Signs and superstitions 

Registration of an apartment with a notary: a necessary measure or unnecessary expenses. Cost of the apartment purchase and sale agreement

When concluding a transaction, many citizens believe that registering the purchase and sale of an apartment with a notary is optional. Civil code The Russian Federation does not indicate whether a notary is needed when concluding an agreement, but a certified certificate has an impressive number of advantages. Moreover, in accordance with current amendments to the legislation, housing that is located in shared ownership, can only be implemented with notarization of the purchase and sale agreement.

Regulatory framework

Previously, certification of the contract by a notary when selling an apartment was mandatory for the sale of an apartment, but after the entry into force of the second part of the Civil Code of the Russian Federation, the decision is made by the seller. In 2019, the procedure for concluding transactions for the sale of real estate is regulated by Article No. 550 of the Civil Code of the Russian Federation. The provisions of the code provide that the purchase and sale agreement must be drawn up in writing, while notarization is optional. Checking the contract for legitimacy by a notary will help avoid unwanted legal consequences. Purchase and sale transactions, which are supported by notarization, have greater legal weight.

Important! Contacting a notary is mandatory if the corresponding requirement is specified in the text of the purchase and sale agreement. Is it possible not to register property rights in the State Register without a certificate? Yes, the contract will be cancelled.

The duties of a lawyer include:

  • verification of the identity of both parties;
  • checking the ability to work of persons;
  • explanation of key provisions of the agreement;
  • assistance in drafting the text of the agreement;
  • storage of data in a notarial archive (period - 75 years).

Before completing a transaction, you must provide the notary with all the necessary documentation in advance. It is worth noting that the paperwork must be completed in the physical presence of both parties. The notary must explain the legal consequences of his actions. A lawyer has the right to refuse to formalize a transaction if he doubts its legal purity.

The information that was entrusted to the lawyer during the conclusion of the transaction is confidential and therefore not subject to disclosure. A notarized agreement is certified by the State Registration Authority.

All of the above rules apply to both public and private notaries. The legal force of the document does not depend on the status of the specialist. The only condition is to obtain a license to conduct notarial activities.

Cost of services

Citizens who turn to a notary when alienating property must pay a notary fee. The notary fee is fixed at 3,000 rubles. In addition, an additional 0.4% of total cost apartments, however, the total amount of the tariff cannot exceed 50 thousand rubles. The interest rate is reduced to 0.2% when:

  1. The buyer is close relative seller.
  2. The total transaction amount exceeds 1 million rubles.

Read also Necessary documents to obtain permission from the guardianship authorities to sell an apartment

The apartment can also be sold at a price above 10 million rubles. In this case, the tariff is reduced to 0.1%, while the fixed cost of notary services increases to 25 rubles. The maximum cost of services in in this case is 100 thousand rubles, and the total transaction amount cannot be lower than 75% of the cadastral value of the apartment.

Documents

When registering the purchase and sale of an apartment from a notary (2017), you must first submit the following list of documentation:

  • a document that certifies ownership of a specific property;
  • registration certificate of the apartment (it can be issued at the BTI or IEC);
  • extract from the State Register;
  • application for alienation of property;
  • paper on expert assessment of the cost of the apartment;
  • certificate of marital status both sides;
  • certificate from the guardianship authority (if the owner of the apartment is a minor).

Regarding the last point, it is also necessary to include a birth certificate in the documentation package. In the process of drawing up a contract for the sale and purchase of an apartment, a notary may require that parents present their passports and TIN.

Important! Notarization of contracts for the sale of an apartment, the owner of which is a minor child, is issued only after obtaining the consent of both parents. The contract itself must be signed by one of the adults.

If you are going to buy or sell property legal entity, then you will additionally need the company’s statutory documentation, as well as a power of attorney certified by a notary, which certifies the rights of the authorized person. In addition, a protocol on the meeting of the persons involved in the establishment of the organization may be required.

Despite the fact that selling an apartment through a notary will help to avoid negative legal consequences, the procedure also has its pitfalls, because some would-be specialists do not want to protect the legitimate interests of ordinary citizens.

The most common scheme is the execution of a fake power of attorney with persons who are not the owners of the property. The buyer must familiarize himself with the notarized power of attorney of the authorized person, however, it is recommended that the purchase and sale agreement be concluded directly with the owner of the apartment. If physical presence during registration is impossible, then it is worth at least meeting him in person to verify the authenticity of the guarantor’s power of attorney.

Current amendments to legislation

Regarding whether it is necessary to have a contract certified when selling property that is in shared ownership, since 2017 notarization is mandatory. This amendment to the legislation increased not only the cost of selling real estate in shared ownership, but also forced realtors to increase the cost of their services. If a purchase and sale agreement is concluded without a notary, then Rosreestr will simply not provide the rights of the owner to the buyer, and the transaction will be invalid.

The purchase and sale of an apartment is one of the main civil law transactions. Our clients have the opportunity to draw up an apartment purchase and sale agreement on the most convenient terms for themselves.
Recent changes in legislation have made notary services when registering the purchase and sale of an apartment even more accessible:

  • interest rates for notarization of an apartment purchase and sale transaction have been significantly reduced;
  • At the client’s request, payments between the Seller and the Buyer can now be made using a notary’s deposit account, and there is no need for a safe deposit box;
  • the period for state registration has been significantly accelerated in the case when a notary transfers the client’s documents to Rosreestr;
  • there is the possibility of compensation to citizens for damage caused by erroneous actions of a notary.

Additional convenience is provided by the fact that everything necessary services the notary provides in a “one window” mode, and also issues notarial guarantees of those rights that are acquired by the owners.

Transactions for the purchase and sale of shares in an apartment now require mandatory notarization.

Legislation is constantly changing and improving, and since 2016 the list of transactions that must mandatory obtaining certification from a notary has expanded significantly. The purchase and sale of a share(s) of an apartment is also included in this list. Such a transaction can be completed no earlier than a month after the seller notifies all other owners who own the corresponding shares of the apartment. If the seller wishes to complete the transaction before the expiration of the month, he must provide the notary with written refusals of all owners to purchase his share.

Buying and selling an apartment: a notary will help speed up the process significantly.

Buying and selling an apartment with the help of a notary takes just a few steps:

  • The notary is provided only with title documents and an extract from the house register (extended);
  • the notary independently orders an extract from the Unified State Register and cadastral passport with assessment;
  • an agreement is drawn up and signed;
  • The buyer deposits the required amount of money with the notary;
  • the notary registers the transaction in the Unified state register real estate;
  • The seller receives the amount of money due to him from the notary's deposit;
  • The buyer receives documents issued by Rosreestr confirming his ownership.

Features of settlement through a notary deposit

Payment through a notary's deposit allows you to reduce to zero any risks associated with transferring money when selling an apartment. It is much more convenient and reliable than payment by renting a safe deposit box. If the cell rental agreement is formulated carelessly, then sum of money may be “stuck” in storage for a long time. In addition, a safe deposit box gives rise to a lot of controversial situations in which it is almost impossible to determine exactly whose money is in it at a particular moment.

Payment through a notary's deposit is devoid of all these disadvantages, but it has many advantages:

  • the parties to the transaction do not need to transfer cash to each other;
  • the notary fee is much cheaper than renting a safe deposit box;
  • The payment scheme is extremely simple.

The notary is not the owner of the money that the buyer deposits on his deposit - he only manages it, and under the conditions that are fixed and approved by all parties to the transaction. These conditions can be stipulated either as a separate agreement or included in the purchase and sale agreement. A separate agreement is especially convenient when several people are involved in the transaction on one or both sides.

When paying through a notary deposit, the buyer can deposit money (in non-cash form) at any time convenient for him. If for some reason the transaction does not take place, the notary returns the entire amount to the buyer. Even if the bank in which the deposit account is opened goes bankrupt, this does not pose any threat, since this money is completely protected by law.

Currently, the parties to a transaction have the opportunity, after signing the relevant agreement with a notary, to no longer contact each other until the very signing of the housing acceptance certificate, since the notary himself can submit documents for state registration and transfer money from the deposit to the seller’s account. Moreover, documents for state registration of transfer of ownership can now be submitted to electronic form, which significantly speeds up the process of conducting an apartment purchase and sale transaction.

Legal support of an apartment purchase and sale transaction by a notary guarantees complete security.

The notary has a financial interest in ensuring that the transaction is carried out as correctly as possible, since he is responsible for the mistakes he makes with his own property. If his funds are insufficient, then the parties to the transaction can apply to the Compensation Fund of the Federal Notary Chamber, where they will be compensated for the damage caused. Thus, notary support provides very convenient and safe payment terms, and also fully protects each of the parties to the transaction from fraudulent activities. If a controversial situation does arise, then those circumstances of the transaction that have notarized confirmation do not need proof, and the process in court goes much faster, and the judge gets the opportunity to make an absolutely fair decision in favor of the injured party.

Have you decided to entrust a notary with a contract for the sale and purchase of an apartment, as well as provide notarial support for the entire transaction? Contact us! Our specialists will carry out the transaction as quickly and correctly as possible.

Tariffs under the contract of sale and purchase of apartments (shares)

Name of notarial act Cost of notarial action (notarial fee + UPTH (in rubles))
REAL ESTATE TRANSACTIONS:
There is NO charge for submitting an application for state registration of rights to the rights registration authority.
Agreement, the subject of which is the alienation of real estate: Note: In case of alienation of several real estate objects in one agreement - for each subsequent object, starting from the 2nd plus 1000 rubles. At the same time overall size UPTH under the contract cannot exceed 13,000 rubles.
a) not subject to mandatory notarization (Article 22.1 of the Fundamentals):
To spouses, parents, children, grandchildren:
- up to 10,000,000 rub. inclusive 3000 + 0.2% of real estate valuation (transaction amount) + 8000
- over 10,000,000 rub. 23,000 + 0.1% of the transaction amount exceeding RUB 10,000,000, but not more than RUB 50,000. + 8 000
To other persons:
- up to 1,000,000 rub. 3000 + 0.4% of the transaction amount + 8000
- from 1,000,001 rub. up to 10,000,000 rub. inclusive 7,000 + 0.2% of the contract amount exceeding RUB 1,000,000. + 8000
- over 10,000,000 rub. 25,000 + 0.1% of the contract amount exceeding RUB 10,000,000. + 8000, and in case of alienation of residential premises (apartments, rooms, residential buildings) and land plots occupied by residential buildings, the state duty amount is not more than 100,000 rubles.
Agreement, the subject of which is the alienation of real estate:
b) subject to mandatory notarization (Article 333.24 of the Tax Code of the Russian Federation): 		0.5% of the contract amount, but not less than 300 rubles. and no more than 20,000 rub. + 6000
Note: Non-year-olds are exempt from charging fees for property management services under agreements on the alienation of their immovable property, as well as when concluding an Agreement (agreement) on registration of residential premises acquired with the use of funds into shared ownership of parents and children maternity capital, in proportion to their participation in the agreement. In the case of alienation of more than 1 object in one contract, the cost of the UPTH will be 7,000 rubles and cannot be increased further.
Agreement on registration of shared ownership of residential premises purchased with Spanish ownership by parents and children. maternity capital funds 500+5000
Note: Non-year-olds are exempt from charging fees for UPTH upon concluding an Agreement (Agreement) on determining the size of shares in residential premises acquired at the expense of maternity capital, in proportion to their participation in the Agreement (Agreement)

Do you have any questions about notarization of real estate transactions or other documents? It took professional consultation an experienced notary? Contact us! We are always ready to help.

For our clients we are at as soon as possible we provide notarization the following types transactions: purchase, sale of apartments and other types of real estate, donation, pledge, exchange, rent.

Step #1 - First choose a notary

When making a purchase or sale transaction, you can contact any local notary at the location of the apartment, but within a subject of the Russian Federation - Art. 56 Basics about notaries. The list of subjects of the Russian Federation is indicated in Art. 65 of the Constitution. This means that if the apartment is located in Moscow or St. Petersburg, then you can contact any notary in Moscow or St. Petersburg. Because these two cities are considered separate subjects of the Russian Federation. In other cases, you can go to any notary of the region/territory/republic/district. For example, if the apartment is in Novosibirsk, then to any notary Novosibirsk region.

In my experience, the most important thing when choosing a notary is the service and service that he provides. Notary prices for all services are almost the same. Therefore, read the reviews - is the notary polite with clients, are his employees fast, are they ready to advise, etc. I advise you to focus on this, because since 2016, about 90% of real estate transactions go through notaries. Because of this, they have no problems with orders, so many stop monitoring the quality of their services, believing that there is still a lot of demand and people will come.

Stage No. 2 – Collecting documents

Documents are required in originals. It is better for owners (sellers) and buyers to contact a notary in advance and tell them the details of the transaction. The notary will listen and draw up the entire list necessary documents that will need to be collected.

Documents from owners (sellers)

  • Passports;

    If one of the owners is between 14 and 18 years old, then his passport and the passport of one of the parents (guardian, trustee) are needed. If under 14 years of age, then his birth certificate and the passport of one of the parents (guardian, trustee).

  • Certificate(s) of registration of rights or a paper extract from the Unified State Register of Real Estate about the property;

    These documents are needed to confirm ownership of the apartment. Registration certificates have been canceled and have not been issued since July 2016. But if you have a certificate that was issued before July 2016, then bring it.

    If there is no certificate, then a paper extract from the Unified State Register of Real Estate about the property will do. The property in this case is an apartment. The extract also confirms ownership, because it shows the owners of the apartment. Anyone can order it for 400 rubles. in the MFC or the Registration Chamber - instructions.

  • Foundation agreement;

    The foundation agreement is the agreement on the basis of which the owners own the apartment. If the apartment was purchased, then this is a purchase and sale agreement. If the apartment was inherited, then a certificate of inheritance. In case of privatization – a privatization agreement, etc.

  • Technical passport for the apartment for sale. You can order it at the BTI or at the MFC;
  • Notarized consent of the spouse to sell the apartment;
  • Extract from the house register. The second name is a certificate of registered persons in the apartment. How to order an extract from the house register.
  • Permission from guardianship authorities;

    If an apartment is being sold whose owners have minor children (under 18 years of age), then permission from the guardianship and trusteeship authorities (original and copy) is required for the sale. My colleague Elena wrote separate instructions on how to obtain this permission and what documents are required for this.

  • When a trusted person acts on behalf of the owners, then his passport and a notarized power of attorney. To have a power of attorney certified by a notary costs 1 - 2 thousand rubles.

Documents from buyers

Stage No. 3 – The notary certifies the purchase and sale agreement and submits it for registration

The notary will draw up the purchase and sale agreement in several copies, which the parties must sign in his presence. If one of the parties is under 14 years of age, then the contract is signed for them by their representatives (parents, guardians, trustees). When one of the parties is between 14 and 18 years old, he himself signs the agreement, plus one of his representatives (parents, guardians, trustees) signs the agreement. After signing, the notary will certify the agreement (certify the signatures).

The number of copies of the agreement depends on the number of participants in the transaction, plus one remains with the notary for the archive. For example, if there are 2 owners and 3 buyers, then there will be 6 copies. Each buyer will be given a certified contract on a special form with watermarks. The notary will issue certified contracts on plain paper to the sellers, and to himself for the archive.

According to the law, you can bring a ready-made purchase and sale agreement to a notary so that he can notarize it. But in practice, many (if not all) notaries simply do not accept the contract brought in and insist that they themselves will draw it up according to their own model. Therefore, try calling notaries first, maybe someone will agree.

IMPORTANT: Now the notary is obliged to submit the registration agreement HIMSELF, FREE OF CHARGE AND ON THE SAME DAY. This is already included in the transaction certification service. Notaries have such responsibilities since February 2019 on the basis of Art. 1 Federal Law dated 08/03/2018 N 338-FZ. This law excluded the notary's tariff from Art. 22.1 Fundamentals about notaries, and also added in the 2nd paragraph - the notary does not have the right to take money for additional legal services.

The notary will submit documents electronically. Then the transaction must be registered within one business day. If the notary does not have the opportunity to submit electronically, then he or his assistant must submit the documents in person to the Rosreestr office and within a maximum of 2 business days. The registration period will be 3 working days after submission. All this is indicated in paragraph 9 of Art. 16 of the Federal Law on Real Estate Registration of July 13, 2015 N 218-FZ.

The parties must pay the notary only the state fee for registering the transaction - 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). If a notary submits documents electronically, Rosreestr has established a 30% discount - you only need to pay 1,400 rubles. The state fee is paid by the donee, but in practice the notary doesn’t care who gives the money.

Service cost

I wrote a separate article about the cost of drawing up and certifying (certifying) an apartment purchase and sale agreement with a notary. Read it carefully to find out how much the contract will cost specifically in your case.

If you have questions, consult a lawyer for free. Fill out the form below or at

Notarization is required for transactions with shares, with the participation of minors, upon divorce and when concluding a transaction by guardians. In other cases, notarization is carried out at the personal request of the parties to the agreement. The cost of this service depends on the contract price, and a fee is also added to it technical services. The transfer of ownership under a contract certified by a notary takes less time than under a regular contract, but does not provide an absolute guarantee of the purity of the transaction

A notarized purchase and sale transaction (real estate) of an apartment is not always required. The law establishes a limited number of cases when the parties are actually obliged to carry out such a form. In other cases, contacting a notary is voluntary.

There are few transactions that require mandatory notarization. They relate to various areas of civil law relations. Thus, a notary is obliged to certify a marriage contract, will, and annuity. In relation to real estate, the following transactions can be distinguished:

  • relating to real estate in common shared ownership;
  • when a party acts;
  • real estate is divided by spouses upon divorce;
  • the property is managed by guardians or transferred to trust management.

There are some exceptions, for example when we're talking about about shares in the ownership of . In addition, there is no need to certify transactions that are aimed at alienating the property of a mutual fund.

In all other cases, a notarized agreement for the purchase and sale of an apartment is a personal initiative of the parties. The notary cannot refuse to provide this service; moreover, it is paid.

Pay attention! The difference between a notarial transaction and a simple written one is that the notary additionally checks the documents and powers of the parties. And this helps to maintain the legal purity of the transaction.

Deal Features

The value of real estate imposes obligations on its buyer to verify the purity of the transaction. As part of the inspection, information from the Unified State Register is requested, a list of persons registered in the house or apartment is found out (if we are talking about a residential property), the seller’s powers and other aspects are checked. The parties agree on the price and only after that begin to draw up an agreement.

Before signing the main agreement, the parties may enter into a preliminary agreement. It contains all the conditions under which the transaction will be carried out in the future. This stage also involves preparing a package of documents for notarial support of the transaction.

Very often at this stage the buyer makes a deposit. The deposit of security is formalized in different ways, sometimes within the framework of a preliminary agreement. The courts do not have a consensus on whether this can be done, so in order to avoid unnecessary disputes, it is better to draw up the deposit separately.

Pay attention! If the deadline for concluding the main contract expires and the procedure for returning the deposit is not established, then the buyer will receive his money through the court. Another option is to compel the conclusion of the main contract.

The next stage is the drawing up of the main contract by a notary. The parties can check the text of the agreement and make their own adjustments to it. Particular attention should be paid to liability for violation of established obligations: the functions of a notary in real estate transactions are limited to ensuring that the agreement complies with the requirements of the law and is not canceled by the court if it is challenged.

It is recommended in the agreement to determine who pays the notary when selling the apartment. Costs are determined by agreement of the parties. Payment for services can be distributed evenly or charged entirely to the buyer.

The parties sign the agreement in the presence of a notary. After which the agreement with a package of documents is sent for state registration. Some notaries offer services for sending a package of documents electronically themselves. This method of application significantly saves the parties’ time and reduces the period for processing the request by Rosreestr to a minimum.

Risks

Despite notarization, the parties still have risks. The fact is that registering the purchase of an apartment through a notary is limited only to drawing up an agreement, which would be difficult to recognize as contrary to the law. But the wording used is not always successful from the point of view of the contractual security of the parties.

The first risk is the lack of an established payment procedure. This aspect is very important: the cost of real estate is quite high. The order of settlement actually determines who is responsible for the money. If the text of the agreement contains the standard wording: “settlements between the parties are made in full before the conclusion of the contract,” the seller will face risks.

When the money is not actually paid and the transfer of ownership is registered, the buyer may not pay money to the seller: he received the property, and, according to the contract, paid money for it.

The second risk is the absence of a transfer deed and its inclusion in the text of the agreement, while the actual transfer of real estate takes place after registration actions have been completed. In this case, there is a risk of damage to the property, and it is borne by the buyer. He can no longer make demands on the quality of the purchased object, since by signing the contract, he actually accepted the object.

The third risk is the imperfection of the notarial registration procedure. It consists in the fact that when certifying a transaction, the parties are left alone with the notary. The presence of third-party consultants is not always welcomed, and sometimes even discouraged. All this leads to the fact that the conditions agreed upon by the parties change for the worse. As a result, buying and selling an apartment through a notary does not make life easier, but rather significantly complicates the life of the seller and the buyer.

The fourth risk is errors in the agreement made by technical specialists (notary assistants). Due to errors, such an agreement will not pass state registration.

Important! Check the contract and its terms for errors. Corrections can only be made through a notary or court.

Documents

The following documents may be required to register an apartment purchase and sale agreement with a notary:

  • a preliminary agreement containing the main terms of the transaction;
  • documents for the apartment (the document on the basis of which the seller acquired ownership of the apartment, certificate, extract from the Unified State Register of Real Estate);
  • spouse's consent to the sale;
  • spouse's consent to purchase;
  • permission from the guardianship authorities if the owner of the apartment is a minor;
  • documents confirming receipt by co-owners of offers to sell a share, if we are talking about shared ownership;
  • certificate of persons registered in the apartment and apartment card;
  • document confirming the absence of debt for public utilities;
  • maternal certificate and an extract from the personal account of its owner - for cases when family capital funds are used;
  • credit and mortgage agreements in case of use of borrowed funds;
  • certificates and contracts – when using budget funds.

Documents are provided in copies and originals for authentication.

Price

Knowing how much a contract for the purchase and sale of an apartment from a notary costs, you can prepare your budget for expenses, and they will be significant.

Table 1. Approximate cost of notary services

These rates are not final. They are only recommended by the Federal Notary Chamber. Each notary sets the final tariff himself. Don’t forget about technical work, that is, typing up a contract on a computer, printing and other similar services. The cost of these services ranges from 5-8 thousand rubles.

Thus, if an apartment costs 5.6 million rubles. and the agreement is concluded between third parties, then the cost of notary services will be approximately: 7000 + 0.2% × 5600000 +7000 = 25200 rubles.

If, in addition to the notary, realtors are involved in the transaction, they also receive a percentage of the value of the property. It is approximately equal to 5% of the cost of housing.

Registration of the transfer of ownership is paid separately. The registration fee is 2000 rubles.

Registration deadlines

The registration period depends on the method of application. The applicant can apply directly to Rosreestr, MFC, send documents by mail, via the Internet, or call a Rosreestr specialist to his place. Each of these methods has its own deadline. More details are shown in the table.

Table 2. Deadlines for registration actions

Thus, the period for registering a notarial agreement is almost half as long. For comparison: registering the transfer of ownership under uncertified contracts when applying to Rosreestr takes 5 days, for the MFC – 7.

Learn more about assurance in the video

Author: . Higher legal education: North-Western Branch Russian Academy Justice (St. Petersburg) Work experience since 2010. Contract law, tax consulting and accounting, representation of interests in government agencies, banks, and notaries.
September 28, 2017.