Exchange of a private house for an apartment - possible nuances

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Published: 01/28/2018

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When exchanging a house for an apartment, an exchange agreement is drawn up. Like the purchase and sale agreement, it must be registered with Rosreestr.

• Legal document governing the exchange of a house
• Exchange of house for house and for apartment
• Registration procedure List of required documents
• Tax
• Risks

A real estate exchange agreement is similar to a purchase and sale agreement. In this case, each party is both a seller and a buyer. Ownership rights are transferred only after registration with Rosreestr.

Nuances of the transaction of exchanging an apartment for a house

Since Soviet times, the cost of suburban real estate has become much more expensive than apartments. In almost all major cities, cottages are priced above square meters. Therefore, when exchanging a private house for an apartment, you can count on a very profitable deal. This is an ideal option for purchasing several residential spaces at once, since the cost of a private house covers two one-room apartments in a good area in the city center.

If we talk about exchanging an apartment for a house, you should pay attention to the following nuances: There is a low probability of moving to a house in a new cottage community.

This suggests that the cost of the apartment may be enough for a brand new house, but without any finishing, communications and furniture, which will require additional and very considerable investments.

Exchange for private property of an old building

In many cities, cottage villages of old construction have been preserved, where houses that belong to secondary housing are located, which means that they will cost much less than new buildings. However, here you need to pay attention to those housing options that have already acquired all communications and developed infrastructure. Also, do not forget about the transport interchange, which will save time on the road to work.

It is better to pay attention to the close location of major infrastructure facilities, including hospitals, kindergartens and a number of other institutions.

Clarification of the nuances of registration and execution of other documents

As a rule, private houses are not on the balance sheet of management companies or housing and communal services, so you need to be prepared for the fact that you will have to maintain the house yourself. First of all, it is necessary to arrange timely garbage removal and cleaning of the drainage pit. In any case, a country house must belong to a populated area and have a clear postal address where all family members can register.

About the opportunity

Is it possible to exchange a room?

Owners of premises in individual apartments are constrained by small square footages . Living in such conditions, it is difficult not to be “in the palm of your hand.”

All life passes under the supervision of other owners, and people probably want peace and confidentiality.

Recently, according to statistics from the largest real estate organizations, requests from citizens to exchange living rooms for a full-fledged plot of land, and even a house . It's hard to believe that something like this is possible, but still.

You can learn about how to exchange an apartment with an additional payment, how to exchange a three-room or two-room apartment, as well as whether it is possible to change an apartment with a mortgage or exchange an old apartment for a new building.

What possible costs will appear when exchanging an apartment for a country house?

Material costs here will be formed solely from the initial condition of the house, the presence of necessary communications and the need to replace them. It is better to immediately look for options where work has recently been carried out to replace water pipes, sewerage, gas and a number of other communications.

Additional construction and renovation work may also be required. Exchange of an apartment for a private house often involves temporary deprivation of the previous comfortable conditions, but everything is purely individual. It’s better to think everything over carefully and not rush into an exchange, so that you don’t have to invest money in a house for several more years in order to equip your country home.

Maintenance of the surrounding area requires the cost of concluding contracts with public utilities and private organizations that can arrange systematic waste removal and a number of other necessary works.

Causes

Realtors often conduct sociological surveys to find out why a particular housing transaction is required.

As for our case, there are several reasons that push the owners of premises to such a decision:

1. Increase in living space . Mainly used when exchanging for a house. Perhaps the building in question has even less footage than the room, but the very isolation of the house from prying eyes and privacy makes this option the most attractive.
2. The exchange of premises for land is most often based on idea of ​​a successful investment. The room is not the most popular type of housing on the market and is unlikely to attract many buyers.
   And from year to year, the room loses its value, because in addition to the unattractive “neighborhood” living conditions, the very condition of the house in which the property is located becomes obsolete.

   You can always use the land for your own purposes and not lose the money invested on it even after decades. Someone builds a house on it, someone is engaged in gardening and gardening, and someone even buys it in order to make a profitable investment.

3. Fresh air and distance from the metropolis are what attract citizens. Giving up their rooms in exchange for small houses and plots of land, they expect to escape from the bustle of the city and enjoy tranquility.

How an apartment is exchanged for a house according to the Code of the Russian Federation: a step-by-step process

Any real estate transactions are regulated by the Law of Russia, as well as Chapter 31 of the Civil Code of the Russian Federation, which stipulates the following points:

• housing exchange means the transfer of personal real estate to another owner, who in return transfers his housing;
• in case of a legally equivalent exchange, the value of both objects according to the BTI assessment should be the same;
• in an unequal exchange, which occurs most often, the value of one of the objects differs from the other, and therefore there is a need to introduce the resulting difference in price.

You can exchange houses or apartments while being at different territorial distances.

The amount of additional payment can be negotiated. The main thing is that all aspects of the transaction are reflected in the contract, which is then notarized.

The housing exchange procedure is quite simple and consists of several stages:

1. Carrying out activities to assess the value of your own housing. In this case, it is best to contact specialists who know all the methods and techniques that allow you to correctly name the cost of an apartment or house. As a rule, the price is influenced by the floor number, the presence of a sufficient number of necessary infrastructure facilities, the year of construction, internal condition and a number of other factors. Such requirements apply to both private houses and apartments.
2. Examination of the cost of an apartment that is suitable for exchange. You need to understand that another apartment will cost more, since it is selected based on improved conditions, terrain and increased square meters, as well as a number of other reasons. However, in order not to overpay the extra amount, it is better to trust professionals who can conduct their independent assessment of the required real estate.
3. Searching for a decent option. You can start selecting housing for exchange yourself, using all kinds of resources. Today, there are many sites that post free advertisements on their Internet platform. You can find several very decent options, contact the property owner and not overpay for the services of realtors. It is better not to skimp on competent lawyers and real estate appraisers.

What options are there?

Depending on the desires and capabilities of the owner of a private house in a village, city or region, there are several ways to make an exchange :

1. Make a simple exchange, popularly called “key to key”.
2. Sell ​​your house and use the money you receive to buy the home you want.
3. Paid alienation of a house and simultaneous acquisition of other housing.

Direct exchange

A direct exchange of one home for another, and not necessarily a new one, without financial additional payments, is the easiest way to change your home to your preferred one. From the name it is clear that in this case the owners transfer housing of equal value to each other.

The main advantage is the simplicity of the transaction:

• minimum number of documents;
• easy search for suitable real estate for exchange.

Important: In addition to the ease of a key-to-key exchange, if the contract is declared invalid and the transaction is terminated, the owners will simply return their home, without significant losses of money, unlike the sale and purchase.

The disadvantages include the same transience of the transaction : often the potential owner, who does not want to spend money on a lawyer and appraiser, literally buys a pig in a poke. For example, housing that was left as collateral or was completely mired in debts for utilities.

Sale and subsequent purchase of other real estate

Selling your home to buy a new one is most often done. This option of exchanging your home for another can only be beneficial for those who are in no hurry to implement their plan. Must have at least a year in stock.

1. First, you will need to put your documents for the house in order: collect a package of necessary certificates and prepare them for sale. Some lost papers need to be restored by proving your rights to civil servants. This may take time.
2. The search for a buyer can be carried out in a month, or it can last for many years.
3. Receiving funds if the purchase was made on a mortgage or loan will take up to a month or two. If maternity capital was used in the calculation, you will have to wait about 3 months for money.
4. Finding and purchasing a new home can also take a very, very long time.

The ideal option in this case is to use the services of a real estate agency . After concluding the contract, specialists will take on all the work from the assessment and sale of old housing to the purchase of a new one. Usually a professional can handle this in less than 3-6 months.

Paid alienation and simultaneous acquisition of other housing

Such a deal can be concluded with a developer by investing in your own housing and, at the same time, receiving a new apartment.

To carry out barter, you need to contact the developer and ask to evaluate the housing and tell about all the conditions of the exchange, the amount of surcharge and the method of alienating the old property and receiving new property. For example, if the housing is alienated for sale, the developer may offer to move to a new apartment only when it sells the house.

Almost a similar exchange can be made with a real estate agency, selling them your house at a reduced price, while at the same time buying a new home from them. The disadvantages of both methods of alienation include a small risk that the transaction will drag on indefinitely. also a risk of running into scammers . Despite this, such deals are becoming increasingly popular.

Necessary documents for completing a transaction

It is better to immediately carry out this process under the supervision of a lawyer, who will be able to check the presence or absence of all receipts, contracts and certificates, and will also tell you how to formalize them correctly, so as not to delay the exchange transaction.

The lawyer must also make sure that none of the properties are foreclosed on or have an outstanding mortgage. Checking the legal cleanliness of an apartment or house is a very important step that should not be overlooked.

Next, all the necessary documents are submitted to register the ownership of the new owner. The main thing is to obtain a Certificate of Ownership of the new apartment, which both parties to the transaction must receive on the same day.

Documents required when exchanging an apartment for a private home:

• barter agreement;
• cadastral passport for each property that is being exchanged;
• a certificate confirming the right to own a specific property;
• a completed statement of consent of all family members to conduct a real estate exchange transaction;
• a drawn up act of documents, with further transfer for a specific apartment or private property;
• confirmation of residence of previous residents, with the obligatory listing of them in a special extract from
• house book;
• document confirming payment of the state fee for registration actions.

The procedure itself for exchanging a private home for an apartment does not seem complicated. The main task of the parties to the transaction is to check the authenticity and correctness of the documents, as well as the “cleanliness” of the real estate, so that in the future they do not have to litigate their own housing in court.

Advantages and disadvantages

The advantages of exchanging real estate with an additional payment include minimizing costs, reducing risks and time:

• Drawing up an exchange agreement is two times cheaper in terms of payment for the transaction than entering into two: sales and purchases. In this case, payment of the state fee for registration is carried out once.
• In the case of an equal exchange without additional payment, there will be no need to pay taxes on profits if the property has been owned for more than three years. Participants who make additional payments at the time of exchange are also not subject to taxes.
• If the agreement is declared invalid for any reason, the parties to the transaction will at least remain with their previously registered residential areas.
• To register the exchange of real estate, it will take less time in justice than if there was a sale and then purchase of an apartment.

The disadvantages of this option include:

• Lack of a full selection of real estate for direct exchange due to the fact that these options are not widespread enough on the market.

Methods

There are several options for sharing space. Check out each of them and choose the one that suits your case.

Barter agreement

In order to formalize such an agreement, it is necessary for BTI employees to evaluate the value of your room and the value of the real estate for which the exchange is intended to be made.

If the amounts are proportionate, then an exchange contract is drawn up, according to which (Article 567 of the Civil Code) one party transfers real estate into the ownership of the other, and the latter, in turn, carries out a similar transaction.

If the amounts are disproportionate and one type of real estate is more expensive, then you can draw up an exchange contract with an additional payment by one of the parties.

The fact of additional payment must certainly be indicated in the contract, otherwise it will not be possible to prove in court that additional funds were demanded from the opponent.

Purchase and sale

The transaction can be concluded through a purchase and sale agreement.

In total, there are two equivalent contracts under this agreement .

Most often, this method is used when the surcharge is too high, and the owner of expensive property does not trust the exchange contract.

The disadvantage of this method is the tax on the sale of real estate, which will have to be paid twice.

Realtor help

In accordance with this method, a third party . Most often, she is represented by a realtor.

If you definitely want to exchange for a specific plot or house, but the owners of these properties do not want to exchange for a room, even with an additional payment, then you can resort to the help of a realtor.

He buys the option you are interested in for a small deposit on your part. In the meantime, you sell your premises to other persons (time is allotted for this) and buy the purchased property from a realtor, taking into account a small percentage for his services.