Contents
Real estate transactions are the most expensive of those available to citizens. It is extremely important to draw up documents correctly in order to save yourself from trouble in the future. Both the buyer and the seller need an act of acceptance and transfer of housing. It reflects in free form key parameters – the state of the property at the time of transfer of ownership, furnishings, the presence / absence of meters, their readings, and so on.
The document is mandatory, in some cases without it it is impossible to register a transaction, to receive a tax deduction. Let’s talk about how to draw up an acceptance certificate correctly, what mistakes the parties make when filling it out, and whether witnesses are needed when signing a document.
Civil Code
The law provides for certain requirements for real estate transactions. Article 556 of the Civil Code of the Russian Federation stipulates the mandatory presence of a transfer deed or other document confirming this event. In addition, such a transaction is always carried out in writing, and is considered completed at the time of state registration of the right.
So, the question of whether an act of acceptance and transfer of an apartment is needed is determined by law. Information on the actual fulfillment of obligations can also be reflected in the sale and purchase agreement, but it is better to issue this in a separate document. In the secondary market, the contract is an act of acceptance and transfer, if it contains the fact of alienation and acceptance of real estate. Otherwise, it is necessary to draw up a separate paper.
If we are talking about the primary market, it will not be possible to confine ourselves to the contract, the act must be signed by the parties, and the acceptance must take place. There are no strict requirements for the document.
Why do you need a document
An act of acceptance and transfer of an apartment in a new building is required, since without it the residential premises will not be registered with Rosreestr. The same document is needed to receive a tax deduction from the Federal Tax Service or at the place of work. In all other cases, when buying an apartment, the act is optional if the issue of alienation of property is reflected in the contract. But this does not mean that it should be abandoned.
The document allows you to reliably establish the following circumstances:
- The current state of the premises (presence of furniture, type of front door and windows, obvious shortcomings);
- Meter readings (water / electricity / heat / gas supply);
- The presence in the apartment of property transferred together with real estate (furniture, household appliances, plumbing);
- The parties have no mutual claims regarding the condition of the apartment.
The act of acceptance and transfer for a mortgage (in the primary market) is necessary to report to the bank. The form of the document is not established by law. But, based on established practice, it should have characteristics that allow you to accurately identify the object. The bank may have questions if the acceptance certificate is not signed. If the contract provides for its mandatory existence, the agreement may be terminated at the initiative of the creditor.
Varieties of acts
The types of acceptance and transfer acts depend on who the transaction is between, as well as on the type of real estate:
- primary market. One party is the developer or his representative, and the other is the buyer. The powers of the seller must be confirmed by a power of attorney, without which the act of acceptance and transfer of an apartment under a shared participation agreement (DDU) has no legal force.
- Secondary housing. Both parties are usually citizens. It is necessary that their roles be reflected: seller, buyer or representative of one of the participants in the transaction, passport data.
- Room. It is important that the personal accounts of the owners are separated. The act of acceptance and transfer of the room must allow you to identify the property.
- Share. Only the part that is alienated under the contract is fixed (if the premises are divided). In the act, you will have to survey the entire apartment or house, if the shares are not allocated in kind. It is advisable to attract a second owner.
Help.
The allocation of shares in kind is a legal term denoting that a particular citizen is assigned not just shares on paper, but also a specific room in a multi-room apartment, a certain plot of land, part of a house, etc.
What to include in a document
For developers, the final and intermediate act of acceptance and transfer is provided in a standard form. However, it can be amended at the request of the buyer. In particular, it is worth reflecting the shortcomings and the timing of their elimination (viewing sheet).
The document may include the following:
- Date and place of signing;
- Data of the parties allowing their identification;
- Location of the object;
- The actual condition of the property (new building, secondary market);
- Data on the presence / absence of repair;
- Information about engineering networks (landline telephone, gas supply, electricity, heating, etc.);
- The presence or absence of debt to service providers, utility bills;
- Actual meter readings.
Important! When the deed is signed, photographs can be taken. It is also advisable to indicate this in the text of the document.
Mandatory requirements for the act:
- Time, place of compilation and signing;
- Existence of at least two copies;
- All copies must be identical, have handwritten signatures;
- The document contains data that allows you to identify the parties or their representatives.
The legislation provides for a special procedure for the alienation of a part of real estate that has two or more owners. The priority right to acquire the object belongs to the rest of the equity holders. As for the act of acceptance and transfer of a share of an apartment, the law does not say anything about this. Accordingly, it is compiled according to the same rules as for all housing.
The act of acceptance and transfer of an apartment when donating is not mandatory, but it can also be prepared and signed. After all, for the gratuitous transfer of an object, it must already be registered with Rosreestr. This means that the condition of the apartment, the presence of engineering networks, etc. can be reflected directly in the donation agreement.
Common mistakes
The main mistake that buyers make is the conclusion of a contract without an act. The courts take the following position: if the purchaser of real estate signed the agreement and took the keys, then he had no claims. And at this time, the seller can take furniture out of the apartment (if its presence is not reflected in the contract) and even replace the stove and plumbing with cheaper ones. Other errors are also possible.
Using a Model Document
Of course, you can download a simple sample of an act of acceptance of the transfer of an apartment in Word, but it must be suitable for a certain situation. There is a great risk that some important nuance, fundamental for one of the parties, will be missed.
“Blind Transfer”
You need an act of acceptance and transfer of the apartment with meter readings, and you can only check them indoors. Signing a document without reconciling the values may entail risks for both the seller and the buyer. It is also recommended to draw up a document immediately before the conclusion of the contract. For example, when showing an apartment by a realtor, it will contain one piece of furniture and appliances, and another will be reflected in the act.
No other side
A unilateral act of acceptance and transfer also takes place. It can be used by the developer if within 2 months the receiver unreasonably evades signing the document. If the developer does not sign the transfer-acceptance document, not wanting to eliminate the imperfections, then it is necessary to file a claim with the court. Without a decision to force the seller (buyer) to transfer real estate, the transaction cannot be registered with the Rosreestr authorities.
Refusal to reflect defects when accepting an apartment from the developer
In the primary housing market, an inspection sheet is attached to the act, which indicates imperfections. Acceptance of the premises is made with reservations, which in the future gives the right to either demand the elimination of deficiencies or collect compensation. If the claims are not reflected in the inspection sheet, it will become difficult to prove the case in the future.
Сonclusion
As a rule, you can not do without an act. The alienation of real estate is subject to a number of features established by the Civil Code. A sale and purchase agreement without a transfer and acceptance certificate is allowed if we are talking about the secondary market. The agreement should reflect the fact of both the alienation and acceptance of real estate, the absence of mutual claims.
For the primary market, it will not be possible to confine oneself to one contract. An act of acceptance and transfer of an apartment from the developer will be needed both for registration and for obtaining a tax deduction, transfer to a bank for a mortgage. The law does not rigidly establish requirements for the content of the document, but it should fix the most important aspects that allow you to identify the object, its current state, meter readings, and so on.