What do you need to know about exchanging apartments with or without additional payment if you decide?

Exchange agreement (of equal value, without additional payment) Exchange agreement with additional payment

At the same time, the search for the most suitable options is accompanied by the emergence of certain difficulties, especially for people who know nothing about this matter. This situation is readily exploited by scammers who, with the help of cunning documentary fraud, either take money from people or provide the worst offers for the exchange of residential real estate. And when it comes to legal proceedings, which take up quite a lot of time and vital energy, it often turns out that the deceived person is still wrong.

For this reason, the issue of housing exchange must be treated with the proper level of responsibility. It is clear that everyone wants to resolve the housing issue quickly, but as we know, rushing in serious matters does not lead to anything good.

Registration procedure

In order to properly exchange apartments, you need to clearly understand the structure of how the process occurs. To do this you will need to perform the following list of operations:

1. Decide on the purpose of exchanging residential real estate . If the purpose of the exchange is to purchase an apartment with a larger area, it is necessary to soberly assess the available budget intended for additional payment. If the essence of the exchange is to make a profit, you need to understand how convenient it will be to live in an apartment with a smaller area.
2. Study the real estate market . To fully understand the picture, you should study in detail the currently available list of current offers for the exchange of residential real estate. In addition, you should evaluate your capabilities to conduct an exchange operation. If you understand that it is impossible to carry out the exchange operation yourself, then you need to seek help from real estate agencies specializing in these issues.
3. Search for a real estate agency with a positive reputation . It is recommended to find and study detailed information about the activities of a particular real estate agency. At the same time, it is important to find real reviews from those people who have used its services. When a suitable agency is found, it is necessary to keep in mind that the agency takes approximately 5% of the amount of the transaction for its services. In essence, this is a small percentage for a transparently completed exchange of residential real estate. Maybe,

Causes

There are many reasons for deciding to exchange your living space for another with additional payment.

Someone wants to increase the size of their living space due to the fact that their children are growing up, new needs are emerging, and they are ready to pay extra to achieve their goal.

Someone, on the contrary, no longer needs a spacious room , but is not averse to settling in a more compact living space and getting paid for the difference between categories.

It is worth noting that earlier, during the existence of the Soviet Union, most real estate issues were resolved in this way. This method was incredibly convenient for the parties and saved time.

Today, thanks to the development of legislation, the process has been transformed, but has not changed its essence.

Find out how to forcibly exchange municipal real estate, whether it is possible to exchange a room for a house and a plot of land, as well as how to exchange a two-room, three-room apartment or a room in a dorm or communal apartment from our articles.

What do you need?

Procedure for exchanging residential space owned by the state

In order to successfully exchange housing, a number of operations are required. In this case, the list of necessary actions is considered in each individual case. Let's look at an example when it comes to exchanging municipal apartments. In this case, to complete the transaction you will need to do the following:

• Obtaining permission from the landlord .
  If the transaction involves municipal housing, then the first action that needs to be taken is to obtain the consent of the landlord to carry out the exchange procedure. The lessor may refuse exchange under the following main circumstances:
• in the event of a claim being brought against the tenant for termination (or modification) of a social tenancy agreement for residential real estate;

the apartment is the subject of collateral;

• the apartment is under arrest;
• the apartment is the property of a special fund and is not subject to an exchange procedure;
• the right to own housing is disputed in court;
• the apartment is located in a residential building intended for demolition or its comprehensive refurbishment for other purposes.

The above list is far from complete.

In the event that minors, incompetent persons or persons with limited legal capacity live in the apartment, written consent to exchange housing is required from the guardianship and trusteeship authorities.

If a positive decision is received from the landlord, each tenant must enter into a social rental agreement with his new landlord. After completing this operation, the transaction for the exchange of non-privatized residential space can be considered completed. If necessary, you can familiarize yourself with how the privatization of an apartment occurs under a social tenancy agreement; we talked about this in this article.

Procedure for dealing with privatized housing

To complete the procedure for exchanging privatized apartments, you must collect the following list of documents:

• owner's statement;
• documents confirming the right of ownership of residential property;
• extract from the house register;
• a housing department certificate confirming the absence of debt for utility services;
• documents provided by BTI;
• receipt of payment of the state registration fee.

In fact, to complete a transaction to exchange a privatized apartment for a privatized one, the same package of documents is required as in the case of the exchange of municipal apartments.

However, to obtain more detailed information about the required documents, you should contact the registration authorities.

Is it legal to use maternity capital in the process?

If a party to a transaction wants to change living space, then the law prohibits additional payments using maternity capital.

When is it possible?

Maternity capital is allowed to be used to repay mortgage loans. Therefore, you can complete a transaction by obtaining borrowed funds.

What is the option for directing maternity capital?

You need to do this:

• sell your apartment, having previously received permission from the guardianship authorities;
• apply for a mortgage for the selected apartment;
• pay for the chosen housing with your own funds (from the sale of your property) and with a loan;
• maternity capital to repay (partially or fully) the mortgage loan.

Reference. In order to avoid unnecessary expenses, it is advisable to seek advice from a lawyer.

Living space can be exchanged with or without additional payment under an exchange agreement or through two sales contracts. The agreement must reflect the procedure and timing of the transfer of funds. Maternity capital can only be used through additional payment through mortgage lending.

Options

There are several options for exchanging residential property.

1. Exchange of an apartment for suburban residential real estate . This housing exchange option is used by people who want to move from noisy areas of the city to quieter places. Moreover, such an exchange is accompanied by an additional payment in favor of the owner of the country property. Although there are also episodes when the estimated value of residential real estate in the city exceeds the cost of suburban housing.
2. Exchange of a larger apartment for a smaller apartment (and vice versa) . This exchange option is used by people who want to either increase their living space or, by exchanging housing of a larger square footage for a smaller one, make a profit from the transaction. In this case, the area in which the exchanged apartments are located, as well as their condition, is important.
3. Exchange of a multi-room apartment for several one-room apartments . As a rule, this exchange option is used by people who have family circumstances that require all family members to be accommodated in separate living areas. At the same time, depending on the condition of the exchanged apartments, the transaction may be accompanied by either an additional payment or without it.
4. Exchange of apartments of equal size located in different areas of the city . It often happens that due to certain circumstances (study, work, location in relation to the place of residence of relatives), residents are not satisfied with the area within which their apartment is located. At the same time, depending on the condition and territorial location of the exchanged apartments, the transaction may be accompanied by either an additional payment or without it.

If there is a need to exchange housing, you should keep in mind that dealing with this issue on your own is a very risky undertaking, which can lead to the conclusion of a legally incorrect transaction. This may entail the loss of residential property, or make an exchange with an unjustified loss of funds.

Therefore, when making legally correct transactions for the exchange of living space, it is recommended to involve real estate specialists, who will also help to select the necessary housing as quickly as possible based on the existing database. Of course, attracting realtors will require certain costs, but you don’t have to worry that something might go wrong when exchanging apartments.

Features and nuances of exchanging a house for an apartment with an additional payment

The peculiarities of drawing up an exchange agreement include the fact that the objects to be exchanged must suit both parties. It is impossible to satisfy 100% of the exchange participants.

It will take a lot of time to select options to get the desired living space in the right area.

Exchange cannot be performed:

• if the living space is disputed in court;
• housing is under encumbrance;
• if an arrest is imposed;
• the size is fictitious;
• if the house is declared unsafe;
• Living conditions have changed for the worse for dependents.

Documents and contracts

To complete a transaction for the exchange of residential real estate, the following list of documents will be required:

• title documents;
• cadastral passport of the apartment. This document is drawn up in the district BTI;
• extract from the house register;
• photocopy of financial personal account;
• certificate of appraised value of the apartment;
• passports, as well as birth certificates of the parties directly involved in the transaction;
• if the exchange process involves an apartment purchased during marriage, a certificate of marriage/divorce, as well as the written consent of the spouse, will be required;
• if minors are involved in the transaction, you will need to provide a certificate obtained from the department of guardianship and trusteeship of minors of the district government.

Exchange agreement (equal value, no additional payment)

The document for the exchange of apartments is drawn up in free written form and must contain the following data:

• identification data of each participant in the transaction (passport data);
• detailed descriptions of residential properties included in the transaction (according to BTI data);
• the cost of residential properties determined by the two parties to the transaction based on a personal agreement;
• provided necessary data on the package of documents, serving as evidence of the existence of rights to own residential property subject to exchange;
• providing written confirmation from both parties that the apartments inspected are suitable in terms of their quality;
• conditions for transferring additional payment to the party.

Further, the apartment exchange agreement contains the procedure for the transfer of residential real estate and other data. you can here.

Briefly about the exchange

One of the options for acquiring ownership of a property is an exchange agreement. The objects of the transaction can be both similar objects (apartments in apartment buildings) and different ones (a residential building and an apartment).

In practice, the following types of transactions are implemented:

1. The owner sells the apartment and uses the proceeds to buy a residential building. In fact, these are two purchase and sale transactions. However, it allows the owner to avoid searching for an exchange option.
2. Owners of different residential premises make an exchange transaction.

In accordance with Art. 568 of the Civil Code of the Russian Federation, prices for replaced premises are considered equal. If residential premises have different prices, then an exchange option with an additional payment is possible. The owner of less expensive property must pay a certain amount. The agreement must include terms on the amount and procedure for making additional payments.

The main difficulty when making a transaction is finding an exchange option. Objects must satisfy the requirements of both parties.

The concepts of “exchange” and “exchange” in the legal sense are different. Exchange is carried out in relation to private property. Exchange – in relation to state or municipal property.