List of documents required to purchase an apartment

To purchase an apartment, it is not enough to conclude one purchase and sale agreement. The purchase and sale transaction is subject to state registration. registration. Only from the moment of such registration does ownership pass from the seller to the buyer. To register a purchase, you must submit a certain package of documents to the registry office. service.

Of course, the seller provides the bulk of the documents; the buyer only needs to present his passport, pay the state fee and write an application. However, if you do not take care and control the seller, you will have to submit documents to the registration office several times until all the shortcomings are eliminated. And this is time and nerves.

What documents should I prepare when buying and selling a home?

Experts do not advise hasty decisions about buying an apartment.
It is necessary to analyze not only the quality parameters of housing, but also its location, the availability of infrastructure, the safety and environmental friendliness of the area. The domestic real estate market is becoming more civilized, but the possibility of fraud still exists. Knowing the legal side of the issue will help you protect yourself as much as possible from unscrupulous sellers or “black realtors.”

If an apartment has been selected, the time has come to sign the purchase and sale agreement for the home. But before you compose its text, you need to check the authenticity and legitimacy of the extracts and certificates provided by the seller. This is not a difficult task, which the Unified Register of Real Estate Rights will help you cope with. Here you can find detailed and reliable information about the property itself, about the seller and his rights to the property being sold. To check, just make a request.

request form for information from the Unified Register of Real Estate Rights in .pdf format (Adobe Reader) The buyer must spend time collecting documents, the list of which is determined by whether we are talking about purchasing square meters in a new building or purchasing housing on the secondary market. If you decide to choose an apartment on the secondary market

, then you need to prepare:

• Passport and copies of passport. Moreover, both parties to the transaction must provide passports. Without the original, the copy is considered invalid and has no legal weight.
• Consent of the spouse to make the purchase.
  This document is needed if you are married. In addition to it, you must provide a marriage certificate (copy). sample consent of the spouse for the purchase of an apartment in .docx format (Word)
• If the parties to the transaction are liable for military service, then you must provide the original military ID.
• If divorced people are involved in the purchase of a home, then it is necessary to include in the package of documents a certificate confirming the dissolution of the marriage.
• If an apartment is purchased by attracting credit funds, then when purchasing it you will need to present a certificate that confirms the financial situation of the buyer (certificate from the place of official work and from the bank).
• If the procedure for the sale and purchase of housing is entrusted to third parties, then it is necessary to provide a properly executed power of attorney and documents that confirm the identity of the citizen or group of citizens.

example of a power of attorney for the purchase and sale of an apartment on behalf of its future/current owner in .docx format (Word) After collecting these papers, a purchase and sale act is drawn up, which must be registered and signed by the parties to the transaction. Only after payment has been made and the deed has been signed, the buyer receives the keys to the purchased property.

List of securities received as a result of the transaction

The transaction is accompanied by the preparation of a deed of sale for the apartment, drawn up in accordance with the provisions of Articles 153, 253 of the Civil Code of the Russian Federation. The purchase and sale is carried out in several stages:

• at the discretion of the parties - conclusion of a preliminary purchase and sale agreement (PPSA);
• execution of a purchase and sale agreement (SPA);
• registration of DCP in Rosreestr;
• transfer of the apartment by deed.

At each stage, the corresponding documentation functions, forming the documents that are issued to the buyer. They will secure the legal and actual entry into ownership rights. You can find out more about what documents are needed to purchase an apartment, as well as what will be issued after the transaction is completed, here.

REFERENCE: The legal capacity of the PDKP is focused on concluding a transaction, after which it loses legal force. Only the main agreement under which the property was alienated to the buyer is important for entering into ownership rights.

This agreement must be registered in Rosreestr, in accordance with Articles 131, 158 of the Civil Code of the Russian Federation, as well as Federal Laws No. 122-FZ and 218-FZ. Accordingly, the main document that acts as a title document throughout the entire period of ownership of housing is the purchase and sale agreement.

It must be signed by the parties and registered with Rosreestr. At the discretion of the parties, its notarization is allowed (Article 167 of the Civil Code of the Russian Federation).

This document must be accompanied by a receipt received from the seller confirming that he has received money under the transaction, or another document confirming the payment through the bank.

The next document that Rosreestr issues after entering information about the new owner of the property into cadastral records is an extract from the Unified State Register of Real Estate. It is given to the buyer so that it serves as a title document throughout the entire period of ownership of the apartment.

If a separate provision in the deed of sale did not indicate the acceptance of housing on the basis of the conclusion of the agreement, then the act of acceptance of housing should be a separate document. It serves as a legal form for the buyer to actually take ownership of the apartment.

Documents from the seller of a used apartment

The buyer should request from the property owner who has decided to sell his apartment on the secondary market the following documents:

• passport (original);
• certificates about family composition and the absence of utility debts from the housing office;
• consent of the spouse to complete the transaction (this consent can be written in free form, but must be certified by a notary);
• marriage registration document (if the spouses are married) or divorce certificate (if the persons divorced);
• original military ID (if the person is liable for military service);
• a certificate from a psychoneurological dispensary stating that the home seller is not registered there (this document is considered valid for 1 month from the date of issue);
• an extract from the tax office stating that all taxes have been paid.

But the list of papers does not end there, since in addition to documents “for the seller”, you also need documents “for the apartment”
, and these are:

• a certificate of cost or form 11a with a plan, which can be obtained from the BTI (it will take no more than one day to issue the certificate, but it is needed as confirmation that no redevelopment has been carried out in the home);
• cadastral passport for real estate;
• explication of the building;
• floor plan of the building;
• an extract from the Unified State Register, which provides information about all operations carried out with a specific apartment;
• a document confirming the purchase of housing or donation, a certificate for privatization or another document that can confirm the right to this property.

When the seller is a minor, then you need to provide a permit for the sale, where it will be written that the child will not be left without a place to live, and he will be registered in another place.

Purchasing housing on the secondary market has its advantages. You are buying a home that is immediately ready to move into. And, as statistics show, there are fewer deceptions in transactions on the secondary market than in the market for properties sold at the construction stage.

All the documents required when purchasing an apartment on the secondary market, as well as possible pitfalls associated with them, are described in the video presented.

Features of buying an apartment through a developer

You need to start collecting information about the developer not with a visit to the office, but with reading the project declaration, because that’s where you can find out everything you need. It is important that the Declaration is published on the Internet or in the media no later than 2 weeks before the conclusion of the first agreement (Law 214-FZ states this). In addition to information about the developer, the project declaration includes information about the project.

You will need to check a lot of documents when purchasing an apartment in a new building. The contract is concluded between the buyer and the developer. But even before signing this agreement, it is important to check whether the developer has the necessary documents:

• constituent documents. These include the charter and memorandum of association;
• certificate confirming state registration;
• a certificate confirming that the developer is registered with the tax authority;
• building permit. Of course, to obtain permission, the developer will have to spend a lot of time. After all, he needs to provide a plan for engineering support, that is, communication networks. But it is better to find out the existence of this plan right away than to arrange communications in the apartment later at your own expense;
• and lastly: it is extremely important not to deal with dubious developers; it is better to familiarize yourself with the reliability ratings of construction companies in advance.

From these documents you can find out the name of the developer, founders, the date when the developer was registered, INN and OGRN (using these numbers you can identify the developer), the initials of the manager, as well as the legal address of the developer. It is better if the legal address coincides with the actual one. If an apartment in a given new building can only be purchased through a realtor, and he refuses to provide information about the developer, you should not contact him.

Documents when purchasing an apartment from a developer that you should ask from him:

• documents for the land (they indicate the cadastral number, as well as the area of ​​the plot). It is necessary to check that they were issued by the legal entity that was responsible for issuing the other documents;
• project documentation, that is, documents that describe the purpose of the project and the timing of its implementation;
• conclusion of the state examination of project documentation;
• justification of the house construction project (technical and economic).

It is important to check not only the availability of all these documents, but also their quality. It is better if a lawyer deals with this issue. Then you will be calm that the developer’s documents are in full order, which means you will be able to move into a new apartment with finishing touches on time.

Documents for purchasing square meters in a new building

If you purchase an apartment on the primary market, you need to prepare a similar package of documents.
The buyer does not need to familiarize himself with certificates that confirm the identity of the former owner (owners), as well as papers that indicate his marital status. There is no need to include in the package of documents for the transaction documents that indicate the payment of all utility bills and the absence of debts on them. From the seller of square meters in a new building, that is, a development company or a construction company, the list of documents looks more solid. Yes, the selling company

must provide:

• permission from government agencies for construction on the site where the house was built;
• technical and economic feasibility study of a new house;
• conclusion of government agencies that the construction of the house was carried out in accordance with the requirements and standards accepted in the industry;
• design documentation and all changes in it that arose during the construction process;
• permission (license) to carry out construction activities and develop a specific facility;
• an agreement confirming participation in shared construction if the object is purchased at the construction stage.

The purchasing process
includes:

• payment of commission to the seller for the selected apartment;
• signing an agreement regarding the assignment of the right of claim, which is concluded between the person buying the property and the company that built the house.

Purchasing a new apartment is more profitable than secondary housing, since it is “clean” from a legal point of view. The fact that a new apartment is sold without finishing is a solvable issue. The buyer always has the opportunity to order repairs immediately from the developer’s company.

Purchasing housing using maternity capital

If an apartment is purchased using maternity capital, a Certificate confirming the right to receive it must be added to the package of documents.
This Certificate is issued by the Pension Fund, which oversees the transfer of budget funds. sample contract for the purchase of housing using maternity capital in .docx format (Word) If housing is registered for minors, then birth certificates must be attached.

When maternity capital is used, it is necessary to register children (children) as the owners of the property.

Where and when are documents processed?

Depending on the type of document you will have to contact:

• in the housing office;
• to fiscal authorities;
• in BTI;
• to the Unified State Register of Real Estate Rights.

Some certificates are issued within 1-2 days, while receiving an extract from the Unified State Register can take up to 10 days.
This needs to be taken into account. Certificates from the Housing Office are valid for no more than a month from the date of issue, and this should also be remembered. As for the additional funds spent, it all depends on the price of the apartment. 1% of the cost will have to be paid to the Pension Fund, approximately 15 thousand rubles can be spent on a notary and about 2 thousand rubles must be paid to the state registrar for registration of property rights.

We also recommend reading the article: How to properly register the purchase and sale of an apartment and not be deceived.
It is possible to prepare the papers yourself in 2-3 weeks. You can trust the agency, but in this case the deadlines usually drag on for 2-3 months - specialists carefully check all the documents. Services will have to be paid - 2-3% of the cost of housing. All that remains is to decide: seek help from professionals or act quickly, but at your own peril and risk.

How to restore the missing ones?

If Rosreestr does not issue a registered agreement, act or extract from the Unified State Register after registration, the lost document must be restored immediately. To restore documents, the buyer writes an application to the administration of the Rosreestr branch, in which he indicates:

1. The circumstances and date of transfer of the package of documentation for registration of the transaction, indicating the identification number of the receipt, which verifies the fact of transfer of the lost document.
2. A detailed description of the document, if it is an agreement or deed of transfer, indicating the details.
3. If an extract is not issued, a simple indication of this fact is given.
4. If additional documents have not been issued, list them.

The registration authority will definitely correct the error. And if the non-issuance was motivated by legitimate reasons - a motivating extract with a refusal to register.

Based on the extract received, it is possible to initiate legal proceedings if you submit a statement of claim within 10 days. But the claim is brought only in relation to title and right-certifying documentation.

ATTENTION: Any document that allows registration of a transaction and ownership of an apartment can be restored by a court decision. Additional documents are restored without any problems by obtaining duplicates.

A personal account, payment receipts and registration at the place of residence are issued by the buyer after taking ownership.