Act of acceptance of the transfer of the dwelling under the contract of sale (model)

A transfer document for an apartment is an important document and is issued as a binding annex to the contract.

It's necessary for purposes.Confirmation of the transfer of space security risksTherefore, the time of signing the contract of sale and the actual transfer of real property may not be the same.

Need for an act

This documentrecord the performance of the obligationOn the transfer of the dwelling from the former owner to the new owner who is entitled to it.

After the parties to the contract have signed the transfer document, the flat is served to the buyer, from which point on he receives all the rights to it, as well as the obligation to preserve, pay the public services and carry the risk of loss of real property.

The parties to the transaction may not avoid signing the act of transfer, which is a failure to comply with the terms of the contract.

The act is required as one of the documents submitted to the registration authorityfor registration in the right-to-housing registerA copy of the document will be placed in the case of the law-making documents, thus providing a duplicate in the event of the loss of the original by the seller or buyer.

• Disadvantages, defects in the dwelling may be listed in the act itself or in a separate annex thereto.
• This is particularly important when buying an apartment from a developer because he is responsible for both the timing and quality of the dwelling.
• If defects are detected, the buyer is entitled to demand:

• The payment by the developer of a double penalty;
• Free elimination of deficiencies;
• Reductions in the cost of the dwelling;
• You're gonna have to cancel the contract.

The absence of a claim for an apartment or other property transferred to the buyer is also reflected in this document, which is proof of the seller ' s performance.

Documentation of acceptance and transfer is necessary to protect the party from possible risk of material and moral damage.

The absence of such a document makes it much more difficult to prove in case of judicial settlement of the dispute.

You can download a sample of the certificate of acceptance here.

In what form is the document prepared?

1. The Act is an integral annex to the contract for the sale of an apartment.
2. It is established by law and is therefore prepared in writing in the same number of copies as the contract.
3. At the same time as signing the contract of sale and the act of transfer of housing, itMaybe.is prepared not as a separate document, but as a separate document.included in the text of the treatyIn the form of a buyer ' s acceptance point.
4. In this case, the contract must contain an indication that the contract is at the same time a document confirming the buyer ' s acceptance of the property.
5. If the premises are purchased from the developer, the actual transfer of the real estate may be combined with an act of reconciliation of the intercalculations, so that it must contain information on all payments made by the parties to the contract.
6. In any case, such a documentshall contain the exact parameters of the dwellingits final area after measurement, value.

It is recommended that the act be drawn upnot less than three copiesas one of them is handed over to the registration authority, a copy shall be given to the parties to the contract; if necessary, another copy shall be given to the developer.

What is the correct description of the state of the dwelling and the property transferred?

A description of the property may be included in or annexed to the text of the act.

A full description of the condition of the dwelling is necessary to protect the interests of the parties to the contract, to eliminate unnecessary expenses and, generally, to ensure that the property is not damaged.shall contain::

• Description of the deficiencies of the premises, including sanitation, kitchen equipment, electrical and thermal networks, water supply and sewage;
• A description of the items of furniture and interiors handed over, and household appliances, if so provided for in the contract;
• The readings of the electric, water, gas metering devices in the apartment.

According to the law, housing must be transferred in a suitable condition.Having an apartment, it's important to check it out.:

• Operation of all electrical appliances;
• Security of doors, windows;
• Integrity of electrical wiring, outlets, switches;
• The technical and external condition of other property.

An exhaustive description of the condition of the room allows a decision to be made:

Text requirements

The act, as an annex to the treaty, has no legal effect separate from it.

The legislation does not provide for specific requirements for a model for the drawing up of a transfer document for an apartment; however, the legal, commercial and judicial practice defines the basic information to be reflected in the text.

These include:

• Date of signature and place of compilation;
• The particulars of the contract for which the act has been drawn up;
• Information on the notary, in the case of notarization of the contract;
• Full details of the parties to the contract: Name, first name, patronymic of other passport data for citizens or name and PIN for organizations;
• Details of the apartment: area, number of rooms, floor of the house, cadastral number, other technical data;
• Data on the execution of the calculations;
• An indication of the existence or absence of claims by the parties;
• Signature of the parties to the contract, stamp with the participation of the organization.

In addition, the content may specify:

• The condition of the dwelling: the existence of major or cosmetic repairs, other improvements;
• A list of defects, if any, detected during the inspection;
• The readings of the water, heat, electricity meters;
• Existence or absence of debts on utility payments.

The act may include additional paragraphs specifying the characteristics of the transfer of a particular dwelling.

You can download a sample of the certificate of acceptance here.

Signature procedure

This procedure is most clearly regulated by law in the case of the purchase of an apartment from the developer; the date of signature of the act is determined by the contract.

• The developer is required to notify the buyer of the willingness to deliver the apartment by registered letter, and the buyer is required to proceed with acceptance within the specified time.
• If no deadline is specified, acceptance must be made by the buyer7 working daysSince the receipt of the message.
• If the buyer unduly evades the acceptance of a given dwelling, the developer is entitled to draw up a unilateral document on the transfer of the property.
• The signature of the act of transfer with the seller may take place either at the same time as the contract or later, depending on the conditions for payment to the seller.
• In the form of a notary contract, the act is signedIn the presence of a notaryand in plain writing,Application for registration of the transfer of the right.
• At the same time as the document is signed, the buyer is given keys to the apartment, technical documents and utility receipts.

Reflecting and remedying the deficiencies of the dwelling

During the inspection of the dwelling, the following should be carefully checked and indicated:

• Operation and condition of the record-keeping equipment;
• Integrity of supporting structures, brick pads, partitions;
• Surface irregularities, cracks;
• Safety of ventilation, window blocks, sanitary equipment and other appliances.

1. If it is not possible to verify any equipment or structures, it shall be stated:What was not accepted by the buyer and why.
2. The buyer may monitor the deficiencies of the premises independently or with the participation of a specialist.
3. It is recommended to record defects and defects in photography, which will provide further evidence of irregularities.
4. All deficiencies require correction, which must be stated in act cdefinition A reasonable time to eliminate them.
5. Unresolvable defects identified may constitute grounds for avoidance of the contract.

What do you need to know when signing the reception-transfer certificate?

• The video describes the purpose of the reception/transfer certificate and provides advice on how the purchaser will conduct a qualitative examination of the dwelling at the time of acceptance, and examine it for external and hidden defects.
• It explains how the shortcomings identified should be addressed and the reasonable time frame for doing so.

Certificate of reception/transfer of dwelling

Last update: 27.04.2017

Actual transfer of apartmentThe seller and the buyer ' s acceptance of the seller shall follow the signing of the parties.Act of acceptance/transfer of dwelling (transmittance act)This obligation of the parties to the treaty is governed by article 556 of the Criminal Code of the Russian Federation.

As a matter of fact,Transmittance Actis a continuation of the contract for the sale of an apartment, andActual performanceThe obligations of the parties under the treaty.Actis prepared in an arbitrary form, but with a mandatory reference to the main treaty, and a list of the necessary information and details (see below).

ComputeTransmittance ActBut if a lawyer or a notary worked out an apartment deal for us, it's more logical to do so.ActHe also wrote it with a treaty.

Certificates of acceptance and transfer of dwellingThey are present in both the primary and secondary housing markets; they are of the same nature, but they are somewhat different in content.

The terms of the agreement to sell the apartment on the secondary market, what's important to the buyer?

Certificate of reception/transfer of the apartment on the "primary"

Transmittance ActOn the basis of the above-mentioned information, the Panel recommends an award of compensation in the amount of US$ 1,000,000 for a "primary" flat, which is prepared by the Developer, and is an annex to the Treaty of Share-based Participation in Construction (DDU).ActIt is also part of a mandatory package of documents for the registration of ownership of the new structure.

Signed................................................................Certificate of reception/transfer of the apartment in the new buildingshows that the developer has fulfilled his obligations to the debtor, as well as the transfer to him of the duty to pay the utility charges for the dwelling (not yet owned by the debtor).

SpecialityTransmittance Acton the "bitch" in what's in it.ActThe debtor may record its claims for the quality of the dwelling to be transferred.Actor in the annex theretoView sheet.

In that case, despite the signedActthe developer is obliged to correct these defects or to compensate the developer for them materially.

What is the encumbrance of ownership of an apartment and how to find out about it?- see the link to the Glossary.

Certificate of reception/transfer of the apartment in the new buildingshall contain the following paragraphs (requisitions):

• Name, date and place(s) of the document;
• The FIO of the developer/coinvestor and the developer ' s details;
• Reference to the main contract with the Developer (t.Actis an integral part of it);
• Home address, floor and apartment number (BTI data);
• Brief description of the dwelling (number of rooms, total area by BTI measurements, balconies/logges, etc.);
• Absence or existence of a claim for the quality of the dwelling (in itself)Actor annexed theretoView sheet);
• Signature of the donor and the authorized person from the developer company.

BActOther items may also be included, most importantly to ensure that they do not conflict with the law.

Transmittance ActThe first copy is prepared in triplicate: one for the Developer, one for the Buyer/Associater, and one in the package is submitted to the DFS for registration of ownership of the apartment in the new house.

ModelCertificate of reception/transfer for the primary marketYou can download it here.

Secondary reception/transfer certificate

Transmittance ActIt's a little easier on the "secondary" and it doesn't contain any view sheet for a list of possible quality claims.in that statewhich was reflected in the Sales Contract.

Actare usually signed after visual inspection of the current state of the apartment (it is believed that it has not been burned, flooded, not killed in garbage, etc.) and after verification of the payment of all utility charges (including reconciliations of the electrical and water counters), it is also checked that there is no debt to pay for the fixed telephone in the apartment.

When an apartment is accepted, it suddenly shows serious problems.Technical weaknessesorCommunal debtsthe buyer has the right to require the seller to correct the defects and pay the debts.

Such a condition could be specified by a separate paragraph in itself.Act(if the seller agrees) or not to signActIn the latter case, the matter is decided by the court.

At the same time, the absence of a signedTransmittance Actwill play in court for the buyer because the seller, in this case, has failed to comply with the terms of the contract.

How to sell a mortgage apartment if it's in the bank's mortgage.- see reference.

From the time of signatureThe certificate of acceptance and transfer of the dwellingThe seller is considered to have fully complied with its obligations under the Sales Agreement and all liability for the apartment (including the payment of utility charges) is transferred to the buyer.

Actdoes not require notarization, but may be certified by the notary at the wish of the parties (usually not necessary).

In Moscow and C-Petersburg, the actual transfer of the apartment and, respectively, the signingAct of reception/transferis already taking place after the State registration of the transfer of the right to a transaction and the buyer ' s legal rights to an apartment.ActNo, you don't.

But in a number of regions, the local offices of the DFS requireTransmittance ActIn these regions, therefore, the apartment must be formally handed over to the buyer before he or she has the right to own it; this is a legal nonsense that is gradually being disposed of.

If the Act of Communication requires registration.........................................................................

The procedure for returning the NPFL when buying the apartment is two ways, a list of documents.

Secondary reception/transfer certificateThe following particulars shall be mandatory:

• Name, date and place(s) of the document;
• FIO and passport data of the seller and buyer;
• Reference to the Sales Contract under which the apartment is transferred;
• Address and short description of the dwelling (general and residential area, number of rooms);
• Signature of seller and buyer.

ActIt may also contain information on the current state of the dwelling, as well as a description of furniture and other equipment (if the apartment is sold with a set of furniture, e.g.).

AdvancedActmay also include information on the seller ' s actual receipt of rent money, which will also indicate the buyer ' s performance of the obligations under the contract (for the same purpose, the seller usually also takes a receipt of rent money).

ModelSecondary market reception/transfer certificateYou can download it here.

A transfer certificate for the apartment2 copies (for the seller and for the buyer) and if the transaction involves a bank (e.g. mortgage), 3 copies.

At the time of signing the Transfer Certificate, it is usually the case that a transfer is also made to the Buyer.Keys to the apartmentThe new owner should then submit the documents for the apartment to the management company or to the CRT and register with the new residence.

• Transmittance ActThe buyer may also need a tax deduction for the purchase of an apartment.

Exploiting a transaction by an experienced lawyer reduces the risks of EVERYBODY (especially for an apartment buyer).The services of specialized real estate lawyers can be found here.

1. Rules and sequences for the preparation of the sale of an apartment – on the interactive map of the SHORT INSTRUCTION(will be opened in the pop-up window).

Act of acceptance/transfer of the dwelling under the contract of sale

At the time of the sale of real property, a contract of a certain type is drawn up; in most cases, it is supplemented by a certificate of acceptance and transfer of the property in question.

The act is a guarantee of the performance of all obligations specified in the main contract, i.e. one party to the contract undertakes to transfer the property to the other party.

The host party, in turn, undertakes to accept the facility within the specified time and to pay the contractual amount.

There was no specific form for drafting the document, but it had to be done in writing.

The number of copies depends on the number of parties involved in the transaction, and another copy should be prepared for the authority that will carry out the State registration of real property.

• It's not necessary for a notary to verify these documents, it's up to the parties to the transaction.
• Registration procedure
• Many citizens already know that a contract of sale must be registered with the relevant public authorities.
• These bodies also record the moment when property rights are transferred from the former real estate owner to the new owner.

The right to own property is entirely transferred to the new owner upon signature of the act; once both parties have signed the act, the buyer is entitled to full ownership of the property; and with this right, it is incumbent upon him to use the property in question.

What data are entered into the act?

The act of receiving and transferring housing contains the following necessary information:

• Personal and passport data of both parties to the contract;
• Information on the subject matter of the transaction;
• Information from cadastral documentation and real estate cadastre number (if any);
• Location of the facility;
• Dimensions, results of the inspection of the condition of the room;
• The presence or absence of any defects.

The existence of an act when a transaction is concluded is not mandatory, all depends on the wishes of the parties; not always the buyer or seller may participate in the transaction on its own.

According to our legislation, participation in the transaction of trusted persons is envisaged, provided that natural persons have notarized documents of trust.

How is the power of attorney used?

The trustee may give a power of attorney to a particular person to carry out the transaction, but he may also withdraw the document at any time, so it is very important to verify the validity of the power of attorney before signing the contract.

A person ' s authority may be confirmed by telephone directly with the owner of the real estate or notary who has established the power of attorney.

The act may contain information on the financial component of the transaction, i.e. the amount of the transaction, when the value of the dwelling will be paid: before or after the transfer of the property.

Other persons may sometimes be present during the procedure for the transfer of the dwelling; where there are problems or contentious issues at the time of the transfer, the identity of the witnesses to the transaction should be indicated in the document.

1. Model actHere.
2. ASSESSMENT STAFF
3. apartments

Vologda, 20 December 2016

We, Filatova Irina Alexandrovna, resident of Vologodsk region, Vologda, Ul. Nekrasova, 26, square 17, passport series 51 37 No. 140260, issued "02 " October 2002.

, Ministry of Foreign Affairs of Russia, unit code: 837-387, later referred to as "Seller", and Sevastyanova Anna Dmitriyn, resident of Vologodsk region, Sokol district, Sokol, corner of Mira 52, passport 52 series No. 3854031, issued " 10 " July 2012".

the Ministry of Foreign Affairs of Russia, the code of division 837-834, subsequently referred to as the "buyer", jointly referred to as the Parties, in accordance with article 556 of the SC of the Russian Federation, has drawn up this act as follows:

1. The seller handed over, and the buyer accepted, an apartment located at Vologodsk, Vologda, Nekrasova, 26 Quarter 17 (hereinafter referred to as the Quarter) in accordance with a contract of sale entered into in simple writing "17" December 2016, registered at the Territorial Department of the Department of Roslogenism, Vologda "19" December 2016, registration No. 18307 of good quality, having the following characteristics: 3rd floor of the 5-storey house, 50 metres square,
2. The buyer inspected the apartment and has no claims for quality, and the parties confirm that, at the time of signing this Act, the apartment is in proper condition and has no defects or defects preventing it from being used for residential purposes.
3. The seller released the apartment, handed over to the buyer the keys to the apartment, as well as documents confirming that there was no payment for utilities and telephone charges.
4. The parties have no substantive claims against each other and confirm that a full settlement has been made under the sales contract.
5. From the time of signing this transfer certificate, the buyer bears the risk of accidental death or damage to the said dwelling.
6. This act is drawn up in two copies of equal legal force, one copy to the seller and one copy to the buyer.

Salesman: ___________________ / I.A. Filatov/

Buyer: ___________________ / A.D. Sevastyanova/

• Act formHere.
• ASSESSMENT STAFF
• apartments
• _____________________ _____________________________________
• (Availed paragraph) (date)
• ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
• ________________________________________________________________________________________________, serial number(s) of the passport, issued ",",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
• ]________________________________________________________________________________________________, subsequently referred to as "Seller", and _________________________________________________, (FIE) resident at:_________________________________________________________________________________________________,
• (e.g. address), issued ",",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
• In accordance with article 556 of the SC of the Russian Federation, the following act has been prepared by the Parties (who are) subsequently referred to as the "buyer", jointly referred to as the Parties:

1. The seller handed over, and the buyer accepted, an apartment located at:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________, a record of proper quality, having the following characteristics:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
2. The buyer inspected the apartment and has no claims for quality, and the parties confirm that, at the time of signing this Act, the apartment is in proper condition and has no defects or defects preventing it from being used for residential purposes.
3. The seller released the apartment, handed over to the buyer the keys to the apartment, as well as documents confirming that there was no payment for utilities and telephone charges.
4. The parties have no substantive claims against each other and confirm that a full settlement has been made under the sales contract.
5. From the time of signing this transfer certificate, the buyer bears the risk of accidental death or damage to the said dwelling.
6. This act is drawn up in two copies of equal legal force, one copy to the seller and one copy to the buyer.

1. Salesman:
2. ___________ /__________ /
3. (signature, signature decrypting)
4. Buyer:
5. ___________ /__________ /
6. (signature, signature decrypting)

The act of receiving and transferring a dwelling on sale

• Act formHere.
• Act on the reception and transfer of land with house
• to the contract for the sale of real property

In the case of a child with a child or a child, the child shall be treated as a child or as a child or as a child or as a child or as a child or as a child or as a child or as a child or as a child or as a child or as a child or as a child, or as a child, or as a child, or as a child or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child, or as a child.

We, the undersigned: a citizen (c)________________________________________________________________________________, resident (F.I.O. in full) at:________________________________________________________________________________, (full address) of the N series of passports, issued "_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

, the code(s) of the issuing authority of the unit, ___________________________________________________________________________________________________________________________________, the code(s) in force on behalf of the issuing authority, on the one hand, and the national(s) of the issuing authority, on the one hand,_________________________________________________________________________________________________________________________________________________, on the other hand, being the parties to the Treaty for the Sale of Land and its housing, hereinafter referred to as "real property", on the other hand, on the other hand, as the name of the issuing authority.

1. The seller handed over, and the buyer accepted, real property located at:________________________________________________________________________________________________________________________________________________________________________________. (city, region, settlement, area, village) The land area with cadastral number _________________________________ has a total area of...............................................................................................................
2. The buyer accepted the immovable property in the form in which it was at the time of the signing of the Sales Contract N ___ of "___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
3. Real property is in accordance with the terms of the Sales Agreement and no claims are made by the Buyer for the transferred real property.
4. The land plot plan and the BTI technical passport for the dwelling were handed over by the seller to the buyer.
5. The buyer handed over to the seller cash in the amount of _________________________________, (figures and inscriptions), representing 50 per cent of the contract price of the real property, and the seller gave the buyer a notarized receipt of receipt of the amount in payment for the real property.
6. This transfer certificate is drawn up in four copies, one for the Buyer, the other for the Vendor, the third for the Notary and the fourth for the public registry of real estate rights and transactions.

Annex:

• Land plot plan;
• BTI's technical passport.

1. Salesman:
2. ___________ /__________ /
3. (signature, signature decrypting)
4. Buyer:
5. ___________ /__________ /
6. (signature, signature decrypting)

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Transfer certificate to the contract for the sale of an apartment: sample 2023

The purchase and sale of real property is a procedure that leads to the replacement of one owner by another. The transaction involves several main stages, among which the transfer of the home from the seller to the buyer is particularly important. It is not difficult to draw up a transfer document to a contract for the sale of an apartment if the basic rules established by law are to be adhered to.

What is a transfer document to a sales contract and when it is signed

A person's right to own his or her apartment varies, and lawyers say it consists of three powers:

• The right to own;
• The right to use;
• The power to dispose.

To own means to actually have, to use, to use a place of destination (residence, rent, etc.) means to be able to determine a legal destiny – to sell, to give, to deposit, to bequeath, and so forth.

The first two powers (own and use) arise for the buyer at the time of actual transfer of the dwelling; the possibility of an order arises at the time of State registration of the ownership right in the EGRN.

It is to confirm the actual transfer of the property (and thus the first two rights of the owner) that a transfer certificate is required.

Its significance is great:

• contains information on the state of the dwelling on the day of transfer – technical, living readiness, type of trim, remodeling;
• It contains information on all movable property transferred with the dwelling (e.g. furniture);
• From the day the document is signed, the buyer becomes the owner; it now carries the risk of destruction or deterioration of property;
• Pays off the seller ' s obligation to transfer the dwelling;
• Central judicial evidence in real estate disputes, along with the OST.

The risk of deterioration or destruction means that in the event of flooding, for example, all losses will be incurred by the buyer and not by the seller, and the buyer will have to find out about the relationship with the neighbours as well.

There is no need to confuse transmission with public registration in the EGRN; these are different procedures aimed at creating a full range of rights for the buyer.

The transfer document is necessary for any real estate transaction, not just apartments, so the question is, when buying a different dwelling (e.g. a house) is whether an act is needed, or whether a transfer document is to be produced - the answer is yes.

The existence of a transfer document that contains information on the transfer of real property is mandatory, but this document may be not only the transfer document but also the contract itself, depending on how it is prescribed in the contract.

Option 1.The contract expressly states that the transfer of real property is subject to an act of acceptance or transfer, such as:

"In accordance with article 556 of the Russian Civil Code, a transfer certificate shall be drawn up and signed by the parties upon the transfer of the above-mentioned property."

If the text of the contract contains such a condition (even without reference to the article), a separate document is binding; without it, the transaction will not be deemed to have taken place.

Option 2.The contract states that the transfer functions are performed by the contract itself, for example:

"This contract of sale is at the same time a transfer document within the meaning of article 556 of the Russian Civil Code. By signing the contract, the seller transfers and the buyer accepts the real property."

Such a condition exempts the parties from drawing up a separate transfer document; the transfer in such a transaction is confirmed by the contract itself; this is entirely legal, but it does not serve the buyer ' s interests, since the contract rarely describes the condition of the dwelling in detail.

Option 3.If the contract does not contain any order of transfer, an act must be drawn up; without a transfer document, such a transaction is not considered to have been completed.

Thus, when purchasing the premises under the sales contract, the transfer transaction would be better documented in a separate document.

Samples

The mandatory form of the transfer document when selling the dwelling is not provided for by law; it is possible to draw up an option from scratch or to use the forms presented below:

If one of the above-mentioned acts is not suitable, one can take a standard certificate of acceptance for the sale of the dwelling, a sample, and add any condition to it.

What must contain the transmission document

The act of surrender must contain the following information:

• A name that shows that real estate is being transferred (e.g. "Receive-transfer" act);
• Information on the date and place of compilation;
• Party information: FIO, passport, address;
• A reference to the OST to which the act was issued;
• Information on the current state of housing: address, technical condition, readiness, state of finish, deficiencies, if any;
• An indication of the buyer ' s absence of claims for housing;
• Settlement of the transaction (already completed or extended / deferred);
• No seller ' s claim for payment if calculated;
• An indication that no one is registered in the apartment and that there is no debt for utility payments.

Any other information relating to the contract or the transfer of the dwelling may be added to the act: the act is prepared in triplicate, two of which remain with the parties and the third is transmitted to Rosreister for registration of the buyer ' s ownership.

It's important..If the buyer buys a new flat in the drafts and plans to include repair costs in the tax deduction, the certificate must state that the percentage is ready and that there is no trim for permanent residence.

It is better to take one of the forms of the real estate certificate presented above in order to avoid confusion.

How to Accept Real Estates

It is necessary to look consecutively to see all the features of the dwelling at the time it is handed over. It is better to follow the following steps for a full inspection:

1. Checking the outer state of the rooms, floors, ceilings, and walls - evaluate the trim from the position of habitability.
2. Check all utilities for performance: electricity (state of wiring), water supply, drainage, heat, gas.
3. Separately check the toilet and kitchen for mold and fungus.
4. Check the walls, the windows for cracks.
5. Windows and doors must also be checked to ensure that they are easily opened and closed.
6. Check the layout of the apartment with the BTI technical plan.
7. To take the interviewers' statements at the time of handing over the apartment, to indicate them in the act.

General advice to be taken into account when accepting:

1. During the inspection, care must be taken not to have any foreign smells or sounds.
2. It's better to take a look at the light of day to estimate the amount of natural light.
3. It is important to check which side of the light the windows are facing.
4. If the inspection is carried out at the cold time of the year, it shall be checked whether there is a window slit.
5. After an internal examination, it is also better to assess the location of the accommodation in the stairwell, especially in relation to the storm, and if the storm pipe is close, it is likely that it will be flooded in times of heavy rain.

You don't have to do what you don't have to do:

• Use general language in the act, e.g. "The real property is accepted as it is";
• Exaggerate or understate the counter readings;
• Sign the act ex post facto;
• Signed documents without an actual inspection of the apartment – it would be problematic to bring claims to the seller later.

In view of the above recommendations, the acceptance should be carried out effectively.

What if the seller delays or avoids signing the receiving act

In accordance with the law, avoiding the transfer of an apartment is the seller ' s refusal to perform the contract; it is not possible to register the transfer of the right in this case; in such a situation, the buyer should:

1. To file a claim with the seller for the transfer of the apartment and to sign the certificate within a specified period of time.
2. If, within a month of the date of the submission of the claim, the seller does not respond or reject the claim, the court must take action.

In court, the buyer has the right to make one of two claims:

1. Require the seller to sign the transfer certificate and give the apartment to the buyer.
2. Unbundling the contract and returning the money paid (if paid) as unfounded enrichment.

In addition to the rights stated, the buyer is also entitled to compensation for damages caused by the seller's evasion of an apartment.

Conclusion

The transfer certificate plays a major role in the processing of the sale transaction, and it is important not only to conduct a thorough examination of the dwelling but also to record the results of the examination in the document; the non-signature of the certificate has significant legal consequences before the cancellation of the transaction.

You can learn more about how to sell your own apartment.

It is also recalled that you can make an appointment for a free consultation with a lawyer, who will help in the processing of all documents for the transaction and check the apartment for legal clarity.

We're waiting for your questions, and we're gonna be grateful for the buzz and the social media repost.

The act of accepting and transferring the dwelling under the sales contract in 2023 is a sample, an example, completed, downloaded.

• The purchase of an apartment is an important and costly transaction, accompanied by a mass of documents, including a contract of sale and an act of acceptance.
• The second document is a supplement to the first document and logically completes the transition to the property of another person.
• In drawing up the act of acceptance and transfer, it is necessary to record the parties to the transaction, the subject matter of the transaction and to supplement the information with some of the documents required for the complete transfer of ownership to the buyer of the dwelling, especially if it is a secondary.

What is the need for drafting

1. This document is also needed to minimize risks and problems in the registration of real property ownership.
2. By assuring the document, the parties will avoid possible negatives, so the drafting and signing of the certificate of acceptance and transfer of the dwelling is an important step in the transaction between the seller and the buyer.
3. Transactions, including those involving immovable property, primarily involve the transfer of property from seller to buyer.
4. At the same time, an act of acceptance and transfer of the dwelling is being drawn up under the sales contract, but it is only necessary in cases where the property is of high value, including housing.
5. The law does not allow for the transfer of property solely on the basis of the sale of a contract, as it only guarantees a business relationship between people.
6. The Civil Code of the Russian Federation contains basic requirements for the transfer of immovable property in the course of a sales transaction.
7. This is stipulated in article 556 and stipulates that real estate shall be entirely transferred to the buyer only after the establishment and adoption of the act of acceptance and transfer of the dwelling.
8. It indicates the size of the dwelling, the parties to the transaction, the address of the real estate and other nuances of the transaction, including the absence of encumbrances and the manner in which the risks are transferred to the buyer.
9. In parallel with the creation of the document, the dwelling is transferred only after the delivery of the property, most often the transmission of keys and originals of all the documents required for the management of the dwelling.
10. These two conditions must be met if the housing is to become entirely the property of another person.
11. If the paper has been chosen not to be compiled, this leads to discrepancies with the legislation that prescribes the obligation to draw up an act of reception and transfer.
12. Sometimes the registration institution transfers the buyer ' s ownership, but the seller must take care of the documentation to get rid of some of the claims.

What does the completed sample look like?

When drawing up the reception/transfer certificate, the dwelling should be prepared as correctly as possible without making any mistakes.

The document contains the personal details of the parties to the transaction, the addresses of their registration and the characteristics of the dwelling; the transfer document to the contract for the sale of the dwelling can be downloaded here.

The filling-in begins with the name of the document, it may be the certificate of acceptance or transfer, the name of the document does not change the substance of the document, followed by the city in which the transaction is made and the date of the document.

• The following are the personal details of the parties to the transaction, which is the FIO, the date and place of birth, the sex of each party making up the paper.
• Passport information should also be included in the act, only general information should be provided, including the series and document number, the authority that issued the document and the date of the procedure.
• For each party, it is necessary to specify their status in the transaction, so that it can be understood who is the buyer and who is the seller.
• Since the transfer document is an annex to the sales contract, its data should also be disclosed as the date of conclusion.
• The conditions of the certificate are set out below, and it should be noted which apartment the seller transfers to the buyer and whether it is furnished with furniture.
• The address, the general area and the living area are important to enable the identification of a particular dwelling, as well as the number of rooms in it.
• The buyer's payment of the full cost of the dwelling specified in the contract is another nuance needed to indicate in the agreement how the dwelling is fit for life, as well as the proper working condition of the real estate.
• The buyer ' s absence of claims is written in a separate box, as is the absence of rent and utility debts.
• The seller ' s obligation to pay all debts before approving the receipt-transfer certificate could be stipulated, so that they did not transfer to the buyer or cause problems with registration.
• The end indicates how many copies of the document are drawn up, the equal legal effect of the document, and the FIO of the parties, with a signature to each of them.

What documents are handed over to the buyer

1. The whole sale of immovable property is literally completed by the issuance of the reception/transfer certificate.
2. The main contract should provide for the moment of the transfer of the dwelling from the seller to the buyer, most often in the form of the transfer document.
3. The risks associated with fires, flooding and other events that may cause damage to housing only pass to the new owner once the transfer document has been signed.
4. If there are previous tenants in the apartment, this can be expressed both in the existence of a propiska and in the actual presence of people on the premises, it is only after their eviction that the act must be signed.
5. This should be done on paper and in real terms, as these tenants may become a problem in the management of property.
6. The transfer certificate also indicates the real condition of the dwelling that is handed over to the buyer, and it is necessary not to improve or deteriorate the description of the dwelling, since in some situations this may be done against the buyer or seller.
7. The documents that are handed over to the buyer, apart from the certificate of acceptance and the contract of sale, are rather small but allow for full ownership of the dwelling.
8. These include:

EGRN ' s statement	Which assures the owner and his identity, it's necessary to change the owner of the dwelling.
Vendor ' s receipt	That he received money for the apartment, this document is prepared when the money is transferred and protects the buyer from possible claims
Certificates of non-debt by apartment	In terms of utilities and rents, if they do not exist, there may well be debts on housing, and the new owner will have to pay them.
Documentation for the apartment	This is primarily a technical passport of the dwelling and its plan, which describes all characteristics, changes or absences, which are mandatory for every dwelling because it identifies it and makes it possible for the supervisory authorities to prove the legality of the change of the plan if it exists.

• Such documents should preferably be indicated in the transfer document to confirm also that they have been received by the buyer.
• The seller often lives in the apartment before being handed over to the buyer, and it is necessary to specify separately in the contract for the sale of housing or additional paper at which time it undertakes to move.
• When the owner changes, all tenants are not automatically discharged and care must therefore be taken to release and evict all persons within a specified time frame.
• If the seller does not agree either to hand over the above-mentioned documents or to sign the certificate of acceptance, this may constitute a waiver of the transaction.

If a party avoids its obligations, for example, the owner does not want to release the dwelling, the matter can be resolved in court.

In order to do so, however, it would be desirable to specify in advance the specific conditions of eviction in the treaty, which would greatly facilitate the further resolution of contentious issues.

Video: on the subject

Signature procedure

1. Before signing the document, the parties must prepare the correct act of receiving and transferring the apartment in order to avoid disputes and misunderstandings.
2. It is drafted in writing, but no other requirements for the format of the document are laid down by law.
3. The following information should be included in the act:

• The parties to the transaction;
• On the subject matter of the contract, i.e. a particular apartment;
• that the property and related items are transferred to the buyer ' s property;
• The number of copies of the act.

• For the treaty to enter into force, it is necessary to specify the date of signature of the treaty and to sign the parties at its end.
• At the legal level, a notary must not certify the transfer or register it with public institutions.
• It is desirable to do so with the sales contract to which the act is attached and, if the data coincide with both documents, they will be valid, in addition, the papers must coincide with the information provided therein.
• If the dwelling is sold as a mortgage, a representative of the bank must be present at the transaction as well as at the signing of the documents, since it is the institution that agrees to the sale of the dwelling and the transfer of the debt to the new owner.
• The sale of an apartment involves both a contract of the same name and an act of acceptance and transfer, and without these documents real estate cannot be transferred to the buyer ' s property.
• The transfer certificate shall indicate the condition of the dwelling, its characteristics and actual address, as well as the additional circumstances that are important for the transaction.
• When applying to the registration authorities, the right of ownership would have to be transferred to the buyer, in addition to the registration of the dwelling, the non-debt certificates and other documents.

Attention!

• Because of frequent changes in legislation, information sometimes becomes obsolete faster than we can keep it up to date on the website.
• All cases are very individual and depend on many factors, and basic information does not guarantee that your problems will be solved.

That's why you have 24/7 expert consultants working for you!

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