Despite the apparent complexity, with the right approach, re-registration of an apartment will not cause difficulties. And in this matter you cannot do without our recommendations.
To re-register an apartment, the following package of documentation is required:
- passport;
- documents establishing ownership (sale and purchase agreement, donation, exchange, etc.)
- notarized consent of the spouse (if the apartment is joint property);
- extracting books from home;
- certificate of ownership.
The list may vary depending on the re-registration method.
List of required documents
The basic package of documents is always the same:
- Identity cards of the parties to the transaction.
- Certificate of ownership.
- A title document required for state registration (sale and purchase agreement, annuity, deed of gift, etc.).
- Consent of the spouses, certified by a notary (if the alienating party is married).
- Permission from the guardianship authorities if a minor or incapacitated person is involved in the transaction.
Pros and cons of the procedure
The law does not prohibit the transfer of one's property, in particular an apartment, to one's relatives or third parties.
The procedure has a number of positive and negative nuances. Peculiarities:
- the former owner has no rights to the property, since after re-registration all rights are transferred to the new person;
- a person who has received a full set of rights has the opportunity to dispose of property at his own discretion, for example, to sell or evict other persons, including the former owner;
- challenging a transaction is a complex matter. Especially if at the time of transfer the owner was fully capable.
The main disadvantage is considered to be the complete loss of rights of the former owner in relation to the apartment. It is also impossible to reverse the transaction and cancel the transfer.
It is for this reason that a will is often used. At the same time, there are several advantages to transferring real estate during your lifetime:
- there is no possibility of challenging the transaction by third parties if all conditions have been met;
- the owner receives confidence in the transfer of living space to the required person;
- there are no inheritance disputes after the death of the owner.
On a note! In various situations, it will be necessary to contact a notary, who must certify the required documents. The amount of expenses will depend on the chosen method of transferring property.
Transfer methods
Purchase and sale
Re-registration of property in this way is available to any individual or legal entity (Articles 549 – 558 of the Civil Code of the Russian Federation). Step-by-step instruction :
1. Collect the papers necessary for the transaction. Add additional documents to the main package:
- application for state registration;
- extract from the house register;
- technical passport (not in all cases);
- extract from the Unified State Register of Real Estate.
If the bank allocated funds for the transaction, then provide a loan agreement.
2. Draw up a purchase and sale agreement between the parties.
3. Register the transaction and receive new ownership documents. There is also electronic registration.
Important! You can draw up an agreement yourself. But if the transaction involves minors or incapacitated persons, then notarization is required.
Read more about the stages of the transaction here.
By agreement of exchange
The exchange of apartments between owners is possible in one locality, a subject of the Federation or within the entire country (Articles 567 - 571 of the Civil Code of the Russian Federation). It can be equivalent or come with an additional payment.
Registration procedure:
1. Collect documents for each transaction object; the set of papers is similar to the purchase and sale procedure (see above).
2. Draw up an exchange agreement.
3. Register the transaction with Rosreestr or the MFC and obtain certificates of ownership by the parties to the transaction.
Attention! The seller is also the buyer at the same time. One purchase and sale agreement is concluded for both objects of exchange, but in several copies.
Gift deed
Donation is a gratuitous transfer of property from the owner of the property to the donee (Articles 572 - 582 of the Civil Code of the Russian Federation). The method is used as an alternative to a will or to exempt real estate from division upon divorce . Also, transfer of property by gift is used between close relatives to avoid paying 13% income tax.
Algorithm of actions:
- Collect documents (as when completing a purchase and sale transaction).
- Draw up a gift agreement.
- Send documents to Rosreestr or MFC to register property rights.
Note: The donor must be a legally capable person. Making gifts over 3,000 rubles to social workers or officials is prohibited.
Inheritance
During his lifetime, a person can determine the heir to his property, for which a will is drawn up (Articles 1110 - 1175 of the Civil Code of the Russian Federation). The declaration of will comes into force only after the death of the testator.
Instructions:
1. Prepare documents:
- passport of the testator and heir (preferably);
- certificates confirming ownership of the apartment.
2. Appear at a notary's office or authorized persons (for example, a doctor, if the testator is being treated in a medical institution). Based on the information received, a will is drawn up and signed by the executor and the client.
Rent
Rent agreement is an agreement (Articles 589 - 605 of the Civil Code of the Russian Federation), in which one party transfers ownership of real estate, and the second, in exchange for the property received, undertakes to pay a certain amount of money or provide another form of material support (payment of utilities, purchase medicines, household help, etc.)
To draw up a rental agreement:
- Prepare documents similar to the purchase and sale transaction (see above), but an additional certificate of legal capacity of the home owner will appear.
- Draw up and sign the rental agreement in the presence of a notary.
- Register it with the Unified State Register of Real Estate or the MFC and receive documents confirming the transfer of ownership of the housing.
Important! The owner must be the sole owner of the premises. Real estate cannot have encumbrances (mortgage, pledge, etc.).
Find out more about the rent agreement between relatives.
How taxation works
Here are some examples:
Example No. 1. Ledentsova I.M. gave her niece an apartment in the Moscow region. The cost of the property is 4,000,000 rubles.
A niece and an aunt are relatives, but they are not close relatives.
Tax calculation: 4,000,000 * 13% = 520,000 rub.
Example No. 2. Starovoitova N.A. gave her two daughters an apartment. The cost of the property is 3,200,000 rubles. The daughters will not have to pay anything to the state budget. After all, mother and daughter are closely related. Therefore, they receive an exemption from paying the fee.
After the death of the owner
The procedure for re-registration of property after the death of its owner arises in a situation where the following has occurred:
- inheritance by law;
- inheritance by will.
If the apartment is municipal and is in social rent, then read about re-registration here.
Will
Algorithm of actions:
1. Obtain from a notary a certificate confirming the right to inheritance. To do this, provide the following documents:
- statement;
- passport;
- death certificate of the testator.
2. When the certificate of ownership has been received, collect the remaining papers and submit the entire set to Rosreestr or MFC:
- certificate confirming the place of registration of the deceased;
- will;
- a document confirming ownership of the object of inheritance.
3. Obtain a certificate of registration of the new owner.
Attention! It is necessary to appear before the notary within 6 months after the death of the testator. Otherwise, the apartment will become the property of the next heirs or the state.
Who is better to contact: a lawyer or a notary?
It is also worth noting that when concluding a transaction to re-register an apartment in the name of any relative, it is in your interests to comply with all the points that reduce the risk of ending up in the courtroom.
Do not neglect the services of legal professionals, citing the successful practice of friends or any rumors. By wanting to save money, you can create a lot of serious problems for yourself. However, you should not blindly trust a lawyer or notary; control the situation, check every paper, carefully read the documents and check all the details. To avoid having to spend money twice, it is better to immediately entrust the process to one specialist – a notary. He has a legal education and can accompany any real estate transaction, from consulting to registering property rights for the new owner.
Registration for relatives without sale
The easiest way to transfer ownership between relatives is through a gift agreement or a will.
If the deed of gift is issued to a minor, the agreement is signed in the presence of a notary and representatives of the child.
Between spouses, the transfer of property rights occurs under an agreement of gift, sale or exchange. The choice depends on the stage of family relationships.
Read about the annuity agreement between relatives at this link.
What are the most profitable and convenient ways to re-register?
When choosing a method of profitable and convenient re-registration, pay attention to the consequences of your actions, as well as whether you want your relative to pay taxes, and whether you want to pay them yourself. In addition, consider the risks not only for yourself, but also for the relative to whom the rights are transferred. If you are afraid that he may be deceived and his home taken away, choose a deed of gift. When you are afraid that you will be deceived, make a sale.
The most profitable option, if you do not plan to make a profit with a relative, is still a gift agreement; otherwise, an equally convenient and profitable option is purchase and sale. With rent, exchange and inheritance, there are much more complexities and time and effort are also much higher.
Price and taxes
The total cost of the procedure depends on what services the parties to the agreement used to draw up the agreement (notary, legal agency).
The state duty for state registration of contracts on the alienation of real estate (conclusion of contracts of sale and purchase, donation, exchange, rent) is:
- for individuals - 2,000 rubles;
- for legal entities - 22,000 rubles.
Registration of a share of common property in an apartment building - 200 rubles.
A transaction for the sale of an apartment is subject to tax (13%) if the property has been owned for less than 5 years and less than 3 years if the living space was inherited, as a result of privatization, under a gift agreement from a close relative or rent.
Depending on the value of the inherited property and the degree of relationship with the deceased, the state duty on inheritance under a will will be:
- 0.3% (not more than 100,000 rubles from the cadastral value of the property) for heirs of the first and second stages;
- 0.6% (no more than 1 million rubles) for other recipients.
Non-notarized transaction execution
Separately, it is necessary to highlight such a concept as non-notary registration of transactions involving the transfer of an apartment to a relative. This method is interesting when you need to save time and money, and also when the owner is thinking about the possibility of canceling the contract in the future. However, this is very risky, since the role of the notary is quite large, because he:
- Helps to check the correctness of documents and their complete composition;
- Bears responsibility before the law for the transaction you enter into;
- Helps to draw up a contract correctly.
https://www.youtube.com/watch?v=aGpLYP-5npI
Refusal of legal services allows you to minimize the costs of the transaction (any re-registration of real estate to another owner is a transaction, even if it is a gift). Similarly, close blood relationships and the choice of contract option reduce costs. If it is gratuitous, it exempts you from taxes completely or almost completely; if it is paid, the amounts increase if necessary.
State registration and re-registration of transfer of rights
To change the owner, you must submit documents to Rosreestr or through the MFC. Registration using an example of a purchase and sale agreement here. Find out what list of documents is needed, how long the process takes and applications for registration through the MFC in this detailed article.
Is it possible to avoid paying the fee?
There are two ways to do this:
- Issue a deed of gift twice to make a gift through a close relative. For example, an uncle wants to give a house to his nephew. To avoid paying a fee, you can first donate housing to your brother. The nephew will receive the house through a deed of gift from his father. Then you won't have to pay tax. But paying the state fee for registering ownership rights will not be avoided.
- Sign a fictitious purchase and sale agreement. You will not have to pay the fee if the citizen has owned the property for more than three years. And under this condition, you can issue a deduction.
In this case, the costs will be even less than with a gift. There are no clear instructions on how to avoid paying the fee. Therefore, people use available methods of tax evasion.
Price
The cost of registration includes:
- state registration fee;
- production of cadastral document;
- notarial services;
- income tax – 13% of the sale agreement amount;
- the purchase price of the apartment - when re-registering rights to oneself.
Notary costs depend on how many services you need. For a simple certification of a power of attorney for a representative, a lot of money will not be required, but the cost of checking the encumbrances of the living space and certifying the agreement is much more expensive.
The price also varies depending on the region where the service is received.
To reduce tax costs when re-registering rights to a relative, you should draw up a gift agreement , and ordering the necessary documents and certificates through the State Services will save up to 30% of the cost of state duty.
