The Supreme Court reminded when it is possible not to accept an apartment with shortcomings that do not prevent living in it

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:

1. Flashlight.
2. Roulette.
3. Level.
4. A lighter.
5. Light bulb.
6. Plug with indicator.
7. 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:

1. You doubt that you will be able to rent an apartment on your own;
2. You know in advance about serious violations during construction;
3. 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:

1. 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.
2. 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.
3. 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.
4. 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 write about?

Before you complain about the actions of the developer, you need to back them up with evidence - and this can be different depending on the situation.

If you do not like the quality of the work carried out by the developer (finishing, screeding, problems with windows and doors, etc.), then describe the problems that have arisen in connection with this and offer to eliminate them. If necessary, you can attach photographs to the text. If the claim remains unanswered, then it is presented again, but now with reference to an invited expert, who is called at this stage. This way, you have not only your words, but also a professional opinion.

Sometimes the developer may set unacceptable conditions in the real estate acceptance certificate . For example, the footage of the apartment has been changed, and you have to pay extra for it. Or the developer ignores your complaints about his work in the act. Reflect in the document the violation of the law and refer to it without fail.

If the apartment delivery deadlines specified in the contract are violated, then the claim against the developer must be accompanied by a calculation of the payment of the penalty. Knowing the cost of the apartment (already paid: if you have not fully paid off with the construction company, indicate only the amount already spent), the number of days of delay (counted from the next day after the day specified in the contract) and the key rate of the Central Bank of the Russian Federation, which was in effect at the time of fulfillment of the obligation, you can calculate the required amount using the formula. Since for individuals the penalty is 1/150 of the rate for each day of delay, the penalty for one day is calculated simply: you need to multiply the Central Bank rate by 1/150. This is its size in percentage. Add it to the calculations and you get the following formula:

Cost of the apartment * time of delay * penalty for 1 day = total amount of the penalty.

If a developer tries to impose a certain management company on the owner , this is illegal. As soon as the apartment becomes your property, you, together with other residents, have the right to choose the management company yourself. If your right is violated, it is worth reflecting this in the claim.

Available methods for registering real estate in the Unified State Register of Real Estate

What to do after accepting an apartment in a new building? Register ownership of real estate. Available methods:

• directly through Companies House;
• At the MFC. If a particular city provides electronic registration, you can book a specific time. MFC employees do not check the correctness of filling out documents, the presence/absence of encumbrances and other possible reasons for refusal of registration. Their task is to accept documents and transfer them to the Chamber. Accordingly, the total review period is increased by 4 working days;
• Via Russian Post with a description of the attachment. The post office employee checks the documents and seals the letter. Taking into account the timing of delivery across the country, the process of receiving a response may take several months;
• Through the intermediary of banks. In particular, Sberbank has provided a special service for sending documents for registration in electronic format. Read more in the article - Pros and cons of electronic registration of a transaction in Sberbank

Recommended article: Is it possible to change the mortgage payment date?

There are 5-9 days to check and carry out the procedure. If deficiencies are identified, the documents are returned to the applicant indicating the reason for the refusal.

Important! Documents for the same reason cannot be returned for correction twice.

Rules for filing a claim

The document addressed to the developer must be correctly drafted in order to be legally binding. You must specify:

• all data and details of the developer (the DDU must contain them) in the upper right corner. Be sure to indicate the name of the director of the construction company, since, in fact, you are sending the claim to him;
• Full name, passport details and full address of the applicant;
• in the center of the appeal there should be the name of the document - claim;
• a description of the grounds for the claim with reference to the concluded contract, as well as all existing additional agreements. It is also necessary to indicate all details here. If the defects for which the claim is made arose after the apartment was taken over, it is worth referring to the transfer deed. It is worth emphasizing which clause of the contract was violated;
• a link to the relevant law (No. 214-FZ), which states the construction company’s obligation to reimburse expenses incurred or pay a penalty;
• calculation of the required amount of compensation;
• other requirements of the claim maker. In addition to monetary compensation, this may include free elimination of defects on time or a reduction in the contract amount. To respond to the claim and further go to court, if necessary, this point is extremely important; attention will be paid to it first;
• details for payment of all compensation;
• a note about resolving the issue through the court if the claim is ignored;
• date and signature of the applicant.

It is worth noting that it is not necessary to draw up a multi-page document - the main thing is that your arguments and the developer’s violation of his obligations are clearly visible. In many cases, a well-drafted claim will be enough to resolve the case without going to trial.

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What to do if the developer does not respond or has refused you?

If time has passed and you still haven’t received an answer, file a statement of claim and go to court. In addition to existing claims, demands may be added to compensate for moral damages and legal costs, as well as rental costs (if you still haven’t seen the house delivered). Also, the size of the penalty will increase every day.

Clarifying relations with a developer in court is a long and labor-intensive process: it can take six months, and in some cases longer. Fortunately, many companies prefer to resolve the case at the claim stage, resolving all issues without court intervention. Make a competent claim so that the developer responds to it and fulfills your requirements. Better yet, choose reliable companies that will definitely not let you down. The Transfer real estate agency will help you with this: we cooperate only with trusted developers who approach their business responsibly. Contact us and you will avoid these possible difficulties!

How and to whom should a claim be served?

There are several ways to do this. You can personally come to the construction company with two printed copies of the claim, one of which you give to an employee of the organization. On the second copy, he puts a mark with the date he received the claim and his signature. It is worth noting that it is advisable to hand over the document not to the secretary, but directly to the manager.

You can also send the document by mail (with a mandatory return receipt and a list of attachments). There will be proof that the developer received your claim in this case as well. A similar option is to use a courier service to send a claim.

Unscrupulous developers do not like to personally meet with dissatisfied shareholders, so, as a rule, the best option is a letter with an attached inventory. For this reason, there is no option to send a claim via the Internet: in this case, it is not possible to check whether the developer has received it.

The period for reviewing claims is often specified in the contract. If it is not there, then according to the fifth article of the Civil Code of the Russian Federation, the answer must be given within two weeks maximum. Days must be counted from the date of receipt of the claim by the addressee (i.e. notification of receipt).

Additional act to the purchase and sale agreement - details of registration

There are rules, following which the act will be drawn up correctly and will be able to perform its intended function:

• When purchasing an apartment under the DDU, the transfer date must be included in the deed.
• If an authorized person acting on the basis of a power of attorney acts on behalf of the developer, his powers and power of attorney are checked.
• When registering a transaction in Rosreestr, attach the act to the package of documents.
• If the buyer has discovered defects and included them in the act for elimination, he can include the following phrase in the document: “The act comes into force after the seller eliminates the defects specified in it.”
• You should not sign the deed simultaneously with the purchase and sale agreement or include in it a clause stating that the parties agree to consider the agreement to simultaneously be an act of transferring ownership of the property to the buyer.
• To be on the safe side, the buyer can include a clause in the purchase/sale agreement that part of the cost of the apartment will be paid after signing the deed of its transfer to the new owner.