What is the act of acceptance and transfer of an apartment upon purchase?
The Acceptance Certificate (APA) refers to a document provided for by the Civil Code of the Russian Federation, which testifies to the full fulfillment of contractual obligations by the participants in the apartment contract and to the actual acceptance of the property by the buyer.
The form reflects the condition of the housing upon its transfer, indicating its technical condition, the fact of full payment and other data reflected in the DCP. The execution of this form refers to the final stage in the procedure for fulfilling obligations under the residential property contract, indicating that all contractual conditions have been fulfilled by the parties and the buyer becomes the legal owner of the property.
Why is a transfer deed needed?
The PPA is an indispensable annex to the PrEP. This document addresses the following issues:
- Firstly, when accepting housing, the buyer states its technical condition, indicating the absence/presence of comments.
- Secondly, the signed document becomes the final stage of the apartment contract.
- In addition, the buyer has the right to use this document to obtain a tax deduction in the future.
Form
There is no unified form or approved structure of the PPA, and the legislative norms do not establish any special requirements.
This form refers to a document that both parties to the contract must sign. Therefore, the form must be prepared in writing only. It does not require registration, but with mutual consent it can be certified by a notary.
In fact, the PPA is considered an addition to the DCP and must be stored with it. At the same time, in some options a separate registration of PPA is not required. For example, if the transfer of housing and the conclusion of the agreement were carried out simultaneously, then in this option the fact of transfer is reflected in the agreement when it is signed. Consequently, there is no need for a separate acceptance form.
When filling out the transfer deed, you should keep in mind that when purchasing housing in a new building, sellers, as a rule, provide their PPA form. Therefore, buyers are required to re-read it carefully before signing it.
When purchasing residential premises on the secondary market, the participants in the transaction sign a PSA prepared by realtors or lawyers. Acts are usually drawn up in two parts, for the seller and for the buyer. When purchasing a new apartment, a third copy is filled out and sent to the registration service. Some divisions of Rosreestr require a third copy of the PPA for housing purchased on the secondary market.
Inventory of property for the lease agreement
The lessor can make an inventory of the property in this appendix to the contract in advance, either typewritten (in MS Word) or with a simple pen. as many items as possible in the transfer deed of residential premises
- household appliances located in the apartment;
- furniture;
- interior items.
The employer, in turn, must check the functionality and absence of external mechanical damage on the rented devices and interior items.
If any defects are discovered, it is necessary to add the nature of the visible damage for each item at the time of acceptance, and put dashes in the empty columns.
This is required so that the landlord does not add non-existent elements and does not accuse his counterpart of theft or damage when transferring housing during check-out. It would be a great help to have photographs taken by each party upon check-in.
This action should not be neglected, because immediately after signing the contract, the tenant becomes financially responsible for the safety of the transferred movable property.
We sincerely hope that you will find a respectable tenant who will regularly pay for the rental housing provided. It is better if you forget about it immediately after signing this form, because you will not need it in the future. But if the tenant damages the residential premises or steals something, you can recover the full cost from him in court, based on this act of acceptance and transfer of residential premises.
With such competent legal preparation of the transaction, the judge is guaranteed to side with you. However, do not forget that if you are not going to register the agreement with Rosreestr, it should be concluded for a period of up to 11 months, otherwise it will be declared invalid.
Also, do not forget about declaring your income and submitting reports to the tax office, otherwise in court you will be justified for organizing illegal business activities.
What should be reflected in the act
The PPA is required to display the following information:
1. Details of the parties, indicating:
- FULL NAME.
- Registration addresses.
- Passport details, etc.
2. Characteristics of housing or its share, indicating:
- Squares.
- Addresses.
- Floors and other information.
3. Information about this document must be displayed both in the PPA itself and in the DCP.
4. Factual data on the transfer of housing, listing:
- Keys.
- Features of living space.
- Meter readings for water, heat, gas, electricity.
- Identified comments and other data.
5. Date of completion and signatures of the parties. This document must be signed on the day the property is actually transferred to the new owner.
Note. In some circumstances, conditions precedent may appear in the PPA. For example, if the seller did not have time to check out, then a condition may be displayed that the deed receives legal status only after the seller checks out of the living space. It is possible to include other conditions that may be important for the parties to the transaction.
Signing procedure
This procedure is most clearly regulated by law in the case of purchasing an apartment from a developer. The timing of signing the act is determined by the agreement.
The developer is obliged to notify the buyer of his readiness to transfer the apartment by registered mail, and the buyer must proceed with acceptance within the prescribed period.
If the period is not specified, then the buyer must accept the housing within 7 working days from the date of receipt of the message.
If the buyer unreasonably refuses to accept the completed housing, the developer has the right to draw up a unilateral document on the transfer of property.
The signing of the transfer act with the seller can be carried out either simultaneously with the contract or later, depending on the terms of settlement with the seller.
When drawing up a notarial agreement, the act is signed in the presence of a notary , and in simple written form - during the filing of an application for registration of the transfer of rights .
Simultaneously with signing this document, the buyer is given the keys to the apartment, technical documents, and receipts for payment of utilities.
Design rules
There is no approved unified housing PPA form established by law.
However, when filling out the form, there are some mandatory requirements that must be included in the PPA. The act must include:
- The date and place of its completion.
- Passport details of the parties.
- The name and number of the agreement, which is the basis for drawing up the transfer deed.
- Information about the absence of claims from the seller.
- Information about the absence of complaints from the buyer.
- Signatures of the parties to the transaction with a full transcript of their names.
You can learn more about the rules for drawing up a transfer deed by watching the video.
( Video : “We draw up a transfer deed for the apartment purchase and sale agreement”)
How to correctly describe the condition of the apartment and the property being transferred?
A description of the property may be included in the text of the act or drawn up as an appendix to it.
A complete description of the condition of the apartment is necessary to protect the interests of the parties to the contract, to eliminate unnecessary expenses and, as a rule, should contain :
- description of the shortcomings of the premises, including sanitary and technical equipment, kitchen equipment, electrical and heating networks, water supply and sewerage;
- description of the transferred furniture and interior items, household appliances, if provided for in the contract;
- readings from meters available in the apartment that record the consumption of electricity, water, and gas.
In accordance with the law, housing must be handed over in a condition suitable for habitation. Therefore, when accepting an apartment, it is important to check :
- operability of all electrical appliances;
- safety of doors, windows;
- serviceability of electrical wiring, sockets, switches;
- technical and external condition of other property.
A comprehensive description of the condition of the premises allows you to make a decision:
- on signing the transfer deed;
- refusal to sign and submit demands for elimination of deficiencies, or monetary compensation on the part of the seller.
Instructions for filling
Before filling out the transfer deed, the parties to the transaction must inspect the apartment being transferred, note the identified comments and, after completing this procedure, fill out the document, displaying the identified comments and suggestions, and affix their signatures.
The procedure for transferring real estate is reflected in Art. 556 of the Civil Code of the Russian Federation. In fact, the deed of transfer is a continuation of the contract of real estate, indicating the actual completion of the obligations assumed by the parties to the contract.
The act is filled out in any form, but always displays the details of the main DCP and lists the required information.
The document is filled out, most often, by participants in the PrEP. However, if the DCP for the apartment was developed by a lawyer or notary, then it is advisable that this form be drawn up by the same persons.
The acceptance certificate is drawn up regardless of the method of acquiring residential premises (in the primary or secondary market).
The form is issued in 2 copies. If a bank is involved in the transaction (for example, with a mortgage loan), then the 3rd copy is filled out. An additional copy may be needed for registration services when registering the right to own residential space.
After signing the PPA, the keys are usually transferred to the new owner.
Note. The content of PPA purchased residential premises on the primary and secondary markets has a slight difference.
On the secondary market
The PPA of premises purchased on the secondary market is a little simpler. It does not contain buyer claims regarding quality. The essence of such a document is only to certify the fact of transfer of the living space to the Buyer in the condition shown in the DCP.
A signature on such a form is usually placed after a superficial inspection of the premises to check that it is not burned, not flooded, not turned into trash, etc. The buyer is also obliged to make sure that there is no debt on housing and communal services by checking the indicators of electricity and water meters , and in the absence of debt on telephone bills, if a telephone is installed on the premises.
If, during an inspection of the premises, serious defects or debts for housing and communal services are revealed, the Buyer has the right to demand from the Seller the elimination of defects and repayment of arrears on all payments. This condition can be reflected in a separate clause in the PPA (if the Seller agrees to immediately eliminate everything), or the form is not signed by the receiving party (if the Seller does not want to address the comments). In the latter option, the problem is resolved through legal proceedings.
After signing the PPA, responsibility for the premises (including settlements with housing and communal services) rests with the Buyer.
The PPA does not need to be confirmed by a notary, but at the request of the DPA participants it can be confirmed by a notary.
The form requires the following information:
1. Name of the form, date and place of completion.
2. Full name and passport details of the parties.
3. A link to the DCT, on the basis of which the transfer of the apartment is carried out.
4. Address and brief description of housing, indicating:
- general and living space;
- floors;
- number of rooms.
5. Signatures of participants in the transfer of living space.
The PPA can also display data on the current condition of the living space, as well as a list of furniture and other attributes (if the sale is carried out furnished).
In addition, the PPA can reflect the fact that the Seller has received the entire amount for the apartment, with the issuance of a receipt to this effect.
Sample
On the primary market in a new building
The PSA for residential premises purchased on the primary market is filled out by the Developer and is part of the agreement for shared participation in the construction. This form refers to a mandatory document submitted for registration of a purchase in Rosreestr.
A signed PPA for residential premises in a new building means that the Developer has fulfilled its promises to the buyer-shareholder. Consequently, from this moment on, the responsibility for payments for housing and communal services for the apartment passes to the shareholder, despite the not yet registered ownership.
A special feature of the PPA for the transferred premises purchased on the primary market is that the shareholder has the right to reflect his claims to the quality of the housing in the form. A list of identified construction deficiencies is noted either in the PPA or in the inspection form attached to the PPA.
In this option, despite the fact that the deed is signed, the Seller-Builder is obliged to correct the noted defects or pay compensation to the equity holder.
The acceptance certificate for a new building requires the following data to be displayed:
- Name of the form, date and place of completion.
- FULL NAME. shareholder and construction company data.
- Link to the agreement with the construction organization.
- Housing construction address, apartment number, entrance and floor (according to BTI data).
- Brief description of the living space (area according to BTI measurements, number of rooms, presence of loggias/balconies, etc.).
- Absence/presence of comments on the quality of housing.
- Signature of the shareholder and the representative of the construction company.
- The PPA may also contain other items that do not contradict the legislative norms of the Russian Federation.
The PPA for residential premises purchased in a new building is drawn up in 3 copies: for the construction company, for the Buyer and for registration of the DPA in Rosreestr.
Sample
Reflection of the apartment’s shortcomings and their elimination
Deficiencies may be reflected in the act itself, in an inspection sheet or in a special journal.
During the inspection of the apartment, you should carefully check and indicate:
- operability and condition of metering devices;
- integrity of load-bearing structures, brickwork, partitions;
- presence of uneven surfaces, cracks;
- serviceability of ventilation, window units, plumbing equipment and other devices.
If it is impossible to check any equipment or structures, it must be indicated what exactly was not accepted by the buyer and for what reason .
The buyer can control the defects of the premises independently or with the participation of a specialist.
It is recommended to record flaws and defects by photographing, which will serve as additional evidence of the presence of violations.
All deficiencies require correction, which must be indicated in the act defining a reasonable period for their elimination .
Identified irreparable defects may serve as grounds for termination of the contract.
