Real estate laws that will come into force in 2020

Secondary market: housing price growth in Moscow is higher than inflation

In 2020, the average cost of secondary housing in Moscow increased by 4.6%: from 192,357 rubles. per sq. m in the fourth quarter of 2020 to 201,297 rubles. per sq. m in the fourth quarter of 2020. At the same time, in the country as a whole in 2020, the average cost per square meter increased by 6%.

When comparing average monthly prices in December 2018 and December 2017, the increase was 7.6%. Thus, the increase in prices for secondary housing in the capital turned out to be higher than inflation, which, according to Rosstat, was 4.3% at the end of the year.

Main events of 2020 on the Moscow housing market

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In the first and third quarters of 2020, the price increase was quite smooth: in the first quarter the increase compared to the fourth quarter of 2020 was 0.4%, in the second quarter compared to the first - 0.6%, and in the third - 1.2 %. The peak of growth occurred in the fourth quarter of 2018: the cost of sq. m. m of secondary housing in Moscow during this period increased by 2.4%.

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It is important to understand that the figures presented reflect offer prices and transaction amounts may vary.

Documents for purchasing an apartment in 2020 from the seller

1. Title documents - documents confirming the seller’s ownership of the apartment. This could be a purchase and sale agreement, a transfer agreement (during privatization), a certificate of inheritance, etc. If necessary, the contract must include a transfer deed.
2. If the apartment has undergone redevelopment, then a technical passport and permission for redevelopment issued by an authorized organization. To identify alterations during inspection, we recommend that you always ask the seller for a technical passport for the apartment.
3. If the apartment is in shared or joint ownership of several persons, each owner must provide the documents specified in paragraph 1.
4. For apartments purchased before July 2020, the seller provides a certificate of ownership of the apartment - a document confirming ownership.
5. In 2020 the seller confirms his status as the owner with an extract from the Unified State Register. The seller must be listed as the owner on this statement. The validity period of the statement is the moment of its issue.
6. Seller's passport. When selling an apartment not by the owner, there must be a power of attorney.

This is the minimum set of documents in 2020. allows you to identify the seller as the owner of the apartment, as well as obtain information about the presence of arrests, bans, and disputes regarding the selected apartment.

That is, this package of documents allows you to evaluate the “technical” possibility of “state registration of the transaction”: if there are no contradictions in these documents, on the basis of your transaction with the seller, state registration of the transfer of ownership of the apartment can take place.

The main risk when purchasing real estate is the possibility of losing property in court as a result of declaring the current or one of the previous transactions invalid.

By itself, the above minimum package of documents for purchasing an apartment in 2020 does not identify or eliminate the defects of previous transactions and the defects in the current transaction.

Defects in the current transaction are identified and eliminated, if possible, at the stage of preparing your transaction to purchase an apartment.

The court may declare the transaction invalid for reasons expressly stated in the Civil Code of the Russian Federation, in particular:

• in case of violation of the law when making a transaction,
• in case of “vice of will” of the party to the transaction.

Violations of the law can come in many different forms. Thus, when purchasing an apartment, it is necessary to comply with the requirements for the form and procedure of transactions. For example, violations during privatization - the interests of an absent person were not taken into account, or the interests of minors were violated. Claims for such violations are made years and even decades later.

Another violation: according to Article 35 of the Family Code of the Russian Federation, for the sale of real estate acquired during marriage, the notarized consent of the other spouse is required. It is not uncommon for the seller to hide the fact that the apartment was purchased during marriage and is joint property.

The buyer of such an apartment faces a real risk of facing lengthy legal proceedings to challenge the transaction by the other spouse. A spouse whose notarial consent to complete the transaction has not been received may demand that the transaction be declared invalid within a year (Article 35 of the Family Code of the Russian Federation).

If there is a trial, most likely the buyer will lose such an apartment. Similar situations could have occurred in previous transactions with this apartment. Moreover, the expiration of a year from the date of previous transactions does not guarantee against a possible lawsuit.

Only title insurance of the property owner can guarantee the buyer's property in case the seller conceals information about the marriage.

Checking an apartment before purchasing significantly reduces such risks.

Changes in prices for apartments of different rooms

Against the background of a general increase in prices for secondary housing by 4.6%, two-room apartments showed the greatest positive dynamics. The average cost in this market sector per property increased by 11.8% - from 10,377,494 rubles in the fourth quarter of 2020 to 11,605,246 rubles. in the fourth quarter of 2020. “Odnushki” rose in price: by 10.7% - in the fourth quarter of 2020 they cost 7,764,573 rubles. Three-room apartments per property increased in price by an average of 5.4%, to RUB 16,688,942.

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Real estate laws that came into force in 2020

Law on the protection of participants in shared construction.

The Public Law Law came into force in August 2020. Articles of the law amending the bankruptcy law came into force in January 2020.

In addition to clarifying and regulating the bankruptcy of the developer, the law obliged managers, chief accountants and participants of construction companies owning at least 25% of shares in the capital to comply with a list of requirements relating to convictions for economic crimes, disqualification, etc.

Transactions with land plots with unidentified boundaries.

Law No. 447-FZ indicates that from January 1, 2018, all transactions with areas with unidentified boundaries are cancelled. However, the law itself, in turn, was repealed by Law No. 361-FZ. The ban on transactions with land plots without established boundaries is contained in the most general terms only in the order of the Government of the Russian Federation.

Therefore, at the moment (January 2020) there is no law prohibiting the purchase and sale of land without established boundaries.

Price dynamics in administrative districts

Resale home price changes vary significantly by location. The maximum growth was recorded in the Eastern Administrative District - by 6.7%, from 166,585 rubles. up to 177,711 rub. per sq. m. Minimum, by 3.2%, in the South-Western Administrative District (up to 207,988 rubles) and ZAO (up to 241,383 rubles). A decrease in prices was noted only in the most expensive Central District: per sq. meter on the secondary market in the Central Administrative District is now asking for 1.9% less than a year ago: the offer price has decreased from 395,073 rubles. up to RUB 387,411

Is it profitable to invest in real estate in 2020?

Due to new legislative initiatives, major changes are expected in the real estate market.
Therefore, the question of whether it is profitable to invest in real estate in 2020 must be considered from different points of view. If you are thinking about buying a home on the primary or secondary market in the next six months, our article will be useful to you. At the time of purchase, the investor wants to be sure that he chose the right moment. If this is the case, after acquisition the property will only increase in value. The owner of the apartment can increase the value of his asset by making repairs. This is another plus of real estate. There are also nuances that can lead to expenses: insurance, maintenance costs, taxes. Much depends on the object itself, its value and demand in the market for rental and purchase and sale of real estate.

Dynamics of supply and demand

After two years of leadership of two-room apartments in the structure of supply and demand, they were replaced by one-room apartments: in 2020, the share of demand for one-room apartments increased to 38.7%, and supply - to 34%.

Two-room apartments now account for 36.3% of the total number of requests. The share of two-room apartments in the entire supply decreased to 29.7%.

The share of demand for three-room apartments also decreased: to 20.6%, and supply - to 25.5%.

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Registration procedure for purchasing with a mortgage

If housing was purchased with borrowed funds or a mortgage, the procedure for registering rights to such an object is standard, but the apartment will act as collateral for the financial organization.

The owner receives the right to fully dispose of the property after full payment of the amount owed to the bank.

Until this moment, the object is encumbered and cannot be sold or leased without the consent of the institution that provided the funds.

The standard list of documents for Rosreestr when purchasing with a mortgage is supplemented by a loan agreement and a mortgage.

The encumbrance is removed within three days after the borrower repays his obligations to the bank; this will require a second visit to the Federal Reserve Office or the MFC.

Renting housing: renting three-ruble apartments has become much more expensive, rates for one-room apartments have not changed

The average cost of renting an apartment in Moscow per object increased by 2.5%: from 49,775 rubles. in the fourth quarter of 2020 to RUB 51,038. in the fourth quarter of 2018.

If in 2020 the maximum growth was demonstrated by “one-room apartments” (by 4.3%), then in 2018 three-room apartments are leading. The average rental rate for three rubles in Moscow increased by 18.3%, to 106,845 rubles. by the end of the year. Perhaps over the year, the most affordable offers in this segment have left the market. The increase in prices for two-room apartments was three times less: their rent increased by 6.5%, to 49,555 rubles. per month. One-room apartments fell slightly in price: by 0.1%. In the fourth quarter of 2020, the average cost of renting a one-room apartment in Moscow was 34,711 rubles.