What you need to do after buying housing, what documents to be issued and where to contact them - HOA

When using the material hyperlink to the source is mandatory!

You bought an apartment and finished paperwork. On this work with the documentation for the buyer, nor for the seller is not completed . Often newcomers buyers are wondering: after the conclusion of the contract for the sale of the apartment, what to do next? What documents should be on your hands after buying an apartment?

There is still some other steps to register a deal.

Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique.

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Documents after purchase

Since the transaction participates two sides, each has its own package of documents.

About what is the full list of documents required for sale, read in this article.

Documents of the seller

When using the material hyperlink to the source is mandatory!Ideally, all documents, who had the seller before making a deal, should remain from him . Plus, he will have a contract of sale and a transmitter act.

In this way, package of documents after sale at the former owner the next :

  1. Contract of sale.
  2. Act transfer of the apartment.
  3. Certificate of ownership.
  4. Document on equity participation in construction (if any).
  • Sample Apartment sale contract
  • Treaty Purchase of sale Apartments in the joint property of spouses
  • Act transfer of the apartment
  • By law after making a deal Part of the documents remains from the seller in the form of copies, since the originals are made to the case in notarial organs .

What documents receive the buyer when buying an apartment

Package of documents Buyer Next :

  1. Contract of sale.
  2. Transmission Act.
  3. Certificate of ownership.
  4. Cadastral passport.
  5. Typesportist from BTI.
  6. Help from the tax on the absence of debts.
  7. Help that no debts for utilities.
  8. Help from the HOA that there are no debts on membership fees.
  9. Home Book.

A perfect purchase of an apartment is not the end of the buyer's actions.

When using the material hyperlink to the source is mandatory!Depending on what apartment you will buy, you will have A number of additional action . At the time of buying Real Estate in the Secondary Fund Actions Consist from several steps.

Speech . If the accommodated accommodation needs you to stay, and not for use as investment or business organization, it is necessary to register.

Make it need in a week . Consult a statement in the FMS or to the newly created MFCs. You can apply through the portal of public services.

In addition to the application, you will need to register passport and the house book.

Solving the issue of utility payments . This is the first thing to do as quickly as possible. All service contracts need to be reorganized on their name. Accordingly, the payer for personal accounts will be switched.

It is necessary according to the following scheme:

  1. Application in the RCC with a request to translate accounts into your name.
  2. Conclusion of housing service contracts in the management company, HOA.
  3. Appeal to the energy company, Gorgaz.
  4. Counters on the water also need to be reailed.
  5. If the apartment has the Internet and a landline phone, a contract with Rostelecom and the provider also need to be reailed.

If there is a HOA in the house, you need to write an application for entry into the organization.

Appeal to the tax authorities . In the FTS, you must perform two steps: When using the material hyperlink to the source is mandatory!

  1. Putting on tax accounting. According to the law, adopted 21.03.2014. Citizens are required to declare their real estate. Since 2017, it is planned to introduce twenty percentage of the debt in case of non-payment of tax.
  2. Obtaining income tax deduction. Tax returns to you 13% from the maximum amount of 2 million rubles, which will be 260 tons. Restrictions have no amount to buy housing on the mortgage.

If you Passed debt restructuring procedure, the tax deduction from the amount of interest paid to you Since while the purpose of the loan is to repay interest on the previous one.

To receive tax deductions You need to have:

  1. Documents confirming the right to deduct the Help 3 NDFL.
  2. Passport and Inn Fizlitsa.
  3. Contract of sale.
  4. Act of reception - transmission.
  5. Certificate for an apartment.
  6. Seller's receipt in making money.
  7. Application to tax authorities for the return of tax.
  8. Credit Agreement (when buying on credit).
  9. Certificate of interest paid under the contract from the bank.
  10. The right to deduct is a formal working citizen. You can return the amount listed for you by the employer during the year . If she is less than a leaning return, then you re-draw out a statement for payments in subsequent years.
  1. SELECT SELECT SETTING IN COMMUNICATION
  2. An example of writing a seller's receipt in the cash amount
  3. Sample application for the return of the tax (through the tax inspectorate)
  4. Application for deduction (at the employer) to the employer
  5. Application for deduction (at the employer) in the inspection
  6. Watch the video about the documents for the return of the tax when buying an apartment:
  7. In case of receiving a deduction of a one-time payment, to the authorities to provide the bank account details.

When using the material hyperlink to the source is mandatory!Deductions can also be obtained as exemption from income tax within the required time . For this type of receipt, you need to provide an appropriate document from the FTS in the accounting department of your company. Register The 3-NDFL declaration in this case does not need .

The tax deduction is not allowed if you purchased housing from parents (guardians), spouse (s), brother or sisters. And also if payment was made at the expense maternal capital, employer or state funds. Subsidium .

For the work of these actions for registration you need to provide Copies of the following documents (Make them in sufficient quantity):

  1. Passport.
  2. Certificate of ownership.
  3. Sales contract.
  4. Extract from the house book.
  5. Cadastral passport.

If the housing is in the new building

All the actions mentioned earlier concern the acquisition of housing and the secondary fund, and new buildings.

Making an apartment purchased in a new house, you need before the previously described do also the following : When using the material hyperlink to the source is mandatory!

  1. Registration of an act of acceptance and transmission from the developer. He subscribes after a careful inspection of the apartment. Do it with maximum attentiveness, not losing any detail that does not suit you. If you sign Act Reception Apartments with Defects , I will later make a claim be useless. All violations fix in the protocol and attach it to the act.
  2. Receiving documentation in the BTI. On a new apartment Cadastral passport must be compiled . In BTI, provide an application for its receipt, the contract of the shareholder (DDD, if any), the act of receiving, transmission, copies of the owners passports.
  3. Registration in Rosreestre. In this organization A certificate is obtained . To obtain a certificate, you will need passports of owners, cadastral passport, DDU. Sometimes it may be necessary to resolve the construction and documents of the developer to land. After a monthly check of your papers, the apartment will be entered into the registry, and you will receive a certificate.

If she is bought in a mortgage

This accommodation is in the bank pledge until the full payment of credit funds.

As soon as debt is repaid, it is necessary to accumulate . Do it through Rosreestr, by submitting an application from its own behalf or on behalf of the Bank. The owner to the standard package of documents should be attached Credit Agreement, certificate of debt repayment .

After checking the documents on the certificate There is a mark on the removal of encumbrance.

Procedure Removal of encumbrance does not require payment of state duty and produced in three days . Optionally, you can re-refund the certificate, then you will need to pay the state duty.

When using the material hyperlink to the source is mandatory!If the mortgage loan is issued for one family member, and you are planning to make an apartment with several family members, it is necessary to make an apartment Related housing in equity property .

About how the process of buying and selling a share in the apartment, read in this article.

Buying or selling housing is not an easy and long-term process. Your execution depends on your action Further moral calm and material well-being .

Do not forget to take into account every little thing in the design, so that the joy of buying is not overshadowed by any problems.

So we reviewed what to do after buying an apartment, and what documents remain from the buyer after buying an apartment.

Didn't find answering your question? Find out, How to solve exactly your problem - Call right now:

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A source: http://svoe.guru/zhilaya-sobstvennost/kvartira/pokupka/dokumenty-pokupka/posle-sdelki.html.

What to do after buying an apartment first. Registration of documents and access to services: gas, housing and communal services, HOA

Comments: 22 Legal advice by phone below from 9.00 to 21.00

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At the stage of registration of the rights of the owner in Roserestre, paper-related paper, associated with the acquisition of housing, does not end for the happy owner. This is only the beginning of a long hike on instances in order to reissue numerous treaties for the provision of utility and other services. We recommend to postpone the celebration of the housewarming on a couple of weeks and take care of more pressing. In this article, I will talk about what needs to be done primarily when buying an apartment, where to apply and how the procedure for reissuing utilities and other services is happening.

When using the material hyperlink to the source is mandatory!

○  What conditions depends on the priority of actions?

The priority of actions to design utilities depends on the market on which real estate was acquired - whether you are the owner of the apartment in a new building or the owner of housing purchased on the "secondary". In any case, the first stage will appeal to the management organization - an intermediary between owners and resource-supplying organizations. (In old houses, the functions of the manager can perform HOA).

The second stage will be the conclusion or renewal of resource supply agreements with relevant companies.

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○ What should I do after buying housing in a new building?

The first thing is to register the ownership of an apartment in Rosrester. This will be needed to sign an act of acceptance and receive a technical plan on the apartment from it.

Sometimes the technical plan must be issued independently (it depends on the agreement with the developer). Book TechPlanted in the Cadastral Chamber of Rosreestra or in the Cadastral Engineer.

With the act of reception and transmission and technologist, you need to contact Rosreestr.

From the moment of receipt of the act-reception, utility payments are charged in the name of the new owner. The base serves paragraph 6 of Part 2 of Art. 153 LCD RF:

  • "The obligation to make a fee for residential premises and utilities arises from: ...
  • 6) Persons who adopted from the developer (persons providing the construction of an apartment building) after issuing permission to enter an apartment building into operation in this house under a gear repliment or other transmission document, from the moment of such transmission. "

✔ Registration of the contract in housing and communal services

The management organization (UN) is an intermediary between tenants and resource-supplying organizations (part 6.2 of Art. 155 LCD RF). Resource-supplying organization Exhibits the UA account for services. The WE, in turn, bills the tenants, receives money from them and reports an organization that provides a resource.

How to find out the new owner in what kind of uh to contact? The local authority independently conducts a competition for the selection of the managing organization.

Within 10 days after it, the persons who received a transmitter act from the developer, the local authority reported its results - how won the competition and the terms of the contract (part 13 of Art. 161 LCD RF).

✔ Facial Registration

The personal account is a concept used in everyday life for a payment document issued by the National Owner. It is issued for each apartment and reflects information about the introduction of utilities.

To arrange it, you need to contact the management company with a statement written in an arbitrary form with a request to open an account in your name.

A passport and transmitter act should be applied to the application.

✔ Appeal to Energosbyt

According to the rules of the Decree of the Government of the Russian Federation No. 442, individuals that are consumers of electricity must conclude an agreement with a guaranteeing supplier or energy sales (clause 71 of the Resolution).

The contract does not have to be written and is considered concluded from the moment the use of electricity. The presence of contractual relations is confirmed by the relevant receipts.

Informs information about the user of electricity in this case, the UO (clauses 72, 73 of the Resolution).

To conclude a written agreement for consumption, you need to refer to the energy sales that the area where the power receiving devices are located, with a statement about the desire to conclude a contract. The list of necessary documents can be viewed in paragraph 34 of the Decree of the Government of the Russian Federation No. 442 (if there are no documents, the energy sales should collect them independently).

✔ Additional actions

If the new building provides the use of gas stoves, then you need to contact Gorgaz to enter into an appropriate contract. If you are going to live in the room, do not forget to register it.

To do this, contact the registration authority. Register at all - and permanent, and temporary tenants.

Home networks (and telephone, and Internet, and television) are often provided with one provider, which at the construction stage brings the necessary wires to the house. Learn from the developer who is your provider and go to it to conclude a contract.

If the telephone operator does not suit you, then you have the right to choose any other. The procedure for providing telephone services is governed by paragraphs 15-18, 57-59 of the Decree of the Government of the Russian Federation No. 1342.

In addition, it is now possible to use additional services, such as apartment insurance, installation of security alarm, water delivery, etc.

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○ What should I do when buying housing in the secondary market?

The obligation to pay utility bills arises after registration of ownership (paragraph 5 of Part 2 of Art. 155 LCD RF). That is, after registering a new owner in Rosreest. This is not to receive payments in the name of the old owner, it is necessary to reduce all the documents for paying for yourself.

✔ Appeal to HOA or housing and communal services

Ask the neighbors or the former owner about the presence of HOA in your home. This community of owners, which is obliged to know every tenant.

If the HOA was not created, ask the address of the management organization. To join the HOA, it is necessary to submit an appropriate statement.

If the address of the UO did not suggest you, you can learn it from the incoming payment documents, at the cash center or through special services on the Internet.

The management organization is a contract.

✔ Renewing the personal account

Renewal of the personal account is engaged in HOA or UO. For this, it is necessary to submit an appropriate statement, passport and confirm the rights of the owner. For the re-issuance of the personal account due to debt is not legal. The new owner should not be responsible for the debts of the seller. Exception - fees for overhaul.

✔ Recommend a contract with an energy sales

Energy sales must be notified about changing the owner. To do this, contact the company that supplies electricity to the service area where your home is located. To re-transfer the contract, you need to take a passport with you, a guide document on the apartment and remove the current meter readings. If you have already begun to pay a bill, take a receipt with you.

✔ Renewing water consumption counters if they are

If there are water accounting devices, it is necessary to transform the counter to hot and cold water on themselves. For this, the instruments readings are removed. With a passport, documents on the apartment and documents for meters (if any), it is necessary to contact Vodokanal.

✔ Renewing a stationary phone, if available

If in the apartment where you settled there is a valid telephone line, you need to refer to the communication operator.

How to re-inform the home phone on yourself? To do this, within a month, from the date of settlement, you need to contact the operator with your passport and with a right-ending document on an apartment.

No failures from using the network from the former owner to receive. The old contract is terminated automatically, this is evidenced by paragraph 5 of Art. 45 of the Law "On Communication":

"In case of termination of the subscriber, the right of ownership and use of the room in which the terminal equipment is established (hereinafter referred to as the television), the agreement on the provision of communication services with the subscriber is terminated.

At the same time, the telecom operator under which the contract for the provision of communication services is terminated, at the request of the new owner of the telephone room during thirty days, it is obliged to conclude an agreement with him about the provision of communication services.

»

✔ Registration of the contract with the gas service, if there is a need

Gas service agreement must be concluded to each owner of an apartment in which there are intra-quarter gas equipment (paragraph 17 of the Decisions of the Government of the Russian Federation No. 410). On behalf of the owner, enter into a contract can the management organization or HOA.

About the presence of a contract It is necessary to ask for the above persons. If additional equipment is installed in the apartment, an application is sent to the gas company to conclude an agreement, where the list of intravascular equipment is indicated (paragraph 18 of Resolution No. 410).

You can entrust the conclusion of the contract by UO or HOA.

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○ Lawyer Tips:

We bought an apartment on the secondary, we receive receipts about large debts on housing and communal services, how to prove that this is not our duty?

You do not need to pay for old receipts. This problem is not yours, but a management organization. You are a payer of utility payments from the date of registration of the right of ownership (paragraph 5 of Part 2 of Art. 155 LCD RF). Just form a new personal account and pay for your accounts. To recover the debt with you is not right.

If the management organization does not want to open a personal account, contact the court. The court in such cases takes on the side of the new owner (for example, a decision on case No. 2-1837 / 12 of the Savolzhsky District Court).

We bought an apartment in a new building, but we are not allowed to arrange a personal account, what can it be connected with?

If you requested an account for an account in a single computational cash register, there will most likely require that you dissolve an agreement with the management organization. If it refuses to open the UO account, remember whether you signed an agreement with it on the basis of a transfer act At housing.

The contract must be spelled out by the obligations of the UO on the design of personal accounts. If there is no such duty, the meeting of the owners of premises in an apartment building is convened and a decision is made to change the terms of the contract.

Based on the Protocol of the Assembly of Owners, appropriate changes are made to the Agreement.

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Posted by: Vadim Kalyuzhny , expert portal topyrister.ru

A source: https://topurist.ru/article/54037-chto-delat-posle-pokupki-kvartiry-v-pervuyu-ochered.html

What documents after buying and selling apartments remain in hand

What documents after buying an apartment Should you stay in your hands? After all, after transferring documents to register the right of ownership, you have only a receipt for the reception of documents and even without printing, and this is very disturbing!

Especially when a complete calculation is made. The arts updated 01/17/2019

Tell in detail:

What documents after buying an apartment should be on hand

Property purchase and sale transactions are drawn up in three stages:

  • The first - signing the contract of sale
  • The second (but maybe the third, depending on the wording of the contract of sale) - the signing of an Act of receiving an apartment
  • The third (but may be the second, depending on the wording of the contract of sale,) - submission of applications for the registration of ownership of Rosreestre, and making a record about the transition of the right from the seller and register the right to the buyer in EMRN - the Unified State Real Estate Register.

Contract of sale It is the right to establish a document, that is, on the basis of this contract, the Buyer arises (establishes) the right of ownership.

Act of reception It draws up the actual transfer of an apartment from the seller to the buyer, after which all responsibility for the safety of real estate is assigned to the buyer.

The fact of registration of property rights arising from the contract of sale is confirmed Iproken from EGRN previously (until 07/15/2017) was confirmed by the certificate of registration of law.

When using the material hyperlink to the source is mandatory!

In practice, the number of contracts for sale and acts of reception and transmission corresponds to the number of participants in the transaction plus one copy for Rosreestra.

It will not be superfluous to make an additional copy of the contract of sale (and if necessary and the act of acceptance and transmission) for the buyer, in order for him to remain in his hands, the establishing document is signed by the seller).

Transfer of documents in electronic form

It is also worth entering and when submitting documents for registration in electronic form through Sberbank . Otherwise, you will not have any physical transaction document. It is not yet familiar to us.

  • If a notary Transfers documents in electronic form - the buyer has a contract of sale, certified by a notary.
  • If a complete or partial calculation of the transaction is made by the seller is obliged to issue the buyer receipt of money.
  • If the transaction is involved in the consent of the spouse for sale, a copy (certified by a specialist upon receipt) the seller submits to Rosreestr, and the original should remain from the buyer.

A specialist reception of documents in MFCs or Rosreestre will give you a receipt (inventory) on receiving documents. This is an important document! Carefully learn the list of documents made, because sometimes experts allow mistakes (human factor).

Total if you follow the above recommendations, the buyer should remain at the hands:

  • Purchase and sale agreement signed by all participants in the transaction, with full signature decoding
  • Act-reception of the transfer of an apartment, if he was signed simultaneously with the contract of sale (it is allowed to sign in the actual transfer of the apartment, but it must be prescribed in the contract of sale)
  • Receipt (inventory) on receiving documents for registration
  • The consent of the spouse for sale (if the apartments were purchased by the seller in marriage
  • A copy of the permission for sale from the guardianship authorities, if the owners of the sold apartment was a minor or incapable

What documents are received after buying an apartment from Rosreestra

After the registration, you will receive:

When submitting documents for registration on paper :

  • Act of acceptance and transmission (often stroke to the contract and register posts on it)
  • Contract of sale with a certifying registration inscription (stamp) about the number and date of registration and registered law;
  • An extract from EGRN, containing information about the technical characteristics of the apartment and registered rights to it.

If you have served other documents from the original + copy - the originals will be returned.

What documents after buying an apartment at electronic registration

When submitting documents for registration electronic To the email specified in the registration statement, you will send a file certified by the EDS (electronic digital signature of the registrar) and containing documents in electronic form: When using the material hyperlink to the source is mandatory!

  • Act of acceptance and transmission (if provided)

Store this file on reliable electronic media. And better on several electronic media.

How to see the electronic documents, make sure their authenticity and print, as well as how to use them in the article: Electronic extract from EGRN

Attention! In this case, these documents cannot be obtained on paper and cannot be put on them "blue" registration stamps.

What documents after buying an apartment in the mortgage remain in hand

  1. The mortgage deal differs from the usual fact that an entry is made to the Pledge of the property of the creditor in its favor.
  2. At the same time, the mortgage (mortgage) is registered on the basis of a mortgage, loan agreement and sales contract, in which there is a note about this: "The parties agreed that mortgage is registered in favor of the lender.

    »

  3. After registration, the mortgage is transmitted directly to the creditor, that is, the buyer from Rosreestra will not receive it.
  4. Also, the buyer submitted the original loan agreement and its copy, certified by a specialist department for receiving documents.
  5. The registrar makes sure the content of this document, will leave the copy in the archive, and the original will return the buyer.
  6. Of course the buyer will receive:
  • Purchase agreement certified by the registration inscription
  • Act of acceptance and transmission (provided if it was submitted for registration)
  • Extract from EGRN, about registered ownership.

What documents will remain on the hands when buying a housing under construction

If you "bought" an apartment in the house under construction - you should understand that I did not make a deal of sale, because there is nothing to buy, but just became a member of equity construction or a member of the HSC.

If you are a participant in shared construction and concluded a contract of equity participation - you will receive it from the Rosreestra with a registration inscription. On the paper contract will be a stamp on the registration of the contract.

If you "bought" an apartment at the shareholder - in Russia it is necessary to register an agreement (agreement) on the assignment of the rights and obligations of the participant in equity construction. From Rosreestra you will receive it with a registration inscription.

These documents will be needed when registering ownership. Save them.

Mandatory on your hands you must have payment documents:

  • Certificate of full payment from the developer
  • And a receipt from an individual, if there was a assignment.

The contract of equity participation in electronic form registered in Rosreestre, when registering the right of ownership of Rosreestr is not provided, as stored in the electronic archive.

What documents after sale remain on the hands of the seller

The seller also needs to pick up documents from Rosreestra and save in the personal archive. To do this, contact your passport and description (reception) on the reception of documents at the same IFC office or the department of issuing documents of Rosreestra. If you did not receive documents on time - after a month they will be passed to the archive of Rosreestra and they can be ordered from there.

  • The seller will surely need for the tax service, because you must report on the receipt of income and pay income tax 13% if a taxable base arose.
  • The tax service has information about real estate transactions.
  • Read more about Property Tax Read in Article:
  • What is the tax on the sale of an apartment
  • What documents after the sale Stay from the seller?
  • Contract of sale
  • Act of reception
  • Certificate of state registration of the right with the mark "Rogged"

Documents from Rosreestra can now get a courier. The service is paid. Specify this question when submitting documents

Always glad to explain. Author

You read: What documents after buying an apartment remain in hand

What documents after buying and selling apartments remain in hand

A source: https://exspertrieltor.ru/2017/03/19/kakie-dokumenty/

What documents need to execute after buying a house

  1. In cash. As a rule, it is made on the day of signing the contract. To do this, you need to choose a bank in which the contract will be made. After its signing, money goes into the cell.

    The conditions for opening the cell are indicated in advance, when concluding a contract with the bank.

  2. With non-cash payments, the contract specifies the seller's current account. After signing the contract, the money is transferred by the buyer on this.

The notification must be sent by registered letter preferably with the description of all documents that are attached. The notification necessarily indicates the price of the share and other conditions of the transaction.

In the absence of an answer after a month and more after receiving the notice from the shareholders, it is believed that they refused to be discussed.

What you need to do after buying an apartment: what documents need to make up and receive, and what are the buyer

  1. Documents confirming the right to deduct the Help 3 NDFL.
  2. Passport and Inn Fizlitsa.
  3. Contract of sale.
  4. Act of reception - transmission.
  5. Certificate for an apartment.
  6. Seller's receipt in making money.
  7. Application to tax authorities for the return of tax.
  8. Credit Agreement (when buying on credit).
  9. Certificate of interest paid under the contract from the bank.
  10. The right to deduct is a formal working citizen. You can return the amount listed for you by the employer during the year . If she is less than a leaning return, then you re-draw out a statement for payments in subsequent years.

Speech .

If the accommodated accommodation needs you to stay, and not for use as investment or business organization, it is necessary to register. Make it need in a week . Consult a statement in the FMS or to the newly created MFCs. You can apply through the portal of public services.

In addition to the application, you will need to register passport and the house book.

What are the documents for buying a house with a land plot

Not everyone knows, but the residential house and put on the Earth, which is attached to the structure, is sold together. The new owner can dispose of extensions, sheds, baths, pools and arbors erected by the previous owners. Therefore, a mentioned private house acquired, new owners often operates the concept of "home ownership."

Deciding for the acquisition of the house, you will need to get a land plot (lawyers share the concepts of the house and the earth, for them these are different objects). It is necessary to carefully refer to the check of documents: the lack of paper that does not confirm the rights of land ownership should cause legal issues.

Purchase sale of the country area with a house

He can have only one respectful reason, which causes the lack of evidence: if he entered the right of ownership after July 15, 2019. From this point on, the issuance of certificates in Rosreestre was canceled, an extract from the USRP is issued instead.

Even if the bearer of the garden book promises to you that you can privatize the land and become her full owner, almost no one can guarantee. It may be that the Earth cannot be alienated from the state and return money for such a transaction will not work.

Still read: what time do you have to pay vacation workers

Buying a house for maternity capital: what documents are needed

The only feature is the need for decoration as owners of all family members. That is, both husband and children. For mortgage, for example, this process is given to 6 months from the date of removal from the house of credit burdens. In other cases, the countdown of six months begins after transferring funds to the Pension Fund of Russia to the Bank's account.

As practice shows, a loan for maternity capital to buy a house, as well as repayment of a loan or mortgage, has no features. Cash is transferred to the account of previously arising obligations to the credit institution. Accordingly, the entire procedure is held by conventional mortgage / credit rules.

What documents are needed to buy an apartment: a list for different situations, registration

  • Of course - passport.
  • Consent to the transaction from the spouse, if any.
  • When buying a mortgage - certificates about your income, on deposits, as well as about property, which can serve as a guarantee, etc. .. Different banks require requirements to be different, so ask your agent or employee of a banking organization with which you work with .
  • The contract of sale in which all the terms of the transaction will be spelled out.

For the means of the Matkapali in the Russian Federation, you can buy an apartment, a room, a house, that is, a separate residential property. A specific list of documents for the purchase of objects, is given in the Decree of the Government of the Russian Federation No. 862 of 12.12.

2007 "On the rules for the direction of funds (parts of funds) of the parent (family) capital for improving housing conditions."

What documents after buying and selling apartments remain in hand

  • Purchase and sale agreement signed by all participants in the transaction, with full signature decoding
  • Act-reception of the transfer of an apartment, if he was signed simultaneously with the contract of sale (it is allowed to sign in the actual transfer of the apartment, but it must be prescribed in the contract of sale)
  • Capture from the seller to receive funds (even if they are received non-cash) Read: Receipt of money for an apartment
  • Receipt (inventory) on receiving documents for registration
  • The consent of the spouse for sale (if the apartments were purchased by the seller in marriage
  • A copy of the permission for sale from the guardianship authorities, if the owners of the sold apartment was a minor or incapable
  • Act of acceptance and transmission (often stroke to the contract and register posts on it)
  • Contract of sale with a certifying registration inscription (stamp) about the number and date of registration and registered law;
  • An extract from EGRN, containing information about the technical characteristics of the apartment and registered rights to it.

Sale of a house with a plot: What documents are needed for this

After the transfer of a full package of documents, the notary carries out all the necessary actions on the legal rendering of the contract (information about the state registers is checked information about the lack of arrests, the collateral of the property being sold, banning alienation, etc.). Further, in the presence of the parties of the transaction, the actual contract for the sale of a residential building with an adjacent land plot is. The contract for the signs of the parties to the transaction is enshrined and is assigned by a notary in two copies.

Still read: providing housing of young families Calculator

When there is a need to sell a house with a land plot, then many questions arise immediately as to how it is best to do, after this, all is properly. This article outlines a detailed algorithm of actions necessary to properly conclude a transaction.

List of documents and sales procedure

The next necessary document will be a document confirming that the object belongs to the seller on legal grounds - Certificate of ownership, it is indicated by the data of the owner, as well as the main characteristics that define the object of real estate.

  1. Sale of any object begins with placing it on sale, that is It is necessary to place information about the sale of the house. . For these purposes, there is a mass of periodic publications, as well as specialized sites on the Internet.
  2. Next should begin to preparation of documents necessary for the transaction. Without these documents, the registration of the transaction will be impossible. What needs to be understood under the registration of the transaction? The legislator determined that all real estate transactions are subject to mandatory state registration. The transition of ownership of each object is subject to compulsory accounting and submission to the Unified State Register. Therefore, if, for example, you need to get information about the owner on this or that object of real estate, it is enough just to do, getting an extract from the registry.
  3. Based on this, it follows that the next stage of the sale of the house will be the state registration of the transaction. For this, the seller and the buyer turn to the territorial management of Rosreestra with the package of necessary documents, as well as with the contract of sale, which is signed by the parties in the presence of a state registrar.
  4. The final stage will be obtaining documents. They can be obtained after 10 working days (deadlines to state registration). This stage will be important for the buyer, because it will receive a certificate of ownership of the object, and only after that it will be able to consider itself a full owner of the acquired house.

Nuances of the purchase and sale of residential private houses in 2019

You can serve the sale of private home professionals. But when contacting the real estate agency, the Seller should know that paying specialist services will have to be from their pocket. Therefore, most sellers prefer to conclude sales contracts without intermediaries.

  1. The subject of the transaction The buyer indicates: I want to buy a house from this citizen. The seller gives a guarantee that it will not sell the structure to another person.
  2. Key points. There may be ways to transfer money and advanced prepayment.
  3. Terms of signing the main contract. By default, since the conclusion of the preliminary contract of sale before signing the main document is set for a period of 12 months. By mutual consent of the parties, the term may change, which is set in the preliminary contract.

15 Jul 2018 Stopurist 2759

A source: https://uristtop.ru/propiska/kakie-dokumenty-nuzhno-oformlyat-posle-pokupki-doma.

What you need to do after buying an apartment: where to turn and what actions to take a new owner?

Acquisition of the apartment is a very serious and responsible step for any person. So serious that even after a complete design of real estate in the new owner there will be quite a lot of worries.

Therefore, even noting the housewarming, you should not relax, because you need to bring everything to the revenue. In this article we will tell you what to do the new owner of the apartment further, after a successful making and signing the contract of sale.

To solve your problem right now, get a free legal advice: +7 (499) 504-88-91 Moscow +7 (812) 317-50-97 St. Petersburg

What needs to be taken after bought real estate in the secondary market?

The necessary actions after purchasing real estate in the secondary market have a specific sequence of execution.

Where to go to legalize possession of property?

First you need to issue ownership of the purchased apartment. . To do this, please contact the local department of the UFRS, which contains the collection and storage of information on the rights of all properties in a particular region.

  • Passports of each of the participants in the sale transaction.
  • The contract of sale itself.
  • Receipt of payment of state duty for the registration of rights.
  • Power of Attorney (in the case when a trustee is involved).
  • Technical passport for an apartment.
  • A completed statement for registration of property rights.

Sometimes the registrar may require additional documents to confirm some information. It is best to find out even during preparation to avoid problems. The following documents may be needed:

  • If the apartment was common property, it will be necessary to consent from the spouse / spouse of the seller.
  • With the participation of a minor or incapacitated citizen in the transaction, permission from guardianship and guardianship bodies will be required.
  • If the apartment is in a pledge or burdened with rent, then accordingly it will be necessary to consent from the mortgagee or the recipient of the rent.

Usually the certificate of ownership is prepared for one calendar month. And after that, the purchased apartment enters the property of the new owner.

When and how can I register?

Registration is also an important step after buying an apartment. Unless of course she was bought to stay in it a new owner, and not, let's say, for removal by other tenants.

What time do you need to register in a new housing? From the moment of receipt of the certificate of ownership of the receipt of registration is needed within one week . Otherwise, the newly-handed buyer may be fined in the amount of up to two and a half thousand rubles.

Get a residence permit:

  1. in a passportive table;
  2. in MFC;
  3. There is an opportunity to apply through the state portal. online services.
  1. To begin with, it is worth noting from the previous place of residence. In general, it is not necessary if the registration will be in the same city - a person will immediately discharge when a statement of new registration. But at the same time, the whole procedure can be delayed, and some passports can be unlawfully demanding independently. Therefore, it is advisable to be issued in advance in order to avoid such problems.
  2. What to do next? You need to submit a completed and signed statement in form No. 6. For minor children under 14, parents or legitimate guardians make it.
  3. Together with the application you need to submit documents:
    • Passport.
    • During the recreation of children - their birth certificate.
    • Document on the right to ownership of the apartment.
    • Foundation contract.
    • License sheet, in case of self-discharge from the previous page of registration.
  4. After that, the day of receiving a passport with a new registration will be appointed.

Reference! With premature discharge, they can prescribe in a new apartment even per day. And after receiving the passport, it will already be a stamp on registration on the purchased apartment.

How to reissue personal accounts in the RCC?

Another need will be an appeal to the settlement office center. There you need to reissue personal accounts in the name of the new apartment owner. This will also require a certificate of ownership of an apartment and a passport. In the RCC, it is necessary to apply for the reissue of the personal account on the data of the new owner. .

After re-registration, it will be desirable to take an extract from the personal account. And in the future, if an erroneous accrual of payments occurs, the owner will be able to easily prove the lack of debt on payments.

Re-registration of utility services

After registration of the personal account in the RCC, it is advisable to immediately address issues on a communal service.

  1. First you need to refer to the management company or the HOA, where you need to make a service agreement.
  2. Now you need to contact each of the companies for the supply of public utility. To begin with, it is worth contacting the energy organization and re-inform the power supply contract on the new apartment owner. If the apartment comes in the apartment for using a stove or column, then the same should be done in the city of Gorgaz.
  3. Next, you should contact Vodokanal and reorganize them. In addition, it is worth find out to find out the date of their last check, and if since the latter has passed more than 3 years, it is advisable to authorize an unscheduled test. This will afford to forget about this for the next few years.
  4. If there is a stationary phone in the apartment, as well as the desire to leave it, you need to contact the Rostelecom separation at the place of residence. There you can also connect the telephone line in the absence of such. The same applies to television / Internet, but you need to handle the corresponding provider.

Appeal to the FNS to declare purchased housing

The tax declaration gives access to the receipt of property deduction to the apartment - 13% of its cost. This money can be spent on many important goals associated with real estate and should not be neglected at all.

To file a declaration along with the rest of the documents is needed to the tax authority itself. When can I do? Limitations for timing in the supply of 3-NDFLs on this score, you can feed on any convenient day and failure.

Sequence of actions after purchasing housing in a new building

When buying an apartment in a new building, a person is essentially an investor - he signed a contract of equity participation. At the same time, the list of mandatory actions after the acquisition is somewhat different than when buying real estate in the secondary market.

Signing an act of acceptance and developer

First comes to mind signing an act of acceptance and transmission. After all, only after that an investor can get the keys to his new apartment. To the act, it is necessary to treat with all seriousness, because after its signing, all further claims to the developer will be unreasonable.

Best before signing the act to do the following:

  1. Thoroughly examine the apartment for defects: pay attention to the condition of the walls, ceilings, gender, etc. Inspection is preferably carried out in the daytime day.
  2. Check all door locks and handles, test them functionality.
  3. Ensure in the strength and reliability of all communications: wiring, ventilation, etc.

Only if there was no doubt and suspicion when inspected, you can sign an act and other documents. Self The act is signed in three copies:

  1. One of which remains from the apartment buyer;
  2. The second is the developer;
  3. The third goes to reg. Chamber.

How to issue ownership?

After that, you need to issue ownership. To get an extract from EGRN to contact the territorial department of Rosreestra or MFC. Also In Rosreestr, you can file an email on the official website .

With any of these methods, you will have to collect and submit the following documents:

  1. The passport of the new apartment owner.
  2. Request form (issued by an employee in the department).
  3. Power of attorney (if necessary).

Video about the design of ownership of an apartment in a new building:

Getting a tax deduction

Tax deduction is the return of some part of the paid taxes (what are the nuances of the tax purchase of an apartment?). Accordingly, it can only receive NFFL payers.

At the same time, for receiving money, the apartment should have been made directly to this taxpayer.

Also deduction when buying an apartment cannot be obtained if the sale transaction was carried out with interdependent persons, for example, spouse or parents / guardians.

  1. If the apartment was bought before the end of the tax period , To obtain a deduction, you need to fill out the form of 3-NDFL. From work you also need to take a certificate of income - 2-NDFL. A document confirming the right to property and contracts of purchase and sale and equity participation will be required. All this must be submitted to the Tax Inspectorate with the second package of documents consisting of receipts on payment, bank statements and other required tax.
  2. If the apartment was purchased after the tax period , To begin, it is necessary to clarify the possibility of obtaining deductions. To do this, write an application to the tax on receiving a notification to deduction. It needs to be filed with documents that confirm the right to receive deduction and wait for an answer. Usually, the response notice to the right to deduction comes within one month.

Video instructions on obtaining tax deductions:

Conclusion

Buying an apartment, like any long-term investment requires a responsible relationship.

Even after receiving the long-awaited keys from the newly acquired housing, the Novosel will have to work will be worked out - to issue the right to property, register in the apartment and reorganize a personal account with a communal service, and should also declare your purchase. And only after that you can safely live in a purchased apartment.

A source: https://mylawyer.club/nedvizhimost/kvartira/kuplya-prodazha/pokupka/chto-neobhodimo-sdelat-posle-sdelki.html

You know why you need a realtor when buying an apartment, and is it necessary at all? What can he help and what to count on it? We have collected for you several arguments "for" and "against" attracting a realtor, and prepared detailed instructions how to buy an apartment yourself.

1) Is it worth hiring realtor2) Step 1. We are looking for an apartment: how to quickly pick up a housing3) Step 2. We study the announcement: what to pay attention4) Step 3. Call seller5) Step 4. Inspection Apartments6) Step 5. What Questions Seller7) Step 5 6. Independent risk check8) Step 7. Making an advance or deposit9) Step 8. Signing the contract of sale and money transfer

Is it worth hiring a realtor

Arguments for"

  • You do not have to look for accommodation yourself. Realtor will select the appropriate option according to your requirements and save time. The main thing is to very accurately formulate preferences.
  • You do not need to independently delve into the legal details of buying an apartment. All questions of the design of the purchase and check of the apartment should be engaged in real estate.
  • Realtor will appreciate the apartment with a professional look, tell about its advantages and disadvantages. Based on this, he can reasonably bargain with the seller to reduce the price.

Arguments against"

  • The contract with the realtor does not guarantee the purity of the purchase and sale transaction by 100%. All items you will have to check yourself.
  • You lose money. Depending on the complexity of the transaction, the Realtor Commission ranges from 1 to 6% of the amount. That is, when buying an apartment for 6,500,000 rubles, you will give an intermediary from 65,000 to 390,000 rubles. Agree, they would be useful for you.
  • The realtor can offer you only those options where the Commission from the Seller is offered. These are the so-called "partnership transactions", when the buyer's real estate developer or the seller pays from 0.5% to 4% for the presented buyer.

note Your right to decide which option to choose. You can choose and buy an apartment yourself, saving money. The main thing is attentive. After reading our instructions, buying an apartment without a realtor will not seem so difficult.

Step 1. We are looking for an apartment: how to quickly pick up housing

Now the search for real estate has almost completely moved to the Internet. Tell about the most popular sites.

«Avito »- The site is not specialized, but it is here that realizors and owners place ads first. The selected object is displayed on the map. A small amount of information about the apartment is provided. A relatively small number of parameters for filtering ads is available. Popular throughout Russia is equally. We recommend starting from this site, and then go to the rest.

«CYANOGEN »- Specialized resource with a convenient interface and a large number of filters for selecting a suitable apartment. In the catalog, you will see not only classic "houses" and "apartments", but also "Townhouses", "parts of houses", "rooms", "shares", etc. Work throughout Russia. The site is estimated to be the activities of real estate agencies. You can set the agency or real estate or complain to it.

«Domofund »- a resource with analytics at the price of real estate, site specialists reports, a mortgage calculator and an extensive real estate base (35,000 sales announcements in Moscow). Open the map, select the area and see all the objects that are sold nearby. A large number of filters allows you to accurately determine preferences. You can exclude declarations from issuing by clicking on the cross in the upper right corner. The site is much more popular in Moscow and St. Petersburg than in other regions.

«Yandex.Nedvizhenia »- Site for the sale and purchase of any real estate from the garage to the villa. The service saves the search history automatically. On other sites it is necessary to do it manually. The base of the apartments varies greatly depending on the region. In Moscow and St. Petersburg, Yandex. Appliance uses much more often. In other regions, the service is gradually gaining popularity. You can log in with your email in the Yandex system.

«Real [email protected] » - The site, in addition to real estate, additionally offers articles about the mortgage, purchase and sale of apartments, about housing and communal services and ideas for repair. The announcement indicates a large number of information about the object, which greatly facilitates the search: elevator in the house, date of construction, garbage chute, etc. The number of filters is comparable to Avito, but is inferior to Cyan sites and Domofund. You can log in to "Real [email protected]" in your email in Mail.ru.

Step 2. Learning the ad: what to pay attention to

In addition to the requirements for the apartment relative to the square, floor, finishes, etc., there are some more non-obvious moments to pay attention to.

Apartment appearance photo
It's good This is bad
  • Many photos.
  • There is a photo of an entrance and home outside.
  • Each room is removed from several angles.
  • The photo is not too old. The output can be done by date or view from the window.
  • Photos blurred, with a strong color correction (too bright colors or a black and white image) - you are trying to hide something from you.
  • Water sign of the real estate agency in the photo closes the review.
  • Photos are little or not at all.
  • The perspectives do not allow you to get enough information about the state of the apartment.
Welfare and infrastructure of the district
It's good This is bad
  • Nearby there are schools and kindergartens. In walking distance, food, economic and other stores. You can specify by cards in Google or Yandex.
  • Street does not appear in criminal reports - you can enter the name of the street in Yandex.notes and read about current events.
  • The management company serving the house is in the list of disadvantaged. In Moscow, the rating is published on the website of Minzhkch.
  • There are no socially important facilities nearby: schools, shops, MFCs, shopping centers, kindergartens, hospitals, etc.
Cost
It's good This is bad
  • The price corresponds to the average market - compare with other similar apartments. Analytics provides, for example, "Domofund".
  • The price is strongly understated - an indication of possible fraud.
  • The long history of price change (available to Cyan) with a large decline in cost - the apartment is not in demand. In addition to cases when the initial price was greatly overestimated.
Completeness and description accuracy
It's good This is bad
  • The pros and cons of the apartment are described. So, the seller has nothing to hide.
  • An implicit moments are described: new wiring, pipes, plumbing, performed sound insulation, etc.
  • It is written whether furniture remains. You know in advance what you need to buy.
  • Legal factors are indicated: the number of owners, the presence of encumbrances, etc.
  • There are no descriptions - you have no information about the apartment.
  • Large artistic description without specific data on the apartment.
  • Please call and clarify the details in a conversation without a description of the apartment. The housing is likely to have burdens or other serious shortcomings.

Step 3. Call Seller

Before assigning a meeting, call the seller and ask several clarifying issues. This will help you refuse view of dubious options and you will save time.

  1. Is it for sale apartment? Often, sellers or intermediaries forget to remove the ad from sites on the Internet. So you need to call the address and immediately clarify whether this property is sold.
  2. Who sells an apartment? Determine who you have: realizer or owner.
  3. What is the real cost of an apartment? Sellers can lower the price in the ad, and when inspection, this fact will pop up. You lose time that could be spent on learning an option without a hidden markup.
  4. Is there a bargaining? Bargain better at a personal meeting. But if the ad was stated that the seller does not mind to reduce the price, it is better to get confirmation.
  5. What condition is the apartment? Learn about the status of plumbers when there was a last repair that the floor cover was laid, whether the wiring is replaced, etc. If the seller is limited to common phrases, be careful, something important can be hidden from you.
  6. Are there any legal restrictions? Whether children are registered if there are impassable redevelopments, how many owners in the apartment, as it was received in the property, etc. This will help immediately understand how difficult the purchase and sale deal will be.
  7. What is the exact address of the apartment? If the seller replies: "I will meet you at the entrance," find out why he does not want to tell the address. Perhaps you are trying to hide the serious flaws of the apartment.
  8. Would you have direct or alternative sale? Direct sale - you just buy an apartment. The seller already has a place of residence where he moves. Alternative sale - you buy an apartment and wait until the seller finds a housing. At the same time, you can't enter the apartment. If you want to immediately live in a new real estate, this question must be discussed.

Step 4. Inspection of the apartment

Select a few suitable ads and agree to a meeting with the seller. When you get into the apartment, carefully inspect it. We will tell you what to pay attention to.

  • Turn on the water in all cranes to check the quality of the plumbing. If the house has a gas column, check its performance, adjusting the pressure and water temperature.
  • Rate how in the apartment is warm or cold. In winter, be sure to train the batteries to find out how hot they are. Pay attention to the location of the apartment - in the corner in winter is colder.
  • Check if counters are on hot and cold water. The advantage will be the presence of a gas meter.
  • Turn on and turn off the light in all rooms to check the wiring.
  • Rate the number of light in the rooms. Often neighboring high-rise buildings and trees make an apartment darker. If during the day of light in the room comes little, the costs of electricity will increase due to the permanent chandeliers and sconces.
  • Get acquainted with neighbors or concierge, ask them about the apartment itself, her tenants, atmosphere in the house and the area.
  • Check the ventilation craving, bringing a burning match to it. The flame should be trembled or wound at all.
  • If possible, check the walls and ceiling for the presence of drowshes and mold.
  • Walk around the apartment and listen, do not creak the floors.
  • Check the performance of window glass windows.

If you find the shortcomings, do not hesitate to ask the seller about them. Find out if they fix them before buying an apartment. If not, boldly bargain, knocking up the price. All good? It's time to move to the next stage.

Step 5. What questions to ask the seller

An important point comes - an interview with the seller. Conducting a survey, you will show your savings in legal and domestic issues. This will help scare away fraudsters. What do you need to know?

Question What do we want to know
Who is the owner (and) apartments? It is desirable that you are in contact directly with the owner, and not with its relatives, assistants and other personalities. If the apartment shows the realtor, ask to show a contract to represent the owner on the sale of an apartment. It is important to find out who will take an advance and sign the contract of sale. If not the owner of the apartment, then ask to provide general power of attorney in the name of the mediator.
What basis did the apartment get? Do ownership registered? It is necessary that the right to be registered in Rosreestre. Check the grounds for registering right. To do this, ask the title document: Domestic, entry into the inheritance, sales contract, etc.
How many people are registered in the apartment? The ideal situation - there are no registered persons at the place of residence. But it happens only with solid preparation. Find out the number and age of people registered in the apartment. Specify that they will all be removed from the registration accounting from the current apartment and are registered in another.
Is the seller in marriage? If so, does the spouse agree (a) for the sale of an apartment? Sorry to obtain a written confirmation of consent. Perhaps the seller was married, but now divorced, and the apartment was purchased in marriage. In this case, it is also necessary to consent, but now from the former spouse.
Does the owners or users of the apartment of juvenile children? The deal with children can significantly complicate the process of shopping. It is necessary to make sure that the owner of the apartment will receive permission for sale from the guardianship authorities at the place of residence.
How long is the apartment located in the property? The more the time of ownership of the apartment, the lower for the buyer a potential risk. If over three years have passed after purchase, previous owners, heirs, third parties and other applicants will not be able to present you complaints. This is due to the expiration of the limitation period.
Are there any limitations / encumbrances of rights to an apartment? Make sure there are no possible restrictions:
  • The apartment is laid under credit (mortgage);
  • There are judicial disputes about the rights to her;
  • There are big debts on utility bills;
  • The apartment purchased under the contract of rent and the recent leader is still alive.

Step 6. Independent Risk Check

Check for third-party applicants. After registration of the transaction, unexpected applicants for an apartment may appear: deprived heirs, former or current spouses, deprived of minors, etc., to avoid such a situation, ask a number of documents from the seller.

  • Extended extract from the house book on all persons ever registered in the apartment - In it, check for juvenile children. You need to make sure that these children have a place of residence. This document will also make sure that no one is registered in the apartment at the time of the conclusion of the contract of sale.
  • Permission for sale apartments from local guardianship bodies - We need, if the child has a share in the apartment or he is its owner.
  • Permission from the spouse of the seller or a notarized statement of civil condition - These documents are needed if the seller was married at the time of acquiring an apartment (collaborated property in marriage).
  • Extract from EGRN - By it, you can confirm the right of the seller for real estate and clarify the number of owners.
  • Extended extract from EGRN - It allows you to learn about the transition of property rights. With it, you will understand how the apartment was purchased and passed. It can be requested from the seller or get yourself, knowing the address and cadastral number of the apartment.
  • Help on the absence of debts for utility bills - After buying an apartment, all debts will move to you, so you need to make sure that they are not.

Check document seller. Make sure you have dealing with the property owner, and find out about the availability of all the documents necessary for the sale of documents. After all, it is the seller who must take the collection of most necessary securities. At the same time, you only require a passport and paid for the purchase of an apartment (paid on the site "State Service" or in PJSC "Sberbank"). So, what should the seller (owner of the real estate)?

  • Document-foundation of obtaining ownership: Darisal, sale and sale agreement, inheritance law, etc.
  • Passport.
  • Resolution of guardianship bodies under transactions involving minors.
  • Extract from EGRN.
  • The consent of the spouse (s) for sale, if the seller is married.

Check availability of the seller. Request certificates from psychoneurological and narcological dispensaries that the seller is not registered in these institutions. Help received more than a year ago are considered invalid. The preferred option - the seller receives performance confirmation immediately before registration of sale.

Step 7. Making an advance or deposit

To show the seriousness of your intentions to buy an apartment, you need to leave some amount of money (no more than 30,000-50,000 rubles) as a prepayment. If a controversial situation arises with the seller, the contract will help return the money in court. For this, there are two forms: an advance and deposit.

prompt

Prepaid expense - The money amount that the buyer reports to the seller in confirmation of his intentions. Returns to the buyer in full, if the buyer refused to buy.

Deposit - The amount that returns to the buyer is doubled if the purchase and sale did not take place by the seller's fault. The deposit remains at the seller if the buyer refused to purchase an apartment.

Ensure legal security will help a contract in which you can register various additional conditions (Art. 381.1 of the Civil Code of the Russian Federation). It lies in free form and must contain the following information:

  • Apartment address,
  • its full cost
  • summary
  • term before the return of money or registration of sale,
  • Refund conditions and non-return
  • Penalties (consistent individually),
  • Full name, passport details and signatures of the seller and the buyer.

On our site you can familiarize yourself with the example of an advance agreement. However, often the standard form has to be complemented. For example, possible fines in violation of the contract. To take into account all the nuances in compiling an agreement on an advance or a male, you can turn to a lawyer. Advance is transferred by cash from the buyer to the seller. If you wish, you can ask the seller a receipt in receipt of funds. However, this is not necessary, the presence of a signed contract does not require additional evidence.

Step 8. Signing the contract of sale and transfer of money

Check sales contract

Make sure to clean the contract that the seller or realtor offers. You can verify a document with a model posted on the Rosreestra website. Ensure that there are no additional conditions in the document that impose unprofitable obligations on you: surcharges, postponed relocation, etc. If you are not sure that you can check the contract yourself, contact a lawyer.

Transfer of money

Through a bank cell. Recently, there has been a popular bank cell rental, from which the seller subsequently takes payment for the apartment. So you will receive guarantees that the seller will not disappear with your money. For this purpose is a tripartite agreement between the bank, the seller and the buyer. To conclude it, it is enough to come along with the seller to the bank branch and present your passports. The contract indicates a list of documents allowing the seller to pick up money from the bank cell. As a rule, this is:

  • Apartment purchase agreement, past state registration;
  • Extract from EGRN, where the owner of the property is specified by the buyer.

The cell lease agreement indicates the period in which the seller must provide documents and pick up money. If, after a specified period of time, for example, 1 month, this will not happen, you can pick up money back. Traditionally rent a bank cell takes on the buyer, that is, you. The cost is 2000 rubles. After the conclusion of the contract, the seller gets the key from the bank cell and puts money into it.

Letterred. This is a non-cash form of payment, which is a conditional obligation of the Bank. He assumes the obligation to make a payment in favor of the seller, as soon as the documents necessary under the contract. The calculation process is as follows:

  1. The seller and the buyer conclude a contract for which the calculation between them is conducted with the help of a letter of credit.
  2. The buyer turns to the bank, where he has an account of the account, with a statement for the design of the letter of credit.
  3. The bank opens a letter of credit and transfers its original to the seller.
  4. The seller places the bank registered in Rosreest the contract of sale and other documents prescribed in the contract and the letter of credit.
  5. If the Bank has no doubt about the purity of the transaction, the money goes to the seller's account.

The letter of credit opens for any time and can continue in the future. If the status of the letter of credit passed, but the seller did not provide documents, the money automatically go to the buyer's account. Please note that the bank does not check the authenticity of the provided documents required to translate money to the seller.

Signing You can make a deal with the help of a realtor who hired a seller, or in a multifunctional center (MFC). The realtor himself will follow the presence of all the necessary documents and will say what actions need to be taken. To take advantage of the second option, you will need all the documents listed in the blocks above, and the completed sales contract in 3 copies. The sample can be downloaded on the Rosreestra website. In MFC you will be given samples of applications and transfer documents to register to Rosreestr. State registration on average takes about 8-10 days.

The contract can be made in one of two available forms. The main thing is that it be written, not oral (Art. 550 and Art. 434 of the Civil Code of the Russian Federation).

  • Simple written form (PPF) - Unified Agreement, which you make up at your discretion. The sample contains all the main conditions required by the Civil Code. To take into account all the important nuances, when drawing up an agreement, you can contact a lawyer. He will professionally appreciate the current option or prepare a new draft treaty.
  • Notary form - This is a contract to be compulsory. In this case, the notary acts as a guarantor of the legal purity of the transaction. In the event of disputes between the seller and the buyer, to challenge in court, the legality of such a contract is much more complicated. In addition, in some cases, the notarial form is mandatory: when concluding a lifetime agreement with dependency (rent), with the ownership of the object, as well as in cases where one of the owners of a minor child or an incapacitated citizen.

Typically, the main problems are found at the stage of verification of documents and registration of the contract of sale. Among them are hidden legal difficulties, seller fraud, applicants for an apartment, etc. Cooperation with the realtor does not always completely protect against risks. If you doubt the cleanliness of the transaction and want not to lose an apartment in the future, contact a lawyer.

For three years I worked in real estate, and every fifth my client told how almost got into scammers.

Maria Yakovlev

three years worked in real estate

There were customers who were deceiving, and I rare the consequences. Thanks to this, I know that most fraudulent schemes can be prevented if you competely check the documents.

In the article, I will tell you what documents must be checked before buying an apartment and to pay special attention to them. If you work with a realtor, this article will help to control it. If you buy yourself, this article will tell you what can be checked and when it is better to go to professionals.

Why check documents before buying an apartment

Buyer Checking documents is especially important because it risks his money. If something pops up and the deal is recognized as invalid, completely returning money, most likely it will not work. And if you get on the scammers, the consequences are generally impossible to predict. There are schemes when people remain without money, and without an apartment.

Seller It is worth checking documents for the sake of additional security. After all, if the transaction is recognized as invalid, the money will have to return. It is already unpleasant, and if the money is spent, they will need to urgently find.

The history of my client's friends is an example of what can happen if you do not check the documents.

Newlyweds decided to buy an apartment. A lot of money was spent on the wedding and saved, so they refused the realtor and lawyer. The guys chose an apartment and proceeded to check the documents. Owners - a middle-aged couple, bought an apartment in a mortgage, which was already paid. In the contract of sale and sale, everything is clean, the certificate of repayment of the mortgage is in the discharge from EGRN everything is perfect.

The apartment was bought, celebrated a housewarming, and in a few years they received a summons. It turned out that the former owners had three children, one of which was born after 2007. The apartment was bought not only in the mortgage, but also with the carcipal. According to the law, the child had to highlight the share, but the former owners did not do this and the buyers did not tell about it.

The newlyweds studied only the contract of sale, where children are not specified. They did not checked the Count "Children" in the Sellers' passports and did not request a certificate from the Pension Fund that Matratipital was not used. This error can cost them apartments and 3.5 million rubles. At the time of writing this article, the courts continue.

Documents confirming the identity of the owner

First you need to make sure the personality of the person who you are going to buy an apartment.

For this, at adult owners check the passport. Its data should be the same as on all other documents on the apartment. I.e Full name , Series, Number and other data should match exactly. This will confirm that in the documents the same person that in the passport and in front of you.

If you buy an apartment on fake documents, then you will have to share it with the present owner. For example, in the Moscow region, the apartment buyer has filed a lawsuit on the ownership of the fact that she sold his apartment, but continues to live in it. He explained that he had concluded a sales agreement, transferred money, received a certificate of registration and could provide confirmation documents.

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We disassemble complex situations with the purchase and sale of housing, tell about the laws that relate to property owners

In response, the owner filed a counterclaim and stated that the apartment did not sell, so it is entitled to live in it. She told that in 2013 she stole a passport and all documents. When she showed the buyer a recovered passport, he said that he made a deal with another woman. As a result, the court recognized the contract for the purchase and sale of insignificant. The buyer did not verify the seller's documents and due to the fake documents lost several million rubles.

If the owner is a minor. The personality of juvenile owners confirms the birth certificate. Its data should also be compared with information on other documents.

In children of 14-18 years, in addition to the birth certificate, also check the passport.

Passports are several types: citizen RF , permanently residing abroad, Russian and foreign citizen.

Passport citizen RF .It is this document that confirms the identity of the seller in most real estate transactions in Russia.

Before buying an apartment, check whether the seller has a passport:

  1. There are no corrections, stickers, curves of fonts.
  2. There are all watermarks and prints, fonts, like in your passport.
  3. The passport series coincides with the place of issue. The first two digits of the series are the city code. For example, if the passport is issued in St. Petersburg , the first two digits - 40. If in Moscow - 45. If the series begins with 40, and a passport is issued in Lipetsk, this is a fake. The list with codes of cities can be viewed on the site "Your passport".
  4. Passport state corresponds to the release date. The new passport, obtained three years ago, may be fake.

Also check if the name and surname of the owner changed. If yes, the seller needs to request a certificate from the registry registry or termination or a change of name.

Passport of a foreign citizen. Foreign citizens can sell and buy property in Russia without restrictions. In addition to the passport, a foreigner needs to check its notarized translation.

Purpose documents

The advocating documents show who is on what basis owns an apartment or part of it. This is the foundation of ownership of the apartment.

If you do not check the right-ending documents, it is impossible to find out whose apartment is selling a person. Perhaps he just took her away and decided to sell to quickly get the money and hide. This is one of the famous fraud schemes of the 90s. When the real owner appears, he will challenge the deal and you lose a few million rubles.

When may not be the right-ending documents

The guidelines may not be in two cases:

  1. The apartment is not privatized. Then you have to suspend the transaction and ask the seller to do privatization.
  2. Documents lost. In this case, ask the seller to restore them.

The appearance of the title document depends on the apartment turned out to be the owner. If he privatized it, the guidelines will be a contract of transfer to property. If I bought a purchase and sale agreement, and if he was inherited - a certificate of the right to inheritance by law or a will.

If the apartment in a new building, a shutdown document may be a contract of equity in construction. Together with DDU It is necessary to check the act of acceptance if the house is delivered.

Together with the contract of sale, it is worth asking the seller to show a receipt to receive money or an act of receiving an apartment with the previous owner. So you will make sure that there is no disagreement between the former owner and the current one who sells you an apartment. That is, one got the keys, the second - money, no dispute arose. For your deal, it is necessary that the previous one has completed and other people's conflicts have not affected you.

Less often meet the contract, donation, exchanges and court decision, if the apartment was the subject of a trial. With their help, it is easy to carry out a fraudulent scheme, so it is better to hire a professional lawyer to check apartments with such documents.

Extract from EGRN

Extract from the Unified State Register of Real Estate is needed to confirm the property for an apartment and a list of guidelines, check if there are encumbrances and other owners.

It replaces the certificate of registration of ownership of the apartment and the cadastral passport.

More - better

Perhaps the seller has old passports on the apartment and the certificate of registration of law. They are also better to check: check the data in them with data in fresh documents. The more documents, the more carefully check.

But if these documents are not, not scary. Certificates and cadastral passports are no longer issued. All that contain these documents is in the discharge from EGRN . Even if the apartment was purchased in 2014 and the registration certificate was lost, it is enough to check out the statement from EGRN .

Extract from EGRN - The most important document. If it is not forbidden and it will be trimmed in it, money can be lost with a probability of 90%. For example, the apartment will be the owner, whose opinion was not taken into account, - he challenges the transaction and you lose money. The apartment will be under the encumbrance - the transaction is recognized as invalid and you lose money. You will sell the apartment a person who has no right to her, and the real owner will challenge the transaction, and you lose money. There are still dozens of similar options. To avoid them, you need to check out the extract from EGRN .

The statement is provided in several formats, depending on which information is needed. Often, for transactions without a mortgage there are enough discharge on the basic characteristics of real estate. You can order it on the Rosreestra website. For making mortgage, banks are sometimes asked for an extended form with a detailed plan of the apartment.

Information about real estate transactions is made in EGRN from January 31, 1998. Information until 1998 can be obtained either in the local administration, or at the technical inventory bureau.

Extract from EGRN

Consent Spouse

According to the law, the common property of spouses can be managed only with their mutual consent. That is, to buy or sell an apartment in marriage, you need to get the consent of the spouse. The apartment may be in the joint ownership of spouses, even if they are already divorced.

As for the seller. If the seller acquired an apartment when he was married, ask the notarious consent of his spouse for sale. In court practice there were many cases when the sale transaction was recognized as invalid by the suit of the spouse who did not agree on her.

Also check whether the consent of the spouse at the time of buying an apartment. It is impossible to check 100%, was the seller in marriage or not. He can lie. Therefore, if the seller says he was not in marriage, ask him to write a notarized statement that at the time of acquiring an apartment he was not in marriage.

In notarial consent, the validity period can be specified - it is necessary to check if it has expired. Consent is usually issued to a specific apartment, so be sure to check its address and characteristics.

remember, that Former spouses also have the right to joint property, if it was purchased in marriage. This right remains three years after the divorce. For example, in one matter, the plaintiff was able to prove that her ex-husband was illegally presented to his son a land plot, because he was with the plaintiff with his own ownership.

There are exceptions when consent can not be checked, for example, if you buy an apartment that is inherited or a gift. But the risks still eat, so it's better that the documents look a competent lawyer.

As for you. If you are married, take the written consent of the spouse to purchase. Otherwise, if relations with the spouse ruffle, he can challenge the transaction.

Mortgage repayment certificate

If the seller bought an apartment in a mortgage, ask whether it is repaid. If not and you are ready to pay a loan for the seller after buying an apartment, take a mortgage in the same bank as he. In different banks it is almost impossible.

If the seller says that the mortgage is repaid, ask him a loan agreement and a certificate of closing a loan agreement - a certificate of mortgage repayment. It must be framed on the branded bank letterhead. The certificate should stand the outgoing number, the blue print of the bank, the signature of the employee and the head of the department. Do not forget to verify the number of the loan agreement with the contract number in the certificate.

Additionally, the seller can provide a pure certificate of registration of the right, a certificate from Rosreestra or show an extract from EGRN where it is written that there are no encumbrances.

Help on the absence of debt to the bank, that is, about the repayment of the mortgage
Help from Rosreestra about the lack of mortgage

Help from PND and ND

Help from psycho-neurological and drug treatment dispensers take to make sure that the seller's capacity.

If after the transaction it turns out that the seller is incapable, the contract is recognized by insignificant.

Help from PND
Help from ND

Lawyers say that references PND и ND Do not give one hundred percent warranty. But if there is a fresh reference, then the probability of the adequacy of the seller is higher. Therefore, you need to take references.

In practice, these certificates are asked only from adult owners. They are issued personally to a citizen on the day of appeal.

If the seller is elderly

An old man can sell an apartment. This seller must ask for references from PND и ND . But if you still doubt his capacity, invite a psychologist, who is certified to participate in real estate transactions. He will work with the seller before signing the contract and decide whether the seller can make a deal.

It is difficult for the seller from a moral point of view, but safer for you. After the psychologist's opinion, you will be sure that the deal is not challenged because of the incompleteness of the seller.

Practice with psychologists on transactions is most common in Moscow. Find such a specific specialist in the capital is easy. In St. Petersburg and other cities - much more difficult.

Certificate of state registration of ownership

Certificate confirms the ownership of an apartment or part of it. If the ownership is obtained from 1991 to 1996, the evidence will not be. In this case, it is necessary to check whether the marking of the state registration of the right is made on the title document: it must be. I repeat: from July 15, 2016, the certificate of registration of the right was canceled, they were replaced by an extract from EGRN .

To check the certificate of ownership, you need to verify the foundations that are specified in it with real documents. Type, number and series must match.

You also need to check the address, floor and apartments. The appointment must be residential. The cadastral number of the apartment can be checked on the Rosreestra website.

Look, whether the evilment is indicated in the testimony. If not - well. If, for example, in the certificate it is written "Mortgage by virtue of the law", this means that the apartment is pledged by the bank. It is real to buy it: you can repay your money to someone else's mortgage or take a mortgage in the same bank. The first option is risky, but sometimes there are no other ways to buy an apartment. Better consult with a lawyer if you see encumbrances.

Certificate for an apartment with burdensome - mortgage
Since 2015, the appearance of the certificate has changed, now it looks like

Cadastral and technical passport

The technical passport shows the address of the apartment, information about the house, detailed features of the apartment for each room, an apartment plan and explication to it.

The supasport sometimes requests banks when approving mortgages. For yourself, it is not necessary to ask him: all data contains an extract from EGRN . But it will not be superfluous to check the vehicle.

Redevelopment. If you compare the apartment with its plan from the supasport, you can understand whether the owners of redevelopment were made. If you did, it is necessary to figure out whether it is pronounced. The owner can say that redevelopment is coordinated, but this is another concept. Coordinate the sketch or the project has not yet made redevelopment, but we will preconvert the redevelopment. If the technical service has red lines on the plan, it means that redevelopment is not legalized.

The issue of redevelopment is important if you take an apartment in a mortgage: not all banks will give a loan to an apartment with an implaced redevelopment. Sell ​​such an apartment in the future will also be difficult. If you decide to legitimize the redevelopment after buying an apartment, be prepared to pay more than 20 thousand rubles, bypass several organizations and spend a lot of time. In addition, such redevelopment may in principle be illegal.

In order not to be risks, the redevelopment should be legalized, that is, the plan in the serviceport and in other documents should coincide with the real apartment.

Metrah. Check out all the characteristics of the house and apartment with those that the seller called you. Often, sellers exaggerate the area of ​​the premises - check if you did not lie.

Techplan. The supasport is sometimes confused with technica. This is an extended document that contains all the data of the technical support and is used when setting up an apartment on cadastral records. In practice, for checking the legal purity, the Tetra apartment is not asked.

The cadastral passport has been canceled since 2017. It indicated the characteristics of the apartment, floor plan and the cadastral room number.

Form 9.

Registration certificate

Form 9 confirms who is registered in the apartment. If you do not check this document and it turns out that a person registered in the apartment, who, for example, is in prison, when he returns, you will have to share an apartment with him. Such situations are rarely solved in words, almost always this courts, money, nerves, time and no guarantee that you will continue to live in your apartment.

Form 9 easy to fake. Therefore, it is better if the owner or his trustee will take this certificate with you. It can be ordered in the management company, Tszh. , through MFC or through the Public Services portal.

Form 9 give two types: the usual and archival - complete. Check both: so safer. In the usual discharge listed people who are now registered in the apartment. In archival listed all who was registered earlier. In archival discharge, it is necessary to see if there are temporarily discharged from the apartment, minors and pensioners. If there is, ask where they are now, ask confirmation documents and go to the lawyer for advice.

Archive need to take once, and ordinary - several times for the transaction. When you started checking documents, ask for a fresh form 9, when the owner was written from the apartment too. When the apartment is already yours, take the form 9 yourself and check that no one else is registered there.

Archival form 9.

Form 12.

On the removal from registration of some categories of citizens

The form 12 shows the people who are removed from registration in the apartment due to Looking in medical institutions, places of imprisonment, or missing missions. It also contains information about minors, which were taken to boarding school and about the military who did not resume registration after the service.

Form 12 as a form 9: If you do not check it, a sudden tenant can appear. And the specifics of reference is such that there are not the most conspicuous citizens. Disputes with them are almost always solved through the court.

The certificate does not indicate the names and surnames - only the number of people and years of birth.

If everywhere is written "no", the apartment is clean. If somewhere there is a number, the seller needs to clarify what kind of people, what their name is and where they are now. Ask documents confirmed by the seller's words, and run to a lawyer.

Form 12.

Extract from the house book

An extract from the housebook contains the same data as the archival form 9. They differ only in sources: form 9 is based on the consumer card, and the statement is made from the house book.

To check the legal purity of the apartment, I advise you to ask the seller both documents, because there have been cases when the information differed. For example, one document in the apartment has not been registered, but on the second were.

Extract from the house book. Source: Real Estate Agency "Istrael"

Certificate of lack of arrears in utility bills, the law debts for electricity, heating and water remain with the former owner, and the debts on overhaul are fixed behind the apartment and pays for their new owner.

If you buy an apartment with debts for utility payments, you will not be forced to pay them. But you have to spend strength, nerves and time to prove that debt was before you purchased an apartment. And if the former owner did not pay for overhaul, then his debts will move.

To find out if the seller paid everything, ask him a certificate of lack of debts on utility bills. It can be taken in the management company, Tszh. or through MFC .

If there are debts, select one of the options together with the owner:

  1. The owner himself gave all the debt to the transaction and gives you another certificate of the absence of debts;
  2. The owner writes a receipt that undertakes to pay all the debt during a certain period after the sale of the apartment. Paying it will be money that will receive from you;
  3. From the cost of the apartment deducted the amount of debt, and you yourself pay for debt. Most often choose this option.

To protect yourself even more, call the management company and ask about the debts for the apartment. The owner may fake a certificate, and in UK You will tell the truth.

When you receive an apartment, in the act of receiving an apartment, fix the readings of the counters. So you will have the proof that it was such an indication that you entered the apartment.

Copy of financial facial account

This document is needed to check information about registered in the apartment, the characteristics of the apartment, information on communications and utility systems. If the seller has debts on utility payments, it will be reflected here.

In practice, realtors rarely take a copy FLS. But I advise her to take it to check all the information again. This document may be needed under the notarial assurance of the contract of sale and in the approval of the mortgage.

Get a copy FLS. в MFC or through the Public Services portal. Residents of small cities and settlements can contact the local administration.

The blank of the statement from the financial personal account

Single housing document

Residents of Moscow and the Moscow region have a single housing document - Every year . It can be taken in MFC or in a single information and settlement center - ERC. . But form 9 and form 12 in Moscow, most likely, it will not be possible - they are not issued on the usual request in MFC .

Every year Replaces:

  1. A copy of the financial facial account of the tenant of the residential premises.
  2. Extract from the house book.
  3. A copy of the accounting card for the owner of the residential premises.
  4. Help on checking housing conditions.
  5. Registration certificate at the address.
  6. Certificate of family composition.
  7. A certificate of joint living with the deceased / about registration on the day of death.
  8. Help about lonely dead.
  9. Defense certificate.
  10. Help to change the address.
  11. Help "House-new building".
  12. Certificate of the absence of debt on paying residential premises, utilities and other services.
  13. Help on the replacement of the passport indicating the reason.

If you imagine somewhere Every year You do not have the right to demand a document that duplicates information from it. For example, an extract from the housebook: its data contains Every year . But this document does not replace the statement from EGRN , it is still needed to take it.

Blank of a single housing document

Power of attorney

Perhaps you will communicate not with the owner of the apartment, but with his representative. Then it is necessary to test his power of attorney. It must be notarized.

The owners of the apartment often give a power of attorney to relatives, a friend, a real estate or a lawyer. Power of attorney are three types:

  1. General. Gives the right to sell an apartment, sign on behalf of the owner contracts, transfer and take money, to represent the interests of the owner in government agencies. If the seller has a general power of attorney, you communicate with him as a full-fledged owner.
  2. Special. Gives the right to some kind of activity. More often, owners give her realtors for collecting documents.
  3. One-time. It is given, for example, to sign the contract or take a certificate. The owner cannot be in the right place at the right hour and gives the right to another person to make some kind of action on his name.

It is risky to carry out a transaction by proxy, so it is better to ask that the owner of the apartment attended at the moment of signing the contract.

Power of attorney may be withdrawn at any time. Make it can any notary, not necessarily the one who assured it.

With the principal can happen something. Such a story happened at my customers. The elderly owner lived in Moscow and sold an apartment in St. Petersburg. She had no strength to go to another city, so she gave the general power of attorney to his friend. The seller understood that the owners would not be on the deal and it would scare buyers, so I put an apartment at a low price. He came to St. Petersburg, gathered documents and found buyers - my future customers. Buyers understood that they were risking, but bought an apartment. After a few months, heirs came to them: it turned out that the elderly owner died a couple of days before the transaction. That is, the power of attorney was invalid.

Power of attorney can be fake. From this you can insure, if you correctly check the power of attorney. There is a special service for this. And the notary is better to check on the site of notaries.

Passport data of the principal and a representative of a power of attorney must be verified with data in their passports. If you see the principal and his passport you can not, because it is in another city, ask a notarized copy. Examine the rights of the representative - what actions it can exercise - and check the validity of the power of attorney.

Remember

  1. Check the original documents. Photos and not certified notaries are not suitable.
  2. Do not hurry. Read the documents, ask questions, think about each solution. Scammers hurry buyers so that they did not have time to see the catch. If something confuses in the apartment, its owners or documents, please contact professionals.
  3. In the mortgage to buy safer, because besides you, the apartment checks the bank.
  4. Information in some documents intersects. I advise not to be limited to a minimum of documents, but also not to hit the check of unnecessary. Professional real estate agents check the documents listed in this article, and in practice it is enough to recognize fraudsters.
  5. With a professional realist, a lawyer and a mortgage broker, buy an apartment faster, safer and more profitable. Choose proven agencies.
  6. In real estate agencies, there is a transaction accompaniment service. She is twice as cheaper than full transaction. If you have already chosen an apartment, checked the documents and agreed with the seller, order this service of escort. The realtor will check the documents again and helps to make a deal.

Table of contents:

  1. What documents do you need when buying housing?
  2. Features of the purchase of an apartment through the developer
  3. Documents for those who are going to take a mortgage loan
  4. To receive tax deductions

Acquisition of housing is the case responsible and difficult, which is only worth collecting documents when buying an apartment. The right decision will charge this business experienced realtor. But if there is a desire, you can try to enter the case at least at least at the minimum level, for example, to learn the list of necessary documents.

What documents do you need when buying housing?

  • contract of sale;
  • passport;
  • Certificate of marriage (if property is divided into equal shares between spouses);
  • The certified consent of the spouse to commit a sales contract (when the apartment acquires only 1 spouse).

When the contract is signed, payment is made, information is provided to Rosreestr. The buyer receives a receipt, all documents are listed in it, and also indicates the date of receipt of them back. When a person receives his documents back, he is also given a certificate confirming his ownership of an apartment.

Features of the purchase of an apartment through the developer

What you need to do after buying housing, what documents to be issued and where to contact themYou need to start collecting information about the developer not from a visit to the office, but from reading the design declaration, because it is there you can find out everything you need. It is important that the Declaration is published on the Internet or in the media no later than 2 weeks before the first agreement is concluded (the Law 214-FZ states). In addition to the information about the developer, the project declaration includes information about the project.

It will be necessary to check many documents when buying an apartment in a new building. The contract is concluded between the buyer and the developer. But even before signing this Treaty, it is important to check if the necessary documents have the developer:

  • constituent documents. These include the Charter and the Constituent Agreement;
  • certificate confirming state registration;
  • Certificate confirming that the developer is registered with the tax authority;
  • Construction permit. Of course, to get permission, the developer will have to spend a lot of time. After all, he needs to provide an engineering plan, that is, communications networks. But it is better to find out the presence of this plan at once, than to designate then communications in the apartment at your own expense;
  • And last: it is extremely important not to deal with dubious developers, it is better to familiarize yourself with the ranking of reliability of construction companies.

From these documents you can find out the name of the developer, founders, the date when the developer was registered, TIN and OGRN (for these numbers you can identify the developer), initials of the head, as well as the legal address of the developer. Better if the legal address coincides with the actual. If the apartment in this new building can only be purchased through the realtor, and it refuses to inform the data on the developer, it is not worth contacting him.

Documents when buying an apartment from the developer, who should be asked from him:

  • Documents for Earth (in them the cadastral number, as well as the area area). It is necessary to check that the legal entity that has been issued and other documents will be issued;
  • project documentation, that is, the documents in which the purpose of the project and the timing of its implementation is described;
  • conclusion of the state examination of project documentation;
  • Justification of the project of building a house (technical and economic).

It is important to check not only the presence of all these documents, but also their quality. Better, if a lawyer will deal with this question. Then you will be calm that the developer has a full order with the developer, which means you can enter a new apartment with decoration within the prescribed period.

Documents for those who are going to take a mortgage loan

List of necessary documents when buying an apartment in a mortgage:

  1. Certificate of your personality. It is most often a passport, but those who are held by military service, you must present a military ID. And for officers is a mandatory presentation of a specialized identity card.
  2. The consent of the husband or wife, confirmed notarily, if a person is in marriage at the moment.
  3. If the transaction does not make up the buyer himself, but his trusted person, it will be necessary to present a notarially registered power of attorney and the identity card of a trustee.
  4. Documents confirming the financial consistency of the buyer. The list of them is issued in the bank that will issue a mortgage loan.
  5. Contract of sale.

To receive tax deductions

To carry out the design of the property deduction, the following documents will be needed to obtain a tax deduction when buying an apartment:

  1. Passport and a copy of some of its pages (first, as well as pages with registration).
  2. Original tax return (3-NDFL form).
  3. Help from the employer. If you changed several work in the last year, there will be references from each employer. In IFTS, the original of this reference is served (2-NDFL form).
  4. Original application for tax refund. The application must be marked by the account details on which the tax inspectorate will be able to list the money.
  5. A certified copy of the contract of sale (or shall participation contract).
  6. Certified copies of payment receipts (receipts on housing payment).
  7. A certified copy of the certificate of state registration of property rights.
  8. A certified copy of the admission act of housing (but if you purchased real estate under the contract of sale, this document is not necessary).

If you are issued

  • An apartment in the mortgage and is now being returned to the interest of interest, the following papers will be needed:
  • a certified copy of the loan agreement (the contract that the buyer concludes with the Bank);
  • The original certificate of retained interest per year (it can be found in the bank);

Sometimes the tax inspectorate is asked to present copies of documents confirming loan payments (checks, receipts).

  • If you bought an apartment together with my spouse, prepare additional documents:
  • Original application for determination of shared ownership;

Certificate of marriage (you need to pass it with a copy).

  • When a person receives a tax deduction for a child, he needs to be provided:
  • a copy of the certificate of the child's appearance;
An application for the definition of shares (in case the mother participated in the purchase, and father).

If you have built housing yourself, collect all copies of expenditure documents and wrap them notarially. Expendable documents are receipts when buying building materials. In any case, the Inn number will be needed for deduction. Therefore, do not forget to write it out of the tax declaration.

Now that you know what documents are needed when buying an apartment, you can start them. It is important to remember that such important issues as buying a living space is better not to do alone. It will be wonderful if a member of the family or friend can go to the meeting with the developer. It will help you check all the documents and do not lose sight of any important detail! If in

We collect documents for the purchase of an apartment. Photo: Alexander Raths - Fotolia.com

They decided to acquire housing in the secondary market, they simply must be a very attentive and responsible buyer. Responsibility With such a real estate operation, brought, above all, in front of him, so that your accommodation in the purchased apartment (home) presented any unpleasant surprises or took place at all. What to pay attention to when buying an apartment in the secondary market?

So, the question of the issue should be started to study with the verification of the right-ending documents on the residential premises, on the basis of which the ownership of the seller arose. As a rule, these are contracts for sale, exchanges, donations, certificates of the right to inheritance; Less often, the contract of rent, which entered into legal force of the court decision, certificate of ownership of the share in the general property of spouses.

It is obvious that these documents in no case should contain signs of fake, obstacles, etc. If there are corrections in the text, they must be specified, and fastened by the signature and seal of the notary (registrar, if the contract was certified in the State Registration Agency and Land Cadastre). Based on the guideline document, state registration should be made by the Agency for State Registration and Land Cadastre.

In other words: as a rule, the owner must be available, in addition to the right-pointing document, the certificate (certificate) on the state registration of the transfer of ownership of an apartment, it may also be about creating an isolated premises (capital structure), and the state registration of the land plot ( Private property, the right of life inherited ownership, lease) - in the case of the sale of a residential building. In addition, the owner must have a technical passport for alienated immovable property.

Immediately make a reservation that when I certify the sale and sale agreement, neither a notary, nor the registrar will not require a technical support, but after registering the transition of property rights, you will have to register in the purchased apartment (residential building), and the technical support will need to be provided to the Estimated Help Center or other authorized The authority responsible for the registration of citizens at the place of residence (place of stay). In practice, there are situations where the potential seller has any of the above documents (for example, the certificate (certificate) on state registration, or a guide document, or a technical transport). This does not affect the right of ownership of the seller, but if there is no absence, it is necessary to obtain the corresponding duplicates.

What else to pay attention to? Is the redevelopment (building) registered if they were made in the apartment (residential building). Reference is considered to change the planning solutions of residential and (or) non-residential premises in the process of performing repair and construction work. Some types of work are considered not redevelopment, but by reorganization. Reconstruction - change in engineering systems (dismantling, installation, replacement or transfer of engineering networks, electrical, sanitary and technical or other equipment) in a residential and (or) non-residential premises and (or) structural elements in the process of performing repair and construction work. A reorganization of housing is made according to the same rules as redevelopment.

  • Refspire work and reorganization include:
  • replacement or transfer of gas supply systems, central heating, sebuming, gas falling;
  • a device of waterproofing, vaporizolation, thermal insulation and sound insulation;
  • Changes in supporting structures;
  • Changing the area, the number of residential rooms and utility rooms in the apartment due to the disassembly of existing and (or) devices of new partitions;
  • Changes in the area and the number of rooms in isolated non-residential premises due to the disassembly of existing and (or) devices of new partitions;

The device, an increase in the openings in the non-relaxing walls and partitions.

It should be noted that in accordance with Art. 17 of the Housing Code of the Republic of Belarus, reorganization and (or) redevelopment are made at the request of the owner of residential and (or) non-residential premises of the private housing stock, the employer of the residential premises of the State Housing Fund, a member of the organization of developers, which initiate a reorganization and (or) redevelopment, after obtaining coordination (permits) of district, urban executive committees, local area administration in the city.

In the event that a citizen produced a unauthorized reorganization or redevelopment of the residential premises, a fine of up to fifty basic values ​​can be imposed on it (Article 21.16 of the Code of Administrative Offenses of the Republic of Belarus). In addition, such a citizen is obliged to get harmonization (permission) of such reorganization or redevelopment (see above). Such coordination is issued on the basis of a technical conclusion confirming that unauthorized redevelopment or reorganization does not affect the safety of the building being operated and carried out in accordance with the requirements of technical regulatory legal acts. Technical conclusion, in turn, is issued on the basis of the statement of technical specifications.

In other words: if you decide to close your eyes on an impassable redevelopment (the presence of unauthorized buildings with a residential building), then you need to keep in mind that all the problems in the apartment (home) are the problems of its current owners. And impassable redevelopments including. By signing the contract of sale, the buyer, as a rule, confirms that there was no redevelopment and change in the apartment. Therefore, to prove that redevelopment is made before you, it will be very difficult. By purchasing an apartment with an inconsistent redevelopment, you take responsibility, you may be fined and force or coordinate redevelopment, or restore the former internal space of the apartment. Moreover, it is obvious that every step you need to pay.

How to detect redevelopment? If it is, it is easy to see it on the plan in a technical passport. If there are unauthorized buildings in a residential building, they are easy to detect them, overvolving the presence of buildings with information about the composition of the homeowing available in the discharge for a notary certificate of the transaction.

Unfortunately, some not very decent sellers may assure in words that they have no debt on utility bills, and the situation is exactly the opposite to the audit. Justice should be said that such cases are extremely rare, and, nevertheless, I recommend to ask the seller to provide at the time of the transaction a certificate of the lack of debt (including on the foam) for housing and communal services. Such a certificate is issued by a specialist of the reference center (accountant SRSP, etc.) by the owner, or its trusted face, if there is a properly certified power of attorney and, of course, upon presentation of a passport.

It is important that in a certificate of family composition issued to certify the contract of sale, not only the persons registered at the place of residence in the alienated apartment, but also persons at the time of the transaction are not registered, but for which the right to use and possess the alienated apartment.

  • These include:
  • prisoners who are serving a sentence; servicemen of urgent service;
  • Children in educational institutions;
  • Older people placed in nursing homes;

Persons who are treated in a psychoneurological dispensary.

In accordance with Art. 75 LCD, alienation by the owner of the residential premises, in which minor members live, former members of his family, recognized as in a socially dangerous position or recognized in need of state protection, or citizens recognized as incapable or limited in legal capacity, or residential premises enshrined for children -Simates or children left without parental care is allowed only with the written consent of the guardianship authority.

If the apartment (house) is sold not by the owner himself, but an authorized person by proxy, it is necessary to make sure that the power of attorney is not canceled, because otherwise, all powers for canceled power of attorney are lost. In addition, the rendered should be alive at the time of the transaction, because in accordance with the rules of Article 189 of the Civil Code of the Republic of Belarus, the effect of a power of attorney is terminated due to the death of a citizen who issued a power of attorney, the declaration of his deceased, recognizing it is incapable, limitedly capable or missingly absent.

Summarizing the above, I can definitely recommend to conclude an agreement to alienate real estate in the notary. Why? Firstly, the notary provides legal purity of the transaction, secondly, relieves its participants from the need to delve into complex legal and legal subtleties, and, thirdly, the notary is responsible for their property for certified transactions. And if the court decides that it was due to the fault of the notary, one of the parties lost money or property, the notary will pay everything from his pocket. Each notary of the Republic of Belarus concludes a civil liability insurance contract in case of harm to them by third parties as a result of an incorrect notarial action. Insurance amount (limit of responsibility) should be at least thousands of basic values ​​established at the time of the conclusion of the Civil Liability Insurance Agreement.

  • So, if you originate a document from a notary, you can be sure that:
  • The document protects the rights of its owner from the name of the state;
  • The document fully complies with the legislation and you do not threaten the infringement of rights;
  • The document is admitted publicly, it is almost impossible to challenge and refute its legal force and purity;
  • Before you assure the document, the notary will explain in detail all the rights and obligations, as well as all the legal consequences of the transaction concluded;
  • In the case of a professional notarial error, the notary is fully responsible;

Notary checks the legality of all submitted documents.

That is, you can be sure that your deal is made absolutely "purely", and your rights and legitimate interests are protected. ,Svetlana Kuchinskaya

Notary of the Gomel Notary District Material is provided by the Belarusian Notary Chamber for the National Legal Internet portal of the Republic of Belarus

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