The act of acceptance and transfer of a house with a land plot

When concluding real estate contracts, due attention is not always paid to the preparation of documents confirming the actual execution of transactions. The parties to the agreement believe that in order to alienate real estate they only need to sign an agreement on this. In fact, such transactions, in order to avoid controversial issues in the future, require official confirmation of their completion and the drawing up of acts of acceptance and transfer of real estate.

Even if an act is drawn up for some contracts, it often contains errors, the information is not presented in full, or there are significant comments on its execution (lack of signature of one party, seal). What importance is attached to the act of acceptance and transfer in real estate contracts? By what rules should it be drawn up?

What is an act of acceptance and transfer of a house with a land plot?

How will it be possible to confirm that the transaction in relation to the property took place and was actually executed by the parties? For these purposes, draw up an act of acceptance and transfer. This document is part of the contract. It is signed by the seller and the buyer. Usually, when transferring ownership between legal entities or from them to citizens, such acts are drawn up without fail.

For example, upon completion of the construction of a multi-storey residential building, its transfer is formalized between legal entities. For this purpose, a special commission is created that checks compliance with all construction standards and signs it if there are no comments.

The act is also drawn up when transferring real estate under transactions from one legal entity to another.

It is part of the agreement signed between them and is drawn up as an annex to it. Each party to the transaction receives its own copy of the agreement and the act attached to it, which it needs to register the newly arisen ownership of the purchased property.

When filling out the act, all characteristics of the transferred object, its area, existing outbuildings, wall material, number of floors, rooms and their purpose are indicated. When registering transactions with a residential building and the land plot on which it is located, it is recommended to draw up a similar act. It is signed by the seller and the buyer along with the real estate alienation agreement.

Some agreements provide for the need for the parties to sign such an act and stipulate that this is a mandatory annex to the transaction. Indeed, if the contract is contested, the house and plot must be returned to the seller.

So that he does not have any claims against the buyer regarding the improper condition of the real estate, it should be reflected in the acts that the transfer was made and no comments arose from the parties.

Otherwise, an unscrupulous seller may claim that the house has received defects or damage during your use.

And you will have to take part in numerous court hearings as a defendant. It is possible that the court will recognize the plaintiff’s claims as justified and you will compensate for the losses indicated in the statement of claim. Having an act will protect you from such troubles.

Purpose of the transfer and acceptance certificate

A deed of transfer to a contract for the sale and purchase of a land plot with a house or other real estate is a document recording the transfer of ownership from the seller to the buyer. It is from the signing of this paper that the property is considered transferred.

A purchase and sale or lease agreement sets out the terms of the transaction and the timing of its implementation. The transfer and acceptance certificate is drawn up as an annex to the main contract and reflects the condition of the corresponding house or land plot at the time of transfer of real estate from the seller to the buyer.

This document is especially relevant for lease agreements. Moreover, it is drawn up both when the property is transferred to the tenant and when it is returned to the lessor.

We advise you to read:

✅ Certificate of acceptance of transfer of land: sample
✅ Lease agreement for non-residential premises
✅ Certificate of acceptance and transfer of services provided: sample
✅ Deposit agreement when buying a house with land: sample

The necessity of the act in this case is due to the following aspects:

the lessor and the lessee record the technical condition of the property and the property transferred with it;
After returning the property, the parties can clearly assess the degree of wear and tear and resolve the issue of repairs and compensation in accordance with the terms of the contract.

It is mandatory to draw up a deed for the purchase and sale of real estate. Drawing up a contract implies that the buyer knows about all the shortcomings of the house or land being purchased. In accordance with the terms of sale, the seller must inform him about this.

If the buyer discovers defects himself, he has the right to demand their elimination or a reduction in the payment amount. All of them are recorded in the acceptance certificate; after signing the document, the buyer cannot demand compensation for defects of which he was notified.

However, if the document does not indicate the defects of the land plot or house, the seller is responsible for them even after signing. Taking this aspect into account, the transfer and acceptance act becomes an integral part of all real estate transactions, forming the legal basis for the parties’ claims against each other.

Why do you need an act of acceptance and transfer of a house with a land plot?

The act of acceptance and transfer means the actual transfer of the property being sold from the seller to the buyer. We are also talking about the transfer of all title documents for the subject of the contract.

The significance of the act lies in the fact that this document necessarily reflects the fact that the buyer has no complaints about the condition of the object he purchased and accepts it without comments.

As you know, ownership of real estate arises only from the moment the transaction is registered in Rosreestr. For registration, in addition to the contract, submit an act, which is part of it and is drawn up as an appendix. Based on these documents, the change of ownership of this property will be registered.

Why is the act needed and what are the features of its execution?

The act is necessary to record the following facts:

The residential premises were transferred to the tenant, and documents for housing were also transferred at the same time.
The tenant has no complaints about the condition of the property.
The obligations of the parties have been fulfilled.

The document can be written or printed. The second option is preferred for ease of reading. Various types of errors, blots, and crossing-outs (for a handwritten version) are not allowed, so the preparation of the act must be approached with the utmost seriousness.

For your information! The act is usually drawn up by a housing employee.

The document is not subject to registration. It is signed in two copies - one for each of the parties to the agreement. It is also important to remember that the deed is an annex to the contract, so they need to be kept together.

When is it necessary to draw up an act of acceptance and transfer of a house with a land plot?

Any real estate transaction requires the signing of a document by the parties indicating the transfer by the seller of the sold property and its acceptance by the buyer.

Such cases include concluding transactions:

sale of any real estate, including land;
donation of any property;
rental of property;
transferring it for indefinite use.

The law requires the parties to draw up a deed of transfer within a reasonable time. What is meant by this term and what period of time is considered reasonable in a particular case is determined by the seller and the buyer independently by mutual agreement.

Often it is signed simultaneously with the agreement on the alienation of real estate and is drawn up as an annex to it.

Draw it up in several copies so that each party to the contract has it. To register with Rosreestr you will also need another copy of it. Do not transfer the property to the buyer without this deed.

After all, when making a transaction, it is necessary to record that the subject of the contract was transferred by you in proper condition and the buyer has no comments about it. Be sure to include this information in the act. The requirements for drawing up the act are the same as for the contract. It is signed by both parties to the transaction and sealed (if the parties to the transaction are legal entities).

Do you need a document when purchasing land and a house?

In accordance with the Civil Code, a transfer and acceptance certificate is always drawn up for real estate transactions, including its sale. However, when submitting an application for transfer of ownership rights, Rosreestr cannot require a transfer form as a separate document.

The parties may include the main provisions of this document in the original text of the purchase and sale agreement. However, for convenience, it is separated into a separate document, which is an annex to the agreement.

The protocol of acceptance and transfer of real estate confirms the fact of the transaction. However, it cannot replace the purchase and sale agreement.

Paper is required when selling any type of real estate:

Earth;
land with a house;
house (on a non-privatized garden plot, for example).

Some of the provisions overlap with information from the purchase and sale agreement.

How to draw up an act of acceptance and transfer of a house and land plot

The best option to confirm that the parties to the contract have fulfilled their obligations is to sign a transfer and acceptance certificate of real estate directly at its location. In this case, the presence of the parties who signed the agreement is mandatory, because they will have to transfer or accept the property and sign this document.

Make sure that the contract contains a complete description of the residential building with all its extensions, the number of rooms and utility rooms, floors, stairs, and their area.

Next, enter into the act the characteristics of the land plot: its unique cadastral number, area, address and its intended purpose. They are necessary so that each object can be individualized during transfer. The buyer accepts them as described, checks their availability, compliance of the actual technical characteristics with those indicated in the documents, and the condition of the subject of the transaction. If there are any comments, please reflect them in the act.

Transfer deed to the land purchase and sale agreement.

How to draw up a purchase and sale agreement for a summer cottage, read here.

For a sample land purchase and sale agreement, see the link:

What should be the content of the act? What information is reflected in it?

Make sure that the act indicates:

the name, date and number of the agreement on the basis of which it is drawn up and of which it is an annex;
information about the seller and buyer (their names, addresses and their passport details). For legal entities, enter their name and full details;
characteristics of the transferred property. If the subject of the transaction is a land plot, then its location, area, intended purpose, its boundaries and cost.

Sign the deed and indicate the date of its execution. Legal entities affix the signatures of their representatives with seals.

Briefly about the rental agreement

In Chapter 35 of the Civil Code of the Russian Federation you can find all the legal information on drawing up a rental agreement. The tenant can only be an individual, and the landlord, as a rule, is housing funds. The term of the rental agreement must not exceed 5 years. If the document does not indicate the period of employment, then by default it will be 5 years.

The parties may terminate the contract. At the initiative of the tenant, this can be done at any time (with 3 months’ notice to the landlord), and at the initiative of the landlord - through the courts in some cases. They are listed in Art. 687 of the Civil Code of the Russian Federation.

Only one citizen can be the tenant of the premises. If he will live with other citizens (family members, for example), then they must also be indicated in the contract.

At the time of handing over the keys to the residential premises, it is customary to sign a transfer and acceptance certificate of the property.

Sample act of acceptance and transfer of a house with a land plot

There is no strictly approved form of the transfer deed in the regulatory documents. It will be possible to use the model approved by the Federal State Statistics Service in 2003.

Please adhere to the following guidelines when compiling this document:

in its preamble, indicate the name of the document and full information about the persons signing it: their names, addresses, passport details, details of the legal entity. Reflect that the act is signed by the parties without any pressure on them, on a voluntary basis;
indicate on the basis of which agreement (date and number) it is drawn up and give a full description of the land plot: its location, area, cadastral number, category of land and its intended purpose;
list all title documents for the site transferred to the buyer and describe the condition of the subject of the transaction;
if the buyer has complaints, then they should be reflected or written that the item was delivered in good condition;
write how many copies of the act have been drawn up and to whom they were handed over. Usually each participant in the transaction receives them;
sign the deed and date it.

Acceptance certificate for completed work: sample 2021

The document does not have a unified form. Download our clear and simple sample certificate of completion of work and, if necessary, supplement it. You can use any document format. For example, Excel or Word: you can use both versions of the certificate of completion of work; choose the one in which it is more convenient for you to work.

Work completion certificate form 2021: download for free in excel

Work completion certificate form: download for free in word

Let's look at how to fill out and format the document.

Documents for drawing up an act of acceptance and transfer of a house with a land plot

The transfer of the subject of the contract from its owner to the buyer is accompanied by the simultaneous transfer of documents for it.

They are:

cadastral plan;
boundary plan.

Before signing the deed, carefully read all the documents for the land plot again and make sure that there are no contradictions in them and they are drawn up in accordance with all the rules.

It will not be superfluous if you ask the seller to provide the following documents:

about the absence of tax debts on it at the time of signing the transaction;
whether the seller has the authority to sign the contract;
about the absence of other co-owners of the site;
about the absence of restrictions on the disposal of land: that no one has imposed a ban on its alienation on this plot and it is not in collateral.

The deed is usually drawn up and signed along with the contract after all monetary settlements have been completed.

Features of drawing up an act of acceptance and transfer of a house with a land plot

In order to correctly prepare the transfer and acceptance certificate for a land plot, pay attention to the following nuances:

check whether the actual area of the plot corresponds to that indicated in the documents, whether the category of land and its intended purpose are indicated correctly;
if there are buildings on the site, then data about them must be indicated in the act;
be sure to indicate the date of drawing up the contract and act;
if the act and the agreement are signed by different persons, then check whether they have the authority to perform these actions. This occurs if the parties to the agreement are legal entities. Or the owner of the site, having signed the agreement, transfers the authority to actually transfer it to his representative. In this case, he must grant him a notarized power of attorney;
indicate in the act a list of all documents attached to the act. It would not be superfluous to attach a certificate from the tax authorities confirming the absence of debt on real estate taxes;
When purchasing a plot, pay attention to the intended use of the purchased plot. The buyer will not have the right to use it for other purposes. This circumstance must be stipulated in the text of the contract;
the act can describe in detail everything on the site, right down to the green spaces. If harvesting is planned, then specify who will have the right to collect it;
If the land plot belongs to several owners, make sure that they all sign the deed.

Drawing up this act is a mandatory requirement for transactions with any real estate.

The act of acceptance and transfer of a house with a land plot between legal entities

When drawing up an agreement by legal entities, be more careful when drawing up the act. Payment for transactions is made on the basis of this document, since it is the only document that indicates that the parties have fulfilled all the terms of the agreement. If the act is missing, this may lead to a challenge to the concluded agreement.

In the act of acceptance and transfer of land, do not lose sight of its intended purpose.

When transferring land for temporary use, stipulate in the agreement for what purpose it is being done. Before the transaction, make sure that the owner has paid all taxes on this plot and that no encumbrances have been imposed on it.

Please keep in mind that the dates of the agreement and the deed may not coincide.

It is not necessary that the subject of the agreement be transferred on the day the transaction is signed. It is possible that the plot will be transferred a certain time after the conclusion of the contract. Under such circumstances, the transaction is considered completed after the execution of the act. The act must be signed by a person authorized to do so.

Its director can act on behalf of a legal entity without a power of attorney. If the representative is another person, then he must have a power of attorney, duly executed. It is recommended to draw up a report in all cases to avoid misunderstandings regarding payment or the condition of the subject of the transaction.

The act of acceptance and transfer of a house with a land plot to the purchase and sale agreement

It follows from Article 556 of the Civil Code that the transfer of real estate by the parties to the agreement is documented. New ownership rights to any real estate must be registered. At the same time, registration authorities are obliged to verify the actual fulfillment of the terms of contracts for the alienation of real estate.

It is not possible to go to the addresses and check this locally. Participants in the transaction can prove the execution of the transaction by presenting the acceptance certificate signed by them. Therefore, you should not shy away from its design.

Certificate of acceptance and transfer of a house with a land plot when renting

One of the most common agreements is the lease of land plots. The subject of the transaction is transferred by the owner to the second party not for ownership, but for temporary use. The contract sufficiently accurately describes the subject of the transaction: indicate all the data about the land plot, its address, area, unique cadastral number (Part 3, Article 607 of the Civil Code of the Russian Federation). There are no mandatory requirements regarding the execution of the act. But drawing it up will help avoid many misunderstandings between the tenant and the landlord.

The act will allow us to accurately establish the following circumstances:

if there is a signed act, the fact of transfer of the subject of the contract will not be disputed by anyone;
From what date will the rent be calculated? By law, this is considered the day of actual transfer of the land plot to the lessor;
the fact that all documents for the site have been transferred to the buyer;
the fact of transfer of other property (for example, buildings on the site);
the fact that the property is in good condition.

When the lease period ends, the land plot is returned according to the same rules with the signing of a similar act.

Rules for drawing up a transfer deed for purchase and sale

Taking into account the purpose of the act of acceptance and transfer of a house or land plot, its content must contain the following conditions :

date and place of document preparation;
full names or names of legal entities of the seller and buyer, representatives of the parties, if registration is carried out by power of attorney, officials and their powers;
if the transfer of a house or land plot is carried out with the involvement of third parties and experts, the relevant information and information about them is recorded;
details of the main purchase and sale agreement are provided - the transfer and acceptance certificate is considered an appendix to it and cannot be used as a separate document;
general information about the transferred object, address, technical details, description - all this must correspond to the main contract;
detailed information about the technical condition of the land plot or house - area, buildings, number of premises, utility lines;
an inventory of additional property transferred with the allocated property - furniture, equipment, tools, other things;
a list of documents transferred along with the right of ownership of real estate is provided;
all information about the condition of the land plot or house, as well as additional property, can be presented in the form of a table, indicating the shortcomings and claims of the receiving party;
the fact of transfer of real estate and payment for it is recorded, if the corresponding calculation is provided for in the contract;
if a table with a detailed description has not been compiled, the parties’ claims or their absence are placed at the end of the document;
in the absence of a claim, the fact of transfer of the land plot or house is recorded after signing this document;
the number of copies is indicated and the signatures of the parties are affixed.

The presented rules for filling out the transfer and acceptance certificate are considered basic. Depending on the type of transaction, individual provisions and nuances of execution may differ.

When renting

The transfer of a land plot or house for rent is regulated by Articles 22 of the Land Code of the Russian Federation and 611 of the Civil Code of the Russian Federation. The legal provisions do not provide for the obligation to draw up a transfer and acceptance certificate. However, in practice, the execution of such a document is due to the following reasons :

the date and fact of transfer of real estate is recorded;
payment of rent is made from the moment of receipt of the land plot or house;
in addition to the transfer of real estate, the act also records the provision of all documents necessary for its use;
an inventory of all additional buildings, premises, items, tools and equipment transferred along with the land plot or house is compiled;
the technical condition of the transferred property is described in detail.

All of the above factors are recorded in the transfer and acceptance certificate. A similar document is drawn up when returning real estate.

When donating

A gift agreement implies a gratuitous transaction, so drawing up a transfer and acceptance certificate may seem optional. The legislation also does not regulate this issue, leaving the need to draw up the document at the discretion of the donor.

Experts, however, recommend drawing up a deed of transfer of land or a house when donating. Despite the gratuitous nature of the transaction, the donee can make claims against the donor if significant defects in the real estate are discovered.

Such claims are often related to required repairs or other obligations that entail losses to the donee. If all defects are recorded in the transfer and acceptance certificate and the document is signed, the donor is protected from controversial and conflict situations.

Upon assignment of rights

Assignment of the right of use is the transfer of a land plot or house received under a lease agreement to a third party. Such an agreement is drawn up with the consent of the property owner according to the same principles as the main transaction.

An additional condition of the assignment agreement is additional payment from the new tenant. In this case, the transfer and acceptance certificate is drawn up according to the same model as a similar document to the main lease agreement.

The new act will be different if only part of the leased land plot or house is transferred to a third party. For example, a company rented an apartment building, the premises of which it then rents out to its employees or other persons.

In this situation, a transfer and acceptance certificate is drawn up for each concluded agreement with a detailed description of the allocated property. The document must contain all the details that allow you to identify the desired premises or the corresponding plot against the background of the rest of the real estate.

The act of acceptance and transfer of a house with a land plot under an assignment of rights agreement

By concluding a land lease agreement, the tenant receives the right to use it for profit.

But with the consent of the land owner, he will be able to transfer:

plot for sublease to third parties;
your rights and obligations as a tenant to other persons;
land for free use (Article 615 of the Civil Code of the Russian Federation).

These agreements also require an act of acceptance and transfer of land. It is drawn up according to the same rules as documents for the main lease.

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Validity periods

There are no restrictions on the validity period of the application. In most cases, it is drawn up directly at the time of concluding a real estate purchase and sale agreement.
However, it is not prohibited to take long intervals between signing documents.

Situation. The buyer and seller signed a contract for the sale and purchase of a plot of land with a house. But the buyer does not have the required amount, so the signing of the real estate acceptance certificate was postponed for several months, during which the entire cost of the plot must be paid.

You can defer signing the protocol for an unlimited period of time. However, it is recommended to include such nuances in the purchase and sale agreement. If the transfer protocol is not signed by the deadline specified in the agreement, the party that did not fulfill its obligations will be punished. It must also be stated in the main agreement. This could be a penalty, a fine or termination of the transaction.