12.06.2021

When the house is put into operation. Commissioning of a new building


When your home is built and the risk of unfinished construction is behind you, it's too early to prepare to move to new apartment or prepare to repair it. Be patient for a few months, if not longer. A new building must go through a process that is known to most of the adult generation as "State Commission". We will tell you who and how is now taking new house into operation after completion of its construction. What happens on the former construction site after the building is built?

THE STATE COMMISSION IS NO LONGER

The term "State Commission" ten years ago meant the process of commissioning a new house. Completed building object checked by various specialists from architectural, construction, sanitary, fire and other government agencies. The essence of the checks is the compliance of the erected building with building codes and the original project documentation. The developer, in order for his house to be put into operation, needed to receive a positive opinion from each commission. Therefore, this process could take years.

With the entry into force of the new Urban Planning Code, the situation has become somewhat simpler. Now, to accept a new building for operation, only two documents are required, moreover, in this order:

  1. "Conclusion on the compliance of the constructed facility with the requirements of design documentation and technical regulations" (abbreviated - AIA).
  2. "Permission to put the facility into operation."

WHO CARRIES OUT THE VERIFICATION AND HOW

For receiving new buildings and issuing permits created special bodies. In the capital, this is the "Construction Supervision Committee", in the Moscow Region - the "Main Department of Construction Supervision". These bodies exercise control over the construction of houses from the very beginning. For this purpose, relevant specialists are involved. By the time the construction is completed, a lot of inspection reports are accumulated, where the comments made and information about their elimination are noted. The final document - "Permit for commissioning", is issued on the basis of these acts.

WHEN CAN YOU GO?

So, you can put the house into operation with the signing of the final document. It is not only the basis for putting the house on the cadastral register, but also gives the tenants the right to move and move into new apartments. They only have to sign the act of acceptance of the transfer of housing and can be settled. And this is despite the fact that present moment such important document as a property right is not yet registered. It allows the owner of real estate to dispose of it, i.e. sell, donate or bequeath to someone.

CAN THE BUYER PARTICIPATE IN CONTROL OVER THE PROGRESS OF CONSTRUCTION

No, he can not. Under the control of buyers, only the acceptance of apartments after the issuance of the ZZOZ and permission to put the house into operation. That is, it is believed that construction defects that are found by property owners in their apartments do not affect the design of the house and its reliability in general. At the same time, the law does not prohibit future owners of real estate from controlling the progress of building a house. True, for this they need to unite in public organization and actively defend their rights. In practice, this has never happened. Real estate buyers unite with us only when there is a threat to become defrauded real estate investors.

Acceptance of an apartment is a process in which you make sure that the developer has fulfilled its obligations with high quality.
It is known that often apartments in new buildings are rented out with various defects. Therefore, it is necessary to approach the process of accepting apartments very responsibly.

According to federal law No. 214 of December 30, 2004, the developer is obliged to eliminate all the shortcomings identified during the acceptance of the apartment, or to issue compensation.

When is the best time to rent an apartment in a new building?

It is better to carry out acceptance and inspection during daylight hours. In daylight, flaws are better visible.
Most best time the year for accepting an apartment is autumn or winter. At this time, you can check the operation of the heating, see whether the walls freeze through or not, whether there is a blowing around the windows.
If the acceptance of the apartment is carried out when the heating is turned off, then in the acceptance certificate (or inspection sheet) it will be necessary to write - "there is no technical possibility to check the heating systems." If defects appear during the heating season, the developer will be obliged to eliminate them.

How is the acceptance of an apartment in a new building?

A few months after putting the house into operation, the developer sends you an official notice (by registered mail, by phone, e-mail) that you can come and take over the apartment. It is very important to make sure that the house is really handed over. To do this, ask the developer for a copy of the permission to put the object into operation. If the house is not put into operation, then repairs in the apartment will be impossible, as there may be no electricity, water supply, etc.

Acceptance must begin with adjoining territory, inspection of the facade of the house, common areas, and only then proceed to the inspection of the apartment. During acceptance, you will be accompanied by a representative of the builder.
Referring to the checklist, write down all the shortcomings you see on the inspection sheet or write them down on a separate piece of paper.

Preparation for the acceptance of the apartment. What documents need to be studied

What to take with you to the acceptance of the apartment

What to take?

It is important to understand that when accepting an apartment, you accept not only your apartment, but also the house itself, the adjacent territory and common areas in your house. There should be no cracks on the facade. The entrances must be tiled and the elevators must work.

Adjoining territory

Acceptance of the apartment begins with the acceptance of the adjoining territory of the house in which the apartment is located. You have to walk around the house and see everything.

What are we checking?

If the local area is not yet ready, reflect this in the act.

Facade

The facade of the building itself is included in the act of acceptance. Pay attention to how it's made.

What are we checking?

Entrance, flights of stairs, apartment hall, elevator hall, underground parking

When accepting the entrance and common areas, you also check the project documentation received from the developer.

What are we checking?

Inspection of the apartment. What to look for when accepting an apartment in a new building

Area reconciliation

Walls

Ceiling

Floor

Entrance door

Window

Electrician

Low current networks

Fire alarm

Water supply and sewerage

Heating

Ventilation

There are defects. Now what?

Important!

Do not sign the acceptance certificate before inspecting the apartment. Never sign an empty act of acceptance of the apartment. The signed act means that you have no claims against the developer and assume responsibility for the apartment.

After you have discovered and recorded in the inspection sheet all the shortcomings found in the apartment, you have two options for further action:

1) Refuse to sign the act of acceptance and transfer of the apartment and indicate in it the reason for the refusal (Law FZ-214)

It is necessary to indicate a reasoned reason for refusing to sign the act of acceptance of the transfer of the apartment. Otherwise, the developer may accuse you of delaying the delivery process and after two months in unilaterally give you an apartment. You also need to fix all the deficiencies found in the inspection sheet or make a claim yourself. On all documents, the developer must indicate the date and put his signature (on the acceptance certificate, on the inspection sheet or claim). Also, you must have copies of these documents with the date and signature of the developer, because. as the developer has the right, after two months, to unilaterally transfer the apartment to you without eliminating the shortcomings found in the apartment.

Not necessarily found defects must be corrected by the developer. You can ask for monetary compensation to eliminate these defects or a commensurate reduction in the value of the apartment. Sometimes monetary compensation is more profitable than the elimination of defects found by the developer.

At the first inspection of the apartment, you do not sign the act of acceptance of the transfer of the apartment and stipulate within what period these shortcomings will be corrected (the deadlines for correcting the shortcomings must be prescribed and the developer must put his signature). All defects must be corrected by the developer within 30 days. After this time or earlier, the developer invites you to re-accept the apartment. If the shortcomings have been eliminated, then feel free to sign the act. If minor flaws remain, then you can sign the act, but be sure to attach to the act a list of shortcomings that the developer must still eliminate (you must have copies of these documents with the developer's signature). Also, set the period again during which the developer will eliminate these shortcomings.

Finding flaws you have the opportunity to reduce the cost equity participation(that is, reduce the cost of the apartment) and also sue the developer for monetary compensation. It is important to understand that this can only be done in judicial order. The trial can last six months or even a year. Unfortunately, while the trial lasts, it is impossible to start repairs in the apartment.

Without a signed act of acceptance and transfer of an apartment, you will not be able to start registration of the right to property, and this is a rather long process.

2) Sign the act of acceptance and transfer of the apartment, indicating in it and in the inspection sheet or in the claim all the identified shortcomings

You also need to indicate how long the developer will correct these shortcomings or pay you monetary compensation to eliminate these defects. The signed act with a list of deficiencies does not relieve the developer of obligations to eliminate these deficiencies.
All documents must also be signed by the developer with the obligatory indication of the date. Copies of these documents with signatures and dates from the developer should be with you.
According to paragraph 2 of Article 7 and Law 214-FZ.

Sometimes defects in the apartment become noticeable only after some time after you have accepted the apartment. If the apartment was bought under a shared participation agreement, then according to Law 214 - FZ, warranty periods are established for the shared construction object. A warranty period is given for your apartment - 5 years, for engineering equipment - 3 years. During this period, you can make claims to the developer and demand to eliminate the deficiencies found at his expense.

Design project development "Remodeling" with the plans necessary for the construction of interior partitions (with binding of furniture and plumbing equipment), for 550 rub/m2
Development of a basic design project, with the plans and statements necessary for repairing an apartment in a new building, for 900 rubles / m2
Development of a complete design project, with the plans, statements and 3-D visualizations of the premises necessary for the renovation of an apartment in a new building, for 2700 rubles / m2

Federal Law No. 214, a unilateral transfer act is drawn up by the developer when:

  • the shareholder evades acceptance of the apartment;
  • participant in shared construction refuses to accept the object.

These measures apply:

  • only after the expiration of 2 months from the date provided for in the equity participation agreement for the transfer of the object;
  • if the developer has reliable information that the shareholder has received a message about the completion of construction apartment building;
  • message returned postal service, since the shareholder refused to receive it or is absent at the specified address.

After the unilateral transfer, the apartment is considered to have passed to the participant of the DDU. In this case, all obligations for the maintenance of the dwelling, including liability for damage in the event of its accidental death, are assigned to the receiving party.

Actions of participants in shared construction after putting the house into operation

Attention

AT last years shared construction is very popular. Price square meter of the building under construction increases depending on the stage of the construction of the object. Participation in shared construction allows in 2018 to purchase an apartment on favorable conditions.


However, real estate will be able to pass into the possession of a person only after registration of ownership. Before deciding to participate in shared construction, it is worth considering some features regarding the delivery of new buildings. General information Putting the facility into operation is a responsible step, since the procedure is carefully controlled government bodies in order to prevent possible negative consequences.
The developer must obtain the appropriate permission from the controlling authorities in order to enable residents to move into the new building.

What to do to equity holders when the house is put into operation

It happens that the developer signs with management company, which accepts a residential building on its balance sheet, an agreement on conditions that are extremely unfavorable for equity holders. The latter, in the absence of property rights, have to unconditionally agree to all the terms of the Criminal Code, including paying public utilities at predatory rates, to pay for imposed services, or even to pay for services that are not provided. Thus, the developer issues the keys to the apartment to the shareholder, who signed the act of acceptance and transfer, and provides the opportunity to live there on unfavorable terms.


It must be acknowledged that in similar situation the developer is far from always to blame, for example, sometimes the local administration interferes with the company's actions in order to motivate it to fulfill its obligations to the city.

The procedure for the delivery of a new building

What to do if defects and imperfections are revealed during the acceptance of the object? If the house was handed over on time, and the shareholder received a message about the developer's readiness to transfer the apartment to him, it's too early to rejoice. At the stage of acceptance of housing for a participant in an equity project, unpleasant surprises in the form of defects and imperfections of builders can also await. In this case, do not sign deed of transfer, believing the verbal promises of the developer to fix everything in the near future.

Important

It must be understood that by signing the act, the shareholder agrees that all work has been completed at the proper quality level, and he has no claims against the builders. If the shareholder has complaints about the quality of construction, all the shortcomings must be recorded in a separate act. There are basic rules for accepting housing from the developer, which must be followed in order to avoid problems in the future.

Transfer of an apartment under a share agreement

Acceptance of the apartment and documents for it from the developer In the process of accepting the apartment, two documents are drawn up: Acceptance of apartments by equity holders occurs after a week from the date the house was put into operation. Violation of the terms of both the acceptance of the apartment and the commissioning of the building threatens the developer with the payment of penalties if the equity participation is formalized in accordance with all the rules by the relevant agreement in accordance with the norms of Law No. 214-FZ. Acceptance procedure:

  1. Examine the documents that the developer will issue.
  2. Look around the room.


    Describe any deficiencies found during the inspection in detail on the inspection sheet.

  3. Sign the acceptance certificate only if no deficiencies are found or they have already been eliminated.

Real estate kmv

Info

The second stage of acceptance, based on the received conclusion of the AIA, as well as a number of documents (not directly related to the acceptance procedure: land ownership certificate, etc.), the main document is issued to the developer - Permission to put the object into operation. And already after receiving permission for commissioning, the new residential building is considered to have passed the state inspection, the level of quality of the work performed is confirmed, which did not cause complaints from the receivers, and residents can be calm about the safety of living. This also means the availability of state registration of the house (assignment of a postal address), and most importantly, the commissioning permit means that the apartments can be transferred to the owners (according to the acceptance certificates).

Apartment in a new building commissioned: pitfalls and bottlenecks

  • By signing additional agreement on changing the term for the transfer of the apartment, the shareholder is deprived of the opportunity to demand payment of a penalty.
  • The participant in shared construction retains the right not to renew the terms or to terminate the contract altogether if he is not satisfied with the extension.

If the developer has not yet received permission to put the house into operation, and at the same time he requires to sign an act of acceptance and transfer of the apartment, it is important to understand that such a requirement is illegal and violates the law regarding the requirements for the delivery of an apartment building, which at this stage is actually the object of an unfinished construction. Penalty for delay under the equity agreement According to paragraph 2 of Art.

Commissioning of a new building

Cracks may indicate that the foundation was laid in violation of technological standards, and the consequences in this case can be very serious over time, up to the collapse of floor slabs (with all the consequences). What to do? In order for the court to take the side of the equity holder, weighty arguments will be required, such may be the results of a construction examination (some companies offer such services). Accordingly, the plaintiff is obliged to pay for the work of experts, and this pleasure is by no means cheap. In addition, the owner can exercise his right only if at the time of the occurrence of problems construction company continues to exist. If the company went bankrupt or closed for other reasons, there will simply be no one to make claims.
The day on which the owner will be able to receive the certificate is determined.

  • On a certain day and time, the owner comes to the Registration Chamber to receive a certificate. He is given the provided original documents. A citizen must have a receipt and a passport.
  • In the event that there are several owners, each of them must come up with their documents and pick up their original certificate. At the same time, it is possible to come for the receipt of the document later than the established date. If the certificate is received by a child, then the document on his behalf must be signed by a parent or representative.

Legal help!

Moscow and region

St. Petersburg and region

Federal number

In recent years, shared construction has become very popular. The cost per square meter of a building under construction increases depending on the stage of construction of the object.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Participation in shared construction allows you to purchase an apartment on favorable terms in 2020. However, real estate will be able to pass into the possession of a person only after registration of ownership. Before deciding to participate in shared construction, it is worth considering some features regarding the delivery of new buildings.

General information

Putting an object into operation is a responsible step, since the procedure is carefully controlled by state authorities in order to prevent possible unpleasant consequences.

The developer must obtain the appropriate permission from the controlling authorities in order to enable residents to move into the new building.

For many future tenants, all the mandatory procedures before putting the house into operation seem extremely vague. Basically, consumers are concerned about only one question - when it will be possible to move into housing and start repairs in a new apartment.

Commissioning of a new building

After the completion of the construction process, the developer must deal with the execution of certain documents. These papers are designed to confirm the safety of the operation of the house and its corresponding quality. The documentation is the basis for the transfer of individual apartments to their future owners.

In 2020, the commissioning of buildings is regulated by Art. 55 of the Town Planning Code of the Russian Federation. In this normative document It is said that the relevant permission must be provided by local authorities.

In fact, the developer has a need to obtain two documents:

  1. Compliance Conclusion. The paper certifies the fact that the object meets all the requirements of project documentation and technical regulations.
  2. Permission to enter the facility into operation. A permit document gives the right to the developer to populate tenants in a new building.

After receiving the last document, it is considered that the object has passed the state inspection, and all construction works carried out in accordance with existing standards.

This gives a guarantee to tenants regarding the safety of their living in a new building. After obtaining permission, the object is put on state records, which means that it is assigned an address.

Stages

What are the stages of putting a new building into operation:

  1. Completion of construction and installation works and laying of all necessary communications by the time of delivery of the new building. Also, by this time, the developer must complete the improvement of the adjacent territory and conclude contracts for the operation and maintenance of networks - sewerage, gas supply, electricity, water supply, heating, and others.
  2. Departure to the location of the object of technicians from the BTI. Carrying out measurements of the areas of buildings and apartments by competent specialists. The obtained data will be required for registration of technical passports.
  3. Holding acceptance committee meetings. With positive results after its completion, a permit is issued to the developer. The document contains information about the compliance of the new building with the declared master plan and the Town Planning Code.
  4. Registration of a technical passport by a design and inventory bureau.
  5. Acceptance of the construction by the bodies that provided specifications for construction.

The documents

  1. The future owner studies the documentation provided by the developer.
  2. The premises are being inspected. If any deficiencies are found during the inspection, they must be entered on the inspection sheet.
  3. If the future owner has not found any shortcomings, or the developer has already eliminated them, then the acceptance certificate is signed. When a citizen leaves a signature on it, it is considered that all the obligations of the developer have been fulfilled. Accordingly, if shortcomings are later revealed, the owner will already correct them on his own.

In the event that the shortcomings were identified and recorded in the inspection sheet at the stage of inspection of the premises, the following further options are possible:

  • independent elimination of flaws by the developer;
  • elimination of shortcomings by the owner and receipt of compensation for repairs from the developer;
  • reduction in the cost of the apartment by the amount that will be required for repairs.

In practice, not in all cases it is possible to accept an apartment immediately. After signing the acceptance certificate, one of the copies of the document remains in the hands of the owner, and the second is taken by the developer.

Registration of ownership

After signing the acceptance certificate, the owner receives the keys to the apartment. After that, he can operate living space at your own discretion. At this stage, it is necessary to deal with the registration of a certificate of ownership.

The certificate of ownership is the main paper that gives the owner the right to sell, donate or transfer the apartment by inheritance.

According to the law, it is forbidden to make any changes to the configuration of the object until the certificate is received.

This is due to the fact that in order to obtain a title document, it must first be issued cadastral passport. In turn, to obtain it, repeated measurements of the area of ​​\u200b\u200bthe premises may be required.

A variety of design elements can interfere with the measurers - decorative arches, drywall sheets, and so on. In such a case, they may legally demand their removal. If the owner refuses to comply with the requirements of the measurers, obtaining a certificate of ownership may be jeopardized. Dismantling, in turn, will lead to the fact that the owner of the property will incur significant costs.

What does the ownership order look like?

  1. The future homeowner prepares a package of documents and applies to the Registration Chamber.
  2. An authorized specialist contributes to electronic form data and forms an application, which is later signed by the future owner.
  3. A citizen is issued a receipt for payment of a state duty in the amount of 1000 rubles. It can be paid at the bank.
  4. Documentation is taken away from the future owner and a receipt is issued in return, indicating that they have been received. The day on which the owner will be able to receive the certificate is determined.
  5. On a certain day and time, the owner comes to the Registration Chamber to receive a certificate. He is given the provided original documents. A citizen must have a receipt and a passport.

In the event that there are several owners, each of them must come up with their documents and pick up their original certificate. At the same time, it is possible to come for the receipt of the document later than the established date.


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