The page contains a sample form of the document "Acceptance certificate for lease of real estate (non-residential premises, buildings) in the Shakhovsky district of the Moscow region" with the ability to download it in DOC and PDF format.
Document type: Act
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RECEIVING AND TRANSFER FOR RENT OF REAL ESTATE PROPERTY (NON-RESIDENTIAL
PREMISES, BUILDINGS)
P. Shakhovskaya, Moscow region "_____" __________ 2006
We, the undersigned, the Property Management Committee of the Shakhovsky District of the Moscow Region, hereinafter referred to as the "Lessor", represented by __________, acting on the basis of the Regulations, with the participation of the Balance Holder __________ represented by __________ on the one hand and hereinafter referred to as the "Lessee" on the other hand this act stating that:
1. The Lessor, in accordance with the terms of the lease agreement dated "_____" __________, transfers and the Lessee accepts non-residential premises with an area of __________ sq. m, located at: ________________________
2. The technical condition of the aforementioned real estate (non-residential premises, buildings) at the time of transfer is satisfactory, the receiving party has no claims.
3. This act is drawn up in 3 copies having the same legal force:
1st copy - to the Lessor;
2nd copy. - The tenant;
3rd copy. - Balance holder.
Transferred: Received:
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A deed is a legal confirmation of an agreement signed by two or three parties and certified by seals. The document is a standard form, the order of filling in which can be read in the corresponding instructions of the current legislation of the Russian Federation. This act of acceptance and transfer of real estate under a lease agreement has a template for filling in information on the implementation of clauses of an agreement between several parties.
Main part
- Here you need to write the surnames, first name, patronymic and passport details of the persons involved in the transaction. If transfer and acceptance is carried out among legal entities, the passport data is replaced with the name of the company.
- A prerequisite that should be adhered to when drawing up a document is confirmation that the property is fully transferred and there are no material claims against the former owner.
- For the act of acceptance and transfer of immovable property by a legal entity, the OS-1a form is regulated by law.
This kind of document is used not only in the transfer, but also in the options for the alienation of property. The law provides for Article 574 of the Civil Code of the Russian Federation in case of donation and Article 611 of the Civil Code of the Russian Federation for the transfer of property for rent.
Regulatory and legal documents governing the sale of property, the compulsory drawing up of an act of transfer is not necessarily provided for in all cases.
It is clearly stated that the seller is obliged to transfer the goods to the buyer.
The presence of a deed of transfer in respect of real estate is established by Article 556 of the Civil Code of the Russian Federation, but it only prescribes the signing by the selling and buying parties of a document fixing the fulfillment of the obligation, that is, the conclusion of the act is not mandatory and can be replaced by another document.
However, it is this document that is the most convenient option for fixing the legal relationship that arose on the basis of the sale of living space. This agreement will document the fact that the seller has fulfilled the obligation to transfer the property.
If in the future there may be disputes about the quality of the apartment and whether it has flaws or defects (which is especially important for the secondary market), the act will record the condition in which the property was transferred to the buyer.
Even if the buyer accepts the living space with defects and deficiencies, in the event of a dispute, the original owner will be liable, and it is the transfer document that fixes its condition at the time of transfer that will become one of the evidence in further proceedings.
How to compose a document?
The moment of the conclusion of the act directly depends on the conditions on which the sale transaction was concluded.
The document is signed exactly at the moment when the transfer of living space takes place by the selling party, that is, its actual fulfillment of the obligation:
- Immediately after the contract for the sale is signed, the buyer receives the apartment and pays for it with the seller (we wrote in detail about the procedure for concluding a contract for the sale of real estate).
- If the dwelling is purchased in installments, then after the seller receives the first part of the payment or after the full amount of the installment is paid.
The moment of imprisonment is not regulated in any way by law, and by virtue of the free principle of the contract, the seller and the buyer entering into the transaction themselves determine the moment of transfer, based on the degree of mutual trust and other circumstances.
Certification of the acceptance certificate by a notary is optional even if the agreement itself was certified (Federal Law "On State Registration of Real Estate"), since, according to article 556 of the Civil Code of the Russian Federation, the act does not change any terms of the agreement itself, and therefore cannot be considered as an integral part of the transaction.
In the event that the contract itself is certified by a notary, then it will be advisable for the seller and the buyer to certify the act of transfer in the event that Rosreestr has questions in this regard, but this is not a mandatory requirement, but an additional measure to ensure the security of the transaction.
The list of mandatory information that must be contained in the document is also not established by law, however, legal practice shows that it is necessary to record:
- The name of the act.
- Place and time of signing.
- The names of the parties with an indication of their status under the contract. Citizens should indicate passport data, and in the event that real estate is bought directly from the developer - its registration data and legal form, as well as who and on what basis (charter, power of attorney) signs the document (about when a general power of attorney is needed for real estate with the right to sell and buy, read how to arrange it, and from you you will learn about the features of concluding a monetary policy for future real estate).
- Details of the sales contract, on the basis of which the act was concluded, as well as data on the notary who certified the relevant contract.
- An accurate description of the living space - address, size of the area, etc.
- Description of its condition - the nature of the repair and so on.
- The list of amenities that the property is equipped with - heating, communications, electricity.
- List of shortcomings and defects that were identified during the examination.
- The fact of the presence or absence of claims of the parties to each other.
- Personal signatures of the seller and the buyer, imprint of the developer's seal.
The procedure for the delivery and acceptance of real estate upon purchase
The whole the process of handing over the living space by the seller to the buyer is regulated by paragraph 1 of Article 556 of the Civil Code of the Russian Federation and implies the transfer of real estate by the seller and its acceptance by the buyer in accordance with an act signed by the parties or another document fixing the transfer.
If this is not provided for by law or contract, the seller's obligation to transfer the living space to the buyer is considered fulfilled after it is handed over to the buyer and the parties conclude an appropriate contract.
It follows from this that the process of transferring real estate under a sale and purchase agreement consists of two legally significant actions:
- Registration of the transfer of living space by means of an agreement and an act signed by the parties.
- Physical handing over of the property to the buyer.
However, from the content of paragraph 1 of Article 556 of the Civil Code of the Russian Federation, it follows that this rule of law allows the contract to be considered fulfilled without drawing up an act. This right is also confirmed by Article 224 of the Code, according to which the property is considered delivered from the moment when it actually came into the possession of the buyer or the person indicated by him.
The acceptance certificate for the sale of real estate is an important document confirming the lawful fulfillment by the seller of his obligations and fixing the fact that the property was handed over to the buyer. And although it is not considered a mandatory document, it is the most convenient option for fixing the transfer of property.
We offer you to watch a video about the deed of transfer in a real estate transaction:
When concluding a contract for the sale of real estate, the seller undertakes to transfer the real estate into the ownership of the buyer. It includes apartments, residential buildings, land plots, subsoil plots, isolated water bodies and everything that is firmly connected with the land, that is, objects, the movement of which is impossible without disproportionate damage to their purpose. Often, together with the real estate, the land plot on which it is located is also transferred. Real estate purchase and sale transactions are subject to state registration.
Immovable property is transferred to the new owner directly at the place of its location, as proof acceptance and transfer of the object of the purchase and sale agreement, an act is drawn up... V Article 556 of the Civil Code of the Russian Federation it is determined that the transfer of real estate by the seller and its acceptance by the buyer is carried out according to the acceptance certificate signed by the parties.
The seller's obligation to transfer the object of the contractual relationship is considered fulfilled precisely after signing the deed of acceptance and transfer of real estate and not after the registration of the transaction.
One of the main tasks of the act of acceptance and transfer of real estate is to fix the state of the object at the time of the actual entry of the buyer into use, and to confirm the compliance of this state with the terms of the contract of sale. Another task is to determine the moment from which the buyer becomes the owner of the property and, accordingly, the payer of utilities and other services.
V some regions of the Russian Federation this act is included in the obligatory list of documents required for the state registration of the transaction.
According to the current legislation, the evasion of one of the parties from signing the act of acceptance and transfer of real estate is equivalent to a refusal to fulfill the obligations of the purchase and sale agreement.
Content of the act of transfer and acceptance of real estate (apartment, house, land plot)
There are no uniform requirements for the form of the act of acceptance and transfer of real estate for the purchase and sale agreement, it drawn up in free writing, 1 copy for each party to the transaction plus one additional copy for the registering authority. If desired, this document, like the sales contract itself, can be notarized.
- date and place of compilation;
- information about the seller and the buyer or their authorized persons;
- details of the purchase and sale agreement;
- description of the object of contractual relations: name (for example, apartment, house), purpose, address, area, cadastral or conventional number, etc.
- if a land plot is transferred with real estate, then it is necessary to enter similar information about it;
- a separate item can describe the state of the immovable object (including finishing, repairs, the presence and condition of furniture or equipment);
- documents are registered (of a legal nature or concerning the technical condition of the property), which are also transferred from the seller to the buyer.
- the clause containing the claims of the parties (or their absence).
