How to exchange an apartment with an additional payment? What options are possible? in 2021

Last update: 02/16/2021

No matter how a person gets used to his own home, sooner or later he has to change it. Few people spend their entire lives in one place. The reasons may be different - I changed jobs, started a family, children grew up, or I grew above myself and my capabilities. There is only one result - the old living space is no good, a new one is needed. So it's time to change. How does the exchange of apartments ? How to exchange your apartment for another? What is the procedure here?

Now we will figure out how all this is done.

First of all, we find out what type of housing we are talking about - public or privately owned . The method of processing the exchange depends on this:

state apartment - exchange with the permission of the relevant government agency;
private apartment - exchange by agreement of the parties or sale with simultaneous purchase (alternative transaction).

Now - in order.

Extract from the Unified State Register (EGRN) for an apartment - what is it, what information does it contain, where and how to get it? See the Glossary at the link.

What does the legislation say?

In order not to make a mistake, you can and should first study the article. 567-571 Civil Code of the Russian Federation. They are dedicated to exchange issues. Basic things you need to know:

each participant in the transaction simultaneously becomes both a seller and a buyer;
To draw up a contract, the same documents are required as for a standard purchase and sale;
you can conclude two independent transactions or one exchange agreement. (it also performs the function of a transfer document);
the parties are required to register their ownership rights in Rosreestr;
Personal income tax is calculated as when concluding a standard purchase and sale agreement.

What to choose: DPK or barter agreement is decided only by the contracting parties. In most cases, notarization of the contract is not required. An exception is the alienation of shares in the right or exchange of real estate fully or partially owned by a minor.

Note! To register ownership rights, each participant in the transaction is required to pay a state fee in the amount of 2,000 rubles. It is impossible to deposit 4,000 rubles in one payment under the pretext that the agreement is a general one. Everyone pays for themselves.

Where to go?

What does it take to exchange a three-room apartment for a two-room and a one-room apartment or two one-room apartments?

The agreement must be drawn up at a notary office. This will secure your transaction.

However, if you need to save money , you can draw up an agreement without appropriate certification.

To exchange you will need:

technical documentation for the apartments;
property documents;
documents confirming your identity;
documents from the BTI;
consent to exchange and sale from the owners.

The documents, along with the transaction agreement, are submitted to the registration chamber in your region . In exchange for the package of documents, you will be given a certificate with the approximate date of issue of the certificate.

How can I change my apartment?

Apartment exchange is carried out according to one of the following options:

On the secondary market. Owners, at their discretion, sign one exchange agreement or two purchase and sale agreements. The parties to the transaction consider the issue of additional payment independently, depending on the quality of the transferred housing.
On the market of new buildings using the trade-in system. The developer and the buyer also enter into a contract of agreement. The proceeds are counted towards the new apartment.
In the municipal housing market. The procedure is possible only with the permission of the municipality. It will not be possible to exchange privatized space for municipal space.

Let's take a closer look at the first two options. The third can be carried out only after consultation with your housing committee or another structure in charge of the apartment.

Complete turnkey apartment renovation

Everything is included The cost of repairs includes everything: work, materials, documents.
Without your participation After agreeing on the project, we only bother the owners when the repairs are completed.
The price is known in advance. The cost of repairs is fixed in the contract.
Fixed repair period Turnkey apartment renovation in 3.5 months. The term is fixed in the contract.

About the opportunity

Is it possible to exchange a three-room living space?

Many people are interested in the question of how you can exchange a 3-room apartment and how difficult it is? People who have little knowledge of the legislation of our country even doubt whether such an action is possible, and rush to consult with lawyers and realtors.

Meanwhile, the law directly allows and permits the exchange of real estate, while the number of rooms and footage does not in any way affect whether a barter transaction can or cannot be carried out.

The practice of barter agreements began quite a long time ago. Back in the days of the Soviet Union, when all apartments were mostly of the same type, it was much easier for people to change their living quarters when moving. This type of exchange was used even if citizens moved from city to city.

Since the existence of the Soviet Union, the practice of real estate has undergone a number of changes. Today, such a procedure is regulated by completely different regulations and requires compliance with a number of rules.

You can learn about how to exchange housing with an additional payment, as well as how to force a forced exchange of living space through the court, from our articles.

Exchange on the secondary market

The most difficult task in this case is finding an option. Registration does not require much effort. You can exchange an apartment for:

Equal living space. Nobody pays anyone anything extra.
For a larger property, in an expensive residential complex. In this case, the one who gives away a cheaper apartment pays extra. If the new area has worse characteristics, the owner has the right to expect to receive a certain amount of money.

Both parties to the transaction are required to collect and submit to the counterparty for consideration:

Civil passports of all owners.
Extract from the Unified State Register of Real Estate. It is important to know that there are no encumbrances placed on the apartment.
An extract from the house register is preferably 5 years in advance. It is necessary to make sure that people who have the right to return there to live are not registered in the apartment, for example, convicts or conscripts.
Technical passport. There should be no unregistered redevelopments.
Certificates from management companies and resource supply organizations confirming the absence of debt.
Consent of the spouse to the transaction, certified by a notary.
Permission from guardianship authorities if there are minors among the owners or registered minors.

The exchange agreement specifies:

data of the parties in accordance with the passports;
descriptions of both apartments (addresses, floor, area, cadastral numbers and other features that allow one to uniquely identify the property are indicated);
the phrase “The parties exchange the apartments belonging to them” (if standard KDPs are concluded, these words are not written);
amount of additional payment (if any), payment procedure;
procedure for transfer of property;
other conditions relevant to this transaction.

Important point! The cost of real estate is required to be specified in the contract, regardless of its type. What amount to indicate (market or cadastral) is decided by the owners. But you need to know that the Federal Tax Service will calculate personal income tax on this amount under certain circumstances. If there is an additional payment, it is also specified in the contract.

You can submit documents for registration of a new property right directly through the Registration Chamber or through the MFC. In the first case, the transaction, if there are no obstacles, will be registered within 3 days. In the second you will have to wait longer.

Do you need repairs?

We have already renovated more than 500 apartments, we will be happy to help you too

Find out the cost of repairs

Options

What options are there for exchanging 3-room property? What can I exchange a 3-room apartment for?

Is it possible to exchange a 3-room living space for 2 and 1 room? Bartering a 3-room property for a two-room and a one-room property is in principle possible. Of course, it is important to consider the condition of each of them.

If, by exchanging your apartment with a larger area, you agree to a less prestigious area and less expensive renovations, then the option of such an exchange is just what you need.

Is it possible to exchange a three-room property for two one-room ones?

You can easily barter a 3-room property for a couple of one-room properties with equivalent renovations. Any realtor will be happy to fulfill your requirements, because such transactions are extremely popular and easy to implement.

In some cases, in order to exchange a three-room apartment for two one-room apartments, when the one-room apartment is superior to your apartment in the quality of repairs or in its location in the city, sellers may require a small additional payment for the work.

According to practice, it is possible to exchange a three-room property for two one-room or even three one-room living spaces, taking into account that a large area has good repairs and increased square meters.

It is also possible to barter a three-room property for a two-room property with an additional payment. Sometimes three-room apartments in not the most prestigious areas and not with the most enviable renovation are exchanged for two-room or even one-room apartments.

A lot depends on the condition of a particular home, so before you start looking for a candidate for a transaction, you need to evaluate your own property by inviting a realtor or appraiser.

The reasons for exchanging a three-room property can be various factors that you need to get acquainted with:

Divorce is the main reason for the exchange of apartments. The spouses no longer want to live together, which means they need separate areas. When there is no time to sell your home and then buy living space one by one, you can turn to the exchange option.
Children grow up and they also need their own housing, but parents can be content with a smaller area. In this situation, an exchange of apartments is also possible.
The real estate that was inherited by several people will lie with me and so that everyone becomes the owner of their own real estate and the exchange is carried out.

There are also other reasons for exchange, but we have considered the most basic and common ones.

Exchange of an apartment for a new building

Not everyone has the money for a down payment to buy an apartment in a new residential complex. And developers are increasingly turning to the trade-in scheme. Old housing is accepted for sale. At the same time, a DDU or booking agreement is concluded. This procedure is more complicated. In most cases, the developer acts as an intermediary in the sale of an old apartment and receives a certain commission for this. But it is also possible to use another scheme, in which the developer evaluates the living space transferred to him and counts this amount towards the sale of the new one.

Formally, this transaction is not an exchange agreement. Sale and purchase agreements are registered in Rosreestr. The additional payment is made by agreement between the developer and the buyer.

Taxes and duties

The obligation to pay income tax arises if the property has been owned for less than 5 years. Moreover, in one transaction, it may be that one apartment was owned for less than 5 years, and the second for more. Then only one party pays the tax.

However, if a person received an additional payment, then this is considered income, therefore, the obligation to pay personal income tax also arises. Personal income tax is paid on real estate worth over 1 million rubles, because The law provides for a tax deduction for this amount.

Exchange of mortgage apartment

If the debt to the creditor has not yet been repaid, his consent will be required. Possible solutions to the problem include:

Transfer of debt to the buyer if he meets the requirements of the creditor.
Signing a preliminary purchase and sale agreement. The buyer contributes an amount sufficient to close the obligation to the bank. After this, the mortgage is revoked and the transaction can be fully registered.

In any case, it is better not to carry out such transactions without the knowledge of the lender. The bank has every right to protest the transaction through the court.

Where to begin?

How to exchange? So, at the family council it was decided to transform your home. Your next action should be to search for an offer . This can be done in various ways:

look for a buyer with a suitable option yourself, by submitting advertisements;
seek help from private realtors and agencies.

While your search has not yielded a positive result, prepare your home for sale. To do this, remove all unauthorized residents from it so that the premises are not burdened with registered residents .

Prepare all technical documentation. If any transformations have taken place, be sure to obtain the appropriate certificates from the local BTI .

The exchange took place. What to do next?

Of course, repairs. It is necessary to remove memories of the previous owner from the walls, ceiling and floor. You can glue the wallpaper yourself and take master classes on applying Venetian plaster. Or you can do it easier and turn to professionals - order a turnkey overhaul service. Professionals will take on the renovation of your new living space: they will draw up an estimate, develop an architectural design, purchase materials, remove construction waste and even carry out clean-up after the renovation is completed. And all this for a fixed time and cost. All that remains for you to do is choose a design, get a finished apartment and invite guests to your housewarming party

Decor

Your next step is to enter into a purchase and sale agreement with the other party. How to complete this procedure?

The document can be drawn up either by the two owners independently or in the presence of a notary, after which it is also certified.

We highly recommend using the latter option if additional payments are involved.

A notarized agreement has much greater legal force in the event that one of the parties evades fulfillment of obligations.