If you refuse the services of an agent, then several tens of thousands of rubles can be saved on checking the legal purity. With the right attitude, even self check identify possible weak points of the object. Moreover, some of the verification steps can be carried out using Internet resources, in particular, the Rosreestr website. The portal site provides several recommendations with which the buyer will be able to independently check the legal cleanliness of the site with the 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 when buying such an “unofficial” object, one must be sure that it is built in accordance with building and fire codes, and it can be registered if such a need arises (for insurance, inclusion in a will, etc. ).
Step 1. Online Pre-Check
The buyer usually conducts a legal check of the purity of the acquired object after he has personally examined all the proposals that interested him and made a choice. However, quite important information about the plots with houses put up for sale can be obtained even before leaving for the "bride" 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 set the time for 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 the site / house has been assigned an address). This is not secret information, it makes no sense 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. True, it is worth considering that the 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 kadastr.ktotam.pro resource. Here you can find out the cadastral number for free if you enter the address of the object.
Quite a lot about the property will tell the page of the Rosreestr website "Reference information on real estate objects online". Here you can find out the address, the cadastral value of the object, the area of the site and the house, the date of registration of ownership, as well as the presence of restrictions - whether the object is in a mortgage, pledge 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 purchase and sale of the object is impossible.
In addition, information about the site and 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, permitted use and the size of the object.
Step 2. Examine the documents available from the seller
The seller of a private house, by default, must have documents confirming his ownership of the land, a title document 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 telephone conversation) to carry an extract from the USRN on the transfer of rights, an archival certificate from the passport office and receipts confirming the absence of debts for utility and other payments. Most likely, at the time of the meeting, the seller will not have these papers on hand (they are not needed for the transaction, and sellers usually do not care about collecting them). Then it is worth agreeing with the seller on a re-meeting in a few days, when the missing documents are ready.
Land documents
The seller's ownership of land plot supported by two documents. Firstly, it is a title document - it indicates on what basis the current owner owns the land. The title document for land can be: a decision on the allocation of land, a contract of sale, a certificate of inheritance, a court decision, etc. The second required paper is an extract from the Unified State Register of Real Estate - EGRN, which confirms the ownership of the land of a particular person .
The buyer should be careful enough about the land received as an inheritance, especially if the inheritance was received by will, and not by virtue of law. In the certificate of the right to inheritance, it is always indicated whether the inheritance was received “by will” or “by law”. Realtors especially carefully study the objects inherited less than 3 years ago. Another situation that should alert the buyer is if the current owner himself acquired the site recently - less than 3 years ago. In this case, you should insist that the owner additionally present an "extended extract from the USRN" (it 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 Unified State Register of Real Estate is the only document confirming the title to the property. All other papers (certificate of lifetime ownership, deed of ownership, etc.) are title deeds and formally no longer have legal force. However, if the owner of the site registered his ownership before July 15, 2016, he has a “Certificate of Registration of Rights” in his hands, which at least says that the owner’s rights are properly registered. However, it is better for him to present 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 an extract from the USRN, you need to make sure that the address indicated there matches the actual location of the site, check the configuration of the site (there is a drawing in the extract). If a residential building (not a garden house) is purchased, 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 permitted individual use housing construction- IZHS or personal subsidiary plot - LPH), or on agricultural land (permitted use for summer cottage construction or for gardening or horticulture).
Vladimir Voronov
country real estate expert of the Academy of Sciences "Link"
You also need to make sure that the characteristics of the site are correctly indicated in the papers for the site. It often happens that the area of the plot indicated in the title document and in the extract from the USRN does not match. In the extract - a more accurate version. In addition, by studying the extract, you can understand whether a site survey has been carried out. Let me remind you that from January 1, 2018, land plots without land surveying cannot be sold. In the extract from the USRN there is section No. 1, column "area". If it says that the area is "specified" - this 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 some more (for example, 320 ± 4), this indicates that the site has passed the survey. However, regardless of the duration of the survey, I recommend calling a surveyor and clarifying the actual location of the site. This will make it possible to insure against mistakes made in the preparation of the boundary case. It happens that the acquired land occupies large area than indicated in the documents, it is even worse if there is an outbuilding (bathhouse or garage) outside the site, which is purchased along with the site.
If it is not clear from the extract from the USRN that the site is demarcated, and the owner claims that he carried out the survey, then it should be clarified when this was done. It happens that sections demarcated before 2008 need to be interleaved, since the coordinate system has changed since then. If the survey was carried out recently, then perhaps the owner (or the cadastral engineer who conducted the survey) did not submit an application to Rosreestr to amend the USRN. A call to " hotline» Rosreestr by phone. 8-800-100-34-34. During the conversation, you will need to name the cadastral number of the site. Therefore, it must be remembered or be able to "peep".
Documents for the house
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 ownership of 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, in particular, indicates: the full 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 not have 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 in his hands. But then he must have a document confirming his right to the house (title document). This can be a technical passport from the BTI, a contract of sale, a deed of gift, a certificate of inheritance, etc.
As explained in the Rosreestr Office for the Sverdlovsk Region, even if the owner of the house has not formalized his rights to the house, he can still sell this house. In this case, two applications are submitted to Rosreestr (through the MFC) - for the registration of the right and for the registration of the transfer of the right. Applications are accompanied by title papers for the land and the house.
When studying an extract from the USRN, as well as a title document, you need to make sure that the data from the documents match the characteristics of a real house.
Egor Mityurev
agent, suburban real estate expert of the Novosel Academy of Sciences
It happens that three-story buildings are registered as one-story. Theoretically, 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 demand that the house be brought into 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 the reconstruction and register the house honestly.
Owner's passport
The seller's passport must be studied 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 claim the house and land. If they were bought 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 ready, then it is likely that maternal capital, which means that by law all family members must be endowed with shares in this property. If this was not done, then subsequent transactions with the object can be challenged, therefore, the future owner of the house is at risk. Therefore, the buyer should try to find out whether the mother's capital was used when buying a house by the current owner. This is quite difficult, since the participation of mother capital in the acquisition of a house is not recorded in the title document. But if the house was purchased with a mortgage, then the mention of 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 to purchase them, then you can begin the stage of a deeper check of the property you like. As mentioned above, this will require an extract from the USRN on the transfer of rights, an archival certificate from the passport office and receipts confirming the absence of debts for utility and other payments.
Extract from the USRN on the transfer of rights
If the seller presents a contract of sale as a title document (that is, he himself once purchased a plot with a house for money), then the buyer should investigate the legal past of the property. For this, the “extract from the USRN on the transfer of rights to the object” is best suited real estate". Sometimes this paper is informally called "extended extract from the USRN." It can be ordered only by the owner of the house or a person who has a notarized power of attorney from him. The certificate is ordered at the MFC or (if the owner has electronic signature) on the Rosreestr website. Making an extended statement in paper form will cost 400 rubles, in electronic form - 250 rubles. Processing time is three business days.
The extended extract contains the full name of the owners of the site in chronological order, the type of right of each owner (property, fractional ownership.), and most importantly - the date of registration of each transaction.
Ludmila Plotnikova
You should pay close attention to the terms of ownership of the land and the house. The buyer should be especially alert if the current and previous owners of the object owned it for a very short time. There is a danger that a series of lightning deals is covering up the tracks after a risky operation. In turn, if the seller has owned the site for many years, this reduces the risk of “hello” from the past.
Experts note that an extended extract will also come in handy when checking a plot (a 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 because of a mistake by the passport officer. 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 Receiving and Issuing Documents for Registration of Citizens at the Place of Residence and Place of Stay of the Federal Migration Service). The archival certificate contains information about who and when was registered in the house for the entire time that the current owner owns the house. This certificate will help you understand what kind of relatives the owner (seller) has and what risks this may turn out to the future owner in the future. As already mentioned, the presence of two or more children may indicate the use of maternity capital in the purchase of real estate. Also in the certificate, attention should be paid to the records of the discharge of citizens, in connection with their departure to places of deprivation of liberty or passage military service. Such people retain the right to live in the house, even if the house has passed to another owner.
Also, before the transaction, you should ask the seller for a regular certificate in form 40. It indicates the persons registered (registered) in the house at the time the certificate was issued. It is desirable that at the time of the sale no one was 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 does not have debts for the “communal” (if the plot / house is connected to the grid) for membership and other payments. Therefore, the buyer is advised to familiarize himself with the utility bills that the owner will provide. Additionally, you can visit the chairman of the garden association (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: Deep check online
In contrast to the on-line preliminary check, this stage requires significant time and small financial costs.
A simple extract for a plot or a house from the USRN
If there is a need to get about the house and the plot 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
In order to verify the information provided by the owner on the ownership of the house and the land plot, it is necessary to order extracts from the USRN for the house and land plot. They contain all information about the owner (full name), on the basis for acquiring ownership, on restrictions and encumbrances (if any) of real estate objects.
When studying the extract, a potential buyer should carefully study the sections containing data on restrictions - encumbrances (arrests) of the right, as well as on the requirements stated in judicial order. In particular, it may contain data on the contestation of inheritance rights. Of course, the presence of such legal "makeweights" greatly increases the risks of the owner of the house and land.
Previously, the portal site talked about the diversity and the cost of using them.
Is the object an object litigation
Another source of knowledge about the purchased house is the sites 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.
Ludmila Plotnikova
lawyer of the Ural Chamber of Real Estate
Before buying a house and a plot on the websites of district courts, you should see if there are lawsuits around this property, if relatives divide it in court. You need to look in the courts at the location of the property. To the website bailiffs worth a look for this reason - it happens that the bailiff initiated 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 with a house from a person in respect of whom enforcement proceedings are underway, then such a transaction may be subsequently 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 creditors will be able to challenge the sale of his property to him. Then the object will return to the former owner, and the buyer will join the queue of creditors to receive the money paid for the house with the plot.
Ludmila Plotnikova
lawyer of the Ural Chamber of Real Estate
Bankruptcy cases of citizens should be searched on the website of the arbitration court. But I note that the absence of a bankruptcy case does not give a guarantee. If a person was not bankrupt at the time of the sale, but went bankrupt within three years after the conclusion of the transaction, there is a risk that the creditors will try to protest the transaction, on the grounds that it was made in order to withdraw 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 certainly be declared invalid.
As an additional protection against the possible bankruptcy of the real estate seller, an appropriate guarantee from the seller can be included in the contract of sale. The OPN proposes the following wording: “The seller guarantees that he is not declared bankrupt, that he has not been initiated and is not in the process of bankruptcy, that he does not have debts and / or any other unfulfilled obligations that may lead to the initiation of a bankruptcy case against him bankruptcy and/or foreclosure Money that he does not know anything about creditors who may apply to the court 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 judicial precedents showing whether such a wording protects the future owner from challenging the transaction he made.
Buying an unregistered home
Often, owners of individual plots do not register residential buildings in order to avoid real estate tax. In principle, 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
General Counsel of the Academy of Sciences "Nakhodka"
In this case, only land can be legally acquired. And already 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 when registering the ownership of the house, since the whole procedure will depend, among other things, on the category of land and the type of permitted use of the land.
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 for the reason that the house does not comply building codes(for example, indents from the boundaries of the site are not respected). Therefore, if an unregistered house is purchased (i.e. not registered with 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 question of legal verification of an apartment before buying is mainly asked by buyers who have decided on the purchase of a particular property. The goal is simple and obvious - to protect yourself and your property from future claims of third parties. If the transaction will take place through a real estate agency, then they are required to check everything legal nuances themselves. If it is decided to conclude an agreement without the help of a realtor, then it is extremely important to be able to understand the documents and know what is required to re-register property rights.
What documents do you need to check when buying an apartment
Regardless of whether the transaction will be completed with the help of a qualified agency or independently, it is better for the seller and the buyer to have basic legal knowledge. Before signing the contract and actually transferring the money, it is important to collect the necessary documentation for the transaction.
IN without fail you need to check the documents confirming the seller's rights to the apartment. The main document is a certificate of ownership. In the text of any certificate there are links to documents that were the basis for registering the right for a person.
Most often, such title documents are contracts of sale, donation, exchange. It is important for the buyer to know that the FRS blue seal must be on the reverse side of such an agreement. If it is not, then it will be impossible to make a deal. Both the certificate and the contract will be submitted to the FRS for registration of the transaction.
How to check the seller's passport
Passport data indicated directly in the certificate and the contract must correspond to an official document confirming the identity. If a person changed his passport, then the old data is stored on the last page of the new document.
If possible, it is better to take a copy of the seller's passport and independently verify the authenticity of the document through the official website of the migration service.
How to check the certificate of ownership of the apartment
It is better to find an opportunity to personally hold the original certificate of registration of property in your hands. It must be on stamped paper, having a number, and also free of defects, erasures and other corrections. The document contains information about the copyright holder, his passport data, and as for real estate, the address and area. Also, information about the presence of restrictions and encumbrances will be visible in the certificate, but we must not forget that they are indicated at the time the certificate was issued.
How to check an apartment for encumbrance and whether an arrest has been made
Before concluding a contract, you need to check the property for the presence of encumbrances, which, among other things, include arrest, pledge, rent. Fresh information that corresponds to reality can only be found in the extract from the USRR for this apartment.
You can order a paper statement in person at the FRS or the MFC. If there is no desire to spend time on this, then it is better to contact the services of an employee of a real estate agency so that he receives it. If enough electronic form help, you can make a request on the Rosreestr website.
Do I need a cadastral passport
Needed. When submitting a package of documents to the FRS for registration of property rights, both the cadastral and technical certificate. If at least one is missing, the seller must make it. Moreover, it is better to personally check the correspondence of the location of walls and windows according to the passport. If there are redevelopments, but they are not displayed in the document, then it is better to ask the seller to update it.
Do I need the consent of my spouse?
If the seller is married, then when selling real estate, he must provide the consent of his spouse. The conversation is not about oral confirmation, but about a document that is drawn up by a notary and certified by him. Employees of the FRS or the MFC, to which documents for registration of rights will be submitted, will refuse to accept if there is no consent from the spouse.
How to check an apartment in Rosreestr via the Internet
Before buying a property, be sure to check it yourself. Previously, this could be done by visiting the registration service in person and ordering an extract from the USRR. Any person can make a request, not necessarily the owner. State structures they try to keep up with the times, and today you can order a certificate while sitting at home, online.
To do this, go to the official website of Rosreestr, go to the section " For individuals”and order an extract from the USRR, which will contain the entire history of the apartment. The buyer should be alerted if the property has been frequently resold.
How to check the presence of registered persons
We must not forget that the registered persons have the right to live in the apartment. Before buying a property, the seller must write everyone out. However, there is a small nuance - some categories of citizens may later appear and claim the right to live in real estate:
Convicted and temporarily discharged to places of isolation from society;
- under treatment and temporarily discharged to a psychoneurological dispensary;
- passing military service;
- minors living in educational institutions;
- pensioners temporarily residing in nursing homes.
To exclude the presence of such persons, you need to demand from the seller an extended certificate, which is issued at the passport service. Information about the absence of registered persons should be displayed in the contract for the sale of an apartment.
How to check for debts in an apartment
Before buying, the buyer can ask the seller to take a certificate from the Housing Office stating that there are no debts for gas, electricity, water supply, etc. Such a certificate must be fresh, because we are talking about the seller paying for everything public Utilities up to the last month. Otherwise, the new owner will have to pay the debts.
If you buy an apartment in elite house, then you need to check the debts for the intercom, security, concierge and other additional, but mandatory payments for residents. It happens that the seller is insolvent and unable to pay the debts for the apartment. In such a situation, the buyer can pay himself, but by reducing the cost of real estate. Information about the absence of debts must be displayed in the contract of sale.
What to check if the apartment was inherited
The buyer may also be alerted if the certificate indicates that the apartment is inherited. The key question here is whether there are other heirs.
But even if 3 years have passed, we must not forget that the heir can provide the court with special grounds for respectfully missing the deadline. And if the court deems it possible, then even after 5 years the apartment can be returned to the heir. This outcome of the situation is more the exception than the rule, but it is better to insure yourself.
Together with the seller, you can visit the notary who issued him a certificate of inheritance, and request a certificate of the absence of other heirs or their refusal to inherit. It will not be possible to obtain such a document without a seller, the notary will not talk to outsiders who had nothing to do with the inheritance case.
What to do if the seller is a minor
In such a situation, there is some risk for the buyer, since in order for the registration service to allow the re-registration of the right, it is necessary that the guardianship and guardianship authorities issue the appropriate permission. And they issue it when the purchase of another property for the child is confirmed. As a result, the money may have already been transferred, and the documents will not be accepted by the Fed.
What to do if there are suspicions of the inadequacy of the seller
Life situations are different and it is better to ask the seller before buying to provide a certificate from the psycho-neurological dispensary that he is not registered. In practice, such references are rare.
However, if during the conversations of the buyer something alerted the behavior of the seller, then it is still worth asking for such a document.
Buying an apartment is a serious undertaking. It is quite difficult to carry out a legally competent transaction, because the purchase of real estate is accompanied by the risks of encountering scammers. How to protect yourself from force majeure, what to look for when buying an apartment? You will learn about this from our article.
○ Features of procedures.
Buying a home begins with an inspection of the dwelling and the territory adjacent to the house. It is at the first stage that the future buyer decides whether he likes the apartment or it is better to find a better option.
The second stage is to check the legal purity of the property. It is in the interests of the buyer to take into account all the nuances so that after the transaction not to be taken aback by the sudden appearance of distant relatives and part-time owners of the apartment. In parallel with the verification of documents, the buyer must evaluate the direct seller.
○ Legislative regulation.
Civil law transactions with the purchase of real estate are based on the conclusion of an agreement for the sale of an apartment (Article 550 of the Civil Code of the Russian Federation). The agreement is drawn up in writing and signed by both parties to the transaction. The law allows for the exclusively voluntary conclusion of such agreements - otherwise the transaction is recognized as void and may be appealed in court.
According to paragraph 1 of Art. 551 of the Civil Code of the Russian Federation, the parties to the contract of sale draw up a deed of transfer. The agreement serves as the basis for the transfer of the apartment from the former manager to the new owner. Legal relations require registration with Rosreestr or the My Documents branch (formerly the MFC). After state registration apartments real estate rights are transferred from the seller to the buyer.
○ What and how to check before buying an apartment?
Subject to verification standard package real estate documents. The absence or dubiousness of any document should alert the buyer.
Documents to be verified:
- Passport of the owner (power of attorney of the representative).
- Certificate of ownership.
- Legal documents for the apartment.
- Extract from the house book.
- Written permission from the spouse to complete the transaction.
- Confirmation of the guardianship authority, if minors are registered in the apartment.
Particular attention is paid to an extract from the house book and a certificate of transfer of rights to housing. In the first case, you will find out if there are other applicants for the apartment, in addition to the seller. The certificate is checked against the extract, and the comparison shows whether the rights of other owners have been violated. It will not be superfluous to also take a certificate of no debts for housing and communal services.
✔ Title deeds
Checking the apartment is not complete without studying the title documents. Scroll necessary papers contained in the certificate of ownership (provided by the seller). The absence of a document from the list is a clear reason to send a request to Rosreestr. It is possible that the paper was lost during the move. But if the documents are not found, feel free to refuse to buy such an apartment!
The certificate and title documents contain the following information:
- About the owner.
- Specifications apartments.
- cadastral data.
- State registration number.
- Date of registration, etc.
Only originals are subject to verification, which must be verified with notarized copies. Pay attention to state seals, stamps and signatures of authorized persons.
✔ History of the apartment
The legal "purity" of real estate, it is also history, is recognized by an extract from the USRN. A sample certificate contains information about the arrest of the apartment, prohibitions on transactions, as well as information about previously concluded transactions.
Too frequent resale of housing usually indicates the unprofitability of the upcoming purchase. The lack of information about the apartment in the USRN, on the contrary, increases the chances of a successful sale of housing. A request for the necessary information is submitted to the municipality at the location of the property.
✔ Quality of housing
Equally important is the compliance of the apartment with housing regulations. In order to check the cadastral information, ask the owner to provide documents from the BTI. Pay attention to the plan - it indicates possible changes redevelopment. From the documents you can find out whether the changes were legalized in advance or the owner received permission from the municipality.
You should not mess with housing where the design of the load-bearing walls is broken. Moreover, pass by apartments with illegal and unauthorized redevelopment. In accordance with Art. 7.21 of the Code of Administrative Offenses of the Russian Federation, inconsistent reorganizations living quarters are punishable by a fine in the amount of 1,000 to 2,500 rubles with a requirement to eliminate the violations. IN this case all the blame will fall on the shoulders of the buyer, as the future manager of the property.
✔ Third party rights
Registered persons live in the apartment until the owner sells the property to the buyer. An extract occurs in advance, however, third parties may suddenly appear on the horizon:
- Those in places of detention.
- Undergoing treatment in the PND.
- Conscript soldiers.
- Minors in educational institutions.
- Retirees from nursing homes.
You can take care of preventing problems with the rights of third parties by reading the extended help. The document is issued at the passport office at the request of the person.
✔ Seller verification
Be sure to verify the seller's identity before signing a sales contract. The passport data presented to them must match the information in the certificate of ownership of the apartment. Ask the seller to make copies of his passport to check the information in the migration service.
There are situations when the buyer doubts the seller. In this case, politely ask for a certificate from the psycho-neurological dispensary on the absence of registration. There is nothing shameful in the request, but you need to be prepared for any reaction from the seller.
○ How to conduct a home inspection?
Inspection of the apartment can be survey (superficial) or detailed. The survey aims to study the characteristics of the apartment for suitable living conditions. For example, the buyer will not immediately like the layout or will not be satisfied with the joint bathroom.
A detailed examination is carried out after a general examination, usually after a few days, as they say, with a fresh look. In the course of a detailed study of the technical features of the apartment, inspect the sockets, network engineering, the work of counters and other parts of the house. A detailed inspection translates into a quick conclusion of the contract of sale.
✔ What to look out for
The importance of inspecting an apartment lies primarily in identifying shortcomings. In the future, this will help bring down the price of housing or require the elimination of problems at the expense of the seller.
Pay attention to the following parameters:
- The interior of the apartment.
- The number of floors, the efficiency of the elevator.
- Availability of parking lots and playgrounds.
- The exterior of the house.
- character of neighbors.
- Location of kindergartens, schools, hospitals, entertainment centers.
- The presence of a forest or park area.
skipping important details before the conclusion of the contract, you risk losing finances to eliminate deficiencies.
✔ How to understand a profitable or not offer
Sometimes in ads you can find the phrase "bargaining is appropriate" - a well-known signal that the seller is providing a discount. But not everything is as simple as it might seem at first glance. About 80% modern apartments in the secondary housing market are overpriced. You need to start haggling about the price only after inspecting the property, but not before. Why? The discount is provided only when shortcomings in housing are identified, and not just one phrase in the ad.
Focus on the discrepancy between the real and the declared state of affairs. For example, the kitchen area indicated in the ad is 10 sq. meters, but in fact only 9.6 square meters. meters. Or the seller indicated one distance to the nearest metro, but the journey is much longer. Finally, focus on the unimportant appearance from the window. Let the size of the discount be not a million, but several thousand rubles, but you will save on buying a home.
Legal check of the apartment upon purchase. Where is carried out due diligence apartment, why it is needed and how to spend it most quickly.
Checking the legal purity of the apartment is an important step in concluding a deal when buying a property. How to implement it correctly?
Legal check of the apartment when buying - what to look for
When making transactions with property, the presence of a lawyer is required. Only a specialist will point out the important nuances of the operation. But you can handle the task on your own.
Legal puritybut is a term that has appeared recently. It is used to describe property that will not, under any circumstances, be canceled or revoked. In fact, this is how they characterize the most correct scheme for concluding contracts.
This requires:
check the seller's rights to the property;
see who is registered in the property;
make sure that the owner's spouse and co-owners agree to the transaction;
check for encumbrances and restrictions.
Checking the legal purity of the apartment before buying - how to behave
In order to check the legal purity of the property, you must first contact the seller. It is desirable that the real estate transaction is accompanied by an experienced lawyer. For example, a notary.
1. Carefully inspect the apartment at the meeting. Ask about past tenants and neighbors.
2. Ask for an identity document from a potential seller.
3. Examine the extract from the USRN for the object.
4. Ask the owner to present the title papers for the property.
Legal verification of the apartment - where to carry out
Before making a purchase and sale of real estate (for example, an apartment), a potential buyer must make sure that the transaction is clean. It is proposed to check the property through:
- "Public services";
Rosreestr website;
The first option is not used very often. Let's look at more common options.
Official website of the State Register and legal verification of the apartment
Even when receiving an inheritance or gift, you need to check the transferred property. In most cases, it is required to issue an extract from the USRR. The cost of a document is on average 450 rubles (250 rubles-electronic analogue). For extended help give 700 rubles.
To act when checking an apartment for legal cleanliness is required as follows:
1. Open the service.
2. Fill out the form.
3. Pay for the service.
You can order an extract in person. To do this, you need to contact the State Register. It is desirable that the owner of the object does this.
He needs to prepare:
a receipt for payment of the fee;
property title certificate.
By submitting a request for an extract, a citizen will receive a document with data on property. Certificates of title to real estate have not been issued since 2017.
