How to receive an apartment from the developer and to defend their rights

By Admin | Garden And Buildings / Construction
18 April 2016

After a long wait the majority of customers receive the keys to the apartment in a newly built house seems a formality.At this point, you do not want to think about the obvious and hidden defects of the newcomer not cheap housing, the removal of which could lead to additional costs.Knowing how to take an apartment in a new building, you are guaranteed to get the ownership of high-quality housing, and in cases of dispute can legally collect from unscrupulous developers full compensation for material and moral damage costs.


reception procedure which must be followed ↑

months-long history of relations between the developer and the buyer of housing completed the signing ofboth parties act of acceptance the apartment - an important document required for the registration of the object in the property.At this point in the building should be completed all construction work, it must have a permanent mailing address, and adopted by the State Commission in operation.

Deadlines house parties stipulated at the conclusion of the contract and in case of violation of the law provides for the buyers of apartments eligible for the penalty, the amount of which is calculated in accordance with the established by the Central Bank refinancing rate.Delay deadlines homes longer statutory 6 months, may be indicative of serious construction flaws or financial problems of the builder.

check the relevant documents and making sure that the house is put into operation, the apartment buyer must carefully examine her and pointing in the inspection sheet of any detected defects to sign the act of reception and transmission facility.This document specifies strict deadlines to eliminate identified marriage.

about how to make an apartment from the developer, and what to look for, we have a video guide:

Note customer-shareholders.

In accordance with the law of equity holders in its sole discretion shall have the right not to sign an act of acceptance and transfer of property if it does not meet the required quality.

If the act was signed, but the developer has not eliminated in time the marriage, the apartment can be taken, amounting to an additional annex to the previously signed the act of acceptance of property defects and listed in detail - what it is.

Both cases fall under the recovery of material and moral damages in court.

nuances of acceptance of the apartment, depending on the choices of finish ↑

depending on the price category of homes and solvency of customers region-specific primary real estate market offers apartments of three finishes:

  • rough finish - it is a minimum, allowing the structure to be called home: the front door,double glazing on the windows, sometimes interior walls, wiring, heating, water and sewage, electricity supply to the switchboard, water meters and electricity;
  • Predchistovaya finish - Apartment ready for final finishing: that is made finishing screed on the floor, plastered and plastered walls, equipped with a heating system, water supply and sewerage, power supply, the point of connection of lighting fixtures, outlets and switches, there is the front door, glazed windows;
  • fine finish "turnkey": the buyer can bring furniture and populated.

Features reception apartments for roughing and finishing Predchistovaya ↑

Customers are demanding and accommodation with a rough finish is less interested in them, it lacks the finish and before the signing of the act of transfer and acceptance is sufficient to verify that the equipment meets the basic prescribed in the contract.While taking a new apartment with Predchistovaya finish should only be making sure that the absence of serious shortcomings slight defects are within the permissible limits prescribed SNIP 3.04.01-87

condition of the ceiling, walls and floor ↑

for qualitative improvement of such deviations are permissible plaster:

  • vertically - unevenness of 2 mm per 1 m, or up to 10 mm over the entire height of the wall checked by a plumb or slats 2 m in length;
  • surfaces smooth contours allowed no more than 2 of irregularities in the area of ​​4 sq mm to 3 mm in depth or height;
  • on the surface of the walls and ceiling are not permitted sinks, efflorescence, cracks, flaking plaster, grout traces of movement of the tool.
Peeling plaster - building a marriage that should be included in the report of survey of the act of acceptance the apartment and removed by the developer in accordance with established procedure
Peeling plaster - building a marriage that should be included in the report of survey of the act of acceptance the apartment and removed by the developer in the prescribed manner

For wall and ceiling coverings of dry plaster allowed deviation:

  • from vertical - 1 mm1 m or 5 mm in height to the ceiling;
  • for the surface smooth contours - not more than two roughness depth of 2 mm on an area of ​​4 square meters;
  • for slopes, columns, pilasters, the husks of error vertically or horizontally may not exceed 1 mm per meter length or height;
  • on joints sheets of drywall sag allowed up to 1 mm and cracks are not allowed.

Depending on the future of the finish flooring for concrete screed permissible following deviation:

  • under linoleum or laminate permissible roughness height or depth of no more than 2mm;
  • under ceramic tile or elevation of deepening ties - up to 6 mm;
  • gender bias horizontally assume no more than 2% but not more than 50 mm, regardless of floor space;
  • at the junction of walls and monolithic concrete floor screed must be laid band sound-proofing material.
Checking the floor using a laser.Slope exceeds the permissible 50 mm and the developer has to align his or compensate the buyer the cost of alignment.
Check the floor with a laser.Slope exceeds the permissible 50 mm and the developer has to align his or compensate the buyer the cost of alignment

ceiling of reinforced concrete allowed such deviations from the plane:

  • to 7.5 mm for 1 m length and 14.5 mm in the lengthto 3 m;
  • sag and thickness of the projections on the surface may be up to 2 mm in diameter and 10 mm.

grip plaster with concrete or masonry walls and screed ground floor with check tapping: a hollow sound indicates hidden delaminations, and can serve as a basis for making a defect in the inspection report the act of reception and transmission facility.

quality glazing ↑

quality installation of windows suggests that:

  • at the junction of the window frame to the outside wall on top of a layer of foam should be fixed special waterproof tape;
  • all frames and balcony doors are easily opened without effort, and when closing the sash seal tightly to the frames;
  • on the glass, frames, windowsills no defects: surface roughness, scratches, cracks and so on. Etc .;
  • all windows and doors are equipped with external glazing quality fittings;
  • all windowsills one room set at the same level and do not impede the free heat transfer from the radiator.
The window is installed with violations and podleit replacement: at closing between the sash and frame is a slot
window established violations and should be replaced: at closing between the sash and frame is a slot

engineering system ↑

heating system should be equipped with temperature control and bleed screw to bleed the air.When installing the radiator must be met following dimensions

  • distance from the floor - not less than 60 mm;
  • distance from the sill - 50 mm;
  • distance from the wall - not less than 25 mm.

If the project provides heating and distributing electricity in the screed, ask the builder circuit construction of communications that will be needed in carrying out finishing works.

Seen from bathrooms to check whether laid waterproofing, as well as the quality of installation of sewage drainage, pipe hot and cold water.

How to take apartments for sale "turnkey» ↑

apartment with a fine finish "turnkey" is usually done in expensive new price category "luxury" and issues such as the plan to take the apartment, almost does not occur.

When a contract for development of design and finish of the interior design are discussed in detail all the details: finishing materials, colors, technical equipment.On the eve of signing the acceptance of property to the buyer to check whether all conditions of the agreement are fulfilled and whether the quality of the works by the same norms SNIP.

Particular attention should be paid to the quality of laying, if the coating covering the terms of the contract, and surfaces coated with ceramic tiles.When testing two-meter rack ceramic coatings permitted deviation:

  • by plane - to 4 mm;
  • ledges between adjacent tiles - up to 1 mm.
В квартире с отделкой "под ключ" неаккуратно выполнен межплиточный шов над бачком унитаза. Но отклонение в пределах нормы.
The apartment decorated with "turnkey" sloppy made mezhplitochny seam on the toilet tank.However, the deviation in the normal range

width of tile joints must be the same on the surface, does not exceed 3-5 mm and processed quality grouting of the corresponding color.The strength of adhesion of tiles to the base floor or wall checked knocking sound and tone across the entire surface must be the same.

How to protect your rights if the reception apartment revealed a serious marriage ↑

Although the law reserves the right not to share participant to sign the act of reception and transmission apartments of poor quality, most buyers sign this document in the hope to solve the problem on their own.On the one hand, for many months building the house prices are rising and the amount of compensation may not be enough to buy another apartment.On the other hand, people are afraid that a careless builder fails qualitatively eliminate the marriage or deliberately will not rush to repair during the warranty period.Note


to the apartment under the Act №214 «On share participation in construction ...", gives a 5-year warranty, including extending and interior finishing work.In the contract the equity required to the item prescribed.At home, not covered by this new law, the warranty period is rarely more than 2 years, but developers often and try not to prescribe in the contracts.Be careful when signing the contract.

So, finding flaws give details of them in the inspection sheet and keep a copy, send a document to the developer mail with confirmation.Within 45 days he must eliminate the marriage at their own expense or reimburse the repair costs if you do it yourself.If the buyer refuses the apartment and the refusal to accept the developer, he is obliged within 45 days to return the money in full.

If building a marriage is found hidden in service apartments, when the act of receiving the signed long ago, too, do not despair.Please contact the developer with an application for shortcomings and for the duration of the warranty period, it is obliged to eliminate them, or to compensate for the costs of eliminating their own marriage.At idle the builder immediately go to court.

choosing a developer, try to communicate with the tenants have already built their houses and then no problems darken your happiness housewarming.