home Railing

The act of accepting the transfer of immovable property. The act of acceptance and transfer of premises for rent. Documents on real estate rights

In order to carry out the procedure of renting, buying and selling, or other actions, it is necessary to draw up a special document called an act. Such an act of acceptance and transfer of property has a simple example of filling it out. But you must follow the instructions and rules when drawing up the document.

In this article

The main purpose of the act of acceptance of the transfer of property

Fulfillment of obligations under the contract is fixed in the relevant documents. In addition, the transfer deed must record the condition of the property that is being transferred. Why is this information needed:

For the party who transfers the property, the contract makes it possible to demand the safety of the property (for example, when renting an apartment, when in the future it will be returned to the owner). The document also confirms that the recipient has no complaints about the condition of the housing at a specific point in time;
And for the party who accepts the property, this is an opportunity to exclude payment of compensation for damage caused to the property even before its transfer.

Act template

Appendix N__

to the Treaty

purchase and sale real estate

from "__"________ ____ city N _____

acceptance and transfer of real estate (non-residential premises),

located in the building at the address: ___________________________

_________________ "__"___________ ____ g.

We refer to__ hereinafter as the “Seller”, represented by ____________, acting on the basis of ________, transferred_, and _________________, hereinafter referred to as the “Buyer”, represented by ____________, acting__ on the basis of __________, took ownership of the following non-residential premises (hereinafter referred to as the Premises):

cadastral number ____________,

total area ______ (___________) sq. m,

located at: ____________________, on the ___ floor in the ____-storey building, _______________ (room) N _____

worth ___________________________ rub.

The technical condition of the Premises is satisfactory and allows it to be used in accordance with its intended purpose.

Simultaneously with the Premises, the following are transferred: a technical passport for the Premises, plans, diagrams, explications, other documents, keys.

Seller buyer:

__________________________ ___________________________

____________/____________/ ____________/_____________/

(signature) (full name) (signature) (full name)

Filling example

If the property being transferred has an inventory number, it must also be indicated on the contract form.

When is it necessary to fill out the form?

This document will be relevant when material assets are involved in the transaction:

rental property;
purchase and sale agreement;
when registering a pledge;
other situations.

Along with it, there must be other documents, since it does not contain the terms of the transaction, but only describes the fact of receipt and the condition of the property.

If disputes arise between the parties in the future, they should be based on the points of the drawn up act. If the document does not indicate, for example, damage, then it will be very problematic to prove it in court. In this case, when drawing up an agreement, it is better to carefully check the condition of the property to ensure its actual compliance. And only after that sign the contract.

Acts can be drawn up on:

documentation;
product;
equipment;
premises;
fixed assets.

An example of filling out a property inventory report

Document form

As for the form of the document, it has not been normatively approved in any way. But although there are no exact requirements, an approximate template for its preparation can be found and downloaded on the Internet.

There are only basic requirements that must be present in the document:

Title of the document;
place of compilation;
personal data of the parties drawing up the contract;
their signatures;
Name accompanying document(about purchase and sale, rent, etc.);
inventory of transferred and received property;
consent and statement of no claims;
Date of preparation.

The document must be drawn up in two versions, one each for the seller and the buyer. And it acts as an addition to the main one (for example, to a lease agreement).

When it comes to the gratuitous transfer of real estate into ownership, then there is no need for a deed. It is only a guarantee of the absence of future claims between the seller and the buyer. But in any case, when signing any documents, you first need to carefully study everything, and only after making sure of its authenticity, put your signature. Otherwise, a situation may arise when you have to pay compensation for damage that was caused before the conclusion of the contract.

A deed is a legal confirmation of a contract, signed by two or three parties and certified by seals. The document is standard form, the procedure for filling which can be found in the relevant 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 out information on the implementation of clauses of the agreement between several parties.

Main part

Here you must write the last name, first name, patronymic and passport details of the persons involved in the transaction. If acceptance and transfer is carried out among legal entities, the passport data is replaced with the name of the company.
A mandatory condition that must be adhered to when drawing up the document is confirmation that the property has been completely transferred and there are no material claims against the former owner.
For the deed of acceptance and transfer of real estate legal entity, the law regulates the OS-1a form.

This kind of document is used not only during the transfer, but also in cases of alienation of property. The law provides for Article 574 of the Civil Code of the Russian Federation in the case of donation and Article 611 of the Civil Code of the Russian Federation for the transfer of property for rent.

Premises as a type of real estate can be the subject of not only a purchase and sale agreement, but also, for example, a lease agreement. Let us recall that under a lease agreement, one party, called the lessor, undertakes to provide the other party (the lessee) with property for a fee for temporary possession and use or for temporary use (Article 606 of the Civil Code of the Russian Federation).

The lease agreement is concluded for the period specified in the agreement (Clause 1, Article 610 of the Civil Code of the Russian Federation). If the lease period is not specified in the agreement, it is considered that the agreement is concluded for an indefinite period (Clause 2 of Article 610 of the Civil Code of the Russian Federation).

The rental agreement for premises, regardless of its term, must be concluded in writing by drawing up one document signed by the parties (clause 1 of Article 651 of the Civil Code of the Russian Federation).

It is also important to remember that if a real estate lease agreement is concluded for a period of 1 year or more, it is subject to state registration. Accordingly, it will be considered concluded only from the moment of such registration (Article 609, paragraph 2 of Article 651 of the Civil Code of the Russian Federation, Information letter of the Presidium of the Supreme Arbitration Court dated 01.06.2000 No. 53).

The fact of provision of real estate by the lessor to the tenant is confirmed by drawing up a transfer deed, or an acceptance deed. We will tell you how to compile it in our consultation.

How to draw up an act of acceptance and transfer of premises for rent?

The act of acceptance and transfer of premises for rent, signed by both parties, is a document confirming the fulfillment by the lessor of his obligation to transfer the premises, and by the tenant - to accept it (clause 1 of Article 655 of the Civil Code of the Russian Federation). Although arbitrage practice confirms that even the absence of such a document does not indicate that the lease agreement has not been concluded (Resolutions of the FAS UO dated December 18, 2006 No. F09-4295/06-S3, FAS MO dated July 15, 2002 No. KG-A40/4466-02).

For an act of acceptance and transfer of premises for rent, a sample is developed by the parties independently and usually the form agreed upon by the parties is approved as an annex to the lease agreement.

Let us recall that the lessor is obliged to provide the tenant with property in a condition that complies with the terms of the lease agreement and the purpose of the property (clause 1 of Article 611 of the Civil Code of the Russian Federation). All shortcomings of the premises being leased must be indicated in the contract or deed for its transfer. After all, the landlord will not be responsible for shortcomings that were specified by him when concluding the lease agreement or were known to the tenant in advance or should have been discovered by the tenant during the inspection and transfer of the premises (Article 612 of the Civil Code of the Russian Federation). For unspecified defects in the premises, responsibility after acceptance will lie with the tenant.

Accordingly, it is advisable to also include information about the condition of the premises that satisfies the tenant, as well as the absence of claims from the parties.

The premises must be transferred under the agreement, and, accordingly, the transfer and acceptance certificate must be signed within the time period specified in the lease agreement or within a reasonable time (if it is not specified in the agreement). Otherwise, the tenant has the right to demand the premises from the tenant in accordance with Art. 398 of the Civil Code of the Russian Federation or demand termination of the contract, and also has the right to demand compensation for losses caused by the delay in the execution of the contract or its non-fulfillment (clause 3 of Article 611 of the Civil Code of the Russian Federation).

The acceptance certificate for the premises is drawn up in at least 2 copies - for the landlord and the tenant. If the agreement is subject to state registration, an additional copy will be required for Rosreestr.

Let's give an example of filling out an act of acceptance and transfer of non-residential premises for rent.

The page provides a sample form of the document “Act of acceptance and transfer of 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

Document file size: 2.3 kb

Document form

Download sample document

Save this document in a convenient format. It's free.

ACCEPTANCE AND TRANSFER OF REAL ESTATE PROPERTY (NON-RESIDENTIAL) FOR RENT

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 “Tenant” on the other hand, have drawn up this act states that:

1. The Lessor, in accordance with the terms of the lease agreement dated "_____" __________, transfers, and the Tenant accepts, non-residential premises with an area of __________ square meters. m, located at: ________________________

2. The technical condition of the above real estate (non-residential premises, buildings) at the time of transfer is satisfactory, the receiving party has no complaints.

3. This act is drawn up in 3 copies, each having the same legal force:

1st copy - To the Lessor;

2nd copy - To the tenant;

3rd copy - To the balance holder.

Sent: Received:

Save this document now. It will come in handy.

You found what you were looking for?

* By clicking on one of these buttons, you help form a rating of the usefulness of documents. Thank you!

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;

Determining 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 the document was drawn up, as well as the name of the document settlement, 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.;

It is important to indicate exactly what condition the property is in, so that in the future there will be 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

We, gr. RF Gureeva Victoria Aleksandrovna, born on April 26, 1972, passport of the citizen of the Russian Federation 38 93 No. 843779, issued by the Department of Internal Affairs of Krasnogorsk, Moscow Region on February 14, 2016, department code 378-832, registered at the address: Moscow region, Krasnogorsk district, Krasnogorsk city, Yubileinaya street, building 281, apartment 91, hereinafter referred to as “Seller”, on the one hand, and gr. RF Grebenshchikova Ekaterina Dmitrievna, born March 21, 1973, Russian Federation citizen passport 73 89 No. 843839, issued by the Kirov District Internal Affairs Directorate of Moscow, 2008, department code 323-835, registered at the address: Moscow, st. Sovetskaya, building 29, apartment 121, hereinafter referred to as the “Buyer”, on the other hand, in accordance with Art. 556 of the Civil Code of the Russian Federation, have drawn up this Transfer Deed as follows:

The “Seller”, in accordance with the apartment purchase and sale agreement dated December 2, 2016, sold it to the “Buyer” one-room apartment, located on the 4th floor of a 9-story building brick house, with a total area of 85 (eighty-five point five) square meters, including a living area of 70 (seventy point five) square meters, located at the address: Moscow region, Krasnogorsk city, Fevralskaya street, building 45, apartment 18.

Signatures of the parties:

“Seller” V.A. Gureeva ___________________

“Buyer” E.D. Grebenshchikova ________________

Form of the act of acceptance and transfer of real estate

Certificate of acceptance and transfer of real estate

City _____________ Moscow region

Twenty ___________ February two thousand ____________

We, gr. Russian Federation ______________, __ ________ 19__ year of birth, passport of a citizen of the Russian Federation __ __ _________, issued by the Department of Internal Affairs ________________ Moscow region __ ________ 200_, department code ___-____, registered at the address: Moscow region, __________________ district, city _________________, street ______________, building __ , apartment ___, hereinafter referred to as “Seller”, on the one hand, and gr. Russian Federation ________________________, __ __________ born in 19__, passport of a citizen of the Russian Federation __ __ __________, issued by the Internal Affairs Directorate of _________________ city _______________ __ __________ 200_, department code ____-_____, registered at the address: city ____________, st. ______________, house ___, apartment ___, hereinafter referred to as “Buyer”, on the other hand, in accordance with Art. 556 of the Civil Code of the Russian Federation, have drawn up this Transfer Deed as follows:

The “Seller”, in accordance with the apartment purchase and sale agreement dated __ __________ 200_, sold to the “Buyer” a one-room apartment located on the _th floor of a _-storey brick building with a total area of ___ (_________________ whole and ______ tenths) square meters, including living area ____ (______________ whole and ___________ tenth) sq.m., located at the address: Moscow region, city ___________, street _________________, house __, apartment __.

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.

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.

Signatures of the parties:

"Salesman" _________________

"Buyer" _________________