After the construction of the house in the new building is completed, do not rush to take the keys to the apartment from the developer. First you need to check the quality of the work done. Read more about how to take an apartment in a new building, read on.
Notifications
When the developer receives permission to put the building into operation, he sends clients a paper letter. It contains an invitation to inspect the premises. Especially good companies will also call and send a message. It will be useful to subscribe to the group of the developer in social networks. When he will hand out the keys, call and agree on the time for acceptance.
This process takes place in two stages. The first is a meeting in the office to verify documents. The second - inspection of the apartment for defects. If the client is happy with everything, he signs an act. If not, it makes a claim.
Before you take an apartment in a new building, you need to read the equity agreement (DDU). It details the conditions for the transfer of real estate. Depending on the type of finish (fine or rough), the buyer has the right to compare what he saw in the apartment with what is indicated in his contract. For example, if the document states that the front door should be metal, then the buyer checks the fact of its presence, performance and integrity. The color, thickness and type of mechanism are not specified in the contract.
An explication should be attached to the document, in which the layout of the room, division into sections is schematically presented. Let's consider in more detail. What you should pay attention to and how to take an apartment in a new building.
Office visit
You need to come to the developer with the original passport. The contract is not required. The developer will find the client in DDU anyway. Those who live in another city, the property was issued for several people, you should draw up a power of attorney for any of the co-owners. This person will represent the interests of clients with the developer. The same scheme is applicable if the property was drawn up for older parents by adult children.
Do not give in to the entreaties of the builder! Acceptance of the apartment (signing of the act) is carried out only after checking the premises. Also, one should not sign the voting act of the choice of the management company, since you are not yet the owner of the property.
Apartment transfer dates
The DDU prescribes the timing of the transfer of property. After the agreed date, the interest holder has the right to receive a penalty. At what point does the countdown begin?
Usually, a date is written in the contracts. For example, the developer agrees to put the house into operation in the second half of 2017. That is, permission must be issued until 12/31/17 inclusive. From the moment of obtaining permission the countdown of the transfer of property begins. If permission is not obtained, the countdown begins on the last day specified in the DDU.
If the developer submits the property with a one-day delay, the client has the right to receive a forfeit. If the transfer of property is carried out right by the end of the term, the developer will do everything so that the client signs the act as soon as possible. The DDU also prescribes the period that is allocated to the client for checking the home. The countdown starts from the moment you receive a notification.
Rights violation
Even if the developer has violated the rights of the client, you can recover the penalty by presenting an act that indicates the actual date of transfer of the object. To do this, draw up and send a claim to the developer in duplicate. The developer must give a written response within 10 days. The following details are prescribed in the document:
- parties to the contract;
- details of the contract;
- residential building address;
- apartment parameters;
- deadlines for scheduled delivery of property;
- the requirement to receive a penalty in the amount of 1/150 refinancing rate for untimely delivery of an apartment in new buildings;
- DDU prices, if there are several.
Copies of the act, payment orders for the payment of DDU are attached to the document.
A self-respecting company will invite a client to the office and bargain for compensation. In order not to miscalculate with the amount, you need to calculate in advance what is supposed by law:
(1/150) * Refinancing rate * (Apartment price / 100) * Number of days
If an agreement is reached, the client will be asked to sign an agreement on pre-trial settlement of the dispute. It should indicate not only the amount of payment, but also the period for which the payment occurred. If the case comes to court, then in the case of a positive decision, the developer will have to pay a penalty, a fine and all legal costs.
Example
A client bought an apartment for 4 million p. The act was signed on June 12, 2016. The delay is 73 days. The refinancing rate is 11%:
Forfeit = (1/150) * 11 * (4000000/100) * 73 = 214133 p.
If during the delay period the rate has changed, then the calculations are carried out twice at different rates. The results are then summarized.
Types of Gaps
How to take an apartment in a new building? As mentioned earlier, the first thing you should check the property itself. Deficiencies will be anyway. Somewhere more, somewhere less. The client’s right to a quality apartment is spelled out in three laws: Civil Code, Federal Law No. 214 “On Equity Participation”, Federal Law No. 2300 “On Protection of Consumer Rights”.
The developer is obliged to eliminate all defects or compensate the client for the costs of their correction. Defects are recorded in the act, which is drawn up in duplicate. Defects in new buildings are divided into two groups: significant and non-essential.
Gross include defects where it is impossible to live in the apartment: a clogged sewer, a hole in the wall, a window, broken doors, etc. If there is at least one of these defects, the act of transfer and acceptance of the apartment, a sample of which will be presented later, is signed not allowed. After correction of defects, a new document is drawn up with the actual date of acceptance.
Minor flaws do not interfere with life: pits in the plaster, scratches on the windows, broken door closers, etc. An independent examination is drawn up to confirm the shortcomings. In such cases, the defective and the acceptance certificate are signed. If the client in such a situation refuses to sign the acceptance certificate, then he must indicate this in the defective act. Two months later, the developer can unilaterally draw up an act. If he still proves that the client intentionally avoids accepting the premises, then he will be able to transfer the apartment on his own.
Defects can be detected after the transfer of the apartment. For this, Federal Law No. 214 takes the client five years, of which three years are for engineering equipment. The client can only list the defects in writing and wait for their correction.
Bug fixes
Developers rarely agree to compensate for the cost of fixing defects and offer to fix them on their own. This process is greatly delayed. None of the laws spelled out what “reasonable period” is allocated for the correction of work. It will be more convenient for customers to fix some shortcomings on their own. Therefore, when an apartment is accepted, it is necessary to soberly evaluate all defects.
In practice, a large developer, who immediately rents 150 apartments, makes corrections in 3 weeks, 500 apartments are fixed in 1.5 months. If we are talking about 1000 residential premises, then the elimination of defects is carried out in 3 months. This is considered a short time.
The client will receive the keys to the premises only after signing the documents. Up to this point, the developer will independently agree with the contractors, give them the keys, and upon completion of work, once again invites the client for acceptance. If all the documents have already been signed, but there are still defects, then the developer must agree on the time of the work with the client. In this case, the builders should not give keys. It’s better to come to work.
After the documentary part of the acceptance of the apartment has been completed, you need to visit the premises and carefully check all the surfaces.
What to bring
To check the premises you need to bring:
- notebook: to record all the flaws, check the ventilation;
- flashlight: also needed when checking ventilation ;
- check the socles with a light bulb, with an electric razor - sockets;
- flaws should be noted with chalk;
- level, tape measure and plumb will be needed to check the curvature of the walls and the area of the room;
- Before entering the apartment, take the readings of the electric meter.
Who will help to take an apartment in a new building? Electrician. It will help to check the functionality of outlets and switches. It is important to re-read the contract and write out key points before checking. It will be very difficult to search for the necessary clause of the contract in the process of checking the premises.
How to make comments
All deficiencies found are recorded in the defective act. The form of the document can be taken in advance from the developer so that you do not have to enter all the details on the spot already.
The document lists the shortcomings at the date of verification. The document must be signed by the developer. Thus, he agrees with your shortcomings. Ask a company employee for a power of attorney for such documents. It should contain the wording “the right to sign acts or statements”. Together with this document, the act of acceptance of the apartment is filled out, a sample of which is presented in the photo below.
Copies of both documents are kept by both parties to the transaction. If the shortcomings are serious, then the first defective act will need to be re-checked.
Public places
Elevators and staircases are not private property. Requests for their improvement should be addressed to the management company after receiving the apartment. But you still need to check them. Moreover, each tenant will have a share in this property.
The law does not oblige to prescribe in the DDU the type of decoration in public places. But a self-respecting developer will not put linoleum at the entrance, if he promised tiles. At this stage, you can check the movement of the front door. It should open normally, be smooth and not creak. Mailboxes should be hung in the lobby on painted or plastered walls.
In a high-rise building there must be a working elevator. Without it, the developer will not receive permission to enter. It is enough for at least one of the elevators to work. Ideally, the elevator should be sheathed with plywood and plastic. Then the tenants will be able to deliver building materials and furniture without any problems.
Counters
Before you take an apartment in a new building with the developer, you need to take readings from the electricity meter. Then the residents will pay for the electricity consumed. Up to this point, all utility costs are paid by the developer and the management company. In houses with individual consumption, there are meters on the floors. Indications from the instruments must be indicated in the acceptance certificate. Only then can the machine switch on the electrical panel.
Basement and Attic
Owners of apartments on the first and last floors should also view the technical floor. So you can make sure that the roof exists and does not leak, that the pipes are dry, there is no smell of sewage.
Apartment
How to take an apartment in a new building? All the required elements are listed in the DDU in the item "Property Description". An example of the design of this item:
“The apartment is partially finished and completed: the walls are finished with plaster, the floors are covered with cement screed, plastic windows and a balcony door are installed, a loggia is glazed, a metal entrance door is installed. Installation of electric stoves, horizontal wiring of water supply is carried out by the interest holder at his own expense. ”
These elements also need to be paid attention to during acceptance. How to take an apartment in a new building without finishing? Briefly, you need to make sure that all surfaces are flat and without differences.
Apartment Area
Before traveling to the place of work, you should make a copy of the apartment plan. Room parameters are measured along the walls at floor level. The area of doorways, arches is not taken into account.
Entrance door
The door frame must match the size of the opening. It should be smooth, easy to open and close. Check it out easily. Curved door will open and close on its own. It’s easy to fix a defect. It is necessary to remove the door with the box from the opening and reinstall. Be sure to have an even screed at the threshold and fasten the joints with foam.
Balcony
All windows and doors must have handles and gaskets. The former walk easily and smoothly, while the latter do not hang out. Glasses without cracks. The flaps move freely.
Ceiling
Brick and panel house is built of slabs. Their joints will be visible on the ceiling. To avoid differences, such places are sealed with a solution. The difference in height should be less than 2.5 mm. Otherwise, such a violation is considered material. You should not pay attention to this drawback if you plan to install a stretch ceiling. In a monolithic house, the ceiling is poured on the frame. Joints are not visible.
Floor
How to take an apartment in a new building without finishing? The screed should be smooth, without cracks and voids. While walking through the rooms, the sound everywhere should be the same. Women's stilettos are ideal for this test. In sneakers and shoes with soft soles, the difference cannot be determined.
Between the apartments and at the junction of the walls necessarily leave gaps. At temperature extremes, the screed may contract. So that two sections do not squeeze each other, there must be a distance between them.
Walls
Finished apartments are the hardest to check. They should have plastered walls. Each of the three existing types of coverage has its own requirements.
New building: wall quality test
Property mm | Simple | Improved | Quality |
Vertical drop | 3 | 2 | 1 |
Maximum deviation to full height | fifteen | 10 | 5 |
Maximum depth | 5 | 3 | 2 |
Horizontal deviations | 3 | 2 | 1 |
The problem is that the concrete type of plaster is not prescribed in the DDU. Before leaving for the place of work, you can ask the developer to raise internal documentation, specifically “Architectural solutions”, which state what type of plaster is used. An honest developer will not hide this information and provide it to the client, although it is not required. The task of the interest holder is to verify the actual value with the normative using the rule and level. If you decide to fix the defect yourself, then note that a deviation of 1 cm will take a lot of material.
The deviation is least observed in developers who use improved gypsum plaster. It is expensive, but better aligned. She is white and smooth. The only place where it cannot be used is the bathroom. Plaster does not tolerate moisture.
Electrician
The apartment must have electric wires for connecting the bell, sockets and switches. If these elements are provided in the DDU, then they should not fall out of the walls, heat up and spark. You can check their performance by connecting an electric razor. Take a charge and check the risk of a mobile phone is not worth it. In the event of a network malfunction, you will have to replace the phone, for example, for 50 thousand rubles, and not an electric shaver for 3 thousand rubles. If the developer installed the plinths, then it is worth checking them for performance by screwing in and out a light bulb. In the absence of all of the above items, you should invite an electrician to check and make sure that all sockets and switches can be connected without problems. Here's how the finished apartments are tested.
Water supply
The place near the risers must be dry, and the taps must open with force. Check for a tee in the bathroom and toilet. It combines the drain pipes of the toilet, sink and bath into one. A properly installed design will be accessible from anywhere in the bathroom.
Heating
Radiators must be securely and evenly mounted on the walls with tightened bolts. If the temperature of the device can be regulated, the developer must set the regulator in advance or issue it when transmitting the keys.
Ventilation
How to take an apartment in a new building? Open the windows and doors. Take a sheet of paper and attach it to the ventilation hole. If it sticks, then there are no problems with the hood. Conducting experiments with a lighter and matches is not recommended. If there are problems with ventilation, then such experiments can lead to an explosion.
How to take an apartment in a new building: memo
- All shareholders will come to the office for acceptance at the same time. You need to have a passport with you and preferably a DDU.
- You cannot sign an acceptance certificate without inspecting the premises.
- How is an apartment in a new building accepted? Documents ( acceptance certificate and inspection certificate) must be signed by the developer and the client.
- Three terms are prescribed in the DDU: obtaining permission to put housing into operation, transferring an apartment, and accepting a room. In case of violation of any of them, a claim is drawn up and negotiations are carried out on the penalty.
- The developer must eliminate deficiencies at his own expense or compensate for the costs of the interest-holder.
- To check the object you need to come with a set of tools, a notebook and pen.
- Depending on what defects are identified, a defective act is drawn up. If gross violations are detected during the construction process, it is impossible to sign the acceptance certificate of the premises.