How to check your home for legal cleanliness yourself. The nuances of self-checking an apartment before buying

The housing market in Russia has appeared recently, the majority of the population is not legally competent in these matters, therefore the services of intermediaries are often used - numerous agencies for the sale / purchase of real estate in the hope of professional help, which, alas, are not always justified.

Their personal qualities are a subjective factor: an unscrupulous or incompetent realtor can ignore the most important nuances, which in the future will significantly complicate the life of the new owner. The agent will not answer for the consequences of the transaction - there is no suitable law. So take control of everything by first learning the simple rules below. Fraudsters are afraid of legal buyers.

Grounds for checking the cleanliness of the apartment upon purchase

It will be about secondary housing, that is, people lived in the apartment put up for sale.

With clarification of the history of the living area. The most main reason for a thorough check - to avoid claims for the legality of the acquisition of ownership by the new owner and claims for the right to move into it by third parties. Such requirements can be made if:

• there are those temporarily retired for various reasons:
  • military service in the army,
  • convicted prisoners,
  • patients in psychiatric hospitals,
  • estate claimants,
  • children under the age of 18;
• the transaction is made by a person who has been declared incapable, which subsequently may serve as a reason for legal proceedings regarding the legality of the transaction;
• after the purchase, it turns out that the apartment has been arrested or mortgaged.

Another important circumstance is the absence state regulation, which creates fertile ground for fraudulent schemes... Here is some of them:

1. The most famous method is document forgery.: someone else's apartment is being sold under a forged power of attorney. Modern technologies provide high quality printing, you will not distinguish from the original.
2. Selling by duplicates(copies) of documents to several persons.
3. Sale based on a genuine power of attorney- "general". A person who is a trusted person in this case has the opportunity to perform unauthorized actions with the apartment.
4. A tenant posing as a landlord, under a far-fetched pretext, lures out a deposit, disappears.

A favorite scheme of scammers is the sale of an apartment under a false power of attorney.

The required package of documents to ensure the legal purity of the proposed transaction

How to check an apartment upon purchase? To do this, you need to navigate the documents for the dwelling, which the seller must provide. In the absence of even one of them, do not risk making a deal. Only collected together and analyzed, they will help to significantly reduce the risks for the buyer:

• Entitlement: identify the seller, confirm the fact of ownership of the property and on what basis this right was obtained:
  • passport;
  • certificates of legal capacity and lack of registration for alcoholism and drug addiction (it is up to you to ask the seller for these papers or not);
  • documents fixing the occurrence of property rights following the results of privatization: an agreement and a certificate certifying property rights;
  • other grounds for owning an apartment:, donation, inheritance with relevant agreements and certificates state registration property.
• Extract from the Unified State Register of Rights(USRR). The data is not secret, it can be obtained by the buyer himself by presenting his passport at the regional office of Rosreestr. Its content will tell everything about the previous and current owners, the presence of encumbrances (arrest, bail).
  In fact, this is an apartment history that began in 1998 - a sufficient period for verification, since the statute of limitations for filing claims does not exceed 3 years.
• Information from the house book in the form of an extended, or archive, extract. Issued at single window services, information and settlement centers, management companies and passport offices.
• Written consent of guardianship authorities to make a sale in the presence of registered children and disabled citizens.
• on the consent of the spouse on condition joint purchase apartments are married.
• Original power of attorney for sale notarized
• Explication, or the plan of the apartment, to establish the fact of illegal redevelopment.

Advice: make a deal only in an official setting, in a "presence" place. And, if you feel pressure from the seller, you better find another option and stay away from the "slippery" personalities.

How to check the frequency of an apartment before buying based on information from documents

Do not give a deposit in an informal setting.

Let's summarize and clarify some more points.

Even resorting to the services of a realtor to make a purchase, one cannot relax. Keep your negotiations with the seller under personal control and check all documents.

Do not under any circumstances agree to transfer the deposit in an informal setting. As a rule, scammers create a stressful situation for you in order to get it, under various pretexts, they will even offer a receipt and copies of documents. Having thus received money from several applicants for the purchase, they will sell the apartment to one of them, the others will be left with nothing.

In one of the previous articles, we wrote about. Understand which of these types of collateral is preferable for you, however, if you come across fraudsters with invested finances, there will be problems unambiguously.

A similar situation: the sale of an apartment to several persons using well-made duplicate documents.

Beware of a "general" power of attorney without a specific order to sell this particular apartment, try to enter into personal contact with the person who issued it.

It is almost impossible to check the legal capacity of the seller bypassing the official certificate, confidential information is not disclosed by doctors. In case the seller is lonely old man, has some weirdness in communication, and you have doubts about the state of his mental health, be on your guard. You can, of course, ask the neighbors for details. But it is better to choose another option.

If you refuse the services of an agent, then you can save several tens of thousands of rubles on checking the legal purity. With the proper approach, even an independent check will reveal possible weak points of the object. Moreover, some of the verification stages can be carried out using Internet resources, in particular, the Rosreestr website. The portal site provides several recommendations with which the buyer can independently check legal purity plot with a house before buying. The recommendations are also suitable for cases of buying a plot with an unregistered house.

In the eyes of a significant part of buyers, it is an unregistered private house that is more interesting to buy. It is cheaper in price. In addition, until the house is put on cadastral registration, you do not have to pay tax for it (usually it is more than 10 thousand rubles per year). Nevertheless, even buying such an "unofficial" object, you need to be sure that it is built in accordance with building and fire regulations, and it can be registered if the need arises (for insurance, inclusion in a will, etc.) ).

Step 1. Online preliminary check

The buyer usually spends legal due diligence the purity of the acquired object after he personally examined all the proposals that interested him and made a choice. However, quite important information about the plots with houses for sale can be obtained even before going to the “bride show” and meeting with the seller. This will allow you to remove objects with legal problems from the list for inspection and not waste time getting to know them personally.

Preliminary check legal status object begins with a phone call to the seller. During the conversation, it is necessary not only to schedule a meeting and inspection of the site and the house, but also to find out the cadastral number of the site or the exact address (if an address is assigned to the site / house). This is not secret information, there is no reason for the seller to hide it. Knowing the address or cadastral number, you can get information about the site and the house on the Rosreestr website. However, it should be noted that search by address does not always work here. It is safer to search by cadastral number. If the buyer of the object does not know this number, he can clarify it through the resource kadastr.ktotam.pro. Here you can find out the cadastral number for free if you enter the address of the object.

Quite a lot about the real estate object will tell the page of the Rosreestr website "Reference information on real estate objects online". Here you can find out the address, cadastral value of the object, the area of ​​the plot and the house, the date of registration of the ownership, as well as the existence of restrictions - whether the object is in a mortgage, mortgage or under arrest. True, the form of the restriction will not be indicated - only a note that there is a restriction on the disposal of the object. The buyer must understand that until the restriction is lifted, the sale and purchase of the object is impossible.

In addition, information about the site and about the house can be obtained using the Public Cadastral Map on the Rosreestr website. Here in the public domain there is data on the category of land, the permitted use and the size of the object.

Step 2. Examine the documents held by the seller

The seller of a private house, by default, must have documents confirming his ownership of the land, a title deed for the house and a passport. The buyer will be able to study these documents at the first meeting. In addition, you should ask the seller (for example, during a preliminary conversation on the phone) to have with him an extract from the USRN on the transfer of rights, an archive certificate from the passport office and receipts confirming the absence of debts for utility and other payments. Most likely, at the time of meeting these securities will not be in the hands of the seller (they are not needed for the transaction and sellers usually do not care about collecting them). Then it is worth agreeing with the seller to meet again in a few days, when the missing documents are ready.

Documents on the ground

Seller's ownership of land plot confirmed by two documents. Firstly, this is a document of title - it indicates on what basis the current owner owns the land. A document of title to land can be: a decree on the allocation of land, a sale and purchase agreement, a certificate of the right to inheritance, a court decision, etc. The second required paper is an extract from the Unified State Register of Real Estate - USRN, which confirms the ownership of the plot of a particular person ...

The buyer should be careful enough about the inherited plot, especially if the inheritance is received by will, and not by force of law. The certificate of the right to inheritance always indicates whether the inheritance was received "by will" or "by law". Realtors pay special attention to objects inherited less than 3 years ago. Another situation that should alert the buyer is if the current owner himself acquired the plot recently - less than 3 years ago. In this case, you should insist that the owner additionally present an "extended extract from the USRN" (which will be discussed below).

The second paper - an extract from the USRN - requires no less attention. It should be remembered that from January 1, 2017, an extract from the USRN is the only document confirming the property. All other papers (certificate of lifetime ownership, deed of ownership, etc.) are legal and formally no longer have legal force. However, if the owner of the site registered his ownership before July 15, 2016, he has in his hands a "Certificate of registration of rights", which, at least, says that the owner's rights are registered properly. However, it is better that he presented an extract from the USRN with a recent date. It is needed to make sure that the object is not pledged or encumbered.

When studying the extract from the USRN, you need to make sure that the address indicated there coincides with the real position of the site, check the configuration of the site (there is a drawing in the extract). If you are purchasing a residential building (not a garden house), then you need to make sure that the status of the site allows you to consider the housing built on it really residential building... That is, the site must be located either on land settlements(and have a permitted use individual housing construction- individual housing construction or personal subsidiary plots - private household plots), or on agricultural land (permitted use of summer cottage construction or for gardening or truck farming).

Vladimir Voronov

an expert on suburban real estate of the Academy of Sciences "Link"

You also need to make sure that the papers for the site correctly indicate its characteristics. It often happens that the area of ​​the site indicated in the title document and in the extract from the USRN does not match. In the statement - a more correct option. In addition, by studying the extract, you can understand whether a land survey has been carried out. Let me remind you that from January 1, 2018, it is impossible to sell land plots without land surveying. In the extract from the USRN there is a section number 1, column "area". If it says that the area is "specified", it means that the survey has been carried out. Or the number in the next column will tell you about the survey. If there is a plus / minus sign next to the number for some more (for example, 320 ± 4), this indicates that the site has been surveyed. However, regardless of the age of the survey, I recommend calling a surveyor and clarifying the actual location of the site. This will insure against mistakes made in the preparation of the land survey. It happens that the acquired land occupies large area, than indicated in the documents, it is even worse if there is a farm building (bathhouse or garage) outside the border of the site, which is purchased together with the site.

If it is not clear from the extract from the USRN that the plot is demarcated, and the owner claims that he carried out the survey, then it should be clarified when this was done. It happens that the areas that were delimited before 2008 need to be interleaved, since the coordinate determination system has changed since then. If the land survey was carried out recently, then, perhaps, the owner (or the cadastral engineer who carried out the land survey) did not submit an application to Rosreestr for amending the USRN. A call to " hotline"Rosreestra, tel. 8-800-100-34-34. During the conversation, you will need to name the cadastral number of the site. Therefore, he must be remembered or be able to "spy".

House documents

If the owner approached the sale of the house with all responsibility, then he put the object on the cadastral register ahead of time and formalized the title to it. In this case, the seller has in his hands "an extract from the USRN on the main characteristics and registered rights to the property." This document confirms the ownership of the house. The extract contains, in particular, the name of the owner, cadastral number, address, number of storeys and area of ​​the house. Special attention should pay attention to the cadastral value of the object, as it will affect. In the Sverdlovsk region, the tax on private houses will be calculated on the basis of cadastral value starting in 2019 or 2020.

If the house was built before 1999, then it was most likely registered with the BTI. That is, Rosreestr may lack information about both the house itself and its owner. It is clear that in this case the owner (seller) will not have an extract from the USRN on hand. But then he must have a document confirming his right to the house (title deed). This can be a registration certificate from the BTI, a purchase and sale agreement, a gift certificate, a certificate of the right to inheritance, etc.

As explained in the Office of Rosreestr in the Sverdlovsk region, even if the owner of the house has not formalized his rights to the house, he, nevertheless, can sell this house. In this case, two applications are submitted to Rosreestr (through the MFC) - for registration of rights and for registration of transfer of rights. The applications are accompanied by title deeds for the land and for the house.

When studying the extract from the USRN, as well as the title document, you need to make sure that the data from the documents match the characteristics of the real house.

Egor Mityurev

agent, expert on suburban real estate of the Academy of Sciences "Novosel"

It happens that three-story buildings are registered as one-story buildings. In theory, there is a danger that the municipal authorities will find out about the violation (often this happens due to a "signal" from the neighbors) and will demand that the house be brought in line with the documents. That is, the buyer of such an object must be prepared for conflicts with the chief architecture. Or he will have to get permission for reconstruction and register the house in an honest way.

Owner's passport

The seller's passport must be examined not only to make sure that this particular person is the owner of the house and land. It is also necessary to pay attention to the marital status and understand whether the house was purchased in marriage or not.

Anastasia Chernova

sales specialist of the Academy of Sciences "Nakhodka"

It is very important to know who can qualify for the house and plot. If they were purchased in marriage, then a notarized consent of the spouse for the sale is required. It is also worth checking the presence of minor children, who can subsequently challenge this transaction if their rights have been violated.

If the seller has two or more children, and he bought the house already finished, then there is a possibility that maternity capital was used when buying the house, which means that, by law, all family members should be endowed with shares in this property. If this has not been done, then subsequent transactions with the object may be challenged, therefore, the future owner of the house is at risk. Therefore, the buyer should try to find out whether the mother capital was used when buying the house by the current owner. This is quite difficult, since the participation of the capital in the acquisition of a house is not recorded in the title deed. But if the house was purchased using a mortgage, then the reference to the mother capital may be in the loan agreement.

Step 3. View the papers prepared at the request of the buyer

If, based on the results of the inspection of the house and the plot, a decision (final or preliminary) is made about their purchase, then you can begin the stage of a deeper check of the property you like. As mentioned above, for this you will need an extract from the USRN on the transfer of rights, an archival certificate from the passport office and receipts confirming the absence of debts on utility and other payments.

Extract from the USRN on the transfer of rights

If the seller submits a purchase and sale agreement as a document of title (that is, he himself once acquired a plot with a house for money), then the buyer should investigate the legal history of the property. For this, the "extract from the USRN on the transfer of rights to the real estate object" is best suited. Sometimes this paper is informally called "extended extract from the USRN". It can only be ordered by the owner of the house or a person who has a notarized power of attorney from him. The certificate is ordered from the MFC or (if the owner has electronic signature) on the Rosreestr website. Registration of an extended statement in paper form will cost 400 rubles, in in electronic format- 250 rubles. The processing time is three working days.

The extended extract contains the names of the owners of the site in chronological order, the type of rights of each owner (property, shared ownership.), and most importantly - the date of registration of each transaction.

Lyudmila Plotnikova

You should pay close attention to the terms of ownership of the site and the house. Especially the buyer should be alerted if the current and previous owners of the property owned it for a very short time. There is a danger that a series of lightning-fast transactions is covering up the traces after a risky operation. In turn, if the seller has owned the site for many years, this reduces the risk of "greetings" from the past.

Experts note that an extended extract will also come in handy when checking a plot (plot with a house) that previously passed from one owner to another through inheritance or by court order.

Archival certificate from the passport office

Information about the spouse and children is not always available in the owner's passport. This can be if the passport has recently been replaced (due to loss or when the owner reaches the age of 45) or simply due to a passport officer's mistake. Some idea of ​​the composition of the family of the owner of the house can be obtained from the archival certificate from the passport office. Sometimes it is called an extended or historical certificate in form 40. Such a certificate is issued at the passport office (the modern name of this body is the Center for the Reception and Execution of Documents for Registration of Citizens at the Place of Residence and Place of Stay of the FMS). The archival reference contains information about who and when was registered in the house for the entire time that the current owner owns the house. This reference will help you understand what kind of relatives the owner (seller) has and what risks this may pose for the future owner in the future. As already mentioned, the presence of two or more children may indicate the use of mother capital in the purchase of real estate. Also, in the certificate, you should pay attention to the records on the discharge of citizens, in connection with the departure to places of imprisonment or passage military service... Such people retain the right to live in the house, even if the house is transferred to another owner.

Also, already before the transaction, it is worth asking the seller for a regular certificate in form 40. It indicates the persons registered (registered) in the house at the time of issuance of the certificate. It is desirable that at the time of sale no one is registered in the premises, and certainly none of the minors.

Payment receipts

Before buying a house, you need to make sure that the previous owner has no debt for the "communal" (if the site / house is connected to the networks) for membership and other payments. Therefore, the buyer is advised to review the payment receipts. utilities provided by the owner. Additionally, you can visit the chairman of the garden partnership (if the house is located in SNT) or the office management company(if the house is in a cottage village). Here you can also get information about the possible debts of the seller of the site.

Step 4. Online in-depth verification

Unlike preliminary check in on-line mode, this stage requires significant time and low financial costs.

Simple extract for a plot or house from the USRN

If there is a need to get about the house and the site Additional information, you can order on the Rosreestr website "an extract from the USRN on the main characteristics and registered rights to the object." It can be obtained in paper form for 750 rubles, in electronic form - for 300 rubles. The paper is issued to any citizen.

Denis Vokhmenin

To check the information provided by the owner about the ownership of the house and land plot, it is necessary to order extracts from the USRN for the house and plot. They contain all information about the owner (full name), on the basis for acquiring ownership rights, on restrictions and encumbrances (if any) of real estate objects.

When studying the statement, a potential buyer should carefully study the sections containing data on restrictions - encumbrances (seizures) of rights, as well as on the requirements stated in judicial procedure... Among other things, it may contain data on challenging inheritance rights. Of course, the presence of such legal "appendages" multiplies the risks of the owner of the house and plot.

Previously, the portal site talked about the diversity and the cost of using them.

Is the object an item litigation

Another source of knowledge about the acquired house is the websites of district and city courts. They have search engines that allow you to find court cases (completed or in progress) by the name of the participant in the process. The website of the Federal Bailiff Service may also be of interest. To search on it, in addition to the full name, you need to know the date of birth of the citizen.

Lyudmila Plotnikova

Lawyer of the Ural Chamber of Real Estate

Before buying a house and a land plot on the websites of district courts, you should see if there are any lawsuits around this property, whether relatives are sharing it in court. It is necessary to search in the courts at the location of the property. To the website bailiffs it is worth looking for such a reason - it happens that the bailiff has aroused enforcement proceedings, but did not seize the debtor's property. That is, the USRN does not display information that restrictions have been imposed on the object. And Rosreestr will register a deal with such property. However, if you buy a plot of land with a house from a person in respect of whom enforcement proceedings are underway, then such a transaction may subsequently be challenged. And the buyer will lose the acquired property.

Is the seller in bankruptcy

If the owner of the house is in a state of personal bankruptcy, then the sale of his property to him can be challenged by creditors. Then the object will return to the previous owner, and the buyer will join the line of creditors to receive the money paid for the house with the plot.

Lyudmila Plotnikova

Lawyer of the Ural Chamber of Real Estate

Bankruptcy cases of citizens should be looked for on the website of the arbitration court. But I will note that the absence of a bankruptcy case does not give a guarantee. If the person at the time of the sale was not bankrupt, but went bankrupt within three years after the conclusion of the transaction, there is a risk that the creditors will try to challenge the transaction, on the grounds that it was made with the aim of withdrawing the debtor's property from the creditors. If the transaction was carried out at a price lower than the market price by 25%, then it will most likely be invalidated.

As an additional protection against the possible bankruptcy of the real estate seller, an appropriate guarantee from the seller can be included in the sales contract. The UPN proposes the following wording: “The seller guarantees that he is not declared bankrupt, that no bankruptcy proceedings have been initiated against him and that he does not have debts and / or any other unfulfilled obligations that may entail the initiation of a case against him. bankruptcy and / or collection Money that he does not know anything about creditors who can go to court with a claim to declare him bankrupt, and that he himself does not plan to go to court to declare himself bankrupt. " However, the concept of personal bankruptcy in Russia appeared quite recently, and so far there are no court precedents showing whether such a formulation protects the future owner from challenging the transaction he has made.

Buying an unregistered house

Often, owners of individual plots do not register residential buildings in order to avoid the imposition of real estate tax. Basically, you can buy a plot with an unregistered house. Often in this case, the contract indicates that there are building materials on the site.

Denis Vokhmenin

Chief Legal Adviser of the Academy of Sciences "Nakhodka"

In this case, only a land plot can be legally purchased. And the new owner will have to deal with the registration of ownership of the house (if he decides that this should be done). Wherein new owner may face difficulties in registering ownership of a house, since the entire procedure will depend, among other things, on the category of land and the type of permitted use of the land plot.

The new owner, according to Art. 222 of the Civil Code of the Russian Federation can register a finished building, however, for this he will need a building permit. If the house has already been built, the municipal authorities may refuse to issue a permit. Including, it may be refused on the grounds that the house does not correspond building codes(for example, the indents from the boundaries of the plot are not observed). Therefore, if an unregistered house is purchased (i.e., not registered in the USRN), then it makes sense for the buyer to make sure that the seller has a building permit and the real house corresponds to what is written in the permit.

The purchase of an apartment in the secondary market has its own risks, the main of which is the possibility of challenging the right to an apartment, therefore, in order to verify the purity of the transaction, it is necessary, in particular, to make sure that the documents presented to you are authentic and that there are no third parties' claims to the apartment.

1. Grounds for challenging the rights to an apartment

Grounds for challenging the rights to an apartment may be:

• a conflict between the past heirs of the apartment or an attempt to divide the apartment by the former spouses after the dissolution of the marriage;
• recognition of the former seller of the apartment as legally incompetent (due to old age and (or) mental disorders, alcoholism or drug addiction);
• return from places of deprivation of liberty of a person previously registered in the apartment;
• the appearance of a missing person who was previously registered in the apartment;
• discharge from the apartment without the consent of the guardianship and guardianship authority of minor children registered in this apartment.

2. Documents requiring verification before entering into a transaction

In order to prevent the occurrence of risks or minimize them, it is necessary to study the following documents.

2.1. Seller's documents

These documents, first of all, include:

• passport (citizenship of the Russian Federation or otherwise);
• a certificate from a neuropsychiatric and narcological dispensary regarding the seller's legal capacity (issued to the PND, ND personally to the citizen on the day of contact).

2.2. Documents certifying the ownership of the apartment and the authority of the representative

TO these documents include (article 185.1 of the Civil Code of the Russian Federation; clause 3 of article 35 of the IC RF; part 2 of article 14, part 1 of article 28 of the Law of 13.07.2015 N 218-FZ; part 7 of article 21 of the Law of 03.07. 2016 N 360-FZ; Article 34.4 of the Fundamentals of Legislation on Notaries):

• an extract from the Unified State Register of Real Estate (USRN, until 01.01.2017 - USRR), issued by Rosreestr. Until July 15, 2016, the state registration of the emergence and transfer of rights to an apartment was also certified by a certificate of state registration of rights;
• documents of title to the apartment (the sale and purchase agreement, according to which the apartment was previously purchased, or the exchange, donation, rent agreement, the agreement on the transfer of the apartment into ownership (privatization) or the certificate of the right to inheritance);
• notarized power of attorney (original) in case of sale of an apartment by power of attorney. It is advisable to contact the notary chamber to check the validity of the power of attorney and the powers of the notary. The power of attorney can be revoked by the owner at any time. To avoid the invalidity of the transaction, you should make a request to the notary who issued the power of attorney about its validity, or use the service for checking powers of attorney as part of the United information system notaries through the Internet;
• notarized consent of the spouse to alienate the apartment, if the apartment was purchased during the marriage.

2.3. Documents and information to verify the absence of claims of third parties

Such documents, in particular, include (Article 62 of Law No. 218-FZ):

• an extract from the house book, which contains information about all persons registered in this apartment;
• an extract from the USRN, which contains information about all transactions that took place in relation to this apartment.

It is important that the extract from the USRN is up-to-date (it may become outdated in a few days).

Upon a request sent by a notary to electronic form in automated mode, the requested information is provided in electronic form immediately, but no later than the next working day after the day of sending the corresponding request (part 14 of article 62 of Law N 218-FZ).

The extract shows whether the apartment was under arrest, whether it was encumbered in any other way, how many times it was sold, donated, whether there were civil disputes with respect to this apartment.

Note!

If there are any doubts (frequent sale of an apartment, sale by proxy, temporary check from an apartment, etc.), pay attention to the prescription of these transactions or disputes, since the term limitation period on the recognition of transactions as invalid is one or three years, depending on the grounds on which the transaction may be recognized as invalid ( Art. 181 of the Civil Code of the Russian Federation).

If there is no information about the apartment in the USRN, it means that after privatization, no transactions were carried out with it. However, it should be borne in mind that information about real estate transactions is entered into the USRN from 01/31/1998. Information on transactions before the specified date can be obtained either from the local administration (in Moscow authorized body is the Department of City Property of Moscow and its territorial divisions), or in the Bureau technical inventory, since until 1998 the function of maintaining the register of real estate objects was entrusted to this body (https://notariat.ru/

Prepared based on material

lawyer Bogatkov S.A.

Agree that buying real estate is not the easiest thing to do, especially for the first time. The agony of choosing the perfect apartment is combined with many questions about the registration procedure. There is a desire not to waste time, energy, and most importantly, your own money. Sound familiar?

the site will sort through all the possible risks and tell you how to check the apartment for cleanliness upon purchase.

Acquisition of an apartment in the primary market

Apartments in houses under construction are presented on the primary market. They have not yet had an owner, moreover, they do not exist as material object... Due to this, the main risk of the buyer is associated with the fact that the developer will not build and / or commission the property.

On the other hand, such a “new” apartment has a number of advantages in terms of risks:

• there is no need to check her history;
• there is no risk of illegal redevelopment;
• it is easy to get information about the seller, i.e. about the developer.

So, you are giving money for a "pig in a poke", and therefore you are dependent on the developer. Therefore, it is so important to choose it correctly. Details on how to do this Key moment- pay attention first to the formal data of the company: history, financial statements, deadlines for the completion of previous construction projects.

Yes, there is no 100% guarantee against rescheduling or freezing the construction of a residential building. But it is possible to minimize the risks. An alternative is buying a home on the secondary market, that is, from the owner.

Buying an apartment on the secondary market

In the secondary market, the real estate object is not "ghostly", but quite real. Therefore, the risks of the transaction are very diverse.

Most cases of consumer fraud occur in the secondary market. Learn more about popular types of fraud

All the main risks when buying an apartment on the secondary market can be divided into several groups. Let's consider each in more detail.

Risks associated with the identity of the seller

Risks related to the rights of others

Risks associated with the property

How to find out the history of the apartment

With the advent of the Unified State Register of Rights, and then the Unified State Register of Real Estate, it became easier to verify the legal purity of an apartment before buying.

You can get several types of statements from the register, including:

• about real estate objects;
• about the owners of real estate objects;
• on the emergence, change and termination of rights to real estate objects;
• about the cadastral value of the object.

How do I get a statement? The simplest one - about a real estate object - is available electronically on the official website of Rosreestr. It is available to anyone. For others, contact:

• branch of Rosreestr or the cadastral chamber.

Thanks to an extract, you can minimize the chance of buying an apartment with a bad history.

Another important document is an extract from the house register, it is also a certificate in form No. 9 or a certificate of registration. It contains information about currently registered and deregistered individuals... It can only be obtained by the owner or registered person.

Where to get it?

• at the MFC;
• in the territorial office of the FMS;
• in a housing maintenance institution.

How to check the legal purity of a purchase and sale transaction

If you are sure that there are no problems with the apartment, then do not rush to relax. You need to check the legal purity of the transaction when buying an apartment. Stay vigilant while signing the sales contract.

What should be the contract for it to be legally binding? The law establishes obligatory form- written in the form of one document signed by the parties. You will need three copies: for you as a buyer, for a seller and for Rosreestr.

In addition to the form, the content of the contract is also important. Make sure it contains the following:

• data on the parties to the contract: the seller and the buyer;
• information about the subject of the contract, i.e. about the apartment itself;
• direct obligation of one party to transfer the apartment, and the other - to accept it and pay the price;
• information about the price and method of payment;
• a list of persons with an indication of their rights to use the sold living quarters, If there are any.