Selling an Apartment Notary 2020: latest information, video tips, changes

home

›

Interaction with government agencies and organizations

›

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.

Agreement for the purchase and sale of an apartment from a notary in 2020

In practice, it is not possible to reduce the transaction amount - notaries are usually aware of market prices for real estate and will not certify an agreement with a greatly reduced transaction amount. It’s clear why - they will receive less money for their services. And many sellers do not agree to accept part of the money for an apartment in person.

If the contract is certified at one's own request

Example No. 1: Alexander, Andrey and Svetlana have an apartment in Moscow. Each has 1/3. They decided to sell the apartment to their nephew Artem for 4.5 million rubles. A nephew is not considered a close relative. Although not necessary, they decided to contact a notary. The notary charged them 8,000 rubles for drawing up the contract, and 7,000 rubles for certifying it. + (0.2% * (4.5 million - 1 million) = 14,000 rubles. Total 22,000 rubles.

Complaints about illegal activities of a specialist that resulted in non-material damage can be addressed to the territorial notary chamber. And, if the applicant’s property was damaged as a result of the violation, the claim for compensation is sent to the authorized court.

provisions of the transfer and acceptance certificate of the object (a document required as confirmation of the fulfillment of the seller’s duties);
the procedure and features of settlements between the seller and the buyer;
other nuances.

Is it possible to sell an apartment without a notary?

And the notary, in turn, is able to prevent them - to assess the condition of the participants, check their documents, explain the key legal features of the action being performed, and also, if necessary, become an important witness in the case of challenging the sale and purchase.

Persons temporarily removed from registration. The popularity of settlements through a bank's safe deposit box is explained by its parity. After signing the contract, the buyer does not immediately become the owner; the registration procedure must first be completed. In this case, either party has the right to stop registration after filing, but before receiving documents from the registry. Therefore, in order to protect the interests of both parties, the amount of money at which they valued the apartment is placed in a bank safe with special access conditions: in case of successful registration, the seller receives access upon presentation of the DCT with a Rosreestr registration stamp; In case of non-registration, the box can only be opened by the buyer in order to return his funds.

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:

Passports of each participant. You will also need to provide birth certificates for minor children.
PrEP.
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.
Consent of the second spouse to sell the apartment. It must be notarized, this costs approximately 1,500 rubles.
Power of attorney. Attached along with the passport if one of the parties is a proxy.
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:

Notary fee, which is calculated based on the value of the object.
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 cost 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.

Is it necessary to draw up a contract for the sale and purchase of an apartment with a notary?

The cost of notarization of the Apartment Purchase and Sale Agreement (see the link below), contrary to popular belief, is quite small relative to the cost of the transaction itself, and several times less than the cost of real estate services. This is all the more relevant given that since January 2020, notary prices for registration of real estate transactions have decreased significantly.

Do you need a notary when buying an apartment?

In the event of a subsequent challenge to the transaction and litigation on it, the notary can act in court as a third party to confirm the actual terms of the transaction, as well as the sanity and true intentions of its parties. The notary also confirms such a legally significant detail as the good faith of the purchaser of the apartment. And the notary’s testimony, in this case, significantly influences the outcome of the court decision.

As stated above, the notary’s task is to ensure that all legal requirements are met. But that is not all. This official must also ensure that there is no infringement of the interests of the parties, especially those parties to the transaction who are somehow limited in their rights: children, disabled people, and so on. A set of necessary services.

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.

What is the price for registering the purchase and sale of an apartment?

As mentioned, the main type of expense is the cost of the apartment. However, in addition to this, you need to take into account the costs of its assessment, the notary, and so on. Formally, in addition to registering property rights and mandatory payment of state fees, you can do without everything else. However, the services provided by various companies greatly facilitate and speed up the purchase and sale procedure. This fully pays for the costs incurred.

Valuation costs

To sell an apartment at an adequate price, it must first be appraised. The more accurately the price corresponds to the real market, the greater the likelihood that:

The seller will not sell it short and will receive the full amount due to him.
The buyer will not overpay and will actually get exactly the property that is worth it for his money.

In addition, the appraisal report automatically creates confidence in the buyer and thereby reduces the likelihood that he will bargain or demand a reduction in value.

Formally, ordering a report is not necessary. The seller can set the price of his property himself at the level that he personally finds acceptable. But at the same time, as mentioned above, he will either lose potential buyers due to the price being too high or, conversely, lose his money by specifying a price that is too low.

An assessment report costs on average about 2-5 thousand rubles. The amount can vary significantly in one direction or another depending on the region of residence, area, and so on.

Notary costs

The second cost item is notary services. Nowadays, mandatory certification of an apartment purchase and sale agreement is no longer required, but this point quite seriously increases the reliability of the transaction and reduces possible risks to a minimum. In addition, despite the abundance of sample contracts, many clients prefer to order a sales contract from a notary, which also makes sense, so as not to accidentally forget or violate anything.

Certification of the contract and related services

Getting a contract certified by a notary is very quick and easy, and not very cheap. On average, such a procedure will cost approximately 20-30 thousand rubles + 0.1% of the cost of the apartment.

Drawing up a purchase and sale agreement

If a contract has been certified, many notary offices either make a significant discount on the preparation of this document or even prepare it for free. However, if the notary is required to draw up a contract and its subsequent certification is not planned, then this type of service will cost the client approximately 5-8 thousand rubles (highly depends on the region).

Realtor costs

Real estate agencies and private realtors are primarily involved in finding buyers and sellers for various properties. In addition, their specialists often accompany the transaction, cutting off outright scammers. They cannot completely replace an experienced lawyer, but in any case they do some part of the work. With the help of a real estate agency or realtor, you can seriously speed up the transaction and make it less risky.

At the same time, of all the directions, this is the most expensive. On average, a real estate agency (real estate agency) or a private realtor charges from 2 to 5% of the cost of the apartment for their services.

Document collection costs

Some documents necessary for concluding a purchase and sale transaction are prepared for a fee:

An extract from the Unified State Register costs 350 rubles.
A fresh registration certificate, taking into account the redevelopment done (if it is legalized) will cost about 20 thousand rubles or more (depending on the urgency).
A power of attorney for a representative, if required at all, costs about 2 thousand rubles.

The remaining papers are either already in the hands of the seller or are issued free of charge. However, sometimes you have to pay a little extra for urgency. On average, if you don’t count the registration certificate, all documents will cost a maximum of 2-3 thousand rubles, or even cheaper if you don’t need a power of attorney.

Costs for registering ownership

This is the only mandatory payment that is made after signing the contract, and often even after signing the transfer acceptance certificate. Official registration of a transaction for the transfer of ownership to another person requires payment of a state duty in the amount of 2,000 rubles for each new owner.

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).

Why do you need a realtor now if, according to the law, the transaction is certified by a notary?

I talked with an industry expert at Sobesednik.ru about transactions in the real estate market in which a notary cannot replace a realtor.

Why do you need a realtor if all transactions go through a notary? This question is asked by many who intend to buy or sell real estate.

Since the new year, as Sobesednik.ru already wrote, changes in legislation have come into force, according to which real estate transactions must be certified by a notary. So is it worth paying a realtor as well? Or can you save money? We talk with Alexander Dolgov, a leading specialist at the capital's Nora-Real Estate agency, about what risks such savings entail.

Is it completely impossible without a notary?

— The new version of the law (Article 24 of Federal Law No. 122-FZ of July 27, 1997) prescribes that all transactions involving the alienation of shares in the right of common ownership of real estate must be notarized - be it a sale, exchange, donation, and so on. A notary will be required even if all co-owners are selling their shares, and not just one of them. Are there cases when you can do without a notary?

- Eat. Only transactions in which the property is in common joint ownership without determining shares or is individually owned by citizens do not fall under this article. But this is a negligible number of the total number of real estate transactions.

— If a notary is now handling these transactions, why spend money on the services of a realtor? After all, the notary bears full financial responsibility for his actions.

- I'll say more. Obligations confirmed by a notary do not require proof unless the authenticity of a notarized document is refuted or a significant violation of the procedure for notarial action is established (clause 5 of Article 61 of the Code of Civil Procedure of the Russian Federation).

Why a realtor? You see, the fact is that a notary is responsible only for the transaction that he directly certifies. It is its legality (and the powers of the parties to complete the transaction) that the notary is obliged to check (Article 163 of the Civil Code of the Russian Federation).

But legal verification of the purity of previous transfers of property rights is not within its competence. But it is precisely because of such violations that the buyer may have problems in the future.

So the realtor, as before, bears the burden of verifying the legality of previous transactions, identifying the circle of persons whose rights may have been violated, and assessing the risks that the buyer assumes in this regard.

The “chain” doesn’t work without a realtor

— In what other cases is a realtor necessary?

— You cannot do without his services even in the case when several apartments are involved in the transaction, and only the contract for one of them is subject to mandatory notarization.

Or here's an example. An apartment in Moscow is for sale, and in exchange an apartment in the Moscow region is purchased. In this case, it will not be possible to carry out a transaction with just one notary in Moscow for all properties, since transactions are certified at the location of the property.

Is the realtor now an extra intermediary or an indispensable link? / David Oxberry / Global Look Press

This means that after certification of the first purchase and sale agreement for an apartment in Moscow, the client will have to go to the region to another notary to conclude a purchase and sale agreement for an alternative apartment. And only after this the full package of documents can be submitted to the Rosreestr service (again, in different places - according to the territorial principle).

All these actions need to be connected with the calculations of the parties, agreeing on their order in such a way that no one will suffer if one of the transactions is suddenly not notarized or does not pass state registration of rights. Naturally, no notary will do this (notarization is only the final part of the transaction). Such services - for organizing the execution of interrelated (alternative) transactions - are, as before, provided by realtors.

Who will find an apartment?

— Apparently, to the list of realtor services we should add their main function - searching for real estate options...

- Undoubtedly. No notary will look for a buyer for an apartment or select a property for an alternative purchase, as well as negotiate with the owners of these properties on the purchase and sale in the interests of the client. He simply does not have the right to do this, since he can only provide notary services, which do not include searching for apartments and the like.

But the realtor is precisely the specialist who conducts the necessary negotiations with all parties to the transaction. Which is negotiated for you, organizes the transaction and settlement procedure between its parties.

In addition, as a rule, realtors are very good psychologists and often, even while viewing an apartment, they identify unscrupulous sellers who are trying to hide the “pitfalls” when selling their property.

Necessary documents and conditions when drawing up a will.

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

Passport.
Certificate of legal capacity if the testator is 70 years old. Can also be ordered at the request of the person.
Confirmation of ownership of the living space.
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.

Who should pay the notary - the buyer or the seller?

Important

This means that they will each sell their share. It is important to pay attention to the purchase and sale agreement here. It should no longer contain two, as in the case of one owner, but three persons - a buyer and two sellers.

Attention

It is not necessary to draw up two contracts - with each separately - you just need to indicate both in one purchase and sale document.
Download the contract for purchasing an apartment from two owners (sample/form). During the purchase process, you need to pay attention to the deposit agreement. Both owners must also be registered there, and the amount of the deposit is divided in half - for each. Receipts must be drawn up in writing by each of the sellers, who write that they have received the deposit (in proportion). There may be another option for purchasing an apartment, without the presence of another owner.