What documents must be issued when buying an apartment. How to independently arrange the sale of an apartment: what documents are needed and the procedure for the sale and purchase transaction, who pays, where to start, a package and a list of papers. What documents are needed additionally

The process of registration of the sale and purchase of an apartment is quite complicated and requires special attention... The seller must think over the sequence of the upcoming transaction, consider all possible risks and subtleties, and also prepare everything in advance Required documents... To have an idea of the process of making a deal, you need to familiarize yourself with each of its stages.

Deal options

At the moment, there are several ways to conduct a transaction. Each has its own pros and cons, but they are all in demand in their own way.

With the help of a notary

Registration of the purchase and sale of an apartment with the participation of a notary gives one advantage - a lawyer. It is he who bears full responsibility for the correctness of the preparation of contracts. Plus, notarized documents record any legal action.

The buyer is not always aware of what documents need to be required from the seller, etc. The notary will also take care of this and will tell you all the possible nuances and risks.

Self-registration

This type of registration allows the seller to control all stages of the sale and purchase himself. The advantage of self-registration of the purchase and sale of an apartment is savings Money on a realtor and a notary, as well as personal control over the entire process of the transaction. The disadvantage of this option is the laboriousness and protractedness of the procedure, which requires a lot of time and knowledge of some laws.

With the help of a realtor

A realtor is a specialist in real estate transactions. In the process of registration of the sale and purchase, he is the main assistant. Functions performed by a realtor:

assistance in the sale and search for the required apartment;
organization of viewing and displaying the apartment;
decision on the timing of the transaction;
organization of the payment of the deposit or advance;
consultation on all possible issues related to the purchase and sale;
verification of the submitted documents;
organization of the transaction and settlement.

The advantage of working with a realtor can be considered saving your time. Minus - cash costs. As can be seen from the functions of a realtor's work, these issues can be solved independently (with certain initial knowledge).

Required documents

In order to correctly and without delays arrange the sale and purchase of an apartment, you will need to collect a full package of documents. Without having any one the required document the deal is either delayed or even aborted. In this case, the seller runs the risk of disrupting the deal and losing the buyer. Preparation should be taken with care.

Documents required for registration of purchase and sale of an apartment:

Main documents:

- Identity documents (passport) and birth certificate (if there are minors under 14 years old).
- Certificate of marriage (if the seller is married), if the apartment being sold was purchased during the marriage. This certificate in mandatory must be formalized through a notary.

What a spouse's consent looks like (example):

Additional Information. The consent to the sale is necessary so that in the future the spouses do not have conflicts over the fact that the spouse sold the dwelling without the knowledge of the other.

Documents to confirm the ownership of the apartment (such a document may be a certificate of registration of rights, an agreement of rent or donation).
Technical or cadastral passport living quarters from BTI.

Note! The term of such a passport should be no more than 5 years. Otherwise, order through the bureau technical documentation new.

Permission from the guardianship and guardianship authorities. If the owner of the apartment (or its share) is a minor. This permission must be obtained to provide information that the rights of the minor are not violated.

Important! The permit is issued on the condition that the child will be registered in another apartment in the near future (to the one being bought or to see relatives). The child is obliged to have.

Three copies of the sales contract. Each of the parties (seller / buyer) receives one copy, the third is for the registration authority.
Seller's power of attorney and ID.

Note! The most common fraudulent scheme- This is the sale of an apartment, allegedly by proxy. Very often this document is fake. It is advisable to immediately check the trusted person for reliability.

Certificate of absence of arrears for the apartment.

Note! Buyers are eager to enter into a deal if the seller already has a full package of documents, and this is all because this significantly reduces the process of its registration.

Documents confirming the purity of the transaction:

- Extract from the Unified State Register of Rights to Real Estate (USRR). This document allows you to check the entire history of the apartment.
- Extract from the house book, received no earlier than 1 month before the proposed transaction. It reflects information about all persons living (registered) in the apartment being sold. Also, from the extract, you can get information about the presence of an arrest or encumbrance on the apartment (if any).

Additional package of documents:

- Death certificate. Necessary if the spouse of the owner of the apartment has died.
- Previous sales contract.
- Certificate of the seller's legal capacity. It is only needed if the seller is old man, a disabled person or a suspiciously emotional person.

Note! Often there are cases when the purchased apartment is returned through the court to the owner or a relative of the owner due to his incapacity.

For example, very often elderly grandmothers, who are already poorly aware of their actions, sell their apartment for a low cost to strangers. As a result, it turns out that the grandmother was simply in an inadequate state at that time. Therefore, it is recommended to always require a certificate of legal capacity from the seller.

What documents are required for the sale of an apartment (video)

The video tells about the basic documents required for the sale of an apartment. The nuances of the transaction are considered in detail. Consultant - director of a real estate agency.

Read more about the documents required for the sale of an apartment-. If you are interested in a list of documents for purchase, then it is.

Where documents are submitted

You can draw up a contract of purchase and sale of an apartment in the following places:

At the Multifunctional Center (MFC).
At Companies House.

You can even draw up a sales contract at home. But this applies to simple transactions that do not involve complications, for example, in the form of registration of shares. In other cases, specialist advice is required.

The order of registration of the transaction

In order to arrange the purchase and sale of an apartment in the correct order, you need to plan in advance the course of your actions.

At the first stage, all documents are collected (it is advisable to take care of the availability of additional documents). Then the seller must queue up at Rosreestr to register property rights.
At the second stage, a contract of purchase and sale of an apartment is drawn up and certified. An act of acceptance and transfer of the sold apartment to the buyer is drawn up.
The third stage involves a cash settlement with the seller, the passage of state registration and receipt of the keys to the apartment.

The image shows an approximate plan for the sale and purchase of an apartment:

How is an apartment sale and purchase agreement drawn up?

This agreement is drawn up according to a single sample. It can be compiled in print or in writing (but not orally).

Sample contract of purchase and sale of an apartment:

Before concluding a contract for the purchase and sale of an apartment, both parties must discuss the entire process of the transaction, discuss all the nuances and conditions of the future agreement, as well as the procedure for calculating. One of the main points is setting the exact price of the apartment. If the seller lowers the cost of the home in order to "reduce the tax", then in the end he can easily cheat the buyer.

After completing the sales contract, you need to sign it.

Important! It is advisable to settle accounts with the buyer in the presence of reliable witnesses or with a notary.

How much does the registration of the sale and purchase of an apartment cost?

If we consider registration with the participation of a notary or a realtor, then this process can become very costly, but more reliable. Let's consider the approximate cost of services in three options:

Purchase and sale at a notary

For the execution of the contract, the notary will take 1% of the transaction amount (if the apartment costs up to 1 million rubles), if the cost of the object of purchase and sale is more than a million, then the registration will cost ten thousand rubles + 0.75% of total amount transactions.

With the help of a realtor

Realtors usually take 2-4% of the cost of the apartment being sold. Moreover, all the work of a realtor consists mainly of elementary support, consultation and collection of documents (see above "functions of a realtor").

Self-registration of the purchase and sale of an apartment

Not a bad budget option for people who are more or less versed in the processes of buying and selling, as well as for thrifty people.

List of expenses:

The state fee is 2000 rubles.
- Technical passport of the apartment - from 1000 to 1500 rubles.
- Cadastral passport - 250 rubles (see also -).
- Certificate from Rosreestr - 200 rubles.
- Drawing up a power of attorney (if necessary) - 500 rubles.

IN this case The seller of the apartment does not spend much money on the transaction, but he is subject to all kinds of risks.

Note! Prices are approximate and may differ slightly from existing prices.

The nuances of an independent transaction without the participation of a realtor / notary

Selling an apartment on your own requires special care and attention. There are many nuances in this case, the main thing is to study and remember them:

It is advisable not to pay the amount of the deposit in excess of 80-110 thousand rubles. And be sure to take a receipt from the recipient of the money. Read how to compose it correctly.
It is not recommended to agree to the seller's request to deliberately lower the price of the apartment. The situation can turn against the buyer. And if something goes wrong, then the court will be able to recover only that smaller amount from the seller. Although it usually does not come to this, and the seller goes to it to avoid taxes.
If an apartment is purchased from a developer, then all documents and information should be checked very carefully:
The constituent documents of the developer (certificate of state registration, charter).
- Accounting reporting for all periods.
- Project declaration.
- Building permit for land.
If an apartment is purchased with a mortgage, it is very important to first resolve the financial issue with the bank. Sometimes it happens that the process of buying and selling has already begun, and the bank abruptly refuses a loan. As a result, everything breaks down.
During the acceptance and transfer of the deposit, it is desirable that it indicates the penalties that will need to be paid if the terms of the contract are violated.

Sample preliminary contract purchase and sale of an apartment:

If the seller / buyer has carefully studied all the points of registration of the purchase and sale of an apartment, prepared all the necessary papers, then he will certainly avoid many difficulties. After all, such a laborious process can be fraught with pitfalls.

Possible risks when buying an apartment (video)

Interesting and helpful information about the risks when buying a home, there are cases that are worth paying attention to. All about a dirty deal, undervalued and forgery.

Features of registration of the sale and purchase of a share in an apartment

If the owner owns a certain share in the apartment, then the sale of this share is very different from the sale of the whole apartment. This process is regulated by some rules and responsibilities:

The owner must have a document confirming the ownership of shares in the apartment.
It is necessary to issue a dedicated utility bill.
Before making a deal, the owner is obliged to notify the other tenants of this apartment about his decision and offer them to buy out his share.
It is imperative to issue a written notification to citizens living in the apartment about their decision to sell their share. It is desirable that it be certified by a notary.

Example of a notification of the sale of a share:

Note! Only after the refusal of other tenants of the apartment to buy out the share, the seller has the right to sell it to other persons.

Purchase and sale with the participation of relatives

Registration of a transaction between relatives occurs in the same order as discussed above (see "Procedure for processing a transaction"). It makes no difference who the buyer is, be it a grandson or a husband. Usually, families resort to this type of transaction as an alternative to a gift contract or, considering the sale and purchase more reliable and undeniable. Such transactions can even be considered fictitious, since most often no funds are transferred between its participants.

New rules for the sale of an apartment

Every year, the legislative authorities are making changes to the rules for selling an apartment in order to simplify the procedure and reduce speculative transactions in the real estate market.

Changes to the terms of sale:

The sale of a share in an apartment must now be registered with a notary.
When dividing property in a marriage, it is necessary to notary all documents confirming this process (and an agreement on the division of property).
If the apartment for sale has been owned for less than 5 years, then it is encumbered compulsory tax 13%. Previously, the term was only 3 years. There are also exceptions: tax levies(after 3 years) apartments inherited during donation (see also -), rent and privatization (see also -) will not be taxed.

Despite such a laborious process of registration of the sale and purchase of an apartment, with the right approach, it will not be so difficult to make a successful deal. If a realtor or a notary intends to manage the process, then this information will be useful to the seller for information purposes. And if an independent organization is planned, then this article will become an indispensable assistant in paperwork.

In the next article, you will learn.

Buying a residential apartment is not only the conclusion of an agreement with the seller, this step is preceded by a document check and legal purity real estate... If this stage is neglected, problems may arise with the registration of property rights, as well as there is a high risk of encountering other unpleasant situations.

You, as a buyer, should know what documents are needed to buy an apartment in each case that you may encounter. But the most important thing is to know exactly what to look for when checking the presence and content of these papers.

In the process of checking documents, several key points are analyzed:

The better you prepare, the less risk of problems later on.

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The main package of documents for the purchase of an apartment

When agreeing with the seller to inspect the apartment before buying it, the latter should already have the basic documents ready for you to look at. What kind of paper these are, consider below:

This is the main list of those documents that will be needed when you need it For the safety of the acquisition of real estate, it is in your interests to request additional, extended information and pay attention to the nuances in each individual case.

Contract of sale

Even if all the details have been agreed with the seller and you are satisfied with everything, never sign a purchase and sale agreement without first reading each of its points and checking the information with the data in the documents. The original of the contract must have at least three copies, that is, one for each participant in the transaction and one for Rosreestr. Items can be included at the discretion of the parties, but the mandatory data include:

Without these clauses, the contract is declared illegal and the transaction is canceled.

A copy of the sales contract is included in mandatory list documents for the purchase of an apartment and re-registration of ownership rights. For greater guarantees, an act of acceptance and transfer of the object can also be signed between the parties, so that after that there are no claims, but before that it is advisable to show it and the contract itself to a lawyer.

Receipt

The conditions for the transfer of funds should be spelled out in the contract as a separate clause clearly and without ambiguity: when, how much and in what way the buyer transfers to the seller.

The contract itself is only a confirmation of the existence of mutual obligations between the parties, but does not confirm their fulfillment. Therefore, it is in the interests of the buyer to fix the transfer of money with a receipt for their receipt.

In the event of a dispute between the parties, this document will serve in the buyer's favor.

Requirements for drawing up a receipt as an official document:

Those who previously bought an apartment and had a dispute with the seller afterwards can confirm that documents confirming the fact of payment are needed, whatever the relationship between the parties initially, even if they are related. In this case, the court will not take into account the receipt if it does not contain all of the above information, since even without one of them it will not have legal force.

How to check for legal purity

Before buying an apartment, you can check the documents for legal purity yourself, but if you do not have such experience and it is difficult for you to clearly build a sequence of your actions, it is better to entrust this task to a professional. The presence of problems is indicated by inconsistencies in documents and data in papers, which are drawn up at your additional request for the purchase of an apartment of interest. What points you need to check:

Take your time, checking the legal purity of the transaction, so as not to face an unpleasant surprise afterwards.

Buying a new building

Acquisition of living space in a new building has two main options for concluding a transaction:

Contract equity participation prepares the developer according to the standard model for him. Please note that it contains all the required details, full information about the parties entered sum of money, construction period, signature and seal. For greater confidence, the buyer has the right to certify the DDU in a notary office.

The developer must also provide the necessary documents for the purchase of an apartment in a new building in the form of a copy of a building permit and a project apartment building with the address, area of apartments.

The next important document is a description of the apartment and its scheme for which you are making a contribution. It is signed by both the seller and the buyer.

It is also important to check the documents giving the developer the right to the land where the construction works... Look at the insurance contract, it should be in any case. Likewise, they cannot hide from you documents about the company, orders for the appointment of a manager.

You will also receive an act of acceptance and transfer in your hands, which is signed after the construction of the house and its commissioning.

Secondary housing

The risk of challenging transactions with the alienation of real estate that was purchased on the secondary market is significantly higher than in the case of new buildings. What is needed to make the purchase of an apartment safer and not entail undesirable consequences is to contact a specialized lawyer before signing the documents and making a deposit.

Often, contracts are disputed if there are disputes between the heirs on the part of the seller, a conflict of former spouses, the incapacity of the current owner of the object, registration and violation of the rights of minors, registered persons who cannot be evicted without a trial. That is why it is important to require not only basic documents for the purchase of an apartment, but also extended extracts from the USRN and the house book. Moreover, the date of their issue should be as fresh as possible, since in fact it is only one day.

Buying a mortgage

If you want to purchase a living space using a mortgage, you will need to prepare not one package of documents, but two: one for the bank and the second for Rosreestr. First, you choose the option for buying an apartment, ask for the seller's basic papers for real estate (copies) and provide them to the bank, where you will be issued a loan. In addition, unless the notarial consent of the legal spouse is required for the purchase of housing on a mortgage. The bank checks the legal purity of the facility independently, controls the collection of papers, and then makes its decision.

If the bank makes a positive decision, you conclude a deal with the seller and prepare a similar package of papers for re-registration of rights. You can apply for registration to Rosreestr or to the Multifunctional Center, where both transactions (purchase and mortgage) will be registered as one. The loan will further serve as an encumbrance, which will be removed only after full repayment loan. There is only one government fee that the buyer pays.

Purchase from the developer

To buy a residential apartment from a developer, the main document that you get in your hands is a shareholding agreement. You collect a complete list of documents for filing with Rosreestr in order to register your ownership of real estate. This is possible only after the commissioning of the house. You will need:

Application for registration and receipt of payment of state fees;
Earlier registered preschool institution;
Acceptance certificate;
An extract that the entire amount for the apartment has been paid;
Cadastral passport;
Buyer's passport.

Papers concerning permits and commissioning of an apartment building are submitted by the developer independently.

It is especially worthwhile to approach the reception of the apartment and the signing of the deed with responsibility. If you have any comments, you noticed imperfections, inconsistencies with the declared, this must be indicated in the act, fixing the time frame in which the developer must eliminate the deficiencies.

Purchase with parent capital

The maternity capital assistance program allows you to spend the entire amount on the purchase of housing for the family. The rest of the funds are paid either from their own savings, or a mortgage is issued. A purchase without a loan, but with maternity capital, is legally possible only if the child for whom the certificate was obtained is three full years old.

Initially, you need to conclude a deal with the seller, and then contact Pension Fund with an application to obtain approval to use the maternity capital. What documents are needed when buying an apartment with a motherboard:

The passport of the recipient of the certificate;
The original of the certificate itself;
Personal account insurance number (SNILS);
Birth certificates of children;
Copy of the sales contract;
Extract from the USRN on the ownership of the living space.

The transaction itself is standard, with one caveat - it is important to indicate in the contract that part of the payment will be made at the expense of maternity capital and register the amount. If this condition is not met, the Pension Fund will not transfer the money.

In this case, there are two difficulties:

The Pension Fund reviews your securities within a month, and the money is transferred to the seller's account within two months, so finding a seller who agrees to wait is not so easy;
If you do not pay enough attention to the requirements regarding housing that can be bought for mother capital, there is a risk that the PF will refuse you, and you will have to pay off the rest of the amount on your own.

When applying for a child

To register the purchase of an apartment in ownership minor child the same documents are required as for a regular residential real estate transaction. There are only small nuances in this case:

It is necessary to draw up a contract for the purchase of an apartment, stating in it that the parent is acting in the interests of the minor. Among the documents that are submitted when registering rights, there must be a child's birth certificate or his personal passport. Guardianship approval is only required if you sold your child's previous home in order to buy another apartment.

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Last updated January 2019

To buy an apartment, it is not enough to conclude one purchase and sale agreement. The sale and purchase transaction is subject to state. registration and only from the moment of such registration the ownership passes from the seller to the buyer. In order to register a purchase, you must submit a certain package of documents to the reg. service.

Of course, the seller provides the bulk of the documents, the buyer only needs to present his passport, pay the state duty and write a statement. However, if you do not show concern and do not control the seller, then you will have to submit the documents to the registration office several times until all the shortcomings are eliminated. And this is time and nerves.

What documents are needed when buying an apartment

1. Statement of state registration ... Application forms can be found on the official website of the Russian Register, there is also an annotation for filling it out. You can also contact the help reg. services (in any registration office there is a special office), they will issue an application form and tell you how to fill out its details.

2. State fee... It must be paid by the buyer and presented in the original. In most cases, the fee is 1,000 rubles. However, some transactions have specific features and the amount of the fee may be different. It is better to consult a registration service specialist before paying.

3. The contract of purchase and sale of an apartment... This agreement is drawn up in triplicate for the parties and the registration office. The contract must contain the necessary information:

date and place of drawing up the contract;
full data on the seller (sellers) and buyer (buyers): full name, place of residence, date of birth, passport data, description of documents of the legal representative (if children are involved in the transaction, incapacitated, disabled);
that the seller expresses the will to transfer the ownership of the apartment to the buyer, and the buyer is obliged to pay its cost;
full description of the apartment, as indicated in the cadastral passport (name, address, area, cadastral number, etc.);
information about the state registration of the seller's right;
the cost of the apartment, the term and procedure for its payment;
about the absence of debts, encumbrances and arrests;
on consent to the transaction on the part of legal representatives, spouses;
the fact that the layout of the apartment corresponds to its actual state;
about the absence of registered persons;
that unauthorized persons have no claims, and the apartment is not a subject of legal dispute.

Without such information, the contract may be recognized as improper and not registered, or in the future the buyer will have difficulties with such an apartment, up to the deprivation of his ownership.

An act of acceptance and transfer of housing must be attached to the contract. The agreement will not be complete without an act. The registrar will definitely require it, since the act confirms the fact of the transfer of the apartment.

4. Cadastral passport... If earlier he did not submit to the registration service, now his submission is mandatory. In the event that there is a copy of the passport in the rosregister, re-presentation is not required. note that technical data sheets lost since 2008 legal force and therefore they are not needed at all for registration.

5. Consent of the seller's spouse... If the seller is married or recently divorced, and the transaction is made on behalf of one of the spouses, then the consent of the husband / wife (ex-husband / wife) is required. The consent is obtained from a notary on a special form.

6. Extract from the house register... This document contains information about registered persons (see).

7. Citizen's passport... All parties to the transaction (seller, buyer) submit their passports to the registrar to confirm their identity.

You should know that such a package of documents for the purchase of an apartment is required in most cases. However, depending on the parties to the transaction, special conditions of the contract, the method of buying an apartment will need to be presented (in addition to the specified documents) additional

Consider the most common options for buying an apartment

Buying a share in an apartment;
Registration for a child;
In a mortgage;
In a new building.

We buy a share in an apartment

It is not uncommon for a situation to arise when not the whole apartment is purchased, but only a part of it (share). The procedure for buying a share in an apartment is similar to buying a whole apartment. However, there is significant differences.

Firstly, a mandatory notarization of the transaction is required (in any variant of its execution).
Secondly, if the contract is not concluded between equity holders common property, that is, not between "their own" (for example, in an apartment there are 2 shares of ½ each shareholder and one co-owner sells his part of the apartment to another), but between the shareholder and a person from the outside, thento standard package the refusal of other equity holders from the priority purchase of the share is applied.

Such a refusal can be certified by a notary, although this is not required by law. Refusal is written in free written form. It should clearly reflect:

who refuses;
what share he refuses;
what is the share of the refuler in the apartment (cadastral number, address, size);
the cost of the share for third parties and the procedure for payment.

Instead of a refusal, confirmation may be provided that the equity holders received an offer to buy a share (postal receipt or against signature), but did not respond to such an offer within 30 days.

If you buy an apartment for a child

The list of documents for registering a home purchase for a child is similar to the list of documents for an ordinary apartment purchase, but with a small nuance. Depending on the return of the child, it is required to submit to the reg. service:

parental consent to purchase(to conclude a sale and purchase agreement), if the child is from 14 to 18 years old;
sales contract signed by the parent on behalf of the child if a minor buyer is under the age of 14. The contract stipulates that a particular parent acts in the interests of the child.

And in any case, it is also provided in the rosregister child's birth certificate.

One more clarification. If the child has not previously been the owner of the home, then the custody permission is not required for the transaction. Such permission will be required if the minor acquires an apartment in connection with the sale of another apartment that belonged to him.

Buying an apartment with a mortgage

It should be noted that for a mortgage, two sets of documents must be submitted:

to the bank;
for registration.

With regards to the bank, the documents are submitted for issuing consent for lending. Each bank has its own requirements and, depending on the specific case, the list of documents may vary. In any case, the collection of documents is carried out under control bank employee, therefore, there are no difficulties in their list and content.

When the issue of a loan is fundamentally resolved, it becomes necessary to prepare documents for registration.

In the registration service, the purchase of an apartment on a mortgage is formalized as two transactions in one. That is, they register the purchase and mortgage of an apartment, and at the same time. To do this, submit documents for the purchase of an apartment, which were indicated above, and an additional package for a mortgage:

bank and buyer applications for mortgage registration... As a rule, bank employees, when preparing for registration, help the borrower fill out an application. Therefore, there are no problems with the preparation of this document;
document confirming payment of the state fee... Unlike the duty on the purchase of an apartment, a mortgage provides for payment by both the bank and the buyer-borrower. State duty:
1. for the buyer is 500 rubles;
2. for the bank 2000 rubles.
Thus, the total amount of state duty for the buyer (for registering an apartment and mortgage) is 1,500 rubles.
mortgage agreement(mortgage). These documents are drawn up by the bank and submitted to the registration. Sometimes banks require notarization of the contract.
loan agreement(loan agreement). These documents are also produced by the bank, the borrower can only agree to its terms or refuse to sign the agreement. The borrower, as a rule, is not given the opportunity to determine the content and terms of the agreement.
consent of the second spouse for a loan and a mortgage. Such consents are obtained from the notary at the buyer's expense. It happens that banks require a notarial consent from the buyer (borrower) to collect the mortgage out of court. Such a requirement can be unlawfully reported to a bank employee. You will be relieved of this obligation.

Buying an apartment in a new building

There are two options for purchasing housing in a new building:

purchase of a ready-made apartment in a house put into operation;
participation in shared construction apartments.

In the first case, the apartment already has an owner, be it a developer or a person to whom the property is registered on the instructions of the developer. Therefore, the purchase will be made on the basis of buying on the secondary market.

With regard to participation in shared construction, then for the final purchase you need to go through two stages:

registration of an equity participation agreement;
registration of ownership of the apartment for yourself.

What documents are needed for an apartment in a new building when concluding an agreement for equity participation:

application for registration of a contract... Such a document is submitted by both the developer and the buyer. As a rule, assistance in filling out the application is provided by the developer's lawyer. Also, samples can be found on the Rosreestr website or at the stand at the registration office.
receipt of state fee ... The developer pays 2000 rubles, the buyer - 100 rubles. Everyone pays for himself.
equity agreement... Such an agreement provides for:
1. information about the parties;
2. information about the apartment and the house in which it will be located;
3. construction time;
4. the amount of cash injections of the buyer.
The contract is lent in triplicate; a mark of registration is put on two copies for the parties, the third remains in the Russian register.
At the request of the buyer, such an agreement can be certified by a notary.
building permit... This document is obtained from the municipality by the developer. It indicates where and at what time the house will be built.
project for a house and an apartment in this house
apartment building plan, including information about the address, about apartments with their area, about other non-residential premises in the House.
apartment description... The document is signed by the developer and the buyer. The description is presented in the form of a diagram of the location of a quart in the house, with comments on what area of the apartment, floor, etc.
document to the land where the house is being built... We are talking about the property of the developer or leased by him land plot, on which the new building is being erected.
insurance contract... The seller must insure his risks in case of non-performance of the construction contract. Insurance is carried out at the expense of the developer.
buyer's passport
developer's constituent documents:
1. charter;
2. certificates of state registration and TIN;
3. protocol (decision) on the appointment of the director;
4. extract from the state register of legal entities.
Of these documents, the buyer submits only an application, state duty and an agreement to the registration service.

The rest of the documents are provided by the developer. The buyer should only make sure that they are collected and control their submission to the Rosregister so that there is no refusal to register.

What documents are needed to register property in a new building

property registration statement... The application is submitted only by the buyer.
state duty receipt(size 1000 rubles);
share agreement previously registered with the registration office;
deed of transfer... The document on the transfer of the apartment from the developer to the buyer. Two original copies are provided to the rosregister.
certificate of payment of the entire amount for the apartment... The developer prepares the certificate and hands it over to the buyer.
house commissioning permit where the apartment is located. This document is provided by the developer in the rosregister.
cadastral passport for the apartment... When the customer's house is handed over to the BTI, he orders such passports and later transfers them to the buyer.

Where the specified documents are submitted

In the above situations, documents should be submitted to:

territorial department of the registration service;
department of the MFC at the place of residence of the applicant.

When submitting documents, the buyer himself or a person under a notarized power of attorney must be present.

Ready documents are received at the same institution where they were handed over upon presentation of a receipt issued by an employee of the registration service (MFC) when accepting documents. The registration period is no more than 18 working days.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if there is a detailed answer to such a question, then your question will not be published.

Buying real estate is a serious matter, and it is highly undesirable to confuse anything when preparing it. Today, this market is not as risky as it was in the 90s, although every day thousands of people pay money to real estate agents and other "specialists", hoping that this will add "reliability" to the transaction.

There is a significant part of the illusion in this: the agent provides "information services", and most often does not bear legal and financial responsibility.

Therefore, it is you who need to understand all the documents required for the transaction: this is in your interests.

What documents are needed when buying an apartment

We buy real estate on the primary or secondary market. According to law 250-FZ, the term for registering an agreement with Rosreestr is 18 calendar days.

When buying a home in a new building, there are two options:

in an already rented house.
Participation in shared construction.

At the time of buying square meters in a rented house - the procedure is the same as when registering an apartment on the secondary housing.

If you are involved in shared construction, then first the equity participation agreement is registered, then, after the building is put into operation, the ownership is formalized.

To register a preschool education, the buyer is required to provide:

Application (the form will be issued on the spot).
Your copy of the RC agreement.
A receipt for payment of the state duty of 100 rubles and its copy.

When buying an apartment on the secondary market, most of the documents are provided by the seller.

The deal is registered with Rosreestr (formerly with the Federal Reserve System).

Sales and purchase documents can be divided into two packages. The first is those that are required for submission to Rosreestr. The second is those securities that should be requested by the buyer from the seller for greater security of the transaction.

List of documents when buying an apartment for submission to the local branch of Rosreestr:

Do not start the procedure without checking the legal cleanliness of the apartment.

Additional package of documents required upon purchase

List of documents not required for submission to Rosreestr, but interesting for the buyer:

If the apartment meets your needs and you decide to give a deposit to the seller for it, then do not forget to draw up a deposit agreement correctly.

If you are not sure that the seller has provided you with a full package of papers or doubt their authenticity, then entrust the verification of the documents to a lawyer specializing in transactions with residential real estate.

Power of attorney for the purchase of an apartment

A trusted person can buy an apartment. In this case, the purchase can be made by a general power of attorney or by a power of attorney with limited actions.

The execution of the document takes place at a notary. In order to issue a power of attorney, it is necessary to provide the passports of the principal and the trustee, documents for the apartment (usually a certificate of ownership and a document on the basis of which this object belongs to the owner is sufficient).

The cost of issuing a power of attorney depends on the degree of relationship. For example, a power of attorney for a spouse is cheaper than a power of attorney for a real estate agent.

A dwelling can be sold through a proxy, for example if the seller lives abroad. In this case, it is necessary:

Carefully study the content of the power of attorney (does the authorized person have the right to sell, and under what conditions he can carry out the transaction).
It is advisable to ask the notary who certified the document whether it was actually issued.
Try to make sure that the seller is alive and of sound mind at the time of the transaction.

When buying an apartment through the seller's confidant, you should not prescribe the transaction amount below the real one: there is a high risk that the seller will protest the transaction in court, arguing that his interests have been violated (the price, for example, is 2 times lower than the market price).
The sale is recognized as illegal and you will be refunded the amount specified in the contract.

Spouse's consent to purchase an apartment

After 03/01/2013, the consent of the husband or wife to purchase an apartment is not required.

Documents when buying an apartment can be conditionally divided into title and information that confirms the fact of registration of property. To buy an apartment, information about the technical condition of the living space, certificates of the absence of debts and encumbrances are relevant.

The question of what documents will be required to acquire their own "square meters" interests any buyer. The list depends on whether the housing is being sold in the secondary market, in a house under construction or in a new building, finished, but completely or not at all inhabited. To buy an apartment, you need to require the seller to provide all legally significant information about the housing, regardless of the life of the house.

Documents when buying an apartment in a new building

The verification algorithm and the list of information depends on whether the house is under construction or has already been commissioned. The buyer of real estate in a new building should be interested not only in a specific apartment, but in information about the developer, land plot; information about the presence of encumbrances on a multi-storey building.

Apartments in unfinished houses are subject to registration under an equity participation transaction, less often on the basis of a preliminary purchase and sale.

Buying a home under a shared ownership agreement

It is advisable for future equity holders to make sure that the developer company has impeccable execution of the following documents:

investment agreement - indicates information about the number of apartments, their purchasers, characterizes real depositors in real estate construction;
project declaration, with a plan for the location of apartments in the new building and related infrastructure;
technical documentation, indicating reliable information about the condition of the house: its foundation, utilities;
construction permit - it is worth making sure that it is provided to a specific developer.

The buyer of a home in a new building needs to make sure that legal documents to the ground... You need to carefully study their content. This could be a certificate of ownership of a plot intended for the construction of an apartment building or a long-term lease agreement with the municipality.

According to Art. 15.2 Federal Law No. 214 of 2004, the developer must insure his liability. It is advisable to inquire about the availability of a guarantee reliable bank... It is provided for the full fulfillment of all obligations to equity holders.

When buying an apartment in an unfinished building, it is important to get interested in the developer's constituent documents in a timely manner. Experts pay attention to whether the organization has a charter, a certificate of state registration legal entity; power of attorney of the representative for the execution of contracts with buyers.

It is recommended to take an extract from the Unified State Register of Legal Entities - no later than one month after the decision to purchase real estate was made. Will be the right decision buy housing in a new building by equity participation. The conclusion of a preliminary contract is fraught with consequences. The developer may refuse to sell the apartment and will have to formalize the purchase through the courts.

Documents for an apartment in a finished new building

It is easier to find out what documents are important when buying an apartment in an already built and commissioned house. The buyer is advised to check the entire list of documents. It includes:

land ownership certificate or lease agreement;
floor plan of the building and explication;
a contract for the sale of an apartment in a new building, drawn up in accordance with the rules of Art. 551-558 of the Civil Code of the Russian Federation;
an extract from the Unified State Register of Legal Entities - to certify the developer's powers;
real estate transfer and acceptance document.

After completing the transaction, the buyer applies to Rosreestr and receives a certificate of ownership for the new living space. For registration actions, you must pay a state fee - in the amount of 1000 rubles.

When buying an apartment, it is advisable to make sure that the house has been commissioned and state expertise quality of housing in a new building. The proper execution of such a document does not exclude the importance of a personal check of the quality of the purchased living space.

Documents for buying an apartment on the secondary market

Unlike housing in a new building, the secondary market is more unpredictable. You will not have to check the developer, but the documents of the citizen or the selling company. Owners of used real estate can make independent and not always legalized changes to the structure of the premises. The risk of possible claims to living space by third parties is also higher.

The list of documents for verification when purchasing real estate on the "secondary housing" will be as follows:

certificate of ownership of the apartment (with the designation of the series, number, information about the owner of the apartment, possible encumbrances - ordinary pledge, arrest, mortgage);
technical and cadastral passport for the "secondary housing", with the absence of illegal redevelopment;
extended extract from the USRR on the state of real estate, which indicates information about the past owners, the grounds for the transfer of apartments to them;
a document that fixes the transaction of alienation of real estate and the transfer of money - a contract of sale, donation, annuity with permanent dependence. As a basis, the seller can also present a court decision on the establishment of property, a certificate of inheritance, a privatization agreement;
(from the spouse, guardianship authorities). Its registration is mandatory when the apartment remains common at the time of implementation. An exception can be made if there is a marriage contract between the husband and wife and the housing belongs to one of the spouses.

Registration of permission - necessary condition, when real estate is purchased on paid transactions - sales, barter, rent. A notarized permission is required when the apartment is transferred to the spouse - as a legal inheritance or a gift.

The list of documents should be supplemented with the permission of the guardianship authorities, if the owner of the apartment being sold is a minor. Such consent is signed one month before the actual sale of the apartment.

The list of documents includes information that is presented at the request of the buyer: a certificate of the absence of debts for utility bills, a copy of the seller's personal account, a document from tax service... The purchase ends with the issuance of a certificate of ownership of the living space - after filing an application with Rosreestr and paying the state fee.

Other nuances

What documents are required to buy real estate is a question that requires not only the formal availability of certificates and references. It is important to check the seller's reliability in time.

It may be necessary to issue a certificate from a neuropsychiatric dispensary, if there are grounds for the seller's adequacy. If it turns out that the contract was signed with a person who has been deprived of legal capacity, then the transaction is declared invalid and the apartment will have to be returned according to the rules specified in the Civil Code of the Russian Federation - Art. 171.

Before you find out what documents should be presented to purchase real estate, you need to make sure that there are no registered persons on the living space. This can be done by requesting an extract from the house register. It is possible that people who have the right of indefinite residence will temporarily be discharged from their homes and later, through the courts, will demand registration with the already new owner.

There are situations when a person is temporarily discharged - goes to the army, is sent by a court decision to the MLS, or ends up in a psychiatric hospital, and then returns and tries to register again on the living space - then conflicts with the new owner are inevitable.

It is important to make sure that there are no claims for the acquired property from the possible, but not "successful" heirs of the seller - by signing them a waiver of the inheritance with a notary.

Checking the "legal cleanliness" of housing, new or on the "secondary", is usually done by a competent specialist, but the buyer should carefully study all the documentation to be sure of the benefits of the transaction and its successful completion.

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