In order to register property, you have to go through a complex legal process. The buyer needs to know how to check the apartment for encumbrance before starting the transaction procedure. Movable and immovable property is often taken by the banks as collateral before the issuance of a large loan, it is removed after payment of the debt. Even if the house is inherited, it is necessary to make sure that, along with the home ownership, the obligation to pay its debts did not pass from the testator. In any case, information about the object will be needed.
What obstacles can make a purchase difficult?
When a potential buyer decides to check the apartment for an encumbrance, he must be prepared that the building has a clean history or that a certain type of burden is imposed on it, applicable in the legislation and fixed by the USRN. Such data are contained in the legal structures, they are provided in the judicial authorities. If there is any reason for the termination of free financial transactions with housing, the legal fact is recorded by the Cadastral Chamber, and a separate position will be visible from the USRN statement.
Different life situations were divided by type:
- a financial credit institution pledged an apartment;
- concluded rental housing;
- seized;
- the official owner of the property leased;
- third parties registered.
In order to exclude any restrictions in actions with property rights, get acquainted with the conditions: how to check the apartment for encumbrance.
What is the validation for?
The transfer of ownership of real estate from one person to another, regardless of the form of the transaction, occurs under the contract. The agreement becomes the basis for reissuance, the conditions for actions in the event of conclusion are prescribed there:
It happens that the owner hides the actual cleanliness of the property. He has his own reasons for this, so you need to check the apartment for a burden in any case, even if the object passes into the possession of a loved one.
Definition and its concept
Legal facts based on events in a person’s life guide many of his actions. Under the burden should be understood the formation of circumstances that have become an obstacle to the full disposal of real estate. The justification for restrictions is the partial existence of rights to own an apartment. When such housing is sold, all hardships automatically pass along with the property to the new owner.
For this reason, many are interested in how to check the apartment for an encumbrance, but there is one more reason. Clean residential facilities are much more expensive, perhaps the buyer will consciously take on future hardships by agreeing with the seller about a significant discount.
Detailed description of each circumstance
Under whatever restriction housing may be, its sale is possible only after prior notice to the potential buyer:
- purchase made in a mortgage;
- apartment for rent;
- under rent;
- seized;
- trust property.
To check the apartment for burdens, you need to know what each of them means.
Rental Legislation
By issuing a mortgage, the lender protects the repayment of a large loan issued by him by a partial transfer of property rights. This is one of the conditions for a long-term loan. The borrower is obliged to fully repay the debt, and only after that the security deposit is removed. The owner can dispose of the apartment, coordinating the financial transaction with the bank.
In the Civil Code of the Russian Federation, Article 617, paragraph 1. explained: a legal fact, such as the transfer of property rights leased by another owner, does not serve as a basis for terminating, changing the previous arrangement, which means: the apartment is temporarily provided to the citizen, he pays for living on the living space for a certain period. The tenant has no more rights to real estate, except for the conditions agreed upon in the contract. For good reason, the new owner can evict the tenant by court.
Rent Features
When examining the question of how to check an apartment for an encumbrance, you need to study the type of special restriction - rent. In this case, the property may be transferred to a person or organization. Provided that they have concluded one of the agreements:
- Permanent - in the form of the provision of cash, clothing assistance or the provision of services, performance of work.
- Lifetime - the right to property is transferred to the citizen specified in the agreement, who pays for the expenses of the annuity recipient throughout his life, after his death, payment obligations cease.
- Dependent - draw up life support, and the maintenance of the dependent, for which the apartment becomes the property.
It is not prohibited to sell such housing if the buyer agrees to purchase it with obligations. In legal practice, facts have been recorded that citizens were not interested in how to check an apartment for a burden upon purchase, and purchased it together with grandfather or grandmother.
Sales ban
Only a court can seize a building. In this case, the owner loses the right to dispose of the premises.
This is due to:
- delays in mortgage payments;
- large debts for electricity, gas;
- litigation during the divorce and division of the building.
Seized real estate can be sold when the debt is paid off or all the conditions put forward by the court are fulfilled. To do this, you need to check: the burden was removed from the apartment or not in the competent authority, presenting documentary evidence.
Under trust management of real estate, transactions are also terminated, except for operations:
- payment of taxes;
- settlements with housing and communal services;
- renting out.
The manager cannot sell or give property on his behalf. During the absence of the owner, the object is allowed to be managed in confidence, as detailed in the agreement. When the contract expires or the owner terminates it, then the actual owner will be able to dispose of the property at his discretion.
How to order a document for verification?
They receive data on the presence of restrictions personally when visiting the MFC, they learn the information remotely if there is an Internet connection to any technical device. Effectively and quickly, you can check the apartment in Rosreestr for encumbrance by requesting documents. Public cadastral information has been open since 2011, so citizens no longer need to make a request for territorial offices. Data is transmitted to users after filling out a specific form.
For convenience, the services are divided for persons:
- physical;
- legal;
- specialists.
The address of the official website rosreestr.ru is entered into the search engine, and it will reflect the portal of the department. Then they choose their belonging to a certain category to start working with a specific option. Access to information is obtained in the appropriate windows, panels, which should be clicked to go to the desired section with a list of services.
What information does the extract contain?
How to check if there is a burden on the apartment? This can be done from the documents provided by Rosreestr.
The user will have to select the necessary statement:
- The USRN will transfer the characteristics of the apartment by the size of the premises, name, purpose, address, cadastral value. It will indicate the owner by name, indicate shared ownership, reflect the registration of ownership. It will describe restrictions, encumbrances, including arrests, pledges, mortgages, loans. The information reflects the validity since 1998, unless, of course, the rights are registered.
- The cadastral value may contain data at any date past or current. Federal Law No. 218 replaced such documents with cadastral certificates.
- Extended coordinate information, in the help of the object points of location are indicated.
- Quarterly territory on the cadastral plan and the exact coordinates of the site. Designate objects in the quarter by numbers, categories, destinations, addresses and areas.
After getting acquainted with the content of the documentation, you need to decide on the method of obtaining information.
Suppose you get a notification, and even check whether the encumbrance was removed from the apartment in Rosreestr or not, you can electronically or on paper. Services are paid, their cost is regulated by the standards of a particular region. In Moscow and the Moscow region, an order for courier delivery costs up to 1.9 thousand rubles. Postal transfer is 740 rubles. Electronic shipping costs from 250 to 590 rubles.
No restrictions
Each limit for certain actions has its own characteristics, they are supported by documentary evidence of reliability. How to check whether the apartment was removed from encumbrance - contact the Rosreestr to obtain an extract for a specific object.
A similar application may be required by both the buyer and seller. The property owner must receive a supporting certificate from the company that has established the restriction.
The credit institution will issue a document if the mortgage is closed. State bodies in the person of housing and communal services will issue an extract after payment of debts. Papers are transferred after studying the appeal and solving the problem of encumbrance. Do not forget about the services of multifunctional centers. The MFC, having attached to the application a receipt on payment of the state duty, will give interested parties data on the existing burdens and lifted restrictions.
How to check if the burden is removed from the apartment
Complete information on restrictions on disposal of property was previously provided to the Unified State Register of Enterprises, now it has been renamed into Unified State Register of Enterprises - the unified state register of real estate and transactions thereon. The validity period of the statement is 30 days. But the data will be reliable in the first days, many events can occur in a month and it is better to update the information. In addition to debts to banks and utilities, there are a number of criteria characterizing the cleanliness of a residential building.
Before a deal you need to know who it is being made with. If the owner is registered in a neuropsychiatric dispensary, his relatives and guardians may declare it invalid because of the incapacity of the subject.
Participants can confirm their healthy consciousness by having a driver’s license; they won’t issue it without a medical certificate. Such documents are created long before the sale of the apartment, so the signing of the contract in a notary's office will help determine the sanity of the seller according to the visual definition of a specialist. Participants have to decide: to insist or not to submit IPA certificates.
What to look for
A potential real estate applicant will save himself from many problems if he checks in advance that minors are not registered in his household. A transaction at any time is recognized by the court as null and void if it detects a violation of the rights of minors.
A study of records from the home book will show the presence of persons in it who are entitled to part of the apartment. There are nuances with inheritance of property. Even if the owner has entered into the rights without violating the legislative norms, he should be required to receive a receipt and assure it to a notary public that he is obliged to bear the costs of discovering other heirs.
Legal advice
If the participants decided to reduce the payment of taxes, and the contract indicates the amount less than what the apartment actually costs, you need to have a receipt on the money transferred in fact.
It remains to be seen when the property was purchased. So that it doesn’t turn out that the seller decided to sell the apartment secretly from his ex-wife. It should be noted that jointly acquired property is subject to division. At any time within three years after the transaction, the party with respect to which the rights have been violated may demand to recover part of the cost through the court or consider the sale invalid.
In this case, the countdown does not start from the date of signing the contract of sale, but from the moment when the former find out that an illegal order has been made in relation to common property. If the marriage is officially registered, financial transactions cannot be carried out without the consent of a husband or wife.
Only the seller’s unconditional consent to submit any supporting documentation will avoid future problems with real estate, will not give rise to doubts about an expensive transaction.