How to Properly Accept an Apartment from a Developer: What to Check to Ensure You Don’t Lose Your Rights
How to Properly Accept an Apartment from a Developer: What to Check to Avoid Losing Your Rights Receiving the keys to an apartment in a new building is an important and long-awaited moment for every buyer. However, it is precisely at this stage that many owners make mistakes that can later lead to additional expenses …
How to Properly Accept an Apartment from a Developer: What to Check to Avoid Losing Your Rights Receiving the keys to an apartment in a new building is an important and long-awaited moment for every buyer. However, it is precisely at this stage that many owners make mistakes that can later lead to additional expenses or complications with registering ownership. That is why accepting an apartment from a developer requires not only attention to detail but also an understanding of the legal nuances.
First and foremost, do not rush to sign the acceptance and transfer certificate. Before doing so, you must thoroughly inspect the apartment and ensure that its actual condition matches the terms of the contract. You should check the quality of the finishing work, the levelness of the walls and floors, the condition of the windows and doors, and ensure there are no cracks or damage. It is equally important to inspect the utility systems—electricity, water supply, and ventilation—and to record the meter readings.
If any defects are discovered during the inspection, they must be described in detail in a defect report. The wording should be as specific as possible, since this document will serve as the basis for demanding that the developer remedy the defects at their own expense. Until the identified defects are corrected, it is not recommended to sign any documents stating that there are no claims regarding the quality of the property.
Special attention should be paid to the formalization of ownership rights. It is important to remember that signing the acceptance and transfer certificate and the state registration of ownership rights are two distinct legal procedures. Full ownership of an apartment arises only after the corresponding entry has been made in the State Register of Real Property Rights.
Registration typically requires an investment agreement or documents confirming the transfer of rights, the deed of transfer, the technical passport, and documents certifying the building’s commissioning and the assignment of a mailing address. These documents can be submitted through the Administrative Services Center, a state registrar, or a notary.
After obtaining title, the new owner must also arrange for housing and utility services: enter into agreements with the building manager and utility providers, open utility accounts, and record the initial meter readings. This will help avoid unjustified charges for consumption that may have occurred prior to the actual move-in.
In practice, there are cases where the developer delays issuing the documents required for state registration of ownership. In such situations, the buyer has the right to protect their interests in court. A court ruling recognizing ownership may serve as sufficient grounds for state registration without the developer’s further involvement.
Taking possession of an apartment is not just a matter of receiving the keys; it is an important legal process that requires attention to detail. A competent approach at this stage will help avoid problems in the future and ensure reliable protection of the property owner’s rights.
