Citizens can get property in various ways. For example, by their inheritance or purchase under the relevant agreements. And far from always housing remains in the family. Sometimes you want or need to get rid of him. Say put up for sale. Such transactions are accompanied by serious paperwork. We will talk about it later. What documents are needed to sell an apartment? Where to get them? And how do you sell property by selling it? The answers to all this and not only will be necessarily discovered below. With the right approach to the issue and timely preparation, the procedure will bring a minimum of trouble.
Ways to sell
What documents are needed for buying and selling an apartment? It is difficult to name the exact package of papers. After all, it directly depends on the situation.
To begin, consider ways of selling property through the conclusion of sale agreements. You can make a deal:
- in the home;
- through intermediaries.
The second option is less problematic. Real estate agencies will help to form a package of papers for the operation, and to find buyers, will accompany the signing of an agreement in the established form. But intermediaries ask for an additional fee for their work. On average, it is 50,000 rubles. For some, this is a serious margin.
Then you can find buyers and enter into an agreement yourself. This technique is more time consuming, but it is almost free. And just at such moments, citizens think what documents the owner needs to sell the apartment. Next, we consider packages of papers, as well as methods for obtaining them.
We sell an apartment with intermediaries
But before that, we’ll study a few simple instructions for real estate sales. They will be useful to every owner.
The first way to sell housing is to work with real estate agencies. In such circumstances, a citizen will need:
- Prepare an apartment for sale.
- Generate a package of documents for the transaction. Better to do it in advance.
- Contact a real estate agency.
- Wait for a meeting with customers.
- Discuss the features of the transaction.
- Sign the contract accompanied by lawyers of the agency.
- Renew ownership in Rosreestr.
In reality, everything is much simpler than it seems. True, it sometimes takes months to find buyers. In any case, a list of documents for the sale of property will be issued by a real estate agency. They will tell you how to properly prepare the paper for the transaction.
Personal sale instruction
What documents are needed for buying and selling an apartment? Their list is diverse. And it does not depend on the method of conducting the transaction.
Nevertheless, each owner must know how to independently sell the property. This is not so difficult. Time-consuming, but no more.
Guidelines for the conclusion of the transaction include the following steps:
- Preparation of real estate for sale - redecorating, cleaning.
- Collection of papers required for the operation.
- Placement of sales announcements and search for buyers.
- Demonstration of an apartment to citizens.
- Negotiating features of the transaction.
- Drawing up a contract of sale.
- Visit to the notary's office.
- Conclusion of an agreement on the sale of property.
That's all. As already noted, under any circumstances, the owner will have to prepare papers to complete the transaction. But which ones?
The main list
What documents are needed for registration of the sale of an apartment? Let's start with a general list of what is required under any circumstances.
What components cannot be dispensed with in the process of real estate sales? Mandatory citizens should take with them:
- identity cards (buyer and seller);
- property purchase agreement;
- certificate of ownership of the apartment;
- technical passport of the facility;
- cadastral passport of real estate;
- certificate of family composition.
This obligatory documentation ends. But as a rule, real estate transactions are accompanied by serious paperwork. It is often associated with the versatility of life. And for each family, therefore, a different package of documents will be needed.
Joint or shared ownership
Very often there is joint or shared ownership. Or situations when the apartment has several owners.
Are you planning the sale of an apartment? What documents need to be prepared to translate ideas into reality?
The basic package of securities with shared ownership is supplemented by:
- agreements of all owners for the operation;
- refusals to buy back a share of an apartment for sale.
It'll be enough. Sometimes the owners do not consent to the operation. This is a dead end case. Without the permission of the other owners, selling an apartment will not work. But the citizen can realize his share.
Before this, you will have to offer a redemption of property to co-owners of real estate. If they are opposed (or silent), then you can just look for buyers and conclude an appropriate contract.
The way to deal with the "silent"
What documents are needed for an apartment sale transaction? We have already met some papers. But what if the property is in shared ownership, and the co-owners avoid talking about buying back the share?
To further operations do not violate the current legislation of the Russian Federation, you will need:
- Create an alert on the sale of shares in the apartment. In the document, register all the nuances of the operation and the cost of ownership.
- Send a buyback offer by registered mail with receipt of receipt.
- Wait for an answer 1 month.
If more than 30 days have passed and the co-owners have not decided whether they will redeem the share, you can simply attach a notification of receipt of the notice to the prepared package of securities. Further, the transaction is implemented according to generally accepted rules.
Married
You will have to behave somewhat differently when it comes to selling property acquired in a marriage. Regardless of who the apartment is registered for, it will be considered joint property.
What list of documents is needed when selling an apartment? In this case, the mandatory package of securities is supplemented by:
- certificate of marriage;
- divorce certificate (if any);
- consent of the spouse to the transaction (optional);
- marriage contract (if any).
It is worth paying attention to the fact that in Russia you can do without the consent of your spouse for sale. A law is in force indicating that initially the husband and wife agree to transactions with common property. However, if the spouse is against, he will be able to cancel the transaction through the court. But only on condition that he did not give his consent in writing to the transaction.
Consent
Any consent to the sale of property will have to be in writing. It is better to certify the document with a notary. This is the only way to prove the validity of the paper.
To obtain consent for the sale (to the co-owner or spouse), you will have to:
- Take along the documents for the apartment and passport.
- Go to the notary's office.
- Write a consent to conclude a transaction.
- To notarize the document.
It is best to create multiple copies of the documentation at once. After the actions taken, the certificate will have legal force. So, the sale of real estate will not cause any trouble.
With small children
Do you want to conclude a contract of sale of an apartment? What documents are needed for this, we have already found out. But the package does not end on the listed securities.
More and more often minors become property owners. In this case, parents who decide to sell the apartment will have to try hard.
The previously proposed package of papers will be supplemented by:
- birth certificates of all child owners;
- passports of minors (if any);
- certificates from the places of residence of children;
- an act of guardianship authorities authorizing a real estate transaction.
In fact, selling an apartment that a child partially or fully owns is problematic. After the transaction, parents will have to transfer to the minor a similar or larger territory. Therefore, it is far from always possible to solve the problem without problems.
Only in exceptional cases does the permission of custody of the transaction be required. For example, when a family moves to permanent residence in another city / country. But such circumstances still have to prove.
We are in custody
A few words about how to apply to the PLO for permission to deal with property. You will need to do this in advance. It is advisable to first find buyers, but to warn them about contacting guardianship.
Next, you have to act like this:
- Take documents - birth certificates of children, certificates for the apartment.
- Write a request for permission to sell the property.
- At the same time draw up a document on the purchase of new housing. Or indicate that a deed of gift for a particular property will be written on the child. She must be real.
- Contact the relevant papers in custody.
- Wait for a response from the mentioned service.
The request is considered from 14 to 30 days. Only after the guardianship authorities allow the transaction, it is possible to execute its execution. Until this moment, the contract for the sale of property will not have legal force.
Innovations for citizens
Want to sell an apartment? What documents are needed in 2018 to translate ideas into reality, we have already found out. But since 2017, some changes have been in force in Russia. They simplified the process of preparing for any real estate transactions a little.
The thing is that from 01.01.2017 cadastral passports, as well as certificates of ownership of real estate are not issued. They are replaced by an extract from the USRN. Now, for transactions with property will have to order this particular paper.
It is issued indefinitely, but it is better to draw up fresh copies of documentation before the transaction. Otherwise, the operation may not be carried out - because of doubts about the validity of the documentation.
Where to get a certificate of family composition
Perhaps this is all. Now you can find out where to get some of the listed papers. We found out what documents are needed to sell the apartment.
At the time of the transaction, the homeowner must have a certificate of family composition. This documentation indicates all citizens registered on the territory. Ideally, there should be no tenants.
You can order a certificate at the passport office, at the Federal Migration Service, or at the management company that provides house service at a particular address. The owner of the apartment must have a passport with him. It is enough to ask the employees of the relevant services for documentation. It will be issued in just a few minutes.
Receiving a USRN statement
And how to get a certificate from the real estate registry? This is a more important issue. Without appropriate paper, confirming your property rights is problematic. Sometimes impossible. This means that the transaction for the sale of property does not take place.
You can apply for a USRN statement at the MFC or at the Rosreestr. Through the official website of the aforementioned service, as well as through the "State Services", it will also be possible to realize the idea.
Required:
- Write a statement to issue an extract.
- To prepare documents - an identity card, documents of title (if any).
- Pay the transaction fee.
- Submit a request to the registration authority.
- Get your hands on a ready reference sample. It is issued in about 5-10 days.
The cost of issuing a certificate of the established form averages 400 rubles. An electronic analogue will cost 150-250 rubles. Without a fee, a statement of the established form will not be issued.
Summary
We found out what documents are needed to sell the apartment. The property purchase agreement should not be forgotten either. It is better to compile with experienced lawyers.
As practice shows, people are increasingly turning to intermediaries to sell property. This is the simplest, albeit very costly solution. Some companies even help sellers collect paper to close a deal.