The contract of purchase and sale of an apartment is subject to notarization. Purchase and sale through a notary what to look for

Do I need to certify the apartment purchase and sale agreement with a notary? According to the Civil Code of the Russian Federation, the document must be certified not necessary. You can arrange it in an ordinary writing, where the parties write down all the agreements reached and secure them with their signatures. Next, he must go through state registration.

Recently, most citizens have notarized this document, for which there are many objective reasons. First of all, this procedure avoids many of the difficulties that are possible when selling real estate and has many advantages:

1. The legal purity of the sale or purchase of housing is ensured, which is difficult to appeal or terminate.
2. Participants freed from the need to understand complex legal and legal intricacies.
3. An experienced professional carefully checks the legality of the sale and is seriously liable for violations of the law.
4. This form of certification guarantees compensation for damage if fraud is committed. In this situation, the injured persons are paid compensation.

The only drawback is the need to pay notary agreement purchase and sale of an apartment. However, in most cases, this legal support is justified and allows you to protect both the seller and the buyer from many risks.

What actions related to the purchase and sale agreement does the notary carry out?

The main service that a notary provides is the certification of the contract. If the participants enter into an agreement on their own, its services will still be required. Copy cadastral passport living space, consent to the sale of housing of the spouse, copies of marriage registration certificates and some other papers must be certified.

Citizens can also consult on any issues. Initial consultations are often free of charge. An experienced professional explains the rights of all parties involved and other legal issues.

If desired, the notary can be granted broader powers, from drawing up an agreement to the final registration of documents in Rosreestr.

Implementation of the purchase and sale transaction

You can draw up a contract yourself or resort to the help of professionals. It indicates detailed description residential premises indicating the exact characteristics, its price and location. Also all the conditions for the acquisition of residential premises are prescribed, as well as who bears the running costs. It must be indicated that the dwelling does not have any encumbrances, is not mortgaged and is not under arrest.

The notary carefully checks all the papers provided and certifies the purchase and sale agreement. Further buyer pays state fee and all participants go to Rosreestr... In the registration service, documents are accepted for registration and a receipt for their receipt is issued.

Approximately two weeks later, the new owner is issued a sale and purchase agreement registered with Rosreestr and a certificate of ownership.

Citizens can take advantage of such an offer as a "turnkey deal", in which professionals take all the trouble completely on themselves. They draw up an agreement on the sale and purchase, agree between the seller and the future owner of the cost of the object, the procedure for paying for the purchased housing and the possibility of installments, draw up the consent of one of the spouses and resolve other legal issues.

When signing the agreements, all legal consequences are explained to the participants. At this stage, at their request, additional changes can be made to it. In the certificate may be refused if any doubts arise, for example, the seller's goodwill... After signing all the papers, the employees of the institution themselves decide all issues in the registration service. The new owner only has to pick up the documents after they are registered.

Cost and terms

One of the advantages of a notarized transaction is the speed of its execution. With the help of a specialist, the collection of documents is much faster. He can receive some of them online from Rosreestr. As a result, there is no need to go to multiple instances.

Now about the price of the issue. Services for complete registration will cost 1% of the price of the apartment being sold if it is up to 1 million rubles. An agreement with housing costs from 1 to 10 million rubles will cost 1% of 1 million rubles (this is 10,000 rubles), plus 0.75% of the cost of the property.

When selling housing for more than 10 million rubles, you will have to pay 77,500 rubles for registration and plus 0.5% of the price. In addition to these costs, you will need to pay for services such as drafting papers, powers of attorney, photocopying documents, etc.

On average, the total cost of these services ranges from 5,000 to 10,000 rubles. As a rule, these costs are borne by the new owner, as the person most interested in the legality of the acquisition.

How not to run into a scammer

When purchasing a living space, it is important to be very careful. Unfortunately, there are unscrupulous workers in the justice sector. A lot of swindlers “work” in the housing market, to whom an inexperienced buyer can easily get hooked, and as a result, they are left without Money and no living space. The criminals are developing entire fraudulent schemes involving dummy notaries. Some of them are listed below.

Scheme 1. "Pseudo-notaries" rent an office for some time and work under a false license, actively accepting citizens. After serving a few clients who want to sell or buy an apartment, and "earning" a substantial amount of money, they disappear. The agreement, certified in such an office, is recognized as invalid, and the affected persons have to prove their rights for a long time and unsuccessfully.

Scheme 2. Swindler deliberately makes mistakes in the sale and purchase papers. In this case, the seller indicates the presence of these errors and presents in judicial procedure claims, demanding compensation for “infringed” rights.

Scheme 3. With the participation of a fraudulent notary, a dwelling can be sold using copies of these documents to several buyers at once. The owner of the living space becomes the first buyer, and the rest of the citizens remain cruelly deceived.

Scheme 4. In some cases, the sales contract is signed by a dummy seller, and the "false notary" takes it for registration. Sometimes residential premises are sold under a "fake" power of attorney from the alleged owner of the property.

There are a lot of fraudulent schemes, and the ingenuity of the swindlers has no boundaries. In order to avoid the risk of running into a fraudster, carefully choose a notary candidate:

1. Try to find out more about him. Ask to show the license that gives him the right to engage in this activity. The validity of the license can be checked on the official website of the notary chamber. You can also get this information by calling your local justice office.
2. Observe how the notary works, how closely he examines the case and verifies the identities of the participants. An employee who certifies documents very quickly and without any clarifications should make you suspicious.
3. If possible, do not order this service with a visit to the house. As practice shows, "false notaries" most often prefer to work at the client's home.

When contacting a notary office, do not hesitate to thoroughly check the identity of its employees. After all, the legality of your purchase depends on this.

Look for an experienced and proven specialist with a good reputation, who has earned positive customer reviews. This will help you minimize potential risks.

Buying an apartment is a serious step that should be taken with full responsibility. Making a deal on your own, you can save money, but sometimes you can also lose money. Whether it is worth exposing yourself to such a risk is up to you. Of course, notary services are expensive. However, they provide security and confidence that everything will be completed correctly and the transaction will go through without fraud.

Watch the video that says if a notary is needed for the transaction.

The notary Tkachenko M.A. provides paid services for the preparation of documents, certification of transactions, certification of the authenticity of copies and signatures, as well as performing other actions. The tariffs are the same throughout the territory of the Russian Federation. They are established by the Tax Code.

The client makes the payment prior to the notarial act. Information about the collected tariff is entered in the document issued by the notary. At the same time, an entry about the price of notarial services is entered into the registration book.

The laws of Russia provide for benefits for certain categories of citizens, which can be used upon presentation of the relevant documents.

Cost of notary services

- the main document in the implementation of a transaction relating to the sale of an apartment. This transaction involves two parties - the buyer and the seller. Both parties must prepare the documents necessary for them in order for the transaction, in fact, to take place.

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The preparation of documents leads to monetary costs, since people are often not aware of the correctness of drawing up a particular contract.

The same applies to the sale and purchase agreement for an apartment - here you have to pay specialists who will form the content taking into account the entire legislative framework.

But how much do you need to pay for the services of specialists? Who should pay - the seller or the buyer? Will there be additional spending?

Who pays

If we consider the "monetary obligations" on the part of the seller of the apartment and its buyer, one can imagine the following:

Possible cash costs should be negotiated in advance - even at the stage of making an advance payment for the apartment, so that in the future there are no financial and organizational problems.

How much does the contract of purchase and sale of an apartment cost?

It is impossible to give an exact answer to the question of how much the purchase and sale agreement costs - here one should take into account the regions and price values ​​for legal services, as well as the qualifications of a specialist providing the service of drawing up a document. Extensively, you can consider the issue if you present the cost of services for each office.

At the notary

A contract drawn up by a notary may differ slightly from a simple written document (self-printed). Why? The fact is that the notary carries out additional certification of the document, which means that one copy remains with him in storage - this is convenient in case of loss or in case of other problems.

Moreover, the notary additionally checks the legal "cleanliness" of the apartment being sold, which means that it makes additional inquiries to government agencies to obtain the relevant extracts.

Such actions ensure the safety of the transaction for buyers - there are often cases of sale of apartments that were taken away by black realtors or offered at the stage of consideration of the inheritance case.

Of course, the additional work of the notary must be paid "from above". Due to the described fact, on average, the cost of services for the execution of an apartment purchase agreement is presented as follows:

• if the cost of the purchased apartment is up to 1 million rubles, the price of notary services is calculated as follows - 3 thousand rubles + 0.4% of the transaction amount (the transaction amount is the cost of the purchased apartment);
• if the cost of an apartment is from 1 to 10 million rubles, the price is calculated as 7 thousand rubles + 0.2% of the transaction amount;
• if the cost of the apartment is over 10 million rubles, the price will be - 25 thousand rubles + 0.1% of the transaction amount.

Fixed amounts may vary slightly depending on economic situation in the region, but the percentage of the cost of an apartment often remains unchanged.

If, in addition, the notary has to deal with technical work - the preparation of documents, you will have to pay another 5 to 10 thousand rubles.

Preliminary

If the parties to the transaction doubt the intentions of the other party, they can draw up a preliminary sales contract. To do this, it is necessary to prepare the same package of documents that is required for the main contract.

For the service, you can contact a lawyer or a realtor - they often have samples of the content of the document.

The cost of such a service varies from 2 to 6 thousand rubles, depending on the region and the qualifications of the specialist - the cost of the services of realtors is much lower.

In the preliminary agreement, you can indicate all the clarifications and agreements of the transaction. For example, the document states:

• the amount of the advance payment or its size from the total cost of the apartment, as well as the deadline for the transfer of funds;
• buyer's guarantees to deposit the remaining funds before a certain time;
• terms of termination of the contract in the event of a changed situation - refund of the advance payment and other features.

In no case is an agreement concluded if one of the owners is not present in the conversation. It may turn out that one of the owners of the apartment is against the sale, which means that the buyers will spend extra money in the execution of the transaction.

At the MFC

Often times, people represent the work of the MFC as an intermediary between people and various government agencies. But legal services are also offered here, and the execution of a purchase and sale agreement for an apartment is no exception. Moreover, it is more convenient to use their services.

Firstly, in the MFC, you can order an extract from the Unified State Register of Legal Entities and other documents that will be required for registration together with the preparation of the purchase and sale agreement.

Secondly, in the presence of all the documents necessary for registering property rights, as well as when transferring funds, the parties can apply for filing documents for registration with the accompanying drawing up of a sale and purchase agreement.

The first case forces the parties to visit the MFC branch again to sign the purchase and sale agreement and the certificate of acceptance and transfer of the apartment. The second case is simply the submission of a package of documents without a sales contract.

In the department with the buyer and the seller, an agreement will be drawn up, in which the parties will sign. This will be followed by the transfer of a package of documents for the subsequent registration of property rights.

Buyers apply to the MFC on the appointed day for an extract from the USRR, which will testify to the re-registration of ownership of the purchased apartment.

The cost of the contract varies from 3 to 10 thousand rubles, so the MFC is not often asked for registration.

In most cases, the contracts are drawn up by realtors or the parties turn to lawyers who know the samples and take into account the current legislation. \

Payment of state duty

The state duty for the contract of sale and purchase of an apartment is paid 2 times. First time is payment state accounting contract. Second time is payment state registration to confirm ownership of the purchased apartment.

The first payment is divided equally between the buyer and the seller, the second payment is only the buyer. The size of the state duty for individuals does not exceed 2 thousand rubles.

Price for the seller

As mentioned above, the seller does not participate in the payment for the service of drawing up a contract for the purchase and sale of an apartment - these are only the buyer's expenses. However, if the initiator of the compilation preliminary contract becomes the seller, then he must pay.

During the transaction, buyers are only required to transfer funds and draw up the main contract. In case of problems with the buyer, which led to the cancellation of the transaction, the advance payment from the seller is not required back.

But if the seller suddenly has problems, he is obliged to return the advance along with compensation. Compensation refers to the reimbursement of buyers' expenses as well as other costs.

To protect themselves from the costs presented, sellers often initiate the drafting of a preliminary agreement for the sale of an apartment.

Legal support price

Legal support is the presence of a specialist, and in this case it comes about a lawyer, throughout the transaction. Often, agencies that offer legal support are limited only to the execution of contracts and other documents.

However, lawyers offering their services must be present at the meeting between the buyer and the seller, explain the risks for each party or only for their client - in most cases, these are buyers.

Moreover, during legal support, lawyers must constantly consult the client for free - unscrupulous specialists require from clients additional payment for consultation at the equivalent cost of the services offered.

What is legal support for a transaction? This is a complete legal due diligence of the living space being sold - an opportunity to complete the case and eliminate the risks of termination of the transaction.

If you turn to a lawyer or, for example, a realtor, who can also accompany the transaction, the entire collection of documents and all registration of the transaction can take place in 4 days.

Many participants in real estate transactions ask themselves why notaries are needed in such transactions. This question arises against the background of the fact that, in addition to the mentioned persons, lawyers and realtors also take part in such relations. It would seem that they would be quite enough.

The head of the legal department agreed to answer such questions and clarify all the tasks, functions, and duties of a notary in real estate transactions. Department of the Federal Chamber of Notaries of the Russian Federation Alexander Sagin in his interview on the website "RIA Real Estate".

Purpose and role of notaries

The main functions and duties of notaries in our country are:

1. Verification and confirmation of the legality of documents and actions of persons legal relationship;
2. Ensuring legal security for the parties to the transaction;
3. Certification of legal acts;
4. The role of a responsible and qualified witness in real estate transactions.

In other words, when the transaction is certified by a notary, the risks of invalidation thereof are significantly reduced. In litigation legal acts issued by a notary have greater legal weight than those that were issued without his participation.

The importance of the participation of members of this profession is also evident due to the fact that their first responsibility is to verify all data and the legality of transactions. By certifying any document, the notary assumes full financial responsibility.

By virtue of development modern technologies and data transfer services today, notaries can offer their clients a number of additional services, such as:

• One-stop-shop technology, which implies the release of the client from the obligation to collect and provide all required documents to the relevant authorities by transferring them to a notary;
• Accelerated procedure for registration of property rights;
• The service of a notary deposit, which makes it possible to simplify and secure settlements between the parties to the agreement;
• High-speed transfer of any document to any part of the country, without depriving it of its legal entity. strength.

The legislation of the Russian Federation also provides for legal relations between citizens, the participation of a notary in which is mandatory. Such procedures, for example, include the drawing up of a will or the certification of inheritance rights.

The complete list of authorized actions and duties of a notary consists of more than 30 items. Among them are the following powers of notaries:

• Execution and certification of the contract;
• Certification of the fidelity of copies;
• Certification of the authenticity of the signature;
• Storage of securities and banknotes on a notarial deposit;
• Storage of documents;
• Implementation of a notarial mark - an executive inscription, testifying to the failure of one of the parties to the contract of its financial commitments and giving the right to contact directly bailiffs, without litigation procedure.

What kind of real estate transactions do you need a notary?

According to the legislation of the Russian Federation, in the presence of a notary, the following types deals:

• With a share in common property;
• Concerning the alienation of immovable property owned by a minor or a person with limited legal capacity;
• Associated with the disposal of real estate, in which persons act on the basis of trust management or custody rights;
• Regarding the division by spouses of property acquired in marriage.

In other words, notarization is required in cases where the situation is controversial or there is a possibility of violation of the rights of one of the parties to the legal relationship. This state of affairs can be easily explained by the government's desire to prevent any kind of fraud, and to avoid in consequence a large number litigation.

The list of optional notarial procedures includes all other common real estate transactions (exchange, sale, donation, etc.). But even for such contracts, notarization will be superfluous, since it will protect the rights and interests of all parties, and will also ensure the guaranteed authenticity and accuracy of legal documents.

Ensuring the security of transactions by a notary

This task is paramount in the work of a notary. This is especially important in real estate transactions when it comes to large amounts and a roof over your head.

The security of the transaction is ensured by the notary through a preliminary check of all documents, a dialogue with both parties in order to make sure that they are conscious and to warn about the consequences of the contract. Notary being professional lawyer, pursuing only the legal interests of the citizens of the country and the state itself, must make sure that both parties are aware of the nature of the transaction and act of their own free will, without coercion.

If we compare a notary and a realtor or any other specialist in real estate, then the first is an unbiased, neutral person - his main task is to comply with all the rules and procedures for concluding transactions. Such scrupulousness and objectivity is due to the increased legal force of a document certified by a notary. Such a document will make it possible to avoid arbitrarily challenging the transaction in the future.

It is also worth noting that representatives of this profession are financially responsible for all their professional actions. In the event that his actions are wrong or illegal, the notary will be obliged to reimburse the costs and damage caused to the parties to the contract by 100%.

The guarantee of the notary's material liability to his clients is:

• Notary professional liability insurance;
• Collective insurance of the notary chamber of the region to which a particular notary belongs;
• Personal assets of a notary;
• Funds Compensation Fund Federal Chamber of Notaries.

Other notary guarantees

As mentioned above, today notary offices can provide high level service and a number of additional services.

As for the "one window" service, it means that the client is completely relieved of the need to submit projects, applications and documents for registration of the transaction, as well as an accelerated mode of preparation of all the necessary papers. In this case, these actions are completely transferred to the notary. In addition, Rosreestr has provided for an accelerated procedure for registering property rights for notaries. If documents are provided in in electronic format, then their registration takes one day, if on paper - three days.

A very convenient and safe type of service is a notary deposit. This service implies getting rid of customers from risky cash transactions. Now the parties to the transaction do not need to rent anymore safety deposit boxes for safekeeping large sums and then transport them to their proper location. One party to the agreement simply transfers the money to the notary's deposit, and after registering the ownership, he redirects it to the account of the other party. Such services ensure maximum security and safety of funds, since the notary deposit is protected from bank bankruptcy. In addition, often the services of a notary deposit are several times cheaper than the services of a bank.

What should be in a notary office?

It is worth noting that all notary offices are entered into a special register of the Russian Federation. To make sure that there is a notary of interest in this register, you just need to enter his data (last name, first name, patronymic) into the search engine of the official website of the Federal Notary Chamber. If the search engine gives out the contacts (address, phone number) of the notary office registered to the given name, then you can safely contact it.

Each notary's office must display the following information in a conspicuous place:

1. Full name of the notary;
2. Order number authorized body justice on the appointment of a given notary to a position in a certain notary body;
3. Address and contacts of this notary office;
4. Working hours of the notary office;
5. Phone and address of the nearest notary office;
6. Contacts of the notary chamber to which this notary belongs;
7. List of notary services provided by the notary office;
8. Price list and procedure for payment for notary services;
9. List of categories of citizens related to beneficiaries.

Which Notary Public Deals Real Estate Transactions?

To complete a transaction related to real estate, you can contact any notary within the subject. Russian Federation, on the territory of which it is located. In other words, if real estate is located, for example, in Yekaterinburg, then you can make a deal with it in any notary office of the Sverdlovsk region.

What is the cost of notary services for real estate transactions? Are the prices identical in different notary offices?

The final tax for notary services consists of two main calculations:

• State prices for certain notary services;
• Tariff for legal and technical services, established by the local notary chamber of the constituent entity of the Russian Federation.

The total cost of notary services directly depends on the amount of the transaction, and is also a reflection of the property responsibility that the notary assumes in the process of performing his professional duties.

Recently, the value of state fees for notary services, as well as the tariff for legal and technical services, has been significantly reduced. Thus, the final cost of notary services has become much more attractive than similar services of other intermediaries dominating the real estate market.

As for the state price for notary services, it has the same value in all regions and areas of our vast Motherland. For example, the prices for transactions subject to mandatory notarization (share in common property) are currently equal to 0.5% of the transaction value, while their value cannot exceed 20 thousand rubles. and cannot be less than 300 rubles. In other words, if a share in real estate is to be sold in the amount of 2 million rubles, then the tariff will be estimated at 10 thousand rubles.

The prices for notary services in transactions that do not require mandatory notary registration are clearly indicated in the Fundamentals of Russian Legislation on Notaries.

For example, the tariff for notary services for the sale of an apartment worth 2 million rubles. will be equal to 9 thousand rubles. Well, if we are talking about a standard "Khrushchev" apartment in Moscow worth 9 million rubles, then the tariff for registration of such a sale and purchase will be 23 thousand rubles.

Another component of the final tax for notary services is the tariff for legal and technical notary services. Services of this kind are an integral part of the entire work of a notary. Their list includes:

• Development of draft documents;
• Correction and analysis of projects provided by the client;
• Examination of the submitted documents for compliance with the current legislation;
• Verification of compliance of the content of documents with the intentions and desires of clients;
• Technical aspects of creating, printing and storing documents;
• Reconciliation of data in documents with electronic registers.

Such rates and tariffs are annually adjusted and set by the regional notary chamber. All calculations of the Chamber are based on the tariffs established for the region Federal Chamber of Notaries.

For example, in Moscow, the tariff for such services in the execution of real estate transactions requiring mandatory notarization amounted to 5 thousand rubles in 2017. At the same time, in Tatarstan, the corresponding tariff is only 4.1 thousand rubles.

All tariffs for legal and technical services of a notary are posted on the official websites of local notary chambers or the Federal Notary Chamber.

Each notary has privileged categories of clients.

When to involve a realtor in the transaction, and when a notary?

A realtor and a notary do completely different things. They are also responsible for completely opposite actions.

The realtor's responsibilities include finding a suitable property, a real seller or buyer. Also, the realtor acts as an intermediary between the buyer and the seller at the time of negotiations regarding the purchase and sale.

The notary, in turn, bears a different kind of responsibility. On his shoulders lies the task of preparing and legalizing the transaction.

As a result, each of the listed professionals is responsible for their own range of responsibilities, and only in a compartment can they provide a high-quality result and meet the needs of the client. Such a tandem has been ensuring the legality and convenience of transactions in the real estate market abroad for a long period of time.

Are the actions of a notary subject to appeal?

Actions or omissions of a notary can be appealed against in court. Considering the actions of the notary unlawful, or having received a refusal from the notary to perform them, the client can apply to the court at the location of the notary office with a complaint against the notary. There is one point - the client has the right to file a complaint no later than five days from the moment an error was discovered in the actions of a notary or from the moment the latter refused to provide its services.

Subject to the satisfaction of the client's complaint, the notary will have to perform the specified action, which he refused to the client, or the court may recognize the document as notarized.

Many are interested in how the purchase and sale of an apartment is going on. It is necessary to comply with all legal conditions in order to properly carry out the procedure for transferring ownership. What will be required for the sale and what should be considered if the apartment has several co-owners?

Why is it worth registering the deal with a notary?

After the adoption of Federal Law No. 218 in 2016, any transactions with real estate located in shared ownership must be notarized. According to the law, the owner can sell his share only through a notary. But by turning to him, you get the following benefits:

• The legality of the documents will be checked.
• The notary proves the legitimacy of the sale, so it will be much more difficult for others to challenge the contract.
• You will be helped by other authorities and will monitor the progress of the sale.
• Registration takes place faster - three working days from the moment the request is submitted to Rosreestr (when submitting papers in electronic form, it is even 1 day).

The notary is interested in the successful completion of the transaction, since he will have to compensate for the damage if mistakes were made during the execution of the transaction.

A notary can perform part of the work that was previously performed by lawyers and real estate companies, namely, transaction support. Thus, the realtor can only be entrusted with finding a buyer.

We are talking about housing that is common property several people. They can own shares of different sizes, and each will have their own certificate of ownership. Most often this applies to families when the spouses and their children are the owners of the apartment.

A transaction can be made only with the consent of all owners to conduct it. They must be present at the time of signing the sales contract.

It is necessary to determine how the co-owners will share the proceeds from the sale, so it is better to discuss this issue in advance. In addition, it is necessary to determine in advance the obligations to pay for notary services between the owners.

Share sale

Any of the owners has the right to decide to whom he intends to sell his share. To do this, he must follow some rules.

Before offering to purchase to other persons, the seller must notify (in writing) other apartment owners about this, indicating the cost and other terms of the transaction. To do this, they are sent by mail notary notices. Only a month after the notification of the co-owners can the sale be started.

Co-owners have the preemptive right to purchase his share at a fixed cost (in accordance with Article 250 of the Civil Code of the Russian Federation). If the sale is made in violation of this right, any of them may, within three months, demand through the court to transfer to him the rights and obligations of the buyer. Having decided to purchase the part of the apartment put up for sale, the co-owner is not obliged to notify other property owners about it.

If the other owners of the apartment refuse to purchase the seller's share, then the sale can be carried out before the expiration of the notice period. To do this, the owners must provide the notary with a waiver of their pre-emptive right to purchase (only in writing).

When selling a share, you need to:

• Other owners refused the deal.
• The parties (co-owners and the seller, or the seller and the buyer) have decided on the payment of taxes and payment for notary services.

Having received a refusal and having prepared the required package of documents, the notary begins the procedure for registering the transaction. At the very end, he must certify the deal.

The notary must provide copies of the following documents:

• A preliminary sales contract, which specifies the terms of a future transaction. Both parties sign it. It may also contain a deposit or advance payment, which the buyer undertakes to provide to the seller, as confirmation of the seriousness of his intentions.
• Proof of ownership of the property. Prepared in duplicate - for the buyer and Rosreestr.
• Sale and purchase agreement (drawn up by the notary himself).
• Help from the USRN. It indicates its value, and it also proves that the property was not seized. It is ordered by the notary himself.
• The spouse's consent to the transaction if the apartment to be sold was obtained during the marriage (must be certified by a notary).
• Help from management company serving the house (confirms that the owner has no debts for housing and communal services).
• Extract from the house book (it contains the persons registered in the dwelling).
• The consent of the guardianship authorities for the sale, if a minor child is involved in the transaction.

Documents certified by a notary can be submitted electronically for registration. The registration of the transfer of ownership itself takes place in four stages:

1. The documents are submitted to the Register.
2. Their expertise is carried out there.
3. If no reasons for refusal have been identified, amendments are made to the Register.
4. The buyer receives a document confirming the fact of registration.

At the very end of the transaction, an act of acceptance is submitted to the USRN - the delivery of real estate, confirming the transfer of the apartment to the new owner. Must be signed by both buyer and seller. It indicates that the parties have no claims to each other.

It is better to fix all the terms of the deal in a preliminary agreement. It will guarantee that the rights and obligations of the parties will be respected.

Receipt of the ownership of the apartment by the buyer is confirmed by an extract of the USRN. It can be provided in both printed and electronic form. The notary can get the statement on his own.

It is better to transfer money through a bank, or pay off at a notary when signing the purchase and sale agreement.

Tariffs for services are determined by the notary offices themselves. Their size is calculated based on Tax Code... For disabled people of the 1st and 2nd groups, benefits are provided - they will pay only half of the amount for notary services. The discount is also provided for relatives who are parties to the transaction.

The final amount also depends on what work was carried out and in which region the notary's office operates. The cost of notarial assistance consists of:

• The size of the state registration fee (2000 rubles).
• Execution of an agreement (on average - 6,000 rubles).
• Certificates of waiver of the right of pre-emption by other owners (1,000-1,500 rubles).
• Technical work of a notary (from 3,000 rubles + 0.3% of cadastral value apartments up to 10 million (if the cost is more, then the payment is 3,000 rubles + 0.2%)).

When selling an apartment with a minor owner, the notary will receive additional payment for working with the guardianship and trusteeship authorities, which give permission to conclude the transaction.

There is general principle- the higher the selling price of the apartment, the more expensive the services of a notary will be.

Before selling an apartment, you should immediately determine which of the parties will pay for the work of the notary. More often than not, the parties pay 50/50.

Deal with minor children

If a minor child is involved in the transaction, then it is necessary to obtain consent from the guardianship and guardianship authorities (PLO). In addition, any transactions with shares of children under the age of 18 must be certified by a notary.

To get approval from the PLO for the sale of an apartment, it is necessary to prepare papers confirming that the child, after the sale of the apartment, will receive a share in new apartment... The main thing is that the square (area) of the share is not less than that which he owned in the previous one.

Let's say they sell an apartment with an area of ​​50 sq.m. in which the share of a child is ½ (ie 25 sq.m.). The parents decided to buy an apartment with 78 sq.m. The child receives a share of 26 sq.m. (1/3 part). In this case, its share will be smaller, but the area will be larger.

The child must receive a share in another living space, so that it can be registered (temporarily) as the owner of a home belonging to close relatives (for example, grandparents).

The PLO also needs to establish in what type of housing the child will receive a share. For example, if earlier the child owned a share in the apartment, and after its sale he becomes the owner of the room, then the guardianship authorities may prohibit the conclusion of such a transaction. A child will not be able to live in it independently, but one room for him and his parents will not be enough.

So, in OOP you need to provide:

• Application for permission to conduct a sale.
• Passports of parents, guardians or official representatives.
• Marriage certificate.
• Child's birth certificate (or passport if he is 14 years old).
• A preliminary agreement confirming that the child has a share in another apartment.
• Extracts from house books in old and new real estate.

Based on the documents, the PLO will be able to make sure that the situation of the child after the conclusion of the deal will not worsen. Only with this condition will the parents receive consent to the sale.