Nonresident real estate exchange in Russia: all the nuances of intercity apartment exchange

Moving to a new home is always quite a troublesome task, and even more so if we are talking about moving to another city .
You need to observe a lot of nuances and at the same time preserve your own nerves and resources. Let's say you want to move from your hometown, where you have living space, to another. What to do with the apartment? Sell? Isn’t it easier to exchange real estate between Russian cities? I would like to talk about this in this article, which is designed to help you in the process of intercity real estate exchange.

There is an opportunity to exchange apartments

For many, the possibility of exchanging real estate between cities will be a real discovery, although the practice of exchanging living space has existed since Soviet times.
In addition, the exchange will minimize the headache of selling real estate and buying a new one. It would be a good idea to contact a realtor here - he will help you avoid unnecessary difficulties. But the main difficulty is that the options must suit both you and the other party, and if there are a certain number of different nuances in both apartments, this process may take a little longer. But do not despair: today there is another option, in which the procedure for buying and selling real estate is carried out, and one living space will be replaced by another.

Also quite often there are transactions to exchange one apartment for another with an additional payment. This option is suitable for those who want to improve their living conditions. An example is a situation where a divorce process occurs, the spouses exchange their shared living space for several smaller apartments and move away. Then one of the spouses moves to another city, and here the opportunity opens up to exchange for improved living space, paying an additional amount.

About the opportunity

Many people have never in their lives encountered the procedure for exchanging real estate between Russian cities.

Meanwhile, even during the existence of the Soviet Union, all manipulations with housing were carried out in this way .

This procedure was carried out much faster than searching for a buyer and then choosing a new home. Today this method is not as popular as it was a few years ago, however, it is still a quick and convenient way to change real estate.

The law does not prohibit intercity exchange, although it will be difficult for a citizen himself, without the services of a realtor or real estate expert, to carry out this procedure alone.

Read on our website about how you can exchange a privatized or municipal apartment, as well as whether you can exchange an old apartment for a new building.

Exchange of real estate between individuals - everything is according to the law

Of course, there are certain laws regulating the procedure for exchanging an apartment for an apartment between cities. First of all, let's turn to the Civil Code of the Russian Federation, with its help all transactions in our state are regulated. Let us turn to Article 567 of the Civil Code of the Russian Federation. It talks about the so-called barter agreement. Briefly, the text of the article outlines the obligations of each party in the exchange process. Part two also states that the rules of purchase and sale under certain conditions.
It is with the help of this document that the process of housing exchange between people in different cities is regulated. The second source that is worth turning to is the Housing Code of the Russian Federation: it is he who covers the issues of apartment exchange in accordance with a social tenancy agreement. The necessary information can be found in articles 72 to 75.

There is also a special instruction, approved back in 1967, but still relevant today. She gives clear instructions for exchanging housing.

How does re-registration take place?

According to established practice, most buyers of residential real estate try to play it safe and make full payments to the seller only after all the people living in the apartment have been discharged and re-registered in a new place. Exchange transactions between Russian cities are no exception. Registration at a new address before signing the purchase and sale agreement is beneficial for both the buyer and the seller: the first will not worry that “unauthorized” residents will remain in the apartment, and the second that they will “deduct” more from him than necessary.

To satisfy the interests of both parties, the retention of funds “for re-registration” can be arranged in two ways. In the first case, the reserved money is placed in a safe deposit box until the seller provides a certificate from the building administration at the new place of residence, indicating registration, as well as a registered purchase and sale agreement.

In the second, all conditions for full payment (upon the fact of re-registration) are specified in detail in the purchase and sale agreement. Thus, when registering an object in Rosreestr, a lien encumbrance is established against it. As soon as the seller fulfills his obligations and registers at a new place of residence, he receives the withheld amount, for which he issues a receipt to the buyer. Having contacted Rosreestr, the new owner of the apartment removes it from the collateral, relying on the fact of completed mutual settlements.

The re-registration itself is carried out according to the algorithm established by law. The registration stamp must be affixed to the passport no later than 3 days after the new arrival applies to the passport office.

We act according to plan

To simplify the exchange procedure as much as possible, you should stick to a rough plan.

• Preparing the apartment
• Collecting the necessary documents
• Finding a suitable apartment for exchange
• Inspection of the offered apartment
• Conclusion of an agreement
• Payment of duty
• Registration of a transaction

It seems like everything is simple, right? In essence, this is the case, but any legal actions in our country are surrounded by a number of formalities and nuances. You need to be prepared for them and you need to know about them. We will get to know them now.

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First you need

First of all, start preparing the apartment for exchange.
Ideally, only the owners should be registered in it: such apartments have great attractiveness on the market and are called “clean”. Next, you can place advertisements with the offer yourself or contact a realtor.

And if the first option will be more preferable to those who have enough time and energy, then the second is for those who are limited in this and want to speed up the process.

As soon as a suitable option is found, you will need to conclude an exchange agreement . And here again there are two options: self-drafting by the owners or in the presence of a notary. The first option can be called less expensive, but the second option will help you protect yourself from various dishonest individuals.

Package of documents for apartment exchange

Apartment owners are required to provide a list of documents required during the exchange procedure. This list includes:

• Owner ID cards
• An extract from the Unified State Register is a document with which you confirm your ownership. Introduced to replace the previously issued certificate.
• If the apartment's layout or communications have been changed, an extract from the BTI will be required.
• Certificate about the composition of those living in the apartment
• Receipt confirming payment of the state duty
• Actually, a signed barter agreement

In our country, the Federal Registration Service is in charge of processing such transactions, you will go there with all the documents, they will check them, point out any shortcomings, if any, and issue a new title there.

Step-by-step exchange plan

The entire scheme for exchanging apartments is not difficult in purely technical terms, since all legally significant processes have long been standard and have been worked out by government agencies.
The general algorithm looks like this:

1. Selection and inspection of housing for exchange. The initial selection of a suitable exchange option is carried out with the help of numerous real estate Internet resources, ad platforms, etc. As soon as an option is found, contact is established with the owner, mutual initial inspections of the real estate are carried out, and preliminary agreements are established. If desired, the parties can engage an independent appraiser to evaluate the property. In this case, you should immediately specify who will pay for this service.

If the parties to the transaction managed to reach a compromise, then this decision can be secured either by a written agreement or by paying a deposit. In any case, the deposit should not exceed 10% of the appraised value of the apartment and it is also drawn up in the form of a receipt or a separate agreement certified by a notary.

1. Once there is confidence that the agreement on the exchange transaction will be respected, the process of preparing documents for the apartment begins. All certificates from the BTI, an extract from the house register are collected, receipts for housing and communal services are prepared (for the last three months, at least). A document on ownership and the owner’s passport are also being prepared. At the same time, both the owner and all his household members are being checked out of the apartment.
2. As soon as both parties to the real estate exchange process have their documents ready, they enter into a transaction. Those. The “Housing Exchange Agreement” is signed by a notary. A notary fee is paid (here, too, the issue should be discussed in advance - who will bear all these expenses). The agreement is drawn up in 3 copies - for each of the parties and one remains with the notary.
3. After the exchange agreement is signed and registered with a notary, it is submitted to the registration authorities - Rosreestr at the place of new residence of each of the owners. The registration period, if all documents are available, is no more than 21 days.
4. After the exchange agreements are registered in Rosreestr, this government agency issues a “Certificate of Registration of Property Rights” in the name of each of the new apartment owners, at their new places of residence.
5. Having received documents for the exchanged apartments, the new owners submit documents for registration or registration at the place of residence.

How much does it cost to exchange apartments? How long does it take for documents to be ready?

You will have to wait on average from two weeks to a month - such periods are explained by the specifics of the transaction, because the number of requests from the Federal Registration Service to another city will be quite large.
The Tax Code tells us that such a real estate transaction is subject to tax , which is 13 percent for citizens of our country.

For persons who are not citizens of the Russian Federation, the percentage of the transaction has been increased and amounts to 20 percent.

Is an intermediary needed?

The question of whether to involve a realtor as an intermediary in real estate exchange transactions is decided in each specific case by both parties to the transaction.

In any case, a realtor as an intermediary:

• is a professional and knows the local real estate market
• he has the opportunity to check any residential property for legal purity.
• in a sense, it is a guarantor of transaction security during settlements, preparation and signing of documents

The only drawback associated with hiring a realtor is the cost of services. It can be up to 5% of the total transaction amount, both for the sale and exchange of real estate.

The home exchange market is increasingly gaining popularity around the world. Moreover, the cost factor often comes last. People are ready to exchange their prestigious and expensive apartments for cozy houses in quiet places, and the inequality of such an exchange scares or puzzles few people.

Video about intercity apartment exchange:

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Discussion: there is 1 comment

1. Vera says:
   12/15/2020 at 21:24

   I understand that during an exchange you will have to hire a realtor, is it possible to make a long-distance related exchange and is it worth contacting a private realtor? What risks might there be in this case?

   Answer

They can refuse the deal - and why?

In some cases, the registration service may refuse to register parties. The following factors may influence this:

• One or more documents from the list are missing. Not the worst point. If missing documents are provided, processing will continue.
• Inaccurate information provided in the documents. It happens that unexpectedly there are “hidden” owners who have not even heard about the transaction, and, of course, there was no consent from them.
• In the event that the apartment is property that was acquired during marriage, the consent of one/both spouses will be required; without such consent, the transaction, of course, will not be formalized.

How to choose the right method

The choice of the scheme by which it is best to carry out an exchange between cities depends on many specific factors, the conditions of the owners, and the general situation on the housing market in a particular city in the country.

In general terms, you can adhere to the following order when determining a suitable method of exchange:

1. If the owner has standard housing that is not included in the elite, premium or business class segment, then the direct exchange option is best suited. Moreover, this method works well when exchanging standard, typical apartments between cities that are not capitals or large regional centers.
2. If the owner has expensive, prestigious housing, which is in demand on the local market, then it is best to use an alternative exchange scheme. This is due to the fact that liquid housing can be sold very quickly, and therefore it will not be difficult, as soon as a suitable exchange option is found, to immediately carry out the entire transaction cycle.

What else is useful to know about apartment exchange

We don't need intermediaries!

If you are not ready to pay a certain amount for the services of a realtor and are looking for real estate on your own, you must understand that to evaluate the apartment in another city in Russia . Although, in many cases, having used the services of a realtor, many still tend to trust themselves and their own eyes. In the event that the former owners of your potential apartment decided to cheat, “grease” something, “glue” something, and you are not satisfied with this, you can demand an additional payment or completely refuse the unsuitable option of a non-resident exchange.

And of course, we should not forget that the price of real estate cannot be static; it is also influenced by the population density in the chosen city, infrastructure and condition. In any case, to save your nerves and time, it is worth inviting an independent expert who will assess the real cost taking into account all factors.

Where will we formalize the deal to exchange apartments between cities?

So, all the documents have been collected, all formalities have been completed... And then the question arises: where exactly to formalize the deal? If you have used the services of realtors, then you can trust them to resolve this issue. In the same case, if you are doing everything yourself, indicate in the contract your wish regarding the implementation of the transaction in a specific city in Russia , and the other party, in turn, can agree with you or make adjustments.

In conclusion, I would like to say that long-distance exchange of apartments in Russia is not as scary as it might seem at first glance. All that is required of you is to carry out the process strictly in accordance with the law and, depending on your ability to use the services of qualified specialists: this will reduce time and, possibly, save your money and nerves. This article is intended to help you in your endeavors and make the exchange process as easy as possible.

You can find out the cost of apartments in the center and on the outskirts of Moscow here

Features and nuances

Without intermediaries

Having taken upon yourself the responsibility to act independently, without the help of realtors, you must remember that in addition to documentation, you must also check the condition of the apartment for compliance with the stated requirements .

Since the apartment desired under the contract is located in another city, you need to go there and assess the condition with your own eyes. Perhaps something will not suit you, and something the current residents have tried to hide. If you are not satisfied with the condition of the living space, you can demand an additional payment or refuse the transaction (read about the exchange agreement with an additional payment).

Keep in mind that the price is influenced by a number of factors. In a city with a more dense population, housing will cost more than in a smaller one. In addition, the price is affected by the condition of the house, location and other factors.

To ensure that you do not have any disputes with your opponent, invite an appraiser to inspect one or the other residential area. From the specialist’s verdict, you can draw conclusions for yourself and proceed to the transaction.