What transactions now need to be executed at the notary? Registration of an apartment at a notary: a necessary measure or extra expenses

On July 2, 2016, Federal Law No. 172-FZ “On Amending Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Law on Amendments) came into force, which amended Articles 24 and 30 of Federal Law No. 122- dated July 21, 1997 Federal Law “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Law on Registration) in terms of transactions subject to mandatory notarization.

Lyudmila Kulagina, Deputy Head of the Department for Registration of Transactions and Transfer of Rights of Individuals of the Office of Rosreestr for the Republic of Tatarstan, will tell more about the changes in the legislation. The new interpretation of the articles leaves no doubt that now all transactions aimed at alienating shares, as well as property of minors, are subject to notarization. However, the applicants still have questions related to the application of the legislation that has entered into force. Let's try to figure it out. The donation agreement for a share in the right of common shared ownership was concluded in May 2016, however, documents for state registration of rights on the basis of this agreement were submitted after 06/02/2016.

Is this agreement subject to notarization? The Law on Amendments entered into force on 02.06.2016 and, accordingly, the requirements of this law on mandatory notarization of certain transactions apply to relations that arose only from the date of entry into force of the Law on Amendments.

Contracts concluded prior to the entry into force of the above law shall be subject to the requirements of legislation that were in force before the specified date. Transactions for which a mandatory notarial form was not previously required and concluded before 06/02/2016 in a simple written form are legally valid, regardless of the date of application for state registration of rights. The property belongs to the spouses on the basis of common joint ownership.

Is the contract for the sale of this object subject to notarization? The current legislation differentiates common property into common shared and common joint property. The amendments to the legislation that have entered into force clearly define that transactions for the alienation of shares in the right of common ownership of real estate are subject to mandatory notarization, including when all participants in shared ownership alienate their shares in one transaction. Based on the foregoing, the legislation does not provide for mandatory notarization for transactions for the alienation of a property that is in common joint ownership.

One of the pressing issues is the need for notarization of a transaction for the alienation of a share in the right to an immovable property object that is in the sole ownership of the alienator. This issue also arose under the previous wording of Article 24 of the Law on Registration, according to which transactions on the sale of a share in the right of common ownership to an outsider were subject to mandatory notarization. The interpretation of Article 24 of the Registration Law until 06/02/2016 raised doubts about the application of these provisions due to the fact that, on the one hand, the subject of the agreement was a share in the right, but on the other hand, the object was not in common shared ownership.

To date, the position of the Office on the above issue is as follows. Common property arises when two or more persons receive property that cannot be divided without changing its purpose or is not subject to division by virtue of law. The legislation determines that in cases where the alienation of property is subject to state registration, the acquirer's ownership right arises from the moment of such registration, unless otherwise provided by law. Accordingly, prior to the conclusion of the alienation transaction, it is impossible to talk about the existence of common shared ownership if the property belongs to one person. The right of common shared ownership in case of alienation of a share from the whole will arise by law only after the state registration of the transfer of rights according to the documents submitted for the alienation of the share.

Given the above, the provisions on mandatory notarization of a transaction for the alienation of a share in the right to an immovable property object that is in sole ownership do not apply. A derivative issue from the situation described above can also be called the question of the need for notarization of contracts for the alienation of a whole object of real estate from sole ownership to shared ownership. In this situation, notarial certification of such contracts is also not required, since the right of common shared ownership will arise only after the state registration of the right of common shared ownership of the acquirers under the transaction.

Another innovation established by the law on amendments concerns the property rights of minors. In accordance with the new provisions established by the Law on Amendments, all transactions for the alienation of immovable property belonging to a minor citizen or a citizen recognized as having limited legal capacity are now subject to notarization. These transactions include contracts of exchange, donation, purchase and sale, etc.

Notary Tkachenko M.A. provides paid services for preparing documents, certifying transactions, verifying the authenticity of copies and signatures, as well as performing other actions. Tariffs are the same throughout the territory of the Russian Federation. They are established by the Tax Code.

The client makes payment before the notarial act is performed. Information about the collected tariff is entered into the document issued by the notary. At the same time, an entry about the price of the notarial service is made in the registration journal.

The laws of Russia provide benefits for certain categories of citizens, which can be used upon presentation of the relevant documents.

The cost of notary services

TYPE OF NOTARIAL ACTIONS	TARIFFS	COST OF LEGAL AND TECHNICAL WORK
1. Contract of sale, exchange, donation of real estate (apartments, non-residential premises, land plots, residential buildings, etc.)
children, spouse, parents, grandchildren	3,000 rubles + 0.2% of the real estate valuation (transaction amount), but not more than 50,000 rubles.	8"000 rub.
other persons
a) up to 1 "000" 000 rubles.	3 "000 rubles + 0.4% of the transaction amount.
b)	7,000 rubles + 0.2% of the transaction amount exceeding 1,000,000 rubles.
c) over 10 "000" 000 rubles.	25,000 rubles + 0.1% of the transaction amount exceeding 10,000,000 rubles, but not more than 100,000 rubles.
2. Annuity agreement		7"000 rub.
3. An agreement on the mortgage of a dwelling to secure the return of a credit (loan) granted for the purchase or construction of a residential house, apartment, subject to mandatory notarization in accordance with applicable law	200 rub.	10"000 rub.
4. An agreement on the mortgage of real estate, with the exception of ships and aircraft, domestic ships, subject to mandatory notarization in accordance with applicable law	0.3% of the contract amount, but not more than 3,000 rubles.	10"000 rub.
5. Agreement on the mortgage of sea and aircraft, inland navigation vessels.	0.3% of the contract amount, but not more than 30,000 rubles.	10"000 rub.
6. An agreement on the mortgage of residential premises or non-residential premises or land plots, which, in accordance with applicable law, is not subject to mandatory notarization
depending on the amount of the contract:		10"000 rub.
up to 1 "000" 000 rub.
over 1 "000" 000 rubles. up to 10"000"000 rub. inclusive
over 10 "000" 000 rubles.
7. Contract of assignment of a claim
under a residential mortgage agreement	300 rub.	8"000 rub.
under a loan agreement and a loan agreement secured by a mortgage of a dwelling	300 rub.	8"000 rub.
8. Contract of financial lease (leasing) of aircraft, river and sea vessels	0.5% of the contract amount	8"000 rub.
9. An agreement subject to evaluation, which, in accordance with the current legislation, is not subject to mandatory notarization
depending on the amount of the contract:		8"000 rub.
up to 1 "000" 000 rub.	2 "000 rubles + 0.3% of the transaction amount.
over 1 "000" 000 rubles. up to 10"000"000 rub. inclusive	RUB 5,000 + 0.2% of the transaction amount exceeding RUB 1,000,000
over 10 "000" 000 rubles.	23,000 rubles + 0.1% of the contract amount exceeding 10,000,000 rubles, but not more than 500,000 rubles.
a) hiring, renting residential and non-residential premises, air, sea, river vessels, loans, guarantees, division of property between spouses, division of hereditary property
b) agreement of alienation, pledge of shares:
		10"000 rub.
		15"000 rub.
		25 "000 rub.
c) agreements on pledge of movable property		10"000 rub.
10. Agreement (including preliminary) for the alienation, pledge of a share or part of a share in the authorized capital of the company
depending on the amount of the contract:
up to 1 "000" 000 rub.	0.5% of the contract amount, but not less than 1 "500 rubles.
from 1"000"001 rub. up to 10"000"000 rub. inclusive	5,000 rubles + 0.3% of the contract amount exceeding 1,000,000 rubles.
over 10"000"001 rub.	32,000 rubles + 0.15% of the contract amount exceeding 10,000,000 rubles, but not more than 150,000 rubles.
- the parties to which are natural persons		10"000 rub.
- to which the legal entity is a party		15"000 rub.
- to which a foreign legal entity is a party		25 "000 rub.
11. Prenuptial agreement	500 rub.	10"000 rub.
12. Agreement on the payment of alimony	250 rub.	7"000 rub.
13. Gift agreement (except for real estate donation agreements)
children, spouse, parents, brothers, sisters	0.3% of the contract amount, but not less than 200 rubles.	8"000 rub.
other persons	1% of the contract amount, but not less than 300 rubles.	8"000 rub.
14. Contract for the gratuitous use of property (including an apartment)	500 rub.	8"000 rub.
15. Agreement for determining shares, including when registering an inheritance	500 rub.	5"000 rub.
16. Other contracts, the subject of which is subject to evaluation, if such certification is required in accordance with the legislation of the Russian Federation	0.5% of the contract amount, but not less than 300 rubles. and not more than 20 "000 rubles.	8"000 rub.
17. Agreements on amendments to the contract, termination of notarized contracts:
a) an agreement on the alienation, pledge of a share or part of a share in the authorized capital of the company, shares:	200 rub.
- the parties to which are natural persons		10"000 rub.
- to which the legal entity is a party		15"000 rub.
- to which a foreign legal entity is a party		25 "000 rub.
b) contract of alienation, pledge of shares:
- the parties to which are natural persons		10"000 rub.
- to which the legal entity is a party		15"000 rub.
- to which a foreign legal entity is a party		25 "000 rub.
c) other contracts		7"000 rub.
18. Consent, obligations, waivers and notices:
Consent of the spouse, including the former, to transactions with real estate and other property	500 rub.	700 rub.
Consent of the former owner to transfer his telephone number to the new owner of the apartment
Consent from the residents of the apartment to conclude an agreement for the gratuitous use of the apartment with a third party
Consent to temporary registration in a citizen's apartment
The obligation of family members of the owner to remove them from the register in the event of the alienation of the apartment or the imposition of a penalty on it (under mortgage agreements for apartments)
Unilateral obligation from the perpetrator to compensate for damages in case of an accident
Unilateral obligation from the debtor to repay the debt
The obligation of the purchaser of an apartment in which an unauthorized redevelopment has been carried out to obtain, at his own expense, a permit for redevelopment or bringing the premises to its original state
Waiver of preemptive right to purchase
Refusal to participate in privatization
Notification of the receipt of indemnified damage in an accident and the absence of claims
Consent of parents to travel of minor children unaccompanied by parents	200 rub.	1"000 rub.
Consent of parents to establish custody of minor children, declaration of minor children as fully capable
Consent of parents to state registration as an individual entrepreneur of a minor citizen
19. Powers of attorney:
1) For certification of powers of attorney for the right to use and (or) dispose of vehicles:
a) from citizens:	250 rub.	800 rub.
	250 rub.	800 rub.
- to other persons	400 rub.	800 rub.
	400 rub.	1"300 rub.
2) For certification of powers of attorney for the right to use and (or) dispose of property, with the exception of vehicles:
a) from citizens:	100 rub.	800 rub.
- children, spouse, parents, brothers, sisters	100 rub.	800 rub.
- to other persons	500 rub.	800 rub.
b) from representatives of legal entities	500 rub.	1"300 rub.
3) Other powers of attorney:
a) from citizens:	200 rub.	1"000 rub.
b) from representatives of legal entities	200 rub.	1"500 rub.
4) In order of subordination:
a) from citizens:	200 rub.	1"300 rub.
b) from legal entities	200 rub.	1"500 rub.
20. Wills	100 rub.	1"400 rub.
21. Orders:
- cancellation of a will	500 rub.	1"000 rub.
- cancellation of power of attorney	500 rub.	1"000 rub.
22. Acceptance of a closed will	100 rub.	900 rub.
23. Opening of an envelope with a closed will and announcement of a closed will	300 rub.	2"000 rub.
24. Applications:
- on acceptance, issuance of inheritance	100 rub.	800 rub.
- refusal to accept inheritance	100 rub.	800 rub.
25. Issuance of certificates of the right to inheritance by law and by will:
children, spouse, parents, siblings	0.3% of the value of the inherited property, but not more than 100,000 rubles.



other heirs	0.6% of the value of the inherited property, but not more than 1,000,000 rubles.	- for unreceived pensions 100 rubles.
		- for cash deposits 1 "000 rubles.
		- for real estate 5 "000 rubles.
		- for the rest of the property 3 "000 rubles.
certificates issued to persons specified in paragraphs. 11.12 Art. 333.35 of the Tax Code of the Russian Federation, as well as on the property specified in paragraphs. 5,6,7,13 Art. 333.38 of the Tax Code of the Russian Federation	100% exempt on the basis of p.p. 11, 12 st. 333.35 of the Tax Code of the Russian Federation, p.p. 5,6,7,13 Art. 333.38 of the Tax Code of the Russian Federation	- for cash deposits 1 "000 rubles.
		- for real estate 5 "000 rubles.
		- for the rest of the property 3 "000 rubles.
26. Certificates of ownership of a share in property in common ownership of the spouses, acquired during marriage, incl. certificate of ownership in the event of the death of one of the spouses	200 rub.	- for real estate 5 "000 rubles.
	200 rub.	- for the rest of the property 3 "000 rubles.
27. Protests:
Protest of a bill of non-payment, non-acceptance and non-dating of acceptance and certification of non-payment of a check	1% of the unpaid amount, but not more than 20,000 rubles.	20"000 rub.
Maritime protest		30"000 rub.
28. Certification of authenticity of the signature:
on bank cards	200 rub.	1"300 rub.
on bank cards	(for signing)	(per card)
on applications for registration of a legal entity	200 rub.	1"300 rub.
on applications for registration of an individual entrepreneur	200 rub.	800 rub.
on applications to the tax authorities for entering information into the Unified State Register of Legal Entities, including in the event of alienation (pledge) of a share in an LLC	200 rub.	1"300 rub.
translator	100 rub.	600 rub.
on other documents of an individual entrepreneur	100 rub.	800 rub.
on other documents of legal entities	100 rub.	1"300 rub.
on other documents of legal entities	(for signing)	1"300 rub.
on the documents of citizens	100 rub.	800 rub.
29. Certificates of identity, including:
the fact that a citizen is alive	100 rub.	2"000 rub.
the fact that a citizen is in a certain place
identity of a citizen with the person depicted in the photograph
30. Certification of the decision of the governing body of a legal entity	3 "000 rubles for each hour of the presence of a notary at a meeting of the relevant body	3 "000 rubles for each hour of the presence of a notary at a meeting of the relevant body in the premises of the notary's office + 10" 000 rubles. for each hour of the presence of a notary at a meeting of the relevant body outside the notary's office
31. Acceptance of money or securities as a deposit (except for the case specified in clause 31.1. of these Tariffs):
- in case of bankruptcy, liquidation of the organization, as well as in case of redemption of shares	0.5% of the accepted amount of money or the market value of securities, but not less than 1,000 rubles.	10,000 rubles for each creditor, with the number of creditors contributed at a time not exceeding 10;
		1,000 rubles for each creditor with more than 10 creditors contributed at a time
- in other cases		10"000 rub.
- in other cases		(for each creditor)
31.1 Acceptance of monetary amounts as a deposit of the notary who certified the transaction in order to fulfill obligations under such transactions	1"500 rub.	10"000 rub.
32. Document storage	20 rub. for each day of storage	100 rub.
32. Document storage	20 rub. for each day of storage	(for each day of storage)
33. Making an executive inscription	0.5% of the amount collected, but not more than 20,000 rubles.	- 2 "000 rubles for each executive inscription in relation to movable property;
33. Making an executive inscription		- 10 "000 rubles for each executive inscription on the mortgage agreement
34. Certification of the time of presentation of the document	100 rub.	2"000 rub.
35. Submission of documents for state registration of rights to real estate and transactions with it	1"000 rub.	not charged
36. Consultations (consultations regarding the performed notarial act are carried out free of charge)		1"000 rub.
37. Other notarial acts	100 rub.	700 rub.
38. Legal assistance outside the premises of a notary's office when notarial acts are performed, excluding transport costs:
a) at the location of the citizen or legal entity:
- for individuals		5"000 rub.
- for legal entities		10"000 rub.
b) for non-transportable disabled people of groups 1 and 2		2"000 rub.
c) for non-transportable invalids of the Great Patriotic War and participants of the Great Patriotic War, Heroes of the USSR and Heroes of the Russian Federation		not charged
39. Certification of the accuracy of copies of documents (except for constituent documents), as well as extracts from documents	10 rub. per page copies of documents or extracts from them	50 rub.
	10 rub. per page copies of documents or extracts from them	(per page)
40. Certification of the accuracy of copies of constituent documents (charter, constituent agreement), including amendments to constituent documents	500 rub. regardless of the number of pages	not charged
41. Extract from the register on the performance of a notarial act	100 rub.	500 rub.
42. Transfer of applications:
a) personally by a notary	100 rub.	5"000 rub.
b) by mail, as well as by e-mail using a notary's EDS	100 rub.	2"000 rub.
Certificate of transfer of the application	100 rub.	600 rub.
43. Issuance of duplicate documents	100 rub.	3"000 rub.
44. Providing evidence	3"000 rub.	3 "000 rubles for each page of the descriptive part of the protocol + 100 rubles for each page of the application
45. Requests to various institutions and organizations, individuals, notaries		300 rub.
		(per request)
46. Taking measures to protect the inheritance, incl. inventory	600 rub.	5"000 rub.
	600 rub.	(per hour of work)
47. Issuance of documents from the archive of a notary (with the exception of documents at the request of notaries and judicial authorities):
a) with updated information about the requested document	10 rub.	600 rub. + 50 rub. per page copy or
b) without specifying information about the requested document	(per copy page)	700 rub. for checking the volume of documents in the archive for a period of 1 month, but not more than 7,000 rubles per request
48. Technical work on scanning and generating an electronic form of documents to be transferred using EDS:
- on applications related to amendments to constituent documents		5"000 rub.
- on applications not related to amendments to the constituent documents		700 rub.
49. Registration of notice of pledge of movable property:
a) in electronic form	600 rub.	not charged
b) on paper		200 rub.
b) on paper		(per notification page)
50. Issuance of an extract from the register of notifications of pledge of movable property	40 rub. for each page of the extract within the first - tenth pages inclusive, 20 rubles. for each page of the statement starting from the eleventh page	200 rub.
		+
		40 rub. for pages 1 - 10
		10 rub. per page, starting from the 11th
51. Certification of the equivalence of a document on paper to an electronic document, an electronic document on paper	50 rub.	not charged
	(for each page of a paper document)	not charged

Note:
1) For notarial acts performed outside the premises of the notary's office, the notary fee is charged at one and a half times. A departure fee is charged.
2) The benefits provided by the legislation on taxes and fees are provided subject to the presentation of relevant documents.
When charging fees for legal and technical work, benefits are not provided.
3) If more than 2 representatives are indicated in the power of attorney, the cost of legal and technical work increases by 100 rubles. for each subsequent representative. If more than 2 accompanying persons are indicated in the consent for the departure of a minor child abroad, the cost of legal and technical work increases by 100 rubles. for each subsequent accompanying person.
4) If the text of the will, power of attorney, consent, statement (excluding the certification inscription) is set out on more than one page, the cost of legal and technical work is charged for each page of the document.
5) When issuing a certificate of ownership of a share in the common property of the spouses for several objects of property in one certificate, the cost of legal and technical work is summed up for each object of property.
When issuing one certificate of the right to inheritance for several deposits and compensation for several deposits, legal and technical work is charged in the amount of 1000 rubles. for the evidence.
6) When issuing a certificate of the right to inheritance at the request of the heir to several objects of inherited property in one certificate, the cost of legal and technical work is summed up for each object of property.
When issuing one certificate of ownership of a share in the common property of the spouses for several deposits and compensation for several deposits, legal and technical work is charged in the amount of 1000 rubles. for the evidence.
7) For the technical production of copies of documents for legalization (reprinting), the cost of technical work in the amount of 200 rubles is charged. per document page.
8) Legal and technical work for draft agreements (including preliminary ones) for the alienation and pledge of shares in the authorized capital of an LLC is charged in the amount of 10,000 rubles. If the specified contract is subsequently concluded at the same notary, the above-mentioned amount paid is included in the cost of legal and technical work under the contract.
9) When preparing documents, Times New Roman font, size 12-14, single line spacing is used. The dimensions of the margins of each sheet of the document, issued both on the form and without it, must be at least 12.7 mm.

The procedure for registering the purchase or sale of an apartment is associated with many legislative nuances, and implies the passage of several stages of the transaction, and, accordingly, the involvement of the services of various legal entities.
At the same time, many buyers and sellers are concerned about the question "how much does it cost to buy and sell an apartment." You can get an answer to this question only if you have a clear idea of all the upcoming transactions of the transaction. The procedure for registering the sale of housing has a certain well-established structure based on established laws.

Registration procedure

The preparatory period, which is not related to paperwork, but is a starting mechanism, can be considered the beginning of the process of buying and selling a dwelling. We are talking about the initial search for a suitable option as a purchase, or bringing the property offered for sale to the appropriate selling parameters.

Further actions of the buyer are aimed at finding out how the chosen option of the apartment is legally clean. Usually real estate agencies or notary offices deal with this issue.

The seller of an apartment may also need an agency service in order to create advertising, search for a buyer and competently complete the transaction.

If an agreement is reached between the buyer and the seller, there is a transition to documenting the transaction. After collecting and examining the package of necessary documents, the contract is executed.

In the process of collecting the necessary documentation, the largest percentage of the collected papers falls on the share of the seller. After checking the housing for various legal aspects, and confirming the possibility of processing the transaction, two types of contract are concluded - preliminary and main sample.

A preliminary document is not concluded in all cases, but only at the request of the participants in the transaction in order to increase the degree of its reliability. In the case of registration of such a paper, it prescribes the amount of the received deposit or the amount of partial repayment of the cost of the object being sold.

The main contract is issued after notarization to both parties. It contains basic information about the property and the nature of the transaction.

Package of documents

To complete the transaction, each party provides a package of documents. Common, of which are passports, identification documents and executed contracts, which also have their own cost.

As a result, the following types of documents must be submitted:

passports of the buyer and seller and a copy of all passport pages for the seller of housing;
a document certifying ownership of the dwelling by the seller - usually a certificate of registration;
documentary confirmation of the legality of the purchase of housing for the seller - the original contract of sale, a certificate of inheritance of housing or its allocation in court;
passport on cadastral registration from the BTI for the seller;
technical passport for the apartment, issued in the BTI;
for citizens who are married, a certificate of marriage;
for divorced citizens, a certificate of divorce;
widows and widowers must provide a certificate of death of the husband (wife);
receipts issued for the payment of state duty;
a document from the tax authority in the event of the sale of a donated or inherited apartment;
certified personal account data and a document confirming the absence of utility debts from the owner of the apartment (more details:);
a document certified by a notary on the consent of the spouse to conduct a sale and purchase transaction, if the property is recognized as jointly acquired in marriage;
a certificate issued in the passport office, in form No. 9, about citizens registered in the apartment for sale.

All documents are provided in the original and copied version. When making a transaction, the main contract is drawn up in the amount of three copies and is handed over to the buyer, seller, and transferred to the archive of the registration office.

Also, in the amount of three copies, an act on the transfer of ownership of housing is drawn up, which serves as an addition to the main contract.

How much does it cost to purchase an apartment

Making the purchase of an apartment is associated with certain costs, including payment for the services of a notary office and a real estate agency.

The cost of registering the purchase and sale of an apartment through a realtor will be about 3% of the total price of the object being sold. When contacting a notary, when paying for services, the price level of housing will be taken into account.

To understand how much it costs to arrange the purchase and sale of an apartment, you should focus on the following calculation system:

the price of housing is less than 1 million - payment from 300 rubles. up to 11 thousand rubles,
housing costs from 1 to 11 million - you will have to pay no less than 15 thousand,
expensive housing from 11 million implies a payment in the amount of 16 thousand rubles or more.

The total amount includes the costs of working with a package of documents and the cost of the contract for the sale of an apartment.

Price of legal support

In the case of participation of a lawyer in the process of a property purchase and sale transaction, the price of such support may fluctuate within from 10 to 50 thousand rubles. The difference in the price index depends on the number of services rendered. Traditionally, a lawyer draws up a transaction agreement, an agreement on the deposit made, and prepares an act on the transfer of rights to property. Additionally, agreements on the lease of a cell in a bank and a document on the received advance can be drawn up.

The lawyer checks the possible risks, and, upon request, can go to the bank at the time of laying the amount of money in the cell.

Registration of a transaction with a notary - is it expensive?

Despite the fact that a notary transaction is not a mandatory procedure, many buyers turn to a notary office for help. This is due to the desire to ensure the safety of the process.

First of all, the notary listens to the wishes of the parties and advises on existing issues. Based on the requirements presented, a decision is reached that suits both parties.

The notary must carefully check all the submitted documents, including the power of attorney, if any.

Registration of the transaction begins with the signing of a preliminary agreement, which specifies the terms and conditions of its implementation. The agreement is signed by both the buyer and the seller. Further, the main contract is signed, which is certified by a notary. After signing this document, the registration of the right to the housing property of the new owner takes place.

The duties of a notary include a number of legally binding transactions. Such as:

Full verification of the submitted packages of documents. Particular attention is paid to the authenticity of the identity document of the seller or buyer;
Notarization of the transaction;
Determining the capacity and sanity of all participants at the time of the transaction;
Confirmation of the legality of what is happening;
Submission and issuance of documents for state registration;
Allocation of a share in a residential facility;
Execution of documents for the housing to be sold, allocated by the right of guardianship;
Implementation of the alienation of housing owned by a person who has not reached the age of majority;
Alienation of living space of persons recognized as partially or completely incompetent;
Drafting and execution of a preliminary sample agreement;
Work with a package of documents of the owner and the buyer;
Certification of the consent of the second spouse to the transaction;
Consideration and confirmation of documents of guardianship and guardianship authorities issued to a minor;
Work with extracts containing information about all persons who have a residence permit in the premises for sale;
Consideration of certificates of the absence of utility debt;
Confirmation of the fact of acquiring housing with maternity capital, providing a copy of the document and a bank statement;
Consideration of credit history according to the available copy of the agreement with the bank for the issuance of funds for the purchase of real estate.

Now the most interesting thing - about the prices for notary services!

If the transaction is between relatives: services provided to husband, wife, children, parents or grandchildren - 3,000 rubles + 0.2% of the transaction amount. The total amount can be up to 50,000.

Outsiders:

Transaction amount - up to 1 million rubles - 3,000 rubles. + 0.4% of the total.
The amount of the transaction is from 1 to 10 million rubles - 7,000 rubles. + 0.2% of the total amount.
The transaction amount is from 10 million rubles - 25,000 + 0.1% of the total cost.
When calculating the final cost of registration, the following is taken into account: the cost of drawing up a contract - from 2,000, certification of the contract - from 7,000 to 100,000, the act of transfer and acceptance - 1,000 Russian rubles as of 2019.

Notarial registration of the transaction helps to avoid many problems and increases the percentage of its reliability.

Realtor services

Often, when buying and selling a home, you have to resort to the help of real estate agencies. The realtor takes care of many issues that arise during the transaction. It carries out:

An advertising campaign aimed at finding a buyer or seller of real estate;
Conducting a pre-sale showing of housing;
Drawing up a list of required documents;
Clarification of issues related to privatization;
Determining the conditions and terms for paying the cost of housing, indicating the currency;
Preliminary preparation of a package of documents;
Drafting of all types of sales contracts;
Registration of signed contracts in Rosreestr;
Receiving money from a bank cell;
Solving all issues related to the deregistration of the former owners of the apartment;
Registration of the entry into the ownership of the new owner.

Services of a realtor when making a purchase and sale - 30 - 50 thousand rubles. The price of one trip to support the transaction can be 5 thousand rubles, but in many cases the trip will be free, this is negotiated individually.

Additionally, at the request of the parties to the transaction, the realtor may carry out other legal operations.

The amount of the state duty

According to, the amount of the state duty for persons carrying out the transaction is set at 2 thousand rubles. With a share purchase option, the payment of state duty is charged to each shareholder. In case of urgent paperwork, the state duty is paid at a double rate.

Provided free of charge:

Purchase and sale agreements and certificates of inheritance law confirming the fact of the purchase of housing by the seller;
Extract from the USRR or USRN on ownership.

Also, upon request, a general passport and a residence permit are provided free of charge.

Purchase and sale agreement - the cost of drafting and registration

Drawing up and registration of a purchase and sale agreement is paid in the amount of 2 to 3 thousand rubles when contacting a notary. The cost of drawing up the contract is calculated at the rate of 1% of the total cost of the apartment.

If the housing is valued within the range of 1-10 million, the conclusion of the contract will be 10 thousand rubles plus 0.75% of the transaction amount. The cost of registering the contract will cost about 5 thousand rubles. For persons of a pension age there is a system of discounts.

Other processing costs

Additionally, the buyer can pay for the following types of documents:

Certificate from the BTI - 500 rubles;
Certificate of conformity of the address - 500 rubles;
Apartment appraisal - 1300 rubles;
Legal confirmation of redevelopment - about 30 thousand rubles;
Rent for a safe deposit box - from 3 to 5 thousand rubles;

If you seek help from a realtor on the collection of the necessary certificates, you will have to pay for this service.

Depending on the number of required documents and the types of services provided, the costs of registering the purchase and sale of an apartment can vary significantly. Some real estate companies offer ready-made packages for completing a transaction at a price of 10 to 50 thousand.

As a result, the total cost of completing a transaction can range from 10,000 to 150,000 rubles. The minimum amount will be obtained if you act on your own to the maximum, but in this case, the risks of doing something wrong and losing even more increase!

The costs in the process of a purchase and sale transaction have a considerable monetary indicator, but in the end, each participant achieves the goal and receives satisfaction from the final result.

Hello. In my articles, visitors constantly write in the comments that the employees of the MFC or the Registration Chamber did not accept the usual contract for the sale of an apartment from them and demanded it in a notarized form. Usually employees are right, but sometimes they are still wrong. Therefore, I published this article so that you can figure out whether a notary is required in your case or not. In general, it all depends on the situation of the sellers of the apartment. That is, it doesn’t matter how many buyers there will be, whether there is a minor among them, whether they are relatives of the seller, whether they take an apartment on a mortgage / on mat.kapital or for cash, etc. What matters is the ownership of the apartment.

In these cases, a notary is required

When the apartment is owned by several owners by shares(apartment in shared ownership) - a notary is required
When an apartment is in shared ownership with several owners, then in order to buy and sell such an apartment, you must first certify the contract with a notary. It does not matter how many owners, how many buyers, whether the buyers are relatives or not, whether an apartment is bought with a mortgage or for cash, etc. Remember - if shared ownership - we turn to a notary, where he: 1) will draw up a contract of sale; 2) notarize it; 3) submit documents to Rosreestr for registration of the transaction.

To be more precise, with shared ownership, each owner sells his share. The contract specifies all the shares of the apartment, so it turns out that the whole apartment is for sale.

Show example
Ivan and Daria have an apartment and each has a 1/2 share. This is a shared property. They decided to sell their apartment to Vladimir; each sells his share in the form of the whole apartment. And since it is in shared ownership, then a notary is required. And it does not matter how many owners, how many buyers, whether the buyers are relatives or not, whether an apartment is bought with a mortgage, etc.
The apartment has minor owners - a notary is required
In general, for the execution of any alienation transaction in which minor owners participate, a notarized contract is needed (clause 2 of article 54 of Federal Law N 218-FZ). Therefore, for the sale of such an apartment, it is necessary to certify the contract with a notary.

Show example
The Ivanov family consists of 3 people: spouses Peter and Maria; their son Sasha, who is 4 years old. All of them are apartment owners. If they want to sell their apartment, then they need a notarized contract of sale, because. one of the owners (sellers) is a minor Sasha.

Do you think that you can bring your contract of sale to a notary to have it certified? And here it is not. In practice, all notaries refuse to certify contracts that were not drawn up by them. They themselves draw up a contract and certify it themselves, "foreign" contracts do not accept.

In other cases, a notary is not required.

These are the cases:

if the apartment is owned by one owner;
if the apartment is jointly owned.

And it doesn’t matter how many buyers there are, whether there are minors among them, whether they are relatives of the seller, whether they take an apartment on a mortgage / on mat.kapital or for cash, etc. What matters is what I said above.

At the request of a notary, you can certify the contract of sale, even if this is not necessary. This is usually done when the owners or buyers are afraid that someone will want to challenge the contract. In this case, the notary will be able to act as a guarantor that the actions of the participants in the transaction were conscious and voluntary. I inserted a link to how the contract of sale of an apartment is certified by a notary.

A notarial transaction is a legal operation that is carried out in the prescribed form. What does this mean? Transactions for which, according to the legislation, a notarial form of their execution is established, are subject to this procedure.

In more detail, we will dwell on a detailed consideration of the concept of a notarial transaction. We will also talk about the sale and purchase of real estate, about the possible risks during registration.

Mandatory notarial deeds

This form of documents is required in the following cases:

Any transactions that are carried out with real estate. In this case, the property must belong to the seller or donor. The exception is the property included in the mutual investment fund. Another exception is registration for the alienation of land shares.
Procedures that are related to the disposal of real estate under the conditions of guardianship.
Any transactions involving the sale of real estate owned by a minor citizen or an incompetent person.

More about deals

So, in this regard, we are talking about the following options for transactions:

Gift or sale of any share to the owner. When donating, the person to whom it is given must pay a tax of thirteen percent. This rate is valid for residents. As for non-residents, they pay thirty percent of the market value of the share that was donated. In the event that the alienation is carried out according to the document of sale, the relationship with the tax authority arises directly from the seller.
Gifting a share to a third party. The consent of the co-owners in such a situation is absolutely not required. But the notary will check whether the transaction is feigned. For example, he may reject a donation of a small share as a sham transaction in order to avoid the need to receive a waiver of the co-owners' rights to the priority purchase of the alienated share.

Purchase and sale of a share in favor of an outsider who is not a co-owner. Alienation in this situation is carried out on the condition that absolutely all co-owners have refused to acquire the alienated share and have done this in a notarial form. At the same time, refusals are accepted from all co-owners according to an extract from the unified real estate register.

Purchase and sale of real estate: notarial transaction

The price of real estate implies the obligation of the buyer to verify the purity of the transaction. As part of the implementation of such a check, information is requested from a single register. A list of persons who are registered in a house or apartment is also established. In addition, the eligibility of the seller and other aspects are checked. Further, both parties must agree on a price and only after that proceed with the preparation of documents for a notarial transaction for the sale of real estate.

How much prior agreement is needed?

Before signing the main agreement, the parties have the right to draw up a preliminary agreement, which will contain the conditions for the subsequent conclusion of the forthcoming transaction. This stage, in addition, involves the preparation of a set of papers necessary for notarial support. It should be said that, as a notarial transaction, the sale of real estate shares must also be formalized.

And the deposit?

Often at this stage, the buyer makes a deposit. They arrange the deposit of security in various ways, sometimes it happens in the form of a preliminary contract. The Court is not unanimous as to whether it is permissible to do so. For this reason, in order to avoid unnecessary disputes, it is best to draw up a deposit in a separate order. Notarial transactions with shares must be executed in the appropriate manner. This was legally approved by the Federation Council.

It is important to note that in the event that the term of the main document expires, and the procedure for returning the deposit is still not established, then the buyer will have to return his money through the courts. Another option is to force the conclusion of a basic contract.

Help from a specialist

The next step is to draw up the main agreement by a notary. Both parties have the right to check the text of the agreement, and, if necessary, to make their own corrections to it. Particular attention should be paid to the liability that exists for violation of established obligations. These obligations lie in the fact that the functions of a specialist in the framework of a notarial transaction for the sale of an apartment or other real estate are reduced to ensuring that the agreement complies with the requirements of the law and is not canceled by the court in situations where it is challenged.

Who pays for the deal?

The contract should determine who pays for the notarial transaction when selling real estate. Spending is determined according to the agreement of both parties. The payment for these services can be distributed evenly or completely shifted to the buyer.

The parties sign the contract in the presence of a notary. After that, the contract with a package of documents is sent for state registration. Some notaries offer services for sending a package of documents in electronic form on their own. This approach saves significant time for both parties by reducing the time it takes for the registry to process the request.

What documents are required for a real estate agreement?

The following papers may be required to notarize a transaction:

Preliminary agreement, which will include the main terms of the transaction.
All documents for real estate, on the basis of which the seller received the right of ownership, for example, a certificate and an extract from a single register.
The consent of the spouse to the sale, as well as to the purchase by the one who intends to purchase the property.
Permission from the guardianship authorities in the event that the owner of the property is a minor.
Papers that confirm the receipt by the co-owners of offers to sell the share. This is true if the transaction involves shared ownership.
Information about the persons who are registered in this apartment or house, as well as the house book.
A document that will confirm the absence of any debt for utilities.
Mother's certificate along with an extract from the personal account of its owner. This is required in cases where family capital funds are used.
Credit, as well as mortgage agreements in the event that borrowed funds are used.
Certificates and agreements within the framework of the use of budgetary funds.

All of the above options for documents must be provided in copies, as well as in originals to certify the authenticity of a notarial real estate transaction.

Notarial registration: risks

Despite the notarization procedure, both parties still have some risks. The point is that the process of registration of a notarial transaction for the purchase and sale of an apartment or other real estate is limited to drawing up a contract, which is difficult to recognize as contradicting the current legislation. But the wording used is far from always successful from the point of view of the documentary security of the parties.

One of the risks is the lack of an established order in the calculations. This aspect is extremely important, since the value of real estate is always very high. Directly, the settlement procedure actually determines which party is responsible for the funds. In the event that the standard phrase is indicated in the text of the document: “settlements between both parties were made in full before the conclusion of the contract”, risks may arise for the seller.

In a situation in which the money is not actually paid, and the transfer of ownership is registered, the buyer has the right not to pay the seller, as he has already received the property, and according to the concluded agreement, he has already paid absolutely all the money for it.

Another risk is the fact that there is no deed of transfer along with its inclusion in the text of the contract, while the actual transfer of real estate is carried out after the completion of registration actions. In such a situation, there is a risk of damage to the property, which is borne directly by its buyer. He can no longer make any demands on the quality of the purchased object due to the fact that, by signing the contract, he accepted the object.

Unforeseen difficulties

The next risk is the imperfection of the notarial procedure itself. This minus consists in the fact that when certifying the transaction, the parties remain alone with the notary. The presence of other consultants is often not welcomed or even approved. As a result, all this leads to the fact that the conditions agreed upon by both parties do not change for the better. As a result, the purchase and sale of real estate through a notary does not at all facilitate, but, on the contrary, significantly complicates the life of both the seller and the buyer.

And finally, the last risk lies in the errors in the agreement made by technical specialists, who are mainly notary assistants. Due to the presence of any errors, such an agreement simply will not pass further state registration.

Thus, notarization is necessary when making transactions with shares, and in addition, with the participation of minors and guardians. In other situations, notarization is carried out exclusively at the personal request of all parties to the agreement. The cost of such a service directly depends on the price of the document, in addition, it includes payment for technical services. The transfer of property rights according to a document certified by a notary takes a small amount of time, but does not guarantee the absolute frequency of the transaction, since there are always risks that must be taken into account before signing documents so that you do not have to go to court later.