Certificate of acceptance and transfer of buildings and structures form OS-1a 2020: sample filling and form, rules and procedure for registration, when to fill out?

Certificate of acceptance and transfer of commercial premises

When dealing with non-residential premises, lease agreements are usually concluded. Under the terms of such an agreement, the owner is obliged to transfer the property to the tenant for temporary use. When signing the transfer and acceptance certificate of real estate, the fact of transfer of the premises under the responsibility of the tenant is confirmed. The absence of this document makes the lease agreement invalid, and, as a result, the tenant cannot be held liable for non-payment or damage to property.

The deed must contain a description of the significant characteristics of the property:

actual address;
cadastral number;
square;
availability of communications and their condition.

The act must reflect all the shortcomings of the premises. This will be proof that the property was not transferred in perfect condition. If new defects are discovered at the end of the lease, the tenant will be required to compensate for the loss. Damage provisions must be included in the rental agreement.

There is no form of an act of acceptance and transfer of real estate for rent, so when drawing up the document, you can include points that are important for a specific transaction.

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The transfer and acceptance certificate may be supplemented with the following documents:

extract from the cadastral passport;
floor plan;
list of transferred property.

If there is a discrepancy

The act of acceptance implies that both parties are satisfied. But the act does not always happen. Therefore, sometimes a sample report of shortage of goods upon acceptance is needed. If there are discrepancies in the quantity and quality of products, use the TORG-2 form. They are relevant for both internal accounting and tax accounting.

This document is the basis for filing a claim against the seller. You can go to court with him or demand compensation provided for in the contract. If there are no comments on a part of the product, then it is not indicated in this act. The quantity of products, the condition of the goods and packaging, and the presence of seals are displayed.

A prerequisite is the collection of a commission. It includes representatives of the seller, buyer, carrier company, and the person accepting the goods for storage. If there is no seller, you can hire a person from an independent organization.

Acceptance and transfer certificate of residential real estate

As a rule, residential rental agreements are concluded by individuals. The agreement is concluded primarily in free form without an acceptance certificate. If one of the parties insists on signing the act, it should reflect the following information:

inventory of property;
meters data;
fact of handing over the keys.

In purchase and sale transactions, a real estate transfer act must be drawn up, since with the help of this document possible disputes between the parties can be regulated.

When buying or selling an apartment, it is advisable to include the following information in the transfer and acceptance certificate:

date and place of drawing up the act;
details of the contract;
information about the seller and buyer;
actual address of the property, number of floors of the building, area of the apartment, number of rooms);
condition of the apartment (repairs and communications) and structural elements;
detected defects and deficiencies;
details of the parties to the transaction, signatures and seal (if the seller or buyer is a legal entity).

After signing the deed, the keys to the apartment are transferred to the new owner.

What can be included in the act of acceptance and transfer of an apartment?

It is drawn up in two copies and, if desired, can be certified by a notary. There is no strict form of the act, but the number of clauses and their content may depend on the wishes of the parties to the transaction. The act must include the address of the apartment, passport details of the parties to the transaction, cadastral and conditional numbers, area of the property, date and place of drawing up the document. The internal condition of the apartment can also be specified: the quality of finishing materials, furniture, plumbing. It is advisable to include in the act a clause stating that the parties to the transaction have claims. If there are any, then all of them must be reflected in the document as of the time of transfer of the apartment. All this will be taken into account in the trial.

When participating in the transfer of an apartment, witnesses to the parties to the transaction indicate their passport details. In the event of a trial, the testimony of such witnesses will have significant force.

Why do you need a transfer and acceptance certificate for a real estate property?

According to the requirements of the law, the fact of transfer by one party and acceptance of real estate by the other must be recorded in writing by drawing up a special document, for example a transfer deed (see paragraph 1 of Article 556 of the Civil Code of the Russian Federation).

The document must be signed by both parties. If one of the parties avoids signing the act, such actions are equated by the legislator to its refusal to fulfill its obligations under the agreement.

Important! The seller’s obligation to transfer real estate is considered fulfilled after both parties sign the relevant act, and not from the moment of state registration of the transaction, for example (paragraph 2, paragraph 1, article 556 of the Civil Code of the Russian Federation).

This act must subsequently be included in the set of documentation submitted to Rosreestr for state registration of the transfer of rights (subclause 2, clause 2, article 14 of the law “On state registration of real estate” dated July 13, 2015 No. 218-FZ), unless otherwise regulated by law or agreement of the parties.

Such an act is used not only when registering purchase and sale transactions, but also in other cases of alienation of property. For example, the parties can formalize it at their own discretion when donating property (Article 574 of the Civil Code of the Russian Federation), when transferring property for rent (Article 611 of the Civil Code of the Russian Federation), etc.

Note! By recording in the deed a description of the transferred property (including the state of communications, external and internal decoration, and other features), the parties can, to a certain extent, protect themselves from future disputes, for example, regarding determining the cost of improvements or the quality of rented premises, etc. d.

Delay in handing over the apartment by the seller

Delays in the transfer of a purchased apartment are often associated with the timing of its release by the seller and settlements between the parties to the transaction.

This can be eliminated by providing for the buyer to deposit part of the funds to pay for the apartment into a safe deposit box, subject to its release by the seller. A condition for access to the amount in a safe deposit box for the seller can be an extract from the house register with a note about the vacancy of the apartment.

To avoid delays in the transfer of premises, it is advisable to indicate the terms of transfer in the purchase and sale agreement.

The legislation provides that the debtor is obliged to fulfill the creditor's demand within seven days from the date of application, unless otherwise provided by the contract or law.

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The seller’s refusal to transfer the apartment entails the buyer’s opportunity to reclaim the purchased apartment in court, since the seller’s evasion from signing the deed is a failure to fulfill contractual obligations to transfer the property.

The court's decision will allow the buyer , with the help of law enforcement agencies, to gain access to the apartment and the opportunity to register his right to it.

In addition, in the event of loss or damage, the seller will be obliged to compensate them.

Sample deed of transfer and acceptance of real estate

The document discussed in the article is intended to record the fact of fulfillment of obligations related to the transfer of real estate by the parties, as well as to record the condition of the transferred object and its compliance with the terms of the contract.

In this regard, the contents of the act, in addition to information about the parties to the transaction and details of the contract, should also include a detailed description of the transferred object, allowing it to be clearly identified later.

Note! The act must record the fact that one party transfers and the other accepts specific property, as well as the existing claims of the parties to each other.

The legislator has not approved a unified/standard form of the act, so it can be drawn up in free form.

A sample transfer and acceptance certificate for a real estate property can be found at the link: Real estate transfer and acceptance certificate - sample.

So, the act of acceptance and transfer of real estate is a mandatory document drawn up during the alienation of property through a purchase and sale transaction. It can be compiled in any form, but in writing.

Rules for inspection of square meters

To protect themselves, a number of buyers invite an expert or builder to check the quality of the work performed. This step allows you to reduce the pressure the developer puts on the shareholder. Experts primarily pay attention to the following areas:

window openings;
waterproofing layer in the bathroom and toilet;
degree of ventilation draft;
degree of noise and sound insulation;
general condition and absence of unpleasant odors;
number of square meters.

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In the first case, it is necessary to record the smooth opening of the windows and the tight closing. The sealing of window openings plays an important role. However, in the summer, detecting drafts is problematic.

The pipes in the restroom must comply with GOST standards in height and be sealed. You should pay attention to the presence of sealed meters. Their absence is a direct violation of the rules for the construction of residential premises.

The ventilation system must operate with enough force to tighten loose paper sheets. Otherwise, it is necessary to check the cleanliness of the mines (mounds of construction waste are possible).

A common mistake construction teams make is reducing the square meters of housing. If this is discovered, you should demand back the overpaid amount.

Attention! The client has the right to refuse the purchase if the apartment acceptance certificate is not signed by the other party. In addition to the invested funds, the company may be required to pay a penalty.

Sample act of acceptance and transfer of real estate

An act of acceptance and transfer of real estate is a document that is drawn up by several persons and confirms the fact of acceptance and transfer of real estate.

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When fulfilling the terms of the concluded contract for the sale and purchase of real estate, an act of acceptance and transfer of real estate is drawn up, certifying the transfer of the object of the contract to the recipient.

The act is considered an annex to the agreement and has no legal force separately from it. The act must indicate all the properties of the subject of the contract, its total area, location, number of floors, cadastral number, if we are talking about a land plot, and other important data that will help identify the property.

The act of acceptance and transfer of real estate is considered an official confirmation that the parties have no claims against each other.

The act may also indicate that the technical condition of the object makes it possible to use it for its intended purpose.

The meaning of transfer deeds

An act of acceptance and transfer can be drawn up for absolutely any thing that passes from one hand to another.

Thus, this moment of change of owner is documented, which can be very important in civil legal relations.

The act can act as an independent document, or it can be an appendix to the document.

The main objectives of the act are:

— Establishing the moment of change of owner and transfer of things;

— Determination of the state of the thing being transmitted and received;

— Also a definition of completeness, since the act often includes an inventory of the property being transferred;

— Consent of the receiving party with all the information contained in the act, expressed in the signature of the party. Thus, the receiving party can no longer express dissatisfaction regarding the quality or completeness if these data were in the text of the act.

Thus, it is obvious that the importance of the act of acceptance and transfer cannot be underestimated, and the more valuable the object of the agreement, it becomes greater.

That is, for the most expensive objects, all requirements for competent execution of the transaction should be provided, and drawing up a transfer deed will be an integral part in the preparation of documentation.

Rules for drawing up an act of acceptance and transfer of real estate

The act is drawn up in a free form, but a certain scheme for constructing the document must be followed to ensure the correctness of its execution and to initially eliminate the possibility of errors:

- the date when the document was drawn up, as well as the name of the locality within which it was signed;

- Title of the document. A reference to the main agreement is also provided, the annexes of which include the act being drawn up showing its full details;

— then the procedure for transferring property from one party to the transaction to another is described. Details are also provided here regarding what kind of transaction the agreement is being drawn up, etc.;

- followed by the characteristics of the object, with the help of which it can be identified with extreme precision (information from the documentation on the object);

- it is important to indicate exactly what condition the property is in, so that in the future there are no complaints from the new owner, and also when the relationship is rental, so that the owner has the opportunity to subsequently make claims for property damage;

— inventory of property that is transferred together with the real estate property. This point should also be recorded, especially important when renting.

Sample of filling out the act of acceptance and transfer of real estate

Certificate of acceptance and transfer of real estate

City of Krasnogorsk, Moscow region

The “Seller”, in accordance with the apartment purchase and sale agreement dated December 02, 2020, sold to the “Buyer” a one-room apartment located on the 4th floor of a 9-story brick building with a total area of 85 (eighty-five point five) sq.m. , including a living area of 70 (seventy point five) sq.m., located at the address: Moscow region, Krasnogorsk city, Fevralskaya street, building 45, apartment 18.

According to this act, the “Seller” transferred to the “Buyer” the above-mentioned real estate in good condition, as it is on the day of signing this act.

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The apartment was handed over in a condition suitable for habitation, unencumbered by debt on utility bills, tax payments, and electricity bills.

The “Buyer” accepted from the “Seller” the above-mentioned real estate in the form in which it is on the day of signing this act, and paid the “Seller” the cost of the transferred real estate in full.

By this act, each of the parties to the agreement confirms that the obligations of the parties have been fulfilled, the payment has been made in full, and the parties have no claims against each other regarding the substance of the agreement.

This deed of transfer has been drawn up and signed in three copies having equal legal force, one for each of the parties, the third for storage in the files of the Federal Registration Service for the Moscow Region.

“Seller” V.A. Gureeva ___________________

“Buyer” E.D. Grebenshchikova ________________