What is a house commissioned. Putting the house into operation: step by step instructions. After you have found and recorded in the inspection sheet all the shortcomings found in the apartment, you have two options for further action

Acquisition of housing under construction is currently a very common practice. Firstly, the cost of such an apartment is an order of magnitude lower than that of housing located in an already built house, and, secondly, in this case, the buyer is given the right to choose an apartment that best meets his requirements.

However, from a legal point of view, it is impossible to obtain ownership of a dwelling located in an unfinished house - after all, there is, in fact, nothing to draw it up for. That is why the relevant certificate can be obtained by the buyer of the apartment only after the house has been put into operation in accordance with all legal requirements. How to issue Required documents, and what will the homeowner need to do this?

Buying a home under construction: difficulties with paperwork

In order to obtain the right to move into the house after it is built, it is not enough to wait for the completion of all work and the end of the process of finishing the living quarters. Most often, in practice, it turns out that a house that is actually ready for occupancy is not legally registered as residential and does not have all the documentation necessary for commissioning. That is why the owner of housing purchased at the construction stage may face the following difficulties in processing documents and subsequent settlement:

• without formalized documents for paid housing, its owner will not be able to fully exercise his rights: sell, donate or bequeath an apartment, register in it and, as a result, receive a passport, enroll a child in a school or kindergarten (this problem is especially acute in large cities, for example, in Moscow);
• difficulties with obtaining a loan secured by property - as a rule, credit organizations set much higher percentage on a loan in the event that unfinished housing acts as collateral;
• the impossibility of obtaining benefits and compensation for utilities.

The procedure for registration of ownership of housing in a new building

Registration of documentation that provides the owner of housing with all rights to the acquired property is carried out in the following order:

Commissioning

The duty of the developer organization is to put the finished residential building into operation. The owner of the apartment cannot influence this procedure, so he can only hope for the good faith of the company to which he transferred his money. The permit issued by the regulatory authorities confirms the fact that all the performance characteristics of the house comply with the developed regulations and standards.

Measurement of the actual area of ​​the rented apartment

When drawing up documents at the stage of concluding an agreement, the developer determines the area of ​​​​future housing, according to which its final cost is calculated. The buyer of the apartment pays it in full. However, in practice, the size of finished housing may differ slightly from the values ​​\u200b\u200bspecified in the document. That is why, before transferring the apartment to the owner, BTI employees in without fail make measurements of the finished premises.

In the event that its area differs from the original in a smaller direction, the developer undertakes to return to the owner part of the amount paid, otherwise the buyer will have to pay a certain amount Money. The total area of ​​housing will be indicated in the technical passport, drawn up and issued by BTI employees. About, .

Signing of the acceptance certificate

This paper confirms the fact that the buyer has fully inspected the finished residential premises and that he has no claims against the developer. If shortcomings are identified after the document is issued, it will be quite difficult to oblige the seller to eliminate them.

Registration of the buyer's ownership of the purchased housing

Checkout all necessary documentation can be done in the following ways:

With the help of a builder

By paying the organization a certain amount of money for the preparation of documents, you can avoid paperwork and in short time get a certificate of ownership of the purchased apartment.

On one's own

The process of paperwork in this case may be delayed, but the owner of the apartment will be able to save a decent amount of money that would have to be transferred to an intermediary.

Through the court

In the event that all reasonable periods have passed since the completion of the construction of the house, and the developer is in no hurry to put it into operation and provide buyers with all the documents necessary for registration of property rights, you can go to court.

How do I get my own ownership right?

In order to obtain a certificate of ownership, you must complete the following steps:

Prepare a package of documents required for registration

It, according to the requirements of the current legislation, includes:

• Passports of all apartment owners.
• A notarized power of attorney, if the buyer's representative is involved in the preparation of the documentation.
• An agreement concluded with the developer at the stage of entry into shared construction.
• The act of acceptance and transfer of the apartment, concluded between the buyer and the developer.
• Permission from the guardianship and guardianship authorities, which is necessary if one of the owners of the purchased apartment is a person who has not reached the age of majority, permission from the guardianship and guardianship authorities will be required. To obtain it, you must contact the authority with the appropriate application, indicating the reason for the application and attaching copies of the passports of the child's parents and his birth certificate, as well as a copy of the act of acceptance and transfer of housing and the contract equity participation.
• Cadastral passport. To obtain it, you must put the apartment on the cadastral register in Rosreestr. This procedure must be carried out by the developer himself.
• Mortgage or contract mortgage lending. In the event that housing was purchased with a mortgage, the procedure for processing documents will be carried out in the presence of a bank employee, and in most cases a certificate of ownership is not transferred to the buyer, but remains pledged to the bank.

Registration of ownership

THE TERM OF INTRODUCING THE OBJECT INTO OPERATION (or as it is also called the TERM OF DELIVERY) and the TERM OF TRANSFER OF THE KEYS are COMPLETELY DIFFERENT concepts.

The deadline for putting the object into operation (delivery date) is the period in which the developer plans to obtain permission to put the object into operation, namely: a document certifying that the construction of the house has been completed in full in accordance with the building permit, urban planning plan of the land plot and project documentation.

What must a developer do in order to obtain a building permit?
Before the developer submits to the State Construction Supervision and Expertise Service of St. Petersburg (objects in St. Petersburg) or to the District Administration municipality(objects in the LO) application for the issuance of the Commissioning Certificate must be completed:

• Main construction works on the project in accordance with the project documentation. This means that it is necessary to carry out work that affects the safety of life of future equity holders: all floors have been erected, glazing has been completed, facade work has been done, engineering has been installed, etc. But, say, the decoration of apartments, as well as the implementation of landscaping in terms of planting plants, etc. may not be finished yet, because these types of work, of course, affect the quality of life of future residents, but they do not affect safety.
• Measurements of PIB (objects in St. Petersburg) or BTI (objects in LO), i.e. the developer must receive technical certificate for the entire object, and then put it on the cadastral register.
• Assignment of a police address, i.e. this is the address assigned to the house. Up to this point, the building address has been assigned to the object.
• Obtaining a certificate of compliance with technical specifications from all energy suppliers (Lenenergo, Vodokonal, Teploset, etc.).
• Air permeability, thermal imaging, natural ventilation tests.

What is the procedure for commissioning a house?
The developer sends a notice of completion of construction to the GASN. A group of experts (SES, firefighters, environmentalists, general builders) check the constructed facility for compliance with project documentation and regulations. As a result of this check, the experts sign the act of the final check. After that, the GASN employees sign an act of compliance of the constructed object with the design documentation. Then the developer collects a package of documents already for permission to put the object into operation.
In practice, specialists from the State Construction Supervision and Expertise Service can come to the site with an audit, write out a number of instructions to eliminate any shortcomings. Until the elimination of which, the developer will not be able to obtain permission to enter. Therefore, it is really difficult to enter the house on time.

How does the term for commissioning a house differ from the term for handing over the keys?
The first term has a softer, indicative character. The developer sets the deadline for the completion of the house based on their plans for construction. And, if necessary, this period can be adjusted without agreement with equity holders, both up and down. But the term for handing over the keys is the term prescribed in the equity agreement. Not later than within this period, the last apartment in the house must be transferred according to the acceptance certificate. And this term the developer to adjust in unilaterally HAS NO RIGHT. For violation of this period, according to the current legislation (FZ 214), the developer is obliged to pay penalties to each equity holder in the amount of 1/150 of the refinancing rate for each day of delay. At the moment, for a studio apartment, this is about 1000 rubles. in a day! Therefore, the developer makes every effort to comply with this period, and therefore the developer always takes this period with a margin. In most cases, the difference between the commissioning period and the key handover period is 0.5 years. But there are situations when it comes to a year. This, of course, does not mean that the developer, having put the house into operation, will wait a whole year, because. security and maintenance finished house not a cheap treat. But will have full legal law transfer at least all the apartments on the last day possible under the contract. Therefore, ALWAYS READ THE AGREEMENT and specify the TERM FOR TRANSFER OF THE KEYS when making a purchase decision.

What happens after receiving the act of putting the house into operation?

• Finishing of apartments and landscaping of the territory (flower beds, lawns, etc.) is being completed.
• Start-up and adjustment works are being carried out: we start and adjust the operation of elevators, give working pressure to pipes, check the operation of pumps, leak control systems, meters, etc., blow smoke exhaust fans, etc.
• We conclude basic service contracts with energy suppliers (Teploset, Vodokanal, Lenenergo, etc.).
• The developer's customer service service accepts all apartments from general contractor, checks the conformity of the quality of the finish. In case of complaints - issues an order for elimination. After removal, it is re-accepted.
• An agreement is signed with management company, after which the management company accepts the house on its balance sheet, including engineering systems and all common areas. If defects are identified at this stage, they are also eliminated, after which acceptance and transfer takes place.
• A schedule of inspections of apartments is being formed. Notification of the completion of the construction of the facility and the readiness of the apartment for transfer must be sent to the shareholder no later than one month before the deadline for handing over the keys. The notice is sent to the shareholder by registered mail with a description of the attachment and a notice of delivery to the address specified in the contract for sending mail or handed over to the shareholder personally against receipt.

All this usually takes about 4 months.

Houses, apartments and other construction objects require special documentation, which certifies the fact that this property meets all the requirements for its operation.

As a rule, this is the act of putting the building into operation. This document is an integral part of the process of obtaining the right to use a building object. It is registered and registered. With it, you can find out if the house has been put into operation.

Ownership of real estate cannot be obtained without putting the house into operation. In addition, a dwelling that is not put into use leads to an administrative penalty as a fine for illegal residence. Thus, the existence of an act is the last stage in the construction process. It indicates the end of the construction process and provides the legal use of this object.

How to put the house into operation

All documentation related to the project and the approval of the building is an important stage during which the technical passport of the building is issued. This document and is a setup for commissioning a building object. The technical passport is compiled by a cadastral engineer. The owner of the new building must ensure the following:

1. The presence of openings for the installation of windows and doors, as well as the installed windows and doors themselves.
2. Wall decoration must be clean.
3. The presence of a fine finish made for the floor. To obtain a technical passport, the presence of a screed is sufficient. If, to complete the project, some kind of floor covering is necessary, but it is not available at the time of viewing, this does not affect the fact of obtaining a technical passport.
4. Rough finish is needed for the ceiling.
5. If the house has a terrace or balcony, it is accepted only if these buildings have a fence.
6. A house that has several floors must have a mounted staircase.
7. Heating supply. Any house that is considered for commissioning must have heating in all rooms. Otherwise, it qualifies as non-residential.
8. An electrical network with built-in sockets, switches and junction boxes is also an integral element.
9. Supply of water and sewers.
10. Floors of the building. An individual residential building must have no more than three floors.

After obtaining a technical passport, you should prepare documents that provide permission to live in this residential facility.

They can be divided into two groups:

1. Documents provided independently: a statement in the form that the legislation approves.
2. Papers requested by authorized bodies. Among such documents is an extract from the USRR, which contains information about the applicant's right to land plot. However, this extract may not be requested, but only a document on the ownership of the site that is under construction.

The right to land must be indicated in the registry. Otherwise, the applicant submits documents on his own to confirm his right to the land plot. The list of these documents is as follows:

• before the start of construction and any construction projects, there must be a town-planning plan for the site allocated for development;
• the executive and administrative body of local government must issue a building permit before starting any construction work;
• technical plan of the house. Issued by a cadastral engineer.

The above documents are mandatory for the presentation and receipt of ownership of the land to be built up. In addition to these, two opinions may be requested, but not necessarily. One each from the state construction supervision from environmental expertise.

Where to go to complete the facility commissioning procedure

To complete the procedure, the applicant must apply to the local self-government body under the administrative municipality. It is it that is engaged in the preparation and issuance of a permit for the commissioning of a construction site.

During the period of consideration of the object, the subdivision has the right to inspect the construction object and give an opinion on compliance or non-compliance with the urban development plan and the requirements set forth in the documentation for the project. After reviewing the document, the applicant receives an act of putting the construction object into operation by phone, e-mail or in person.

How to find out if a construction site has been put into operation

The act of putting the object into use determines whether the construction object has been put into operation. In addition, a house or other building object must have a technical passport, which also indicates whether it has been put into operation.

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.

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Participation in shared construction allows in 2020 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.

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 Urban Planning Code RF. 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 last document it is considered that the object has passed the state inspection, and all construction work has been 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 a meeting by the acceptance committee. 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 ownership look like:

1. The future homeowner prepares a package of documents and applies to the Registration Chamber.
2. An authorized specialist enters data into an electronic form 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.