Renovation of apartment - step by step instruction

Today we are to understand how the apartment is being re-arranged for this or that citizen. Actually, understanding the process is not as simple as it seems. After all, the owner can change for different reasons. Depending on the situation, the algorithm of actions will change. This fact must be taken into account. But how to act in this or that case? What to look for first? How to re-arrange the apartment for new owners? All this will be discussed later.

When owners change

Renovation of an apartment is a process with which sooner or later almost every citizen gets acquainted. It is not so difficult to implement it if you know how to act. In which cases can the owner change from a property?

To date, there are the following options for the development of events:

1. Privatization. The process of re-registration of state ownership of a citizen. In the course of it a person becomes a full owner of real estate, and the municipality loses its property rights.
2. Registration gift. This operation is carried out during the life of the owner of the apartment. You can give the whole apartment (re-register it) or its share.
3. Entry into the inheritance. This re-registration of the apartment after the death of the owner takes place. The most unpleasant process for the heirs. Especially if during the life of the owner did not leave a will.
4. Purchase / sale. Sales transactions are the most common. You can sell your property. The buyer after the transaction becomes a full owner of real estate. And then you need to reissue the apartment for a new citizen.
5. Rent. The contract of rent is often with elderly single people. But at the same time, direct re-registration will occur after the death of the owner of the apartment.

Accordingly, depending on the situation, the algorithm of citizens' actions will change. How to act in this or that case? How does the apartment change to another owner?

Where to go

An important point is to determine which body will need to go to the transaction. It all depends on the situation. Citizens for renewal of an apartment can apply:

• In the MFC;
• In the cadastral chamber;
• In Rosreestr;
• In the administration of the city;
• In intermediary organizations (they charge an additional fee for services);
• To the notary.

Most often in the implementation of purchase and sale, citizens turn to real estate offices. But after signing the corresponding contract it is necessary to go to the registration chamber or Rosreestr all the same. In extreme cases - in the MFC. It is in these bodies that a citizen will be given a certificate of ownership of real estate.

About privatization

To begin with, we should consider the situation in which the re-registration of an apartment takes place during privatization. Participate in the process can only citizens registered in a particular territory. Handle the package of documents required in the administration of the city or the MFC.

All re-registration of ownership of an apartment can be divided into several stages:

1. The manifestation of the initiative. Someone from the family proposes to privatize real estate. Residents either give their consent to the process, or refuse to participate in writing.
2. Appeal to BTI. Engineers will check the apartment and designate the redevelopment and all non-residential facilities that are on the site.
3. Collection of documents. The most difficult thing you can imagine. It will take a lot of paper, so the process of preparing for privatization is recommended to begin with the preparation of documents.
4. Appeal to the administration with an application for privatization. Attached to it is a collection of previously collected securities.
5. Verification of documents by the administration.
6. Signing of the contract on privatization. The presence of all potential property owners is required.
7. Registration of an apartment in Rosreestr. This is the end of the process. Owners are issued with certificates for real estate and a new cadastral passport.

Nothing more is required. What documents for the renewal of an apartment in this case request? Their list is not that big.

Documents for privatization

Among the securities necessary for privatization, there are:

• Identification of all potential owners;
• Birth certificates of children;
• Cadastral passport;
• Technical passport of the real estate;
• An extract from the personal account of the apartment;
• Document-basis of the use of real estate (for example, the contract of social hiring);
• Refusal / consent to privatization;
• Extracts from the BTI and the house book;
• Certificate of divorce / marriage (if available).

All papers are filed with the application form. It is advisable to attach their originals and copies.

Self-selling

Further, we will consider the re-registration of property in an apartment through an independent sale of property. This is not as difficult as it seems. The main thing is to act correctly.

The order of registration of the transaction of purchase and sale of real estate can be divided into several stages:

1. Preparation of certain documents for the apartment. The process is carried out by the seller. Parallel to this, you can search for buyers.
2. Drawing up a contract of sale.
3. Signing of the contract with the buyer. The new owner pays the deal, after which you can go to the MFC and register the contract.
4. Handling of a package of securities to Rosreestr for obtaining a certificate of ownership of real estate.

Nothing special. The main problem with the sale of real estate is the drafting of a legally competent contract. Now a sample of paper can be easily found on the World Wide Web.

Documents for reissue by sale

What documents for the re-registration of an apartment due to purchase and sale are necessary? In general, the list does not differ much from the package of securities requested during privatization. It is necessary to prepare:

• Passport of the owner-seller;
• Buyer's identity card;
• Technical and cadastral passports for real estate;
• Information on the absence of debt on the accounts in the apartment;
• An extract from the Unified State Register;
• Documents indicating the ownership of real property;
• Marriage certificate;
• The permission of the spouse for the transaction (if it is a question of jointly acquired property);
• A receipt for payment of the state duty for the registration of the transaction (RUB 1,400 if applied to the MFC);
• An extract from the house book indicating all those registered in the apartment;
• Consent of other property owners for sale (if the seller is not the sole owner).

But the Rosreestr buyer should not only bring the listed securities. In addition, it will be necessary to attach another contract for the sale of housing, as well as a receipt for the receipt of money by the former owner of the apartment.

Sale through a notary

And how is the ownership of the apartment through the notary through the sale? In this case, the contract of sale is made in a notary's office. The parties must bring with them:

• Documents for real estate;
• Cadastral passport;
• An extract from the house book;
• Passports of the parties.

Additionally, the state duty and notary services are paid. The employee makes up a competent contract, he is signed by the parties and registered on the spot. After receiving a receipt from the seller about the receipt of money, you can go to the registration chamber with the documents listed earlier and get a certificate of ownership of the property.

Legacy and reissuance

Renovation of the apartment after the death of the owner, as a rule, occurs through inheritance. How does this process happen? This procedure takes a lot of time.

The design of the apartment is divided into several stages:

1. Consent to the inheritance. Heirs within six months should apply to the notary and write consent or refusal to receive property. If a citizen does not do this, then 6 months after the opening of the inheritance / will, the right to reissue the property is lost to the person.
2. Collection of documents required for the procedure of entering into the inheritance. About them a little later.
3. Registration of the transaction at the notary.
4. Appeal to Rosreestr for obtaining a certificate of the rights to the apartment.

Nothing extremely difficult in this. The main thing is that the re-registration of the apartment after the death of the owner is carried out in accordance with the established rules. All the necessary papers for this must be collected by the next of kin-heirs of the deceased.

Inheritance documents

What documents may be required for the apartment to be reissued upon inheritance? Citizens bring to the notary:

• A will (usually it already exists with a notary);
• Certificate of death of a citizen;
• Written consent to the inheritance;
• Cadastral passport of the real estate;
• An extract from the Unified State Register (not always, but it is better to bring it);
• The passport of the heir;
• Documents of kinship with the deceased (if any);
• Paper, indicating the property rights of the deceased on real estate.

As a rule, it is required to bring all listed securities to Rostestriere, but in addition to them:

• Application for changes in the cadastral passport;
• The extract of the notary, which will indicate the fact of the transfer of property by inheritance.

After applying to the registration chamber, the citizen will be given a special receipt. It indicates the time of obtaining a certificate of ownership of real estate.

One small nuance that you should pay attention to is taxes. If the re-registration of the apartment due to the death of the testator occurs between distant relatives, you will have to pay 13% of the value of the property in the form of tax. Otherwise, the process will not be considered complete. Close relatives (parents, children, spouses) are exempt from taxes.

Gifted

Now it is clear how the re-registration of the apartment takes place after death. There is no other way. The only exception is the rent contract, as well as donations. As a rule, a gift contract is often found in practice. It allows even during the life of the owner of the property to transfer ownership of the whole apartment or a part of it to another person.

If the gift is made for close relatives, you do not need to pay tax. Otherwise, the donee should pay 13% of the cadastral value of the property to the tax authorities.

As a rule, the procedure for issuing a donation is as follows:

1. The owner applies to the notary with documents for real estate and gifts.
2. A notary or verifies the literacy of the gift agreement, or independently forms it according to established rules.
3. The owner of the apartment and the donee sign the agreement.
4. The notary registers the transaction, and the new owner prepares documents for the property in the registration chamber.

It is interesting that a gift certificate can be withdrawn within 12 months if there are certain circumstances. Usually the procedure is possible if:

• The donee killed the former master (then the heirs annul the donation);
• The recipient of property committed a crime directed against the donor or his relatives;
• There is a threat of damage and loss of the apartment, which represents an intangible value for the former owner;
• Real estate is a public value, and the recipient can destroy it or damage it.

In practice, such situations are rare. Therefore, the donative is the most reliable re-registration. The owner of the apartment is not obligated to give all the property. He has the right to give only a share. This nuance must be prescribed in the gift contract.

Documents for registration of donative

What documents for renewal of an apartment will be useful in the case of making a gift? In this situation, the notary is brought:

• The donor's passport;
• Contract of gift;
• Cadastral passport of the real estate;
• Certificate of ownership of the apartment;
• Identity card of the donee;
• An extract from the personal account for the apartment;
• Documents indicating the relationship between the parties (if any).

Sometimes a notary may request an extract from the BTI. After signing the contract, citizens are issued a notarized notice of the registration of the transaction. With him you can go for a new certificate of ownership.

Re-registration of the personal account for the apartment is carried out after all the procedures described. The owner should contact the management company, which is responsible for servicing the house in which the apartment is located. You need to bring with you:

• passport;
• The contract of donation / purchase / sale / rent or other basis of transfer of real estate to the new owner;
• Cadastral passport (preferably).

The new owner writes a statement of the established pattern, after which the management company makes the appropriate changes. A similar procedure will have to be carried out in all organizations servicing the apartment. Otherwise, payments for utility services will come to someone else's name. Now it is clear what documents are needed to re-arrange the apartment.