Is it necessary to have a notarized contract for the purchase and sale of an apartment? Mandatory notarial transactions

IN last years There have been many changes in the formalities of transactions for the transfer of ownership in the form of a car between individuals. One of the most important subtleties is the correctness of the DCP and the completeness of the information specified in it. All this is checked by a notary. But is it necessary to have a car purchase and sale agreement certified by a notary for 2019?

The answer to this question depends on what you put into the word " obligation". Let's take it in order!

To certify or not?

No. If we are talking about the legal obligation to notarize a purchase and sale agreement, then there is none for 2019. In the traffic police, when re-registering a car, the buyer is required to accept this document in any form: even certified, even simply printed or even handwritten.

How can you prove it?

It's quite simple. The legislation clearly regulates which transactions must be certified in this way. And these include:

any transactions with real estate that is the subject shared ownership,
marriage contracts,
annuity contracts,
wills.

The obligation to certify the DCT with a notary when selling/purchasing a car is not contained in the 2019 legislation.

Can you certify if you wish?

Can. Absence of obligation in the Civil Code and others legal acts does not, of course, prohibit the transaction from being confirmed by a notary.

The answer to the question of whether or not to certify the purchase and sale of a car with a notary may have a positive answer, given the tangible benefits of this. One of the main advantages is the notary’s verification of the identities of the parties to the transaction, as well as the correctness of filling out the agreement itself. We have already provided a legally correct DCT form in a separate article.

It is better to contact a notary if the car in the transaction is quite expensive (the degree of high cost must be correlated with the risks yourself), if there are doubts about the correctness of the contract or the correctness of the transaction as such (for example, when the car is taken from a reseller, the seller is dubious appearance and the like).

How much does it cost to have a contract notarized?

The cost of such certification differs slightly depending on the specific notary office and is based on two possible calculations:

fixed price for certification,
fixed rate plus a percentage of the transaction value.

The fixed cost averages from 1200 to 3000 rubles in Moscow and from 900 to 1700 rubles in the regions of the Russian Federation.

The interest rate usually depends on the transaction amount threshold. For example, for purchases and sales up to a million rubles, a fixed portion is charged on average from 700 to 1600 rubles plus 0.1% of the transaction amount, and more than a million rubles - the same fixed portion plus 0.05-0.1% of the price on the car itself.

The process of registering the purchase and sale of an apartment is quite complex and requires special attention. The seller must think through the sequence of the upcoming transaction, consider everything possible risks and subtleties, as well as prepare everything in advance Required documents. To have an idea of the transaction process, you need to familiarize yourself with each stage.

Transaction options

At the moment, there are several ways to conduct a transaction. Each has its own pros and cons, but they are all in demand in their own way.

With the help of a notary

Registration of the purchase and sale of an apartment with the participation of a notary gives one advantage - a lawyer. It is he who bears full responsibility for the correctness of contracts. Plus, notarized documents record any legal action.

The buyer is not always aware of what documents need to be required from the seller and. The notary will also take care of this and tell you everything possible nuances and risks.

Self-registration

This type of registration allows the seller to control all stages of the purchase and sale. Advantage self-registration buying and selling an apartment means saving money on a realtor and notary, as well as personal control over the entire transaction process. The disadvantage of this option is the labor-intensive and lengthy procedure, which requires a lot of time and knowledge of certain laws.

With the help of a realtor

A realtor is a specialist involved in real estate transactions. In the process of completing the purchase and sale, he is the main assistant. Functions performed by a realtor:

assistance in selling and finding the apartment you need;
organization of viewing and showing of the apartment;
decision on the timing of the transaction;
organizing payment of a deposit or advance payment;
consultation on all possible questions related to purchase and sale;
verification of provided documents;
organization of transactions and settlements.

The advantage of working with a realtor is that you save your time. The downside is the cash costs. As can be seen from the functions of a realtor, these issues can be resolved independently (with certain initial knowledge).

Required documents

In order to complete the purchase and sale of an apartment competently and without delays, you will need to collect a complete package of documents. Without any one the required document the deal is either delayed or completely interrupted. In this case, the seller risks breaking the deal and losing the buyer. Preparations should be taken with utmost care.

Documents required for registration of purchase and sale of an apartment:

Main documents:

- Identity documents (passport) and birth certificate (if there are minors under 14 years of age).
- Marriage certificate (if the seller is married), if the apartment being sold was purchased during the marriage. This certificate in mandatory must be executed through a notary.

What does a spouse's consent look like (example):

Additional Information. Consent to the sale is necessary so that in the future the spouses do not have conflicts over the fact that the spouse sold the home without the knowledge of the other.

Documents to confirm ownership of the apartment (such a document may be a certificate of registration of rights, a rent or gift agreement).
Technical or cadastral passport of a residential premises from the BTI.

Note! The validity of such a passport must be no more than 5 years. Otherwise you need to order through the bureau technical documentation new.

Permission from guardianship and trusteeship authorities. If the owner of the apartment (or its share) is a minor. This permission must be obtained to provide information that the rights of a minor are not violated.

Important! The permit is issued with the condition that the child will soon be registered in another apartment (in the one being purchased or with relatives). The child must have.

Three copies of the purchase and sale agreement. Each party (seller/buyer) receives one copy, the third is intended for the registration authority.
Power of attorney and identity card of the seller.

Note! The most common fraudulent scheme is the sale of an apartment, allegedly by proxy. Very often this document is fake. It is advisable to immediately check the trustee for reliability.

Certificate of absence of debt for the apartment.

Note! Buyers are more willing to make a deal if the seller already has a complete package of documents ready, and all because this significantly shortens the process of completing it.

Documents confirming the purity of the transaction:

- Extract from the Unified State Register of Rights to real estate(United State Register). This document allows you to check the entire history of the apartment.
- An extract from the house register, received no earlier than 1 month before the proposed transaction. It reflects information about all persons living (registered) in the apartment being sold. You can also obtain information from the extract about the existence of a lien or encumbrance on the apartment (if any).

Additional package of documents:

- Death certificate. It is necessary if the spouse of the apartment owner has died.
- Previous purchase and sale agreement.
- Certificate of legal capacity of the seller. It is only needed if the seller is old man, disabled or suspiciously emotional person.

Note! There are often cases when a purchased apartment is returned through the court to the owner or a relative of the owner due to his incapacity.

For example, very often elderly grandmothers, who are no longer aware of their actions, sell their apartment for a low price to strangers. In the end, it turns out that the grandmother was simply in an inadequate state at that time. Therefore, it is recommended to always request from the seller a certificate of his legal capacity.

What documents are needed to sell an apartment (video)

The video talks about the main documents required when selling an apartment. The nuances of the transaction are discussed in detail. Consultant – director of a real estate agency.

Read more about the documents required to sell an apartment. If you are interested in the list of documents for purchase, then it is.

Where are documents submitted?

You can draw up a purchase and sale agreement for an apartment in the following places:

In the Multifunctional Center (MFC).
At Companies House.

The purchase and sale agreement can be drawn up even at home. But this applies to simple transactions that do not involve complications, for example, in the form of registration of shares. In other cases, consultation with a specialist is necessary.

Procedure for completing a transaction

In order to in the right order To formalize the purchase and sale of an apartment, you need to plan the course of your actions in advance.

At the first stage, all documents are collected (it is advisable to ensure that additional documents). Then the seller must get in line with Rosreestr to register property rights.
At the second stage, an apartment purchase and sale agreement is drawn up and certified. An act of acceptance and transfer of the apartment being sold to the buyer is drawn up.
The third stage involves making a monetary settlement with the seller, passing state registration and receiving the keys to the apartment.

The image shows an approximate plan for registering the purchase and sale of an apartment:

How to draw up a contract for the sale and purchase of an apartment

This agreement is executed by uniform model. It can be compiled in printed or written form (but not verbally).

Sample agreement for the sale and purchase of an apartment:

Before concluding an apartment purchase and sale agreement, both parties must discuss the entire transaction process, discuss all the nuances and conditions of the future agreement, as well as the payment procedure. One of the main points is setting the exact price for the apartment. If a seller reduces the price of a home in order to “reduce taxes,” then in the end he will easily be able to deceive the buyer.

After filling out the purchase and sale agreement, you need to sign it.

Important! It is advisable to pay the buyer in the presence of reliable witnesses or a notary.

How much does it cost to register the purchase and sale of an apartment?

If we consider registration with the participation of a notary or realtor, then this process can become very expensive, but more reliable. Let's consider the approximate cost of services in three options:

Purchase and sale from a notary

For registration of the contract, the notary will take 1% of the transaction amount (if the apartment costs up to 1 million rubles), if the value of the purchase and sale object is more than a million, then registration will cost ten thousand rubles + 0.75% of total amount transactions.

With the help of a realtor

Realtors usually charge 2-4% of the cost of the apartment being sold. Moreover, all the work of a realtor consists mainly of basic support, consultation and collection of documents (see above “functions of a realtor”).

Independent registration of purchase and sale of an apartment

Not bad a budget option for people who are more or less versed in the processes of buying and selling, as well as for thrifty people.

List of expenses:

State duty – 2000 rubles.
- Technical certificate apartments - from 1000 to 1500 rubles.
- Cadastral passport– 250 rubles (see also –).
- Certificate from Rosreestr – 200 rubles.
- Registration of a power of attorney (if necessary) – 500 rubles.

In this case, the seller of the apartment does not spend much on completing the transaction, but he is exposed to all sorts of risks.

Note! Prices shown are approximate and may differ slightly from current prices.

The nuances of an independent transaction without the participation of a realtor/notary

Selling an apartment yourself requires special care and caution. There are many nuances in this case, the main thing is to study and remember them:

It is advisable not to pay the deposit amount in excess of 80-110 thousand rubles. And be sure to take a receipt from the recipient of the money. Read how to compose it correctly.
It is not recommended to agree to the seller’s request to deliberately lower the price of the apartment. The situation may turn against the buyer. And if something goes wrong, then the court will be able to recover only that smaller amount from the seller. Although usually it doesn’t come to this, and the seller does this to evade taxes.
If an apartment is purchased from a developer, you should very carefully check all documents and information:
Constituent documents of the developer (certificate of state registration, charter).
- Accounting statements for all periods.
- Project declaration.
- Construction permit for land.
If an apartment is purchased with a mortgage, it is very important to first decide financial issue with the bank. Sometimes it happens that the purchase and sale process has already begun, and the bank abruptly refuses the loan. In the end, everything falls apart.
During the acceptance and transfer of the deposit, it is advisable that it indicates the penalties that will need to be paid if the terms of the contract are violated.

Sample preliminary agreement purchase and sale of an apartment:

If the seller/buyer has carefully studied all the points of registration of the purchase and sale of an apartment, prepared all the necessary papers, then he will certainly avoid many difficulties. After all, such a labor-intensive process can also be fraught with pitfalls.

Possible risks when buying an apartment (video)

Interesting and helpful information about the risks when buying a home, cases that are worth paying attention to are described. All about a dishonest deal, undervaluation and forgery of documents.

Features of registration of purchase and sale of a share in an apartment

If the owner owns a certain share in the apartment, then the sale of this share is very different from the sale of the entire apartment. This process is regulated by certain rules and responsibilities:

The owner must have a document confirming ownership of a share in the apartment.
It is necessary to create a dedicated utility bill.
Before completing the transaction, the owner is obliged to notify the other residents of the apartment about his decision and invite them to buy out his share.
It is mandatory to issue a written notification to citizens living in the apartment about your decision to sell the share. It is advisable that it be certified by a notary.

Example of a notice of sale of a share:

Note! Only after the other residents of the apartment refuse to buy the share does the seller have the right to sell it to other persons.

Purchase and sale with the participation of relatives

The execution of a transaction between relatives follows the same procedure as discussed above (see “Procedure for completing a transaction”). It makes no difference who the buyer will be, be it a grandson or a husband. Typically, families resort to this type of transaction as an alternative to a gift agreement or, considering the sale and purchase more reliable and undeniable. Such transactions can even be considered fictitious, since most often there are no cash are not transferred between its participants.

New rules for selling an apartment

From year to year legislative authorities are making changes to the rules for selling an apartment in order to simplify the procedure and reduce speculative operations in the real estate market.

Changes in terms of sale:

The sale of a share in an apartment must now be registered with a notary.
When dividing property in marriage, it is necessary to have all documents confirming this process (and an agreement on the division of property) certified by a notary.
If the apartment being sold has been owned for less than 5 years, then it is subject to a mandatory tax of 13%. Previously, the period was only 3 years. There are also exceptions: tax collections(after 3 years) apartments inherited as a gift (see also -), rent and privatization (see also -) will not be taxed.

Despite such a labor-intensive process of registering the purchase and sale of an apartment, with the right approach, making a successful transaction will not be so difficult. If a realtor or notary intends to manage the process, then this information will be useful for the seller for familiarization purposes. And if you are planning an independent organization, then this article will become an indispensable assistant in the preparation of documents.

From the next article you will learn.

The article tells you whether it is necessary to have a contract for the sale and purchase of an apartment certified by a notary in 2019, and explains the intricacies of the legislation.

Basic moments

The parties themselves decide through a notary whether to certify documents or not, but there is an exception to this rule.

Important! Notarization is required for transactions involving real estate shares. It does not matter how many buyers and sellers there are, whether relatives buy the property or not. In any case, you cannot do without notarization.

Notarization is required when selling an apartment owned by minors. This rule is established in paragraph 2 of Art. 54 of the Law “On state registration real estate."

How to notarize an agreement

First you need to choose a notary office. Strict rules on where to go, and links to regions on this moment No. This procedure is established by Art. 56 Fundamentals of legislation on notaries.

Therefore, you can choose an organization where it will be convenient for you to contact.

Before contacting an authorized witness, you should collect documents.

Required documents

For certification, the parties must submit the following documents:

purchase and sale agreement;
passports of owners of living space;
approval of guardianship if the transaction affects the interests of minor citizens;
certificate of ownership or extract from the Unified State Register of Real Estate;
basis for obtaining real estate: purchase and sale agreement, certificate of inheritance, deed of gift;
technical documentation. You can order this document at the office technical inventory or center public services“My Documents” (formerly MFC);
notarial approval from the spouse for the sale if the property was acquired during family life;
certificate about everyone who is registered in the living space.

You must first contact the guardianship department to obtain approval.

5 documents for approval of a transaction involving minors:

application for the sale of the previous and purchase of a new living space;
child's birth document;
parents' passports;
technical documentation;
extract from the Unified State Register of Real Estate.

Guardianship specialists consider the application for fourteen days. Based on the results of the review, a conclusion is given. The mother and father must come to the guardianship department, even if they are divorced. Only in case of deprivation of parental rights there is no need for the parent to come into custody.

Read also Algorithm of actions for selling an apartment without intermediaries: step-by-step instructions

Guardianship specialists will not give their approval just like that. It is necessary that living conditions minors did not deteriorate.

Additionally, you will have to pay for notarization of the power of attorney when a representative applies on behalf of the homeowners. Certification of a power of attorney will cost 1.5-2 thousand rubles.

Signing the contract

When signing an agreement for the sale of real estate, so many copies are drawn up, so many parties are involved in the transaction. Another copy is left for the archives of the notary office.

The parties sign the agreement in the presence of an authorized witness. For children who have not yet turned fourteen years old, signatures are provided by a legal representative. This is a guardian or parent.

You can draw up a contract yourself and then bring it in for certification. Then you will have to pay less for services. But not all notaries agree to accept a completed agreement. Therefore, this information should be found out in advance.

After certification, the documents are sent to employees of the “My Documents” public service center or to a division of Rosreestr.

The price for issuing an extract from the Unified State Register is 2 thousand rubles.

Price issue

The price for drawing up the contract will be from 2 to 6 thousand rubles. The price for technical certification differs in different cities. In Moscow this amount is 5.4 thousand rubles, for St. Petersburg – 3.8 thousand rubles.

Certification of documents is paid separately. This service is 0.5% of the transaction price, but not less than 300 rubles. and no more than 20 thousand rubles.

The amount of costs depends on the cadastral price of the property. This procedure is established by paragraph 5 of paragraph 1 of Art. 333.24 of the Internal Revenue Code.

If documents are certified at will, then 4-10 thousand rubles are paid for drawing up the agreement. In the capital, the price of a notary certificate is 10 thousand rubles. For St. Petersburg, this amount will be 7 thousand rubles.

Certifying the agreement is another expense. The cost of the certificate depends on the cadastral price of the property.

Only special appraisal firms can assess the value of living space. The cost of appraisal services is 4 thousand rubles.

When can you do without notarization?

If the housing is not in shared ownership, then it is quite possible to get by with drawing up a regular written agreement.

For greater reliability, you can go notarization, however, even without this agreement it will have legal force.

Read also Tips for quickly and profitably selling an apartment

Registration procedure

You can only alienate housing for which ownership rights have been registered. The right of ownership was previously confirmed by a certificate of ownership, but now instead it is issued by an extract from the Unified State Register of Real Estate.

Documents can be submitted electronically through the gosuslugi.ru portal. Documentation is certified using an electronic digital signature.

If you act step by step, the transaction will be completed successfully.

9 stages of registration:

Preparation of certificates and other documents confirming property rights. It will take time to obtain technical documentation from the technical inventory bureau.
Order an extract from the house register and a single housing document.
Receive a certificate stating that there is no utility debt on your personal account.
Obtain notarized approval for the sale of living space from the husband or wife.
Obtain approval from guardianship specialists. This document will be needed if the interests of minor citizens are affected.
Receive an extract from the Unified State Register of Real Estate. The document shows that there are no arrests or encumbrances in the apartment. This document is required for the buyer to make a secure transaction.
Draw up a purchase and sale agreement.
Draw up and certify a power of attorney if a package of documents is submitted by a representative.
Send the documentation package for registration to the Rosreestr division.

There are several ways to apply: by mail, electronically or in person.

How to draw up a purchase and sale agreement correctly

The agreement must be drawn up in accordance with civil law and contain all significant terms of the transaction.

5 important points of the agreement:

Full name and registration addresses of both parties.
Object of the transaction. The exact address and area are specified here.
Information about which of the former residents retains the right to reside in the living space.
Payment procedure. Payment in cash is possible, but payment through a safe deposit box is more reliable.
Conditions under which a contract can be terminated.

The parties may also include other conditions that they deem necessary.

Features of taxation

When a citizen has owned a home for less than three years, he will have to pay sales tax. But the amount of income received can be reduced by expenses associated with the purchase of living space.

When you buy shares of real estate or an entire property, you need to prepare for the fact that the new owner will have to fulfill tax obligations.

Changes in the law

The innovation that sales must be notarized came into force in June 2016. Registration now requires more effort from homeowners. After all, if earlier it was possible to sell a room and get by with a regular written agreement, now it is impossible to do without a certificate.

First of all, it is worth understanding: in order to make any real estate transaction, the property must first be registered with Rosreestr. Many people mistakenly believe that this is done by a notary. But that's not true. A notary can only certify the purchase and sale agreement. For his services, the notary charges a fee of one percent of total cost apartments. This is provided that the cost of housing does not exceed one million rubles. If the apartment costs more than one million rubles, then the cost of services will be ten thousand rubles and 0.75% of the cost of housing. Such agreements are drawn up in the following cases:

1. Selling an apartment.
2. Sale of a share in the apartment to third parties.
3. Sale of an apartment owned by a minor or incompetent citizen.

What is stated in the contract?

In essence, a purchase and sale agreement is a document that states the basic provisions that the seller undertakes to transfer real estate or a share in it to the buyer for a certain amount. monetary reward. The amount of remuneration is agreed upon by both parties.

Changes in Federal Law.

Registration of a transaction for the purchase and sale of an apartment through a notary in 2019 has undergone significant changes. Thus, starting from July 2016, the issuance of a certificate of state registration of rights to real estate - a document that is key in making real estate transactions - was stopped. As stated in Article 14 Federal Law, the emergence and transfer of rights to real estate is certified by an extract from the Unified State Register of Rights (USRE).

It is also possible to submit documents certified by a notary, in in electronic format. This way, you no longer need to waste time in long queues. The process of reviewing submitted documents is greatly simplified and accelerated. The decision taken to register real estate rights is communicated no later than one day after submitting the application.

Registration of share.

Perhaps the main change is that now any real estate transactions can only be carried out with documentary evidence from a notary. The question of whether it is necessary to register a share purchase and sale agreement with a notary in 2019 is one of the most pressing and causes a lot of controversy and controversy. Until the end of 2015, it was possible to sell a share in an apartment or house only with the help of a notary. But if the owner wanted to formalize a deed of gift and assign part of the property to any person, it was enough to write a corresponding application and take it to the nearest branch of Rosreestr. Fraudsters have begun to actively take advantage of this. They forced people, often elderly or incapacitated, to sign over part of their real estate to them.

Changes in the purchase and sale agreement in 2016 made it mandatory to notarize all actions, regardless of the type of transaction: be it a sale, registration of a deed of gift or inheritance. When drawing up a share donation agreement, a notary is obliged to check whether the transaction is fake. Often, the transaction of donating a share is covered by another transaction, for example, a purchase and sale. People want to avoid taxes, which are collected when registering purchases and sales, and hide behind other types of transactions. In turn, such actions are a direct violation of the law and can be classified as tax evasion. If a notary for any reason refuses to certify the agreement, the parties may go to court.

The changes also affected one of the vulnerable segments of the population - minor property owners. Now absolutely all transactions with shares of children must be notarized without fail.

Registration of purchase and sale of an apartment from a notary in 2019.

Below are all the basic rules for executing such transactions. To eliminate the risk factor associated with fraudulent activities, transactions are formalized in writing. Before executing a purchase and sale agreement, the parties sign a preliminary agreement on the deposit for the property. The seller is obliged to provide documents confirming the legality of the alienation. They must be in duplicate. One for the buyer, the second for Rosreestr. For example, if an apartment is sold during marriage, the written consent of the second spouse is required. If the property being sold belongs to a minor, then permission from the guardianship authorities is required. Also attached to the contract is a certificate from the Unified State Register stating that the apartment has not been seized and there are no utility debts. Finally, a certificate is provided about all registered persons or their absence.

Then a transfer and acceptance certificate is drawn up. The buyer is entered into the Unified State Register as the new owner of the apartment. To do this, the seller must contact Rosreestr with a corresponding application. As you can see, buying and selling an apartment requires some effort on both sides. This is done to ensure the legality and transparency of transactions. But in the end, the parties can be calm about their property and its integrity.