Buying a home is an important moment that requires a responsible approach. Both the buyer and the seller need to prepare all the necessary documents. The purchase and sale procedure must take place in stages, in accordance with existing regulations and rules. In order not to fall for scammers, you need to seek help from legal entities who will help you correctly draw up a package of documents and the purchase and sale agreement itself.
Further, the article will discuss how to correctly carry out the procedure for transferring ownership of housing and the nuances of the primary and secondary real estate markets.
What to look for when buying a home
When purchasing real estate and land, the buyer and seller need to pay attention to certain nuances. First of all, you need to find out the year of construction and period of operation of the housing. It is also worth familiarizing yourself with the infrastructure of the surrounding area and plans for its development.
There are a number of technical points that you should pay attention to when choosing a house or apartment:
- The materials from which the house is built (walls, roof, basement, etc.).
- Does the house have water, gas, electricity, internet and electricity?
- What is the condition of the sewerage?
- Legality of building a house.
- Were safety rules violated when choosing a location for the house and during its construction?
- The room heating level in the winter mode of the heating system.
If the question concerns the purchase of secondary housing, then you must review all receipts and extracts from housing and communal services for debts.
Also, if there are additional extensions on the site (bathhouse, garage, veranda, etc.), you should make sure that their placement is legal.
It is necessary to get to know your neighbors and ask them about the features of the area in which the house is located. Such people can tell a lot of interesting and useful information about future housing.
Price issues should be discussed directly with the registered owner of the home, or with the person who represents his rights to the home.
Free legal advice
The dacha has not yet been privatized and is not registered in Rosreestr, but according to documents it belongs to the father and was purchased last year. He wants to transfer it to his daughter, as can be done at a notary. Which deal is better in this case: donation or sale? At his own discretion, the owner has the right to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons. Since the information in the question asked is not enough to give a definite answer, based on the facts mentioned, I can only give some clarifications and suggest options for the development of events based on existing practice. According to Art.
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What documents must a home seller provide to a buyer?
When concluding a purchase and sale transaction for a house, the seller is obliged to provide the buyer with the following package of documents:
- Notarized consent for sale from the seller’s spouse and guardianship authorities (if disabled people, minors or pensioners live in the house).
- Confirmation of the seller's ownership of the house in the form of an extract from the Unified State Register of Real Estate. If there are any encumbrances associated with the house and land (for example, arrests), they are indicated in this document.
- Cadastral passport for land and house.
- Permission to build a house.
Extracts from the Unified State Register will be processed in Rosreestr within about 3 days from the date of submission of the request (this period may take longer). If information needs to be obtained quickly, an extract can be ordered from the Rosreestr API. Through this organization, the necessary information can be obtained within one hour. This service will cost 250 rubles. The received data in the Rosreestr API is official and certified by an electronic signature.
The procedure for re-registration of an apartment
When inheriting an apartment, the process of re-registration slows down significantly and becomes more complicated. Firstly, the inheritance itself cannot be formalized earlier than 6 months after the death of the testator. Secondly, very often there is not the only heir and, even in the presence of a will, lengthy litigation arises.
- Buying real estate is considered one of the most reliable options. It is often simply unrealistic to challenge the transaction procedure, which is based on mutual settlements. In this case, the buyer's rights are protected as much as possible. At the same time, the seller is deprived of the opportunity to refuse the purchase and sale transaction.
- If the basis for re-registering the ownership of an apartment is a gift, then you need to understand that if the donor’s plans change, he has the right to insist on the return of the housing through the court. As for the recipient, he can dispose of it individually, since the re-registered real estate is not considered as joint property and is not included in the property that is subject to division.
- Rent makes it possible to transfer a property to another individual, and the conclusion of an agreement is not tied to family ties. The transaction is settled by paying equal payments for a specific period of time, determined by the clauses of the rental agreement. Purchasers of residential premises under this agreement are faced with constant “claims” from the owner of the apartment, which may result in the cancellation of the original agreement. The help of a notary makes it possible to ensure the interests of the parties to the transaction as much as possible.
- Transferring a property by will or inheritance requires the presence of a list of documents of a standard type, as well as a certificate of death, receipt of inheritance and papers that demonstrate the presence of family ties.
First of all, you need to contact a notary office in order to determine the inheritance mass. Next, at the request of the notary, you need to bring technical documentation. The procedure for transferring ownership rights when inheriting an apartment lasts 6 months. If issues arise with the allocation of shares, they are resolved through participation in court proceedings.
Important! Re-issuing a certificate of ownership of an apartment without a notary is a constructive option when purchasing property in a new building. In other cases, the participation of a notary is required, who will be responsible for a full-fledged property transaction
What procedure should you follow when buying a house with land?
In order for the purchase of a house with land to be successful, you should follow a certain procedure.
First, you should check all the necessary documents and their authenticity together with a lawyer.
Next, you can leave the first part of the amount to the seller, setting with him the day and place for completing the transaction in the Multifunctional Center. You must obtain an electronic ticket from this organization. It is also worth carefully studying the contract with the seller. To submit documents to the MFC, you must pay the state fee for the transfer of rights. Copies of payment receipts must be added to the package of documents. The purchase and sale agreement must be signed and all documents completed at the reception desk. If the purchase and sale process is completed without a mortgage or shares, you can carry out the transaction yourself, if necessary, contact the registrar for help.
When the deal has been concluded and the contract has been signed, the buyer needs to settle the deal with the seller of the house. A registrar must be present during this process. Also, both parties have the right to go to the bank to pay without using cash.
The result of registration at the MFC will be the receipt of an extract from the registrar, which will attest to the provision of original documents by both parties. Such an extract will indicate the actual date of registration of the agreement on the transfer of ownership rights to the new owner (about 14 days).
Why do people buy cottages without registration?
Purchasing a plot with a fully completed house and buildings is a guarantee that no problems will arise later, for example, with sale, donation or inheritance. In addition, registration indicates that the building was built in compliance with all building code requirements.
And yet, unregistered cottages on plots of land are still quite common, and citizens are sometimes happy to purchase them.
Important! In many cases, it is almost impossible to buy a cottage without registration. For example, if a cottage is bought with money from a targeted bank loan. In this case, the buyer should look for an option with ready-made documents.
Naturally, the most common reason for buying land with an unregistered house is the low price. In this case, the object of sale and purchase is land, and the building is only an annex to the transaction.
There are other reasons for buying a house without registration, and they can be classified as very significant:
- Acquisition for the purpose of reconstruction, demolition of a house
. If the house is already registered with government agencies, then adding a new wing or adding an attic is possible only after the process of coordinating actions in various authorities and making changes to the completed documents, which will require a lot of time and money. In turn, an unregistered house can be rebuilt in any way, up to complete dismantling and construction of a new one, and only after that can the registration process be initiated; - Reducing the time required for registering a transaction - the owner simply re-registers the “empty” plot to the buyer. If you insist that the seller first draw up the documents, then during this time another buyer may well appear who will agree to purchase the cottage without registration and, perhaps, will give a better price;
- There is no need for re-registration - registering a new owner is easier and faster than re-registration of all documentation for land and buildings.
Correctly drafting a house purchase and sale agreement
In order for the seller and buyer to have guarantees when selling a house, this process is formalized in a purchase and sale agreement. Only such a document can be an official confirmation of the process of transferring ownership rights to the buyer and his payment of the appropriate amount for the property. In order to draw up this agreement legally correctly, it is necessary to take into account the following nuances:
- The parties are required to sign this agreement on all pages.
- The total amount payable by the buyer is indicated in capital and numeric format.
- The document describes in detail the nuances of the transaction (payment method, currency in which the monetary transaction will be carried out, consequences of late payment of the buyer's obligations).
- The contract clearly states the obligations and rights of both parties.
- It is necessary to provide information about when the previous owners will move out of the house and a list of all things that will become the property of the new owner along with the house.
- This agreement is duplicated in 4 copies (one each for the seller, Rosreestr, MFC and buyer).
Roots of the problem
At the end of the last century, many of our fellow citizens built houses without worrying about registration and various approvals. The reason for this situation is the complex registration process and the large amount of time it takes.
For a long time, no checks were carried out to determine the legality of unregistered buildings, and citizens simply built houses without registering them anywhere. Many of them remain unregistered to this day.
However, with the entry into force of the law on dacha amnesty, the problem ceased to be relevant. The process of registering ownership of dachas and garden houses has been simplified and the time frame has been reduced. Now the entire registration process takes no more than a month and a half, so it is extremely rare for more modern buildings to be unregistered.
What amount should be included in the purchase and sale agreement for a house?
After changes were made to the tax regulations for the sale of real estate in 2021, the terms of ownership for carrying out the corresponding transaction without a refund of income tax in the amount of 13% have changed. The tenure period was extended from 3 to 5 years. If the seller owns the house for up to 5 years, he can offer the buyer to indicate the price in the contract is less than 1 million rubles. The second party has the right to refuse such an offer. If the amount specified in the contract is less, then the tax will be charged on 70% of the cadastral price of the property.
In the case where the contract specifies a cost of more than 1 million rubles. the buyer will be required to pay the seller 13% tax on this amount. From an economic point of view, this situation is not profitable, since the money will be invested now, and it will be possible to withdraw it in parts over several years and only if the income tax was not withdrawn earlier.
Donation agreement
As for the donation procedure, the situation is exactly the same. It is impossible to donate a house without adjacent land. From the point of view of the law, these are the same property. But even here it is allowed to divide the land into parts and donate one of the parts (as described above). You can divide a plot by assigning each of the new plots its own cadastral passport and address. Naturally, minimum dimensions must be observed. The rest of the procedure follows the standard scheme using a regular gift agreement. In this case, you can only donate one of the new real estate objects. For example, part of a new plot, or a house with the remaining land.
What costs might you incur when buying a home on your own?
If you buy a house yourself, then the costs for completing the purchase and sale process will be different. For the initial verification of documents, you need to pay a lawyer’s services in the amount of 1-2 thousand rubles. Then it is necessary to conduct an independent assessment of the value of the property, which will be about 3-10 thousand rubles. The buyer will also need to pay a state fee of 2 thousand rubles.
The total cost of completing the purchase and sale process yourself will be about 10 thousand rubles. If this is done with the help of real estate agencies, then the buyer will have to pay at least 50 thousand rubles for the entire process.
How to re-register a private house
Ways to re-register apartments. What to do or not to do... Transferring an apartment from one owner to another is a rather troublesome procedure. You need to collect a bunch of certificates, pay taxes, notary fees and registration fees. It may suddenly turn out that due to a couple of inconsistencies in the documents that were not noticed in time, you cannot dispose of the apartment at all, or this may complicate and delay the entire re-registration process.
In the modern world, residential and commercial buildings, garages, and land plots become not only good material support, but, sometimes, also the main sources of income - they can always be sold or rented out. And this purpose of the property makes it even more valuable. Even the premises intended for a car have now acquired much greater value, although they have always been in short supply. Few modern people can imagine themselves without a car, and renting or buying a good garage remains a very pressing issue, and garage premises themselves are a sought-after product and a coveted piece of real estate.
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Re-registration of an apartment to another owner We take into account all the nuances of various methods Usually, when they talk about re-registration of an apartment, we are talking about transferring the property into the ownership of their loved ones. However, ownership rights should also be re-registered in the event of transfer of real estate to third parties. Sometimes, transactions that are standard for outsiders are also drawn up between close relatives, it all depends on the circumstances and the goals pursued. Let's talk about this in more detail. Options for re-registration of rights to real estate There are six main options for re-registration of real estate to other people. Some of them are used mainly by relatives, but other options can also be used to transfer property to loved ones.
VIDEO ON THE TOPIC: What documents are needed for the purchase and sale of land
What risks may arise when buying a house on your own?
When selling a house, you want to earn more, and when buying it, you want to save as much as possible. But when saving, you need to know when to stop, as this can lead to subsequent problems and additional expenses.
For example, the choice of buying a house fell on the cheapest option. But as a result of purchasing and using the house, it turned out that it had serious problems with the foundation, which endangered further living in it. Or, when choosing a house, the buyer was assured that the laying of the gas pipeline and installation of the ShRP would be carried out according to the Federal program, but it turned out that this task concerns the owners of the house.
Purchasing the most budget real estate option is one of the types of emotional purchases that are made in a hurry. In such a situation, few people will care about the correctness and accuracy of all documents.
How to buy or sell?
Another option is to purchase a house, but not with all the land, but only with part of this plot. This is quite possible. But this requires the entire plot to be divided into shares that will be sold. This is done through demarcation. Each of the new parts will have to receive its own cadastral passport and number, as well as an address. In this case, only the plot on which the house is actually located can be sold.
But this is only possible if the smallest dimensions of the land are met. They may vary depending on the region of the country.
There are also situations where the land under the house is not formalized at all. For example, if it is government-owned and belongs to a specific department. In the future, it will be possible to contact this department and rent a plot under the house or only part of it. And if possible, then buy it back.
But even with this development of events, the owner of the house still has the right to use the land, at least to the extent necessary to maintain the building he owns.
Buying a house on the primary market
The primary real estate market offers its buyers new houses and apartments in which no one has lived before. Buying a home in such a market has its advantages.
Firstly, if this is the purchase of an apartment in a new building and no one has lived in it yet, then to register ownership of it you will need fewer documents than for secondary housing.
Secondly, the owner of the primary home can remodel the new apartment as he pleases. This will be much easier and cheaper to do than carrying out such an operation in a secondary home.
Thirdly, in new housing, repairs will most likely cost less, since major capital works will not have to be carried out.
From a commercial point of view, it is more profitable to buy new housing or build a new house. Renting them out can bring more income than secondary real estate.
Near new residential areas, the surrounding infrastructure is often actively developed. They are building hospitals, supermarkets, and installing new stops for public transport.
But there are also disadvantages to buying fresh real estate. Very often, the construction of houses is delayed, this is due to paperwork and other factors. Expected occupancy may occur much later than planned.
There is a risk that before the construction of the house is completed, the construction company will go bankrupt. Registration of documents for the purchase and privatization of new housing often takes a lot of time. You will also need to wait out the period when all the new residents will be making repairs. If we talk about blocks of private houses, then similar situations may arise with them.
How much does it cost to redecorate a house?
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From Ukrainian documents to Russian ones.
How much does it cost to remodel a house? How much does it cost to re-register a private house using a deed of gift if the owner of the house has died? How much does it cost to re-register a share of a house?
(remaining after the death of his father) on himself? Now I am registered alone in this house. I am the only heir. Please tell me how much it costs to convert the dacha into residential premises.
House. Tell me how much it costs to register a house, 2 years have passed since the death of the owner! How much does it cost to re-register part of a house with an area of about 30 sq.m. in Crimea from Ukrainian to Russian legislation?
Definitely not necessary, approximately. Thank you.
The question is, the house would be a collective farm house, but if I worked there for 10 years, the house would go into private ownership, it turned out to be my father, but he died in 2009 and we Please tell me if the house is at all for my mother, just when she moved her mother from Kazakhstan to Russia she I registered the house in the name of my mother so that she could get gr. How much does it cost to re-register a house and land privatized in Ukraine?
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