Form
To draw up such an act there is no need to use a unified form. The document is drawn up in a free style. The main thing you need to pay attention to here is the indication of all important information. This is a detailed description of the apartment and the parties who are parties to the transaction. As a rule, the parties choose the most suitable form in advance by mutual agreement.
When and why do you need an apartment inspection report?
Using the deed, the parties document the condition of the property. Conventionally, the inspection report can be divided into two types:
- Required . In this case, there is no way to do without an inspection. As a rule, such situations arise during investigations, investigative or judicial audits.
- Optional . When citizens or organizations transfer an apartment from hand to hand, for example, when selling, renting or donating, drawing up a deed is desirable. But it cannot be called mandatory, because the law allows you to do without this document.
Although practice shows that recently even individuals are trying to properly prepare such a document. After all, it is this act that will be considered first if any disagreements arise between the parties. For example, if we are talking about selling an apartment, its inspection is in the interests of all interested parties:
- The seller of the apartment needs an inspection report so that he has documentary evidence of this fact. Also, taking into account the collected acts, the seller may decide to change the terms of sale. If the buyer agrees to sign the inspection report, this will indicate that he is completely satisfied with the condition of the home. Accordingly, if after the transaction the buyer wishes to make any claims, this act will be a weighty argument in favor of the seller.
- Realtor, if the seller resorted to his services. Based on this document, he reports to the seller, since the time and date of the inspection must be indicated here. Information about the buyer is also noted. With the help of this act, the realtor will be able to prove that he was the one who found the buyers.
- The buyer practically does not need an inspection certificate. Although you may encounter a situation where law enforcement agencies have questions. For example, if this apartment was robbed, the buyer will have documentary evidence of the reason why he was here.
- The tenant will need this document when he returns the apartment to the owner. The act will confirm that the technical condition of the premises has not changed.
- To the landlord when he rents out the property. After a certain period of time, he will be able to check whether the condition of the apartment has worsened. If it has changed for the worse, the owner may demand compensation from the tenant for damages.
Residential inspection report
is compiled for use in cases related to the provision of information about its condition.
This is the purchase, sale and rental of real estate, the implementation of repair work, the need for which arises due to flooding and other emergency situations. The act is necessary to record the condition of the premises at a specific point in time, sometimes it is drawn up after an incident to provide evidence of damage or lack thereof. When making a purchase, sale, rental and other real estate transactions, an inspection report of the residential premises is not necessary, however, it can help for a successful conclusion of the transaction . It is mandatory to draw up when ordering a forensic examination or for carrying out investigative measures.
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There are no strict regulations on the procedure; the law specifies only general requirements. The most common cases are when the examination is carried out to achieve
Premises inspection procedure
There are no regulated actions regarding apartment inspection.
Usually this procedure is individual for each case. Naturally, one person cannot conduct an inspection. For this purpose, a special commission is assembled, which includes representatives of all interested parties. Once inside the premises, the commission checks its technical condition, communication networks, and electrical equipment. In addition, special attention is paid to fire safety, which must be observed in this room. Under certain circumstances, environmental safety is also of great importance. Here the cleanliness of the apartment is checked, the absence of fungus on the walls and various parasites.
( Video : “Act of acceptance and transfer of apartment”)
The inspection commission inspects room by room, recording any comments using the appropriate report. If there are no comments, and the general condition of the apartment is satisfactory, this should be written about in the document.
Rules for drawing up an act
As you might guess, one person cannot conduct a home inspection. Indeed, in such a situation there is a high probability of making mistakes. The inspection commission must consist of at least two specialists. Typically, this procedure is entrusted to representatives of government departments and supervisory authorities. The legislation does not prohibit the involvement of additional experts in this process. These could be technicians, electricians, engineers. Thanks to this, we can say that the inspection of the premises and the inspectors’ conclusions will be as objective as possible.
You can enter information into a document on a computer or by hand. Often an apartment inspection is carried out so that the commission can determine what damage has been caused to the property. This fact should be stated in the act. In addition to this, it is necessary to note the reason why this damage was caused. If the alleged culprits are known, information about them should also be displayed in the document.
There are situations when some additional annexes are drawn up to the act. If there are any, this should be mentioned in the act itself. For example, if the inspection of the apartment was carried out using a camera, the photographs become an appendix to the report.
Sample of a Preliminary Acceptance Certificate for an Apartment Indicating a List of Defects Download
This act is not mandatory, but in some cases a very useful document that records the fact of transfer of the apartment from the seller to the buyer. The deed is drawn up in addition to the apartment purchase and sale agreement and contains some conditions of the parties for the transfer of the apartment; after its signing, the property becomes the property of the buyer and all responsibility for maintenance and safety falls on him. The form of the act presented on the website is not the only correct one and can be supplemented with the necessary points of the acceptance and transfer conditions, however, it reflects the optimal set of data which in most cases is sufficient. There is no single form of transfer deed approved by the legislation of the Russian Federation.
The process of buying or selling an apartment
There is no standard agreement on the rules for selling apartments. It is drawn up arbitrarily, in the presence of a lawyer, which guarantees the fulfillment of obligations by both parties. You can also use one of the standard forms for an apartment purchase and sale agreement on our website. The document records all the necessary details and carefully regulates all legal issues.
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If deficiencies are identified, the shareholder must draw up an inspection sheet describing the detected defects. Only after the developer’s representative has signed the inspection sheet and specified the time frame for correcting the defects, is it possible for the buyer to sign the acceptance certificate for the apartment.
It is recommended to carry out a control inspection of housing during daylight hours in order to have a good visual opportunity to examine the purchased housing. Before signing, you need to check the utilities, sewer and water pipes, as well as the serviceability of the electrical network and all sockets, the condition of the hood, windows and doors. After the premises are found to be in satisfactory condition according to the DDU, the parties sign an act.
About the inspection procedure and signing the document
After putting the house into operation, the developer must transfer the apartments to the owners. This is preceded by an inspection and signing of an act, which confirms the transfer of rights and responsibility for the purchased housing from the developer to the shareholder.
The law directly provides for the need to draw up an act of acceptance and transfer of property, however, registration of ownership by the relevant body in some cases can occur without the parties submitting such a document.
The signed Certificate of Acceptance and Transfer of an apartment in a new building indicates that the Developer has fulfilled its obligations to the shareholder, as well as the transfer to him of the obligation to pay utility bills for the apartment (not yet registered as the property of the shareholder).
Transfer deed to the apartment purchase and sale agreement
In addition, if we bought an apartment under a shared participation agreement, then in accordance with 214-FZ, our apartment is given a warranty period of 5 years, and for engineering equipment - 3 years. During this period, we can also make claims to the Developer for shortcomings and defects discovered during the operation of the apartment (including hidden ones), and demand their elimination at his expense.
In essence, the Transfer Deed is a continuation of the Apartment Sale and Purchase Agreement, and indicates the actual fulfillment of the obligations of the parties under the agreement. The act is drawn up in any form, but with mandatory reference to the main agreement, and a list of necessary information and details (see below).
General requirements for the content of the apartment inspection report in 2020
The deed is usually drawn up in the form of a descriptive document.
Although, for greater convenience, some format the document in table form. This is especially convenient when a large amount of information is entered into the act. As for the volume, it all depends on the complexity of the apartment. The larger it is, the more information will be available during inspection. The scope of the act is also influenced by the goals pursued by this inspection. The larger they are, the broader the document becomes. Important information that must be contained in the document includes information about the real estate that was subject to inspection. The responsible persons who worked directly at the site are also indicated here. Naturally, the commission must draw conclusions. If there are any comments, they are recorded in the act. If there are none, it should be written that there are no comments.
The document must have several copies. Each interested party must receive one copy. All of them have the same legal force; accordingly, autographs of representatives of each party must be affixed here. If an organization that uses a seal in its activities takes part in a transaction, it puts the stamp on the document. It must be remembered that a correctly drawn up act will become powerful evidence in court proceedings.
Instructions for filling out the act
Despite the fact that the document is drawn up in free form, there are general rules for office work. Usually there are no difficulties with filling out the act. The document is filled out step by step:
- You need to start by filling out the “cap”. The name of the document, city and date of compilation are indicated here.
- The composition of the inspection team is indicated. This is not only the name of each specialist. It is necessary to indicate what organization he represents and what position he holds.
- The fact of inspection of the premises is confirmed below. You must indicate the exact address where it is located. If the apartment is on the balance sheet of some company, this should also be mentioned.
- Next, members of the review team must draw conclusions. If no defects are found, it is necessary to indicate that the condition of the premises is satisfactory.
- It would be useful to point out that there are no comments on the electrical equipment and the general condition of the apartment.
- The final stage of filling out the document is affixing autographs of all responsible persons. Moreover, the signatures must have a transcript.
It is worth noting that this is only an approximate example of filling out the document. At the discretion of the responsible persons, you can specify additional items in which more detailed information will be displayed. For example, you can imagine a situation where members of the inspection team discovered any problems or malfunctions. In such a situation, they must be written down in great detail. Here you need to understand that even the smallest complaints must be described. After all, they are the ones who can cause disagreements between the parties. For example, when renting out an apartment, the commission will not take into account torn linoleum. If the tenant does not notice such an oversight, it will be considered that he received the apartment in perfect condition. Upon its return, the owner may demand compensation for damage to which, in fact, the tenant has nothing to do. Therefore, even minor details must be displayed in the document.
