Recently, the sale of an apartment for the transfer of property rights has often been practiced. Such a transaction is called cession. As a rule, it is in relation to residential premises in houses under construction. Let us further consider in detail how the purchase of an apartment by assignment of rights is made. 
General description of the transaction
If in an agreement with the developer it is not prohibited to sell an apartment for the transfer of rights, the future owner has the right to carry out the assignment. Typically, the price of such an object is higher than the amount paid to the construction company. Along with this, the acquirer of such real estate must understand that the cession provides not only a direct transfer of rights, but also obligations. In addition, the new owner will bear the corresponding risks that may arise in case of violations of the terms of the contract or the law by the developer.
Equity agreement
Before selling housing under such an agreement, the owner is obliged to transfer to the developer the entire amount or part of it for the object. In the latter case, the remaining debt can be transferred to the acquirer. Such assignment of claim an apartment is permitted by law before the house is completed and the owner does not receive a deed of transfer. A transaction under an equity agreement must go through state registration. 
The legislative framework
From April 1, 2005, the order is in force, according to which the investment or equity agreement must be fixed by the registering authority. Thus, if the property was acquired before the deadline, registration of the transaction may not be carried out. Assignment of rights to the apartment in this case may be carried out by agreement. It may also not be registered with an authorized body.
Important point
Assignment of rights to an apartment can be formalized only in two cases. In the first - after the payment to the developer of the entire amount under the contract has been made. Also, the transaction is allowed while concluding an agreement on the transfer of debt to a new owner. 
The first stage of the transaction
Before entering into an agreement, it is necessary to check whether the developer has permits, in order. To do this, you can contact the company office directly and ask for:
- Constituent documentation, Charter.
- Sv-o about the state registration of the company.
- A document certifying that the company is registered with the tax authority.
- Papers on the land.
- Accounting statements prepared for the last quarter of the year.
- Permission to carry out construction.
In addition, the company should have project documentation. It includes information about the goal, timing, stages of construction. The estimated date of delivery of the house should also be indicated. The project declaration describes how to fulfill obligations. In addition, the company must have a contract that indicates the source of financing for the project. 
Preparing for a deal
The fact that the transfer of rights to the apartment will be performed should be notified to the developer in writing. This can be done by mail or bring a notice in person to the office. In the absence of notice that the assignment will be held, the transaction will subsequently be declared invalid. Specialists recommend including a representative of the developer as a third party in the contract.
Company Consent
It is also in writing. As a rule, the developer asks for 5% for the consent and the assignment procedure. This amount is calculated in accordance with the price at which the owner offers the living space.For example, a person purchased a building for 1.5 million rubles, and sells for 2 million. Thus, 2,000,000 x 5% = 100,000 p. This amount must be paid to the company account.
Certificate of no debt
It also needs to be taken from the developer. The certificate must contain information that the settlements under the terms of the contract have been fully completed, that is, the seller’s obligation to the apartment has been paid off. The developer will issue such a document only if the entire amount due has been paid or at the same time an agreement is concluded to transfer the balance of the debt to the new acquirer. In this agreement, the developer is mandatory as a third party. 
Additional documents
Assignment of rights to the apartment is allowed with the consent of the spouse (if available at the time of purchase of housing). Therefore, it is imperative that the husband / wife confirms the transaction in writing. If a mortgage loan was issued for the apartment, then you should also take the bank’s consent to transfer the rights of claim. In addition, an extract from the Unified State Register will be required. It indicates the seller of the apartment as the copyright holder. Such a certificate will be issued only if the investment or equity agreement has been registered with the relevant authority.
New acquirer actions
If the buyer is married, then before buying an apartment, the written consent of the husband / wife is required. It must be notarized. Such consent is not required if a spouse has entered into a marriage contract. They can also participate in the transaction together (then the apartment will be issued for both of them). In this case, consent is also not necessary.
Preparation of contract
The next step will be to draw up an assignment agreement. It should indicate the type of contract that was originally concluded. An agreement can be drawn up at a law firm or directly at the developer’s office. The document must be registered with an authorized state agency.
Documents for registration
You can register the transfer of rights in the Regpalat or the MFC. The assignment agreement is signed in the presence of an employee of the authorized body. Together with the agreement, in addition to the above documents, the passports of the parties, the initial contract with the developer, the receipt of state duty are presented. The registrar draws up the relevant application, according to the submitted papers. Each participant in the transaction signs this paper. The registrar takes all the documents submitted and gives a receipt to receive the originals of the presented papers, as well as the registered agreement. The whole procedure takes from 5 to 15 days.
