Last modified: January 2021
Re-registration of an apartment is organized in various ways, depending on the signs of compensation, the moment of transfer of rights to the new owner, and special conditions. The chosen form of the transaction and the basis on which Rosreestr will make an entry about the change of owner depend on these parameters. The transfer of real estate involves drawing up and signing a document on the basis of which one party transfers its right to property in favor of the other party. The conditions, terms, and nuances of the transition are fixed in an agreement signed by the current owner of the object.
About the re-registration process
Typically, this procedure is used if a relative should receive the rights to own an apartment or any similar object. The legislation of the Russian Federation strictly regulates the order in which this procedure is carried out.
There are several ways to resolve the issue. The main difference between them is the cost. Housing can be transferred to close relatives using:
- Will.
- Barter agreement.
- Contract for purchase and sale.
- Rent.
- Deed of gift.
Each of these methods is suitable if the gift is made to a person who is not in a close family relationship. But more investment will be required. There are several factors that influence the amount of state duty in this case:
- To what extent are the parties related?
- How much is the property currently worth on the market?
- Benefits: yes or no
The gift agreement refers to agreements on a gratuitous basis. After all, the other party does not give anything to the donor in exchange for real estate. Donation agreements cannot be concluded in one’s own name:
- Commercial organizations.
- Citizens who have lost their legal capacity and have not reached the age of 18.
- Social security workers.
- Employees of educational institutions.
- Workers in medical institutions.
The main disadvantage of a gift agreement is the ease of challenging it using a judicial procedure. You can prepare all the documents yourself, and only then proceed to get them certified by a notary and pay the state fee.
How much does it cost to re-register an apartment using a deed of gift? The price will be the same as most standard deals.
Rent
The legislation allows for the transfer of ownership under a rent agreement for a fee or free of charge. In the first option, the agreement specifies a condition for the periodic transfer of funds to the owner during his life (lifetime annuity) or indefinitely (permanent). And in the second there is a condition on the provision of services and the fulfillment of certain obligations - lifelong maintenance with dependents.
Does the rent recipient continue to live in the re-registered apartment? Write to our legal adviser by filling out the form on the right, and he will definitely help you solve the problem.
If the agreement contains a condition for payment, then the rules of the monetary contract apply to it, and if the transfer of property is free, the gift agreement applies. However, annuity is not one of these contracts.
You may be interested in the apartment rental agreement and its features.
Step 1. Prepare documents.
The package of documents for an annuity agreement does not differ from the DCP.
Step 2. Draw up an agreement.
The rent must also be drawn up only in writing and must be certified by a notary. Otherwise, the agreement will not have legal force. It includes:
- data of the parties;
- information about the apartment;
- rights, duties, responsibilities;
- additional conditions.
Step 3. Rewrite the apartment.
Contract for the purchase and sale of property
First, this agreement requires you to write about the main characteristics of the apartment. This applies to:
- The presence of a loggia or balcony.
- Rooms, their numbers.
- Cadastral passport.
- Descriptions of the floor on which the property is located.
- Areas in exact numbers.
- Location addresses.
- Descriptions of the location.
You should not hide information related to technical shortcomings and redevelopments. Otherwise, there is a high probability that buyers will go to court for compensation.
All data between the seller and the buyer must also be described in such agreements in as much detail as possible. It is necessary to have information about the value of the property.
You need to be sure that there will be no problems with the mental state of the seller or buyer. Otherwise, the transaction may be considered void.
How to make a menu
This is a different type of contract than those described above. In this case, the two parties exchange real estate objects. The agreement is concluded in writing, in a simple form.
How to re-register after the death of a relative? Any relatives can take possession of an apartment if they are in line in accordance with current legislation. You can receive real estate after a relative has named someone in his will.
There are two options to solve the problem in this case:
- After the testator dies
- During the lifetime of the former owner.
Minors and incapacitated relatives in any case receive their share in the apartment. Even if nothing was said about them in the document. How much does it cost to re-register an apartment when purchasing in this case? The cost remains almost unchanged.
Cost of service No. 1 - drawing up and certification of a share donation agreement
The cost depends on whether you contacted a notary on a mandatory basis or at your own request. We advise you to carefully read in what cases the contract must be certified, because if you go to a notary at your own request, it costs more.
If the contract must be certified
- A) Drawing up a contract - from 3 to 9 tr. In each region, the price for compilation differs because it is not determined by law. It is established by the local notary chamber at a general meeting. In addition, the price changes every year. For example, at the time of writing in Moscow - 6 thousand rubles, in St. Petersburg - 4.8 thousand rubles, in Arkhangelsk - 8.8 thousand rubles. This is called technical and legal services. Is it possible to bring your own gift deed and not pay for drafting?
- B) Notarization (certification) of the agreement - 0.5% of the transaction amount (clause 5, clause 1, article 333.24 of the Tax Code of the Russian Federation). Usually, when donating a share, notaries take its cadastral value for the transaction amount. Is it possible to indicate another value instead of the cadastral value?
cost of the certificate = 0.5% * cadastral value of the apartment shareThe cost of the certificate also has a framework - it must be at least 300 rubles. and no more than 20 tr.
First you need to find out the cadastral value of the entire apartment - instructions. Next, multiply the cadastral value of the apartment by the size of the share being donated. For example, a 1/3 share is given, the cadastral value of the entire apartment is 3.4 million rubles. It turns out the cadastral value of the share: 1/3 * 3.4 million = 1.33 million rubles.
Show examples ↓ Example No. 1: Andrey and Marina have an apartment in Moscow, where each has a 1/2 share (shared ownership). Andrey decided to give his share to Marina. In their case, a notary is required. The cadastral value of the apartment is 4.7 million rubles. For drawing up the agreement, the notary charged them 5,400 rubles, and for its certification - 0.5% * (4.7 million * 1/2) = 11,750 rubles. Total RUB 17,150.
Example No. 2: Marina and Olga have an apartment in Moscow, where Marina has a 1/4 share, and Olga has a 3/4 share (shared ownership). Olga decided to donate her 3/4 share to her children, i.e. 3/8 each. In their case, a notary is required. The cadastral value of the apartment is 5.2 million rubles. For drawing up the agreement, the notary charged them 5,400 rubles, and for its certification - 0.5% * (5.2 million * 3/4) = 19,550 rubles. Total RUB 24,950.
Example No. 3. Alexander, Christina and Svetlana each have a 1/3 share of an apartment in St. Petersburg. Svetlana decided to give Alexander half of her share, i.e. 1/6. The cadastral value of the apartment is 11.3 million rubles. They paid the notary 3,800 rubles for drawing up the agreement. For his ID - 0.5% * (11.3 million * 1/6) = 9,150 rubles. Total RUB 12,950.
Article on the topic - how a contract of donation of a share of an apartment is certified by a notary and what documents are needed;
Go to the cost of service No. 2 - submitting a gift agreement for registration of the transaction
If the contract is certified at your own request
(no mandatory notarization is provided)
- A) Drawing up a contract - approximately from 4 to 11 tr. In each region, the price for compilation differs because it is not determined by law. It is established by the local notary chamber at a general meeting. In addition, the price changes every year. For example, at the time of writing in Moscow - from 8 tr., in St. Petersburg 6 - 8 tr. Is it possible to bring your own gift deed and not pay for drafting?
- B) Notarization (certification) of the agreement - % of the transaction amount. Usually, when donating a share, notaries take its cadastral value for the transaction amount. Is it possible to indicate another value instead of the cadastral value?
You can only find out the cadastral value of the entire apartment - instructions. Next, multiply the cadastral value of the apartment by the share. For example, a 1/3 share is given, the cadastral value of the entire apartment is 4.1 million rubles. It turns out the cadastral value of the share: 1/3 * 4.1 million = 1.36 million rubles.The percentage for certification depends on the amount of the transaction and whether it is given to a close relative. Tariffs are taken from clause 1 of Art. 22.1 Basics about notaries.
A share of the apartment is given to a close relative(s)
That is, spouse, parent, son/daughter, grandson/granddaughter.
- — If the cadastral value of a share is up to 10 million rubles, then certification of the contract costs 3,000 rubles. + (0.2% * cadastral value of the share).
— The cadastral value of the share is more than 10 million rubles, then 23,000 rubles.
+ (0.1% * (cadastral value of the share - 10 million)). But the final cost of the certificate should not exceed 50 tr. Show examples ↓ Example No. 1: Alexander has an apartment in Moscow, he is the sole owner. He decided to give half of the apartment to his son, i.e. 1/2. Although not necessary, they decided to contact a notary, i.e. at will. The cadastral value of the apartment is 4.8 million rubles. The notary charged them 8,000 rubles for drawing up the agreement, and 3,000 rubles for certifying it. + (0.2% * (4.8 million * 1/2)) = 7,800 rub. Total RUR 15,800
Example No. 2. Oksana has a large apartment in St. Petersburg, the cadastral value of which is 21.8 million rubles. She decided to give her grandson a 2/3 share, i.e. to a close relative. They turned to a notary, even though he was not necessary in their case. They paid the notary 6,000 rubles for drawing up the agreement. For his ID - 23,000 rubles. + (0.1% * ((21.8 million * 2/3) - 10 million)) = 27,500 rub. Total RUR 33,500
- — If the cadastral value of a share is up to 1 million rubles, then certification of the contract costs 3,000 rubles. + (0.4% * cadastral value of the share).
Show examples ↓ Example No. 1: Dmitry has an apartment in Moscow, he is the sole owner. He decided to give a 1/2 share to his own aunt Marina. A natural aunt is not considered a close relative. Although not necessary, they decided to contact a notary. The cadastral value of the apartment is 3.3 million rubles. The notary charged them 8,000 rubles for drawing up the contract, and 7,000 rubles for certifying it. + (0.2% * ((3.3 million * 1/2) - 1 million)) = 8,300 rub. Total 16,300 rub.
Example No. 2. Kristina has an apartment in Orenburg. She decided to give a 1/4 share to her niece Oksana, i.e. to a distant relative. The cadastral value of the apartment is 2.4 million rubles. They turned to a notary, even though he was not necessary in their case. They paid 4,000 rubles for drawing up the contract. For his ID - 3,000 rubles. + (0.4% * (2.4 million * 1/4)) = 5,400 rub. Only 9,400 rub.
Example No. 3. Grigory has an elite apartment in St. Petersburg. He decided to give a 1/2 share to his uncle Kirill, i.e. to a distant relative. The cadastral value of the apartment is 24.2 million rubles. They turned to a notary, even though he was not necessary in their case. They paid 6,000 rubles for drawing up the contract. For his ID - 25,000 rubles. + (0.1% * ((24.2 million * 1/2) - 10 million)) = 27,100 rub. Total RUR 31,100
Share in an apartment. How can I re-register it?
Share of ownership in an apartment
If shared ownership is registered on the property, it means that there are several legal owners.
The main thing is not to make mistakes when preparing the relevant documents.
All owners who own shares first go to the notary's office.
Only a specialist can help you accurately calculate the area owned by each of the applicants.
After this, the applicant selects the type of contract with the help of which the re-registration will take place:
- Donation
- Purchase and sale
Buying or selling is the best option. It is almost impossible to challenge such a decision in court. And one party in any case receives monetary compensation.
And when giving, she simply gives her share to another. Allocation of shares in a one-room apartment is impossible; this is stated directly in the law.
What documents will be needed for registration? The list is quite large. It consists of:
- Cadastral passport. This document contains information on the state value of real estate along with the cadastral number.
- Extracts from the house register.
- Donation agreement, if such a transaction is executed.
- Certificates to confirm payment of property taxes.
- Certificate issued in connection with the alienation of housing.
- Technical passport from BTI. But at present this document is losing its significance. It is increasingly being replaced by a technical plan. It is ordered not only from BTI, but also from other commercial organizations, if they are accredited by the state. It is possible to choose a document with the least amount of time and effort.
- Certificates of state registration of property rights. This document appeared only after 1997. Therefore, in some cases it is absent. This happened after the emergence of the relevant government authority responsible for registration. Previously, a notary took part in the registration of all transactions. After which the data was transferred to the BTI.
For registration, a certificate from the BTI is also ordered. It takes at least two weeks to prepare. You will need to pay a state fee. It is paid by those who are currently registering ownership.
Details must be obtained from the government agency conducting the procedure. If there are several participants, the amount is divided by their number. Usually it is equal to 2000 rubles.
What documents are needed to re-register an apartment?
In most cases, in order to re-register rights to an apartment to another person in the Unified State Register, you must provide the same package of documentation:
- passports of the parties;
- title papers for real estate;
- consent of the limited liability company (if there is a minor owner), representative or spouse to carry out the transaction;
- technical documentation for the premises (for example, cadastral and technical passports);
- a form with payment of a duty of the appropriate amount;
- a document on the basis of which the rights are re-registered (for example, a deed of gift, a certificate of acceptance of an inheritance, etc.);
- a certificate confirming that there are no restrictions or persons registered at this address;
- documentary evidence of relationship (for example, when giving).
Depending on the type of transaction, this list may differ slightly; you can find out the exact list of papers from a notary or an employee of the Unified State Register, as well as the MFC.
How to reduce registration costs
Paying taxes
There are completely legal solutions for those who want to reduce their expenses.
Selling shares under different agreements will reduce taxes.
Buying a new apartment in the same year when the re-registration took place also contributes to this.
Taxes can only be paid on the difference that arises between the sale and purchase.
Only 13 percent of the difference is paid if the full package is available.
When selling, you will not have to pay anything at all if it has been owned for more than three years.
Transaction price and taxes
Registration of ownership of an apartment is a paid procedure. The state fee is as follows:
- 2000 rub. - for private citizens;
- 22,000 rub. - for legal entities.
Some categories of citizens have payment benefits. The list of beneficiaries is given in the law. You can also save 30% of the state fee if you submit your application for registration electronically.
After the property has passed into the hands of a new owner, he has responsibilities for the maintenance and servicing of this object. Every month he will receive receipts for payment of housing and communal services and once a year - a paper from the Federal Tax Service with the amount of tax.
About notarization of purchase or sale
This option should be of interest to those who plan to cancel the deal, or save time on the purchase procedure itself. The participation of a notary in such transactions is still desirable. After all, it provides several important advantages:
- Assistance in drafting a contract correctly. Then there will be no problems if the deal needs to be canceled through the court.
- The notary himself is responsible for the concluded agreement.
- A specialist will help you check how authentic each document is.
Donation
You can transfer an apartment under a gift agreement to any persons, in particular, those who are not relatives. The deed of gift is gratuitous, so a real estate appraisal is not required; you can start immediately by preparing the necessary papers.
Step 1. Prepare documents.
To draw up a deed of gift, you will need the same list of papers as for the DCT.
Step 2. Draw up a deed of gift.
This act of will must be drawn up only in writing. There are no special requirements for the structure. But the deed of gift must contain:
- details of the parties;
- information about the apartment;
- rights, obligations of the donor and the donee;
- liability for breach of contract.
The need for notarization arises in the same situations as with DCT.
Step 3. Rewrite the apartment.
If it is necessary to re-register only the share
Share relations between property owners are regulated by the Civil Code of the Russian Federation. According to this legislation, each owner can dispose of a share in the property at his own discretion.
This includes performing any actions that are important from a legal point of view. The main thing is to provide a complete package of documents, which consists of:
- Notarial consent from each of the owners.
- Notices in writing.
- Agreements of gift or will.
- Purchase or sale agreements.
- Passports.
But there are some difficulties here. An application to the court to re-register a share must be completed correctly from a legal point of view. The judicial commission considers the features and characteristics of each of the shares.
Re-registration is possible only if their area is sufficient. And each owner has at least one room.
After this, a cadastral passport for the property is issued. To do this, you need to contact the nearest Technical Inventory Bureau.
It is permissible to re-register a share by any legal means:
- Sale
- Exchange
- Will
- Donation
The remaining owners must provide notarized consent if the share is transferred in favor of third parties. They are also sent a notification with a list of attachments and additions.
The process of transferring rights to the share can only begin if, after thirty days, none of the co-owners and neighbors decide to purchase it.
Grounds for re-registration of property
Before we talk about re-registration of property, let us establish what ownership means. Civil legislation defines this as the right to use, as well as own and dispose of property. Thus, a person can do whatever he wants with his property - sell, donate, exchange, or even destroy, of course, if this does not cause damage to surrounding people and nature. Section 2 of the Civil Code (hereinafter referred to as the Civil Code of the Russian Federation) is devoted to this right.
Based on the provisions of the mentioned law, re-registration of ownership is nothing more than the transfer to another person of the right to dispose, own, use real estate or other property.
You may be interested in: what are the features of registering ownership of an apartment.
Sometimes it is enough to simply transfer the item to the new owner, and sometimes it is necessary to additionally draw up a written agreement. The latter is relevant for the transfer of ownership of an apartment. Based on the Civil Code of the Russian Federation, the Housing Code, laws regulating property relations, as well as the practice of lawyers, there are five ways to transfer an apartment to another person:
- Purchase and sale - the owner transfers the apartment to another person for a fee (Articles 549 - 558 of the Civil Code of the Russian Federation).
- Donation is a gratuitous transfer of property (Articles 572 – 582).
- Rent - a person undertakes obligations for the care and maintenance of the owner of the apartment or pays a certain amount during the period established by the agreement, and as a result receives it into ownership after the expiration of a certain time or the death of the owner (Articles 589 - 605).
- Exchange - in such a transaction, owners exchange property among themselves (Articles 567 - 571).
- Will - with this method, the apartment is transferred to the new owner after the death of the former owner and inheritance on the basis of a written order certified by a notary or a person specified in the law (Articles 1110 to 1175 of the Civil Code).