Features of buying an apartment in a new building
- From the seller
The list of documents when purchasing an apartment in a new building and the specifics of the procedure depend on how it is purchased:
- Under the agreement of shared participation in construction (Article 4 of Federal Law No. 214 “Agreement of participation in shared construction”). The bank participates in the transaction, an escrow account is opened, to which the shareholder transfers the money.
- Under an agreement of assignment of rights of claim, when the shareholder himself sells an unfinished apartment to another person. Shareholders are being replaced.
- According to the agreement of share contributions to the housing cooperative.
- According to a housing certificate issued before 07/01/2018.
- In installments provided by the developer.
- Under the purchase and sale agreement, if the object has already been put into operation.
Important! Regardless of the method of acquiring real estate, ownership is registered in the name of the buyer in Rosreestr. For this they pay a state duty.
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Income tax
It is allowed not to pay tax if the property has been privately owned for more than 5 years. The specified period was extended; previously it was 3 years. If the ownership period is less than 5 years, the seller must file a tax return and pay tax on the income from the sale.
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Note! You can sell an apartment immediately after purchase, but you will have to pay income tax. In this case, the seller will be able to issue a deduction in the amount of 1 million rubles, that is, reduce his tax base by the specified amount.
All of the above agreements and certificates refer to documents that need to be drawn up after purchasing an apartment. Knowing what to do and where to go, the new owner will be able to plan further actions in the most convenient way for him.
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Two months ago I became the happy owner of my own apartment, but, as it turned out, the moment of signing the purchase and sale agreement and handing over the keys is not the end of the deal. Now we have to go through several bureaucratic moments. I will tell you what actions you should take after purchasing an apartment in order to fully enjoy the joy of purchasing real estate.
List of documents when purchasing an apartment in a new building
The lists of documents for purchasing an apartment are different for the buyer and the seller. In the first case, the maximum number of certificates will be required. For the buyer, often only a passport is enough.
Let's figure out what exactly is required from both parties when purchasing real estate in different ways.
From the buyer
The buyer only needs to present a passport and notarized consent of the spouse if the apartment is purchased with a mortgage. In other cases, it is not necessary, but it is better to formalize it, especially since the sellers themselves often ask for consent.
When buying an apartment, you will have to use a bank for a mortgage. To review your application you will need:
- Passport;
- SNILS.
- Spouse's consent.
- Income certificates.
- Marriage certificate (for married couples).
- Child's birth certificate (if available).
- Certificates confirming the availability of additional income.
Note! Each bank establishes its own list of documents for purchasing real estate with a mortgage. It is better to check with the department for details.
From the seller
What documents must the seller of an apartment provide to the buyer when buying and selling in different ways:
| Sales method | Documentation |
| According to DDU |
After completion of construction, a transfer and acceptance certificate, a cadastral passport for the apartment, and a certificate of payment of amounts under the DDU are drawn up; you will need permission to put into operation |
| Under the agreement of assignment of the right of claim |
|
| According to the agreement of share contributions to the housing cooperative | For membership in the housing cooperative:
To register ownership upon completion of construction:
|
| In installments from the developer |
|
| According to the purchase and sale agreement | The same as for installments. Additionally, a commissioning certificate, floor plan and cadastral passport are provided |
Legal advice: to be on the safe side, it is recommended to study reviews about the developer and check the availability of permits. This is necessary regardless of the method of acquiring real estate.
Elena Plokhuta
Lawyer, website author (Civil law, 6 years of experience)
Registration, deductions, etc.
In addition to the actions described above, there are still some matters that the new owners have to settle.
One of the most pleasant procedures for an apartment buyer is filing a property tax deduction. By law, you have the right once in your life to return 13% of the cost of the purchased home.
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The state does not give you part of the amount paid for the apartment. It returns the income tax taken from you in an amount equal to 13% of the price of the home. From all this follows several rules that the recipient of the deduction needs to know:
- You can apply for an income tax refund only once in your life;
- Only persons who are personal income tax payers can receive a deduction. That is, you must either receive an official salary, from which 13% is withheld, or carry out other activities, the income from which is taxed;
- tax deduction is limited. It is calculated from an amount not exceeding two million rubles. That is, if you purchased an apartment for 3.5 million, you will still receive a deduction only from two million - 260 thousand rubles.
- in accordance with the latest amendments to tax legislation, each of the apartment owners has the right to a deduction. If you bought a home with your wife as joint property, then both she and you have the right to receive 260 thousand rubles;
- the deduction can be obtained in two ways: in the form of the amount of personal income tax deductions for one or more tax periods, or by removing the burden of paying income tax until an amount equal to 13% of the cost of housing is reached.
You can find out more about filing a tax deduction on our website in the article dedicated to this topic.
If you bought a home not as an investment of money, but for living, then another necessary action will be obtaining a residence permit.
The most important rule here is that it is necessary to obtain registration at the place of residence within seven days from the date of receipt of the certificate of ownership of housing. If you violate the deadlines established by law, you may be fined up to 2.5 thousand rubles.
You can obtain a residence permit by following the standard procedure. This is done either through the local branch of the Federal Migration Service, or through a multifunctional center. You can also apply for registration in the purchased apartment online through the government services portal.
It is worth mentioning separately what needs to be done after purchasing an apartment with a mortgage. The most obvious advice that can be given to new residents is to pay the monthly loan installments on time. But this is not the only thing borrowers need to remember.
Firstly, as you know, a mortgage agreement imposes an encumbrance on the purchased housing. It is pledged to the bank, and until the loan debt is fully repaid, the owner has no right to carry out any real estate transactions. Therefore, after the mortgage is paid, the owner should remove the encumbrance from the apartment through Rosreestr. To do this, you will need not only a standard set of documents (founding agreement, registration certificate, owners’ passports), but also papers from the bank: loan agreement, payment receipts, a certificate from the lender stating that the debt has been repaid and the encumbrance can be removed.
But this advice should be taken from a long-term perspective - after all, people often finish paying off their mortgage many years after buying a home. But there are things that need to be resolved faster. It is not uncommon for a loan to be repaid using housing certificates. This could be maternity capital, or a subsidy for young families. One of the mandatory conditions for using targeted state support funds to pay off the mortgage is the subsequent division of the apartment into the whole family.
That is, even if you took out a loan from the bank together with your spouse and the certificate of registration of rights shows only two people as owners, then after transferring the subsidy funds to the creditor bank, you need to transfer the apartment into common shared ownership within six months. Parents, children, and other family members must be equal owners of housing if they live in a mortgaged apartment.
To summarize, it is not difficult to conclude: all the actions that you need to take after purchasing an apartment have one goal - to make your life easier. Some of them are dictated by law, some promise you good savings. Therefore, you should not neglect these obligations and opportunities and do not overshadow the joy of purchase.
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Recommended reading
Features of buying an apartment on the secondary market
The package of documents for purchasing an apartment on the secondary market is significantly different. Here, instead of a developer, the seller is usually an individual, or less often an organization.
It is important for the buyer to check the documents for the apartment when purchasing so as not to lose his money. For him, the deal has the most risks. The seller must prepare them in advance in order to reach a deal faster and eliminate the risk of challenge by a third party.
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Documents for purchasing a resale apartment
The list of documents when purchasing an apartment on the secondary market depends on how it is purchased: for cash or with a mortgage. The maximum list of certificates will be required from the seller.
The purchase and sale agreement is drawn up before submitting documents for registration. If payment is made through a safe deposit box or letter of credit, the parties to the transaction need to come to the bank and conclude a tripartite agreement.
From the seller
What documents are needed for the seller to register the purchase of an apartment:
- Passport.
- Certificate of ownership.
- Transfer deed.
- Technical passport.
- Documents of title: contract of sale, gift, exchange, annuity, certificate of inheritance.
- An extract from the Unified State Register of Real Estate, ordered no more than one month ago.
Legal advice: the buyer is recommended to independently order an extract from the Unified State Register using the Rosreestr service. This will eliminate the risk of the seller falsifying the extract and the likelihood of purchasing real estate with an encumbrance that was not previously stated.
Elena Plokhuta
Lawyer, website author (Civil law, 6 years of experience)
When a buyer is found, the seller needs to obtain an extract from the house register to confirm the absence of registered persons in the apartment being sold. You will also need certificates confirming the absence of debts for housing and communal services.
These documents have a limited validity period (from 10 days to 1 month), so there is no point in ordering them in advance, only when entering into a transaction.
From the buyer
The buyer only needs to have a passport with him. If an apartment is purchased with a mortgage, the bank will need the following documents:
- Certificate of income.
- Spouse's consent.
- Real estate documents (requested from the seller).
- SNILS.
Additionally, the bank may request a military ID (for men under 27 years old), as well as copies of all pages of the work book.
Tax
Here you need to perform two actions:
- Register your home for tax purposes. In accordance with the law, Russian citizens must declare their real estate. If the tax is not paid, the debtor will have to pay a fine of 20% of the debt amount.
- Get an income tax deduction. The tax office returns 13% of the largest amount, equal to two million rubles, i.e. the deduction is equal to 260 thousand rubles. The restrictions do not apply to the amount for the purchase of mortgaged housing.
Important! If tax restructuring has already been carried out, then tax deduction on the amount of interest paid is not due, because in this situation the purpose of the loan is to repay interest on the previous loan.
In order to receive a deduction, you must have:
- papers confirming this right, i.e. certificate 3-NDFL;
- passport;
- TIN;
- purchase and sale agreement;
- act of acceptance and transfer;
- certificate for living space;
- a receipt left by the seller who has received payment for the real estate;
- credit agreement (if the apartment was purchased on credit);
- a certificate from the bank about interest paid in accordance with the agreement.
A citizen who has an official workplace has the right to deduction. The amount transferred by the employer during the year is subject to refund. If it does not exceed the refund amount specified in the documents, then the application is submitted again to make payments in future years.
Deductions are also provided as an exemption from tax payments on income during a specified period. In order to receive it in this way, you must provide the necessary paper from the tax office to the accounting department of the enterprise. In this case, a 3-NDFL certificate is not required.
There is no deduction if the apartment was purchased from close relatives or guardians, or if it was paid for with money from maternity capital, employer finances, or government benefits.
This is important to know: Is it possible to get a tax deduction a second time when buying an apartment?
In order to apply for a deduction, you need the following documents:
- passport;
- certificate of the owner of the premises;
- sales agreement;
- extract from the house register;
- passport with data from the cadastre.
Lawyer's answers to frequently asked questions
How to check the developer before buying an apartment?
Information about the developer must be in a single register. If the company is not there, this is a reason to be wary and refuse the deal. Also on the website of the Russian Ministry of Construction you can check new buildings for compliance with legal requirements in order to minimize risks. Before concluding a contract, it is recommended to request the documents presented above from the developer.
What documents are required when purchasing an apartment with an encumbrance?
The seller must present a mortgage agreement with the bank, as well as permission to sell or replace the borrower. If the lender requires the mortgage to be paid off before the sale, permission will not be required, but the buyer must provide an earnest money deposit equal to the amount owed.
I lost the sales contract under which I bought the apartment. Now I want to sell it. Is it possible to restore PrEP?
Yes, the contract is restored through Rosreestr. You need to apply for a duplicate. If the DCP was certified by a notary, a duplicate can be obtained from him.
What documents are needed when buying an apartment from a developer to check for bankruptcy?
The developer does not provide such documents, but you can independently check information about it through the Unified Federal Register of Bankruptcy Information. Citizens can also check for debts through the FSSP Enforcement Proceedings Data Bank.
Where can the seller obtain documents confirming that there are no debts under the DKU when selling an apartment?
Certificates are issued by the management company or HOA. For some services, they are provided by separate organizations (electricity company, water utility). Details need to be clarified in the Criminal Code; each region has different rules.
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What documents must the seller provide to the buyer of the apartment?
Of course, first of all, the seller and the buyer must find each other: through an advertisement in a newspaper, on the Internet, or at least through the recommendations of friends. But then the meeting took place and the parties to the transaction (the same seller and buyer) came to an agreement. One of them wants to part with the housing he owns, the other wants to part with a certain amount of money. Thus, it can be said that a bilateral and mutual agreement has been reached between them.
Used for financial settlements for most real estate purchase and sale transactions. The bottom line is this: the buyer deposits money in the locker on the day of signing the purchase and sale agreement, and the seller can receive the money only after state registration of the buyer’s ownership rights by presenting a registered DCT.
This is important to know: How to register ownership of an apartment after purchasing with a mortgage
