An example is the acquisition of real estate in... Acquisition of real estate

First of all, it is necessary to clarify what the term “thing” means in the civil legal sense, since our everyday ideas about things and the legal characteristics of this concept do not always coincide.

The law classifies as things not only inanimate objects (cars, items of clothing and household items, etc.), but also living beings - wild and domestic animals. Invisible and not always tangible substances, such as gas, thermal, electrical and nuclear energy, are also objects of civil circulation.

A thing becomes an object of law due to its most important feature - the presence of properties capable of satisfying human needs. For this reason, things whose beneficial properties are unknown or not studied at this stage of the development of human civilization, or are inaccessible (for example, cosmic bodies) cannot be objects of civil rights, which means that it is impossible to purchase these objects.

Russian civil legislation classifies an extremely wide range of objects as things. It also includes cash and non-cash funds, documentary and uncertificated securities, property rights (Article 128 of the Civil Code). All of the above is covered by the concept of “property”, so you need to remember that the concepts of thing and property in the civil law of the Russian Federation are synonymous.

Not all things can be freely acquired and alienated, i.e. participate in civil circulation. Based on their negotiability, things are divided into unlimited circulation (can be objects of any transactions), limited in circulation (to acquire ownership of such things you need to obtain a special permit: weapons, drugs, poisons, etc.) and withdrawn from circulation that cannot be the subject of transactions (rivers, seas, roads, some public buildings, etc.).

Therefore, when acquiring or alienating a thing, you must first determine its negotiability.

It is known that some human rights arise from birth and end with death (the right to life, health). The right of ownership does not apply to such rights; it is acquired by citizens and legal entities on the grounds established by law.

The law (Article 218 of the Civil Code) names several grounds (methods) for acquiring property rights.

Paragraph 1 of the first named article of the code deals with the acquisition of ownership of a new thing that a person has manufactured or created for himself. The owner of such a thing becomes the person who created it.

A new movable thing can be created by recycling an old thing. The right of ownership to such a thing arises from the person who owns the processed materials. If the recycler is not the owner of the materials, then the owner of the materials becomes the owner of the new item.

There is an exception to this rule that applies depending on the cost of processing. If this cost significantly exceeds the cost of the materials, then the ownership of the new item is acquired by the processor who processed the item for himself. In this case, the processor must reimburse the owner of the materials for their cost. And, conversely, the owner of materials who acquired the right to a new (processed) thing is obliged to reimburse the cost of processing to the person who carried it out. The law allows these rules to be changed by an agreement concluded between the owner of the materials and the processor (clause 2 of Article 220 of the Civil Code).

The above rules do not apply when it comes to.

To create real estate as a new thing, it is necessary to have a land plot allocated for these purposes, first obtain a construction permit and carry it out in compliance with urban planning norms and rules. If this is ignored, the constructed real estate (a residential building, other building or structure) is recognized as an unauthorized construction.

The law does not recognize the right of ownership of an unauthorized construction to the person who carried it out (clause 2 of Article 222 of the Civil Code). Accordingly, it is illegal to dispose of unauthorized construction. It cannot be sold, given as a gift, rented out, or other transactions can be made with unauthorized construction. Moreover, the law obliges the person who carried out the unauthorized construction to demolish it at his own expense.

And yet, for negligent developers, a chance is provided to retain the right to build or reimburse its cost. To do this, you need to apply to the court for recognition of ownership of the building. The court's decision will largely depend on who has the ownership rights, lifelong inheritable ownership or permanent (perpetual) ownership of the land plot on which the construction was carried out - the developer himself or another person.

If the owner of the right to a land plot and the unauthorized developer are the same person, then most likely the court will recognize his right of ownership, provided that the construction does not violate the rights of other persons and does not pose a threat to the life and health of citizens.

If the unauthorized developer and the owner of the land plot are different persons, then a claim for recognition of ownership rights can be filed by the owner of the land plot. If the court recognizes his ownership of the building, the court obliges him to reimburse the developer for construction costs in an amount determined by the court.

As you can see, there are a lot of risks and hassles with unauthorized construction. To avoid them, the developer needs to follow the established rules when constructing real estate, and the buyer of real estate, before giving money to the seller, needs to find out whether the property is an unauthorized construction.

If the property already has an owner, then the right to such property can be acquired by another person on the basis of a civil legal transaction: purchase and sale, exchange, gift, etc. This is the most common way of acquiring ownership of things. Each of us makes such transactions every day, buying, for example, food in a store.

Ownership of the property of a deceased person passes to other persons in accordance with or.

Reorganization of a legal entity also entails the transfer of ownership of its property to its legal successors - legal entities.

The basis for the acquisition of ownership of real estate by a member of a consumer cooperative is the full payment of the share contribution for the garage, apartment or other premises provided by the cooperative (clause 4 of Article 218 of the Civil Code).

Above we talked about the methods (grounds) for acquiring property. Now we will try to answer the question from what moment a thing becomes the property of a particular person.

According to the general rule established by Article 223 of the Civil Code, the ownership right of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or contract. The law recognizes the transfer of a thing as its delivery to the acquirer. The law recognizes the actual receipt of a thing into the possession of the acquirer as the moment of its delivery, and therefore the moment of transfer of ownership of the thing to the acquirer.

Meanwhile, the law allows the parties to the contract to determine other conditions for the transfer of ownership of the thing (for example, from the moment the buyer pays its price in full).

The rules of Article 223 of the Civil Code concern mainly movable things.

In cases where the transfer of ownership of a thing is subject to state registration (and this applies to immovable things), the acquirer's right of ownership of the thing arises from the moment of such registration, unless otherwise provided by law. Thus, a member of a consumer cooperative acquires ownership of real estate not from the moment of its state registration, but from the moment the member of the cooperative pays the full share contribution. The need for state registration of ownership of real estate will arise for a member of the cooperative only when he decides to make a transaction with it (sell, donate, etc.).

Buying your own home is the dream of many families. Not everyone can afford their own apartment, since the cost of decent real estate suitable for housing is at least a million rubles, even in the region.

Considering that it is important to have your own home, the state allows many ways to purchase an apartment that are available to families with ordinary income. This includes a mortgage, housing lending, the possibility of obtaining a tax deduction, shared construction, and many other methods.

Pros of your apartment

Purchasing an apartment becomes a matter of not only life support, but also prestige. After all, not everyone can buy real estate, only those who have earned it through their hard work and who have taken advantage of the opportunities offered.

Despite the fact that in the West many families find it cheaper to rent a home than to buy their own, in our country the situation is different.

Rent in Russia is quite high, and the law is clearly on the side of landlords, not tenants.

Tenants are not protected from homeowners; they can be evicted at any time, their rent raised, and forced to pay for repairs. And if it is not concluded (and this is the case in the vast majority of cases), then there is no way to hold the landlord accountable.

In addition, the tenant needs to coordinate every step to change the appearance of the apartment with its owner, he has to sort things out with representatives of the management company if the owner of the property turns out to be an unscrupulous payer, etc.

Purchasing your own apartment turns out to be beneficial not only from a psychological point of view, but also from an economic one. Of course, often payments for your apartment, if it is taken out on credit, are higher than the potential rent, but these payments are temporary and the money is invested in your own home, and not given to your uncle.

How can I buy an apartment

The easiest way: save money. However, not every family has such a level of income that they can afford to save enough to buy an apartment. Especially when you consider that real estate goes up in price, and in times of crisis does not lose so much in value that you can “seize the moment.”

Therefore, it makes sense to consider other methods.

Mortgage

To obtain a mortgage from a bank, you need to have a good credit history, sufficient income to make payments, and a down payment (usually 10%).

To obtain approval from the bank, you can attract co-borrowers (for example, parents), as well as guarantee your existing real estate or car, prove the presence of additional income (for example, interest on a bank deposit).

Credit

This method is well suited for families for whom a mortgage is not suitable for one reason or another. For example, you don’t want to take out a mortgage for a long term (a mortgage implies a “marathon” for 15–20 years and, as a result, a reduction in the monthly payment amount), while your income allows you to take out a shorter-term loan with an increased monthly payment amount.

Also, taking out a loan is optimal if a property of a smaller area is being sold and a more spacious home is being purchased.

Use of subsidies

This method is combined with the first two. There are several types of government subsidies. For example, the funds received can be used as a down payment, as a certificate.

A military certificate, on the contrary, allows you to take out a mortgage on preferential terms. The third type of subsidy is assistance in repaying a mortgage. So, you can apply for mortgage interest.

Social programs

Some regions have launched assistance programs for young or large families. For example, in Bashkortostan large families are allocated plots for construction, and in the Kaliningrad region they allocate a million for the purchase of housing.

You should ask your local social security department about the availability of such programs and their conditions.

Participation in special co-financing programs

Such programs are offered by some banks, in particular Sberbank. Participation means that the family makes contributions over a certain period of time (2-3 years), replenishing a special savings account. After the expiration of the agreed period, the state increases the accumulated amount by a certain percentage, and it can be used as a down payment.

Share building

Apartments at this stage are much cheaper, sometimes 3-4 times lower than the average market price. In addition, payments are dispersed throughout the construction of the house.

Among the significant disadvantages are a large number of fraudulent schemes that are used in shared construction, because of which shareholders are deceived, construction turns into a long-term construction project or is completely frozen.

Rent with subsequent purchase

This method is extremely rare, but is used. In this case, there will be two payments: the first - in as rent, the second – towards the future purchase of an apartment.

A type of such lease: annuity with lifelong maintenance. For example, a family is caring for an elderly woman, and an agreement is concluded between them, the essence of which boils down to the following: the tenants fully support the owner of the property and pay all her bills, but after her death the apartment becomes their property.

Thus, there are many ways to purchase your property without having enough funds on hand. You need to carefully study every opportunity, weigh all the advantages and disadvantages - and act.

Law is one of the types of regulators of social relations. Civil law in accordance with Art. 2 of the Civil Code of the Russian Federation determines the legal status of participants in civil transactions, the grounds for the emergence and procedure for the exercise of property rights and other real rights, rights to the results of intellectual activity and equivalent means of individualization (intellectual rights), regulates contractual and other obligations, as well as other property and personal non-property relations.

The right of ownership is the broadest real right in terms of the scope of powers, providing the authorized person with maximum opportunities for using the real estate belonging to him. Civil legislation defines limited real rights (Article 216 of the Civil Code of the Russian Federation), which are associated with the use of other people's land plots and other real estate objects, due to which they are subject to state registration (easement, lifelong inheritable possession, permanent use), as well as limited real rights , formalizing the property isolation of state and municipal unitary enterprises, state-owned enterprises and institutions - legal entities that are not the owners of the property assigned to them. The property of the named legal entities is assigned by the owner with the right of economic management and operational management.

The powers of the owner are disclosed in paragraph 1 of Art. 209 of the Civil Code of the Russian Federation through the triad:

- possession;
- use;
- order.

The right of ownership is understood as a legally secured opportunity to have property in one’s economic (actual) possession.

The right to use is the legal possibility of exploitation and economic use of property by extracting its useful properties. Use is closely related to the right of ownership, since in most cases you can use property only by actually owning it.

The power of disposal is the ability to determine the legal fate of a thing by changing its ownership, condition or purpose (alienation by contract, inheritance, destruction).

For the emergence of ownership of real estate, as well as other legal relations, it is necessary to have certain legal facts, which in Russian civil law are called grounds for acquiring ownership. Traditionally, they are usually divided into primary and derivative:

- initial - independent of the rights of the previous owner to a given thing;
- derivatives, in which the right of ownership of a thing passes to the subsequent owner from his predecessor.

The initial grounds for acquiring the right to real estate include:

- acquisition of ownership rights to a newly manufactured thing (creation (construction) in accordance with the established procedure of a new property to which no one previously had rights);

Derivative acquisition methods include:

- privatization;

The right of ownership to newly created real estate is acquired by the person who manufactured or created it for himself in compliance with the law and other legal acts. At the same time, the legislator, especially for real estate, strictly connects the moment of acquisition of ownership of such property with the moment of its state registration.

A significant initial basis for acquiring ownership rights to real estate is the ownerlessness of such property. According to the rules of Article 225 of the Civil Code of the Russian Federation, property that does not have an owner, or whose owner is unknown, or has renounced the right of ownership in accordance with Article 236 of the Civil Code of the Russian Federation, is recognized as ownerless. In the latter case, such owner is not deprived of rights and is not released from obligations in relation to the relevant property until the acquisition of ownership rights to it by another person.

Separately, the legislator considers the situation of acquiring ownership of an unauthorized building, that is, in violation of the principle of compliance with the law and other legal acts. Article 222 of the Civil Code of the Russian Federation defines unauthorized construction as a residential building, other structure, structure or other real estate created on a land plot not allocated for these purposes in the manner established by law and other legal acts, or created without obtaining the necessary permits or with significant violation of urban planning norms and rules. At the same time, the unauthorized construction itself does not allow the owner to acquire ownership of the unauthorized created real estate and dispose of such property (sell, donate, lease, make other transactions), which the law additionally indicates.

An unauthorized building is subject to demolition by the person who carried it out, except for the cases provided for in paragraph 3 of Art. 222 of the Civil Code of the Russian Federation. For these purposes, the unauthorized developer is given an order to demolish the unauthorized construction site and put the relevant territory in order, indicating the time frame within which the developer is obliged to take the appropriate actions. However, subject to compliance with the conditions established by law, the right of ownership of such a building may be recognized by the court for a person who has carried out unauthorized development on a land plot that does not belong to him, or for a person who is in ownership, lifelong inheritable possession, and whose permanent perpetual use is such a plot.

The right of ownership of an unauthorized developer can be recognized only on the condition that the land plot located under the relevant building will be provided to this person in the prescribed manner for the erected building, and for the title owner of the plot - with the obligatory establishment of the amounts in which such owner is obliged to compensate the developer costs associated with the development. And none of these persons can be recognized as the owner of the relevant property if the preservation of the building violates the rights and interests protected by law of other persons, or creates a threat to the life and health of citizens.

Acquisitive prescription (Article 234 of the Civil Code of the Russian Federation) is also one of the initial grounds for acquiring ownership rights to real estate. In this case, as well as on other grounds, the right of ownership of real estate arises from the person who acquired this property by virtue of acquisitive prescription from the moment of state registration of the relevant legal fact.

To acquire ownership of real estate by virtue of acquisitive prescription, it is necessary that a person who is not the owner of the property conscientiously, openly and continuously owns this property as his own for fifteen years. Important for the application of this basis for acquiring property rights is the legally correct definition of the statute of limitations for possession, the rules of which are directly listed in paragraphs 3 and 4 of Art. 234 Civil Code of the Russian Federation. Thus, a person referring to the prescription of possession can add to the time of his possession the entire time during which this property was owned by the one whose legal successor this person is.

At the same time, the period of acquisitive limitation begins only from the time when the limitation period expires for a vindication claim or for a claim by an owner who is not the owner.

On a derivative basis, the most common and regular way of acquiring rights to real estate is the acquisition of property under a contract.

To acquire ownership rights on this basis, it is necessary that an agreement be concluded between the acquirer and the alienator of the property in simple form, and in cases directly provided for by law, in qualified written form. In this case, we may be talking about a real estate purchase and sale agreement, the form of which is established under pain of invalidity as written by drawing up one document by the parties (Article 550 of the Civil Code of the Russian Federation). At the same time, the legislator especially emphasizes and provides special protection for the obligation of the parties to register the transfer of ownership of real estate under a real estate sale agreement.

Very common methods of acquiring real estate are inheritance by citizens by law or by will, as well as similar acquisition of ownership of the property of a legal entity during its reorganization or liquidation. When a legal entity is reorganized, the ownership of the property belonging to it is transferred to the successor organizations of such a legal entity in appropriate amounts in accordance with transfer acts and the separation balance sheet (paragraph 3, paragraph 2, article 218, articles 58, 59 of the Civil Code of the Russian Federation).

In the event of liquidation of a legal entity, that is, its termination without transfer of rights and obligations, the solution to the issue of the legal acquirer of the property of the liquidated organization depends on whether the participants of this legal entity retain any rights to its property and, if so, what and in what volume? By default of the law and constituent documents, the property remaining after satisfying the claims of creditors of a legal entity is transferred to its founders (participants) who have real or liability rights to this property (clause 7 of Article 63 of the Civil Code of the Russian Federation).

An agreement on the transfer of real estate from state and municipal to private ownership - a privatization agreement (Article 217 of the Civil Code of the Russian Federation) should also be classified as a derivative type of basis for acquiring property rights.

The grounds for termination of ownership of real estate can be divided into those occurring at the will of the owner and against his will, i.e., forcibly.

Termination of property rights at the will of the owner occurs in cases of alienation of property rights to other persons (for example, under sales contracts), as well as in the case of the owner’s voluntary renunciation of his right (Article 236 of the Civil Code of the Russian Federation).

Relinquishment of property rights is a new basis for termination of property rights in our legislation. A citizen or legal entity may renounce the right of ownership of property owned by him by declaring this or taking other actions that definitely indicate his removal from the possession, use and disposal of property without the intention of retaining any rights to this property. Relinquishment of the right of ownership does not entail the termination of the rights and obligations of the owner in relation to the relevant property until the acquisition of ownership of it by another person.

Forced termination of ownership of real estate is not permitted, except in cases where, on the grounds provided for by law, the following is carried out:

1) foreclosure of property for obligations (Article 237 of the Civil Code of the Russian Federation);
2) alienation of property that, by force of law, cannot belong to a given person (Article 238 of the Civil Code of the Russian Federation);
3) alienation of real estate in connection with the seizure of a plot (Article 239 of the Civil Code of the Russian Federation);
4) requisition (Article 242 of the Civil Code of the Russian Federation);
5) confiscation (Article 243 of the Civil Code of the Russian Federation);

In case of forced foreclosure of the owner's real estate for his obligations, the law provides for the termination of the ownership right to such property from the alienator only from the moment the ownership right to such property arises from its acquirer. The acquisition of ownership rights to real estate on this basis is generally carried out in court (unless another procedure for foreclosure is provided for by law or contract), and is subject to a significant number of restrictions. As a general rule, real estate is a vital type of property for citizens and critically necessary for the functioning of commercial organizations, part of their property complex.

In this regard, foreclosures on the debtor’s real estate are applied last, in a complicated manner, and in some cases are directly prohibited.

If, on the grounds permitted by law, a person owns real estate, which by law cannot belong to him, this property must be alienated by the owner within a year from the moment the right of ownership to the property arises, unless a different period is established by law.

According to Art. 239 of the Civil Code of the Russian Federation in cases where the seizure of a land plot for state or municipal needs or due to improper use of the land is impossible without termination of ownership of buildings, structures or other real estate located on this site, this property can be seized from the owner through redemption by the state or sales at public auction in the manner prescribed by law. The demand for seizure of real estate is not subject to satisfaction unless the state body or local government body that filed this demand with the court proves that the use of the land plot for the purposes for which it is seized is impossible without termination of the right of ownership to this real estate. Article 32 of the Housing Code of the Russian Federation provides for measures to ensure the housing rights of the owner of a residential premises when a land plot is withdrawn for state or municipal needs. Residential premises may be seized from the owner through redemption in connection with the seizure of the corresponding land plot for state or municipal needs. The purchase of part of a residential premises is permitted only with the consent of the owner.

The decision to seize residential premises is made by the state authority or local government body that made the decision to seize the corresponding land plot for state or municipal needs. The owner of a residential premises, no later than a year before the upcoming seizure of this premises, must be notified in writing not only of the decision made to seize the residential premises belonging to him, but also of the date of state registration of such a decision by the body that made the decision on seizure.

In accordance with Art. 35 of the Constitution of the Russian Federation, civil legislation establishes that nationalization, that is, the conversion of privately owned property into state ownership, is carried out on the basis of the law with the state compensating the former owner of the nationalized property for its actual value and other losses.

Requisition as a basis for termination of ownership of real estate is a compensated seizure of such property from the owner in the interests of society by decision of state bodies, carried out in the manner and under the conditions established by law. Requisition is applied in cases of natural disasters, accidents, epidemics, epizootics, and other circumstances of an emergency nature, therefore the remaining requisitioned property can be claimed by the owner in court (Article 242 of the Civil Code of the Russian Federation).

In cases expressly provided for by law, real estate may be confiscated from the owner free of charge by a court decision or administratively, as a sanction for committing a crime or other offense (confiscation). A decision on confiscation made administratively may be appealed to a court.

Based on this, we get:

1. Modern civil legislation of the Russian Federation provides for the division of things into movable and immovable. Real estate has traditionally been one of the most valuable civil rights assets;
2. Real estate (real estate) is land plots, subsoil plots, isolated water bodies and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including forests, perennial plantings, buildings, structures, unfinished construction projects. The Civil Code of the Russian Federation also includes movable objects, which are recognized as real estate by law, as real estate;
3. The right of ownership to real estate arises on primary and derivative grounds. The initial grounds for acquiring the right to real estate include:
- - acquisition of ownership of a newly manufactured thing (creation (construction) in the prescribed manner of a new real estate object;
- - acquisition of ownership rights to ownerless real estate;
- - due to the expiration of the acquisition limitation period;
- - if certain conditions are met - for unauthorized construction.

Derivative acquisition methods include:

- acquisition of property rights under a contract;
- acquisition of property rights by inheritance;
- privatization;
- acquisition of ownership of the property of a legal entity as a result of its reorganization or liquidation.

Buying and selling real estate: rules for eliminating risks

Features of legal regulation and the specifics of the subject of a real estate purchase and sale agreement significantly distinguish it from other types of purchase and sale agreements. Let's talk about the form and content of a real estate purchase and sale agreement, the advisability of a preliminary agreement between the parties and how to formalize such an agreement, the risks that need to be foreseen, and the cornerstones that both parties to the contract cannot avoid.

Rule No. 1. We follow the form of the contract

Failure of the parties to comply with the form of the real estate purchase and sale agreement by virtue of the direct instructions of the law () entails its invalidity. The contract for the sale and purchase of real estate requires a written form.

There are various ways to conclude an agreement in writing: in addition to drawing up one document signed by the parties, it is also possible to exchange letters, telegrams, telexes, telefaxes, electronic documents, etc. (). However, in relation to the contract for the sale and purchase of real estate, the legislator not only established a mandatory written form, but also imperatively indicated the method of its implementation: drawing up one document signed by the parties.

Failure of the parties to comply with other formalities (for example, if the sheets of the agreement are not stitched and numbered, there are no signatures or seals of the parties on the firmware) does not indicate a defect in the form of the concluded agreement. The courts come to this conclusion ().

The established practice of applying these norms shows that other written evidence confirming the fact of the conclusion and execution of a real estate purchase and sale agreement is often assessed by the courts as failure of the parties to comply with the proper form of the transaction. For example, the Moscow City Court did not accept as evidence of compliance by the parties with the mandatory form of a real estate purchase and sale agreement a receipt drawn up by the seller confirming receipt of funds from the buyer for the sold real estate ().

Rule No. 2. We provide essential conditions

In order for a real estate purchase and sale agreement to be considered concluded, the parties must not only comply with the form prescribed by law, but also come to an agreement on all essential terms of the agreement.

In relation to any contract, the condition regarding its subject matter is essential. Moreover, the definition of the subject in the real estate purchase and sale agreement must contain specific information that allows the identification of real estate (). Mandatory information includes information about the location of the property being sold on a plot of land or as part of other real estate (for example, when transferring ownership of premises in a house).

Also important is the condition regarding the price of the real estate being sold (). The cost of real estate can be determined by the parties in a fixed sum of money for the entire object or set per unit of its area, which must also be indicated in the contract.

In relation to the purchase and sale of a residential building, apartment or share in the specified real estate, the right of residence in which is retained by third parties, an essential condition is the list of such persons. In addition to the list, the terms of the contract must stipulate exactly what right and to what extent the buyer is obliged to provide these persons.

We go around sharp corners:

How to purchase real estate?This must be done in accordance with With legal requirement. Therefore, before you buy, get to know how to purchase real estate correct, because it is not enough to acquire the right of ownership; it must also be registered with Rosreestr. Article updated 01/14/2018
Let's look into it in detail.

Real estate objects and rights to them are controlled by the state. Such rules! And these rules must be accepted unconditionally.

In order for a property to be sold, it is first necessary to establish the existence of this property, that is, to go through the cadastral registration procedure with the assignment of a cadastral number.

It is impossible to register ownership of real estate that has not undergone cadastral registration.

A property for which the rights have not been registered cannot be sold or bought.

The registration of real estate objects and rights to them is carried out by Rosreestr.
The Unified State Register of Real Estate (USRN) reflects all legal objects and rights to them.

How to properly purchase real estate

If you are convinced that the property is registered in the cadastral register (it has been assigned a cadastral number) and the rights to it have been previously registered and there are no encumbrances, you can draw up a purchase and sale transaction.

You need to draw up the right establishing and right supporting documents for the property.

You prepare the legal documents yourself; these documents describe your purchase and sale transaction.
The right supporting documents are issued to you by Rosreestr.

Since you are buying an apartment (another piece of real estate), your rights to it will be established by the Sale and Purchase Agreement and the Transfer and Acceptance Certificate.

The moment of ownership is the signing of the Sale and Purchase Agreement and the Acceptance Certificate -transmissions by all parties to the transaction, it is then that these documents will receive the highest legal force. But in some transactions it is mandatory to have the purchase and sale agreement certified by a notary:

if the owner of the property is a minor or incompetent
if the property being sold is registered as shared ownership
Such agreements are drawn up by a notary.
Read the article:

Since 01.03.2013, the Sale and Purchase Agreement is not registered by Rosreestr, but transfer of rights from the Seller to the Buyer is subject to registration.

The moment of confirmation of ownership of an apartment is making an entry about it in the Unified State Register of Real Estate - EGRN.
And the only evidence of a registered right since 01/02/2017 is the presence of a record of this in the Unified State Register of Real Estate.

How to complete the purchase of real estate. Legality of the transaction

The legality of the purchase and sale lies entirely with the parties to the transaction. Rosreestr does not carry responsibility for the legality of the transaction.
If a transaction is certified by a notary, the notary is responsible for the legality of the transaction.

How to complete the purchase of real estate. Stage 1

To prepare a package of documents for a transaction, time is required:

check out of the apartment - up to 2-3 weeks
order an extract from the Unified State Register of Real Estate about the absence of arrests and encumbrances on the property - 5 working days
prepare a notarized consent of the spouse for the sale if the property was purchased during marriage
prepare a sales permit from the guardianship and trusteeship authorities, if the owner is a minor or incompetent - up to 30 days

Therefore, in order to cement the contractual relationship between the Seller and the Buyer, a

How to apply for a deposit when purchasing real estate

You can ensure compliance with the terms of the contract by transferring a deposit, formalizing it and

After preparing a complete package of documents, a Sales and Purchase Agreement and a Transfer and Acceptance Certificate are drawn up and signed.
Money for the apartment is transferred in the manner prescribed in the Sale and Purchase Agreement. Read about calculation methods in the article: