Exchange of a 2-room apartment: which is more profitable

An exchange is a transaction when one apartment is exchanged for several others. This procedure has long become commonplace. Statistics show that more than half of the transactions are carried out precisely by exchanging for two 1-room apartments or exchanging a two-room apartment for a 3-room apartment. This article will focus on the first option.

Exchange of a two-room apartment for two one-room apartments

One of the most popular requests is the exchange of a two-room apartment for two one-room apartments. However, in reality it is almost impossible to make such an exchange: the price of one-room apartments is not much lower than the cost of two-room apartments.

The only way to make such a deal is to exchange a 2-room apartment with an impressive square footage, located in the center in a new building, for two small studios or hotels on the outskirts. To do this you need to follow a specific plan:

find options;
check the found real estate for the presence of debts or encumbrances;
draw up an agreement with the help of a notary.

The type of agreement drawn up for the exchange of apartment 2 for 1 and 1 may differ. Some arrange purchase and sale, while others – exchange.

Search for options

When collaborating with an agency, you will need to incur additional costs to pay for its services, but which option greatly reduces the risks of the transaction. In addition, realtors have a large database of objects for sale or exchange, which makes it much faster to find suitable real estate.

You can also use other options to search for real estate:

It is necessary to constantly monitor all advertisements on the issue of interest located on the relevant websites and pages of printed publications. There are always a lot of advertisements on special boards placed near houses, just on the passage of the streets. But, as practice shows, most of these advertisements are also given by realtors.
Another way to find housing for exchange is to advertise “I am changing an apartment” yourself. Agencies will immediately contact you using it, but homeowners will also call you.

The first search method, through a real estate agency, will require additional expenses (and quite a lot), while others will be practically free (you can put up advertisements yourself, in your free time). If you wish, you can act in three directions, in which case the result will appear much faster.

Reasons and goals

The need for an exchange may arise for various reasons. The main situations are:

real estate is inherited by several people at once;
a department for creating personal space for adult children;
divorce.

The legislation of the Russian Federation allows for exchanges regardless of the reason that contributed to this. Much more important are other factors that can complicate the process. For example, if people are registered in a residential area, or a minor child takes part in the transaction.

Exchange methods

Exchange of a 2-room apartment for two one-room apartments is possible in three ways:

Concluding an agreement with a realtor who becomes an intermediary. He buys and then sells an apartment to buy two one-room apartments.
Drawing up standard sales and purchase agreements.
Exchange of owners. The help of a notary is definitely needed, since the contract implies several important nuances that will determine the entire exchange procedure.

Important! Regardless of the method of transfer of real estate, the owner will have to pay tax.

Documentation

To exchange an apartment for two, you will need the following documents:

passport;
confirmation of payment of state duty;
confirmation of ownership;
technical documentation;
permission of other owners, if any.

It is better to contact a notary who can correctly draw up the document without making mistakes. The tax amount will be 13% of the cost of housing.

Important! Only a correctly executed contract is considered valid.

Tax deductions

In addition to the state fees required for registering papers, you need to pay a tax of 13% of the surcharge amount. This figure is relevant for citizens of the Russian Federation. Foreigners will have to pay 20%.

Important! The tax, according to the law, is paid only when concluding a transaction for which an additional payment is required. If the exchange is equal, no fee is paid.

Tax payments must be reported next year. It is important to register them according to the personal income tax standard. Otherwise, tax authorities have the right to become interested in a citizen’s unregistered income and issue him a fine.

If you have a minor child

Changing an apartment for 2 if you have a child becomes more complicated. The reason is that the guardianship and trusteeship authorities will be involved in the procedure. If a minor is the owner, then he must retain this right, and all the characteristics of the housing received must be no worse than the previous place of residence. Under other conditions, the guardianship authorities will not approve the transaction.

His legal representative, who must be approved by the guardianship and trusteeship authorities, must act on behalf of the minor. The transaction itself is additionally checked by the authorities for legality, and they ensure that the rights of the child are respected.

Main stages of the procedure

Having determined the purpose of the exchange, you should begin to implement it by searching for an object from among the above options.

Procedure

First, you should collect the necessary documentation package, for which you will need to contact:

in the MFC;
in BTI;
in housing departments, housing offices, etc.;
to the notary.

Then you can start the search yourself, using the appropriate sites that operate today in each region. In addition, you can contact a real estate company, whose specialists will take full responsibility for the transaction.

Paperwork

You need to prepare:

title and title document;
cadastral, technical passport;
consent of the spouse and all family members (for family);
an extract from the apartment register;
certificate of absence of arrest and bail;
copies of personal accounts from the housing department.

The participant in the transaction is required to present these documents when viewing the property to become familiar with the legal capacity of the property. Next, they are presented when drawing up an exchange agreement:

real estate company specialist;
lawyer;
to a notary.

That is, to an authorized person drawing up an agreement in accordance with Article 567 of the Civil Code of the Russian Federation. After receiving the agreement in triplicate, signed by both parties, the transaction is registered. It is regulated by Federal Law No. 122-FZ of July 27, 1997 and Article 131 of the Civil Code of the Russian Federation.

To carry it out, the parties come to the “My Documents” MFC with a package of documentation, to which are additionally attached the passports of the owners and all members of their family over 14 years of age. Children under this age are provided with birth certificates.

ATTENTION: If a representative acts in the interests of the property owner, he is required to present his passport and a notarized certificate.

Cost and terms

If you do not take into account the cost of a real estate company’s work or the drafting of an agreement by a lawyer or notary, then payment for the procedure may be limited to the cost of the state duty. It amounts to 2 thousand rubles, and is paid at the MFC terminal on the eve of registration of the transaction .

The deadlines are:

if the parties apply simultaneously – up to 10 days;
when applying at different times – up to 21 days.

The day of the re-visit and the duration of registration are indicated in the receipt for receipt of documents and are communicated orally by the registrar.

For those owners who want to exchange an apartment for an apartment, publications on how to correctly exchange the following real estate options may be useful:

3-room and 4-room;
one-room;
non-privatized and mortgage.

We also advise you to read about how you can exchange your old and new apartment for housing in a new building.

Equal and unequal exchange

The exchange of a two-room apartment for two one-room apartments may or may not be equivalent. In the first case, both parties receive property that is equal in market value to each other. The characteristics of the property are not taken into account; only the price is important.

In the second case, one of the parties is forced to pay extra in order to equalize the value of the property. This often happens if the owner wants to exchange a two-room apartment for two one-room apartments. The owner of a two-room apartment will have to pay an additional amount.

Necessity

Real estate agents with rich and long-term experience have probably encountered a variety of situations in the lives of their clients, with a variety of reasons why they were looking for the opportunity to exchange a studio apartment or other real estate.

Due to the increase in the family, an expansion of living space is also required. And having even a one-room apartment can already be a good start to improving the quality of life.
Clients also need to change their place of residence. Some people need to be closer to work, others move closer to their elderly parents.
Housing is also exchanged or exchanged during a divorce.

Anyone who wants to exchange a larger area for more compact housing may need cash and expect to receive an additional payment . If there is no urgent need for spacious mansions, why not get a good income from your real estate?

This is interesting: Hotel-type apartment: a hotel - what is it like?

Adviсe

Exchange is a complex procedure with many nuances. If the process proceeds without the help of a lawyer, you should listen to the recommendations of specialists:

You should not choose real estate with encumbrances. After purchase, you will have to deal with them, and some of the problems will not be solved quickly.
It is necessary to use the services of a notary. He will help you draw up the contract correctly and conduct the transaction in accordance with the law. His duties will also include checking the “legal purity” of the housing.
Be careful with registered residents. Some people are extremely difficult to evict because of their status or the conditions under which they live in the apartment (long-term lease agreement, registration).

When exchanging a two-room apartment, it is best to use the services of a qualified realtor. The specialist will check the property of both parties for the presence of pitfalls in the form of other owners or encumbrances, help collect the documents necessary for registration and draw up an agreement.

What is our job?

Consulting. Here you can ask any question to a realtor and lawyer.

Inspection and evaluation of objects for sale. If they do not have the most presentable appearance, an analysis is carried out of what actions will be required to give them a liquid appearance and increase the market value.

Creating an advertising campaign.

Presentation of the apartment after finding buyers.

Selection of alternative options, taking into account the client’s capabilities and requests.

Discuss the terms of the preliminary agreement with potential candidates.

Making an advance payment for the selected option for exchange.

Legal examination of real estate.

Preparation of documents for concluding contracts and explaining their contents.

Conducting a transaction.

Organization of mutual settlements, coordination of access to a bank safe deposit box.

Completion of the exchange, receipt of registration documents, handover of keys.

We want to warn homeowners once again: do not be blinded by profitable deals looming on the horizon, because your money is at stake, so protect yourself from rash and hasty decisions. You will need serious market analysis, specialist knowledge of housing law, time investment and safety precautions. The general checklist can reach several dozen top-priority items (this also applies to similar procedures for the exchange of apartments, houses, and cottages in the Moscow region).

Professionals who will stop any attempts at fraud and collect documents without bureaucratic surprises will help ease the process and reduce risks. We will definitely find a way to resolve your housing issue and determine the prospect of exchanging 1, 2, 3-room housing in Moscow and the Moscow region. Legal support of the transaction will contribute to its successful and safe implementation.