Preparation of documents for sale. What documents are needed when selling an apartment? Let's prepare in advance! Deal from start to finish

If you are thinking about selling your apartment in the near future, now is the best time to start collecting documents for the transaction.

This will allow you, once a buyer is found, to register the deal immediately and receive cash soon.

And buyers, as a rule, do not really like to wait until the owner collects all the necessary papers. Therefore, you need to be fully armed and know what documents are needed to sell an apartment.

We will talk about what documents are needed to buy and sell an apartment, where to get them and how much it costs in this article.

Let's look at what documents are needed to sell an apartment. The first nuance that is worth paying attention to is the validity period of many documents.

About half of the standard set is unlimited, some must be received several weeks before the transaction, and some are valid for about three months.

In order not to run through authorities ten times, it is advisable to make statements with a limited validity period immediately before entering into a deal.

But everything will depend on the buyer: someone will agree to see an extract from the house register during the transaction, and someone may request it at the stage of making a decision to purchase.

List of documents for the purchase and sale of an apartment:

Homeowner's passport(or all owners, if the apartment belongs to more than one owner). Original, valid, without any extraneous marks that might invalidate it.
Documents confirming the basis for the emergence of property rights to housing. These are: a will, a certificate of inheritance, a housing privatization agreement, donation, exchange, purchase and sale.
Certificate of ownership. If you did not receive it when registering the transaction, or lost it, you will have to restore it. An unregistered transaction of gift or inheritance will not allow you to dispose of the area, since in fact you are not its owner.
Cadastral passport of the apartment. Contains information about the cadastral value of the property, the plan of the apartment, information about its footage, and the cadastral number. You can order an extract from Rosreestr: online (informational) or in paper form with a stamp (needed for the transaction).
Technical data sheet and explication. It is not required directly for the transaction, but is necessary when communicating with the buyer. Reflects all redevelopments, if any, and their legality.
Certificate from the tax service. Confirms that there is no property tax debt.
Certificates from housing and communal services and management companies. Confirm that there is no debt for utilities (electricity, gas, water, telephone, rent).
Statement of the apartment's personal account. Confirms the absence of rent arrears, obtained from the housing and communal services accounting department. Must be certified by the boss (signature and seal). Without this it is invalid.
Extract from the house register. Provides information about all persons registered in the apartment. Before the purchase and sale transaction, everyone registered in the area must check out. This is done only after the buyer has made an advance payment. It’s not worth checking out earlier, especially since deals tend to fall through.
Extract from the Unified State Register. Shows the “history” of the apartment: change of owners, presence, removal or absence of encumbrances.
Consent of the spouse to the transaction, certified by a notary. Required if the apartment was purchased during marriage. Even if you are divorced, you will need it. It is not required if the apartment was received as a gift, transferred by will or inheritance, as well as if there is a marriage contract between the spouses.
Consent of guardians and guardianship authorities to the transaction. Required when the owner of the property or one of the owners is a minor.
Certificate from a psychoneurological and drug addiction clinic. Confirmation of the adequacy and capacity of the seller. Usually required during a mortgage transaction or if the buyer has doubts. A regular driver's license may be suitable instead. If a certificate is required, it is ordered for a fee at the specified dispensaries.

This is the main list of documents that you will need for the alienation transaction.

Selling an apartment for cash

Now let's talk in more detail about options for selling a home, and additional documents that may be required for this.

When selling a home for cash, the seller will need documents according to the list above, and the purchase and sale agreement itself. If an advance payment was made for housing, then a receipt confirming the transfer of the advance payment.

An agreement on the settlement procedure is also drawn up directly during the transaction.

The seller may require full payment when signing documents, or receive funds after the official registration of the transfer of ownership occurs. In the latter case, the money is usually placed in a safe deposit box rented by the buyer.

The lease agreement will need to be attached to the documents listed above. It will be possible to gain access to the money after the seller and the buyer come to the bank and present a document allowing access to the funds.

This is usually a certificate of title issued in the name of the buyer.

If the settlement is made on the day of signing the contract, include in it a clause on the procedure for returning funds if the transaction is not registered for some reason.

Selling an apartment with a mortgage

During a mortgage transaction, it is usually necessary to collect a very impressive list of documents.

Without them, the bank simply will not allow the parties to enter into a deal.

In addition to the standard package of documents, the following documents will be required:
Certificate of appraised value of the property. As a rule, the buyer pays for the assessment, but on your part you will need to provide the appraisers with access to the apartment at the appointed time. Remember that the estimated value of the property may differ from the one you set when selling.
Certificate from the PDN and ND (psychoneurological and narcological dispensaries). In a mortgage transaction, presentation is strictly required, as this is a requirement of the bank.
Real estate insurance contract. The buyer pays for the insurance immediately before entering into the transaction. Typically this is insurance against the risks of loss of ownership and damage to housing.

Marriage contract. If you are married and you purchased the apartment during this period. Submitted upon availability.

Selling an apartment is a responsible and very important event for most citizens. Usually it is preceded by a certain preparation, both moral and material.

In the current conditions, it is important to think through every step of the upcoming transaction, carefully study all possible subtleties and nuances, and find out what needs to be done for this.

And you need to start preparing by preparing a certain package of documents. Moreover, correctly executed and fully collected documentation necessary for the sale is perhaps the most important stage in the transaction and the key to its success. To ensure that no difficulties arise during the sales process,.

this issue needs to be addressed in advance

Who can be the seller of an apartment?

First you need to figure out who can act as a seller of residential premises. The right to conclude a transaction for the sale of living space has only its actual owner.

That is, the person indicated in the documents for the apartment (for example, in the certificate of ownership, in, in, in the certificate of registration of rights to residential premises).

It happens that the direct owner of the apartment cannot personally act as a seller or does not have the opportunity to be present during the transaction. Then on his behalf a proxy can act.

But this is only possible if there is a power of attorney, which must be issued by the owner himself. Another indispensable condition is that it must be notarized.

Absolutely any legally capable person can receive such a power of attorney, be it a relative, friend, acquaintance, or others.

Often when selling an apartment the question arises: what to do? if the owner is a minor citizen. In this case, if the child is not yet 14 years old, then all transactions for him are carried out by his parents, guardians or other legal representatives.

If a teenager is between 14 and 18 years old, then he has the right to act on his own behalf, but only with the consent of his legal representatives.

Basic package of documents

There is a certain list of documents without which it is impossible to conclude a transaction for the sale of an apartment or it will simply be considered invalid.

Therefore, before taking any action in this direction, it is necessary to find out what kind of documents these are and prepare them in advance.

The list of documents required for selling an apartment is as follows:

In many cases, buyers are more willing to agree to the purchase, and the process is much faster if the necessary documents are already in the hands of the seller.

Documents confirming the purity of the transaction

You can verify the purity of the transaction for the sale of an apartment by reading everything:

expanded (Unified State Register of Rights to Real Estate);

First document allows you to trace the entire history of the apartment, namely all transactions made with its participation.

The second reflects all persons currently living or ever registered in this living space. From it you can find out whether any arrest, restriction or encumbrance has been imposed on the apartment.

Exactly these documents can most fully show the “cleanliness” of the living space. After all, the main difficulties and suspicions of dishonesty are usually caused by the history of the residential premises and the residence of third parties in it.

If over the past few years the apartment has been repeatedly resold, this cannot but raise doubts about the legality of all previous transactions.

If you do not track everyone, it may turn out that not all residents were discharged during the sale. Persons registered on a permanent basis may well qualify to live on it together with the new owner.

But when making a transaction, it’s not only these documents that you need to pay attention to. Each document is subject to careful study.

Additional documents

To successfully sell an apartment, a number of additional documents may be required:

Documents for state registration of transfer of ownership

The procedure requires the following documents:

Selling an apartment is not an ordinary or ordinary procedure. To avoid falling into the hands of fraudsters and to avoid losing both real estate and money It is strongly recommended not to engage in amateur activities, but to turn to professionals.

Will be able to help in collecting the necessary papers, checking the authenticity of each document and the “purity” of the transaction as a whole. The parties to the purchase and sale agreement will only have to sign the necessary documents.

Video: What documents for an apartment will be required to sell it?

In the video, the realtor explains what package of documents will be required from the owner when selling an apartment.

It describes what requirements for these documents are imposed in practice, how to properly prepare them and obtain them in case of their absence.

When buying or selling an apartment, about the authorities from which they can be obtained, as well as about the preliminary agreement for the purchase and sale of residential premises and its importance.

For the seller

The seller must provide the following documents:

Documents that confirm the identity of each apartment (passport).
If available, a certificate of state registration of ownership of residential premises.
A document on the basis of which you can confirm the rights of the seller to. Such a document can be either a purchase or sale, as well as documents on property, a court decision, a certificate of entry into rights to inherit real estate.
If it is lost, restoration can be carried out at the Registration Chamber or at the BTI (for privatization agreements).
Contract of purchase and sale of living space. We recommend that you draw up an agreement only with a lawyer who will help with the correct drafting and will also be able to take into account all the nuances of the transaction and the interests of the participants. The document itself is signed at the Registration Chamber in the presence of the registrar of the transaction.
A certificate of family composition or an extract from the house register, which indicates the persons registered in the apartment or their absence.
If one of the owners of the apartment is the permission of the guardianship and trusteeship authorities.

To obtain the last document, it is necessary that both parents (except in cases where one of the parents is deprived of parental rights) or guardians come to the guardianship and trusteeship authorities and submit the necessary documents.

List of documents: certificate of ownership of real estate, registration certificates of the residential premises being sold, identification document of the child (passport or birth certificate), as well as passports of both parents. Next, you need to write an application for the sale of real estate and the purchase of a new one. Within two weeks, the guardianship authorities will analyze the situation and make their decision.

If the residential property was purchased during marriage, then its sale requires the consent of the spouse for the sale, which will be certified by a notary. Even in cases where the spouses are already divorced. In cases where the apartment was received as a gift or inheritance, or a marriage contract was signed, consent is not required. If one of the spouses has died, a death certificate is required.

For the buyer

The buyer must provide the following documents:

Contract for the purchase and sale of residential premises.
The buyer must make sure that all the data specified in the contract is true and that there are no errors in the contract itself. The contract must necessarily contain the following data: information about the unambiguous identification of the property (address, location, area, etc.), the price of the property being bought and sold, about the owners of the apartment, as well as about their extract from the living space being sold.
The document that verifies the identity of the buyer is a passport.
If the purchase is made by a married couple in equal shares, then a marriage certificate must be provided.

If the residential premises are purchased as sole property, then you must provide the spouse’s consent certified by a notary to enter into an agreement.

If the purchase of an apartment occurs with funds received from a loan: subsidy, etc., then additional documents must be submitted:

Credit agreement (mortgage or other).
Mortgage.
Certificates from two medical institutions: narcological and psychoneurological, which will confirm that the seller is not registered with these institutions.
Other documents, if required by the bank.

Preliminary purchase and sale agreement: role and significance

Such an agreement is a fixer of the deal and a guarantor of intentions for both parties on previously agreed terms.

Such a document simplifies the relationship between the seller and the buyer in cases where the transaction cannot be completed at the moment.

Thanks to the contract, the buyer receives a guarantee that the residential premises will be sold only to him and according to previously agreed conditions, and the seller receives a guarantee that he will be able to sell the apartment within a certain period and according to the conditions.

According to current legislation, the preliminary agreement indicates basic information regarding the transaction: information about the apartment itself (area, condition, etc.), price and mechanism for conducting the transaction itself - payment. The terms of the transaction within which the main agreement must be signed must also be indicated.

After the deadline has expired and the main agreement has not been signed, one of the parties may go to court and request the conclusion of a purchase and sale transaction on the basis of a preliminary agreement. This must be done within six months from the date of expiration.

Possible risks associated with purchasing an apartment through a preliminary agreement

Real lack of serious guarantees

The subject of such a document is the intention to conclude a main contract in the future, and not the direct purchase or sale of housing, which means that in the future there are no real guarantees that the buyer will receive the desired apartment on time.

It is also impossible to recognize ownership of the apartment through the court, due to the fact that the preliminary agreement itself does not indicate the transfer of the residential premises to the buyer. If the case is further brought to court, there is a risk of a counterclaim to declare such an agreement unconcluded or invalid.

The contract may be declared invalid or not concluded

The preliminary agreement must indicate all the parameters of the apartment, as well as the main terms of the transaction.

If the parameters specified in the agreement are erroneous or missing, such an agreement may be declared unconcluded or invalid after going to court.

Double sale of an apartment

The document does not indicate the transfer of ownership of the apartment, and the preliminary agreement is not subject to registration with the Registration Chamber, which means that an unscrupulous seller can subsequently negotiate with someone on more favorable terms and sell the apartment to him.

Possible loss of money if an agreement is signed with the developer

Through the court, the buyer can only return the invested funds, taking into account the payment of a minimum penalty, but if the developer has been declared bankrupt, there is a possibility of losing the funds without the possibility of their return.

As a result, signing a preliminary purchase and sale agreement provides some guarantees to both parties, as well as the opportunity to protect their interests through the courts, but requires great precision in execution; however, there are a number of risks that are difficult to avoid.

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Buying real estate (apartment, house, room) for any family or citizen is certainly a significant and pleasant step, but in addition, it is also extremely responsible.
In order not to subsequently find yourself in an unpleasant situation (for example, challenging a transaction or the appearance of persons entitled to reside in an apartment), it is necessary not only to assess the technical condition and parameters of the housing, but also to carefully check the title documents for it, as well as analyze the history of previous transactions with him.

What documents should the seller of an apartment have?

To complete a transaction to purchase an apartment (concluding a purchase and sale agreement, and then state registration of the transfer of ownership of real estate, it is necessary to prepare a whole mandatory package of documents: title documents, title documents - on the part of the seller, and documents confirming the identity of the seller and buyer (or sellers and buyers This is first of all:

The document by which the apartment was purchased at one time (transfer of ownership (privatization), exchange, donation, purchase and sale, etc.);
Certificate of ownership (if it was issued before July 15, 2016), or an extract from the Unified State Register/Unified State Register confirming state registration of ownership of real estate;
Documents from the BTI (explication and floor plan).

The specified documents for the purchase of real estate must be with the seller.

In addition to them, you will need documents about the identity of the seller and the buyer (for citizens of the Russian Federation - passports, for military personnel - a military ID, birth certificates for children under 14 years of age, for foreigners - a residence permit).

What documents are needed at the time of the transaction:

Extract from the house register (certificate of residents);
Certificate of personal account status (absence or presence of debts for housing and communal services);
Notarial consent of the spouse (if the apartment is common property);
Permission from the guardianship authorities for the transaction if minor children are involved;
Extract from the Unified State Register of Real Estate, with information about the absence of encumbrances and arrests. It can be received within 3 days at the Rosreestr branch, at the MFC, or requested by a notary (in electronic form, the day after the application). To obtain it, a state fee is paid (750 rubles for a paper certificate, 300 rubles for an electronic document).
Consent to sell an apartment where minors are registered is issued by the guardianship and trusteeship authority within a month after the documents are submitted (free of charge).
Apartment appraisal certificate (from 2000 rubles, for the secondary market);

It is interesting that almost all the documents from the above list of documents must be prepared by the seller, while the buyer will only need passports when purchasing (if the matter does not concern a mortgage, etc.)

What documents are needed to buy an apartment?

Currently, contracts for the sale and purchase of housing do not require state registration (Law No. 302-FZ of December 30, 2012), but then the transfer of ownership must be registered in Rosreestr (). When performing registration actions, Rosreestr specialists check the authenticity and compliance of title documents with established requirements and can return the documents to the parties to the transaction without registering the right. To prevent this from happening, you should take full responsibility for completing the package of papers.

It is important to know that the list of documents for a transaction is open, that is, in each specific case, depending on the composition of the parties to the transaction or the status of the property (new building, secondary, etc.), the documents must (can be) different.

The procedure for preparing documents when purchasing real estate and their list

In general, when registering the purchase and sale of a home, it consists of the following steps for the seller:

Of course - a passport.
Consent to the transaction from the spouse, if any.
When purchasing with a mortgage - certificates of your income, deposits, as well as property that can serve as collateral, etc. Different banks may have different requirements, so ask your agent or an employee of the banking organization with whom you work .
A purchase and sale agreement, which will specify all the terms of the transaction.

Only after receiving the current documents will it be possible to begin the actual execution of the purchase and sale agreement.

But in some cases there may be specifics... Buying a home in a new house, with a mortgage, or on the secondary market are different situations!

New building

When purchasing an apartment in a new building, the transaction can be formalized as an investment contribution, participation in shared construction (DDU), entry into a partnership, share contribution, assignment of claims.

In any of the above cases, a preliminary purchase and sale agreement is first signed, and before that it is necessary to check the developer’s package of documents (resolution and permission from the authorities for construction, certificate of land plot (rent/ownership), investment contract, agreement to raise funds).

Upon completion of construction, a housing acceptance certificate is drawn up, and the main contract (purchase and sale) is signed.

Secondary housing

It is in the secondary market that the risks of challenging the purchase by third parties are higher.

The grounds for such a challenge can be conflicts between past heirs of housing, former spouses, the incapacity of the former owner, the appearance of registered persons (from places of imprisonment or missing persons), registration/discharge of minors without the permission of the guardianship authorities. To minimize such risks, in addition to the title and title documents of the selling party, the absence of claims of third parties is checked by obtaining ():

Extracts from the house register with a list of all registered persons;
Extracts from the Unified State Register of Real Estate (immediately before the transaction, so that such an extract does not become outdated).

Important: if the apartment was privatized before 1998, then no transactions were made with it, the information may not have been entered into the Unified State Register. A transaction with such an apartment is the safest, although to purchase it you will first have to enter the property into the Unified State Register of Real Estate, which will take some time.

When purchasing from a developer

When purchasing a property under construction from a developer, a promissory note scheme is often used, when the buyer buys a promissory note (security) from the developer and subsequently exchanges it for a new apartment. With this scheme, two agreements are concluded: a bill of exchange purchase and sale agreement, and a preliminary agreement.

When purchasing with maternity capital

Using matkapital funds in the Russian Federation, you can purchase an apartment, room, house, that is, a separate residential property. A specific list of documents for the purchase of objects is given in Decree of the Government of the Russian Federation No. 862 of December 12, 2007 “On the Rules for allocating funds (part of the funds) of maternity (family) capital to improve housing conditions.”

Confirmation of the right to use money from maternity capital to improve housing conditions is a personal certificate. A reference to it must be in the purchase and sale agreement.

Of course, for such a transaction the consent of the seller must be achieved, since the funds will be transferred to him from the Pension Fund (PFR of the Russian Federation) by bank transfer (to the account specified by the seller). In addition, up to two months can pass between signing the contract and receiving the money. Part of the funds for the property is paid with the buyer's funds.

It is important that when purchasing with maternity capital, housing must be registered with shares allocated to all children (dated December 29, 2006).

If we buy for a child

The purchase of residential real estate for a minor child is possible, and up to 14 years of age it is carried out without his participation (his legal representatives (parents/guardians/trustees) act for the child, and from the age of 14 he has the right to sign documents himself (in the presence of legal representatives). You can buy it as the entire living space, and register a share in it for the child.

The seller will need a standard set of documents for the transaction, but buyers will need permission from the guardianship authorities, especially if the child already had a share in the property.

When buying with a mortgage

If the buyer has a mortgage, the seller provides a set of documents for the sale, taking into account the requirements of a specific bank. In this case, the bank will also check the legal purity of the property.

Most often, the standard set of documents will need to be accompanied by an assessment of the cost of housing, a preliminary purchase and sale agreement.

Since these documents are necessary for the buyer to approve the transaction, the buyer pays and receives the documents.

Purchase agreement

Requirements for the design and content of the purchase and sale agreement for an apartment/residential premises are established in,. It is necessary to indicate information about the object that unambiguously describes it (address, type of real estate, area, other characteristics of the property).

A written form of the contract is required. Notarization is not required, except in cases where minors/incapacitated persons are involved in the transaction on the part of the seller, as well as when selling shares simultaneously by all participants in shared ownership.

Notarization is subject to a state fee depending on the value of the property (,).

We register in Rosreestr

The purchase and sale agreement, the basis documents, can be submitted to register at the Rosreestr branch in person, through the MFC, at an on-site reception of an authorized person of Rosreestr, by mail or in electronic form (to Rosreestr, or through the government services portal).

The state fee for registration actions is 2000 rubles (). When registering through the government services portal, a coefficient of 0.7 is applied (that is, the service costs 1,400 rubles). It is interesting that the applicant may not present a receipt for the state fee, since information about the payment is contained in the state information system on state and municipal payments.

A receipt is issued regarding receipt of documents for registration; registration is completed within 7-9 business days, and when applying through a notary - the next day.

Confirmation of registration of the transfer of rights is an extract from the Unified State Register of Real Estate (paper or electronic), in accordance with 62 of Law No. 218-FZ).

Cost of paperwork when purchasing an apartment

For a real estate buyer, the cost of paperwork is usually small, and often the only expense is to draw up a purchase and sale agreement with a lawyer or a real estate agency, and for registration actions in Rosreestr.

Thus, the buyer’s expenses rarely exceed 6-10 thousand rubles.

For the seller of an apartment, the costs of both time and money for preparing documents are significantly greater.

The preparatory stage for a housing purchase and sale transaction is a rather labor-intensive process; it can be carried out either independently or with the involvement of specialists. In any case, it should be remembered that peace of mind and confidence in the legality of the transaction will depend on the careful preparation, verification and evaluation of all documents, and no shocks will overshadow the new owners’ stay in the new apartment.

We check the property being purchased

The verification of real estate (documents for purchasing an apartment) can be entrusted to qualified specialists, or you can do it yourself.

In this case, you should perform the following steps:

Find out how the previous owner received the housing being sold (privatized, bought, inherited, etc.). This fact must be confirmed by relevant documents (sale and purchase agreement, certificate of inheritance, etc.). It is highly advisable to study the extract from the Unified State Register for residential premises, paying attention to the frequency of previous transactions, facts of encumbrances, and seizures of property. If no questionable actions have been committed in the last three years (three years is the statute of limitations for invalid real estate transactions), you can consider this purchase option.
Check the technical condition and quality of the apartment. If a home requires repairs, this can be seen with the naked eye, but it is much more important to check its actual condition with technical documents (BTI plan, etc.). If there is redevelopment or reconstruction, they must be approved (“legalized”).
Check the authority of the person acting on behalf of the seller (if they are selling by proxy, it must be certified by a notary and have no blots or erasures). If the owner himself is involved in the transaction, it is advisable to check the validity of his passport (on the website of the Directorate for Migration Issues under the Ministry of Internal Affairs of Russia), and also to assess the adequacy/capacity of the seller. If his ability to speak and act sensibly is in question, he should look for another housing option.
Find out the presence of third parties who have rights to the residential premises. These could be citizens serving sentences, minor children, or other persons. A married seller must ask for the consent of the spouse to sell. The easiest way to check an apartment is to obtain an extended extract from the house register, which indicates all persons registered and retaining the right to reside.

The attentiveness and accuracy of the buyer at the stage of preparation for purchasing an apartment will help to insure himself against unpleasant surprises in the future.