What documents are needed to buy an apartment, where to get and check them

Acquisition of real estate is a responsible step, because we are talking about significant amounts. So that in the future the transaction will not be declared invalid or void, it is important to responsibly approach its execution. What documents are needed to buy an apartment depends on the specific situation. There are different options: housing in a new or old house, with the involvement of maternity capital, on bail.

You can collect the necessary papers both with the help of realtors and on your own. The registration of the transaction takes place in the bodies of Rosreestr and theoretically can do without intermediaries. But if large amounts are at stake or the transparency of the agreement raises questions, be sure to contact realtors for help.

To correctly draw up documents when buying an apartment, make sure:

• Firstly, they must all be original and not have signs of forgery and corrections.
• Secondly, the papers should be submitted to the body authorized to deal with the registration of the transaction.
• Thirdly, it is necessary to follow the procedure established by the legislation.

Where to begin

The essential terms of the contract for the sale of real estate are information about the alienated object (address, inventory number, area) and its price. The parties must be legally qualified to enter into the transaction. The apartment itself cannot have any encumbrances, that is, be mortgaged, arrested. It needs to be identified, so you can’t do without title documents.

So, as a general rule, the following papers are required (the main package):

• Passports of the participants in the transaction (must be valid at the time of signing the contract).
• Title deed for the apartment.
• Technical passport for the object (produced by the technical inventory bureau at the location of the property).
• Purchase and sale agreement signed by the parties.
• Transfer-acceptance act (document for buying an apartment in a new building or on the secondary market).
• Application for state registration of rights to real estate.
• Extract from the personal account (for the secondary market) and the house book.
• Information about the payment of state duty for the performance of the action.

A great option is to submit documents to the MFC when buying an apartment. Specialists will help you find out what specific papers are needed in a given situation, what can be ordered (obtained) on the spot. You can also start processing the transaction through the State Services portal, this will save time.

Additionally, you may need the following (additional package):

• Extract from the USRN (can be issued at the MFC or received during the procedure).
• A power of attorney giving the right to carry out an action (if the transaction is carried out through a representative).
• The constituent documents of the company (if the party is a legal entity).
• Confirmation of the deposit of funds for the shared construction object.
• The consent of the second spouse to the disposal of property or an equivalent (court decision by which the property is divided, a division agreement, etc.).
• Information on compliance with the procedure for the alienation of a share in common property (if the property is owned by several persons).
• Current certificate for mat. capital.

The procedure for processing documents when buying an apartment is as follows: the parties sign an agreement, execute it, after which they apply for registration of the transaction. Funds for the object must be transferred before the transfer of ownership. An excellent option is to sign an agreement with a notary, exchange keys and money, and then contact Rosreestr.

Housing in a finished house (secondary market)

You will need the same documents for the purchase of an apartment in secondary housing as in a new building. The buyer should definitely read the extract from the personal account. It lists both registered tenants and service debts. The certificate is valid for 30 days.

An extract from the house book (on the composition of the family) will allow you to find out about those registered in the premises, who has the right to use it. Buying real estate in some cases gives the owner the opportunity to evict residents, but this is unnecessary trouble. You can require the seller to stop the registration of other persons.

Documents for buying an apartment on the secondary market include an act of acceptance and transfer. This is especially important if the property is being sold furnished and equipped. Reflect the current state of the counters in order to remove responsibility for the debts of the previous user. The act is primarily necessary for the seller, but can serve as a basis for filing claims if hidden defects are found.

Housing in a new house (primary market)

Documents when buying an apartment from a developer include an act of acceptance and transfer of an object, a certificate of repayment of a debt to the company. It is important that in addition to the sale and purchase agreement there may be an investment agreement. However, the transaction itself is safer, fewer papers are needed, since there are no previous owners, the history of ownership of the object.

Options for buying an object:

• For own funds;
• For attracted resources.

In the first and second cases, the accounting department of the company must confirm that the money has been credited to the account. It does not matter if they came from the buyer or from the bank – it does not matter for registration. If the acquirer of the property participated in shared construction, he needs the same certificate from the cooperative.

Important! In shared construction, money cannot be transferred in cash. They come only to the account of the developer or cooperative. The requirement to transfer funds in cash should alert: this is one of the signs of impending bankruptcy.

Before going to Rosreestr, you need to provide:

• act of acceptance and transfer of the object (the buyer certifies that he agrees with the quality and scope of work performed);
• technical passport for the apartment (measurements of all rooms, drawing up a plan will be required).

The signing of the acceptance certificate does not deprive the buyer of the opportunity to demand the elimination of certain shortcomings. But, as practice shows, after its registration, the company’s desire to eliminate shortcomings sharply decreases. Without such an act, the transaction cannot be registered with the Rosreestr authorities. If the developer does not eliminate the shortcomings for a long time, there is an option: to sign an acceptance certificate with reservations, which indicates the deadlines for completing the object.

Housing secured by real estate

Mortgage is the best way to solve the housing problem for most families. The law allows you to purchase housing in the primary and secondary market, leaving the right to approve the transaction for the bank. Mortgage should not be confused with leasing: in the second case, the property remains with the entity financing the transaction. The participation of the bank (debt to it) is necessarily reflected in the registration documents.

A transaction involving bank funds is somewhat more complicated:

• an agreement is concluded with the developer on the purchase of real estate;
• an application is submitted to the bank with a request for a loan;
• after receiving the funds, the developer issues a certificate stating that the buyer (shareholder) has no debt on the object;
• option – the seller of the secondary market apartment certifies the fact of receiving money.

Further – the same procedure: you need to collect documents for the object and apply for registration of the transaction. A new apartment also needs a technical passport, and to the contract – an act of acceptance of the premises for operation. As a rule, developers have a sales department that helps to collect the necessary papers.

Attention! After registering the transaction, you must notify the bank within the period specified in the contract. Failure to comply with this requirement will result in sanctions for the borrower. Until the bank provides Rosreestr with a certificate of debt repayment, no actions can be taken with real estate.

If housing is purchased on the secondary market, additional documents will be required to purchase an apartment in a mortgage. These include a document on real estate appraisal, and it is necessary at the stage of obtaining a loan from a bank. This is done in order to avoid fictitious transactions when the object is sold at an inflated price.

It should be noted that the bank will not accompany the client’s transaction, limiting itself to financial participation in the process. But control will be complete and comprehensive, and in case of violation of the terms of the contract, the institution may demand the return of the entire amount.

Buying a room

Documents for the purchase of a share in an apartment include a written notice to other owners of the proposed transaction. They have a priority right to purchase a room at the price offered to other persons. Without a notice prepared by a notary, the contract cannot be registered with Rosreestr.

According to the same rules, the transfer of ownership of a part of a residential building is formalized, if the shares are not allocated in kind. Theoretically, an apartment can also be divided into two separate objects, but this is more difficult to do. However, if the right of pre-emption has not been observed, other equity holders can only demand the transfer of the buyer’s obligations, but not the cancellation of the transaction.

Features of buying a home using a certificate

As you know, maternity capital is paid for the birth of the first (from 01.01.2020/XNUMX/XNUMX), second and subsequent children. It can be implemented to improve the living conditions of the family. The main rule is the allocation of shares, where the child will also receive his share. Therefore, documents for the purchase of housing under maternity capital, first of all, include a certificate entitling them to financial support.

Other conditions are required:

• The consent of the guardianship and guardianship authorities (in the case of a parallel sale of the object where the child is registered);
• Reflection in the contract of the fact of the transfer of a share to each child for whom capital has been received, with subsequent registration.

First you need to contact the Pension Fund (in the territorial office or through the State Services portal). The issued certificate is suitable for paying for the transaction in whole or in part, both in the primary and secondary markets. The participation of the FIU cannot be avoided, because the money will be transferred to the account of the seller of real estate by the specified department.

To complete the transaction, you will need documents confirming the presence of children: birth certificates. The buyer must not be deprived of parental rights in respect of a son or daughter. The correctness of the transaction is monitored by supervisory authorities. However, if errors are present, they will not dispute the contract itself, but only the legality of the transfer of funds under the certificate.

Important! Matkapital can be used to pay the down payment on the loan or to pay off part of the debt, interest. Detailed instructions on the use of funds can be found on the FIU website.

Where errors may appear

It is important for the purchaser of real estate to make sure that he is acquiring exactly the object that he was shown. Before checking documents when buying an apartment, address needs to be matched. There have been cases when instead of one room another was sold. Another important aspect is the building area. Old data sheets may contain errors and inaccuracies. The purchaser has the right to make sure that he pays for real “meters”, and not air.

Common problems:

• invalidity of the passport (for example, after changing the surname);
• technical errors in the data sheet;
• information about the right of ownership (drawn up with violations);
• problems with the privatization of the object (carried out illegally).

What documents to check when buying an apartment

The papers on the basis of which the ownership was transferred to the seller. It should alert the quick conduct of several transactions, when each person owned the apartment for a minimum of time. Thanks to an extract from the USRN, you can find out the history of real estate, protecting yourself from a potentially dangerous transaction.

How to draw up a sales contract

You can seek help from realtors or lawyers: this service is provided separately. Standard forms of agreements presented on the Internet are also suitable. The simpler the contract, the better, and a large number of additional conditions should alert.

Important! The price specified in the agreement must be real. If the transaction is canceled, the parties are returned to their original state. Understating the amount can lead to financial losses.

What happens if you do not comply with all formalities

Some documents can be requested for insurance, but a precaution will not be superfluous, because we are talking about large amounts. For example, if a home was purchased during marriage, consent is required for its alienation of the “second half”. It happens that a person marries and divorces several times, traces of the former spouse are lost.

If you do not make sure that other persons do not claim the apartment, the transaction may be challenged in the future. This is also true for real estate received by inheritance. Any of the successors who, for valid reasons, have not declared their rights may do so in the future.

Attention! When buying a home on the secondary market, you should seek help from realtors for a comprehensive verification of the transaction. Organizations are financially responsible for the quality of the service provided.

The registration file contains the entire package of documents for the previous transaction. Professional market participants have the right to receive it and explore it. Of course, it makes no sense to do this in relation to newly created real estate. But if the object has passed through at least one hand, the precaution will not be superfluous.

What will be on hand after the transaction

The result is the state registration of the agreement, on the basis of which the ownership right is transferred to the acquirer. Documents received when buying an apartment – this is an extract from the USRN, a registration certificate, as well as an agreement signed by the parties. The parties have the right to make copies of the papers used during the procedure for themselves. The seller receives the full amount of money stipulated by the agreement.

Documents issued when buying an apartment in shared construction will contain a certificate stating that the shareholder has fully fulfilled his obligation to the developer. Be sure to save this paper for the future (sometimes companies go bankrupt).

Many of the documents received will be needed to issue a property deduction.

The cost of making a deal

For citizens, this is 2000 rubles, and for those who make a transaction through the State Services portal, it will be 1400. The amount includes only the registration of the contract and amendments to the USRN. An extract costs from 350 rubles. Services of realtors, duplicate documents are paid separately.