The sales procedure of the apartment is a serious test for the owner, fraught with stress and a lot of nerves spent. To minimize negative impressions from the sales process, it is necessary to approach it as prepared as possible and collect a predetermination of the required documents. About what kind of documents is and where they will be taken in the article.
Main document set for apartment sale
Despite the fact that after March 1, 2013, the design of the contracts for the sale and sale of premises with residential status does not require official registration in obligatory, Collect certain documents will still have to collect.The registration itself is the fact of the transaction, which must be fixed in Rosreestre. The following paper is needed for this procedure:
- Passports or other types of documents capable of certifying the identities of all owners participating in the transaction. In addition to the passport, these documents include: official certificate or certificate of prescription to part - for military conspiracy or officers, the passport of the civilian sample - for living abroad, a national passport with an ATS mark or a residence permit - for foreigners and a birth certificate - for Persons under 14 years old.
- Certificate of ownership of residential premises (or part of it, when the apartment is not fully for sale). In the absence of a document (loss), it is ordered again in the registration chamber. Duplicate will prepare for about a month, and will cost 200 rubles paid state duty.
- A document confirming the right to sell the parties to possession and disposal of the apartment (or part of it). As such documents, there may be: a contract of sale, privatization, donation, exchanges, as well as notary paper about.
- Three copies of the sale agreement signed by all participants.
In addition to documents general orderSupplements may be required for private cases: - Consider to carry out a spouse's transaction, in the event of a purchase during the action of marriage. Even if at the time of sale of spouses divorced, necessarily the consent of the former partner. The exception to the rule is possible if there is, with clearly prescribed property rights and at the death of one of the spouses. In the event of death, it is necessary to submit the established evidence.
- Permission to deal from state care bodies, in case the owner (or one of the owners) of a minor.
- Parents prepare and present a child's birth certificate (or passport), form 9 (discharge from the house book), ownership and explication documents ( technical certificate) both for sold and purchased housing.
- If the child reached 14 years old, he together with his parents (adopters or guardians) comes to the custody bodies, and all three write a statement about the desire to sell old housing and acquire a new one. The presence of children under 14 is optional. Father, and mother, even if they are divorced in the guardianship authorities. The presence of passports in all three must.
- The verification and consideration of the application are carried out within 2 weeks, after which a written decision is issued: permission or refusal to carry out a transaction.
Additional documentation set for decoration of the sale transaction
In addition to the package of the main documents required by the registration authority, you need to collect securities and to transfer to the buyer. Consider in more detail what kind of paper.Cadastral plan - A document containing the main characteristics of the housing: a Metrah, Main Planning, Presence / Lack of Balcony, Location Floor, Redevelopment, etc. The plan includes also a graphic component, schematically reflective apartment planning with detailed dimensions.
Technical passport for an apartment - A document containing the characteristics of an apartment of a technical character: the area, the year of building buildings, the year of overhaul, building materials and communications.
The document is necessary for additional tenants, setting the amount of tax of housing, conducting, determining the size of communal payments.
The initial document is drawn up after construction and primary inventory housing. Obtaining a vehicle is possible in BTI or Pib organs on a fee basis. The cost of the service depends on the term: the usual order (15 days) - state duty of 900 rubles; Accelerated order (7-10 days) - state duty of 1300 rubles.
Certificate of Form No. 9 (extract from the house book) - A document containing information about citizens registered at the address. At the time of sale, usually, all previous owners are discharged from the apartment, which informs this certificate. The document is issued for free of charge in the district passport office and is considered valid within a month.
Extract from EGRP.- a certificate that includes information from a single state register of rights, confirming the authority of the Seller to own and dispose of real estate (apartment). Also, the extract informs about the availability of possible burdensive factors, trial claims and litigation.
Order a certificate can any citizen of the Russian Federation or a legal entity on the Rosreestra website, in the city department of the IFC or in law companies specializing in providing such services. Price of statements - state duty 200 rubles for citizens, 600 rubles for organizations, service cost legal companies - from 500 rubles (except for state duty).
Copy of the personal account and certificate of the absence of municipal debts - Documents are provided by the accounting of the passport table or management companies. Documents are not mandatory, but it is advisable to provide them to the buyer. The client may also require a contract with telephone, television and Internet companies serving an apartment and to ask the presence of debt to them.
Certificates of the installed sample from narcological and PN dispensersor the driver's license selling an apartment is required to confirm the adequacy and legal capacity of a citizen. Help is issued by territorial institutions on a fee basis, the cost of references is from 700 rubles.
Help from MIFNS The absence of debt on the tax to be paid from apartments resulting from donation or inheritance.
When selling apartments in normal cases, these documents should be enough for conducting and registering a deal. However, there are several situations requiring separate consideration.
Additional documents necessary for designing apartments with special conditions
Sale of Square with Mortgage Attraction
If the buyer for the purchase of housing attracts the Bank providing mortgageit will surely need independent score Apartments and determination of its market value.For this purpose, the appraisers of the expert company are invited (better if it is experts from the company by an accredited bank), which inspect the apartment, make up a full report on its condition and determine market value object. The cost of services of appraisers pays the buyer, from the seller, it is necessary to ensure the access of specialists in the apartment. The document with the results of the assessment is preparing for about a week.
Sale of part of the apartment
When selling a room or part of a privatized apartment to the main set of documents, you must add written refusals of the remaining owners of housing from the opportunity to use their right to prevail this share.If there is no possibility to get a written refusal of neighbors, it is necessary to send them a letter with a notice by mail, in which it is officially notified to sell the living area for the established price and under certain conditions. In the absence of an answer during the month - you can make a certificate of refusal to notarize. In the case of the presence of an unsuccessted area in the apartment - urban authorities are notified in writing. You can also, whether it is possible to sell an unjustized apartment.
Registration of a deal with a legal entity
If the contract lies between the parties, one of which is the organization (the person passed legal registration), it must provide documents that additionally guaranteeing its legal capacity. Namely:- articles of association;
- script and copy of the certificate of state registration;
- the document, in accordance with which the person signing the documents is empowered by the authority, the meeting, decision or order of the appointment.
Buying real estate (apartments, houses, rooms) for any family or citizen - a step is unconditionally, a significant and pleasant, but also more responsible.
To subsequently not be in an unpleasant situation (for example, challenging the transaction or the emergence of persons entitled to accommodate in the apartment), it is necessary not only to evaluate the technical condition and housing parameters, but also to carefully check the supersonent documents on it, as well as analyze the history of previous transactions with Him.
What documents should be the seller apartment
To make a transaction for buying an apartment (conclusion of the contract of sale, and then state registration of the transition of ownership of real estate, it is necessary to prepare a whole mandatory package of documents: the right-standing attributes - by the seller, and documents confirming the identity of the seller and the buyer (or sellers and buyers ). This is primarily:
- The document in which the apartment was purchased at one time (transfer to property (privatization), exchange, donation, purchase and sale, etc.);
- Certificate of ownership (if it was issued until July 15, 2016), or an extract from EGRN / EGRP, confirming the state registration of ownership of real estate;
- Documents from BTI (explication and package).
These documents for buying real estate should be from the seller.
In addition, they will need documents on the identity of the Seller and the Buyer (for Russian citizens - passports, for military personnel - a military ID, the birth certificate of children under 14, for foreigners - a residence permit).
What documents are needed by the time of the transaction:
- Extract from the house book (certificate of living);
- Certificate of the state of the personal account (absence or availability of debts on the LCD);
- Notarious consent of the spouse (if the apartment is general property);
- The permission of the guardianship bodies to the transaction, if the cracks of minor children are affected;
- Extract from EGRN, with information about the absence of burdens and arrests. It can be obtained within 3 days in the Rosreestra department, in MFC, or requested by a notary (in electronic form, following the next day). The state duty is paid for her receipt (750 rubles for paper certificate, 300 rubles for electronic document).
- Consent to the sale of an apartment where minors are registered, gives the body of guardianship and guardianship within a month after the provision of documents (free of charge).
- An act of assessing the apartment (from 2000 rubles, for the secondary market);
Interestingly, almost all documents from the given list of documents should prepare the Seller, and only passports will be required from the buyer (if it does not concern mortgages, etc.)
What documents are needed to buy an apartment
Currently, housing purchase contracts do not require state registration (the law of 12/30/2012 No. 302-FZ), but then the transfer of ownership should be registered in Rosreestre (). When performing registration actions, Rosreestra specialists check the authenticity and compliance of the guidelines for the established requirements and can return documents to the parties to the transaction without registering the right. That this does not happen, the package of packet package should be considered in full responsibility.
It is important to know that the list of documents for the transaction is open, that is, in each case, depending on the part of the parties of the transaction or the status of real estate (new building, "secondary", etc.), documents must be (may be) different.
The procedure for issuing documents when buying real estate and their list
In general, when making the purchase and sale of housing, it consists of a seller of the following steps:
- Of course - passport.
- Consent to the transaction from the spouse, if any.
- When buying a mortgage - certificates about your income, on deposits, as well as about property, which can serve as a pledge, etc. In different banks, requirements may be different, so ask your agent or employee banking organizationwith which you work.
- The contract of sale in which all the terms of the transaction will be spelled out.
Only after receiving current documents can be started with the design of the contract of sale.
But in some cases there may be features ... buying housing in a new house, in a mortgage, or on the secondary market - these are different situations!
New building
When buying an apartment in a new building a deal can be framed as an investocrad, participation in equity construction (DDU), entry into the partnership, diet payment, assignment of the rights of claim.
In any of the listed cases, first sign preliminary agreement Buying and buying, and before that it is necessary to check the package of documents of the developer (decree and permission of the authorities for construction, certificate land plot (Rental / Property), Investment Contract, Treaty on attracting funds).
Upon completion of the construction, the act of receiving housing is drawn up, and the main contract (purchase) is signed.
Secondary housing
It is on the secondary market above the risks of challenging the purchase by third parties.
The grounds for such a challenging can be as conflicts between the past housing heirs, former spouses, the misfortune of the former owner, the emergence of prescribed individuals (from the places of imprisonment or missingly absent), registration / extract of minors without the permission of the guardianship bodies. To minimize such risks, in addition to the guidelines and elimination documents of the selling parties, the lack of claims of third parties, by receiving ():
- Extracts from the house book with a list of all registered persons;
- Extracts from EGRN (immediately before the transaction so that such an extract is not outdated).
Important: If the apartment was privatized until 1998, there were no transactions with it, information in EGRN could not be made. A deal with such an apartment is most safe, although to acquire first I will still have to make an object in EGRN, which will take some time.
When buying from the developer
When buying a built-up object, the developer often uses a bill of exchange when the buyer buys bills from the developer ( valuable paper), And subsequently exchanges it to a new apartment. With this scheme, there are two contracts: a contract for the purchase and sale of bills, and a preliminary contract.
When buying on maternity capital
For the means of the Matkapali in the Russian Federation, you can buy an apartment, a room, a house, that is, a separate residential property. A specific list of documents for the purchase of about objects is given in the Decree of the Government of the Russian Federation No. 862 dated 12.12.2007 "On the rules for the direction of funds (parts of funds) of the maternal (family) capital for improvement housing conditions».
Confirmation of the right to use money from maternal capital The improvement in housing conditions is a personal certificate. The reference to it must be in the contract of sale.
Of course, the seller's consent should be achieved for such a transaction, since funds will be transferred to him from Pension Fund (FIU RF), in non-cash (on the seller specified by the seller). In addition, between the signing of the contract and the flow of money, it can pass to two months. Part of the real estate funds are paid by the buyer's funds.
It is important that when buying for the maternity capital, housing should be issued with the allocation of all children in it (dated December 29, 2006).
If we buy for a child
Purchase of residential real estate on a minor child It is possible, and under 14 years old is committed without his participation (for the child its legal representatives (parents / guardians / trustees) are operating, and from 14 years old he has the right to sign documents (in the presence of legal representatives). You can buy both a residential premises in the whole and Embass a share in it.
From the seller, a standard set of documents will be required for the transaction, but buyers will need permission from guardianship bodies, especially if the child has already had a property share.
When buying in a mortgage
If the buyer with a mortgage, the seller provides a set of documents for sale, taking into account the requirements of a particular bank. In this case, the legal purity of real estate will also check the bank.
Most often to the standard set of documents, you will need to make an act of valuation valuation of housing, a preliminary contract of sale.
Since the specified documents are needed to approve the transaction to the Buyer, pays and receives the documents of the buyer.
Contract for purchase
Requirements for the design and content of the contract for the sale of apartments / residential premises are installed in ,. Be sure to specify information about the object, unambiguously describing it (address, type of real estate, area, other characteristics of the property).
The written form of the contract is required. Notarial certificate is not required, except if minors / incapacitated persons are involved in the seller's transaction, as well as the sale of shares at the same time by all participants in equity ownership.
The notary certificate is subject to state duty depending on the value of real estate ().
We declared in Rosreestre
The contract of sale, the basis of the grounds can be registered to the Russian Rosreestra department personally, through MFC, with the exit reception of the authorized person of Rosreestra, by mail or in electronic form (in the Rosrester or through the Public Services portal).
The state duty for registration is 2000 rubles (). When applying through the portal of the State Service, the coefficient of 0.7 is applied (that is, the service costs 1,400 rubles). Interestingly, the receipt for state duty can not submit to the applicant, since payment information is contained in the State Informsystem on state and municipal payments.
A receipt is issued about receiving documents for registration, registration is performed 7-9 business days, and when you appeal through the notary - the next day.
Confirmation of the registration of the transfer of rights is an extract from EGRN (paper or electronic), according to, 62 of Law No. 218-FZ).
The cost of registration of documents when buying an apartment
For the real estate buyer, the cost of paperwork is usually small, and often spent only to prepare a sales contract from a lawyer or in real estate agency and registration actions in Rosreestre.
Thus, rarely the cost of the buyer exceeds 6-10 thousand rubles.
For the seller of the apartment, costs and time and preparation of documents are significantly more.
The preparatory stage to the purchase and sale of housing is a rather laborious process, it is possible to perform it both independently and with the involvement of specialists. In any case, it should be remembered that calm and confidence in the legality of the transaction will depend on careful preparation, checking and evaluation of all documents, and no shocks are darling accommodation in the new apartment of new owners.
We check the purchased real estate
Verification of real estate (documents for buying an apartment) can be entrusted with qualified specialists, and can be implemented on your own.
At the same time, the following steps:
- To find out how the previous owner received selling housing (privatized, bought, received by inheritance, etc.). This fact must be confirmed by the relevant documents (sales contract, certificate of inheritance, etc.). It is extremely desirable to explore an extract from the USRP to the residential premises, paying attention to the frequency of previous transactions, the facts of encumbrances, arrests of property. If in the last three years, dubious actions did not accomplish (three years - the term of limitation For invalid real estate transactions), you can consider this purchase option.
- Check the technical condition and quality of the apartment. If accommodation requires repair - this is visible to the naked eye, but it is much more important to verify its actual state with technical documents (BTI and other plan). If there is a redevelopment or reorganization, they must be coordinated ("legalized").
- Check the legislation of the person acting on behalf of the seller (in case they are proxy - it must be certified by a notary, do not have blots and obstacles). If the owner himself is engaged in the transaction - it is desirable to check the validity of his passport (on the site of management on migration issues at the Ministry of Internal Affairs of Russia), and also evaluate the adequacy / legal capacity of the seller. If his ability to speak and act in question - another accommodation should be searching.
- Find out the presence of third parties having the right to residential premises. It can be serving sentences citizens, minor children, etc. Persons. From the seller who is married should request the consent of the spouse for sale. The easiest way to check the apartment, having received an extended discharge from the house book, where all persons registered and retain the right to accommodate are indicated.
The care and accuracy of the buyer at the stage of preparation for the purchase of an apartment will help insure itself from unpleasant surprises in future.
In a timely manner, collect the package required for sale of the apartment, it is very important if you want all real estate transactions successfully.
List of necessary documents
1. Passport.
The original passport is required if you are. If the transaction takes place by proxy through a third party, a copy of the passport of the owner should be notarized. If the owner of the selling housing is a minor child, it is necessary to testify the birth of a child, as well as a document certifying the identity of his legal representative.
2. Purpose documents.
The documents confirming the ownership of the apartment include:
- real estate purchase and sale agreement;
- privatization agreement;
- Dear agreement;
- a document confirming the right to inheritance;
- Agreement on participation in shared construction or paying a share in a housing and construction cooperative;
- The decision of the court on the transfer of housing to the property of a citizen.
The certificate of state registration of property rights is issued on the basis of one of the above documents.
3. Technical (cadastral) passport for an apartment.
The cadastral passport of the real estate object must be issued no later than 5 years before the conclusion of the purchase and sale agreement. If the technical document is outdated, the new one should order, contacting the relevant statement in BTI. If the apartment has redeveloped in the apartment after issuing a cadastral passport, the document also requires replacement.
4. Help Is. tax Inspection On the absence of debts.
This document is needed to citizens who sell an apartment for a gift or inherited.
5. Extract from the house book.
Extract, the validity of which is 30 calendar days, the owner of the apartment should receive in a passport office or management companyBy providing the identity document, as well as the right-expanding documents for an apartment. The discharge will indicate information about the persons prescribed in the apartment, as well as the status of the personal account of residents. In the presence of debt on utility bills, the sale of the apartment will be impossible, so all debt must be paid off before the transaction.
6. Extract from the USRP.
This document is not a mandatory, but sometimes the buyer of real estate requires it to make a transaction. An extract from the Unified State Register of Rights to Real Estate can be obtained if you apply for a statement to the Regional Office of the Rosreestra. Execution confirms that the seller has ownership of an apartment that is not under arrest and is not protected property.
7. Permission from guardianship bodies.
This document is required if an apartment owner is a minor child or a citizen who, due to severe disability, is on guardianship from guardianship. Permission should receive legal representatives of the owner, contacting the guardianship authorities at the place of residence.
Okek will give permission to sell housing only if this does not lead to the deterioration of housing conditions. Area new apartment It must be equal to the area of \u200b\u200bthe previous living space or may exceed it.
8. Certificate of marriage or dissolution.
If the owner is married, it is necessary to make a certificate of marriage, as well as the documentary confirmed the consent of the spouse to carry out a transaction. In the event of a divorce or death of the spouse, appropriate confirmation documents are required.
The consent of the spouse is not required only if the owner got an apartment as a gift, if the living space got inheritance, as well as if during the marriage the seller privatized the apartment.
How to sell your share of housing
Separately regulate the rules for the sale of shares in the apartment. In this case, it is necessary to arrange the consent of the remaining owners of the housing for the sale of a share in the apartment, as well as to issue a written notice for tenants, so that they have the preferential right to repurchase the living space. Refusal to redemption of a share for a month gives the owner the right to freely sell his share to other buyers.
Sources:
- what documents are needed to extract from the apartment
Tip 2: What documents are needed when selling apartments in Ukraine
To sell an apartment in Ukraine, you need to prepare a fairly voluminous package of documents. Without them, the notary will not be able to certify the transaction and issue the transfer of ownership
You will need
- -passport; - guidelines for the apartment; - Expert conclusion about the cost of the apartment; -TechPasport; -pravka from the housing -Notarial consent of the second spouse.
Instruction
Get in the registration service at the place of your stay to extract from the state register of real rights to real estate on the apartment sold. It certifies the ownership of the apartment and is necessary for the transaction.
Order an expert assessment of the cost of the apartment. It is done within 2 weeks and is necessary for paying tax incomes of individuals when selling apartments, as well as for making payments related to the notarization of the transaction. Please note that the expert must have the right to carry out such a type of activity as an assessment of property for tax purposes. Expert conclusion is valid for 6 months.
Take from your housing certificate about people prescribed in the apartment. If juvenile children live in it, as well as incapable persons, the consent of the guardianship and guardianship authority is necessary for the sale of the apartment.
Independent sale of the apartment allows the seller to personally control each stage of sale, ranging from the buyer's search to the transaction process, and significantly save on realtor services.
However, at the same time, independent sale of residential premises is a rather laborious process that takes a lot of time and requires knowledge of the Fundamentals of Legislation regarding the purchase and sale of real estate and compliance with some precautionary measures.
Otherwise, the sale of an apartment can delay or even lead to adverse consequences for the owner of this residential premises. Therefore, it is first recommended to evaluate your knowledge and strength and weigh all the "for" and "against" self-selling.
If you still decided to sell housing yourself, then you need to approach this process with maximum responsibility to avoid problems in the future.
So, what do you need to do to sell the apartment yourself?
Step 1. Preparation of an apartment and all necessary documents for sale
Very often it is the preparation of documents for sale is the most time-consuming process that takes a lot of time. However, the owner of the apartment, having a set of documents on his hands ready for sale, will be able to make a deal of the purchase and sale of housing as soon as possible. That is why the collection of documents should be considered with all responsibility.
From the correctness and completeness of the set of documents required to make a transaction for the sale of residential premises will depend not only the speed of sale and design, but also legal cleanliness Transactions, and perhaps even the price of an apartment. Not all buyers will agree to wait a few weeks until the seller gave all required documents on the apartment.
To collect full set Documents are better to contact the lawyer or to the registering authority. Competent specialists will help to draw up full list All documents for the sale of the apartment so that nothing was forgotten, and the seller did not have to collect additional documents in the future.
It also has the correctness of the compilation of all documentation, so incorrectly executed document may lead to refusal to register sale transactions, and, ultimately, to significantly increase the sale time of the apartment. Therefore, again, it will be better to preliminarily clarify the requirements of the registering authority to one or another document.
In addition, it is necessary to carefully check and correctly fill out all documents. All data specified in the technical documentation for the apartment and other documents should be fully coincided with reality. Documents that will be submitted to the registering authority should contain only reliable data, be filled with parallers, without corrections and blots.
Required document set
1. Certificate of registration of the right to the apartment sold Or another guide document confirming the right of owner at housing.
2. Passports or other identity cards All owners of the apartment, including evidence of the birth of minor children who have no passport.
3. Cadastral passport from BTI (or technical passport) on the apartment.
4. Certificate of marriage and consent of the spouse (or spouses) for sale an apartment, certified by a notary. This consent is not required if the apartment is not by law joint property spouses.
5. Permission of guardianship and guardianshipIf the owner of the sold apartment is a minor.
6. Extract from the house bookreflecting information about all the faces prescribed in the apartment. This extract is valid for a rather short term, so it does not make sense to take it in advance. This document can be obtained immediately before the registration of the rights of the new owner when the buyer is found, and all other documents will be in the hands. The same applies to certificates of the lack of debt on utility bills, which will also need to sell apartments.
Depending on the specifics of a specific sale transaction, other documents may also be required, a list of which is better to clarify in advance.
Preparation of an apartment for sale involves not only the improvement of the commercial view of the selling housing, but also the liberation of her from those living. It is much easier and faster to sell an apartment from which all residents have already been written out, since they will still have to write to the sale of the apartment. Free apartments are more appreciated in the housing market.
Step 2. Buyer search
At this stage, the owner of the apartment will have to evaluate its apartment, after examining the real estate market, and find the buyer.
Step 3. Drawing up a prior contract of sale
A preliminary contract of sale gives the Seller a certain guarantee that the buyer will not change his mind to acquire an apartment, and the buyer - that the owner will not sell it to someone else. At the same time, the seller receives an advance from the buyer or the departure deposit, which is also fixed in the preliminary agreement.
A similar legal force has both an agreement on a deposit or an advance agreement, which can be concluded instead of a prior contract of sale, when the seller and the buyer will come to an agreement on all conditions of the main transaction.
When drawing up these documents, the seller should be borne in mind that there are significant differences in civil law between the advance and the deposit. Therefore, it is very important in a contract or agreement to use the right legal terminology in order to further avoid certain difficulties. In the case when the sale of the apartment for some reason is canceled, the advance is fully returning to the buyer.
If the parties agreed to make a deposit, one-sided refusal to make a transaction will lead to the payment of penalties by the perpetrator. If the seller refuses from the sale of the apartment, then he is obliged to return to the buyer a double-size deposit. If the sale transaction did not take place through the fault of the buyer, then the deposit remains at the seller.
The preliminary contract for the sale of real estate object is made up in arbitrary form. The contract shall indicate the passport data of both parties (or legal details, if the Agreement is a legal entity), addresses of the parties, description and address of the sold apartment, the term of obligations, the amount of an advance or a deposit. The contract is set by the date and signature of the parties.
Step 3. Calculations for an apartment
When dealing with the sale of the sale and purchase of real estate, calculations can be performed at the time of the conclusion of the transaction or at the time of signing the act of receiving an apartment as with the help of cash and non-cash payments.
However, it is much safer and more sensible, especially when selling apartments to an individual, exercise calculations for an apartment through the depositary bank cell.
This operation is a guarantee that the seller after the completion of the transaction will receive an agreed amount for the apartment, and the buyer will be able to realize its ownership of the purchased apartment after the transfer money.
Money under the control of the bank employee is made by the buyer in the banking cell. Before laying out money in a cell in a special room, the seller can recalculate and check the money. You can also for a certain fee to check the authenticity of money in the bank itself.
After checking, the money is placed in a special package and stuck. At the place of the gluing is given signatures of both sides. This procedure guarantees the preservation of the package integrity during the location of money in the bank.
After registration of the sale of housing and registration of the ownership of the buyer to the apartment, which is the object of the transaction, the Seller will be able to get money in the bank.
Step 4. Conclusion of the contract for the sale of apartments and the registration of the rights of the new owner
The contract is drawn up in a simple writing or wiring at the notary. If you have never dealt with the compilation of legal documentation, then, of course, it will be wiserfully to make a contract in a notary or at least ask for advice towards a professional lawyer.
In any case, when drawing up the contract, pay attention to the fact that in addition to the obligatory details of the parties, there must be correctly indicated:
- apartment price;
- address and technical description of the apartment, fully coinciding with the data of the cadastral passport;
- method and term of money transfer to the seller;
- distribution of transaction costs;
- the period during which the seller must free apartment and transfer it to the buyer;
- terms and procedure for signing the act of acceptance and transfer of the sold apartment.
After signing the contract, both parties need to contact the registration authority at the location of the apartment and pass mandatory procedure registration.
Step 5. Transfer Apartments and Receive Money
The final stage of the sale of the apartment is her transfer to the new owner. Such a transfer should be accompanied by the signing of an Act of receiving an apartment, since from the moment of its signing it is all responsibility for housing goes to the buyer. The act must be compiled at least in 2 copies if the bank participates in the transaction (for example, with mortgage) in three copies.
After that, the seller can get money for an apartment from a bank cell.
Apartments for sale completed.
Comments (174)
Olga | 2016/06/01
Good day. The article is very useful. There are questions: 1) We are going to sell your apartment and buy another, more in the area (without agencies) of a minor child when to write out from the apartment (he has no share)? In the answers you write that you need a child to register in a new apartment for 3 days (without the permission of the guardianship). But the registration of transactions and contracts in justice will take more time. How to be?
2) Resolution of the spouse for sale of the apartment how much is really in time.
admin | 2016/06/09.
Hello Olga! First of all, you need to obtain permission from the guardianship authorities for the sale of apartments and removing a minor from the registration accounting. After receiving the permission, you can write a child at any convenient moment from the apartment, and after the completion of the design of the sale of the sale and purchase of a child in a new place of residence.
Maria | 2016/06/09.
Hello! If there is a technical passport, then you still need to make a cadastral passport on the apartment. And whether I understood correctly that the transmission act, as well as the sales contract nowhere is recorded and is not certified, but is in a simple writing? Thanks in advance!
admin | 2016/06/20.
Hello Maria! Cadastral passport you will also need. It can be obtained in the cadastral chamber in your place of residence or in MFC (Multifunctional Center). The contract of sale is drawn up in simple writing. You can pre-register purchase and sale agreement in Rosreestra. Notarized certificate required.
Galina | 2016/07/21
Good afternoon, we sell the SV-Rouquer we have buyers on the military. And what are the documents from us at all, and how to get a deposit (so that there is no changed, or they)
admin | 2016/07/29
Hello Galina! When buying an apartment for mortgage, the Bank himself suggests, as a rule, the model form of the contract of sale with the condition for obtaining a prepayment. In addition, a preliminary contract for sale, which will ensure you the safety of your prepayment from the buyer. From you to sell an apartment you will need only a certificate of ownership, passport, as well as technical documentation for an apartment.
Anna | 2016/07/31
Hello! Many thanks for the article! Let me ask a question: after concluding a sales contract, you need to contact him and other documents for registering the right of ownership of the buyer. Tell me, does the seller presence be sure? If so, can he present his interests on notarial power of attorney? If so, can this power of attorney be issued to the buyer? Thank you!
admin | 2016/08/10.
Hello Anna! Yes, the owner of the apartment in the sale transaction may also be a person on the basis of a notarial power of attorney containing such powers. It will not work out such a power of attorney to the buyer's name, since in accordance with paragraph 3 of Art. 182 of the Civil Code of the Russian Federation, the representative cannot make transactions with respect to another person, whose representative he is at the same time, with the exception of cases of commercial representative offices. Thus, the seller to represent his interests should be given the power of attorney to another person.
Olga | 2016/08/09.
Hello! I am 1/4 of the apartment's share went by inheritance in March 2014, and the remaining 3/4 shares I bought in October 2015. The question is with what date it is to count for 3 years in the use of the apartment not pay the sale tax - 13% . Thank you.
admin | 2016/08/15
Hello Olga! The term of 3 years will be considered from the moment of registration of ownership. That is, if you want to sell the whole apartment, a period of 3 years is calculated from the moment you have received a certificate of state registration of ownership of the remaining shares - that is, since 2015.
Irina | 2017/05/15.
Hello! From other articles, I learned that from 01.01.2016, the period for finding an apartment in use increased to 5 years, so as not to pay a tax of 13%. I inherited the Father's apartment. He died in 2016, but I was registered there and lived with my father. In the same article it was said that the start of the period of 5 years is the date of death of the testator, and not receiving a certificate of state registration of property rights, although it was now canceled, replacing the discharge from the registry. Is it true? Thank you.
admin | 2017/05/20.
Hello Irina! From January 1, 2016, NDFL is not paid if the property has been owned at least 5 years. For exemption from NDFL, the minimum properties of real estate can be not five years old, but three years (Art. 217.1 of the Tax Code of the Russian Federation). This is legitimate, for example, when selling an apartment that was received as a gift from a family member, inherited or in privatization. The time of ownership of the apartment begins directly from the moment of registration of the transfer of ownership, since in accordance with the Civil Code of the Russian Federation, the right to immovable property arises directly since the state registration of the relevant right. From July 15, 2016, indeed, instead of a certificate of state registration of the right, a similar extract is issued.
Alexey | 2017/06/02.
Hello! Please tell me the apartment on the military mortgage, can I take advantage of the maternal capital in full? Thank you!
admin | 2017/06/14.
Hello Alexey! Currently, there are no restrictions on the law for the use of maternal capital to repay military mortgage. Thus, you can use your maternal capital.
Valentina | 2017/07/16.
Hello. I sell an apartment, it was 2 apartment, then we made an association and it turned out one. Documents from 2012, in the share of me and two daughters. During my share. I gave me my share. Let me know if I pay the tax for selling an apartment
admin | 2017/07/28.
Hello Valentine! If less than 3 years have passed since the order of ownership, then when selling apartments you will pay tax. However, if the value of the property does not exceed 1 million rubles, it will not be necessary to pay tax.
Svetlana | 2017/08/04
Good day! I did not want to repeat ... But still ... Tell me, if the apartment is obliged to submit a cadastral passport to the apartment for the apartment at the purchase of rights (Russia), because all the data on the apartment is already contained in the real estate cadastre ... Thanks in advance for the answer.
admin | 2017/08/15
Hello Svetlana! Yes, the provision of this document during the registration of the transaction will still need. You can clarify a more accurate list of documents by contacting Rosreestr or MFC (Multifunctional Center).
Tatyana | 2017/11/21
Hello! I have 2 questions: is it necessary to conclude a preliminary contract and is it necessary to assure it from a notary? And the second question - I bought an apartment in 1998 and in BTI I was issued an extract from the technical passport to the apartment, now I sell this apartment - is it necessary to make such an extract again or not? Thank you in advance for the answers!
admin | 2017/11/30.
Hello Tatiana! No, the conclusion of the preliminary contract of sale is not mandatory and occurs solely at the request of the parties (seller and buyer). Conscribing a prisoner's contract with a notary is also not necessary. If from the moment of receipt of the discharge from the technical passport, the characteristics of the residential premises were changed (for example, due to redevelopment), then receiving a new technical passport is not necessary.
Mariana | 2017/11/25
Clear and useful article, thank you! I worried about the sale of the apartment, so many nuances, everything must be mentioned ... In addition, I have a new building and the area, too, in the process of construction ... As a result, without problems on the homeford, I also sold faster than expected! I wish everyone good luck on sale 😉
Valentina | 2017/12/07.
The daughter entered into the rights of inheritance for the deceased father on half an apartment, the second half was privatized at me. We want to sell an apartment. How best to come-sell in shares or give me a fraction of my daughter, and then sell
admin | 2017/12/18.
Hello Valentine! When selling apartments, this is not a fundamental point. In order to save time and cash for registration of the transition of ownership of the right in order you simply can conclude an agreement with the buyer of the apartment on behalf of you and your daughter. That is, you and your daughter will simultaneously act as sellers of their share in the apartment.
lyudmila | 2018/02/01
Good evening! I sell an apartment in which my adult daughter is prescribed, please tell me, please, whether it is necessary to consent certified by the notary and what is the shelf life of this document. Thank you
admin | 2018/02/13
Hello Lyudmila! For the sale of an apartment in which a minor has a share in the right of ownership, you need to contact the guardianship authorities to obtain permission, since these permissions are issued not by notaries, but exclusively by guardianship and guardianship authorities.
Olga | 2018/02/13
Good day!
need documents for sale apartments if the owner is one
1 Walterity about registration of the right to the apartment sold
2 passport
3 cadastral passport from BTI
4 extract from the house book
I feel guilty that nothing more is needed + contract purchase agreement
admin | 2018/02/19.
Hello Olga! Also for selling an apartment you will need technical Plan Apartments from BTI, sales contract and documents certifying the buyer.
Alina | 2018/05/05
Good day. When selling an apartment with the only owner of which I am, and my daughter is registered in it with two minors, there will be difficulties with the extracting grandchildren.
admin | 2018/05/16.
Hello Alina! Your daughter can independently take off the registration of herself and minor children. Thus, in the presence of mutual consent, problems will not arise for you. In addition, the new owner of the apartment can always remove the former living faces from registration judicial order. Also, the condition for removal from the registration accounting is also contained in the sale and sale of apartments.
Gulnara | 2018/05/23.
Hello! Please answer the question. We sell a room, owners I, my spouse and two minor children. Can I turn to the custody without the presence of my spouse?
admin | 2018/05/31
Hello Gulnara! Yes, you can contact a custody with a statement about issuing permits for the sale of a share of juvenile children in the apartment and without the presence of your spouse if it also will participate in the acquisition of new housing as a party in the preliminary contract of sale. In any case, the right to file an application is solely you have. In practice, permission to sell the share of juvenile care bodies may be issued without the presence of a second parent.
Marina | 2018/06/14.
Hello! The apartment acquired in the mortgage in the house under construction. Treaty from June 2014.The appointment of Apartment transfer December 2015. In Rosreestre, documents are registered in June 2016. We plan to close the mortgage and sell an apartment. Since what time is the term of finding housing in the property? In the case you have to pay tax?
admin | 2018/06/29
Hello Marina! Ownership arises from the moment of state registration of the right, the existence of encumbrance in your situation does not affect the obligation to pay the tax. So as not to pay the tax sales tax, you will need to sell it not earlier than June 2019.
Tamara | 2018/06/14.
Hello. I am selling a room that has been framed only on me. Couple
but when married. Is the consent of the spouse certified by the notary or he may be presented with a transaction
admin | 2018/06/29
Hello Tamara! Yes, when selling property purchased during the marriage (regardless of which it is issued), notarized the consent of the spouse for sale is required.
Marina | 2018/07/18.
Hello! Please tell me the house sells aunt your niece, my grandmother is spelled out, which will live there. The niece (Buyer) is not against the grandmother lived in it and remains there prescribed whether the sale of the house is possible without discharge of GRA?
admin | 2018/08/01
Hello Marina! Yes, the sale is thus possible. In the contract of sale, it is necessary to indicate the presence of burden in the form of registered individuals. Nevertheless, in accordance with the law, a new owner, in any case, has the right to apply to the court with a claim for the eviction of the former tenants.
Pavel | 2018/07/22
Hello. We sell a house. In it, a registered co-sleeve and two minor children of nieces. No rights to the house do not have. In the house do not live. You yourself do not want to get out of registration. How to be in such a situation?
admin | 2018/08/01
Hello Paul! In accordance with the law, they can write them as you and the new owner of the house. By virtue of the provisions of Part 2 of Art. 292 of the Civil Code of the Russian Federation Transition of ownership of a residential building or an apartment to another person is the basis for termination of the right to use residential premises Members of the family of the previous owner, unless otherwise established by law. Thus, to remove these persons from the registration accounting to you or a new buyer at home it will be necessary to apply to the court with a statement of claim.
Yana | 2018/07/30.
Good afternoon! Tell me, please, is it necessary to pay for the tax on the sale of an apartment, privatized less than 3 years ago in case the apartment will be purchased at the same reporting period of the same or greater cost?
admin | 2018/08/03.
Hello Yana! By general rule, Tax when selling an apartment owned for more than 3 years and exceeding 1 million rubles, it will be necessary to pay. In case the other apartment will be purchased in the same reporting period, it is possible to reduce tax rate or exemption from paying tax in full. For a more detailed answer to your question, you need to contact the tax at the place of residence with the provision of information about the value of the selling and purchased apartment.
Vadim | 2018/08/20.
bought together with his spouse housing in 2008, when divorced in 2016 made an agreement on the division of property, I got an apartment, she was rewritten on me, I did not pay a 13% tax in its sale now? In the property, it is two years old, In addition, I buy almost at the same price a house! Thank you!
admin | 2018/08/30
Hello Vadim! In accordance with the provisions Tax Code The Russian Federation, an individual is entitled to reduce the taxable base on the amount of funds, which he spent to buy a residential premises and its repair. That is, if you are in one reporting period acquired another residential premises, and the actual income will be absent, tax payment It will be reduced or paying tax does not have to be completely. You will need to fill out the tax return and provide confirmation of purchase and sale documents.
Victoria | 2018/08/26
Hello! I had such a question .. By the court decision in 2015, I got an apartment from the Father to Property. In 2018, my house fell under demolition marked "On withdrawal for state needs" for the construction of a new metro station. The Department provided me with an apartment in the same area on the next street. When selling an apartment I will defend a court decision from 2015, or I will go new report From 2018? Thank you
admin | 2018/09/12.
Hello Victoria! Unfortunately, when removing the land plot on which the house is located, for state and municipal needs, with the subsequent provision of new housing, 3 years for the subsequent sale of real estate without paying tax begins to calculate since the state registration of ownership of a new apartment.
Margarita | 2018/09/15
Good day! When selling apartments, the notary itself makes an agreement on a making agreement and a sale agreement? If the sale of the share is 3/4 and the spouse 1/4, then the transaction through the notary? Buyers acquire through the bank to the mortgage, as is the procedure in this case? After notaries, we then in Rosreestre for registration? We take money when documents will be commissioned or after receiving the certifying statement about new owners?
admin | 2018/10/01
Hello Margarita! In connection with recent changes The legislation in sharing transactions are subject to a mandatory notarial certificate. Since buying and selling you will occur with the Bank's participation, as a rule, a form developed by the bank mortgage contract and sale contracts. Conditions on the procedure for paying an apartment and transfer funds are also directly provided for by the contract of sale. First of all, you need to contact legal department The bank in which your buyers will make a mortgage and familiarize themselves with the draft purchase and sale agreement on your apartment.
Andrey | 2018/10/14.
Hello!
1). In the correspondence in your website, it is not clear from which apartment the tax is paid upon it. Our apartment has since 1997 in our property. When it is necessary to pay tax?
2). After the acquisition of this apartment, there was a small space nearby in the common corridor, which the mother of his wife bought from the developer joined the apartment. But legally this room was not included in the housing plan. How to issue it now?
admin | 2018/10/30.
Hello Andrey! 1) in accordance with the provisions of Article 217.1 of the Tax Code of the Russian Federation, from the payment of tax on the sale of real estate is exempt individualsowned by the apartment during the minimum limit of the object of ownership real Estate And more (for privatized apartments - 3 years).
2) To make the premises to the housing plan, you need, first of all, contact the BTI (technical inventory bureau) for measurements and amendments to technical documentation.
Irina) | 2018/10/29
Hello, thanks for the article!) Tell me, please. We sell an apartment. She was purchased for a certificate that was given under the program "Help young families." We have three owners (husband, me and son), there is another daughter. We own an apartment for more than 3 years. For the last 2 years we live in another city, in the parent house, which they died, he is not registered on us. Children walk at the place of residence in kindergarten and school. A small house is registered on me and we are building new on the same site. Here))) if, I will recover myself, my husband and children, I regish it little HouseWe need to take permission from the organizing of the guardianship? What problems may arise, what we need to be prepared. And, does the redevelopment affect the sale, which is not documented? Thanks in advance!!!
admin | 2018/11/07.
Hello Irina! If upon receipt housing certificate You did not give a notarized commitment to the allocation of shares in the right of ownership of residential premises of minors or children do not have a share in the right of ownership, then, accordingly, and to obtain permission from the guardianship and guardianship authorities for the sale of residential premises will not be required, and you can sell accommodation, By registering children in advance at another address. As for redevelopment, you can sell an apartment in old documents without reflecting them with a redevelopment, but the buyer of such an apartment may later have difficulties with the legalization of the redevelopment.
Venus | 2018/11/12.
Good day! Explain, please:
1. In the end of 2011, the apartment was bought (during the sale of the tax you need to pay for it?)
2.Something - me. It is also prescribed by three daughters (majority) and granddaughter (minor-2015 birthday) but on this moment Only medium daughter and granddaughter live in it. 2 Other daughters and me (learn, we work in other cities). How do we all be written? At one time we cannot, you can provide copies of passports instead of the original (of course, certified by the notary)
3. And does it affect the study, work (lack of registration) until the purchase of a new apartment? Or you can (need) to arrange temporary registration (in relatives, for example)? Thank you.
admin | 2018/12/01.
Hello Venus! When selling apartments, you do not need to pay tax, since this apartment is owned with more than 5 years. As for withdrawal from the registration accounting, you can issue a power of attorney for someone at the location of your apartment with relevant deregistration authorities. Thus, in the presence of a notarial power of attorney and a trusted person, you can be made from the apartment remotely. It should be borne in mind that the lack of permanent registration cannot serve as the basis of the deductions from educational institutionsIf you have already been enrolled in them, but without registration you can stay no more than 90 days. In any case, for the period of the sale and purchase transaction, you can arrange temporary registration at the place of residence.
Valeria | 2018/12/09
Hello. In the apartment 2 of the owner: 1/2 apartments were privatized by me, 1/2 Mom entered into the rights of inheritance. We want to sell an apartment, but she is in another city. I just gave birth to a child, I can not go to the deal. Can one owner sell an apartment? If so, what kind of power of attorney need and what documents from the second owner you will need? Thank you
admin | 2018/12/20.
Hello Valeria! For the sale of the entire apartment with one owner, the second owner is obliged to issue a non-notary in the region of his stay under Art. 185.1 Civil Code RF notarial power of attorney, speaking all relevant authority in it for selling a specific apartment and registration of the transaction. From the second owner, its right-point documents will be required for a share in the apartment and a notarized copy of the passport (in the absence of the original).
Rustem | 2019/01/10.
Hello! I have such questions! And if I am conditionally convicted, I could sell an apartment, and I have a juvenile son is registered there! But the guardian of the mother-in-law! And there is a debt for a quarter fee! How can I do it all, and what documents do I need? Thanks in advance!
admin | 2019/01/28.
Hello Rustem! If you are the sole owner of the apartment, the presence of convictions do not affect your right to sell this apartment in the absence of available prohibitions for the alienation of property, but if you live in this apartment, and the court sentence was forbidden to change the place of residence without agreeing with the criminal The executive inspection, first of all, you need to apply to the Criminal Executive Inspectorate on this issue.
Svetlana | 2019/02/02
Good day!
When selling apartments in a private house, you need to pay a sale tax 13%? Owned since 2015 under the contract of donation. And how is this procedure?
admin | 2019/02/16.
Hello Svetlana! In accordance with the provisions of Article 217.1 of the Tax Code of the Russian Federation, the owner is exempt from the tax on the sale of real estate when calculating the minimum limit duration of the residential premises or shares in it. In your case, this minimum term will be 3 years from the date of state registration of ownership.
Olgak | 2019/03/31
Hello! We want to sell an apartment, the owners of which is my husband and his stepfather. Mother's husband died in 2016, ownership of her share was issued in June 2017. I correctly understand that at the moment the sale without paying 13% is impossible? (The apartment was privatized in 2005 in equal shares)
admin | 2019/04/10.
Hello Olgak! Yes, since at the moment the term of your property ownership is less than 3 years, when selling apartments you will need to pay an amount of 13% if the cost of your share in the right of ownership exceeds 1 million rubles.
Igor | 2019/04/04
Hello! My apartment owned since 1995 was acquired through the exchange of an apartment donated to me by the Father. In the hands there was a contract of exchange, but only last year I learned that we need to make a certificate of registration of the right, which did through MFC in 2018. The apartment is prescribed a minor granddaughter. At the moment I bought a more spacious apartment on the mortgage, I sell old. Questions:
1. What moment is the right of ownership? Do you have to pay a sale tax? 2. How to write granddaughter correctly with subsequent registration of it in a new apartment?
admin | 2019/04/21
Hello Igor! In accordance with Part 2 of Art. 223 Civil Code of the Russian Federation and the provisions of the Federal Law "On State Registration of Real Estate" dated July 13, 2015 N 218-FZ, the ownership of real estate arises exclusively since the state registration of rights to such property. Thus, you are not freed from the payment of tax in connection with the sale of the apartment. With regard to the withdrawal of a minor child from registration, the legal representative of the child needs to be applied to register the child in a new place of residence, and therefore the child will be automatically filmed from the registration account as before.
Love | 2019/04/16.
Hello! Paragraph 3. Cadastral passport from BTI (or technical passport) to the apartment. If there is a cadastral passport, then the technical passport is not needed?
admin | 2019/04/29
Hello love! Due to the fact that the information contained in the State Real Estate Cadastre (GKN) is now considered to be the information contained in the Unified State Real Estate Register (EGRN), from January 1, 2017, an extract from EGRN is issued instead of the cadastral passport. In accordance with the Law No. 334-FZ since March 2010, the technical distribution issued to 2008 is not mandatory for the registration of rights to real estate.
Guzel | 2019/04/19.
Aunt and his spouse, in his lifetime, they want to re-refline the apartment on the nephew. How best to do it? Better than purchase - Sale? And there are no restrictions for pensioners, that is, how would they remain without housing? In fact, they will live in their apartment further.
admin | 2019/04/29
Hello Gusel! If the apartment in the persons you specify are owned by a sufficient amount of time (for example, more than 5 or 3 years), then they can arrange the transfer of the apartment to the nephew under the sale contract for the purpose of exemption from paying taxes, since they are not close relatives Occupative, and under the Treaty of Darment Tax is not subject to donation only between close relatives. Also, the law does not prohibit the voluntary sale or donation of the only housing, but in accordance with Part 2 of Art. 292 Civil Code of the Russian Federation Transition of ownership of the residential building or apartment to another person is the basis for the termination of the right to use the residential premises by members of the family of the previous owner. Thus, by the wave of the new owner, these persons may be forcibly evicted from housing.
Anastasia | 2019/04/24
Hello! We want to sell an apartment, 2 owners, 1/2 I have 1/2 at my father? Is a notarized certificate? And what documents should be prepared for sale apartments?
admin | 2019/05/08
Hello Anastasia! The purchase and sale of the apartment does not require a mandatory notarial certificate. For the sale of the apartment, you will need a sales contract for the number of persons, a preliminary sales contract (lies at the request of the parties), identity documents, the receipt of the payment of state duty for the registration of the transfer of ownership of the buyer, the right-pointing documents on the apartment (evidence of The right of ownership or extract from EGRN), a technical passport of residential premises.
Olga | 2019/04/28.
Hello! Help the advice, please. We want to buy an apartment in 2-sq. M.D. Land is not issued. Should I buy such a sq. M. The owners have no opportunity to arrange. Thank you!
admin | 2019/05/08
Hello Olga! In accordance with Article 39.20 of the Land Code of the Russian Federation, in case the building, the construction located on the land plot belong to several persons on the right private propertyThese individuals are entitled to acquire such a land plot into common shared property. If your land plot under the house was not supplied to cadastral records until March 1, 2005, you need to contact the administration at the place of residence with a statement to form a land plot, and subsequently put land on cadastral records, after which you will acquire ownership of Earth. If the land plot was put on cadastral records until March 1, 2005, then in accordance with Part 2 of Art. 16 FZ "On the introduction of the Housing Code of the Russian Federation" of December 29, 2004 No. 189-FZ, the land plot on which is located apartment house And other objects of real estate included in this house, it is free of charge in the total share ownership of the owners of the premises in an apartment building.
Ivan | 2019/04/28.
Greetings! I want to sell my problem privatized apartment Delighted from the mother. I spelled out in it my brother and grandfather who died for a long time in Ukraine and listed in it. How correct to us to sell it with your brother?
admin | 2019/05/08
Hello Ivan! The current legislation of the Russian Federation allows us to dispose of property only to persons who have such property is owned. Since at the moment your apartment is not privatized, then you are not its owner, but, therefore, you can not dispose of it. Unfortunately, one of your questions should not exactly, whether you have the ownership of an apartment in accordance with the legislation of the Russian Federation. If you have no ownership, you need to contact the administration at the place of residence with a statement to privatize this apartment.
admin | 2019/06/01
Hello Marina! On the Internet there are not few places to place ads for the sale of both regional and federal, the same Avito for example.
To this topic
What documents to prepare the seller of the apartment in addition to the passport for the transaction, if the buyer is mortgaged or cash. Recognize the main and additional listto sell real estate quickly.
Currently, you should prepare documents for any type of buyer in advance so that it makes it faster to decide on the design of the purchase of housing.
Main types of buyers:
- with cash money
- mortgage, military mortgage
- certificates, Matkapital, etc.
Today we will only discern what documents are needed for sale apartments for customers with cash and mortgage.
What documents to prepare the seller of the apartment: sale of the apartment for cash
| No. p / p | List | Note |
| 1. | Identification | It concerns adult and minor co-owners if they have a property share. Passports with adults and birth certificate (passport when achieving 14 years) with a child. |
| 2. | Propert of property:
|
|
| 3. | A document base | The only proof that the owner of the housing is only you and no one else. The testimony of such strength has no power. Approximate list of base documents:
Therefore, if you lost it, then you will definitely get a duplicate in that organ who issued it. He is required to sell an apartment. |
What package of documents for the sale of the apartment is needed for registration
| 4. | DKP. | The contract of purchase is an important document and is drawn up by established rules And it must contain points protecting your interests, so it is better to make it, resorting to the services of an explanatory lawyer. The contract is not registered in Rosreestre, but it is better to sign it only at the time of submission of documents for the sale of the apartment. |
| 5. | Order from guardianship (OOP) | If there are children in the co-owners, they will need documents and on them. Parents receive guardianship permission. Application for obtaining the permission of the OOP is written both parents even if they are divorced. |
| 6. | Wife / husband's consent certified by a notary | If the owner:
it will take a document of the consent of the spouse (s) for the sale of an apartment. It has a mounted sample and is issued and wrapped in a notary. The consent of the spouse is not necessary if:
|
What documents prepares the seller when selling a mortgage apartment
The necessary package of mortgage documents is the same as they collect for cash plus it will be necessary:
| No. p / p | List | Note |
| 1. | Assessment of the object | The Bank provides a list of the appraisers accredited by them, which orders the cost estimate (compliance of the cost of housing specified in the DCC and market value). Typically, the assessment is made of 1-2 days. Invite an appraisal company employee, he will take pictures and data collection to conclude. The appraiser services pays the buyer. |
| 2. | Techplan with explication | TechPlan is not required to sell an apartment for cash, but a bank is required if the buyer is the Modechnik. TechPlan is compared with a real layout to determine the absence / availability of redevelopment. The limitation of the document should be no more than 5 years. |
| 3. | Cadastral passport | Most often need for buyers-mortgages, since they requires a bank. If you have this document, then its validity period should be no more than 5 years, otherwise you need to receive a new one. |
| 4. | Extract from EGRP. | Help from Rosreestra, where data on the owners and the apartment is indicated, as well as the presence / absence of encumbrance and arrests. Most often, the buyer himself receives a certificate, since it is primarily interested in this data, but can receive the seller. Usually the period of receipt of an extract for up to 5 days in Rosreestre or MFC, but you can get it in 20 minutes to the phone or email |
| 5. | Help from PND | This certificate receives the owner (co-owls) in the local psychoneurological dispensary. It usually requires a bank, but buyers can also ask own initiative, especially if the elderly owners. What reliable information this certificate gives - this is the second question, but it is better to get it in advance so that then not to waste time. |
| 6. | Help for sale | I do not need to register a deal to Rosreestr, but important for the buyer, because Certains the lack of debt by rent. Help receives the owner in the RCC. It counted forward until the real estate transfer to the new owner. |
Extra list of documents for sale apartment
| No. p / p | What an additional list | Note |
| 1. | Copy of the Financial and Facial Account | Help from the accounting department of house management, provides information:
|
| 2. | Certificate from the energy company | Help with information about the absence / availability of debt on electricity. Gets the owner in the local energy company. |
| 3. | Tax payment certificate | Help from the district tax branch, where it is indicated on the absence / availability of debt to pay for real estate tax. |
Based on the proposed list, you make your list for sale of the apartment and cook in advance so as not to waste time, while finding a buyer quickly issue a property.
Today you have learned what basic documents are needed to sell an apartment for cash and mortgage. In addition to the main list, they learned even.
