How to exchange an apartment with an additional payment? What options are possible? in 2021

What does the legislation say?

In order not to make a mistake, you can and should first study the article. 567-571 Civil Code of the Russian Federation. They are dedicated to exchange issues. Basic things you need to know:

each participant in the transaction simultaneously becomes both a seller and a buyer;
To draw up a contract, the same documents are required as for a standard purchase and sale;
you can conclude two independent transactions or one exchange agreement. (it also performs the function of a transfer document);
the parties are required to register their ownership rights in Rosreestr;
Personal income tax is calculated as when concluding a standard purchase and sale agreement.

What to choose: DPK or barter agreement is decided only by the contracting parties. In most cases, notarization of the contract is not required. An exception is the alienation of shares in the right or exchange of real estate fully or partially owned by a minor.

Note! To register ownership rights, each participant in the transaction is required to pay a state fee in the amount of 2,000 rubles. It is impossible to deposit 4,000 rubles in one payment under the pretext that the agreement is a general one. Everyone pays for themselves.

Nuances of the exchange of municipal real estate

Many citizens still live in municipal real estate. Even under such conditions, the exchange of a one-room apartment for a one-room apartment is allowed. Features of this process include:

Exchange rules (contained in Article 72 of the Housing Code).
The exchange agreement is signed in triplicate, since one document must be submitted to the local administration.
Each participant is obliged to submit to the municipality the necessary package of documents to complete the transaction.
All registered persons must agree to the exchange.
No surcharge is allowed since the property is not owned by the immediate occupants. This rule is also valid if one changing living space is much larger than the other.

To complete the process, consent is required from the municipality, which is the owner of the property.

How can I change my apartment?

Apartment exchange is carried out according to one of the following options:

On the secondary market. Owners, at their discretion, sign one exchange agreement or two purchase and sale agreements. The parties to the transaction consider the issue of additional payment independently, depending on the quality of the transferred housing.
On the market of new buildings using the trade-in system. The developer and the buyer also enter into a contract of agreement. The proceeds are counted towards the new apartment.
In the municipal housing market. The procedure is possible only with the permission of the municipality. It will not be possible to exchange privatized space for municipal space.

Let's take a closer look at the first two options. The third can be carried out only after consultation with your housing committee or another structure in charge of the apartment.

Complete turnkey apartment renovation

Everything is included The cost of repairs includes everything: work, materials, documents.
Without your participation After agreeing on the project, we only bother the owners when the repairs are completed.
The price is known in advance. The cost of repairs is fixed in the contract.
Fixed repair period Turnkey apartment renovation in 3.5 months. The term is fixed in the contract.

What exchange options are used?

When exchanging real estate, the following options may be used:

The apartment is exchanged for another. If the area of the two objects differs, an additional payment may be required.
Exchange of shares.
The room changes to an apartment.

The specific option depends on what specific goals are achieved by making this exchange.

Exchange on the secondary market

The most difficult task in this case is finding an option. Registration does not require much effort. You can exchange an apartment for:

Equal living space. Nobody pays anyone anything extra.
For a larger property, in an expensive residential complex. In this case, the one who gives away a cheaper apartment pays extra. If the new area has worse characteristics, the owner has the right to expect to receive a certain amount of money.

Both parties to the transaction are required to collect and submit to the counterparty for consideration:

Civil passports of all owners.
Extract from the Unified State Register of Real Estate. It is important to know that there are no encumbrances placed on the apartment.
An extract from the house register is preferably 5 years in advance. It is necessary to make sure that people who have the right to return there to live are not registered in the apartment, for example, convicts or conscripts.
Technical passport. There should be no unregistered redevelopments.
Certificates from management companies and resource supply organizations confirming the absence of debt.
Consent of the spouse to the transaction, certified by a notary.
Permission from guardianship authorities if there are minors among the owners or registered minors.

The exchange agreement specifies:

data of the parties in accordance with the passports;
descriptions of both apartments (addresses, floor, area, cadastral numbers and other features that allow one to uniquely identify the property are indicated);
the phrase “The parties exchange the apartments belonging to them” (if standard KDPs are concluded, these words are not written);
amount of additional payment (if any), payment procedure;
procedure for transfer of property;
other conditions relevant to this transaction.

Important point! The cost of real estate is required to be specified in the contract, regardless of its type. What amount to indicate (market or cadastral) is decided by the owners. But you need to know that the Federal Tax Service will calculate personal income tax on this amount under certain circumstances. If there is an additional payment, it is also specified in the contract.

You can submit documents for registration of a new property right directly through the Registration Chamber or through the MFC. In the first case, the transaction, if there are no obstacles, will be registered within 3 days. In the second you will have to wait longer.

Do you need repairs?

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Taxation of home exchange

If the cadastral value of real estate is the same, then the apartment and the house will be considered equivalent. In this case, no tax will be charged.

When a transaction involves a surcharge, it will be recognized as income to the person receiving it. In this case, the transferred amount is taxed at a rate of 13%. The additional paying party is still not obliged to pay funds to the budget.

If you have any questions or difficulties, please seek legal advice. You can get free legal assistance on our website. in a special window.

Now you know how the exchange of a private house for an apartment occurs. It is advisable to involve a professional lawyer in the process of concluding a transaction and preparing documentation. Our website experts will be happy to help you with any legal issues.

Exchange of an apartment for a new building

Not everyone has the money for a down payment to buy an apartment in a new residential complex. And developers are increasingly turning to the trade-in scheme. Old housing is accepted for sale. At the same time, a DDU or booking agreement is concluded. This procedure is more complicated. In most cases, the developer acts as an intermediary in the sale of an old apartment and receives a certain commission for this. But it is also possible to use another scheme, in which the developer evaluates the living space transferred to him and counts this amount towards the sale of the new one.

Formally, this transaction is not an exchange agreement. Sale and purchase agreements are registered in Rosreestr. The additional payment is made by agreement between the developer and the buyer.

Taxes and duties

The obligation to pay income tax arises if the property has been owned for less than 5 years. Moreover, in one transaction, it may be that one apartment was owned for less than 5 years, and the second for more. Then only one party pays the tax.

However, if a person received an additional payment, then this is considered income, therefore, the obligation to pay personal income tax also arises. Personal income tax is paid on real estate worth over 1 million rubles, because The law provides for a tax deduction for this amount.

Exchange of mortgage apartment

If the debt to the creditor has not yet been repaid, his consent will be required. Possible solutions to the problem include:

Transfer of debt to the buyer if he meets the requirements of the creditor.
Signing a preliminary purchase and sale agreement. The buyer contributes an amount sufficient to close the obligation to the bank. After this, the mortgage is revoked and the transaction can be fully registered.

In any case, it is better not to carry out such transactions without the knowledge of the lender. The bank has every right to protest the transaction through the court.

Duration of the exchange process

Most often there is an exchange of a privatized apartment for a privatized one. This does not require permission from government agencies or third parties. The process involves taking into account the following features:

The duration of the procedure depends on whether a specialist involved in the preparation of the contract and other documents is invited to carry out the process, since with his participation all actions can be completed more quickly.
Registration with Rosreestr does not take more than 7 days. If you address this issue to the MFC, the period increases to 9 days.

Typically, the process takes about a month if all stages are completed independently.

The exchange took place. What to do next?

Of course, repairs. It is necessary to remove memories of the previous owner from the walls, ceiling and floor. You can glue the wallpaper yourself and take master classes on applying Venetian plaster. Or you can do it easier and turn to professionals - order a turnkey overhaul service. Professionals will take on the renovation of your new living space: they will draw up an estimate, develop an architectural design, purchase materials, remove construction waste and even carry out clean-up after the renovation is completed. And all this for a fixed time and cost. All that remains for you to do is choose a design, get a finished apartment and invite guests to your housewarming party

The nuances of using a surcharge

Most often, an apartment is exchanged for an apartment with an additional payment, since usually relatives have apartments with different areas and other parameters. The amount of the surcharge is negotiated by the two parties independently. In this case, the following nuances are taken into account:

Information about surcharges must be included in the drawn up agreement.
If the process is carried out on the basis of deeds of gift, then it will not be possible to include in these documents a clause on the transfer of a certain amount of funds, so relatives must trust each other.
Exchange of an apartment for an apartment with an additional payment assumes that one participant in the transaction has a significant income. Most often, relatives try not to advertise information about the additional payment.

It is additionally recommended that the contract include a clause related to the chosen payment method.

What laws govern it?

In the modern legislation of our country there is no separate legal act that would be devoted to this issue.

In certain legislative codes, articles appear every now and then that guide citizens when carrying out this procedure.

This is not very convenient from the point of view of the use of law by an ordinary person, but at the same time, the existence of a specific normative act would exclude a large number of chapters and articles from a number of codes.

The Civil Code deals with issues of property disposal . It is he who regulates the basic rules, types and principles of alienation.

Contract of exchange, discussed in Article 567 of the Civil Code.

The entire chapter 31 tells not only what this type of agreement is, but also how ownership is transferred from one person to another.

In addition, often this agreement cannot exist without a sales contract , which is the subject of Chapter 30 of the Civil Code.

If we are talking about not privatized real estate, but municipal, that is, occupied by social rent, then you need to turn to another regulatory act.

The Housing Code in articles 72-74 talks about how the exchange of premises occupied under a social tenancy agreement occurs, how exactly this process occurs, and also draws our attention to other nuances.

Terms and cost of registration

The registration period is regulated by law, but according to general rules it ranges from 3 to ten days . The deadline may be extended by failure to submit certain documents, as well as complications in the form of sending requests to other regions.

In accordance with the Tax Code, this transaction is subject to 13 percent deductions in favor of the state of the total amount.

But if you decide to make an exchange through a gift, then you can certainly count on the fact that the transaction will be free due to the fact that it is carried out between relatives.

Reasons for refusal of registration

The exchange of a one-room apartment for a one-room apartment is carried out only with proper registration of this process. But often, when applying to Rosreestr, citizens have to face a refusal to register. This is usually due to the following reasons:

Required documentation is missing.
One of the owners does not want to draw up a written consent to the transaction.
The papers reveal inaccurate information.

The exchange can only be carried out on the condition that each person who owns the property agrees to this process. It is impossible to forcibly move the owner of the property to another apartment, even through the courts.

What is our job?

Consulting. Here you can ask any question to a realtor and lawyer.

Inspection and evaluation of objects for sale. If they do not have the most presentable appearance, an analysis is carried out of what actions will be required to give them a liquid appearance and increase the market value.

Creating an advertising campaign.

Presentation of the apartment after finding buyers.

Selection of alternative options, taking into account the client’s capabilities and requests.

Discuss the terms of the preliminary agreement with potential candidates.

Making an advance payment for the selected option for exchange.

Legal examination of real estate.

Preparation of documents for concluding contracts and explaining their contents.

Conducting a transaction.

Organization of mutual settlements, coordination of access to a bank safe deposit box.

Completion of the exchange, receipt of registration documents, handover of keys.

We want to warn homeowners once again: do not be blinded by profitable deals looming on the horizon, because your money is at stake, so protect yourself from rash and hasty decisions. You will need serious market analysis, specialist knowledge of housing law, time investment and safety precautions. The general checklist can reach several dozen top-priority items (this also applies to similar procedures for the exchange of apartments, houses, and cottages in the Moscow region).

Professionals who will stop any attempts at fraud and collect documents without bureaucratic surprises will help ease the process and reduce risks. We will definitely find a way to resolve your housing issue and determine the prospect of exchanging 1, 2, 3-room housing in Moscow and the Moscow region. Legal support of the transaction will contribute to its successful and safe implementation.

Where to begin?

How to exchange? So, at the family council it was decided to transform your home. Your next action should be to search for an offer . This can be done in various ways:

look for a buyer with a suitable option yourself, by submitting advertisements;
seek help from private realtors and agencies.

While your search has not yielded a positive result, prepare your home for sale. To do this, remove all unauthorized residents from it so that the premises are not burdened with registered residents .

Prepare all technical documentation. If any transformations have taken place, be sure to obtain the appropriate certificates from the local BTI .

Equal and unequal exchange

There are concepts of equal and unequal exchange of apartments. In the first case, both parties to the transaction do not lose in anything: there is no need for additional payment, since the market value of the exchanged apartment is equal to the total market value of the apartments being purchased. At the same time, the characteristics of real estate may differ (for example, a large three-room apartment in a new building on the outskirts is exchanged for two one-room apartments in the center).

In case of an unequal exchange, one of the parties has to pay extra to get a new apartment. So, for example, it is difficult to exchange a two-room apartment for two one-room apartments: in order to get two full-fledged, albeit small, apartments instead of one, the seller will have to make an additional payment.

It can be very difficult to resettle the residents of one, even a large apartment: therefore, some of them may find themselves at a disadvantage and refuse to exchange at all. The solution may be to exchange the apartment through the court or contact a real estate agency, whose employees will try to choose the most optimal accommodation option.

Less for more

How to change an apartment to a larger one with additional payment? The most common need of citizens of our country is to exchange their apartment for a larger one.

This may be facilitated by a number of reasons, ranging from the appearance of a new member in the family and ending with an improvement in the general financial situation of a particular family.

It is completely logical that when increasing the square footage of living space, you need to fork out a little.

How to do it? This procedure can be carried out in 2 ways:

Purchase and sale . To exchange living space, each owner draws up a corresponding agreement with the buyer. The action happens all at once.

The document does not specify the terms of additional contributions, since each citizen assigns the previously agreed upon amount individually.

Mena . This agreement specifies not only the process itself, but also makes room for nuances, which may include additional payments.

The amount of additional payment is determined by the property owners when discussing the details of the transaction. In many ways, it depends on many factors. These include the area where the property is located, the state of repair, the presence of infrastructure nearby, abandoned furniture, as well as some other important provisions.

Sometimes there is a situation when citizens make a transaction without additional payments. This is affected by the lack of good repairs, remote location from the center, and so on.