Cost of registration of ownership of an apartment upon purchase

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• Registration of ownership of the apartment through a notary.

Most actions for the alienation of real estate do not require notarization; they can be concluded on the basis of a simple agreement. However, according to statistics, the registration of an apartment purchase and sale transaction with a notary occurs in more than 40% of cases.

It is important to know that notarial transactions are also contested in court and are not an unconditional guarantee of purity and legality.

In what cases should the registration of an apartment be done by a notary?

Regulations No. 172-FZ dated June 2, 2016 provide a list of transactions that must be certified by a notary.

1. Re-registration of shares in the ownership of an object.
2. Alienation of real estate, where the guardianship and trusteeship authority is necessarily involved. This could be an apartment, a house or part thereof that belongs to a child, a minor or a person under guardianship.

Also, the registration of an apartment purchase and sale agreement with a notary requires:

• a marriage contract appears;
• annuity agreement.

Other purchase and sale transactions can be concluded without notarization. Note that all the same, as part of the purchase process, specific notary services are required:

• to certify a copy of a marriage certificate or other documents;
• registration of inheritance;
• assurance of the consent of the second spouse.

The presented documentation is needed for the purchase and sale of a house or apartment. It should be submitted to Rosreestr for state registration of ownership of the purchased housing.

As part of an initial consultation with a notary, a person can obtain free information on the following points:

• what will be required to buy an apartment;
• legislator requirements for the identity of the seller and buyer;
• procedure for carrying out the transaction;
• rights and obligations of the parties;
• the interests of which persons are affected.

Since August 1, 2020, changes have been made to a number of legislative acts. In Art. 42 No. 218-FZ, amendments were included, according to them, without notary support it will be possible to conduct transactions for the alienation of real estate, which is divided into shares.

Such transactions are possible if the property is sold in its entirety under one contract. Then purchase and sale, barter, donation can be concluded in simple written form. Further, the agreement is submitted to Rosreestr. This allows you to avoid registering the purchase of an apartment through a notary. And save citizens 20-25 thousand rubles, which would go towards paying for his services.

Registration of purchasing an apartment

Registration of the purchase of real estate, including apartments, is carried out in writing. This transaction is formalized - a purchase and sale agreement and an acceptance certificate.

The law requires a mandatory written form of the contract. No verbal agreements on the purchase and sale of real estate and even a handshake can be added to the “deed”, only written down on paper, and even in accordance with the requirements of the law.

Preparation of documents when purchasing an apartment

Let's first figure out what documents need to be drawn up and signed by the parties to the purchase and sale transaction.

Real estate transactions are multi-stage and are not completed in one day, except with rare exceptions.

-Because it is necessary to exclude situations of refusal to register the ownership of the Buyer, suspension of registration, as well as the contestability or even nullity of the transaction. After all, a contested transaction may be declared illegal by the court. And this entails large financial losses.

- Well, while I’m figuring this out, they’ll already buy the apartment, the price is good!

In order not to miss out on the apartment, but at the same time reduce the risk of losing money, at the first stage of the transaction, relations between the participants are sealed with a Preliminary Sale and Purchase Agreement.

-Well, this is additional red tape and everything has already been agreed upon.

-Weigh the “mass” of red tape and the “mass” of financial losses in case of termination of the deal and your laziness “will go away”)))

The procedure for completing documents when purchasing an apartment

The first stage of the transaction is registration:

• preliminary purchase and sale agreement,
• deposit agreement
• receipts confirming that the seller has received money from you

-Only three documents! And they can be compiled using templates or the Contract Builder.

To make this easier for you, watch the author’s video consultation

Registration of apartment purchase. What documents are needed

• passport
• birth certificate for a child under 14 years of age
• notarized power of attorney, if a proxy is involved in the transaction
• marriage certificate, if the property is registered as the joint property of the spouses
• notarized marriage contract, if spouses register real estate in common shared ownership
• certificates for receiving subsidies (if they are involved in the transaction
• loan agreement and mortgage, if the apartment is purchased using loan funds
• notarized consent of the spouse to pledge the apartment in favor of the bank (if he is not involved in the transaction)
• purchase and sale agreement and transfer acceptance certificate (at least 3 copies, one of which for the Rosreestr archive)

Documents from the seller:

Attention! If the sellers own the property on the right of common shared ownership or the owner of the property is a minor or incompetent, the purchase and sale agreement must be certified by a notary!

• passport
• notarized power of attorney, if a proxy is involved in the transaction
• Marriage certificate
• notarized consent of the spouse for the sale (if the property was registered in the name of one person)
• title documents and certificate of state registration of rights (if any)
• to submit a technical passport and cadastral passport to Rosreestr (MFC) !

Preparation of documents when purchasing an apartment in a new building

If an apartment in a new building has a registered title to the developer or construction contractor, see the previous section.

If this is a property under construction, read the article: Registration of a new building

How much does it cost to complete documents when buying an apartment?

Registration of purchasing an apartment on your own only involves paying a state fee.

• For registration of property rights - 2000.0 rubles
• For registration of the Equity Participation Agreement - 350 rubles
• For registering a mortgage - 0 rubles
• For making changes to the USRN records (when changing the seller’s last name) - 350 rubles
• Certification of the purchase and sale agreement by a notary 0.5% of the price, but not more than 20,000.0 + services for drawing up an agreement + services for transmitting documents to Rosreestr in electronic form (at the request of the parties to the transaction)

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Greetings from the author of the site materials

I am glad to welcome you to my author’s website “Real Estate Transactions in Russia”.

My name is Slobodchikova Olga Dmitrievna. Since 2006, I have been supporting complex and very complex real estate transactions and am glad to share my experience and knowledge with you. I oversaw more than 1,000 transactions, in 250 of which, I went with the client all the way to registering property rights “hand in hand.” None of my transactions were disputed.

In only one transaction, my client lost the deposit, only because he himself postponed the purchase for a longer period due to family circumstances. But of course, I was warned about the non-refundability of the deposit until the agreement was signed and the money was transferred.

This site contains 335 of my articles, from which you will find answers to key questions about real estate transactions and property registration in accordance with the latest changes in laws and procedures.

What is needed to formalize the purchase and sale of an apartment through a notary.

You can formalize the purchase and sale of an apartment yourself or through a notary. Registration with a specialist saves participants from wasting time, checking all the papers, and diving into legal aspects. All you need to do is prepare the necessary list of documents and give them to a notary for examination. Next, he will draw up a contract, certify it and register the transfer of ownership.

Necessary documents to complete the transaction.

For Rosreestr you will need:

1. Passports of each participant. You will also need to provide birth certificates for minor children.
2. PrEP.
3. Written permission from OOiP. You must attach the original and its copy. It will be required if the participants are minor children or incapacitated persons.
4. Consent of the second spouse to sell the apartment. It must be notarized, this costs approximately 1,500 rubles.
5. Power of attorney. Attached along with the passport if one of the parties is a proxy.
6. Certificate of marriage or divorce.

You may also need additional papers:

• Technical passport for the premises. It certifies the technical parameters of the housing and the plan. It can also be used to determine whether there are any illegal alterations in the apartment;
• Extracts from personal account. They can show that there are no debts for utility bills. Provided by the management company free of charge;
• Deposit agreement with receipt. If the buyer changes his mind about buying, the deposit remains with the seller. If the seller changes his mind about selling, he returns the deposit double. The contract also stipulates force majeure, in which case the deposit is returned in the same amount. The average value is 50,000 rubles;
• Form 12, extract from the house register. They contain data about persons who were registered in the apartment and/or were discharged temporarily. You can also find out if there are people who can register after returning from MLS;
• Certificate from the IPA. Usually taken by the seller. It certifies that the person is not registered;
• Certificate from the drug treatment department. It confirms that the person is not registered, and there is no risk that his actions will be challenged in the future;
• Ownership documents. We are talking about an extract from the Unified State Register of Real Estate;
• Legal documents. This could be a privatization agreement, an inheritance agreement, a will, a written agreement, etc., which confirm the method of transferring ownership of the property to the seller.

Cost of notary services.

In general, the cost of registering a transaction with an apartment with a notary consists of two points:

1. Notary fee, which is calculated based on the value of the object.
2. Legal and technical work. In other words, this is payment for labor as part of the transaction.

The tariff rates are as follows:

• the cost of the object is up to 1 million - 1% (from 300 rubles);
• the cost of the object is 1-10 million – 10,000 rubles + 0.75%;
• the cost of an object above 10 million is 77,500 rubles + 0.5%.

It is important to take into account that if notarial actions are carried out outside the office, then the tariff increases at a rate of 1.5. It is interesting that the legislation does not establish the circle of persons who will bear the presented expenses. More often they fall on the shoulders of buyers.

If we talk about work of a legal and technical nature, then registering an apartment with a notary involves the following work:

• assurance of the policy;
• power of attorney services;
• services for verifying the consent of the spouse;
• services of photocopies of papers, their filing;
• verification of documents.

The price of registering an apartment with a notary in Moscow and other regions of the Russian Federation includes the listed types of services. Separately, they can cost from 10,000 rubles.

Who will guarantee that the transaction was clean?

Representatives of the real estate and development community have already expressed their point of view on the likelihood of introducing a rule on mandatory notarization of real estate transactions, and they are not particularly optimistic. What do notaries themselves think about this initiative?

“No one works faster than a notary now”

And notaries themselves assess the impact that this norm can have on the market as positive, and consider its introduction very timely. “There are a huge number of fraudulent activities taking place in the real estate market, and this is confirmed by stories and publications in the media, which regularly talk about new victims of “black realtors,” says Alexander Sagin, head of the legal service of the Federal Notary Chamber . — A year ago, everyone was shocked by the story of director Tamara Yakzhina, who disappeared at the end of March 2020. Then the relatives discovered that the apartment of the murdered Tamara Germanovna was put up for sale.”

And most often, the victims of scammers, the expert develops, are those who chose a contract in simple written form. Many people mistakenly believe that such transactions are faster and cheaper, without thinking about what they will have to pay in case of fraud, and not realizing that no one checks the authenticity of the documents or the will and expression of the parties to the transaction. And the main thing is that no registration authority is responsible for the transaction. “By the way, they often try to drag a notary into such stories,” notes Sagin. “True, then, as a rule, it turns out that the notary had nothing to do with the transaction, and the maximum that can appear in the case is a power of attorney certified by him, say, to collect documents.”

But the Federal Notary Chamber has repeatedly drawn the attention of citizens to the following point: the presence of such a document in a transaction does not mean that the notary in any way certifies this transaction itself and is responsible for it. And in order to take advantage of all the benefits that the notarial form of a transaction provides, you need to contact a notary to certify the transaction itself, and not the power of attorney for its implementation.

Read on topic

Have you received an inheritance? Get rid of it immediately! They want to legally oblige Russians to sell inherited property

“SP”: — And what exactly are these advantages?

— It is impossible to conclude a transaction through a notary without the personal presence of the owner, who is of sound mind and fully aware of the consequences of the transaction. The notary will find out the will of the parties and check whether the content of the transaction corresponds to the will of the citizens. The notary guarantees the legality of the text of the transaction. If the authenticity of the documents presented or something in the behavior of the people who came to him raises doubts in the notary's mind, he will refuse to certify the transaction. The notary is responsible for every notarial act performed. If damage is caused to citizens through the fault of a notary, the notary will compensate it in full (this norm is enshrined in law by Article 17 of the “Fundamentals of Legislation on Notaries of the Russian Federation”). Each notary has personal insurance, there is also collective insurance of the regional notary chamber, in addition, the notary is liable with all his personal property in case the insurance amounts are not enough to cover the damage. There is also a Compensation Fund of the Federal Chamber of Notaries, from which payments will be made in the event that previous levels of insurance cannot cover the damage.

“SP”: — The advantages are clear, but some of our readers are interested in more mundane specifics. Tell me, will a notary be able to 100% guarantee the purity of a real estate transaction or not?

— To be honest, no deal can be guaranteed 100% by any existing institution. Neither the real estate community, although this is repeatedly stated in their advertising, nor the institute of state registration of rights. They do not have the same financial responsibility to the parties to the transaction that, as a result of the four-stage system of financial protection of the interests of the parties to the agreement, the notary and the notary community as a whole have today. Let me remind you that a notary is the only specialist in the field of real estate turnover who, by virtue of the law, bears full financial responsibility for his professional activities.

Therefore, the caution of those participants in the real estate market who, despite the optionality of the notarial form, still turned to a notary, is welcome.

The notary, for its part, will be able to 100% guarantee verification of the authenticity of title documents issued by a notary, including through the Unified Notary Information System, as well as verification of the presence of state registration of rights and encumbrances through direct interaction with state registers and other information resources that it does not have real estate community.

The fact that for more than 20 years the simple written form of contracts was actively promoted in the real estate market, while their reliability and authenticity were not guaranteed by anyone, really increases the risks of professional liability of notaries, since as a result of these 20 years the problem of possible contestability of previously concluded transactions arose. But, nevertheless, when notarizing transactions, the notary takes all possible measures to protect the stability of the contract.

“SP”: — Some representatives of the real estate community are of the opinion that the introduction of a rule for mandatory notarization of real estate transactions, among other things, will significantly complicate the very system of sales of primary housing and secondary housing.

- On the contrary, it will simplify it. A notary today works in a “one window” mode. He independently receives information from the Unified State Register of Real Estate and the State Real Estate Cadastre. Can also submit documents for state registration. When submitting documents electronically, registration will take one day, when submitting on paper - three days.

In addition, citizens are offered a convenient, safe and reliable tool for making payments on a transaction - a notary deposit, which can replace the archaic system of payments through a safe deposit box (using it, by the way, is cheaper). The buyer transfers money to the notary's deposit account, and he, in turn, after receiving documents confirming the transfer of ownership, transfers it to the seller.

In addition, from this year the deposit has become even more reliable; it is now protected from bank bankruptcy. If a credit and financial organization “bursts,” the funds in this account will not be included in the bankruptcy estate, but will be immediately returned to the notary, who, in turn, will transfer them to the owner.”

As you can see, contacting a notary not only saves you from unnecessary legwork and significantly reduces the time costs of citizens, but also allows you to avoid the need to seek the services of intermediaries, who promise to speed up the process. Today, no one can complete a transaction faster than a notary.

Read on topic

Will you have to pay twice for each transaction? What consequences may the next changes in the powers of notaries lead to?

"SP": Citizens fear that the implementation of the proposal will inevitably affect the prices for processing the transaction. How much can the cost of such services increase for the end consumer?

— To date, Federal Laws 457-FZ and 391-FZ have already reduced tariffs for real estate transactions by an average of three times. If a mandatory notary form is established for real estate transactions, then the tariffs will be set by the Tax Code. And in it the tariff is 0.5% of the transaction amount, but not less than 300 and not more than 20,000 rubles. And even if we are talking about multi-million dollar amounts. If we take an apartment worth 2,000,000 rubles as an example, completing a transaction with it will cost 10,000 rubles.

“SP”: — Shouldn’t the situation be viewed as an attempt to “take away bread” from realtors and reduce their functions to almost zero?

- Not at all. Representatives of the real estate community, and we are now talking about real professionals, specialists, and not self-proclaimed realtors, have a positive attitude towards expanding the powers of notaries in the real estate market. They understand that the real estate market, where a notary is present, becomes more transparent. In all countries of the world, the task of a realtor comes down to finding a buyer or selecting a property - he is an intermediary who advertises, offers, and helps find a suitable option. And in our real estate market today, realtors often perform functions that are unusual for them. The notary is responsible for ensuring the legal component, at least in the countries of continental law, to which we belong. He is responsible for checking the purity of the transaction, certifying the transaction and submitting documents for registration. And, accordingly, bears responsibility for this. For representatives of the real estate business who work honestly, cooperation with a notary will bring only advantages. But the presence of a notary on the market can reduce the activities of “black realtors” to a minimum.

“SP”: — So we can say that the real estate market will finally have an effective mechanism to protect citizens from fraudsters? Or is there something else that needs to be added?

“This step will certainly protect citizens from fraudulent schemes, and protect them seriously. Yes, it is impossible to protect citizens 100%, if only because sometimes they lose their apartments not because of scammers, but because of their own gullibility. I'm talking about cases where a gift of real estate occurs, and then the relationship between the donor and the recipient deteriorates, and the donor, confident that he will be able, say, to live in his apartment, finds himself evicted.

As for fraudulent schemes using, for example, fake powers of attorney, they will become practically unviable, especially taking into account the actively developing idea of ​​creating an online database of notarized powers of attorney in the Unified Notary Information System, which will simplify verification of the authenticity of those submitted to government bodies powers of attorney. A notary, certifying a transaction, will be able to instantly identify a fake. Another step that could help combat fraud in the real estate market could be the creation of a Register of Incapacitated Persons. Now information about court decisions declaring citizens legally incompetent is entered into the Unified State Register. But today the register is incomplete. In order to prevent episodes of fraudulent activities, the victims of which are often citizens belonging to the most vulnerable categories of the population, it is necessary to create the most reliable and complete register. And the Federal Notary Chamber is ready to assist in the creation of such a register.

Inheritance of an apartment through a notary.

When the testator dies, interested parties must apply for the inheritance through a notary within 6 months. This can be done with or without a will. The procedure looks like this:

• a person turns to a notary and writes a statement that he is going to accept the inheritance;
• then the documents are collected and handed over to the notary;
• state duty is paid;
• the heir receives a certificate.

You will need to collect:

• registration certificate;
• form 12;
• title papers confirming the emergence of ownership rights of the deceased;
• expert assessment of the cost of living space.

How much will it cost to register an inheritance for an apartment through a notary? According to the law, he can charge only 100-3000 rubles per person for the procedure, but he must separately pay a state fee of 2000 rubles.

The procedure for registering a deed of gift for an apartment with a notary.

The procedure for registering a donation of an apartment with a notary must be carried out only in cases similar to purchase and sale: transactions with shares, participation of OO&P. You must make an appointment and explain the situation. It is preferable for both the donor and recipient to be present. If it is impossible to visit the office due to health or other circumstances, you can order a specialist to visit your home.

List of documents for registration of deed of gift:

• passports of the parties;
• birth certificate if a minor is involved;
• certificate of ownership or extract from the Unified State Register of Real Estate. Note that the extract can be ordered online or from government agencies (MFC, for example) for only 460 rubles;
• title document;
• registration certificate for housing;
• notarized consent of the second spouse;
• extract from the house register;
• certificates from narcology and psychotherapy;
• power of attorney, if a proxy is involved;
• confirmation of the establishment of family ties.

At the next stage, the deed of gift documents are handed over to the notary, who then draws up a deed of gift. It is prepared in several copies, which are signed by the interested parties. If, when drawing up a deed of gift, one of the parties is a minor, his guardian or parent signs for him. Each party receives its own copy, and a copy of the gift agreement remains with the notary in the archives, one is transferred to Rosreestr.

The cost of registering a deed of gift for an apartment with a notary depends on the presence of family ties between the parties. If grandmothers, grandchildren, children, brothers, sisters, and other close relatives participate, then the price of donating property will be 2,000 rubles (state duty).

To pay or not to pay a notary when selling an apartment to shared owners?

And many sellers do not agree to accept part of the money for an apartment in person. Find a notary “near me” on Yandex.Map, showing reviews, customer ratings, addresses, phone numbers, opening hours, etc. Who should pay The law does not specify who, when buying and selling real estate, must pay the notary for his services.

In practice, with most notaries it will be the sellers who appear on payment receipts, because they benefited. But they don’t care who gives the money. Therefore, sellers and buyers must agree in advance among themselves who pays how much and for what. Additional services

• Notarized consent of the spouse; For owners, this consent will be required if an apartment is being sold that was purchased during marriage, but is registered to only one spouse.

Necessary documents and conditions when drawing up a will.

To register a will for an apartment with a notary, you need few documents.

1. Passport.
2. Certificate of legal capacity if the testator is 70 years old. Can also be ordered at the request of the person.
3. Confirmation of ownership of the living space.
4. Registration certificate, Form 12 and other identification papers for the property.

Information about the heirs is recorded by the notary according to the testator. The entire procedure is formalized by the notary himself; the applicant needs the described documents.

Features of transactions with shares.

When an apartment or house is owned by several people and they have shares in the common property. Each owner can sell their share separately, but if only part of the home is sold, the participation of a notary is required.

The conditions for the sale of shares in common property are as follows:

• if you want to sell a share, you must first offer it to other co-owners;
• other owners must be notified of plans to sell by registered mail. In it indicate the price at which you are going to sell;
• then within a month you need to wait for the reaction of other owners. If they are silent, this can be regarded as a refusal, and it can be put up for sale.

Accordingly, if these rules are violated, other owners of common property can challenge the actions of the seller by going to court.

The price for registering a share in an apartment through a notary will be standard and includes technical work + tariff.