The procedure for registering the sale of an apartment is interesting not only for beginners, but also for those who are engaged in this professionally. After all, the legislation constantly introduces new amendments, and the procedure itself is subject to adjustments. Only the stages of the transaction do not change.
Check
The procedure for registering the sale of an apartment is always the same. And the first item is checking. This refers not only to the external inspection of the housing, but also that the apartment is owned by the seller. Also, the presence of a power of attorney is quite acceptable. But she should have a normal validity period and details.
In order not to run into scammers, it is best to personally meet with the landlord and get acquainted with all the documents establishing the property.
Also, before observing the order of registration of the sale of an apartment, it is better to verify the owner’s documents and his photo.
Next, you need to find out if the apartment is encumbered, whether it is in bail or under arrest. This can be done by going to the Rosreestr at the place of residence and requesting an extract from the Unified State Legal Register. This extract will display all the information about the apartment and any restrictions imposed on it.
It is equally important to find out the presence or absence of diseases in the seller, which in the future may become the basis for canceling the transaction. This is an addiction or some kind of mental illness. For this reason, the seller must provide medical certificates. This point can be omitted if the landlord has the right to drive a vehicle.
The procedure for registering the sale of an apartment also includes collecting information about those people who have the right to use this housing. You can find out if you take a certificate in the housing office or an extract from the house book. Complicate the discharge of people from the apartment living there minor children.
In addition, you need to make sure that the owners do not have communal debts. If this is not done, then all debts will be transferred to the new owner.
Conclusion of a preliminary contract
The procedure for completing an apartment purchase and sale transaction includes a preliminary contract clause. This moment is optional, but practice shows that usually people do not refuse to compile it.
What is the meaning of this agreement and why is it included in the procedure for registering an apartment purchase and sale transaction? Everything is pretty simple. By such an agreement, the parties confirm their consent to conclude the main transaction after some time. The reason for the delay may be the period of vacation of the home or the period for which the buyer finds the right amount. It is at this stage that the cost of housing is determined and when it will be sold. You cannot change this data later.
Contents of the preliminary contract
It does not matter what the order of registration of the purchase and sale of the apartment will be: by mortgage or cash, the contract indicates all the items that will be displayed in the main document. That is, there will be a description of the apartment, its cost, settlement procedure and the moment of conclusion of the main contract.
Deposit
Often, in practice, many lawyers are faced with the question of a deposit. But the problem is that with these laws this action is considered incorrect. Therefore, it is impossible to draw up both a deposit agreement and a preliminary contract at the same time. Will have to choose.
Risks of signing a preliminary contract
The procedure for registering the sale of an apartment by mortgage or cash does not differ. But there are risks in the primary housing market.It is possible that the construction company will draw up a preliminary contract with several future owners and then transfer the housing at its discretion. To avoid such situations, an agreement on participation in shared construction is concluded. Such an agreement is subject to mandatory registration with the Federal Registration Service.
The situation with the secondary housing market is much simpler, because the preliminary contract does not contain any risks for either party.
Making the deal itself
The procedure for registering the sale of an apartment in Russia does not prohibit the conclusion of a contract in writing. But it is best to certify such a document with a notary. This will remove some risks, although it will cost more. Whatever the contract, but it necessarily indicates the buyer and seller, a thorough description of the property, its price, payment method, obligations of each party. Whatever the order of registration of the sale: in a mortgage or in cash, in any case, the contract is sealed by the signatures of both parties.
It is best to do three copies of documents at once, so that each side has its own, and one is stored in the Federal Register.
In addition to the main contract, an act of transfer and reception of the apartment is made. It captures the fact that housing has passed from seller to buyer. The contract and the act are concluded together. During the transfer of the contract, the new owner accepts the technical documentation, as well as all the papers that confirm the right to property.
Methods of payment for an apartment
When an apartment is bought, the buyer can pay in several ways. The most common is cash settlement. It will be better for the buyer if the money will be transferred only after the signatures are made on the main contract. After the money is transferred, it is necessary to draw up a receipt.
Another type of payment, which is allowed by the procedure for filling out the documents for the sale of an apartment, is to deposit money in a bank cell, which the seller will indicate. But this method, as a rule, turns into additional troubles for the latter.
It is also allowed to pay for the purchase by bank transfer. This means that it is completely legal to transfer money from one account to another.
The law also allows for all sorts of settlement dates. Moreover, according to the law, all financial obligations can be settled after the new owner re-registers housing rights.
How to register
Since January 2017, the registration procedure has been simplified. Now you can issue an apartment in the property in absolutely any department of Rosreestr, regardless of where the housing is located. Even if it's a different city. The procedure for registering the sale of an apartment through the MFC is much more convenient and faster.
Also in Rosreestr it is now possible to register the transfer of rights to real estate and put it on cadastral registration. Since before this had to be done separately, now the whole procedure takes much less time and effort.
The procedure for registering the sale of an apartment with a notary is slightly different from registration in Rosreestr. In order to register ownership, you must have:
- Statement.
- Purchase and sale agreement with the act of transfer and acceptance.
- Documents that confirm the rights to the apartment.
In order to re-register ownership of the apartment, you will have to pay two thousand rubles. This state duty must be paid no later than five days after the submission of documents.
Registration may take three to ten days. At this time, data processing at the MFC is not included. After registration is completed, the buyer receives an extract from the Unified State Register. Certificate of ownership in the hands of no.
If necessary, it is possible to make a new apartment registration certificate in BTI.
Taxes
The tax on the sale of an apartment depends on several factors. It:
- Grounds for the transfer of ownership of the apartment.
- Duration of tenure.
If the apartment is inherited, donated or after privatization, then in this case there will be no sales tax. This applies only to housing that at the time of sale was owned for more than three years.
The same rules apply to the situation when the landlord got the property after he designed life-time maintenance.
In any other situations, in order not to pay tax on the sale of an apartment, at least five years must pass. But this applies only to those apartments that were purchased after the first of January 2016. For owners who own an apartment from an earlier time, the same three years are retained.
That is, if the apartment is sold without meeting deadlines, it will be necessary to pay a tax of thirteen percent. It is charged according to the cadastral value and coefficient 0.7. The coefficient is calculated in accordance with the year when the owner purchased the property.
The cost of housing by cadastre can be found online on the website of Rosreestr. To do this, you only need the coordinates of the apartment.
The income from the sale of the apartment, the former owner must indicate himself in the tax return. It is provided until the end of April next year. That is, when the transaction was completed in 2016, the tax is filed and paid in 2017. The deadline for payment is July 15th. In this case, it does not matter at all through whom the procedure for registering the sale of an apartment will be implemented: through a notary public or without his help.
Buying a home through a realtor
If there is no desire and time to mess around with papers and delve into the procedure for registering the purchase and sale of an apartment by a mortgage in Sberbank or in cash, then it is better to contact a realtor. Finding a professional is not easy, but quite possible. Ads can be found both in newspapers or on the Internet, and on TV or radio. There are several signs by which you can distinguish a bad agency from a good one:
- Great work experience.
- The office of the company is in a prestigious place and has a good repair.
- There are more positive reviews than negative ones.
- The agency is a professional association of realtors.
- No problems with the package of constituent documents.
- Employees look and behave with dignity.
- The quality of work is documented.
The company undertakes the entire transaction and monitors the procedure for registering the purchase and sale of an apartment by maternity capital, mortgage or cash. But such services will cost a lot. Typically, an agent is willing to work for five percent of the price of housing.
Who can sell an apartment
Even if a person does not buy the whole apartment, then in this case he can only make a deal with the owner. This means that this person must be recorded in the documents. An agreement on the purchase of housing, a certificate of ownership, a gift agreement will do. If the actual owner for some reason cannot be present at the transaction, then it can be done by a trustee. This requires a power of attorney issued by the owner himself and certified by him and the notary public. The power of attorney can be issued to anyone, the main thing is that this is done correctly.
But what to do when the owner is underage? If the child has not yet reached the age of fourteen, then all legal operations for him are carried out by his legal representatives. Be it the procedure for registering the sale of a share in an apartment or an entire apartment. If a teenager is from fourteen to eighteen years old, then he can calmly act on his own behalf, but the consent of legal representatives is still necessary.
Additional paper required
To quickly sell an apartment, you may also need these documents:
- Certificate of legal capacity. This is especially true of the elderly. She is issued in a neuropsychiatric dispensary at the place of residence.
- When one of the parties to the transaction is a minor, it is necessary to provide a certificate from the guardianship authorities.She confirms that no one violates the rights of a minor.
- If an apartment is being sold by one of the spouses, you must have the written consent of the second spouse with you. If the spouses are divorced, then such a document will still be needed. Such consent must be notarized. In addition, you must attach a certificate of divorce or marriage.
- You must also provide a death certificate in case the spouse has died.
- In the case of using maternity capital, a certificate is needed that the rights of the child are not violated in the case of the sale of an apartment.
- Information that the owners do not have debts for utilities.
- The contract of sale, which was executed earlier. Such paper once again confirms the transaction.
Determining the cost of housing
If the housing is correctly priced, then this provides the owner with several thousand rubles.
Of course, the price can be put at random, but you can turn to professionals. There is also a third option - to monitor the average price of such housing. After assessing the tendency to set a price that will be twenty percent higher than average, if buyers call and be interested, then you can raise another ten percent. In the absence of reaction, the price, on the contrary, will have to be reduced by the same ten percent.
How is the value of the apartment estimated? By the following criteria:
- How many rooms. Naturally, the more there are, the more expensive the apartment will be. But a square meter in this case costs less, because it is inversely proportional to the number of rooms. For this reason, odnushki is still more expensive than any other apartment.
- The footage of the apartment.
- The footage of the kitchen. When it is less than ten meters, then the price drops.
- The layout of the rooms. Isolated rooms are more popular than adjoining rooms.
- Floor on which the apartment is located. More expensive housing is located on the middle floors of the house.
- How well is the area around.
- The cleanliness of the entrance, how new the house is, whether it has an elevator.
- Repair in the apartment. Expensive high-quality repairs can increase the cost by ten percent, and poor cosmetic condition, on the contrary, reduces the price. A cheap attempt to "cover your eyes" will not help sell housing more expensive.
- The cost of utilities.
- What kind of heating. Individual heating is more expensive.
- Developed infrastructure. The price of an apartment depends on how many shops are around, what kind of transportation, whether there are schools and hospitals.
- An important role is played by the area in which the apartment is located.
How to sell or buy an apartment through the MFC
The necessary documents for registration of the purchase and sale of an apartment through the MFC are the same, but the algorithm of actions is slightly changed. First you have to order a form in which you need to specify all the information. And then come to the MFC and talk with a specialist. Usually they give out a list of necessary documents depending on the method of payment for the transaction.
Summing up, we can say that before you buy an apartment, you need to weigh everything very well. After all, it is very easy to run into scammers in this matter, both to the seller and the buyer. To avoid this, you need to carefully study all the documents and do not hesitate to ask the owner of the apartment for an explanation. In addition, it will be useful to walk around the neighbors and find out everything about the apartment and its owners. Because the seller himself can not tell the whole truth. Another way to protect yourself is to visit a local precinct or housing office. It is there that people usually know everything about everyone.
But the danger lies not only in the seller or buyer, but also in the realtor. These people should be treated with great care. At the slightest doubt, it is better to refuse the services of this particular person and look for another. After all, they don’t joke with an apartment, so you can stay without any housing at all. For this reason, a frivolous attitude to the sales transaction is simply unacceptable.The more attention will be paid to the selection of housing and checking it for documentary cleanliness, the better. And it’s better for one person not to make such a deal, there should be someone who can help and suggest.