The purchase and sale of an apartment involves the preparation of a package of documents: some remain with the seller, others are received by the buyer. Here the buyer must be especially careful, because we are talking about title and important technical documents for the purchased apartment.
Please note: the package of documents when purchasing an apartment on the secondary market will differ from the one that the parties receive from each other when purchasing on the primary market on their own or through a mortgage.
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.
Letter of Credit
Letter of credit is a conditional monetary obligation accepted by a bank (issuing bank) on behalf of the applicant (payer under the letter of credit).
Let's try to translate. A letter of credit allows payment to be made in favor of the beneficiary (in our case, the seller) upon the latter’s submission to the bank of documents specified by the terms of the letter of credit. That is, the system is approximately the same as with a cell: the buyer deposits money into the account in advance, and on the day of signing the DCP issues a letter of credit to the seller. The seller receives a transfer of money to his bank account only after presenting documents on state registration of the transaction. Advantages of a letter of credit:
- There is no need to carry a large bag of money to the bank at a time. Money can be deposited into the account in parts or transferred from another account used by the buyer.
- There is direct evidence of the transfer of money to the seller, no additional receipts are needed.
- You can be sure about the quantity and authenticity of the money. In the case of a cell, the seller may make a mistake when recalculating and checking the money.
- The seller does not have to withdraw a large amount from the bank at a time, fearing for his life.
Disadvantages of a letter of credit:
- The main disadvantage is the cost. This is not 1500 rubles. per month of renting a cell, and a percentage of the entire amount. Typically 0.5–1%. True, recently some banks, in competition, have been reducing the commission (to 0.2%) or setting a fixed tariff of 3,000–15,000 rubles.
- If the bank has liquidity problems, the money may be frozen in the account. This option is unlikely, but after the 2008 crisis it scares many. This will not happen with a cell, because the money in the cell has nothing to do with the bank.
Additional
Additionally, the following documents can be used, which the buyer needs to keep with him in case of force majeure. These are the following documents:
- If the seller is legally married in which the apartment was purchased, according to the provisions of Article 35 of the RF IC, he is obliged to convey the consent of the spouse to the transaction (for details about what documents should be required from the seller when purchasing an apartment, read here).
- The same applies if the spouses divorced less than 3 years ago and there was no division of property.
- A court decision on the division of property in the event of a divorce between the seller and her spouse.
- If the seller was a minor, permission from the guardianship and trusteeship authorities to sell the property.
- The seller's heir transfers the waiver of the right to the apartment from other co-heirs (according to their number).
- Co-owners of shared ownership agree to the transaction, renouncing the pre-emptive right to purchase.
IMPORTANT: Some papers must remain with the seller; they are not handed over; the buyer can make a notarized copy of them.
MINSK CITY AGENCY
List of documents required for concluding an agreement
EXCHANGES, DONATIONS, PURCHASES AND SALES.
1) Document of title for the apartment (property) (agreement on determining the size of shares of privatization participants, marriage contract, agreement for the purchase and sale of an apartment, agreement of gift, exchange, privatization, certificate of inheritance, certificate of ownership of a share in the common property of the spouses , court order, etc.), certificate (certificate) of state registration or
registration certificate or notification of amendments to USRNI documents, technical passport (
originals
).
2) Certificate from the local executive and administrative body (District Administration, ZhREO, ZhES, RSC) on the accrual of the housing quota to persons who participated in the privatization of the apartment.
If, in addition to the owner, anyone participated in privatization, then the written consent of the persons who took part in the privatization with their housing quota and (or) funds, including minors aged 14 to 18 years is required (personal appearance
when submitting an application for certification of the contract or the written consent of the privatization participant certified by a notary).
In case of personal appearance, have a valid civil passport (residence permit) with you.
3) A copy (extract) of the personal account (issued by the organization that operates the housing stock: RSC, ZhES, Owners' Association, housing cooperative, etc.) with information about the residents (registered) in the apartment ( current
).
If adult members, former family members of the owner of the residential premises, as well as citizens living in residential premises provided on the basis of a lifelong maintenance agreement with dependents, testamentary refusal, etc., live in the apartment (registered, have the right to use), then their written consent is required ( personal appearance
when submitting an application for certification of the contract
or
the consent of such persons, certified by a notary).
In case of personal appearance, have a valid civil passport (residence permit) with you.
4) Permission from the guardianship and trusteeship authority (district administration at the place of residence of the ward or minor, or at the location of the residential premises) to give consent to the alienation of residential premises in which minor members live, former members of the owner’s family, recognized as being in a socially dangerous situation or those in need of state protection, or citizens declared incompetent or limited in legal capacity by the court, or residential premises assigned to orphans or children without parental care (Extract from the protocol, certified in the prescribed manner).
5) Consent of the spouse or former spouse of the owner, if the alienated property was acquired during the marriage and is joint property ( personal appearance
when submitting an application for certification of the contract
or
written consent of the spouse certified by a notary).
In case of personal appearance, have with you a valid civil passport (residence permit), marriage certificate or divorce certificate and (or) a court decision on divorce.
In the absence of a spouse or former spouse who can claim the alienated property, the alienator additionally certifies this fact by signing the appropriate application. 6) If one of the spouses has died, and the property is jointly owned by the spouses and registered in the name of the surviving spouse, as well as in other cases provided for by the current legislation of the Republic of Belarus (a privatization participant has died, and his share in the property right has not been allocated, etc. .), then the following documents are required: information about the heirs who accepted the inheritance (death certificate, information from the notary office or notary office at the place of opening of the inheritance about the opening of the inheritance case and about the heirs who accepted the inheritance, or, if the inheritance case was not opened, information from the last place of residence of the testator and (or)
from the location of the alienated real estate object about persons living with the testator or in the alienated residential building, apartment, isolated premises on the day of opening of the inheritance or during the period established by the Civil Code of the Republic of Belarus for accepting the inheritance
(personal appearance
when submitting an application for certification of the agreement or written consent of the heir, certified by a notary).
In case of personal appearance, have a valid civil passport (residence permit) with you. Note: alienation of real estate is possible only after the expiration of the period established by the Civil Code of the Republic of Belarus for accepting an inheritance!
7) Certificate from the tax authority at the location of the alienated property about payment by citizens of the Republic of Belarus who do not permanently reside in the Republic of Belarus, foreign citizens, stateless persons or foreign or international legal entities (organizations that are not legal entities) not located in the Republic of Belarus personal income tax, land tax and real estate tax in relation to the alienated real estate.
Written consent of the pledgee, if the real estate is pledged and its disposal without the consent of the pledgee is not provided for by law or agreement and does not follow from the essence of the pledge ( personal appearance
an individual mortgagee when submitting an application for certification of the agreement
or
written consent certified by a notary; consent of the legal entity-mortgagee, executed in the manner prescribed by law (certificate, letter, extract from the decision, other document).
9) Decision of the local executive and administrative body (administration of the relevant district) on permission to purchase and sell, donate or exchange a capital structure, an unfinished mothballed capital structure or an isolated premises, built (reconstructed) or acquired using a soft loan in accordance with the Decree of the President of the Republic Belarus dated January 6, 2012 No. 13 or other legislative acts providing for the provision of preferential loans for the construction (reconstruction) or acquisition of real estate and restrictions on the alienation of relevant real estate after repayment of the loan.
10) When selling (less) a share in the right of ownership to an outsider (not a co-owner), a refusal of all other participants in shared ownership is required ( personal appearance
when submitting an application for certification of the contract,
either
a waiver of the right of first refusal, certified by a notary),
or
a certificate of transfer of a statement of intention to carry out a paid alienation of a share in the right, issued by a notary.
In case of personal appearance, have a valid civil passport (residence permit) with you.
11) When selling an apartment using a bank loan - an agreement on a current (settlement) bank account opened in the name of the Seller
.
12) Documents confirming the powers of representatives (power of attorney or other document).
13) Documents confirming family relations (birth certificate, marriage certificate or archival certificate, etc.).
14) Documents confirming the right to benefits when paying state duty in cases established by law (pension certificate, disabled person certificate, guardian certificate, decision to recognize a person as incompetent).
15)
Personal appearance of the parties (participants) to the transaction and a valid civil passport (residence permit) of the parties (participants) to the transaction.
DATE OF: _
TIME: __________
REGISTRAR: __
ADDRESS: Maxim Bogdanovich, 153, office No.______
Estimated cost of services (excluding the cost of a technical passport): for close relatives – 150 rubles; for others – 230 rubles.
NOTE:
If it is necessary to carry out a large amount of work on an application for certification or if there are other valid reasons (certification of an agreement with several real estate objects, lack of certainty among the parties to the transaction regarding the essential terms of the
agreement or the need for their additional approval, lateness of the parties to the transaction, etc.) , the drawing up and certification of the contract can be carried out within 3 working days from the date of filing the application for certification.
In this case, the registrar will assign additional time within this period for the parties to sign the agreement.
from the Agency's website: www.mga.by
Which ones remain after registration in Rosreestr?
After the package of documentation for the transaction has been submitted to Rosreestr for registration, you can also submit the documents to the MFC, the buyer only has a receipt in his hands for accepting the documents, signed by the person who accepted the application with attachments.
This receipt may remain for a month until the registration procedure is completed.
Upon completion of this, the applicant comes up for re-appointment, presenting a receipt and a civil passport, receiving:
- registered PrEP;
- act of acceptance of the transfer of the apartment (if it was submitted for registration);
- extract from the Unified State Register of Property Rights.
In addition, the buyer transfers the following received before the conclusion of the transaction:
- cadastral passport of the apartment;
- floor plan with explanation;
- an extract from the apartment book about deregistration.
This list of documentation is exhaustive, but due to the variety of life situations that require additional procedures, it can be supplemented in accordance with existing standards.
Documents when purchasing an apartment in a new building
The buyer must receive originals of the following documents:
- an equity participation agreement or an assignment of rights agreement - depending on how the apartment is purchased;
- a payment document stating that everything has been paid under the DDU, or on the assignment of rights. The second type of document is similar to a receipt for receipt of a deposit when purchasing an apartment on the secondary market;
- act of acceptance and transfer;
- extracts from the Unified State Register of Real Estate.
Just like in the case of buying an apartment on the secondary market, the availability of technical documents does not play a big role - it’s good if they are issued, if not, you can request them without problems from the BTI.
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:
- 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.
- A detailed description of the document, if it is an agreement or deed of transfer, indicating the details.
- If an extract is not issued, a simple indication of this fact is given.
- 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.
