An apartment buyer has been found: what to do next and where to go

Article updated: December 19, 2021
Elena GrushinaRealtor with a legal education. Work experience - 12 years

Hello. On this page I have listed the documents that are needed to purchase an apartment on the secondary market + universal instructions on how and where to get them. The list is current for 2021 and is suitable for citizens who purchase an apartment: 1) for cash (without mortgages, subsidies, etc.); 2) for a mortgage; 3) using maternity capital.

I divided the documents into mandatory and additional. Mandatory ones are those that are needed to register a purchase and sale transaction. Additional documents are needed to prepare for this transaction.

A small digression - if you need free legal advice, write online to the lawyer on the right or call the following numbers (24/7 for all regions of the Russian Federation): 8 Moscow and region; 8 (812) 425-62-89 — St. Petersburg and region; all regions of the Russian Federation.

Preparation of documents

Prepare all documents in advance - collection may take up to two weeks. The buyer of the apartment can move into the new apartment as soon as you check out of it. This can be done at the passport office or MFC - write an application, and then you will be discharged in 5-14 days. To discharge a minor, you will need permission from the guardianship and trusteeship authorities. Be sure to check the set of documents with a lawyer or realtor. If they find a mistake, it could save you millions. By the way, what documents do you need to collect to sell an apartment? Already written in the previous article.

What documents are needed when buying an apartment?

1. Application for state registration . Application forms can be found on the official website of Rosreestr, where there is also an annotation for filling it out. However, currently application forms are printed out by MFC specialists and filled out independently.

2. State duty . It must be paid by the buyer and presented in the original. In most cases, the fee is 2000 rubles. However, some transactions have specific features and the amount of duty may vary. Before paying, it is better to consult with an MFC specialist or registration service.

3. Apartment purchase and sale agreement . This agreement is drawn up in triplicate for the parties and the registration department. The contract must contain the necessary information:

date and place of drawing up the contract;
full information about the seller (sellers) and buyer (buyers): full name, place of residence, date of birth, passport details, description of documents of the legal representative (if children, incapacitated, or partially capable are involved in the transaction);
that the seller expresses his will to transfer ownership of the apartment to the buyer, and the buyer is obliged to accept the apartment and pay its cost;
a complete description of the apartment, as indicated in the cadastral passport (name, address, area, cadastral number, etc.);
information about the state registration of the seller’s right;
the cost of the apartment, the term and procedure for its payment;
about the absence of debts, encumbrances and arrests;
on consent to the transaction on the part of legal representatives and spouses;
the fact that the layout of the apartment corresponds to its actual condition;
about the absence of registered persons;
that outsiders have no claims, and the apartment is not the subject of a legal dispute.

Without such information, the contract may be considered improper and not registered, or in the future the buyer will have difficulties with such an apartment, including deprivation of his ownership rights.

An act of acceptance and transfer of housing must be attached to the contract. The agreement will not be complete without the act. But the act will not be required if the fact of transfer of the apartment is described and confirmed by special clauses in the contract.

4. Cadastral passport . If previously it was not submitted to the registration service, now its submission is mandatory. In the case where the Rosregistry has a copy of the passport, re-presentation is not required. Please note that technical passports since 2008 are not documents required for registration.

5. Consent of the seller's spouse . If the seller is married or recently divorced, and the transaction is made on behalf of one of the spouses, then consent from the husband/wife (ex-husband/wife) is required. Consent is obtained from a notary on a special form.

6. Extract from the house register . This document still causes a lot of controversy about its significance. Now it is absolutely not needed for state registration (see how and where to get an extract from the house register).

7. Citizen's passport . All participants in the transaction (seller, buyer) present their passports to the registrar to confirm their identity.

You should know that such a package of documents for purchasing an apartment is necessary in most cases. However, depending on the parties to the transaction, the special terms of the contract, and the method of purchasing the apartment, you will need to submit additional documents (in addition to the specified documents).

Which ones remain after registration in Rosreestr?

After the package of documentation for the transaction has been submitted to Rosreestr for registration, you can also submit the documents to the MFC, the buyer only has a receipt in his hands for accepting the documents, signed by the person who accepted the application with attachments.

This receipt may remain for a month until the registration procedure is completed.

Upon completion of this, the applicant comes up for re-appointment, presenting a receipt and a civil passport, receiving:

registered PrEP;
act of acceptance of the transfer of the apartment (if it was submitted for registration);
extract from the Unified State Register of Property Rights.

In addition, the buyer transfers the following received before the conclusion of the transaction:

cadastral passport of the apartment;
floor plan with explanation;
an extract from the apartment book about deregistration.

This list of documentation is exhaustive, but due to the variety of life situations that require additional procedures, it can be supplemented in accordance with existing standards.

Let's look at the most common options for buying an apartment

Purchasing a share in an apartment;
Registration for a child;
For a mortgage;
In a new building.

We buy a share in an apartment

Sometimes the transaction does not concern the entire apartment, but only part of it (share). The procedure for purchasing a share in an apartment is similar to the procedure for purchasing an entire apartment. However, there are significant differences.

Firstly, mandatory notarization of the transaction is required (in any variant of its execution). The exception is when several shareholders sell the entire apartment to the buyer(s).
Secondly, if the agreement is not concluded between shareholders of common property, that is, not between “our own” (for example, in an apartment there are 2 shares of ½ for each shareholder and one co-owner sells his part of the apartment to the other), but between the shareholder and a person from outside, then the standard package is accompanied by the refusal of other shareholders from the preemptive purchase of the share.

Such a waiver may be notarized, although this is not required by law. The refusal is written in free written form. It must clearly reflect:

who refuses;
what share is he giving up?
what is the share of the refuser in the apartment (cadastral number, address, size);
cost of the share for third parties and payment procedure.

Instead of a refusal, confirmation may be provided that shareholders (possible potential buyers) received an offer to buy a share (by mail receipt or against signature), but did not respond to such an offer within 30 days.

If you are buying an apartment for a child

The list of documents for registering the purchase of a home for a child is similar to the list of documents for a regular purchase of an apartment, but with a small nuance. Depending on the return of the child, it is required to submit to the registry office. service:

parental consent to purchase (to conclude a purchase and sale agreement), if the child is between 14 and 18 years old;
a purchase and sale agreement signed by a parent on behalf of the child if the buyer is a minor under the age of 14. The contract states that a particular parent acts in the interests of the child.

And in any case, the child’s birth certificate .

One more clarification. If the child was not previously the owner of the property, then guardianship permission for the transaction is not required. Such permission will be required if a minor purchases an apartment in connection with the sale of another apartment that belonged to him.

Buying an apartment with a mortgage

It should be noted that for a mortgage it is necessary to submit two sets of documents:

to the bank;
for registration.

Regarding the bank, documents are submitted to issue consent for lending. Each bank has its own requirements and, depending on the specific case, the list of documents may vary. In any case, the collection of documents is carried out under the control of a bank employee, so there are no difficulties in their list and content.

When the issue of a loan has been fundamentally resolved, the need arises to prepare documents for registration.

At the registration service, the purchase of an apartment with a mortgage is formalized as two transactions in one. That is, they register the purchase and mortgage of an apartment, and at the same time. To do this, submit documents for the purchase of an apartment, which were indicated above, and additionally a package for a mortgage:

Applications from the bank and the buyer for mortgage registration . Such an application is filled out by an MFC employee; sometimes bank employees take this initiative themselves. The citizen only needs to verify the data and sign;
document confirming payment of state duty. Unlike the duty on the purchase of an apartment, a mortgage requires payment by both the bank and the buyer-borrower. State duty amount:
1. for the buyer is 500 rubles;

Thus, the total state fee for the buyer (for registering an apartment and mortgage) is 2,500 rubles.

mortgage agreement (mortgage). These documents are drawn up by the bank and submitted to the registration office. Sometimes banks require notarization of the agreement.
credit agreement (loan agreement). These documents are also prepared by the bank; the borrower can only agree to its terms or refuse to sign the agreement. The borrower, as a rule, is not given the opportunity to determine the content and terms of the agreement.
consent of the second spouse to receive a loan and apply for a mortgage. Such consents are obtained at the notary at the expense of the buyer. It happens that banks require notarial consent from the buyer (borrower) to foreclose on a mortgage out of court. Such a requirement can be illegally reported to a bank employee. This responsibility will be removed from you.

Buying an apartment in a new building

There are two options for purchasing housing in a new building:

purchasing a ready-made apartment in a commissioned building;
participation in shared construction of an apartment, that is, even at the stage of building a house.

In the first case, the apartment already has an owner, be it the developer or a person to whom the property is registered on the instructions of the developer. Therefore, the purchase will be made according to the principle of purchasing on the secondary market.

Regarding participation in shared construction, for the final purchase you need to go through two stages:

registration of a share participation agreement;
registration of ownership of the apartment in your name.

What documents are needed for an apartment in a new building when concluding a share participation agreement:

application for registration of the agreement . Such a document is submitted by both the developer and the buyer - simultaneous appearance at the MFC. The application itself is filled out by an MFC specialist. The citizen only verifies the data and signs.
receipt of state duty . The developer pays 2,000 rubles, the buyer – 100 rubles. Everyone pays for themselves.
share agreement. Such an agreement provides:
1. information about the parties;
construction time;
the size of the buyer's cash injection.

The contract is submitted in triplicate; two copies are marked for registration for the parties, the third remains in the registry. At the buyer's request, such an agreement can be certified by a notary.

building permit . This document is obtained from the municipality by the developer. It indicates where and in what time frame the house will be built.
project for a house and an apartment in this house.
plan of an apartment building , including information about the address, apartments with their area, and other non-residential premises in the building.
description of the apartment . The document is signed by the developer and the buyer. The description is presented in the form of a diagram of the location of the apartment in the house, with comments about the area of the apartment, floor, etc.
document for the land where the house is being built . We are talking about the property of the developer or the land plot leased by him on which a new building is being built.
insurance contract . The seller must insure his risks in case of non-fulfillment of the construction contract. Insurance is provided at the expense of the developer.
buyer's passport.
constituent documents of the developer:
1. charter;
protocol (decision) on the appointment of a director;
extract from the state register of legal entities.

Of the specified documents, the buyer submits only an application, state duty and contract to the registration service.

The remaining documents are provided by the developer. The buyer should only make sure that they are collected and ensure that they are submitted to the Russian Register so that registration is not refused.

What documents are needed to register ownership in a new building?

application for property registration . The application is submitted only by the buyer.
receipt of state duty (amount of 2000 rubles);
a share participation agreement previously registered with the registration department;
deed of transfer . A document confirming the transfer of an apartment from the developer to the buyer. Two original copies are provided to the Russian Register.
certificate of payment of the entire amount for the apartment . The certificate is prepared by the developer and handed over to the buyer.
permission to put into operation the building in which the apartment is located. This document is provided to the Rosreestr by the developer.
cadastral passport for the apartment . When handing over the customer’s house, the BTI orders such passports and later transfers them to the buyer.

How to restore the missing ones?

If Rosreestr does not issue a registered agreement, act or extract from the Unified State Register after registration, the lost document must be restored immediately. To restore documents, the buyer writes an application to the administration of the Rosreestr branch, in which he indicates:

The circumstances and date of transfer of the package of documentation for registration of the transaction, indicating the identification number of the receipt, which verifies the fact of transfer of the lost document.
A detailed description of the document, if it is an agreement or deed of transfer, indicating the details.
If an extract is not issued, a simple indication of this fact is given.
If additional documents have not been issued, list them.

The registration authority will definitely correct the error. And if the non-issuance was motivated by legitimate reasons - a motivating extract with a refusal to register.

Based on the extract received, it is possible to initiate legal proceedings if you submit a statement of claim within 10 days. But the claim is brought only in relation to title and right-certifying documentation.

ATTENTION: Any document that allows registration of a transaction and ownership of an apartment can be restored by a court decision. Additional documents are restored without any problems by obtaining duplicates.

A personal account, payment receipts and registration at the place of residence are issued by the buyer after taking ownership.