Transfer and acceptance certificate for the purchase of an apartment

Why do you need an apartment transfer and acceptance certificate?

An apartment acceptance certificate is a document confirming that the buyer has accepted the property and is satisfied with its condition. It is issued when purchasing housing both on the secondary market and from the developer. The legislation does not define the form of the act and the specifics of its drafting; the parties can leave this at their own discretion. The main thing is that the act reflects its essence.

The act of transferring an apartment upon sale establishes that:

The seller fulfilled its obligations under the contract.
The buyer accepted the apartment without any complaints.

Important! It is not necessary to submit the apartment acceptance certificate to Rosreestr when selling. It is not included in the list of documents approved by Art. 21 Federal Law dated July 13, 2015 No. 218-FZ. But if you have it and payment is made in full before registration, it is better to take it with you.

Certificate of acceptance and transfer for a mortgage

Drawing up a transfer and acceptance certificate for an apartment when buying with a mortgage is practically no different from buying for cash. The only exception is that settlements with the seller are made only after the transaction is registered, therefore, the act is signed at the same time.

Contents of the act

The document can be drawn up in free form. The main thing is to include basic information about the transaction:

information about the seller and buyer (if third parties, for example, relatives, are present at the inspection, their details can also be entered as witnesses);
if any of the parties acts under a power of attorney, its details;
date and place of compilation;
details of the purchase and sale agreement;
location of the transferred apartment;
technical characteristics (floor, area, etc.);
meters data;
what remains in the apartment (furniture, plumbing, household appliances);
the condition of the housing (especially if there are any shortcomings);
signatures of the parties with transcript.

An important point is confirmation that the buyer has no complaints about the condition of the apartment. And even if the apartment has some shortcomings, he agrees with them.

The act may contain additional notes. For example, that the apartment is inhabited by tenants who have the right to use the housing until a specified date. Or about the presence of utility debts that the previous owner is obliged to repay.

The number of copies corresponds to the number of participants in the transaction (if there are 2 sellers and a buyer, you need to print 3 copies). It is not necessary to submit them to Rosreestr, but it is worth keeping them just in case.

You can draw up an acceptance certificate yourself, but still some legal subtleties will have to be taken into account. If your transaction is being handled by a realtor, it is wiser to entrust the processing to him (especially since purchasing a resale property can be risky for many other reasons). The specialists of the Academy of Sciences “Transfer” will minimize the risks when buying an apartment, draw up the necessary documents and support your transaction. After signing the transfer and acceptance certificate, all you have to do is move into the apartment and re-register contracts with utility services in your name.

When is the deed signed?

It all depends on the agreements and payment options between the parties:

The buyer pays a deposit, the rest after registration. The transfer deed is drawn up after the transfer of ownership, at the time of delivery of the keys.
The buyer immediately pays the entire amount before registration. The apartment acceptance certificate is drawn up before visiting Rosreestr.
The apartment is taken out on a mortgage. Calculations and execution of the act - after registration.

Note: the law does not limit in any way the moment of signing the acceptance certificate of an apartment upon purchase. Usually everything happens like this: the buyer looks at the property and agrees to the deal. The parties draw up an agreement and a transfer deed immediately, and the seller receives a deposit. After registration, the remaining amount is transferred, and a receipt is taken from the seller.

Agreement for the sale and purchase of an apartment with installment payment

Agreement for the sale and purchase of an apartment with furniture and household appliances

How to compose it correctly?

In what form should it be?

The law does not contain any instructions regarding the form in which the act must be drawn up. There is only the word “document”, on the basis of which we can conclude that the act is prepared in writing. No mandatory forms, forms, etc. have been officially approved.

Moreover: even if the agreement itself was notarized (in accordance with the Federal Law “On State Registration of Real Estate” or at the request of the parties), there is no need to have the act certified by a notary .

According to Art. 556 of the Civil Code of the Russian Federation, the act is a separate document that only records the fulfillment by the seller of his obligations under the transaction. It does not change any of the terms of the contract itself, and therefore cannot be considered as an integral part of the transaction.

It must be remembered that the parties have the right to certify not only those documents that require a notary’s mark , but also any others.

The issue of the notarial form of the deed of acceptance and transfer is not clearly resolved in the law. Therefore, if the agreement itself was notarized, it is better for the parties to notarize the deed of transfer as well, in case Rosreestr has any questions. But this is only an additional security measure, and not a mandatory requirement.

Required information

Also, the law does not indicate what information must be included in the acceptance certificate. However, in practice it usually includes the following information:

The name of the document (“Acceptance and Transfer Certificate”).
Place and time of signing.
The parties who signed the document indicating their status under the contract (who is the seller, who is the buyer). For citizens, it is better to also indicate passport data, and for organizations (if, for example, an apartment is purchased directly from a developer) - the legal form and registration data, as well as information about who signs the document and on what basis (based on the charter, power of attorney, etc.) .d.).
Description of the apartment indicating its address or cadastral number.
The fact of the presence or absence of claims of the parties to each other.
Signatures of the parties.

Below you have the option of a transfer deed for a purchase and sale agreement and a sample deed of transfer of an apartment under a purchase and sale agreement.

How to correctly describe housing?

In order to protect themselves from unfounded claims, the parties must indicate in what condition the housing was transferred . At a minimum it must be indicated:

Description of the condition in which the premises itself are located. If present, obvious defects should be noted - traces of leaks, cracked plaster, etc.
Description of the condition of sewerage, water supply, electricity and gas supply systems (if available).
The safety of doors and locks on them, windows and frames, the serviceability of switches and sockets.
Description of interior items or furnishings of the apartment, if they are transferred along with the housing.

It is highly advisable to also indicate meter readings in the act. This will help avoid disputes about the presence or absence of utility debts in the future.

Video about the intricacies of the transfer deed:

Acceptance and transfer of an apartment: five tips

How to draw up an apartment acceptance certificate?

To draw up an act of acceptance of residential premises you need:

Inspect the room. All shortcomings, the amount of furniture, and other features are reflected in the act.
Draw up an act. This is usually done by the seller.
Conclude a purchase and sale agreement and pay the seller.
Receive the keys to the apartment, sign the deed in at least two copies. Each side is left with one copy.

Important! Before signing the transfer deed, you must make sure that the condition of the apartment is the same as during the initial inspection. If this is not done, it may turn out that since the inspection the seller has taken all or part of the furniture, or other shortcomings have arisen that affect the cost of the home and the transaction as a whole.

Contents and sample of the act

A standard template for a transfer acceptance certificate usually contains the following information:

Full name, date of birth, registration address, passport details of the parties to the transaction.
Details and date of drawing up the purchase and sale agreement.
Information about the apartment: address, area, number of rooms, floor, cadastral number.
No complaints from the buyer.
What property is transferred along with the apartment: furniture, household appliances, plumbing, etc.
Date of preparation and signature of the parties.

Sample act

Documentation

To complete the act you will need:

passports of the parties;
contract of sale;
technical documents for living space.

Additionally, during the transaction, the seller provides a document confirming the basis for his ownership rights, as well as an extract from the Unified State Register of Real Estate, a certificate of absence of debts for housing and communal services, and an extract from the house register.

This agreement has the force of an act of acceptance of delivery

Here is the main part of the contract - please make adjustments.

1. The Seller sold and the Buyer bought 1/2 (one second) share in the residential premises located at the address: Lipetsk, st. ...

2. The specified residential premises in which the above 1/2 share is alienated consists of one room with a total area of 17.3 (seventeen point three) square meters, including a living area of 16.6 (sixteen point six tenths) sq.m., located on the second floor of a five-story brick residential building.

3. The specified residential premises belong to the Seller by right of ownership on the basis of the Purchase and Sale Agreement of residential premises dated...2010, which is confirmed by the Certificate of State Registration of Rights: series... No...., issued...2010 by the Office of the Federal Service for State Registration, Cadastre and cartography in the Lipetsk region, about which registration entry No. ... was made in the Unified State Register of Rights to Real Estate and Transactions with It

4. The seller guarantees that at the time of signing this agreement, the alienated 1/2 share of the above-mentioned residential premises has not been sold to anyone else, has not been donated, has not been pledged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties.

5. At the time of signing this agreement, the Seller is registered in the residential premises in which 1/2 share is being alienated. The Buyer is notified that the conclusion of this agreement on the alienation of 1/2 share of the above residential premises in no way entails the obligation to deregister the Seller. The parties to this agreement have agreed that the presence of the Seller’s registration in the specified residential premises is not an obstacle to the conclusion of this agreement and cannot subsequently serve as a basis for termination of this agreement.

6. The Seller sold and the Buyer bought 1/2 (one second) share in the right of common shared ownership of the above residential premises for 370,000 (three hundred seventy thousand) rubles. The indicated cost of 1/2 share of residential premises is established by agreement of the parties to this agreement, is final and, in the future, is not subject to change. The specified amount was received by the Seller before signing this agreement.

7. After state registration and transfer of ownership in the Office of the Federal Service for State Registration, Cadastre and Cartography in the Lipetsk Region, the Buyer acquires ownership of 1/2 (one second) share in the common shared ownership of residential premises and assumes the obligation to pay real estate taxes, carries out at its own expense the operation and repair of residential premises, and also participates in proportion to the occupied area in the costs associated with the ongoing maintenance, maintenance and repairs, including major ones, of the entire house. 1/2 (one second) share in the common shared ownership of the residential premises remains with the Seller.

8. The buyer has familiarized himself with the technical and sanitary condition of the above-mentioned residential premises, has no complaints about its condition and agrees to accept the alienated 1/2 share in the above-mentioned residential premises. The parties have established that from the moment of signing this agreement, visible shortcomings of the above-mentioned residential premises do not constitute a basis for the subsequent application of Article 475 of the Civil Code of the Russian Federation.

9. The parties to this agreement have agreed that this agreement has the force of an act of acceptance and transfer of the alienated 1/2 share in the ownership of the above-mentioned residential premises and from the moment of signing this agreement the Seller’s obligation to transfer to the Buyer the alienated 1/2 share of the residential premises is considered fulfilled.

10. In accordance with Articles 131 and 551 of the Civil Code of the Russian Federation, the transfer of ownership of the alienated 1/2 share of the above residential premises is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Lipetsk Region.

11. The right of common shared ownership of 1/2 share of the above residential premises arises from the moment of registration of this right in the Unified State Register of Rights to Real Estate and Transactions with It.

12. The parties to this agreement have agreed that all costs associated with the state registration of the transfer of ownership of the alienated 1/2 share of the residential premises to the Buyer shall be borne by the Buyer.

13. This agreement is considered concluded from the moment the parties sign the agreement.

14. This agreement is drawn up in three copies, one of which is handed over to the Buyer, the second to the Seller, and the third copy remains in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Lipetsk Region

Are there any significant deficiencies that could lead to denial of registration? Thank you!

Lawyer's answers to frequently asked questions

I am buying an apartment and asked a realtor for help.
Who should draw up the transfer deed? It all depends on the terms of the agreement with the realtor. If it says that he prepares the documents, then you won’t have to do this.

I don’t want to sign a transfer and acceptance certificate for an apartment purchased from a developer. During the inspection, it turned out that there are cracks in the windows, and I am not satisfied with the quality of the repairs.

There is no point in refusing to sign the transfer deed. You can sign it and indicate all the shortcomings, and then demand monetary compensation from the company in pre-trial proceedings. If he refuses, go to court.

I am buying an apartment under a pre-sale agreement with a deposit. We will issue the main DCT after the seller’s mortgage is paid off, it is paid off with my money. Is it necessary to issue a preliminary act of acceptance and transfer of the apartment?

No, a preliminary transfer deed is not required. The main thing is to formalize the main one during the final payment and receipt of the keys.

The apartment was purchased with a mortgage, the documents are now being registered. I urgently need to register there. Can this be done on the basis of a transfer and acceptance certificate?

No, to register at the place of residence you need a title document in this situation. Wait until the registration of the transfer of ownership is completed, receive an extract from the Unified State Register and contact the Department of Internal Affairs of the Ministry of Internal Affairs.

My husband bought an apartment a couple of years ago and registered it in his name. He signed the contract and the transfer deed, my signature is not there. Now we are getting divorced. Will the court divide the property equally, or will only he remain the owner?

No, in the absence of a marriage contract, property is divided between the spouses in equal shares. The absence of your signature in the DCP and the act does not matter.

Is it necessary and why?

As for whether this document is mandatory, first of all it must be said: the legislation regulating issues of purchase and sale does not provide for the mandatory drawing up of a transfer deed in all cases.

Art. Art. 456-458 of the Civil Code of the Russian Federation, which establish general norms for transfer during purchase and sale, only say that the seller is obliged to transfer the goods to the buyer .

Specifically for real estate, the transfer deed is already provided for in Art. 556 of the same code, but this article only indicates the signing by the parties of a document recording the moment of fulfillment of the obligation. As a result, another document may be used instead of the act.

Nevertheless, in legal relations that arise when purchasing an apartment, it is the act of acceptance and transfer that is most convenient . This document serves as a tool through which the parties:

state that the obligation to transfer the housing by the seller has been fulfilled;
indicate the condition in which the apartment was transferred (this is important in case disputes arise in the future about the quality of the housing and whether it had obvious defects and shortcomings, and is especially important if the property is purchased on the secondary market).

The latter is especially important. Part 2 art. 556 of the Civil Code of the Russian Federation indicates that even if the buyer agreed to accept real estate that has defects, this does not relieve the seller from liability. And in this case, during further proceedings, it is the act indicating the defects that will be one of the pieces of evidence in court.

The transfer is not limited to signing the deed. The law requires that housing be physically transferred - at least by handing over the keys to it. If the deed is signed, but the seller actually prevents the use of the apartment, this is a reason to go to court.

Let's watch a video about what an apartment transfer and acceptance certificate is and why it is needed:

Apartment acceptance certificate