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How to take an apartment with the developer and defend your rights

How to take an apartment from the developer

After a long wait for most buyers, getting the keys to an apartment in a newly built house seems like a formality. At this moment, I do not want to think about the obvious and hidden defects of the brand new expensive housing, the elimination of which can lead to additional costs. Knowing how to rent an apartment in a new building, you are guaranteed to get high-quality housing, and in disputed cases, you can legally recover from an unscrupulous developer full compensation for material costs and moral damage.

Content

  • The order of admission which must be followed
  • The nuances of acceptance of the apartment, depending on the finishing option
  • Features of receiving apartments with draft and pre-finishing
  • Condition of the ceiling, walls and floor
  • Glazing quality
  • Engineering systems
  • How to take an apartment with a turnkey finish
  • How to protect your rights if a serious marriage is revealed upon admission
  • The order of admission which must be followed

    The many-month history of the relationship between the builder and the home buyer ends with the signing by both parties of the apartment acceptance certificate – an important document necessary for registering the property. At this point, all construction work must be completed in the house, it must have a permanent mailing address and accepted by the state commission for operation.

    The terms of delivery of the house are agreed upon upon conclusion of the contract by the parties and in case of violation, the law provides for the buyer of the apartment the right to a penalty, the amount of which is calculated in accordance with the refinancing rate set by the Central Bank. The delay in the completion of the house for more than 6 months established by law may indicate serious construction flaws or financial problems of the developer.

    After checking the relevant documentation and making sure that the house has been commissioned, the buyer of the apartment should carefully inspect it and, indicating in the inspection sheet all the defects found, sign the acceptance certificate of the object. This document indicates the strict deadlines for eliminating the identified marriage..

    Note to the buyer-shareholder.

    In accordance with the law, the shareholder, at his discretion, has the right not to sign the act of acceptance of transfer of housing if it does not meet the required quality.

    If the act was signed, but the developer did not eliminate the marriage on time, the apartment can be accepted by drawing up an additional annex to the previously signed act on the adoption of housing with defects and a detailed list of which ones.

    Both cases are subject to judicial recovery of material and moral damage..

    The nuances of acceptance of the apartment, depending on the finishing option

    Depending on the price category of houses and the solvency of buyers in a particular region, the primary real estate market offers apartments in three finishes:

    • rough finish is the minimum that allows a building to be called an apartment: an entrance door, double-glazed windows on windows, sometimes interior partitions, wiring heating, water supply and sewage systems, electricity to the switchboard, water and electricity meters;
    • pre-finishing – the apartment is prepared for finishing finishing works: that is, the final screed was made on the floor, the walls were plastered and plastered, heating, water supply and sewage systems, power supplies, connection points for lighting devices, sockets and switches were equipped, there is an entrance door, windows glazed;
    • “turnkey” finishing: the buyer can bring furniture and move in.

    Features of receiving apartments with draft and pre-finishing

    Buyers are becoming more demanding and housing with rough finish is less and less interesting for them, there is no finish in it, and before signing the acceptance certificate, it is enough to make sure that the basic equipment corresponds to the one specified in the contract. Then, how to accept a new apartment with a pre-finished finish should only be sure that, in the absence of serious defects, minor defects are within the acceptable limits prescribed by SNiP 3.04.01-87

    Condition of the ceiling, walls and floor

    For high-quality improved plaster, the following deviations are permissible:

    • vertically – irregularities of 2 mm per 1 m or up to 10 mm over the entire height of the wall, are checked using a plumb or rail 2 m long;
    • for smooth contours, no more than 2 irregularities are allowed on an area of ​​4 square meters up to 3 mm in depth or in height;
    • on the surface of walls and ceilings, sinks, efflorescences, cracks, peeling of plaster, traces of the movement of the trowel tool are unacceptable.
    Plaster detachment - a construction defect, which must be entered into the protocol of inspection of the apartment acceptance certificate and eliminated by the developer in the prescribed manner

    Plaster detachment – a construction defect, which must be entered into the protocol of inspection of the apartment acceptance certificate and eliminated by the developer in the prescribed manner

    For wall and ceiling coatings of dry gypsum plaster deviations are allowed:

    • from the vertical – 1 mm per 1 m or up to 5 mm in height to the ceiling;
    • for a smooth outline surface – no more than two irregularities with a depth of up to 2 mm on an area of ​​4 square meters;
    • for slopes, columns, pilasters, husks, the vertical or horizontal error cannot exceed 1 mm per meter of length or height;
    • at the joints of drywall sheets, sagging up to 1 mm is permissible and cracks are not permissible.

    The following deviations are allowed depending on the future finish flooring for the concrete screed:

    • under linoleum or laminate, irregularities with a height or depth of not more than 2 mm are permissible;
    • under a ceramic tile of a deepening or elevation of a coupler – up to 6 mm;
    • horizontal floor slope is permissible no more than 2%, but no more than 50 mm, regardless of the area of ​​the room;
    • at the junction of walls and a monolithic concrete screed floor must be laid strip soundproofing material.
    Checking the floor level with a laser. The slope exceeds the permissible 50 mm and the developer must align it or reimburse the buyer for the alignment costs.

    Checking the floor level with a laser. The slope exceeds the permissible 50 mm and the developer must align it or compensate the buyer for the alignment costs

    For ceilings made of cast concrete, deviations from the plane are permissible:

    • up to 7.5 mm for a length of 1 m and up to 14.5 mm for a length of up to 3 m;
    • the thickness of the protrusions and sag on the surface is allowed up to 2 mm with a diameter of up to 10 mm.

    The quality of adhesion of the plaster to concrete or brickwork of the walls, and the screeds to the base of the floor are checked by tapping: a dull sound indicates hidden delaminations and can serve as the basis for introducing a defect in the inspection protocol of the inspection of the object.

    Glazing quality

    High-quality installation of windows suggests that:

    • in places where the window frame adjoins the outer wall of the house, a special waterproof tape should be fixed over the layer of mounting foam;
    • all frames and balcony doors open easily without effort, and when closing the sash fit snugly to the frames;
    • there are no defects on glasses, frames, window sills: surface irregularities, scratches, cracks, etc .;
    • all windows and doors of the external glazing are equipped with high-quality fittings;
    • all window sills of one room are installed at the same level and do not interfere with free heat transfer from radiators.
    The window is installed with violations and will be amenable to replacement: when closing, a gap remains between the sash and the frame

    The window is installed with violations and must be replaced: when closing, there is a gap between the sash and the frame

    Engineering systems

    The heating system must be equipped with temperature controllers and Mayevsky taps for air bleeding. When installing radiators, the following dimensions must be observed

    • distance from the floor – at least 60 mm;
    • distance from the windowsill – from 50 mm;
    • distance from the wall – at least 25 mm.

    If the project provides for the layout of heating and power supply systems in the screed, ask the developer for the layout of the communications that will be needed when finishing work.

    When inspecting the bathroom, it is necessary to check whether waterproofing is laid, as well as the quality of the installation of the sewer, hot and cold water pipes.

    How to take an apartment with a turnkey finish

    Turnkey finished apartments are usually rented out in expensive new buildings of the luxury price category and almost no questions arise as to how to accept an apartment of such a plan.

    When concluding a contract for decoration and development of a design project for the interior, all details are specified in detail: decoration materials, color solutions, engineering equipment. On the eve of signing the act of housing acceptance, the buyer needs to check whether all the conditions of the contract are met and whether the quality of work is consistent with the same norms of SNiP.

    Particular attention should be paid to the quality of laying parquet, if this coating was stipulated by the terms of the contract, and surfaces lined with ceramic tiles. When checking ceramic coatings with a two-meter rail, deviations are allowed:

    • from the plane – up to 4 mm;
    • ledges between adjacent tiles – up to 1 mm.
    The apartment is finished

    In the apartment with “turnkey” finishing, the tile tile seam above the toilet tank is sloppy. But the deviation is within normal limits

    The width of the tile joints should be the same over the entire surface, not exceed 3-5 mm and processed with high-quality grout of the corresponding color. The adhesion of tiles to the base of the floor or walls is checked by tapping and the tone of sound over the entire surface should be the same.

    How to protect your rights if a serious marriage is revealed upon admission

    Although the law reserves the right for the real estate investor not to sign the acceptance certificate of a low-quality apartment, most buyers sign this document in the hope of solving the problem on their own. On the one hand, over the long months of building a house, housing prices are rising and the amount of compensation may not be enough to buy another apartment. On the other hand, people are afraid that the negligent developer will not be able to qualitatively eliminate the defective marriage or willfully not be in a hurry to repair before the expiration of the warranty period.

    Note to the buyer-shareholder.

    An apartment covered by the law “On shared participation in construction …” is given a 5-year guarantee, which also applies to interior finishing work. In the equity agreement, this clause is mandatory. For homes not covered by this new law, the warranty period rarely exceeds 2 years, but developers often try not to write it in contracts. Be careful when concluding a contract.

    So, having discovered the flaws, set them out in detail in the inspection sheet and, having left a copy for yourself, send the document to the developer by mail with a notification. Within 45 days, he must eliminate the marriage at his own expense or reimburse the repair costs if you made it yourself. If the buyer refuses the apartment and the developer accepts this refusal, he is obliged to return the full amount of money within 45 days.

    If a hidden building defect is discovered during the operation of the apartment, when the acceptance certificate has long been signed, you should not despair either. Contact the developer with a statement of the identified deficiencies and during the warranty period he is obliged to eliminate them or to compensate for the costs of eliminating the defect on his own. If the developer is inactive, contact the court immediately.

    When choosing a developer, try to talk with the residents of the houses already built by him and then no problems will overshadow the joy of a housewarming.

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