled in only if the construction project was a residential building. It has four columns, which also contain specific indicators and units of measurement with the values that were prescribed in the development project and those that actually turned out.
This part conventionally includes points 9-11.
Clause 9. Here you need to refer to the application (i.e. indicate its number), which contains information about acts of acceptance of equipment installed at the site;
Clause 10. There should be a link to the application, which indicates acceptance certificates, certificates, etc. documents on communications included in the construction project.
Clause 11. This small table contains information about all other work carried out on landscaping, improvement of roads, sidewalks, construction of sports, play, and utility buildings related to the main object of the completed construction (with a clear indication of the units of measurement, volume and deadline for the work).
Costs, additional conditions and signatures of the parties
The last part contains mostly only numbers.
Point 12-13. Here the numbers indicate the final cost of the construction project according to the design and estimate documentation (broken down by the cost of construction and installation work performed and the cost of equipment, tools and inventory).
Clause 14. Here you need to make a link to the appendix, which contains a complete list of documentation that is an integral part of this act, in other words, has evidentiary force in relation to it.
Clause 15. Any additional conditions accompanying the fact of acceptance of the constructed building/structure, if any, are included here.
After all points are completed, the act must be endorsed. Representatives of the contractor company and the customer organization put their signatures on this document with a mandatory decoding and indication of positions. At the bottom of the document, you once again need to indicate the full names of the enterprises involved in the construction.
What it is
Let's start with the question “Why is it needed at all?” I think you asked a similar question. But the whole point is that in order to obtain permission to put objects into operation, it is necessary to prepare a certain list of documents established in Part 3 of Art. 55 Civil Code of the Russian Federation.
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This act is one of these documents. Nobody issues it; it is filled out by the developer or the customer together with the person carrying out the construction (general contractor), the person who prepared the design documentation (general designer) and the operating organization.
This act is also called form KS-11.
Acceptance of construction projects from 02/03/2019: list and forms of documents
Resolution No. 40 of the Ministry of Construction and Architecture dated December 6, 2018 (hereinafter referred to as Resolution No. 40) was adopted, which, as of February 3, 2019, establishes a new list and forms of documents for acceptance of a construction project into operation.
Analyzing the legislation, we can conclude: the established lists and forms of documents are clarified and supplemented documents, approved. by order of the Ministry of Construction and Architecture dated October 26, 2012 N 339 (hereinafter referred to as order N 339). The documents have been adjusted in accordance with Decree No. 7, amendments made to Decree No. 26 dated January 14, 2014 and Council of Minister Resolution No. 252 dated March 21, 2014, and other regulations in the field of construction.
Note! Resolution No. 40 compared to Order No. 339 has greater legal force <*>.
Comprehensive lists of documents have been established that are presented to the acceptance committee when accepting a construction project into operation in the event of concluding a construction contract. Previously used lists, approved. order N 339, were open and included all documents that may be necessary according to current regulations.
The developer (customer), for example, additionally submits to the acceptance committee <*>:
— operational and technical passport of the completed structure;
— a copy of the contract for the performance of work (services) for monitoring prices (tariffs), calculating price indices in construction, signed by the organization for pricing in construction with the customer of the construction of the facility. A copy is not provided if monitoring prices (tariffs) is not mandatory for the customer (developer) carrying out the construction.
The contractor also additionally presents to the acceptance committee, for example <*>:
— a copy of the welding production assessment certificate (for manufacturers of building structures that have welded joints with standardized strength);
— a copy of the certificate of technical competence (with the exception of types of construction work subject to mandatory certification).
New forms of documents have been established for the acceptance of construction projects <*> . These include:
— equipment acceptance certificate after comprehensive testing;
— act of acceptance into operation of a construction project, including construction phases, start-up complexes, completed overhaul;
— act of acceptance into operation of a construction project, including construction phases, start-up complexes, completed construction, reconstruction, including thermal modernization, restoration, improvement;
— act of acceptance into operation of a garage completed by construction, reconstruction, or major repairs;
— act of acceptance into operation of dachas completed by construction, reconstruction, restoration, major repairs;
in the housing sector:
- act of acceptance into operation of completed construction of single-apartment residential buildings, apartments in blocked residential buildings, non-residential capital buildings in the local area, reconstructed apartments in blocked residential buildings, single-apartment residential buildings, non-residential capital buildings in the local area, financed by individuals;
— act of acceptance into operation of reconstructed residential and (or) non-residential premises in multi-apartment residential buildings financed by individuals;
— act of acceptance of completed work on reconstruction and (or) redevelopment of residential premises.
In addition, a new form of warranty passport for a construction project , which is drawn up by the contractor when transferring the object to the customer <*>.
Registration of an acceptance certificate for a capital construction project
All processes related to the implementation of construction work are subject to the norms of the Civil Legislation of the Russian Federation. Chapter 37, paragraph on construction contracts, deserves special attention. Initial registration for each object requires:
- Preparation of estimates, where the work performed is accurately calculated at cost.
- Documents of the technical plan, with the volume and nature of construction work.
A construction contract using a subcontractor will help determine what information is included in the design documentation. It also indicates when and by which side all papers are submitted. The contractor is responsible for preparing the estimate.
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Article 753 of the Civil Code of the Russian Federation describes a group of standards that are oriented towards when handing over objects to customers, when everything is ready.
- When the customer accepts the object, a special act is drawn up, in the drafting of which both parties participate.
- A separate mark of refusal is placed if one of the parties does not agree to sign the document due to identified defects.
- If the act was signed by only one party, then it will be recognized as illegal only if it goes to court. And, only if the other party has serious reasons for refusal.
But the Civil Code does not have a precise definition for the form of this act. Therefore, they most often resort to using old forms, which were considered unified until 2012. The main thing is that in the contract itself the parties indicate the possibility of using these forms.
The customer signs the acceptance certificate only after he has carried out all the required studies at the site. And examined it for defects. The readiness of the facility itself is confirmed by the following documents:
- According to laboratory control.
- About geodetic survey.
- The fact that hidden work was inspected.
- Acts confirming the conduct of test work.
- Upon acceptance of the main structures, which was carried out intermediately.
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The composition of papers to accompany the acceptance and transfer of structures is regulated by regulations with orders issued in the constituent entities of the Russian Federation.
The process of drawing up an act
This document is fundamental at the moment when the property is handed over and accepted by the parties. Registration is regulated by Article 753 of the Civil Code of the Russian Federation.
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This document allows you to solve several important problems:
- Registration of the object with the customer.
- For customers, this is a way to justify the costs associated with construction.
- Confirmation that the customer has no quality complaints.
- Official registration of the fact of acceptance and delivery.
The act is valuable for those who keep records of taxes and accounting documentation.
Which form to use?
There are two options that are almost identical to each other. These are KS-11 and KS-14. But there are some significant differences that make it easier to decide on a specific area of application.
- One of the participating parties in the compilation process is the admission commission if the KS14 form is used. Customers or investors are responsible for setting such commissions. But the CC11 acts assume the presence of only two parties. Their functions are transferred to the investor or customer, as well as to the contractor or customer.
- KS14 is used not only to accept an object. Without it, an object cannot receive the status of a fixed asset that is already in operation. The KS11 act only confirms that the facility has been put into operation. It is just one of the additions when decorating buildings in the group of fixed assets.
- KS14 allows you to put into operation structures for which construction has already been completed. And in situations where funds were invested on preferential loans.
- KS14 allows you to enter information regarding the operation of all communications.
It describes how well the condition of the object corresponds to the actual conditions of future operation. KS11 is needed only to confirm that there are no violations of building codes. - COP11 confirms acceptance only after the parties have signed the document. COP14 comes into force when a special commission makes a corresponding decision. The text of the act makes the decision itself, and the commission signs the document.
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KS14 acts are used only if the legislation requires that the facility be put into operation with the participation of a special commission. Form KS14 can be downloaded below.
In total, the commission includes five members representing government bodies.
- In architecture and construction.
- On fire safety.
- Taking into account environmental standards.
- Sanitary and epidemiological.
In all other situations, the use of KS11 is acceptable. A sample for filling out the KS11 form can be downloaded below.
Number of copies and signatures
The parties use the text of the agreement to determine the procedure for drawing up and executing papers. The drawing up of acts is not carried out after the completion of individual stages of construction. And for the acceptance of an object that was completely finished.
It is recommended to use only paper media for registration. The copies and their number are determined by the parties that organized the inspection. It is permissible to introduce other conditions, but in most cases the number of copies is two.
After the new building is put into operation, it is necessary to register ownership of this property; details can be found here.
Leaving signatures is the responsibility of not only those who make up the commission and are present during the inspection. But also those who protect the interests of customers and general contractors.
If the construction is shared
The document in this case looks almost the same as in other situations. Except that it is necessary to provide information about which utility organizations serve the building. And what payments will the shareholder then need to make.
Form KS14.
The last point in the document will be confirmation that the shareholder has no claims against the partner. If housing is purchased not directly, but through an intermediary, then papers confirming the registration of ownership in accordance with the Law will be a mandatory attachment.
Are there other design nuances?
The name of the customer together with OKPO must be entered in the “Name of organization” column. All subcontractors are indicated in the line called “Participated in construction.” Be sure to write complete bank details for each organization. You can put a dash in the column if you did not have to turn to the services of additional organizations.
Paragraphs 9 and 10 indicate information about applications, if they are also present in the package of documents. The cost amount is indicated in words, kopecks are not taken into account. If necessary, the number is simply rounded up.
When the work is completed stage by stage, no certificates are filled out. Registration ends only after the completion of the work itself. These same documents become the basis for accepting the building for registration in tax or accounting documentation.
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The phased delivery of work is formalized by acts KS2 and KS3, but they already deserve a separate discussion. These documents belong to varieties of intermediate forms.