In 2019, the USRN already exists - a unified register of real estate registration. This resource will include information that is reflected in the real estate cadastre.

Registration processes are unified and citizens can apply one application for two procedures, which indicates a serious saving of time spent.

Documents can also be accepted in the divisions of Rosreestr. By law, a citizen must create an appeal to the nearest territorial body. If a citizen is in another locality, then there will be no need to go to another city - you can give everything Required documents at the nearest branch to your place of residence.

What transactions today are subject to mandatory certification by a notary?

It is possible to certify operations at the notarial level if both parties wish, but there are situations when support without a notary impossible by definition. In such situations, the legislation requires registration by agreement in a strictly defined form.

Such situations include the execution of agreements on:

1. Marriage.
2. , pledge of shares.
3. Preliminary in situations where the transaction will later be concluded in the presence of a notary.
4. Termination, assignment and change of debts under contracts that were concluded by a notary.
5. Alimony payment.

It is also necessary to notarize all the papers related to this: a testamentary refusal or laying on, as well as powers of attorney that are issued when determining the procedure for retrusting. Operations with vehicles must also be notarized, this also applies to cases where required state registration or notarization.

Notarization may not always be provided only by law. It is enough to include a certain clause in the agreement, and the operation will also have to be without fail be accompanied by a notary.

If citizens do not comply with the notarial form when making transactions, then such an act will entail recognition invalidity. Then after taking judgment the parties undertake to return all items that were transferred in accordance with the contract.

IN judicial practice there are situations in which the parties commit evasion from notarial support of the transaction. One side fulfills its obligations, the other refuses to do so. Such transactions, which have the format required in the field of notarization, may well be recognized as valid if the person concerned submits an application.

Subsequent certification will no longer be necessary, because the parties will be exempted from such a need as obtaining notary services.

The party that evades notarial certification of the transaction without good reason must compensate for the losses in favor of the second counterparty, which arise as a result of the delay in the correct execution of the transaction.

Which transactions do not require notarization?

All other transactions do not require notarization. Accordingly, they can be drawn up in the usual written form. This does not apply to mortgage transactions, registration of real estate, marriage agreements, annuity, assignment of rights.

For example, contracts for the sale of cars can be drawn up independently, without the participation of a notary.

Also do not include issuance of powers of attorney for the transfer of powers. But in a simple form, powers of attorney can be issued to receive wages and other receipts related to employment contract. Also, documents on copyright, receiving pension remuneration, scholarships and other benefits do not require the participation of a notary.

The procedure for notarization of the transaction

Let's take the situation with . This kind of deal is not mandatory in terms of certification by a notary. However, if you decide that such a transaction must be notarized, no one will oppose.

By signing this agreement, the transaction cannot begin and end. At the time of preparation of documents, it is necessary to consolidate business relations between the parties. After such an agreement is signed by the parties and certified by a notary, you need to proceed to. This is done in Rosreestre.

As a result, such a transaction will consist of three stages:

1. Conclusion of a preliminary agreement coupled with collection required list documents for notarization.
2. Signing general agreement contractors, certification of signatures in a notarial order.
3. Submission of documents to Rosreestr.

The first stage is important for both counterparties. The most important terms of the transaction, which include determining the value of the object, the procedure for transferring the object and settlement, must be documented.

In order for the buyer of the apartment to definitely remain the second party to the transaction until the end, you can demand. This will be an excellent guarantee of relationships. Be sure to spell out this clause in the terms of the contract so that the parties do not have any disputes on this issue. This practice shows that in 95% of situations, transactions are made successfully and reach their logical conclusion.

To prepare the certification of the transaction by a notary, a specialist must provide a complete package of documents.

It includes:

1. preliminary agreement.
2. to the property.
3. Certificate of registration of the right. Required only if available.
4. all persons involved in the transaction for its implementation.
5. Permission for the sale of the property from the guardianship department when the apartment belongs.
6. Notifications about the sale of a share by other participants in the property when it is sold to third parties.
7. Certificate of registration in the apartment of persons or lack thereof, apartment card.
8. absence document.

Documents can be submitted as copies, but for verification of validity, the originals must also be collected. The timing of the preparation of this list will depend on the workload of the notary, so this issue should be discussed in advance.

In the second stage, there may be discrepancy between the interests of counterparties and the notary. The latter must do everything to make a deal recognized as indisputable. Sometimes the parties try to counteract this. As a rule, notaries are not interested in all other nuances of the agreement. The parties should read the document more carefully in order to amend it.

After all the subtleties are settled, the contract is signed by both counterparties.

The last procedure is the most obligatory and the main one. It is secondary after the signing of the sale and purchase agreement, but this does not lose its importance. The deadlines for filing an application after signing the agreement are not regulated by law, but it is not recommended to delay such a case.

The buyer must pay for the registration. The amount is small - this is a state duty, the amount of which is 2000 rubles. Registration of rights under a notarized contract is quite fast - period is 3 working days. Also, participants may not register on their own - for this you can use the notary himself, but this will incur unnecessary financial losses. In practice, now there are no large queues in Rosreestr, so you can not involve a notary in this process so as not to lose time and money.

The cost of notary services

Each service provided by a notary must be paid. This is regulated by Art. 333.24 of the Tax Code of the Russian Federation. As for real estate transactions, here the notary must obtain state duty in the amount of 0.6% of the value of the object.

Also, the notary is paid for the technical side of the operation - paperwork. Here, payment is appointed by a notary, but, as a rule, does not exceed 2000 rubles. As a result, it turns out that the costs of a notary are always high, and the parties always face the question of the need for his services before carrying out an operation. Of course, the payment of notary services is the responsibility of the buyer of the object.

As for other types of relations with a notary, you can learn more about their cost from the provisions of Art. 333.24 of the Tax Code of the Russian Federation.

First hand consultation

A notary from Rostov-on-Don Oksana Nikolaevna Bondar talks about latest changes in real estate law.

The procedure for registering the purchase or sale of an apartment is associated with many legislative nuances, and implies the passage of several stages of the transaction, and, accordingly, the involvement of the services of various legal entities.
At the same time, many buyers and sellers are concerned about the question "how much does it cost to buy and sell an apartment." You can get an answer to this question only if you have a clear idea of ​​all the upcoming transactions of the transaction. The procedure for registering the sale of housing has a certain well-established structure based on established laws.

Registration procedure

The preparatory period, which is not related to paperwork, but is a starting mechanism, can be considered the beginning of the process of buying and selling a dwelling. We are talking about the initial search for a suitable option as a purchase, or bringing the property offered for sale to the appropriate selling parameters.

Further actions of the buyer are aimed at finding out how the chosen option of the apartment is legally clean. Usually real estate agencies or notary offices deal with this issue.

The seller of an apartment may also need an agency service in order to create advertising, search for a buyer and competently complete the transaction.

If an agreement is reached between the buyer and the seller, the transition to documentation deals. After collecting and examining the package of necessary documents, the contract is executed.

In the process of collecting the necessary documentation, the highest percentage collected securities accounted for by the seller. After checking the housing for various legal aspects, and confirming the possibility of processing the transaction, two types of contract are concluded - preliminary and main sample.

A preliminary document is not concluded in all cases, but only at the request of the participants in the transaction in order to increase the degree of its reliability. In the case of registration of such a paper, it prescribes the amount of the received deposit or the amount of partial repayment of the cost of the object being sold.

The main contract is issued after notarization to both parties. It contains basic information about the property and the nature of the transaction.

Package of documents

To complete the transaction, each party provides a package of documents. Common, of which are passports, identification documents and executed contracts, which also have their own cost.

As a result, the following types of documents must be submitted:

• passports of the buyer and seller and a copy of all passport pages for the seller of housing;
• a document certifying ownership of the dwelling by the seller - usually a certificate of registration;
• documentary confirmation of the legality of the purchase of housing for the seller - the original contract of sale, a certificate of inheritance of housing or its allocation in court;
• passport on cadastral registration from the BTI for the seller;
• technical passport for the apartment, issued in the BTI;
• for citizens who are married, a certificate of marriage;
• for divorced citizens, a certificate of divorce;
• widows and widowers must provide a certificate of death of the husband (wife);
• receipts issued for the payment of state duty;
• document from tax authority in case of sale of a donated or inherited apartment;
• certified personal account data and a document confirming the absence of utility debts from the owner of the apartment (more details:);
• a document certified by a notary on the consent of the spouse to conduct a sale and purchase transaction, if the property is recognized as jointly acquired in marriage;
• certificate issued in passport office, according to form No. 9 on citizens registered in an apartment for sale.

All documents are provided in the original and copied version. When making a transaction, the main contract is drawn up in the amount of three copies and is handed over to the buyer, seller, and transferred to the archive of the registration office.

Also, in the amount of three copies, an act on the transfer of ownership of housing is drawn up, which serves as an addition to the main contract.

How much does it cost to purchase an apartment

Making the purchase of an apartment is associated with certain costs, including payment for the services of a notary office and a real estate agency.

The cost of registering the purchase and sale of an apartment through a realtor will be about 3% of the total price of the object being sold. When contacting a notary, when paying for services, the price level of housing will be taken into account.

To understand how much it costs to purchase and sell an apartment, you should focus on next system calculation:

• the price of housing is less than 1 million - payment from 300 rubles. up to 11 thousand rubles,
• housing costs from 1 to 11 million - you will have to pay no less than 15 thousand,
• expensive housing from 11 million implies a payment in the amount of 16 thousand rubles or more.

The total amount includes the costs of working with a package of documents and the cost of the contract for the sale of an apartment.

Price of legal support

In the case of participation of a lawyer in the process of a property purchase and sale transaction, the price of such support may fluctuate within from 10 to 50 thousand rubles. The difference in the price index depends on the number of services rendered. Traditionally, a lawyer draws up a transaction agreement, an agreement on the deposit made, and prepares an act on the transfer of rights to property. Additionally, agreements on the lease of a cell in a bank and a document on the received advance can be drawn up.

The lawyer checks the possible risks, and, upon request, can go to the bank at the time of laying the amount of money in the cell.

Registration of a transaction with a notary - is it expensive?

Despite the fact that a notary transaction is not a mandatory procedure, many buyers turn to a notary office for help. This is due to the desire to ensure the safety of the process.

First of all, the notary listens to the wishes of the parties and advises on existing issues. Based on the requirements presented, a decision is reached that suits both parties.

The notary must carefully check all the submitted documents, including the power of attorney, if any.

Registration of the transaction begins with the signing of a preliminary agreement, which specifies the terms and conditions of its implementation. The agreement is signed by both the buyer and the seller. Further, the main contract is signed, which is certified by a notary. After signing this document, the registration of the right to the housing property of the new owner takes place.

The duties of a notary include a number of legally binding transactions. Such as:

• Full verification of the submitted packages of documents. Particular attention is paid to the authenticity of the identity document of the seller or buyer;
• Notarization of the transaction;
• Determining the capacity and sanity of all participants at the time of the transaction;
• Confirmation of the legality of what is happening;
• Submission and issuance of documents for state registration;
• Allocation of a share in a residential facility;
• Execution of documents for the housing to be sold, allocated by the right of guardianship;
• Implementation of the alienation of housing owned by a person who has not reached the age of majority;
• Alienation of living space of persons recognized as partially or completely incompetent;
• Drafting and execution of a preliminary sample agreement;
• Work with a package of documents of the owner and the buyer;
• Certification of the consent of the second spouse to the transaction;
• Consideration and confirmation of documents of guardianship and guardianship authorities issued to a minor;
• Work with extracts containing information about all persons who have a residence permit in the premises for sale;
• Consideration of certificates of the absence of utility debt;
• Confirmation of the fact of purchase of housing with funds maternity capital, with the provision of a copy of the document and an extract from the bank account;
• Consideration credit history according to the available copy of the agreement with the bank for the issuance of funds for the purchase of real estate.

Now the most interesting thing - about the prices for notary services!

If the transaction is between relatives: services provided to husband, wife, children, parents or grandchildren - 3,000 rubles + 0.2% of the transaction amount. The total amount can be up to 50,000.

Outsiders:

• Transaction amount - up to 1 million rubles - 3,000 rubles. + 0.4% off total amount.
• The amount of the transaction is from 1 to 10 million rubles - 7,000 rubles. + 0.2% of the total amount.
• The transaction amount is from 10 million rubles - 25,000 + 0.1% of the total cost.
• When calculating the final cost of registration, the following is taken into account: the cost of drawing up a contract - from 2,000, certification of the contract - from 7,000 to 100,000, the act of transfer and acceptance - 1,000 Russian rubles as of 2019.

Notarial registration of the transaction helps to avoid many problems and increases the percentage of its reliability.

Realtor services

Often, when buying and selling a home, you have to resort to the help of real estate agencies. The realtor takes care of many issues that arise during the transaction. It carries out:

• An advertising campaign aimed at finding a buyer or seller of real estate;
• Conducting a pre-sale showing of housing;
• Drawing up a list of required documents;
• Clarification of issues related to privatization;
• Determining the conditions and terms for paying the cost of housing, indicating the currency;
• Preliminary preparation of a package of documents;
• Drafting of all types of sales contracts;
• Registration of signed contracts in Rosreestr;
• Receiving money from a bank cell;
• Solving all questions about deregistration former owners apartments;
• Registration of the entry into the ownership of the new owner.

Services of a realtor when making a purchase and sale - 30 - 50 thousand rubles. The price of one trip to support the transaction can be 5 thousand rubles, but in many cases the trip will be free, this is negotiated individually.

Additionally, at the request of the parties to the transaction, the realtor may carry out other legal operations.

The amount of the state duty

According to, the amount of the state duty for persons carrying out the transaction is set at 2 thousand rubles. With a share purchase option, the payment of state duty is charged to each shareholder. At urgent processing documents, the state duty is paid at a double rate.

Provided free of charge:

• Purchase and sale agreements and certificates of inheritance law confirming the fact of the purchase of housing by the seller;
• Extract from the USRR or USRN on ownership.

Also, upon request, a general passport and a residence permit are provided free of charge.

Purchase and sale agreement - the cost of drafting and registration

Drawing up and registration of a purchase and sale agreement is paid in the amount of 2 to 3 thousand rubles when contacting a notary. The cost of drawing up the contract is calculated at the rate of 1% of the total cost of the apartment.

If the housing is valued within the range of 1-10 million, the conclusion of the contract will be 10 thousand rubles plus 0.75% of the transaction amount. The cost of registering the contract will cost about 5 thousand rubles. For persons of a pension age there is a system of discounts.

Other processing costs

Additionally, the buyer can pay for the following types of documents:

• Certificate from the BTI - 500 rubles;
• Certificate of conformity of the address - 500 rubles;
• Apartment appraisal - 1300 rubles;
• Legal confirmation of redevelopment - about 30 thousand rubles;
• Rent for a safe deposit box - from 3 to 5 thousand rubles;

If you seek help from a realtor on the collection of the necessary certificates, you will have to pay for this service.

Depending on the number of required documents and the types of services provided, the costs of registering the purchase and sale of an apartment can vary significantly. Some real estate companies offer ready-made packages for completing a transaction at a price of 10 to 50 thousand.

Eventually, total cost transaction can be from 10,000 to 150,000 rubles. The minimum amount will be obtained if you act independently to the maximum, but in this case the risks of doing something wrong and losing even more increase!

The costs in the process of a purchase and sale transaction have a considerable monetary indicator, but in the end, each participant achieves the goal and receives satisfaction from the final result.

The process of registering the purchase and sale of an apartment is quite complicated and requires special attention. The seller must think over the sequence of the upcoming transaction, consider all possible risks and subtleties, and also prepare all the necessary documents in advance. To have an idea about the process of making a transaction, you need to familiarize yourself with each of its stages.

Transaction options

Currently, there are several ways to conduct a transaction. Each has its pros and cons, but they are all in demand in their own way.

• With the help of a notary

Registration of the sale of an apartment with the participation of a notary gives one advantage - a lawyer. It is he who bears full responsibility for the correctness of the drafting of contracts. Plus, notarized documents record any legal action.

The buyer is not always aware of what documents should be required from the seller and. The notary will also take care of this and tell you all the possible nuances and risks.

• Self clearance

This type of registration allows the seller to control all stages of the sale. The advantage of self-registration of the purchase and sale of an apartment is saving Money on a realtor and a notary, as well as personal control over the entire transaction process. The disadvantage of this option is the complexity and length of the procedure, which requires a lot of time and knowledge of some laws.

• With the help of a realtor

A real estate agent is a specialist in real estate transactions. In the process of registration of the purchase and sale, he is the main assistant. Functions that a realtor performs:

• assistance in the sale and search for the necessary apartment;
• organization of viewing and display of the apartment;
• decision on the timing of the transaction;
• organization of the payment of the deposit or advance payment;
• advice on all possible questions associated with the sale and purchase;
• verification of submitted documents;
• organization of transactions and settlements.

The advantage of working with a realtor can be considered saving your time. The downside is the cost. As can be seen from the functions of the realtor, these issues can be solved independently (with certain initial knowledge).

Required documents

In order to competently and without delay arrange the purchase and sale of an apartment, you will need to collect a complete package of documents. Without having any one required document the transaction is either delayed or completely interrupted. In this case, the seller risks disrupting the deal and losing the buyer. Preparation should be taken with the utmost care.

Documents required for registration of the purchase and sale of an apartment:

• Main documents:

- Identity documents (passport) and birth certificate (if there are minors under 14 years old).
- Marriage certificate (if the seller is married), if the apartment being sold was purchased during the marriage. This certificate must be drawn up through a notary public.

What does spouse consent look like (example):

Additional Information. Consent to the sale is necessary so that in the future the spouses do not have conflicts about the fact that the spouse sold the home without the knowledge of the other.

• Documents to confirm the ownership of the apartment (such a document may be a certificate of registration of rights, a rent or donation agreement).
• Technical or cadastral passport of a dwelling from the BTI.

Note! The validity of such a passport should not exceed 5 years. Otherwise, you must order through the bureau technical documentation new.

• Permission from the guardianship authorities. If the owner of the apartment (or its share) is a minor. This permission must be obtained to provide information that the rights of the minor are not violated.

Important! Permission is issued on the condition that the child will soon be registered in another apartment (to be bought or to relatives). The child must have.

• Three copies of the contract of sale. Each of the parties (seller/buyer) receives one copy, the third is intended for the registration authority.
• Power of attorney and identity card of the seller.

Note! The most common fraudulent scheme is the sale of an apartment allegedly by proxy. Often this document is fake. It is advisable to immediately check the trusted person for reliability.

• Certificate of no debt for an apartment.

Note! Buyers are very willing to make a deal if the seller already has a complete package of documents ready, and all because this significantly shortens the process of its execution.

• Documents confirming the purity of the transaction:

- Extract from the Unified state register rights to real estate(EGRP). This document allows you to check the entire history of the apartment.
- An extract from the house book, received no earlier than 1 month before the proposed transaction. It reflects information about all persons living (registered) in the apartment being sold. Also, from the extract, you can get information about the presence of an arrest or encumbrance on the apartment (if any).

• Additional package of documents:

- Death certificate. It is necessary if the spouse of the owner of the apartment has died.
- Previous contract of sale.
- Certificate of capacity of the seller. It is needed only if the seller is an elderly person, a disabled person or a suspiciously emotional person.

Note! Often there are cases when the purchased apartment is returned through the court to the owner or relative of the owner due to his incapacity.

For example, very often elderly grandmothers, who are already poorly aware of their actions, sell their apartment for a low price to strangers. As a result, it turns out that the grandmother was simply in an inadequate state at that time. Therefore, it is recommended to always demand from the seller a certificate of his capacity.

What documents are required to sell an apartment (video)

The video tells about the main documents required when selling an apartment. The nuances of the transaction are considered in detail. Consultant - director of a real estate agency.

More about the documents required for the sale of an apartment-. If you are interested in the list of documents for purchase, then it.

Where are documents submitted

You can draw up a contract for the sale of an apartment in the following places:

• In the Multifunctional Center (MFC).
• At the Registrar's Office.

Drawing up a contract of sale can be drawn up even at home. But this applies to simple transactions that do not involve complications, for example, in the form of registration of shares. In other cases, specialist advice is necessary.

The order of registration of the transaction

In order to arrange the purchase and sale of an apartment in the correct order, it is necessary to plan in advance the course of your actions.

• At the first stage, all documents are collected (it is advisable to take care of the availability additional documents). Then the seller must queue up at the Rosreestr to register property rights.
• At the second stage, a contract for the sale of an apartment is drawn up and certified. An act of acceptance and transfer of the apartment being sold to the buyer is drawn up.
• The third stage involves a cash settlement with the seller, passing the state registration and receiving the keys to the apartment.

The picture shows rough plan registration of the purchase and sale of an apartment:

How to draw up a contract for the sale of an apartment

This agreement is made under uniform pattern. It can be compiled in printed or written form (but not in any way orally).

Sample contract for the sale of an apartment:

Before concluding a contract for the sale of an apartment, both parties must discuss the entire process of the transaction, discuss all the nuances and conditions of the future agreement, as well as the procedure for calculating. One of the highlights is setting the exact price for the apartment. If the seller lowers the price of the property in order to "reduce the tax", he will end up cheating the buyer with ease.

After filling out the contract of sale, you need to sign it.

Important! It is desirable to settle accounts with the buyer in the presence of reliable witnesses or with a notary.

How much does it cost to buy and sell an apartment

If we consider registration with the participation of a notary or a realtor, then this process can become very costly, but more reliable. Consider the approximate cost of services in three options:

• Purchase and sale at the notary

For the execution of the contract, the notary will take 1% of the transaction amount (if the apartment costs up to 1 million rubles), if the value of the object of sale is more than a million, then the registration will cost ten thousand rubles + 0.75% of the total transaction amount.

• With the help of a realtor

Realtors usually take 2-4% of the cost of the apartment being sold. Moreover, all the work of a realtor consists mainly in elementary support, consultation and collection of documents (see above “functions of a realtor”).

• Independent registration of the purchase and sale of an apartment

A good budget option for people who are more or less versed in the processes of buying and selling, as well as for economical people.

List of expenses:

State duty - 2000 rubles.
- Technical passport of the apartment - from 1000 to 1500 rubles.
- Cadastral passport - 250 rubles (see also -).
- Certificate from Rosreestr - 200 rubles.
- Registration of a power of attorney (if necessary) - 500 rubles.

In this case, the seller of the apartment spends little money on the transaction, but he is exposed to all sorts of risks.

Note! Prices shown are approximate and may vary slightly.

The nuances of an independent transaction without the participation of a realtor / notary

Self-selling an apartment requires special care and caution. There are many nuances in this case, the main thing is to study and remember them:

• It is advisable not to pay the amount of the deposit in excess of 80-110 thousand rubles. And be sure to take a receipt from the recipient of the money. Read how to compose it correctly.
• It is not recommended to agree to the request of the seller to specifically underestimate the price of the apartment. The situation can turn against the buyer. And if something goes wrong, then the court will be able to recover only that smaller amount from the seller. Although it usually does not come to this, and the seller goes for it to evade taxes.
• If the apartment is purchased from the developer, then you should very carefully check all the documents and information:

  Constituent documents of the developer (certificate of state registration, charter).
  - Accounting statements for all periods.
  - Project Declaration.
  - Building permit for land.

• If an apartment is purchased with a mortgage, it is very important to first decide financial question with a bank. Sometimes it happens that the process of buying and selling has already begun, and the bank abruptly refuses a loan. In the end, everything falls apart.
• During the acceptance and transfer of the deposit, it is desirable that it indicates the penalties that will need to be paid if the terms of the contract are violated.

Sample preliminary contract purchase and sale of an apartment:

If the seller / buyer has carefully studied all the points of registration of the sale of an apartment, prepared all the necessary papers, then he will certainly avoid many difficulties. After all, such a laborious process can be fraught with pitfalls.

Possible risks when buying an apartment (video)

Interesting and helpful information about the risks when buying a home, describes cases that are worth paying attention to. All about a dirty deal, undervaluation and forgery of documents.

Features of registration of purchase and sale of a share in an apartment

If the owner owns a certain share in the apartment, then the sale of this share is very different from the sale of the whole apartment. This process is regulated by certain rules and responsibilities:

• The owner must have a document confirming the ownership of shares in the apartment.
• It is necessary to issue a dedicated utility bill.
• Before making a transaction, the owner is obliged to notify the other tenants of this apartment of his decision and invite them to buy out his share.
• Be sure to issue a written notice to citizens living in the apartment about their decision to sell the share. It is desirable that it be certified by a notary.

An example of a share sale notice:

Note! Only after the refusal of other tenants of the apartment to redeem the share, the seller has the right to sell it to other persons.

Purchase and sale with the participation of relatives

Registration of a transaction between relatives occurs in the same order as discussed above (see "Procedure for processing a transaction"). There is no difference who will be the buyer, whether it be the grandson or the husband. Usually, families resort to this type of transaction as an alternative to a gift agreement or, considering the sale and purchase to be more reliable and undeniable. Such transactions can even be considered fictitious, since most often no funds are transferred between its participants.

New rules for selling an apartment

Every year, the legislature amends the rules for selling an apartment in order to simplify the procedure and reduce speculative transactions in the real estate market.

Changes in terms of sale:

• The sale of a share in an apartment must now be registered with a notary.
• When dividing property in marriage, it is necessary to certify with a notary all documents confirming this process (and an agreement on the division of property).
• If the apartment being sold has been owned for less than 5 years, then it is encumbered mandatory tax 13%. Previously, the term was only 3 years. There are exceptions: taxes (after 3 years) will not be levied on apartments inherited by donation (see also -), rent and privatization (see also -).

Despite such a laborious process of registration of the purchase and sale of an apartment, with the right approach, it will not be so difficult to make a successful deal. If a realtor or notary intends to manage the process, then the seller this information would be useful for information purposes. And if an independent organization is planned, then this article will become an indispensable assistant in the preparation of documents.

You will learn from the following article.

How much do you have to pay to sell an apartment in fractional ownership and why realtors decided to increase their commission after the entry into force of the new law

Photo: TASS / Stanislav Krasilnikov

In June 2016 in Russia, which prohibits donating, changing, buying and selling housing in shared ownership without a notary. This means that now every transaction with shares of apartments and houses. Without this assurance, Rosreestr will not register the transaction.

The amendments affect transactions with both whole apartments and separate shares- in the event that several owners own the apartment as part of a common shared ownership. “Now a transaction for the sale of real estate can be made in a simple written form only on the condition that the property is individual or common joint - without determining shares,” explained Irina Andreichenko, legal adviser of the Inkom-Nedvizhimost real estate agency. Under the general joint property in Russia, cases are understood when several people who have one certificate of ownership for all are considered the owners of one apartment or house. The head of the legal department of the Federal Notary Chamber (FNP), Alexander Sagin, confirmed that under the new law, such transactions do not require certification.

The innovation will seriously change the market, realtors and notaries told RBC Real Estate. “Before, notarial transactions were an exception to the rule. Contracts were drawn up mainly in a simple written form, - Andreichenko said. “Currently, we do not have statistics on the number of notarial transactions after the adoption of the new law, however, given that at least half of the apartments are in common shared ownership, it becomes clear what percentage of participants in transactions will turn to a notary.” “Previously, notarization was optional, rarely anyone used this service - only about 5% of buyers,” added Oksana Ivanova from the real estate agency NDV-Nedvizhimost.

The ban on donation, exchange and sale of shares without a notary is the most noticeable, but not the only innovation that provides new law. So, from June 2, 2016, without notarization, it is impossible to conduct a single transaction with housing owned by minor owner. “Now only 1-1.5% of the total number of transactions can be formalized in a simple written form. For example, this is a sale and purchase transaction when the owner of the property is one adult owner,” said Marina Tolstik, managing partner of the Miel Network of Real Estate Offices agency.

The law is already working in practice, it is impossible to bypass the new requirements and register a transaction in a simple written form, RBC Real Estate was told in the Miel, Inkom, Relight and NDV agencies. “As always, there is a loophole in the law - you put the date June 1, 2016 in the sales contract and save money on a notary transaction. The question is how long citizens will be able to do this, ”wrote Alexander Chernokulsky, president of the Novosibirsk Association of Realtors, in his column on the NGS-Nedvizhimost website. “Cases of successful transactions without notarization in Rosreestr are more likely to be associated with inattention or ignorance by specific state registrars of the new rules for the alienation of shares,” she explained. CEO real estate agency "Miel-Novostroyki" Natalia Shatalina.

Why do we need a law

The new law eliminates loopholes used by scammers, the Federal Notary Chamber is sure. “The consequences are definitely positive,” Sagin said. - And for citizens, whose rights will be reliably protected, and for the reliability of information from state registers, which are still often disputed in court. Even after the lapse of time, there have been cases when a bona fide buyer discovered that the property he owns, acquired in accordance with the record in the Unified State Register valid at that time, is no longer his property, since previous transactions have been challenged in court. And if the scammers have disappeared, then no one will compensate for the damage. Unlike a notary, who always bears full property responsibility for his actions. If the notary has doubts about making a sham transaction (for example, substituting a purchase and sale with a donation), he will be able to refuse to certify it.

Additional protection of the transaction will be provided by the obligation of the notary to read aloud the contract of donation, exchange or purchase and sale, says Konstantin Barsukov, general director of the Relight-Nedvizhimost agency. “The notary certifies that the signature under the contract was put by the person who should put it, and that the participants in the transaction are sober and understand the meaning of their actions,” Barsukov explained.

Nevertheless, many realtors, as well as buyers and sellers of real estate, were dissatisfied with the innovations. “Sellers are neutral, because they do not bear the costs of these actions. Buyers are outraged, but suffer because they have no choice, - said Irina Andreichenko from Inkom-Nedvizhimost. - There is an opinion that the new law is anti-real estate, that sellers and buyers of residential premises will stop contacting realtors, because "everything will be checked and done by a notary." However, a notary is not entitled to engage in entrepreneurial and other paid activities. Realtors will continue to select residential premises, look for buyers, arrange transactions and transfer property.”

“This is not an anti-real estate law. He, in my opinion, is anti-civilian,” Konstantin Barsukov retorted. - All participants in the real estate market are well aware that realtors are the only ones who really check the legal purity of the apartment. Who else from the market participants can do it? Notary? He receives documents on the apartment on the eve of the transaction and physically cannot verify the information on previous transactions. Yes, he doesn't need it. The notary guarantees that the current transaction is made without violating the law and by those persons who are included in the contract. And it is precisely according to the legality of this particular transaction that the notary is responsible with his property. What happened before this transaction, on what basis the right arose from the seller, is not of interest to the notary and is not included in his area of ​​​​responsibility.

The main argument of the supporters of the innovation is the hypothetical elimination of litigation about apartments that could be sold illegally, follows from the comments of the notary community. “The task is to achieve the reliability of the data of state registers, when an entry in the USRR is guaranteed by the responsibility of a notary. It is worth noting that the costs of citizens for litigation are many times higher than the costs of notarization of the transaction, which guarantees citizens the protection of their rights, ”said Sagin. “There are skeptical opinions that new order is aimed at increasing the timing of transactions and supporting the notary community,” Natalya Shatalina from Miel-Novostroyki answered the notaries. “At the same time, the new rules do not exclude the possibility of challenging transactions for the alienation of shares.”

According to procedural legislation, the circumstances confirmed by a notary when performing a notarial act do not require proof, Irina Andreychenko, legal adviser of Inkom-Nedvizhimost, explained the legal side of the issue. “Such a legislative presumption makes one wonder: are all notaries so uncompromising and law-abiding? Given the sad practice of the nineties, not always and not all, - said Andreichenko. — The longer a notary works, the more fearless he becomes. Many remember how many notaries were convicted of abuse of power; notaries were attacked, their seals were stolen, their archives were on fire... And the lost property was not returned to citizens. In practice, the liability of notaries is limited only to the amount insurance compensation. It is no secret that notaries themselves rarely own property.” “We can congratulate the notary lobby,” concluded Barsukov.

How to sell apartments and shares

Thanks to modern legislation, anyone who wants to sell their share of an apartment or house is obliged to notify the other owners of the property about all the conditions of the future transaction. Within a month, existing owners may demand the pre-emptive right to purchase: in this case, the property will have to be sold to them, and not to an outsider, the realtors explained. “The notice must be sent in writing,” Shatalina said. - It should be borne in mind that a share sale transaction can take place no earlier than a month after an official notice was sent to the other owners of the apartment. True, if the participants in shared ownership write a written refusal to purchase this share, then it is possible to complete the transaction in a shorter period.

As a result, the probability of buying out a share by fraudsters at a low price is reduced - it is unprofitable for attackers to buy a share at market value, explained the general director of the Bon Ton real estate agency Natalia Kuznetsova. “But the seller may intend to sell his share to a certain person with whom he is not related, such as close friends. And he will be forced to initially offer his share to the neighbors, ”Kuznetsova noted.

The process of registering the transaction will take longer, realtors stated. “Earlier, we could make a deal in one day: make a cash or non-cash settlement between the seller and the buyer and immediately sign a sales contract drawn up in a simple written form, it took an average of one hour,” Oksana Ivanova from NDV- Real Estate". “Now, after the mutual settlements have been completed, it is necessary to come to the notary, draw up a contract of sale, sign it and take it for registration.” "Now in alternative deals Moscow - Moscow region (there are not so few of them) will have to go to different notaries. That is, the legislators not only increased the cost of real estate alienation, but also complicated the process,” said the director of the Relight-Nedvizhimost agency.

A significant part of transactions, including mortgages, is concluded in banks, which independently draw up a sale and purchase agreement for the owners, Moscow realtors pointed out to RBC Real Estate. Because of this, the participants in the transaction have to leave the bank to the notary for certification, and then return to receive the money. “Given that notaries are always within walking distance of bank offices, there is no need for a notary to be present in a bank office,” said Ekaterina Leksakova, a Moscow notary and a member of the Commission on Ethics, Professional Honor and Image of the Federal Notary Chamber.

What is the price

Before the entry into force of the law, the independent execution of the transaction cost Muscovites 5 thousand rubles, calculated in the company "Miel-Network of Real Estate Offices". “The state duty for registering the transfer of rights to real estate is 2 thousand rubles, another 1.5 thousand to 3 thousand rubles. the draft sale and purchase agreement was worth it,” Marina Tolstik explained. - If the participants in the transaction decided to use the services of intermediaries (registrars), who took over the entire process, then the costs increased to 11-15 thousand rubles. Now the registration of an apartment will cost from 20 thousand rubles; in each case, the amount is calculated individually. Additionally, the notary will take from 5 to 15 thousand rubles. behind technical work". “It is clear that with the price of an apartment in Moscow 15-20 million rubles. these 15-20 thousand rubles. - an insignificant fraction does not make any difference, but for the regions the figure is significant, ”said Alexander Chernokulsky, president of the Novosibirsk Association of Realtors.

The cheaper the apartment is, the cheaper the cost of certification will be, notaries and realtors pointed out. "According to tax code, the tariff will be 0.5% of the transaction value, but not more than 20 thousand rubles. That is, when selling real estate at a price of 1 million rubles. the tariff will be 5 thousand rubles. If we look at the average indicators by region and take into account that we are talking about shares in real estate, then we can talk about a certain conditional value of the share value of 500 thousand rubles. or less. Thus, the tariff will be 2.5 thousand rubles. or less, ”said Alexander Sagin to RBC Real Estate.

Who exactly will pay the notary is still unclear. “According to the tacit custom, the costs of paperwork are always borne by the buyer,” says Marina Tolstik. “The cost part falls on the seller,” Oksana Ivanova from NDV Real Estate disputed the arguments of her colleague. - Previously, such a load did not arise. Sellers complain about these nuances, although the failure of transactions due to such a situation did not occur. We've always managed to find a compromise." “I think that if you are given a choice between an apartment with and without such expenses, then there will be bargaining,” says Konstantin Barsukov from Relight Real Estate. - If there are more sellers on the market than buyers, then, most likely, the costs will fall on the seller. Otherwise, it's on the buyer. This has nothing to do with real estate services, so realtors are unlikely to take similar expenses to myself".

What will happen to realtors

The increase in the cost of housing transactions due to mandatory certification by a notary could be offset by a reduction in other costs. The obvious expense of the buyer is the payment for the services of a realtor. In the face of a struggle for a client, real estate agencies could lower the commission to keep those who do not want to spend extra money on a notary. However, the question of whether the introduction would lead mandatory payment for notarization of transactions to the fact that realtors will reduce their commission, all the agencies polled by RBC-Nedvizhimost unanimously answered “no”. “We can talk not about reducing, but about increasing the commission,” says Oksana Vrazhnova, chairman of the board of the Miel group of companies. — Selling a share is a very complicated and time-consuming process: it takes a lot of time, and the commission for selling a share is significantly lower than for a deal with an entire apartment. Therefore, realtors are trying to convince clients of the profitability of the transaction with all participants in shared ownership, and not with one of them. I believe that other market participants will adhere to the same position.”

Miel's conclusions were confirmed by the Inkom-Nedvizhimost agency. “There is no question of any reduction in the real estate commission in our company. I am convinced that the position of the entire professional community will be the same,” said Mikhail Kulikov, director of the secondary market department. ensuring the security of real estate transactions. This is a high-tech process, which includes, among other things, compulsory work"in field". A notary cannot replace a professional real estate specialist. To what extent does the notary guarantee the buyer the preservation property rights is an open question. In our opinion, the legislators added a headache to the buyers and significantly increased their transaction costs. The notaries are obviously grateful; realtors shrug their shoulders in bewilderment, and buyers are forced to pay new, essentially imposed bills. “If we draw analogies, then such actions committed commercial company would be considered a forced service. But our legislators, apparently, think differently,” Barsukov supported his colleagues.

There are several cases in legal practice when it is necessary to certify a contract in a notarial form. Without an appropriate signature and seal, the act of sale simply will not be accepted by the registration authority.

Sellers and buyers apply to the notary's office, where the notary independently puts his signature and certifies the contract. Consider the situations that necessarily provide for this procedure.

The buyer is interested in the services of a notary in the following situations:

You will find all the information about notarization of the contract of sale, including a list of documents and terms, and you can find out the tariffs and prices for certification of the contract.

The difference between buying resale and new buildings

Today, future property owners prefer to buy an apartment in a new building. And there is a reason for this. Nobody lived in this property, which means there are no legal difficulties. in matters of property.

If we are talking about acquiring a secondary property, then it is necessary to obtain the consent of all owners of shares for the sale, and also to ensure that all tenants, including small children, are discharged.

When buying an apartment in a new building, a notary may be needed in a situation where there is a need to conclude a deal directly with legal entity, that is, the developer company. In this situation, the services of a notary will be needed if the charter of the organization requires it.

Why do you need to notarize?

Buyer

The rights and obligations of a notary are prescribed by Federal Law No. 4462-1. This regulatory legal act provides us with a list of duties of a notary that he is authorized to perform in relation to the applicants. If we are talking about the execution and certification of the contract of sale, then you should pay attention to the following nuances:

A notary may individually provide other services related to the execution, execution and certification of a sale and purchase transaction.

We talked about why you need a notary when buying an apartment.

Seller

The seller will need the help of a notary in the following cases:

• If the transaction involves an apartment that is jointly acquired by divorced spouses. In this case, the notary checks for a division agreement common property, or takes it from spouses.
• If a transaction is carried out that is related to the sale of real estate, which is in trust.
• If the owner is a child or a person with limited legal capacity. If the property has several owners, they all need the help of a notary.

Thus, the law establishes that the presence of a notary is necessary in the most problematic areas of legal relations of purchase and sale.

A notary may be required by the seller if the transfer of funds is carried out with him. The seller is interested in the fact that the fact of transferring and counting money takes place under strict control, so that in case of a shortage, he can explain himself to the buyer.

You can find out who pays for notary services, the seller or the buyer.

Additional Benefits

In addition to the above actions a notary can offer a seller a lot of unique and effective services, which are based on the use of electronic technologies, including.

But even if your transaction does not contain the above grounds, you are not deprived of the opportunity to contact a notary. This a specialist will help you understand the intricacies of the transaction, tell you about the main nuances, It will also help you make sure that your rights have not been violated. Contact this specialist and you will be able to sleep peacefully, being sure that you, as a seller or buyer of real estate, will not incur any losses.