How to exchange an apartment in a high-rise building for a private house: advantages and disadvantages of exchange

Purchasing a country house or, conversely, moving to the city after buying an apartment can be a very profitable decision. A house or apartment can be purchased, but any of the listed real estate objects can be exchanged, we have already written about this in the material - How to exchange an apartment for an apartment. Therefore, we will consider in detail the features of exchanging an apartment for a house in the article offered to readers.

The exchange of real estate is carried out on the basis of an agreement. Such transactions are subject to registration with Rosreestr, only after which the transaction will become valid.

An exchange agreement is, in fact, a type of purchase and sale agreement. The only difference is that in exchange both parties act as sellers and buyers at the same time. Therefore, the contract for exchanging a house for an apartment must take this feature into account.

The procedure for exchanging an apartment for a private house

Regarding the apartment, the contract must indicate: its address, cadastral number, total and living area, number of rooms, information about the owner, as well as other information that allows you to clearly identify and describe a specific apartment. If the apartment has several owners, then a complete list of them is indicated.

Another point concerns children living in an apartment. In the event of an exchange, their living conditions should not deteriorate significantly. This means that when changing an apartment (this also applies to a house), it is necessary to obtain the consent of the guardianship authorities. Often this is a formality, but today you can contact the guardianship authorities through a multifunctional center, whose specialists will advise how this issue can be resolved.

Regarding the house, the contract contains similar information with the only difference that, along with the house, the land plot on which such a house is located will also be the object of exchange. Therefore, when designating a plot in the contract, it is also necessary to indicate its address, cadastral number, data on the area, permitted use of the land, and buildings, if any.

All real estate objects that are the subject of an exchange agreement are subject to assessment. Moreover, the assessment can be based on both cadastral and market value. If the values of the exchanged objects are very different, the contract may provide for a corresponding additional payment.

As for additional conditions, they all relate to the mutual transfer of objects to the parties to the transaction. Accordingly, the terms and procedure for the transfer of real estate, the technical condition of the objects, information about the rights of third parties and other necessary information must be indicated.

Deeds of transfer will be a mandatory annex to the agreement. There must be at least two of them. In this case, a single transfer deed is drawn up for the house and the plot. This document indicates that the parties transferred and accepted property from each other.

The transfer act also indicates all the nuances of the technical condition of the real estate, information regarding the transfer of documents and necessary accessories for the operation of the real estate, the completeness and timeliness of the additional payment. Among other things, the signing of the transfer deed also indicates that the parties do not have mutual claims against each other regarding the transaction.

As for the text (sample) of the exchange agreement, a lot of examples can be found on the Internet and based on them you can make your own agreement.

You can often hear recommendations about contacting lawyers to draw up this document. However, it is worth noting that most of them just take samples from the Internet and simply adapt them to a specific situation. Therefore, whether it is worth spending money on the services of specialists, whose level of qualifications is often questionable, is up to the parties to the transaction to decide.

How to change apartment. Fairy tale

The crow Maruska had a large, spacious nest in the forest area of Izmailovo, which she inherited. They say that her ancestors lived here since the 14th century, did not eat anything, but finished off the royal scraps, because the kings in Izmailovo, if we say so, had their favorite dachas. Here, it would seem, there was everything that was needed for a happy crow life, for example, a good environmental situation. In general, the thought of changing her apartment never even occurred to her.

After all, Maruska also cares about how to breathe and what to eat. The worms in the park are free of harmful impurities, so Maruska did not complain about her health and even sometimes found entertainment for herself. Fortunately, there are 12 schools in the area, and there are thousands of children in them who love to chase crows. It seems like there is a crow’s nest in the forest, and it seems like there are three metro stations nearby, when the crowd comes, someone will always leave a sweet pie for Maruska. And most importantly, there are many scientists in Izmailovo. And because of their great intelligence, their hair often falls out. As soon as it gets warm, all these scientists take off their hats and rush home from their seventeen research centers. This is how the crow Maruska opened the paintball season with sunny days. Of course, she did not often manage to hit the target, which made her despondent. And the swans from Serebryano-Vinogradny Pond were annoying with their beauty.

And although they say that you can’t run away from yourself, Maruska decided to look for happiness in another area. And she decided to change the apartment. A crow came to a site where they help to properly exchange apartments in Moscow and the Moscow region, and after going through all the exchange options, the crow decided to accept the help of a realtor and exchanged its nest in Izmailovo for a small, even tiny nest right on Arbat. And with the money remaining after the exchange of housing, she bought a piece of cheese, God was going to send it to her throughout her life, and there was also enough for a computer. The computer and the Internet took over Maruska, there was not enough time for paintball, although there were much more opportunities for a successful game on Arbat, you yourself understand that there are a dime a dozen people here, and crows are a curiosity.

A rare crow flew to the middle of the Arbat, so Maruska was a star here, but she didn’t know it, because people were below, and she was sitting on the ledge or even higher - on the roof. Her personal life was not going well here. It’s not that she couldn’t find a worthy groom among the crows, on this Arbat every dusty sparrow imagined himself as an eagle, and all because the parents built a nest in a prestigious place. Maruska wanted to lay eggs already. Maruska thought and thought and put out an ad: “I’ll change my apartment - a small and cozy nest on Arbat, for a bigger nest with reliable Internet. The area doesn't matter." And really, does it matter where a Muscovite crow plays paintball?

Registration of an exchange agreement

A contract for the exchange of real estate requires mandatory registration, which is carried out by the Rosreestr division at the location of the real estate. If the objects being exchanged are located in different localities (regions), the transaction is registered at the location of one of the objects being exchanged. In this case, the procedure for registering a transaction may be somewhat lengthened, but it is still better than going to two divisions of Rosreestr and registering the transaction twice.

As for the documents required for registration, the current situation is as follows. To register a transaction, the parties must submit an application; in addition, for subsequent registration of property rights, another application is required.

All these papers are drawn up together with Rosreestr employees on the spot; forms will also be provided to the parties to the transaction.

The parties must have their passports and a signed agreement in triplicate. If the property being exchanged is located in different cities, then another copy of the contract is additionally required.

As for real estate, the parties must have the following papers:

For an apartment: 1. Certificate of ownership; 2. Technical passport or other cadastral document replacing it; 3. A document confirming the legality of acquiring ownership of the apartment (privatization document, inheritance certificate, gift agreement, purchase and sale agreement or other similar document); 4. Certificates of debt on taxes and utility bills.
To your home: 1. Certificate of ownership; 2. Cadastral passport; 3. A document confirming the legality of purchasing the house;
For the land plot: 1. Certificate of ownership or other similar document confirming the authority of the owner; 2. Cadastral passport

Features of the exchange transaction

When drawing up an exchange agreement, it is desirable that the same amount be indicated in the transaction . This means that you need to select an apartment or house that will cost the same as a house.

If the exchange is not equivalent, then the transaction should include the amount that one of the parties will pay in addition.

A transaction to exchange a house for an apartment and vice versa is a complex type of transaction, since you have to work with two real estate objects at the same time. Therefore, experts advise seeking the help of lawyers or notaries to ensure the purity of the transaction.

If exchangers want to conduct a transaction without intermediaries, then they need to take into account the following points:

be sure to request an archival certificate from the house register from the owner of the apartment to see which persons previously lived in the living space;
request a regular certificate from the house register to make sure that the registered persons have already been discharged from the apartment;
if the house is changed into not one, but two apartments, then you should carefully read the documents for both apartments.

Do I need to pay tax when exchanging a house for an apartment?

The taxation procedure when making a transaction of exchanging a house for apartments is equivalent to a purchase and sale transaction . Therefore, the tax on the sale of a house/apartment is 13% of the cost of housing.

It is important to take into account that the tax is paid only if the citizen has owned the property for more than 5 years.

Is it possible to get a property deduction?

When exchanging a house for an apartment, the homeowner has the right to receive a property deduction. In this case, a deduction can only be obtained in the amount of 1 million rubles.

If the transaction amount is higher, then a tax deduction can only be obtained from the specified standard amount (no more than 1 million rubles).

Is it possible to exchange a house for an apartment that has not been privatized?

No, such a transaction will not work . To make an exchange, you should privatize the apartment in advance and only then can you exchange it for a house.

When exchanging a house for an apartment, a prerequisite is the drawing up of an exchange agreement - a transaction in which the participants undertake to transfer to each other their residential premises, which belong to them as property.

In this case, the transaction can be either equivalent (the cost of the apartment and the house is the same) or unequal with a mandatory additional payment. A transaction to exchange a house for an apartment must be subject to state registration in Rosreestr.

Additional expenses

When purchasing a house that has already been built, especially if the construction was completed quite some time ago, you should take into account the possible lack of communications connected to central networks. And also the fact that such a house may not be on the balance sheet of the serving utility service. Therefore, all costs for its arrangement and maintenance will have to be borne independently.

For example, if the house does not have gas supply and does not have running water, then laying gas pipes and drilling a well will cost the new owner a tidy sum.

When exchanging an apartment for a house, the same applies to possible necessary repairs. When purchasing real estate that has existed for at least several years, you need to be prepared that repair work, arrangement of a garage, and utility rooms will be required. Therefore, before deciding to make a deal, you should carefully weigh all the pros and cons, the convenience of the urban environment and the need for additional costs.

Questions about the cost of square meters

In the real estate market, the cost of urban and suburban housing has recently changed places. If previously a city apartment cost much more than a country house, now, especially in large cities, the price of outdoor cottages is significantly higher than city housing. This is especially common for those wishing to exchange an apartment for a house in Moscow. But other big cities are not lagging behind in this matter.

The only option to save money is to choose future housing at a considerable distance from the urban elements. Moscow residents who want to make a profitable deal will have to move more than 100 kilometers from the capital. In other cities you can do it within 40 kilometers.

Advantages and disadvantages

Many city residents are not only tired of the size of utility bills and small apartments, but also of the noise their neighbors make. There are no neighbors in the house, which will allow you to enjoy peace and tranquility. You don’t have to worry about flooding from above and repairs from below.

If you have a plot of land, you can walk around it as much as you like, barbecue, or lie in a hammock. Animal lovers can have as many animals as they want.

A plot of land is a universal tool that can make all the dreams of its owners come true. Landscape design, bathhouse, garden, vegetable garden, gazebo, swimming pool - you can build everything you have wanted for so long.

But it should be taken into account that all pleasures cost money, and a lot of it. In addition, rare suburban settlements can boast of a well-functioning waste collection system. Therefore, homeowners themselves often have to rack their brains over this issue.

Living outdoors can also greatly limit transportation accessibility. Previously, you could get home by one of the many minibuses, buses or trains. If you are at a considerable distance from your home, getting to it will only be possible by private car. Families with children should resolve this issue immediately and choose a house closer to the populated area.

Perhaps the most important issue that should be resolved by those wishing to exchange an apartment for a house is the possibility of obtaining registration at their place of residence. To do this, the house must be included in the village or locality and have an address giving the right of registration.

The procedure for exchanging a house for an apartment with an additional payment

By and large, exchanging a house for another residential property with an additional payment is similar to the purchase and sale procedure.

The home owner will need:

find a suitable exchange option (on your own or with the help of professional realtors) and agree on the terms of the exchange transaction with the owner of the apartment, including the terms of the amount and procedure for making additional payments;
collect the documentation required for housing exchange;
draw up and sign an exchange agreement;
pay the state fee for registering the transfer of rights;
submit a package of documentation for registration to the territorial division of Rosreestr;
obtain a registration certificate for a new home.