Grounds for re-registration of property

To transfer an apartment to another person, a citizen must be its legal owner. The right of ownership is defined at the legislative level, allowing citizens of the Russian Federation not only to own property, but also to dispose of it. As an owner, a person can sell an object, donate it, exchange it, or bequeath it. That is, property can be transferred to any person (individual or legal) in any convenient way.

The owner has every right to destroy an object that belongs to him, if such actions do not cause damage to nature and others. This possibility is indicated in the second section of the Civil Code of the Russian Federation.

Re-registration of ownership is one of the types of property disposal. And if some objects can be transferred to another person on the basis of an oral agreement, then for others a written contract will be required. This applies to apartments and other real estate.

But even drawing up a written agreement in this case will not be enough. The change of property rights must be entered into the relevant real estate register.

The Civil Code of the Russian Federation provides for five ways to re-register an apartment to another person:

1. Purchase and sale. The owner of the object transfers it to another person, receiving payment in return. The nuances of concluding such transactions are described in Articles 549-558 of the Civil Code of the Russian Federation.
2. Exchange when two owners exchange property. If the exchange is uneven, an additional payment may be made by one of the parties. Such transactions are regulated by Articles 567-571 of the Civil Code of the Russian Federation.
3. Giving. The owner transfers his property to another person without receiving anything in return. The main feature of such transactions is gratuitousness. If the owner of the apartment received payment when transferring the object as a gift, then such a transaction is automatically recognized as void. Also, unlike a will, a deed of gift is a bilateral agreement, and therefore it will not be possible to transfer property without the consent of the recipient. The process of concluding deeds of gift is regulated by Articles 572-582 of the Civil Code of the Russian Federation.
4. Rent. A mutually beneficial transaction, the participants of which are often elderly people. It involves the provision of care and maintenance services. In return, the citizen receives an apartment, which becomes his property after the death of the owner or after a certain period. Concluding transactions with rent is regulated by Articles 589-605 of the Civil Code of the Russian Federation.
5. Will. A unilateral transaction involving the transfer of property to a recipient after the death of the owner. During the life of the maker, the will is not valid and can be rewritten by him or even annulled. The nuances of drawing up such orders are indicated in Articles 1110-1175 of the Civil Code of the Russian Federation.

Nuances of real estate transition

Each of the above methods of transferring real estate involves certain legal subtleties. For example, when concluding a purchase and sale agreement, citizens will have to pay notary services and state fees. Most often, real estate transactions are concluded between strangers, but sometimes the buyer is a relative. For example, a father can sell an apartment to his son at a symbolic price. If the seller has owned the property for less than 5 years, he will have to pay tax when selling it.

Much more often, relatives enter into deeds of gift. Such agreements have a number of advantages over other transactions:

1. If a gift agreement is concluded between relatives, then no tax is paid on the transfer of property. We are talking about persons who are closely related, for example, spouses, grandparents and grandchildren, parents and children, brothers and sisters. The category of close relatives also includes adopted children. All other persons will be required to pay a fee upon receipt of the gift.
2. After signing the agreement, the property instantly becomes the property of the donee. Let us remind you that when drawing up a will, the apartment is transferred to the recipient only after the death of the owner.
3. The gift is transferred free of charge, which makes this deal the best option for relatives.
4. The minimum number of documents will allow you to avoid paperwork.

An exchange agreement involves the exchange of real estate between the parties to the transaction. More often, citizens exchange housing of equal value, which avoids additional payments and compensation. This method allows you to avoid paying income tax. If the exchange is unequal, and one participant in the transaction pays the other a certain amount, then payment of a duty cannot be avoided.

Having received an apartment by inheritance, a citizen will not have to pay income tax. In the current legislation of the Russian Federation, inheritance does not relate to income. However, the heir will have to pay for notary services. The amount of the fee depends on the cost of housing.

Possible costs for realtors

Another cost issue is the services of real estate companies. The client can order only a document verification from the real estate agency or entrust the realtors with the entire process of purchasing an apartment. The last option is chosen by people who do not have time to act on their own. It is believed that specialists will find a suitable apartment much faster.

The costs of realtor services in Moscow, St. Petersburg and other Russian regions can vary greatly, because they largely depend on the cost of housing. Some realtors charge a fixed amount for their services, which starts from 20,000 rubles. But more often the amount of remuneration is determined as a percentage.

On average, you have to pay from 1 to 3% for the help of a professional, and these costs fall on the buyer: the price is simply included in the cost of the home.

What documents are required to re-register an apartment?

To re-register real estate you will need the following papers:

• passports of persons participating in the transaction;
• cadastral extracts;
• permissions certified by a notary;
• title documentation for real estate;
• extract from the house register;
• cadastral extract;
• a document certifying the registration of ownership;
• real estate re-registration agreement.

This is a standard list of documents that will be needed to re-register an apartment as the property of another person. Additional paperwork may also be required depending on the nuances of the transaction.

Cost of real estate re-registration

When planning to sell an apartment, owners often entrust the organization of the transaction to realtors. For assistance in finding a buyer and concluding a contract, the specialist charges an additional fee. The size of the realtor's commission depends on the following factors:

• timing of the procedure;
• complexity of the transaction.

In the Russian Federation, the average cost of realtor services is 2% of the value of the property. Therefore, in order to save money, some property owners prefer to conclude the contract themselves. But to do this, you need to know the legal subtleties of the procedure.

When receiving income from the sale of an apartment, a citizen must pay income tax to the state. Its size is 13% of the amount received from the sale of the apartment. To receive tax exemption, a citizen must meet the following criteria:

1. Possession of property for more than three years. If a citizen received an apartment by inheritance or as a gift, then he needs to wait 3 years before selling it. If you buy a home, the tenure period increases. A citizen will be able to sell the purchased apartment after 5 years without paying taxes.
2. Cost less than a million rubles. Only those properties that cost more than a million are subject to tax. But even in this case, the seller can receive a tax deduction.
3. The proceeds did not cover the cost of purchasing the apartment. For example, a citizen bought a home for 1.8 million rubles, and two years later sold it for 1.6 million. He will not pay tax because he did not make a profit on the sale of the home.

Transactions involving a notary

There are two types of transactions in which the law obliges persons to register the sale of housing with a notary:

• If a share in housing is sold and it is part of the common property. This is enshrined in Article 42 of Federal Law No. 218-FZ;
• In the event that a transaction occurs where the owner of the property is a minor or an incapacitated citizen. This is enshrined in Article 54 of Federal Law No. 218-FZ.

Only in these cases is it necessary to contact a notary, because this is required by the legislation of the Russian Federation. In other situations, it is also possible to certify the transaction. This requires the consent of both parties to the contract or the requirement of one of the parties, who will subsequently pay the costs for the service. By certifying the transaction in this way, it can be significantly secured because The fraudster will be categorically against such services and will subsequently refuse the transaction.

In order to find out the cost of notary services, you need to look into the legislation. In particular, in article 333.24 of the NKRF. This article describes the prices for various notary services. Certification of the transaction, which is required by law, will cost 0.5% of the transaction amount. But this cost should not be lower than 300 rubles. and no more than 20 thousand rubles (clause 5 of Article 333.34 of the NKRF).

How to save money when transferring an apartment

To reduce your taxes and avoid difficult situations, listen to the following tips:

1. Regardless of the type of transaction being concluded, it is recommended that the contract be certified by a notary. Notarization is a guarantee of the legal purity of the transaction and the absence of problems in the future.
2. You should not purchase an apartment with registered persons. To discharge an adult able-bodied citizen, you will have to spend not only time, but also money. Such actions are carried out only through the courts.
3. If you have doubts about the seller’s honesty, it is better to order an extract from the Unified State Register of Real Estate. This document will contain information about the seller, as well as information about encumbrances.
4. Concluding an annuity agreement can be dangerous not only for the recipient, but also for the payer. If an elderly person has relatives, they will subsequently be able to challenge the agreement in court.
5. It is advisable for the heir to study the text of the open will in advance. You need to check the recipient's first and last name for typos. If an error is made in the heir's data, the will will be declared invalid.

Costs when purchasing a new building

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Stanislav Ershov

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Buyers looking to move into a new home may have other costs to pay. For example, after commissioning a house, it turns out that the actual area of ​​the apartment differs from the previously stated design area. If it turns out to be less, the builders return the overpaid money to the client. If excess living space is discovered, the buyer makes an additional payment for each square meter.

Prepayment for utilities may also be required. Sometimes in contracts there is a condition that the client must pay a certain amount for housing and communal services even before moving in. This is done so that before the residents move in, the management company does not have debts to resource suppliers.

But providing the facility free from the obligations of third parties is the responsibility of the construction company, and not its right. Therefore, the developer cannot demand money for checking the legal purity of the transaction.