Today we will be interested in the documents for the purchase of an apartment. In addition, we will study the procedure for acquiring real estate in general. How does she look? What pitfalls can you meet? And how not to run into scammers? To answer all this and not only for us to come. In fact, the seller of the apartment / house should think about preparing the documentation. And the buyer will need a minimum of securities. The exact list of components depends on the specific situation. Below we consider all the nuances associated with the sale of housing. With the right approach, the implementation of ideas into reality will not cause any particular trouble.
What can i buy
What documents are needed to buy an apartment? First, find out what exactly can be sold. The list of relevant components depends on this.
In general, the owner can sell any of his property. For example, a house or apartment. But rooms and shares in the property are also allowed to be sold. This is a fairly common occurrence.
Today you may encounter such transactions:
- sale of all property from 1 owner;
- sale of the whole property with several owners;
- disposal of jointly acquired housing;
- the sale of real estate that is partially or fully owned by children;
- sale of a share of property (with one or more owners).
All these situations will be discussed. After all, if you do not study the list of documents when buying an apartment, a deal will not work. It will be canceled or invalidated.
From buyer
What documents are needed to buy an apartment? Let's start with the papers requested from potential buyers. There are not many of them.
Usually only a passport is required from the client. It indicates the registration and all necessary data.
If the property is bought by a foreigner, he will have to additionally attach a certificate of citizenship, residence permit or residence permit / RVP. This is the most common scenario.
When participating in the operation of minors, a birth certificate of a baby or a certificate of adoption will be required . It is advisable to attach the original with a copy. There is no need to certify anything.
When concluding a transaction in a marriage, a marriage certificate may be required from the buyer. If available, the marriage contract.
In some cases, among the documents needed to purchase an apartment, there are certificates of the absence of unsecured loans, as well as the history of loans. But this is an extremely rare scenario.
Main package
Documents for buying an apartment are required different. And therefore, further we will consider the possible certificates requested from the seller. They are to be checked by the buyer, as well as by a notary public at the conclusion of the transaction.
Mandatory package of documents when buying an apartment includes:
- contract of sale;
- certificate of ownership of the property;
- title papers for the apartment;
- identity card of the owner-seller;
- cadastral passport;
- technical certificate.
You can’t do without all this. In reality, everything is not so difficult. And the listed components should ideally be for every citizen who owns a home.
Attention: in 2017, the law "On Registration in Rosreestr" began to apply in Russia. He slightly adjusted the mandatory certificates for the sale of any real estate.
Additional information on the apartment
But that is not all. In addition to the listed papers, the homeowner is usually asked for various documentation for the apartment. With its help, a full check of the property is carried out. After all, no one wants to buy a house in which someone is registered. Or an apartment with debts. These are not the best options.
Accordingly, the list of documents for the purchase of an apartment includes the following:
- a certificate of family composition;
- extracts from the house book and BTI;
- a document on the absence of debts for the "communal";
- certificates of legal redevelopment of the apartment (if there was one).
Perhaps this is enough for a regular transaction. But often you have to consider selling property in a marriage or with several owners. According to the law, it is possible to get rid of property even under such circumstances, but you will have to try hard.
Married
What documents when buying an apartment will the seller have to attach to the relevant agreement? The list of components is quite extensive. It can not be called unambiguous. After all, a package of papers directly depends on the specific situation.
Previously, we considered mandatory documents for the sale of an apartment. The corresponding components usually bring, if there is a sale of the whole property with one owner.
But what if the common property acquired in marriage is sold? Or is the deal generally carried out after the wedding of the owner-citizen?
Under such circumstances, you will need to prepare:
- spouse's consent to the transaction (must be certified by a notary);
- husband / wife identification card (required for consent);
- marriage / divorce certificate;
- marriage agreement (if any).
This paper ends. Ideally, the spouse is also required to be present during the operation. Then for sure no problems will arise.
Important: consent of the spouse to a transaction with property is not required if the seller disposes of personal property. Then you have to worry about the proof of what the property was at the time of sale. Here the marriage agreement or title papers will help.
With multiple owners
The documents submitted when buying an apartment to a notary are varied. Sometimes you have to sell housing with several owners. Or a person decides to realize his share in real estate.
For the competent conclusion of the relevant contract, you will need:
- the consent of all owners to conduct the transaction;
- passports / birth certificates of all apartment owners.
This is what is required when selling an entire property. If you want one person to do business, the co-owners of the apartment will have to go to a notary public and issue a power of attorney in the established form.
Important: the money received for the transaction will still be distributed among all owners in proportion to their shares in the property. A power of attorney can only eliminate the need for personal presence at the time of the transaction.
Share sale
The list of documents for the purchase of an apartment (or rather, for the relevant transaction) is not yet complete. We examined fairly common situations, but not all.
What if a citizen wants to sell a share in housing? If the apartment has one owner, you just need to prepare documents and indicate in the contract a part of the property transferred to the buyer. But most often people want to realize the share of housing, provided that the apartment has several owners.
By law, this alignment is possible. The main thing is to conduct it correctly. Namely, first offer a share buyback to the co-owners. They have the right of preemptive purchase in Russia.
This means that certificates for the sale of property will be supplemented by:
- notification of the offer of redemption of a share;
- consent of the co-owner to the procedure;
- refusal of the operation.
As you might guess, a sale requires either consent to a buyback or refusal to act.
If no answer
Sometimes citizens, knowing about the right of preemptive repurchase, try to delay the deal. They simply do not want the co-owner to sell his share. And so the other owners of the apartment are simply silent. They do not give any answer to the offer of ransom.
Can I sell my share of the property in this case? Yes, if everything is done correctly.
It is required to initially send registered letters of receipt to the co-owners. As soon as there is confirmation on the hands that people have been notified of their intentions, it remains to wait a bit. Namely - a month.
After that, the notice of receipt of the buyback offer is simply attached to the corresponding package of securities for the sale of real estate. That's all. You can conduct a transaction with third parties.
Important: in this case, the amount under the contract cannot ultimately be less than what was offered to the co-owners. Otherwise, the transaction will be recognized as invalid. The value of the property upon sale of the share is equal to that indicated in the offer of redemption sent to the co-owners.
Child participation
The most difficult situation is a transaction with property that is partially or fully owned by children. Parents will have to try pretty hard to implement the task.
The thing is that such operations cannot be carried out without the permission of the guardianship authorities. This is only possible under certain circumstances. Therefore, legal representatives will have to first contact the local PLO authority for permission.
Documents required to purchase an apartment with the participation of minor owners will be supplemented:
- birth certificates;
- passports of children (after 14 years);
- the child’s consent to the sale (for persons over 14);
- permission of guardianship authorities;
- certificates of adoption (if any).
It would seem that there are no problems. But actually getting permission from the OOP is not so simple. For example, before or immediately after the sale of a home, parents must transfer to their children a similar or larger property / share in the property. This moment is a lot of trouble.
Important: permission of guardianship is not required if citizens sell property in connection with moving to another region or to treat a child. All this will have to be documented.
Burdened
Next, consider the list of documents for buying an apartment in a mortgage. More precisely, a deal with property that has an encumbrance in the form of a loan.
Similar situations are rare. But to sell mortgage housing (and buy it), you will need:
- permission from the bank;
- certificates of interest and the main loan;
- debt repayment schedule;
This is what is required of the seller.
The buyer needs to prepare:
- help with credit history;
- income statements.
That's all. Of course, these papers are attached to the previously listed references. Ideally, there should be no difficulties.
Important: problems with buying an apartment arise if the family has an unofficial or too low income. Therefore, some refuse such operations.
We buy in a mortgage
The documents for buying an apartment, as we have already found out, are diverse. What if a citizen wants to purchase housing on a mortgage? This is a "primary".
A similar situation requires all the securities listed above. But at the same time you have to apply for a mortgage to the bank. For more information, contact your specific financial institution.
Title papers
What documents are needed to buy an apartment? We have already reviewed their list.
Some people have a question about what constitute title papers. Among them are the following:
- purchase agreement;
- exchange agreement;
- gifts;
- will;
- certificates of inheritance;
- mortgage agreement;
- privatization documentation;
- court decisions.
These are the most common statements. They indicate the reason for acquiring property rights.
After deal
A few words about what you need to take / issue after the operation. As soon as the contract of the established form is signed, the buyer will have to transfer the money to the seller in the agreed sizes. And the former owner - to give the keys to the apartment.
After the conclusion of the contract, the seller issues to the new owner:
- documents for the apartment;
- Act of Handover;
- receipt of money;
- copy of the purchase agreement.
All this is useful for registration of property rights in Rosreestr. There you can get the bulk of the securities on the property.
Changes 2017
As already mentioned, in 2017, property owners faced some changes. Now separate property certificates are not issued. Namely:
- registration certificate;
- certificates of rights;
- cadastral passports;
- building plans / premises.
They are replaced by an extract from the USRN. Therefore, paperwork will be significantly reduced.
For deduction
Some are interested in documents for tax when buying an apartment. Citizens can receive a property deduction.
To do this, bring:
- income statements;
- application for deduction;
- contract of sale / mortgage;
- USRN statement;
- receipt on receipt of money by the seller;
- tax return;
- passports and birth certificates of all owners.
Important: property deduction is granted only to officially working citizens of the Russian Federation. They can return 13% of the costs, but not more than 260,000 rubles (or 390,000 rubles for a mortgage).
Where to get documents
And where to get the documents submitted when buying an apartment by citizens to a notary? Here are tips to help you quickly prepare the appropriate papers:
- Purchase agreement. It is drawn up by a notary public or in person. The document spells out all the features of the transaction and the characteristics of the property.
- Consent of the owner / spouse. Drawn up at a notary public.
- Documents for an apartment - issued in various organizations. For example, in the IFC, the State Register or in the cadastral chambers.
- The permission of the guardianship authorities is issued only in the local PLO service. How to receive it, it is required to specify in the corresponding organization.
- Certificate of no debts. This document is issued by management companies, BTI or MFC.
- Inquiries with credit history can be ordered at the bank.