The sale of property in Russia affects many citizens. People constantly sell and buy things. And real estate as well. In order to competently conduct transactions, you have to conduct preparation. For example, today we will find out what documents are needed when selling an apartment. We have to find out all the features of concluding relevant agreements. Ultimately, every citizen can easily buy or sell housing.
Ways to conduct a transaction
First, a person will have to figure out how to sell property. The success and speed of concluding the contract depends on this.
The seller may act:
- through intermediaries (agencies);
- completely on your own.
In the first case, there is no need to think about what documents you need to provide when selling an apartment. Real estate agencies help form packages of papers. Some firms issue lists to their customers that list all the possible documents needed in the long run.
However, this option is not always used. Intermediaries charge a seller a fee for their services. Therefore, some decide to act on their own. The question of what documents need to be prepared for the sale of an apartment in this case will be very worrying. And not in vain. After all, potential buyers in dealing with apartment sellers run the risk of encountering scammers. In addition, an incomplete package of securities makes the conclusion of an agreement of the established form impossible.
Briefly about the sale with an intermediary
A little later we will consider the documents that are asked from the landlord when selling it. First, find out how the deal is concluded.
Let's start by contacting the intermediaries. In this case, the whole process looks like this:
- Preparing an apartment for sale.
- Collection of documentation for the implementation of the task.
- Contacting the selected real estate agency.
- Waiting for customers. At this point, you can make appointments with potential buyers.
- Demonstration of the apartment.
- Clarification of the features of the transaction.
- Signing an agreement to sell an apartment.
- Transfer of property for use by the new owner.
It is done. After that, the new owners of the property will only need to transfer the money, if this has not been done before, and then re-register the rights to real estate in the State Register.
We sell the apartment ourselves: instructions
What documents do I need to collect for the sale of apartments? To begin with, we will study the algorithm of actions when selling property on our own.
In general, you will have to act in the same way as in the situation described earlier. The difference is that the owner himself is looking for customers and places ads.
People who decide to sell housing on their own should:
- Bring the property in a presentable appearance.
- Take photos of the apartment from different angles.
- Generate a package of documents for the transaction.
- Place sales announcements wherever possible.
- Show apartment to buyers.
- Draw up a contract of sale. During the show of the apartment, you can discuss the key points of the operation.
- Contact the prepared notary public.
- Sign a property purchase agreement.
- Get money for property.
- Issue a receipt on receipt of funds. It is better to issue it in the presence of witnesses or a notary public.
- Draw up and issue an act of acceptance and transfer of real estate to the buyer.
You may notice that the process of self-sale does not cause any difficulties. Especially if the landlord has legal knowledge. Then the contract of sale can be drawn up according to all the rules. So that he does not violate the current legislation of the Russian Federation.
Main components
What documents are needed when selling an apartment? The package of papers will vary depending on the situation.
First of all, we will get acquainted with the documentation, which should be prepared under any circumstances. This is about:
- passports of apartment owners;
- sales agreement;
- cadastral passport for housing;
- statement of family composition;
- technical passport of property;
- certificates of ownership of real estate.
But this is only the beginning. This package of documents is suitable only for cases in which the property belongs to only one person, provided that the property is the personal property of the seller.
Marriage and joint objects
What documents are needed when selling an apartment? Consider the situation when it comes to joint property. More precisely, about real estate acquired in a marriage.
In such circumstances, the seller must supplement the previously proposed list of securities:
- certificate of marriage / divorce;
- consent of the spouse to the transaction;
- marriage contract (if any).
A second paper is optional. In Russia, the “default” spouse agrees to transactions with common property. But if the husband / wife is against, then in the absence of a written consent to sell the apartment, the contract can be canceled in court.
Shares in the apartment
What documents need to be prepared for the sale of apartments with several owners? In this case, not spouses are meant.
To sell the entire apartment, the seller needs:
- consent from the owners of the apartment;
- passports of all property owners.
To realize only your share, you do not need to ask permission. But the seller must first offer a ransom to the co-owners. Those in writing either refuse the transaction, or enter into a contract of sale.
Accordingly, in order to realize the share of the apartment through the sale, you will have to attach refusals from the repurchase. Sometimes co-owners "play silent", not wanting to buy property and not allowing the offeror to conclude a deal with third parties. There is a way out of this situation. But more on that later.
Owners are children
It is problematic to sell housing owned by minor children. Troubles arise even when the kids have only a share in real estate.
What documents are needed when selling an apartment with children? Parents need:
- birth certificates;
- permissions from guardianship authorities for the transaction.
It is the second paper that causes trouble. It is not always issued. Custody will check the information about the transaction, as well as take into account the interests of children. If the apartment of minors is sold “just like that”, the operation will be banned.
The thing is that when selling the property of children, parents must transfer to the wards the same or larger property. If this does not happen, the transaction is easily canceled.
It is not necessary to apply for guardianship only in exceptional cases. For example, if a family gets rid of real estate due to moving to another city or country. But these circumstances will have to be proved.
After 2017
We found out what documents the seller needs to sell the apartment. It is worth paying attention to the fact that from January 1, 2017 in Russia there are some changes. They have simplified the process of collecting securities for real estate transactions.
Now, without fail, the owner needs an extract from the real estate register. She replaces:
- cadastral and technical passports;
- certificates of property rights.
Moreover, the listed three papers are no longer issued. Making an extract takes a minimum of time. It is better to order and receive it before the demonstration of the subject of the transaction to customers.
Consent
A few words on how to properly issue a consent to the sale. This instruction is suitable in the case of the property of the spouses, and in the sale of real estate with several owners.
To create a study paper, you will have to:
- Prepare a passport and property certificates.
- Contact a notary.
- Draw up and sign a consent to the transaction.
- Take a certified copy of the documentation.
An operation usually takes a few minutes. Spouses will also have to attach a marriage certificate. This is the only way to avoid problems in the future.
If the owners are silent
What documents do the owner need to sell the apartment? We have already studied the list of relevant papers. But what if we are talking about shared ownership? Suppose that the co-owners do not want to give consent to the ransom. What then?
Have to take advantage of a little trick. It will allow the owner not to receive refusals from the redemption legally.
So what should the seller do? Necessary:
- Make a proposal for the sale of shares.
- Send the document by registered mail with notification of receipt.
- Wait 1 month.
If no answers to the proposal have been received, you can easily sell the property. The main thing during the conclusion of the transaction is to attach evidence that the co-owners were informed about the upcoming operation. A registered mail notification is perfect.
Family composition certificate
Thinking about what documents are needed when selling an apartment, sellers often forget about the certificate of family composition.
This document indicates all residents registered in the apartment. Ideally, at the time of the transaction, no one should live in the property.
A passport statement is issued at passport desks, MFCs, FMS, migration services and management companies. Typically, the time taken to produce the documentation takes only a few minutes.
Extracts from the registry
We decided what documents to provide when selling an apartment. Where can I get an extract from the USRN?
Help is issued in:
- MFC;
- Rosreestre;
- cadastral chambers.
On the website of the State Service, as well as through the Rosreestr page, you can also order the relevant documentation. The cost of paper is about 450 rubles. Issued within 5 days after contacting the registration authority.
A citizen must have a passport and a title document for real estate with him. Then there will be no problems with issuing an extract.
Going to custody
Do I need a declaration when selling an apartment? What documents are needed for the operation, we have already found out. The declaration is submitted to the Federal Tax Service at the place of residence of the owner. With its help, personal income tax is paid.
To sell the property belonging to the child, you need to contact the guardianship at the place of residence of the minor. Parents require birth certificates, real estate documents and a request for housing.
Further, the process looks like this:
- Apply for an apartment for sale.
- Submit an application for the purchase of property. You can immediately draw up gifts for children on your property.
- Wait 10-15 days.
- Get hands on response from the OOP.
That's all. Now everyone can easily sell any housing. What documents are needed after the sale of an apartment? The applicant is asked for an extract from the USRN, an agreement on the purchase of property and a passport.