Putting a house into operation: input procedure, documents, simplified diagram

Current Russian legislation states that each residential property can be used only after its official commissioning and receipt of the appropriate document indicating the readiness of the house for occupancy. As part of the inspection, specialists assess the facility for compliance with construction and sanitary standards. It is worth noting that any real estate transactions require documentation; accordingly, a full package of documents for a residential property of private housing construction can be provided by the owner only if there is a document recognizing a private house as a legal building. In particular, without a permit document, the owner will not be able to obtain a cadastral and technical passport for a residential property. The fundamental documents in the general list defined by the Town Planning Code of the Russian Federation are the permit for the construction of an individual housing construction project and the act of putting the house into operation. However, from August 2021, construction of individual housing construction projects does not require obtaining a building permit.

Important! Even if a private house was built several decades ago, but the owner did not draw up documents for the object, in order to obtain title documentation (for example, for sale), you will need a permit to put a private house into operation, confirming compliance with all the norms and requirements of the design and construction declaration.

The procedure for conducting an expert assessment and issuing a certificate of commissioning of a house

Assessing the readiness for occupancy of an individual housing construction project is carried out in two stages:

Issuance to the owner of a residential real estate property of a “Conclusion on the compliance of the constructed building with the requirements of project documentation and technical regulations” (ZOS)” based on documents drawn up as a result of inspections by construction supervision during the construction of the facility and the final inspection of the completion of construction work.
Issuing permission to the owner to put the house into operation.

Local government bodies act as an expert commission; the commission includes specialists responsible for the full functioning and safety of a residential property (Article 55 of the Urban Planning Code of the Russian Federation): employees of Sanitary and Epidemiological Supervision, fire and plumbing services, employees of the water utility and gas service, and others.

Important! The presence of a document confirming ownership of the land plot on which the individual housing construction project is located is a prerequisite for issuing permission to put the house into operation.

The basic procedure for putting an individual residential building into operation includes the following steps:

Collection of the necessary package of documents (legal confirmation, permitting, intermediate verification acts).
Submitting an application for a call from the selection committee to the administration at the location of the construction site.
Obtaining a conclusion on the compliance of a residential property with the requirements of the Town Planning Code of the Russian Federation.
Applying to the administration for permission to register ownership of the object.
Receive the act of putting the house into operation.

Important! The act of putting the house into operation is handed over to the owner of the property only after it has been signed by all members of the selection committee.

If any non-compliance with standards is identified, the inspectors draw up a separate report setting a deadline for eliminating the deficiencies. After this, you need to call the admissions committee again.

The procedure for writing the act

To draw up the act, a special commission is involved, which includes representatives of the construction company, the customer, and supervisory authorities. Members of the commission conduct a comprehensive inspection of the facility, and also confirm the quality and timing of the work in accordance with construction rules and regulations.

Urban planning plans, permitting acts, development projects and other papers relate to permitting documentation and must be taken into account when carrying out construction work on the site, therefore the commission pays special attention to them.

After the commission is satisfied that all standards have been met, it reflects its findings in the act of commissioning the facility. The date of entry is the date of approval of this document.

If the commission does not give a positive conclusion on the commissioning of the structure, it cannot be used until all identified violations and comments are eliminated.

What is the act of putting a house into operation?

This document represents the conclusion of the selection committee on the compliance of the constructed facility with the requirements of state standards and its recognition as suitable for habitation. The act of putting the house into operation contains the following information:

location of the constructed residential property;
composition of the selection committee;
date of inspection performed;
characteristics of the object (residential);
list of structural parts of the facility (building structure, engineering and communication networks, electrical and fire safety, etc.);
signatures of members of the selection committee, with which they confirm the compliance of the residential property with the requirements of state standards.

To put a private house into operation, the following documents must be provided to the authorities that issued the building permit:

Title documents for the land plot on which the private house is located.
Urban planning plan of the site.
Permission for the construction of the facility and the acceptance certificate of the completed work.
A document confirming compliance with technical conditions is issued signed by representatives of organizations that operate utility networks.
An act confirming the compliance of the parameters of the constructed house with the design documentation.
A document containing a diagram of the location of utility networks at the site within the land plot is issued signed by the responsible person.
Technical plan of the house.

According to clause 4.1 of Art. 55 of the Town Planning Code of the Russian Federation, other documents are not included in the list of necessary documentation for putting a house into operation. The period determined by law for checking documents and inspecting the object by the admissions committee is 7 working days. Based on the results of the inspection, the authorities issue permission to put the house into operation or provide a reasoned refusal. The grounds for refusal may be (clause 6, clause 7 of Article 55 of the Town Planning Code of the Russian Federation):

in case of lack of necessary documents;
if the constructed facility does not comply with building standards, design documentation, or a construction permit;
if the constructed individual housing construction house does not comply with the urban planning plan;
in case of refusal of the developer to transfer one copy of the land plot diagram, which indicates the location of the object, to the relevant authorities.

How to find out who the developer of the house is

Sometimes a number of construction companies or contractors operate under the developer’s marketing banner . This form is common among large players in the construction market who are building several projects at once. This is absolutely normal.

It’s worse if in the past there were long-term construction projects and misappropriation of shareholders’ funds, criminal cases with amnesties for them. Such developers can be “reborn” under the guise of affiliated legal entities.

You can find out exactly who performed the work in the project documentation at the construction address of the project. These papers are freely available on the company's official website. Its employees are required to provide such information upon the buyer’s first request.

Information about the developer at the address can also be obtained through a search in Internet services . Significant information about the date of registration of the developer, the general director, related companies, and the results of financial activities can be easily obtained in the register of legal entities using the TIN/OGRN.

Putting a private house into operation: according to a simplified scheme

Since March 1, 2015, a law has been in force in the Russian Federation, according to which the commissioning of an individual residential building and registration in Rosreestr can be carried out in a simplified manner, that is, without providing a permit for the construction of a private house and a commissioning certificate. We are talking about real estate objects that were built before the Land Code of the Russian Federation came into force, that is, before 2001. To do this, it is enough to provide the following documents:

owner's passport;
technical passport of the object, issued by the BTI and confirming the current condition of the residential building;
a document that confirms ownership of the land plot on which the individual housing construction project is located.

Further actions

Within three days after receiving permits, the state commission sends all information on the new facility to the federal construction supervision authorities.

The apartment building is registered with the state and receives cadastral and technical passports as a capital construction project. An agreement is concluded with the management company for the provision of services for the repair and maintenance of apartment buildings.

Reference. According to the law, it is possible for shared owners to begin registering apartments only after successful completion and registration of the house in the cadastral register.

The developer notifies the shareholders in writing about the acceptance of the house and draws up a schedule for issuing keys:

the owner must inspect the premises and ensure the quality of the work, check the compliance of the result with the project;
if there are deficiencies, the developer is obliged to eliminate them;
the parties sign the apartment acceptance certificate;
the legal owner remains to register the property rights in Rosreestr.

Only after completion of all formalities with the transfer of apartments, the owner has the right to begin arrangement of housing . According to Federal Law No. 214-FZ, a new property is subject to warranty service for five years from the date of commissioning.

What is important to consider

Requirements for the duration of each stage:

the company indicates the time of completion of the building accurate to the quarter of a particular year;
The law allows another 3-6 months for the transfer of keys (the share participation agreement usually does not indicate specific dates, but the duration in months).

If the terms fixed by the contract are violated, the developer responds in rubles . For each day of delay, a penalty is charged. Its size is calculated by multiplying the cost of housing according to the DDU by 1/150 of the Central Bank refinancing rate.

As part of the agreement, the developer has the right to adjust the deadlines for opening the house and handing over the keys without additional notification to the shareholders.

Case Study:

The DDU states that the facility is scheduled to be commissioned in the fourth quarter of 2019. It is perfectly legal for the home transfer date to fall in October, November or December.
According to the agreement, the transfer of apartments is carried out within three months after the new building is put into operation. This period must be counted from the actual date of receipt of permission to enter.
Let the landmark date for signing the act by the state commission be November 15th. Then all shareholders will become owners of apartments from November 15, 2019 to February 15, 2020. After accepting the apartment, the owners begin the individual stage of registration of residential real estate.

Putting a private house into operation: preparing the property for inspection by the commission

Before the commission is called to inspect the constructed individual housing construction project, the following work must be completed in full:

construction and installation;
engineering and communications with the conclusion of contracts for further maintenance;
landscaping of the local area;
The necessary measurements were carried out by BTI specialists.

It is noteworthy that when inspecting the property by the selection committee, the interior decoration of the house may not be completely completed, but basic communications must be carried out without fail. Before submitting an application and calling a commission to monitor the quality of the construction work carried out and the compliance of the constructed individual housing construction project with state standards, it is important that the house meets the following requests:

Requirements for residential premises in general:

an individual housing construction project must have windows and doors;
At least a rough finish must be done inside, which is necessary for measuring the area of the rooms by BTI specialists;
the height of the ceilings in the basement should be no more than 2.1 meters, otherwise the commission may recognize this room as the first floor of the house, which must also have interior decoration;

Important! The commissioning of a residential individual building can be carried out floor by floor, however, when approving each floor separately, it will be necessary to carry out all the steps in full step by step (i.e. calling a commission, checking the object, waiting for permission, etc.).

Requirements for fences, floors and ceilings:

residential premises must have a floor, regardless of whether it is wooden or concrete;
It is desirable that the flooring in the kitchen and bathroom be done according to the design;
ceilings must have at least a clean finish;
all flights of stairs and protective fences (for example, on the balcony) provided for by the project must be in place.

Heating and power requirements:

the presence of a heating system in a residential building is a mandatory requirement, failure to comply with which may become grounds for declaring the property unsuitable for habitation;
heating pipes must run inside the house, connected to the boiler for heating;
the same applies to power supply networks: electrical wiring must be routed throughout the house, sockets and switches must be installed and connected in accordance with the project.

Responsibilities of the owner of an individual housing construction project after putting the house into operation

After the owner of the individual housing construction property receives the act of putting the house into operation, he has the right to submit documents for registration of ownership. Then, after making the appropriate entry in the Unified State Register, the owner of the property will be its full owner. Along with the rights to real estate, the owner also acquires responsibilities: payment for housing and communal services and annual property taxes. Accordingly, immediately after putting an individual residential building into operation, all public utilities must be informed about this in a timely manner.

When to transfer an object to fixed assets

An object is accepted for accounting as fixed assets after it has been brought into a state suitable for use, that is, all costs associated with the acquisition (construction, creation) and bringing it into a state of readiness for operation have been incurred. Regardless of its commissioning.

The transfer of property to fixed assets does not depend on the desire of the company. It can be recognized as a fixed asset when it is ready for use and is in the place and condition in which the company intends to use it.

Thus, an object must be recognized as part of the OS when it is ready for operation, regardless of whether its actual use has begun or not.