Renewal of the apartment - step by step instructions

Today it is necessary to understand how the apartment is re-registered as a citizen. Actually, understanding the process is not as easy as it seems. After all, the owner can change for various reasons. Depending on the situation, the algorithm of actions will change. This fact must be taken into account. But how to act in one case or another? What to look for first? How are apartments renewed for new owners? All this will be described later.

When owners change

Renewing an apartment is a process that sooner or later almost every citizen gets to know. Bringing it to life is not so difficult if you know how to act. In what cases can the owner of a property change?

To date, the following scenarios are identified:

1. Privatization. The process of re-registration of state ownership of a citizen. During it, a person becomes the rightful owner of real estate, and the municipality loses property rights.
2. The design of the gift. This operation is carried out during the life of the landlord. You can give the whole apartment (renew it) or its share.
3. Entry into the inheritance. Such re-registration of the apartment after the death of the owner takes place. The process most unpleasant for heirs. Especially if the owner did not leave a will during his lifetime.
4. Buying / Selling. Sales transactions are the most common. You can sell your property. The buyer after the transaction becomes the full owner of the property. And then re-registration of the apartment as a new citizen will be required.
5. Rent. An annuity contract is often concluded with elderly single people. But at the same time, direct re-registration will occur after the death of the owner of the apartment.

Accordingly, depending on the situation, the algorithm of actions of citizens will change. What to do in this or that case? How is the apartment re-registered for another owner?

Where to go

An important point is the determination of which body will need to go to complete the transaction. It all depends on the situation. Citizens for renewal of an apartment can apply:

• at the MFC;
• to the cadastral chamber;
• to Rosreestr;
• to the city administration;
• in intermediary organizations (they charge an additional fee for services);
• to a notary public.

Most often, when buying and selling, citizens turn to real estate offices. But after signing the corresponding agreement, you still have to go to the registration chamber or the Federal Registration Service. In extreme cases - at the MFC. It is in these bodies that a citizen will be issued a certificate of ownership of real estate.

About privatization

To begin with, you should consider the situation in which re-registration of an apartment occurs during privatization. Only citizens registered in a given territory can participate in the process. You will need to apply with a package of documents to the administration of the settlement or to the MFC.

All renewal of ownership of an apartment can be divided into several stages:

1. The manifestation of the initiative. Someone from the family offers to privatize real estate. Residents either give their consent to the process, or in writing refuse to participate.
2. Appeal to the BTI. Engineers will check the apartment and indicate the redevelopment and all non-residential facilities that are located on the territory.
3. Collection of documents. The most difficult thing you can imagine. It will take a lot of papers, so the process of preparing for privatization is recommended to start with the preparation of documents.
4. Appeal to the administration with a request for privatization. The package of papers collected earlier is attached to it.
5. Verification of documents by the administration.
6. Signing a privatization agreement. The presence of all potential property owners is required.
7. Making an apartment in Rosreestr. This is where the process ends. Property owners and a new cadastral passport are issued to owners .

Nothing more is needed. What documents are required for re-registration of an apartment in this case? Their list is not that big.

Documents for privatization

Among the securities required for privatization, there are:

• ID cards of all potential owners;
• birth certificates of children;
• cadastral passport;
• technical passport of real estate;
• extract from the personal account of the apartment;
• document proving the use of real estate (for example, a social contract of employment);
• refusals / consent to privatization;
• extracts from BTI and the house book;
• divorce / marriage certificate (if any).

All papers are submitted with a statement of the established sample. It is advisable to attach their originals and copies.

Self sale

Next, we will consider the re-registration of ownership of an apartment through the independent sale of property. This is not as difficult as it seems. The main thing is to act correctly.

The procedure for registering a real estate purchase and sale transaction can be divided into several stages:

1. Preparation of certain documents for the apartment. The process is carried out by the seller. In parallel with this, you can search for buyers.
2. Drawing up a contract of sale.
3. Signing a contract with a buyer. The new owner pays for the transaction, after which you can go to the MFC and register the contract.
4. Applying with a package of securities to Rosreestr to obtain a certificate of ownership of real estate.

Nothing special. The main problem with the sale of real estate is the preparation of a legally competent contract. Now a sample of paper can be easily found on the World Wide Web.

Documents for renewal by sale

What documents for re-registration of an apartment due to the sale are necessary? In general, the list is not much different from the package of securities requested during privatization. Required to prepare:

• passport of the owner-seller;
• Buyer ID
• technical and cadastral passports for real estate;
• certificates of absence of debts on accounts in the apartment;
• extract from the Unified State Register;
• documents indicating ownership of real estate;
• Marriage certificate;
• permission of the spouse for the transaction (if we are talking about jointly acquired property);
• receipt of payment of state duty for registration of the transaction (1,400 rubles, if you contact the MFC);
• extract from the house book indicating all those registered in the apartment;
• the consent of other property owners for sale (if the seller is not the sole owner).

But the buyer will have to bring not only the listed securities to Rosreestr. Additionally, you will have to attach another contract of sale of housing, as well as a receipt on the receipt of money by the former owner of the apartment.

Sale through a notary

And how is the re-registration of ownership of an apartment through a notary through a sale? In this case, the contract of sale is drawn up at a notary's office. The parties should bring:

• real estate documents;
• cadastral passport;
• extract from the house book;
• passports of the parties.

State duty and notary services are additionally paid. The employee draws up a competent contract, it is signed by the parties and registered on the spot. After receiving a receipt from the seller about the receipt of money, you can go to the registration chamber with the documents listed above and get a certificate of ownership of real estate.

Inheritance and renewal

Re-registration of the apartment after the death of the owner, as a rule, occurs through the entry into the inheritance. How is this process going? Such a procedure takes a lot of time.

The design of an apartment by inheritance is divided into several stages:

1. Consent to inheritance. The heirs within six months must contact the notary and write a consent or refusal to receive property. If a citizen does not do this, then after 6 months from the moment of opening the inheritance / will, the person loses the right to re-register the property.
2. Collection of documents required for the process of inheritance. About them a little later.
3. Execution of a transaction at a notary public.
4. Contact the Rosreestr to obtain a certificate of ownership of the apartment.

There is nothing extremely difficult in this. The main thing is that the re-registration of the apartment after the death of the owner is carried out in accordance with the established rules. All necessary papers for this should be collected by the immediate relatives of the deceased.

Documents on inheritance

What documents may be required to reissue an apartment during inheritance? Citizens bring to a notary public:

• testament (usually it is already available at the notary public);
• death certificate of a citizen;
• written consent to inheritance;
• cadastral passport of real estate;
• extract from the Unified State Register (not always, but better to bring);
• heir's passport;
• documents of kinship with the deceased (if any);
• papers indicating ownership rights of the deceased in real estate.

As a rule, all the listed securities are required to be brought to the Rostreestr, but in addition to them:

• application for amendments to the cadastral passport;
• a notary's statement, which indicates the fact of the transfer of property by inheritance.

After applying to the registration chamber, a citizen will be issued a special receipt. It indicates the time of receipt of the certificate of ownership of real estate.

One small nuance worth paying attention to is taxes. If the re-registration of the apartment due to the death of the testator occurs between distant relatives, you will have to pay 13% of the value of the property in the form of a tax. Otherwise, the process will not be considered completed. Close relatives (parents, children, spouses) are exempt from taxes.

Gift

Now it’s clear how re-registration of an apartment takes place after death. There is no other way. The only exception is the annuity contract, as well as gift certificates. As a rule, a deed of gift is most often found in practice. It allows even during the life of the landlord to transfer the ownership of the whole apartment or part of it to another person.

If the gift is made up of close relatives, you do not need to pay tax. Otherwise, the donee must pay 13% of the cadastral value of the property to the tax authorities.

As a rule, the process of obtaining a gift is as follows:

1. The owner turns to the notary with real estate and donation documents.
2. The notary either checks the literacy of the gift contract, or independently forms it according to the established rules.
3. The landlord and the donee sign the agreement.
4. The notary registers the transaction, and the new owner draws up property documents in the registration chamber.

It is interesting that a gift can be withdrawn within 12 months in the presence of certain circumstances. Usually a procedure is possible if:

• the donee killed the former owner (then the heirs are engaged in the cancellation of the gift);
• the recipient of the property has committed a crime directed against the donor or his relatives;
• there is a threat of damage and loss of the apartment, which is of intangible value to the former owner;
• the property is a public value, and the recipient may destroy it or damage it.

In practice, such situations are rare. Therefore, a gift is the most reliable renewal. Nobody obliges the owner of the apartment to donate all the property. He has the right to give only a share. This nuance must be prescribed in the gift agreement.

Documents for registration of a gift

What documents for re-registration of an apartment will come in handy in the case of a donation? In this situation, the notary is brought:

• donor's passport;
• deed of gift;
• cadastral passport of real estate;
• certificate of ownership of the apartment;
• ID card of the donee;
• extract from the personal account for the apartment;
• documents indicating kinship between the parties (if any).

Sometimes a notary may request an extract from the BTI. After signing the contract, citizens receive a notarized notice of registration of the transaction. You can go with him for a new certificate of ownership.

Renewal of the personal account to the apartment is carried out after all the procedures described. The owner must contact the management company, which is engaged in the maintenance of the house in which the apartment is located. Bring with you:

• passport;
• a gift / purchase / sale / annuity agreement or other basis for transferring the property to a new owner;
• cadastral passport (preferably).

The new owner writes a statement of the established form, after which the management company makes the appropriate changes. A similar procedure will have to be carried out in all organizations serving the apartment. Otherwise, payments for utilities will come in a strange name. Now it’s clear what documents are needed to renew the apartment.