How to accept an apartment in a new building: with and without finishing

Before receiving the keys to the apartment from the developer, the buyer must carefully inspect the premises and record all defects and defects. In order not to miss anything, you need to prepare in advance, be sure to take with you measuring instruments and things necessary for the inspection, as well as passport and agreement on participation in shared construction (DDU).

The inspection of the apartment begins with the local area and entrance. Regardless of what type of repair is specified in the contract (with or without finishing), the apartment must be checked for entrance doors, windows, walls and ceilings, the quality of the floor finishing, as well as the availability of electricity, water supply and ventilation. If any defects are detected, the developer is obliged to eliminate them within 45 days .

The developer's obligations to the buyer are considered fulfilled from the moment the acceptance certificate is signed. It details which apartment is being transferred to the buyer, the details of the purchase and sale agreement, as well as the condition of the property at the time of signing the deed.

The document cannot be signed until the builders eliminate all significant deficiencies or the developer agrees with the buyer on financial compensation for expenses.

General procedure and acceptance rules

By the time the transfer and acceptance certificate is signed, the apartment building (MKD) must be put into operation and have a postal address. The Technical Inventory Bureau (BTI) must measure all premises and issue technical passports to the developer, indicating the square area of each specific apartment.

Afterwards the process of acceptance of apartments by buyers begins:

The developer notifies shareholders of its readiness to hand over the property. He can do this by telephone or send a notification by registered mail. Usually the developer informs about the completion of construction 2 months before handing over the keys.
Within 7 days after receiving a notification from the construction organization, the shareholder must confirm his intention to accept the apartment - sign up for acceptance .
If the buyer does not respond to the invitation or refuses acceptance for more than 2 months , the developer has the right to sign the acceptance certificate unilaterally (Clause 6, Article 8 of Federal Law No. 214 of December 30, 2014).

As a general rule, acceptance of a new apartment is carried out in two stages :

On the appointed day, buyers meet with the developer at his office to check the documents .
All future owners come to the meeting; each of them must have a passport with them, as well as an equity participation agreement (DPA). It is needed for the developer to make sure that citizens have rights to the apartment. If it is not the buyer himself who participates in the acceptance, but his representative, he must present to the developer a notarized power of attorney confirming his authority. Sometimes, at a meeting with buyers, the developer immediately offers to sign the transfer and acceptance certificate without inspecting the apartment to save time - this is absolutely forbidden . In this case, the shareholder risks correcting the shortcomings at his own expense.
Future owners inspect the apartment , accompanied by a representative of the construction company, for any deficiencies. If there are no complaints, the parties sign a transfer and acceptance certificate .

How to accept an apartment from a developer?

In order for the developer to begin the procedure of checking apartments with shareholders, it is necessary that the house be completed, approved by the state commission and have its own address. Check all documentation.

When concluding a contract, the terms of delivery of housing are determined. Check if they are broken. If the deadline expired six months ago, and the apartment has still not been inspected to draw up a report, it’s time to sound the alarm.

This indicates serious violations. If there are any violations, you have the right to demand monetary compensation from the developer in accordance with the contract. This amount depends on the refinancing rate set by the Central Bank of the Russian Federation.

Before you go to inspect your home, collect the things you need for this:

Flashlight.
Roulette.
Level.
A lighter.
Light bulb.
Plug with indicator.
Notebook and pen.

What to pay attention to when accepting an apartment?

It is best to carry out the inspection during the day, when the sun brightly illuminates the rooms.

The following should be checked first:

Walls and floors;
Heating appliances;
Counters;
Serviceability of wiring (sockets and lamps);
Window;
Locks.

First of all, attention should be paid to the presence of cracks on the walls, ceiling, and peeling of the plaster, if any. Inspect the floor carefully; there should be no sharp slopes. Also inspect window fittings and glass. On the list of defective elements when accepting housing, the leader is windows. You should be wary of the fact that the developer offers to sign the deed “quickly,” sometimes without even inviting you into the apartment. This is a gross violation! Unfortunately, such cases are becoming more and more common, since the shareholder lives with dreams of moving into a new home as soon as possible; it is very easy to deceive him.

Also, sometimes there are cases when the square footage of a room is one on paper, but in reality it turns out to be different. Measure the walls of all rooms, check the areas.

Do you need expert help?

You should seek help from a specialist if:

You doubt that you will be able to rent an apartment on your own;
You know in advance about serious violations during construction;
You want to pay maximum attention to the quality of your home.

There are companies that, for a relatively small amount, will help the shareholder in difficult times, which is the signing of the acceptance certificate. A specialist will check the apartment or cottage, take into account all the nuances and help indicate all the shortcomings in the document. In this matter, he has the main weapon - experience. Such a specialist will come to your apartment not as your friend, but as an experienced expert. Upon completion of the inspection, a conclusion will be drawn up by the expert commission. It will indicate all the shortcomings, drawn up correctly, indicating the current legal norms. Based on this document, you can demand completion of finishing, if necessary.

If there is no money for a specialist, you will have to do everything yourself.

Protecting your own rights when a serious defect is discovered

If there is still a defect, the main task of the shareholder is to speed up its elimination at the expense of the developer. At the same time, you cannot put your signature on the act even if you are strongly asked and guaranteed to correct everything within a few days.

The signature on the document has a legal guarantee that you are satisfied with everything. No developer in his right mind will go to eliminate defects and shortcomings after signing the act if there is no information about them in it.

Nuances of protecting your rights:

You need to draw up an inspection sheet , indicating in it all the nuances regarding defects and defects. Make a copy of it and send the original to the developer by mail. The letter must be issued with notification. After 45 days, all defects must be eliminated.
But things don't always happen like this. Sometimes there are cases when the developer is so unscrupulous that he won’t even think about eliminating defects. What should those who are offered to accept apartments in a building that was built without taking into account all the rules and regulations do? Such cases do happen. The last resort is to give up the apartment. In this case, paperwork for refusal will be drawn up; the money will have to be returned to you no later than 45 days.
If the acceptance certificate is signed, but a year later serious violations during construction are revealed, then you should not despair. The contract contains a warranty period clause, according to which the developer will have to eliminate defects.
You also need to be careful when signing the contract: the guarantee clause in the contract may sometimes be completely absent, but according to the law “On shared participation in construction...”, such a period should be defined as 5 years!

According to statistics, our citizens prefer to eliminate defects and mistakes of builders on their own, at their own expense, but this is wrong.

What to take with you to the apartment reception

Before you go for acceptance, you need to carefully read the contract with the developer and the project documentation again. These two documents must contain all technical information about the apartment, as well as about the local area, entrance and staircases. The buyer can also take his DDU with him to check the square footage, apartment plan and location of interior partitions.

To identify defects and record them for filing a claim, the buyer can take with him for inspection :

pen and notepad for notes;
flashlight;
lighter or matches;
chalk to mark imperfections;
a small electrical device (for example, a phone charger) or a voltmeter will be needed to check the sockets;
a building level and a vertical plumb line are needed to check the surface of the walls;
You will need a tape measure to measure footage.

Defects discovered during the inspection must be described in a notebook and photographed. In the future, this data will be required to draw up a defect report.

If the buyer doubts that he will be able to determine all the technical shortcomings of the apartment on his own, he can turn to an expert for help . There are construction companies specializing in providing such services, whose employees have all the necessary knowledge and have the appropriate equipment to identify shortcomings when inspecting premises.

Acceptance of an apartment in a new building

It is best to make an appointment in the morning or afternoon. In the evening, in an unfinished apartment, it is difficult to notice even the most obvious defect.

The inspection begins in the common areas . At least one elevator must be working in each entrance at the time of delivery of the apartment building. If the apartment is located on the ground floor, you need to ask the developer to show the basement. You can also ask to inspect the technical floor and find out about the condition of the roof. The buyer has the right to make claims to the developer for poor quality finishing of entrances, staircases, mailboxes, etc.

What repairs should be made to the apartment and what is included in it is described in the DDU . Depending on the terms of the agreement and the developer’s operating principles, new houses are usually delivered either with finishing or without (rough renovation).

How to accept an apartment in a new building without finishing from the developer

Renting an apartment without finishing usually means that the work on the construction of walls and cladding of the facade has been completed in the premises. No other renovation work was carried out in the apartment . The buyer will see in the apartment only concrete walls, ceilings and floors, as well as places for connecting electrical wiring and water supply.

Entrance door . Rubber seals should be installed along the contour of the door frame. This is necessary to ensure that heat does not escape from the apartment. Then you need to inspect the mounting seams, check whether all the keys fit, and how smoothly the door opens and closes.
Windows and balcony .
You need to inspect each window, its glazing, and also check the window sills and bevels. The handles should not wobble or bend. Checking for a draft is quite simple - you just need to hold a lighter to the joint between the frame and the window. If the flame deviates, the seal is broken.
Walls . Upon acceptance, it is necessary to examine all joints and check for the absence of cracks and bumps. The curvature of the walls should be no more than 5mm. for every two meters .
Ceilings . In each room it is necessary to check the height of the ceilings and compare it with that stated in the contract. The joints in the ceiling must also be sealed. The permissible ceiling deviation is up to 0.01 mm .
Floors . In apartments with a rough finish, there should be a concrete screed on the floor. You need to knock on it to make sure that nothing is being pressed anywhere, the sound is the same in different places when knocking, and there are no voids in the floor. If there is a gap of more than 5mm between the floor surface and the wall. - this is considered a defect that must be reported to the developer.
Electrics . You need to carefully examine the panel, and also write down the meter readings in the acceptance certificate. All switches must be labeled. The presence of electricity must be checked at each outlet. To do this, you can use a phone charger or a small electrical appliance. The sockets can be checked by screwing a light bulb into them. All wires must be connected to switches, and hooks for attaching chandeliers must be installed in the ceiling.
Heating . The radiator must hang at a distance of at least 60 mm. from the floor and 50 mm. from the wall . All pipe connections must be welded. You can tug on the battery to assess the reliability of the mount. Then you need to check the operation of the heat regulator and the presence of a shut-off valve.
Sewerage and water supply .
First you need to inspect the risers, pipes and drains, check their verticality and method of fastening. The shut-off valves on the risers should be free of rust. You also need to inspect the meters and write off their readings. The bathtub and toilet must have a sewer tee that connects the drain pipes from the sink, toilet and bathtub. If it is located too low, problems with plumbing installation may occur.
Ventilation . You can check whether the ventilation is working in the following way: open the window and place a sheet of paper on the ventilation grille. If it does not fall, the system is set up correctly.
Square area . The calculation of the area must be carried out together with the apartment plan from the DDU. The length and width of the walls are measured at floor level. If the size of the apartment is smaller than stated, compensation can be demanded from the developer.

How to accept an apartment in a new building with finishing from the developer

As a rule, an apartment with a fine finish is already completely ready for occupancy . The repair has already been completed and the buyer just needs to check its quality.

Walls . The wallpaper must be glued evenly. There should be no flaws under the radiators, at the junction of walls or baseboards. Additionally, you need to measure the curvature of the walls, and also make sure there are no leaks on the ceilings.
Flooring . Tiles, laminate or linoleum should not creak or sag anywhere, and the finishing parts should fit snugly together.
Interior and entrance doors . Structures must be installed correctly, without scratches or cracks. You need to check how they open and close. Handles and locks should work properly.
Communications . All sockets, meters, ventilation, plumbing and other equipment must be carefully installed and in good condition.

Typical defects of new buildings

When moving to the top floor of a house, you must definitely check the quality of the roof and roof .
If the walls in the end apartments of the last and penultimate floors are poorly insulated , they freeze through in the winter. The apartments are always cold, and the walls are covered with mold and condensation from the inside. If you do not detect a problem when accepting an apartment, it will be much more difficult to solve it in the future.
Ground floor apartments should be subject to no less careful attention. If the floor waterproofing is done poorly, this will lead to the formation of mold and dampness in the apartment. Such defects are quite expensive to fix, so it is better to detect them immediately.
Sometimes the floors in houses are made of slabs that have lain in the rain for many years. They absorbed a lot of moisture, which will cause dampness in several apartments at once for several years. Moreover, both for residents of the upper and lower floors. But if you drill holes in the slabs before finishing work, the moisture will quickly leave.
Poorly performed sealing of balcony slabs can cause moisture to appear on the walls in the apartment, which will ruin any repair.
Low quality window blocks . Almost every apartment owner in a new building faces this problem. After the first rain, low-quality windows will leak.
A bad cement screed cannot be corrected by leveling. Voids inside will lead to cracking, and the finished floor will not last even a year.
Due to design miscalculations, the ventilation system may not work efficiently. This leads to stuffiness in the rooms. But it’s even worse when reverse draft occurs: hot air in the summer and icy air in the winter enters the apartment. Correcting such mistakes is very problematic and expensive.

Certificate of acceptance and transfer of an apartment in a new building

The act of accepting an apartment in a new building is an official document, despite the fact that it is drawn up in simple written form . The document makes it possible to influence the developer and demand compensation from him in case of improper fulfillment of the terms of the contract.

All citizens indicated in the share participation agreement must sign the act.

The transfer and acceptance certificate must contain :

postal address of the house;
housing costs;
apartment dimensions;
names of the parties;
cost of housing.

Transfer and acceptance certificate: sample 2020 ()

Before signing the deed, the buyer must re-read it carefully. After the document is signed, the developer’s obligations to the shareholder will be considered fulfilled , and the management company will begin to charge fees for maintaining the apartment.

What the law says

There is no need to reinvent the wheel - the procedure for accepting a new apartment is quite well prescribed in the Federal Law dated December 30, 2004 No. 214-FZ on shared-equity construction. In accordance with Article 7 of this law, the developer is obliged to hand over the apartment exactly in the same condition and with the same parameters as specified in the contract for shared participation in construction. And Article 8 of the same law describes in detail the transfer procedure:

the apartment passes to the buyer on the basis of the act of acceptance and transfer of housing. It must indicate the date of signing, technical characteristics of the premises and everything that the developer and shareholder want to include in it;
You can accept the apartment and sign the deed only after the developer puts the house into operation and receives all the necessary permits;
the developer must notify you of the planned completion date of construction at least a month or 2 weeks before it (depending on what is written in the original contract). In this notice, he will remind you that the apartment needs to be accepted and will set a reasonable time frame for acceptance;
the notice must be delivered personally or sent by mail with notification and an inventory of the contents. Other methods of notification are not specified by law;
if something bothers you in a new apartment (we don’t mean the view from the window, or the location of the cardinal directions is not according to Feng Shui, we are talking about design flaws), you have the right not to sign the transfer deed until the developer eliminates all the problems. It is important to understand that the dominant factor here is the information specified in the original contract. If in fact the parameters of the apartment do not correspond to those stated in the contract, do not rush to sign the deed. It is better to require the company to draw up a report on the non-compliance of the shared construction project with the established requirements.

What are the shortcomings that prevent the transfer and acceptance certificate from being signed?

All detected deficiencies are recorded in the inspection sheet (defect report). The document is drawn up in free form, in two copies - one for the buyer, the other for the developer. The act must indicate the details of the buyer and the construction company. The main part of the document indicates the shortcomings, and at the bottom the date of verification and signatures of the parties are indicated.

As a general rule, defects are divided into two types:

Significant defects are those that make it impossible to live in the apartment. For example, holes in walls and windows, non-functioning sewage systems, incorrectly installed entrance doors. The buyer must sign the acceptance certificate only after the developer has eliminated such deficiencies.
Minor shortcomings do not interfere with life in the apartment. These include: uneven walls, scratches on glass, etc. They also need to be recorded. If the buyer refuses to sign the deed due to minor defects, the developer has the right to sign the document unilaterally after 2 months . Such a document can only be challenged in court.

View sheet ()

If the buyer finds deficiencies, he has two options :

Do not sign the act . The buyer has the right to demand that defects be eliminated and the inspection be repeated. With this option, the developer will have to hurry in order to deliver the apartment by the deadline.
Sign a document with the condition that the deficiencies be eliminated . If the developer cannot eliminate any defects, he can negotiate financial compensation with the buyer.

Builders have 45 days (Article 20 of Law No. 2300-1 of 02/07/1992). Afterwards, the developer invites the buyer for a second inspection. If the shareholder is satisfied with everything, he can sign the deed.

In addition to eliminating defects, the buyer has the right to demand compensation from the developer for the costs of eliminating defects or reducing the contract price (Clause 2, Article 7 of Law No. 214). Only after the parties come to an agreement can the acceptance certificate be signed. Afterwards, the owner will receive the keys to the apartment and will be able to contact Rosreestr to register ownership.

Question

Warranty period
I bought an apartment in a new building. Due to the rush during acceptance, I missed several defects. Can I demand compensation from the developer or is it too late?

What to do if a defect is discovered during an inspection of a new building

Under no circumstances should you sign the acceptance certificate without inspecting the apartment. Do not sign a blank apartment inspection report. This will mean that you remove responsibility for all defects from the developer and take it upon yourself.

Option 1 - refuse to sign.

When indicating the reason for refusal, refer to Federal Law No. 214. It is important to indicate an adequate reason. Otherwise, the developer may indicate a deliberate delay in the delivery process and after 2 months transfer the apartment to you without your consent.

Record all deficiencies in writing and file a formal complaint. The deed, inspection sheet and claim, as well as copies thereof, must also be signed and dated by the developer.

Instead of correcting defects, you can legally demand material compensation or an appropriate discount on the apartment. This usually happens in court and during the trial you will not be able to make repairs to the apartment. This may take six months or a year.

If you choose to fix the problems by the developer, the repairs must be carried out within 30 days. If after the repair you still see minor defects, you can sign the report, but by analogy with the previous actions, reflect the claims in writing and let the customer correct everything to the end.

Option 2 - sign a statement indicating the claims.

Be sure to indicate the time frame within which the developer will eliminate all shortcomings or compensate for them in monetary terms. Make sure that the documents have copies signed by the developer, as well as the originals.

As a result, the developer must fulfill one of the obligations:

Full refund.
Repair of defects and return of part of the money.
Discount for purchasing an apartment.

Guarantee period

According to Law 214 - Federal Law, an apartment purchased under the DDU is subject to warranty obligations on the part of the customer - 5 years. For engineering and technical equipment - 3 years. During this time period, you have every right to demand that the developer eliminate any shortcomings that have appeared.