How to transfer an apartment to another person (owner)

Despite the apparent complexity, with the right approach, re-registration of an apartment will not cause difficulties. And in this matter you cannot do without our recommendations.

To re-register an apartment, the following package of documentation is required:

• passport;
• documents establishing ownership (sale and purchase agreement, donation, exchange, etc.)
• notarized consent of the spouse (if the apartment is joint property);
• extracting books from home;
• certificate of ownership.

The list may vary depending on the re-registration method.

Re-registration of an apartment through purchase and sale

Step 1. You should collect a package of documents:

• application for state registration;
• title documents for the apartment;
• contract of sale;
• extract from the house register;
• consent of the spouse (if the apartment is joint property);
• receipt of payment of state duty in the amount of 2 thousand rubles.

Step 2: The buyer and seller need to sign a sales contract.

Step 3. Submit documents to register the transfer of ownership rights, for this you need to contact the MFC.

If you are selling a share in an apartment, you must obtain a waiver of purchase from other homeowners. At the same time, in the share purchase and sale agreement, you need to indicate a price no less than what you offered to other owners, otherwise this transaction can be challenged in the future.

On a note. From 2021, the sale of shares is carried out through a notary.

In what cases is it possible to re-register an apartment?

From the moment of commissioning, an apartment or house can change several owners, and in a very short time. After all, not all people tend to live in one place, while others are forced by life circumstances.

So the most common reasons for re-registering an apartment to another owner are:

• home sales;
• giving, for example, to a beloved grandson;
• receiving by inheritance by will or by inheritance order;
• privatization of a previously provided apartment on social rent;
• exchange for another apartment;
• obtaining housing under the terms of a rental agreement.

In this case, the apartment may not be transferred to another owner in full, but only partially, which is relevant when several relatives enter into an inheritance or in the process of privatization of all persons registered in the housing.

Important! Socially rented housing cannot be sold or donated, since it belongs to the state housing stock and is managed by local administrations as a proxy for the owner - the state. But under certain circumstances, the apartment can be exchanged for an equivalent one, after agreement with the municipality.

Re-register an apartment under a Donation Agreement

Algorithm of actions:

Step 1. We draw up and sign an apartment donation agreement. You can do this on your own by downloading and filling out a sample from the Internet, or you can seek help from lawyers.

Step 2. We pay the state fee and submit documents for registration to the Federal Registration Service or the MFC.

Step 3. We collect the completed documents.

The advantage of this method is that if you are going to donate a share in the apartment, you do not need to receive refusals from other owners.

If you are going to donate an apartment that is joint property, you must obtain the consent of your spouse.

New buildings

What to do after buying an apartment? The answer directly depends on what kind of property we are talking about.

First, let's find out what to do after purchasing housing in a new building. Such transactions are becoming more common. Citizens will need:

• register housing in your name;
• conclude an agreement with the housing office and energy sales;
• open a personal account for the apartment;
• carry out communications to the house (Internet, gas, etc.) if necessary.

As a rule, the listed operations do not take much time if you act promptly. And therefore, further advice will be given to speed up the provision of relevant services.

Will

Instructions:

Step 1. The testator contacts the notary's office, taking with him his passport and title documents for the apartment.

Step 2. The notary draws up a will based on the information received from the client.

Step 3. The will is certified by the seal and signatures of the executor and the client.

A will may be invalidated if it is made by an incapacitated person, if it was written under duress, or if it does not comply with current laws.

Secondary housing

What should you do after buying an apartment? Typically, the procedure depends on how and what kind of housing people purchase.

Let's assume that citizens bought an apartment on the secondary market. In this case, owners will need:

• change information about the owner of the property in the housing office, management company, energy sales and gas service;
• re-register the rights to the apartment;
• renew the Internet contract;
• re-register the personal account of the apartment and resource consumption meters in your own name.

Now the first steps after buying an apartment are clear. A little later we will consider the procedure for implementing the assigned tasks in a particular case. There shouldn't be any real difficulties.

Rent

Rent consists of transferring the property of one person to the disposal of another. The latter undertakes to regularly pay a certain amount to the lessor.

Stages:

Step 1. Collection of documents:

• property foundation documents;
• extracting books from home;
• passport of both parties;
• certificate from the BTI.

Step 2. Drawing up and signing an agreement.

Step 3. Registration of the agreement.

The advantage of this method is the possibility of receiving additional income without losing your place of residence. However, there is a risk of becoming part of a fraudulent scheme.

Where are property rights registered?

Let's assume that the transaction for the purchase of housing has been completed. What to do next? After purchasing an apartment, as we have already said, you will have to register the property in your name. The sooner a person does this, the better.

Registration of property rights is carried out through:

• cadastral chambers;
• Rosreestry;
• multifunctional centers.

You can submit an application for registration of an apartment using State Services or the official website of Rosreestr. These are not the most popular techniques, so we will not focus on them.

The nuances of re-registration of housing for a spouse, grandchildren, brothers/sisters and parents

To re-register property to a spouse, a purchase and sale agreement is usually used, since you can receive a tax deduction in the amount of 260,000 rubles. In case of registration of a gift, there is no tax deduction from the transaction. The same is true for re-registration of rights to parents, brothers/sisters or grandchildren. In the latter case, it is permissible to resort to writing a will. There is another way for those who acquired an apartment during marriage; in this case, you can draw up an agreement on property division.

Documents for inheritance

What documents may be required to re-register an apartment upon inheritance? Citizens bring to the notary:

• a will (usually the notary already has it);
• death certificate of a citizen;
• written consent to enter into inheritance;
• real estate cadastral passport;
• an extract from the Unified State Register (not always, but it’s better to bring it);
• heir's passport;
• documents of relationship with the deceased (if available);
• papers indicating the deceased's ownership of real estate.

As a rule, you need to bring all the listed papers to the Rosreestr, but in addition to them attach:

• application for amendments to the cadastral passport;
• an extract from a notary, which will indicate the fact of transfer of property by inheritance.

After contacting the registration chamber, the citizen will be given a special receipt. It indicates the time of receipt of the certificate of ownership of the property.

One small thing to pay attention to is taxes. If the re-registration of an 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 completed. Close relatives (parents, children, spouses) are exempt from taxes.

Internet and telephone

What to do after buying an apartment on the secondary market? If the new owner needs it, they can contact communication service companies to provide Internet and telephone services.

In the first case, it is recommended to take the old Internet equipment and hand it over to the provider. Next, all that remains is to present your passport and fill out an application for Internet or telephone access.

At a pre-agreed time, a technician will come and connect the telephone or modem in the apartment. After this, the owner of the property will be given a deed of the established form and an agreement for the provision of communication services.

Key nuances

Summarizing all of the above and the experience of specialists, we can highlight several key nuances:

• In property re-registration

  the consent of the remaining family members will be required. Especially in cases where the objects are in shared ownership. The permission is written by each member personally, signed and notarized. Otherwise, the agreement can be challenged, as a result of which the new co-owner will lose his right to use and manage the property.

• Re-registration method

  , the type of contract is selected individually depending on the circumstances. To re-register property rights between relatives, it is better and cheaper to draw up a gift agreement. The transaction is carried out according to a simplified procedure, costs less, and takes less time.

• Will

  - also a good way to legitimize ownership of the new owner. The downside is that while the testator is alive, there can be no progress. The process can only begin after the death of the current owner. The same applies to the rental agreement.

• Exchange with purchase and sale

  – relevant for unfamiliar or complete strangers. Both options are safe for both parties. The main thing is to draw it up correctly, trusting specialists who know all the subtleties and nuances of the procedure. This method is also considered rational and most acceptable for divorced couples.

There is a choice of re-registration methods. Each of them is good for a specific life situation. Each is recorded in a legislative document and is considered legitimate. The main thing is not to make mistakes, not to trust those who charge little for the service; accordingly, they have insufficient experience, are incompetent in legislative changes, and they tend to change from time to time.

Re-registration methods with detailed descriptions

Everyone who plans to do this in the near future needs to know how to re-register ownership of an apartment. Many of our fellow citizens have to deal with this procedure, so the next subsection will be a good help in finding the necessary information.

Privatization

It is important for those who live in municipal housing that is subject to privatization to know how to re-register ownership of an apartment in this way. Citizens living in this property can participate in this transaction.

List of package documentation:

• passport of the future homeowner represented by one person or all the others, if there are several of them;
• metrics for minor children;
• property certificate from the cadastral center;
• personal accounts for the apartment;
• a document on the basis of which a person has the right to use real estate;
• consent of all family members to complete the transaction (in writing);
• registration extract from the house register or housing office;
• marriage certificate (for married couples).

To all these papers, before changing the owner of the apartment, you must also attach a statement written in your own hand.

Apartments in new buildings in the Kominternovsky district of Voronezh. View and

Purchase and sales

Before you re-register your apartment to another owner using this method, you need to know how and what to do - that is, the sequence of operations and their number. List of papers:

• identity certificate (passport);
• statement of absence of utility debts;
• passport for property from the cadastral center
• certificate of ownership of real estate;
• an extract issued by the Unified State Register;
• marriage certificate;
• a written agreement between the other spouse and adult family members agreeing to complete the transaction;
• an extract about the registration of their housing office or house register.

Additional documents, namely: certificates of sale and purchase and bills (receipts) of the opposite party for receipt of money, will be required by Rosreestr.

Gift deed

How to re-register an apartment in the name of a relative using a deed of gift. Not all people know how to transfer an apartment to their child through this procedure. You have heard about the procedure, but most likely not how the transaction is actually completed. We’ve already figured out where to go, now we need to find out what documentation we need to have with us:

• passport issued to the donor;
• a gift agreement drawn up and sealed in a notary’s office;
• cadastral passport for donated property;
• certificate of ownership of the donor;
• identity card issued to the recipient;
• statement of personal account of the apartment;
• documents indicating the relationship of the donor with the recipient.

The notary's office may require an extract issued by the BTI. After both parties sign the agreement, it will be endorsed and registered by a notary.

With this document you can safely go to obtain a certificate of ownership. Following this procedure, personal utility accounts are also reissued.

Inheritance

Elderly people try to draw up a will to inherit property as quickly as possible. The heir will be able to enter into the right to use the property some time after the death of the testator; in this way, this right can be transferred to a minor child of a son, daughter, or second-degree relatives: nephews, sisters, brothers and other persons. It will be possible to register an apartment for a child, namely the right of ownership, after going through the following stages:

1. Agreement. The heir must write a written consent to the action - entry into inheritance. Or refuse it (also in writing).
2. Collect the required package of documents.
3. Have the deal notarized.
4. Contact Rosreestr to receive the appropriate certificate.

What papers will you need to collect:

• a will executed by the deceased on the heir;
• certificate of death of the testator;
• consent to inheritance;
• cadastral passport of property;
• not always, but it is better to have an extract issued by the Unified State Register on hand;
• heir's identity card (passport);
• evidence of the relationship of the deceased with the heir;
• papers giving ownership of property issued to the testator.

Rosreestr will also need: a statement written by the heir; a notarized extract on the transfer of property according to the agreement of entry into the inheritance under a will.

Rent

In this method of re-registration of property, the proposed (new) owner must assume all monetary expenses associated with caring for the existing owner until death.

This is one of the methods. Another provides for full payment of money for a specified period. While the first owner is alive, the second cannot take possession.

The agreement between the parties must be officially certified by a notary office.

Apartment exchange

A quick and inexpensive way to solve the problem of how to re-register an apartment for your son. Here two related ones enter into a transaction (not necessarily!).

For example, parents can exchange more spacious housing with their son, where there is much less usable space, their daughter, or any other person. Between strangers there is an additional payment if the housing is not of equal value.

Help for the Registry

What actions need to be taken after purchasing an apartment? As already noted, a citizen must re-register the property in his name. Only after this can you conclude apartment service agreements with suppliers and management companies.

What certificates are useful in Rosreestr? Usually this:

• purchase and sale agreement (or mortgage);
• applicants' personal identifiers;
• application for re-registration of an apartment;
• statements about the transfer of money to the real estate seller;
• marriage and birth certificates;
• receipt with paid duty;
• USRN extracts;
• agreement on the allocation of shares.

In some cases, a person will find it useful:

• acts on putting the house into operation;
• mortgage repayment schedule.

Income certificates and other civil documents are not needed. In fact, re-registration of an apartment to a new owner is the simplest task. It is much more difficult to renegotiate housing maintenance contracts.

Application to the State Register

What to do after buying an apartment? Registration of rights to real estate plays a huge role in the registration of property.

The instructions for implementing the task have the following interpretation:

1. Prepare a number of certificates necessary for successful registration of property rights. Their package will vary depending on the situation.
2. Write an application for registration of rights to apartments.
3. Pay a fee for the procedure if necessary.
4. Submit an application to the MFC or Rosreestr.
5. Pick up documents on property rights at the appointed time.

Now you can re-register contracts with management companies and suppliers of resources to the apartment.

Important: since 2017 in Russia, a certificate confirming the rights to real estate has been an extract from the Unified State Register of Real Estate. It is issued indefinitely.

Apartment service providers

What to do after buying an apartment on the secondary market? The same as in the case of purchasing a new home. If the previously listed steps have been completed, you can proceed to the final stage of home re-registration.

The property owner needs to contact the energy sales, gas company and other service organizations with a written application. In it, a person asks to register in his name the supply of certain housing resources.

The presence of title documents will not be superfluous. It is also recommended to take the agreement with the housing office or management company with you.

Important: if the apartment has meters, it is better to inform the service company employees about this. Subordinates of the relevant organizations will arrange a meeting, after which they will re-register the meters to the new owners.