The sale is usually completed after the State registration of the right of ownership and full payment of the apartment; the buyer is now the full owner of the real estate and can use and dispose of it at his discretion; however, there are a number of mandatory actions to be undertaken after the receipt of the documents in hand.
The state registration of the new owner ' s right in the EGRN completes the registration of the dwelling. After State registration, the buyer receives the following documents from Rostreestra:
- In mid-2016, the statement replaced the usual certificate of ownership made on a special form; now the document is printed on paper, signed by an authorized official and sealed by Rosreestra; it has the same legal effect as the certificate.
- Sales contract with registration mark: This contract must be preserved as the basis for the acquisition of real property. The blue seal of Rosreestra contains the date and number of the State registration; this information will be useful in the future when the apartment is taken away.
- A transfer document or other transfer document if it was provided for in the contract.
If payment is made on the basis of a housing certificate, first order the bank to transfer the money to the seller ' s account.
How long it takes to keep the sales contract – it's recommended not to throw the contract away until at least when the next owner sells the apartment. You can learn about how to restore the lost contract here.
What do you have to do to sign off?
Before you register at a new address, you can check out the old apartment in the relevant passport table; this is not necessary because you can take off at the same time as you get a new registration card.
In order to register as a resident, it is necessary to:
- Find a passport table for the Russian OFMS at the location of the dwelling.
- If you are not registered from your previous place of residence, you must also fill in the lower part of the application for removal from the residence register.
- Give the passport officer a statement and documents.
- Wait for the application to be granted and get a prop.
The new owner may register himself and his family members.
Which documents need to be processed:
- Passport of a citizen of the Russian Federation.
- An extract from the EGRN on property rights.
- Exit sheet, if you have been discharged in advance from the previous address, if not, this document is not required.
- If family members are registered, children ' s birth certificates and marriage certificates will be required.
Registration at the place of residence takes three working days, depending on whether a citizen has to be removed from the register at the old place of residence; in some cases, if the previous propiska is located in another region, the registration may last two to three months.
You can also apply for a residence registration online through the State Services website. Please go through this link to fill in the documents.
Tax deduction and income tax
The seller, in turn, calculates and pays a tax of 13% of the income derived from the sale of the dwelling. If he does not have a basis for exemption from the tax burden, a declaration must be filed by 30 April of the following year after the sale, and NPFL must be paid by 15 July.
But from the date of State registration, there is a duty to pay a real estate tax, which is paid annually to 1 December of the previous year, which means that if you bought an apartment in September 2017, you will have to pay a real estate tax by 1 December 2018 for 4 months of 2017.
When the buyer buys an apartment, he is entitled to a tax deduction – the ability to recover a portion of the tax paid to him in the budget. The maximum deduction is 2,000,000 roubles – in which case a maximum of 260,000 roubles will be recovered from the budget. The specific amount depends on the specific conditions.
In 2016, you bought an apartment for 3,000,000 rubles, the maximum deduction being 2,000,000 rubles, the amount paid back to NPFL from the budget is 260,000 rubles.
At the same time, you are officially employed, with 13 per cent of your salary allocated to the budget, and if your salary is 30,000 roubles per month, you are allocated to the budget on a monthly basis:
30,000 * 13% = 3,900 roubles.
This means that in the year you paid the budget: 3,900 * 12 = 46,800 rubles; in 2016 and 2017, you paid the tax of 93,600 rubles; this is what you have already paid from your salary, and it will be recovered from the budget.
In the future, it will also be possible, gradually, to recover the balance of the deduction – 166,400 rubles – until the amount reaches 260,000 rubles.
Tax deductions and refunds may be made through the tax or through the employer by applying for and applying for an apartment.
Make sure to keep all payment documents (lists, bank statements) in order to confirm the right to deduct.
How long before you can sell a house so you don't pay a tax?
Everyone knows that with the money from the sale, the seller pays 13% of the revenue tax to the State, but if a citizen has owned a flat long enough, he may not pay the tax when selling it.
The minimum period for tax exemption is set by the Tax Code of the Russian Federation and is five years, which was three years earlier, but has been extended since 2016, and it is necessary to pay particular attention to this and to be guided only by up-to-date information on when to sell a dwelling, but in any case it will not be possible to sell an apartment a year later without a tax.
The duration of possession for the question when it can be sold must be counted not from the time when the contract or the transfer document is signed, but only from the time when the property is registered by the State; the date of the State registration is indicated in the EGRN extract.
For example, the sales contract was signed on 11 June 2018, the transfer document was signed on 13 June 2018, and the State registration took place on 20 June 2018.
Other means of disposal
The apartment can be ordered in accordance with the law.For example, an apartment can be given or bequeathed.
♪ When you can get a gift ♪
The term "given for an apartment" is often used, but it is not entirely correct. The only reason for giving an apartment as a gift is the form of a gift contract in which the two parties are involved. The giver and the giftee enter into a contract under which the giver undertakes to hand over the apartment free of charge and the gifted person is to accept the apartment as a gift.
You can't give an apartment to anyone without his consent, against his will.
The same requirements apply to the gift contract as to the sales contract:
- It's written in plain writing. You don't need to confirm a contract from a notary, even if you get a share of the common property right, but if you're going to lose an apartment belonging to a minor, you don't need a notary.
- A transmission document shall be drawn up for the transfer of the dwelling. If the contract expressly states that it is not necessary, it is not necessary to draw up the document.
- The dwelling is handed over to third parties free of encumbrances and rights, and all residents are discharged from it, and a certificate from the housing authority on those registered in the apartment will have to be presented to Rostreest.
- The transfer of ownership of the gift will be registered by Rostreestro.
The document on the basis of the creation of the right of ownership in this case would be a gift contract.
From the tax point of view, the giver is not obliged to pay the tax after the removal of the dwelling, because he has not received any income; the gift is also exempt from the tax in some cases; if the parties to the contract are close relatives to each other, i.e.:
- Grandparents;
- Parents, adoptive parents;
- Children born or adopted;
- Grandkids;
- Brothers and sisters are family or incomplete, i.e. with one parent in common.
In this case, the gifted person does not pay the tax; otherwise he will have to pay the State 13% of the market value of the dwelling.
Will
If you make a bequest, make a bequest in case of death.
Since the will is a one-sided transaction, the consent of the heirs is not required; the question of the inheritance of particular persons will be decided in the course of the inheritance proceedings.
Types of will:
- You can make a will which you and the notary will know. If you wish, you can show it for information and for your heirs. You have to go to a notary office with your passport and apartment documents. The notary will draw up a draft will that will be signed by himself. The notary will then certify the will. One copy will be given to the heir and the other will remain in the notary's custody.
- The text of a sealed will is known only to the testator. You write the will handwritten on the paper sheet, sign it, seal it in the envelope. Two witnesses sign the envelope, which is then handed over to the notary. The notary seals all the other envelope on which the certification is placed. The will is opened after the death of the testator.
Only an adult, capable citizen can make a will; a will is made only in person; one will cannot be made in two.
Is it possible to return the premises after the deal?
The dwelling shall be returned to the seller if the contract is avoided or if the transaction is declared invalid.
When a contract is terminated, certain conditions are required for the apartment to be returned:
- The contract should specify that, in the event of avoidance of the contract, the buyer must return the apartment to the seller; if this is not the case, even if the contract is avoided, the buyer will retain the flat.
- If the parties have already fulfilled their obligations (the seller has handed over the apartment and discharged third parties from it, the buyer has paid it in full and the State registration has been completed), the contract cannot be avoided.
For more details about the break-up of the OST, see the video:
In order to render a transaction null and void, compelling circumstances are required, such as:
- The husband ' s consent for the sale of the apartment was not obtained.
- The rights of the minor owner at the time of sale have been violated.
- The rights of an incompetent citizen on sale have been violated.
- The right to buy an apartment is not respected.
- The transaction is in simple writing, where only a notary is required.
- The deal was made to look or to cover another deal.
- The seller signed the contract under threat.
In all cases, the transaction is declared null and void by a court order. In order to avoid negative consequences, special attention must be given to the preparation of the transaction. You may need the advice of an experienced lawyer with regard to your situation.
Remember
- Do not delay the registration of the place of residence in the new apartment, in addition to registration, notify all utility providers and the managing company or the CRT of the change of ownership.
- If you buy an apartment, you must use the right to a property tax deduction, which will help you to calculate the amount at the main place of work.
- If you want to convert the apartment into a relative, write a gift contract, which is more difficult to challenge than a will.
- Be vigilant at the stage of the transaction to avoid the return of the apartment.
What do you do when you buy an apartment?
After the purchase of the apartment and the lengthy document preparation procedure, it is not necessary to relax, as the owner is waiting for a new wave of consistent action.
Citizens who face the acquisition of real property for the first time, even if they do not do so on their own, ask what needs to be done after the purchase of the apartment, so that the transaction can be concluded with the public authorities in the near future.
First of all, attention should be paid to the package of documents that must be held by the owner.Once the contract of sale has been signed, each party will have a list of the papers and they are different; for example, the buyer is given a copy of the contract, a certificate of acceptance and transfer of the dwelling (made at the request of the parties), a cadastral and technical passport, a plan, an extract from the tax service, a certificate of non-payment for public utilities and, of course, a certificate of ownership.
Final stage of the transaction
Once the transaction has been concluded, the real estate has been obtained, the payment has been made (unless otherwise specified), the new owner of the dwelling must immediately file an application with the documents in Rosreest, in order to obtain a public registration of his acquired rights. In no case can this procedure be postponed, since as long as it is in the air, the seller remains the official owner, and this is a huge risk for the buyer.
There are several options for applying to Rosreest and for making property rights available, and you can choose any, only differences in convenience and timing. The following are currently available:
- It is not convenient to be in the territory of the registration authority in person unless it is time-consuming, waiting and dependent on the work schedule;
- Application through the local Multifunctional Centre;
- Sending a request and notarized copies of the documents by mail (only a registered letter, with an inventory of the papers and a notification of receipt);
- An electronic application through Rosreestra's website is the most convenient option, but it will still be necessary to go to the territorial institution in person after the papers are ready;
- Order a pay-as-you-go favor.
Documents to the registration authority
The new owner will need to provide a standard list of documents in order to obtain State registration for a purchased dwelling, as follows:
Application on behalf of the new owner requesting registration of his rights to the purchased dwelling (to be completed on a special form which can be obtained at the place of application or downloaded from the official Rosreestre website).
- The document that gave the claimant a legal right to own the real property in question (in this case the contract of sale).
- Cadastral plan and passport (if necessary and technical).
- The applicant ' s personal passport and identification code (if there are more than one co-owners at home, the documents of each of them are required).
- If, in lieu of the new owner, a request is made by his or her trusted person, his or her passport and notarized power of attorney are required, with the duration of the application and the list of powers.
- The receipt that the State ' s processing fee has been paid.
Although the above list is a standard list, it can be supplemented in each individual situation, usually when the transaction is complicated by additional circumstances, such as the presence of young children, a mortgage.
What's going on after?
Once the issue of the propiska has been resolved, it is necessary to take care of the utility charges for the services to be delivered to the apartment.
Utilities issues
It is very important to convert personal accounts to a purchased property in the shortest possible time.
The question of the provision of public utilities is not usually to be resolved, but they continue to be supplied regardless of what happens to the dwelling (unless any systems have been shut down before then for non-payment by the former owner). However, there will be problems with payment if the account is not processed in a timely manner. To do so, it is necessary:
- Submit an application to the clearing house requesting that the owner of the personal accounts be rewritten (it is advisable to request a statement of the debt to check or verify that it is not available);
- Sign a contract with the service companies or with the manager if all payments pass through it;
- To enter into a new contract with the energy provider as well as the gas supply company (relevant if the facility is purchased on the secondary market);
- To check the available accounting instruments(s) and reset the contracts in the same manner as in the preceding paragraph;
- If there is a city phone in the premises, you have to report personally to the territorial branch office in order to re-formulate the face account.
Application to the Tax Service
It's worth noting one more point about what the new owner needs to do after buying apartments, which is to go to the tax office.
In this structure, it is important to get on the tax register in accordance with a law passed in 2014, which states that every citizen is obliged to declare his or her real estate.
It is also a matter of introducing a system of fines for arrears in the payment of taxes.
In order to recover the tax deduction, it is necessary to provide the tax service with a documentary basis for obtaining it, namely, a certificate, an identification number and a personal passport of a citizen of the Russian Federation, a contract for the acquisition of real property, a transfer document (if any), a written statement and confirmation of the payment of the purchase.
For housing in a new building
All of the above concerns the acquisition of housing, both in the secondary market and in new buildings, and the new buildings require the following additional actions:
- The issuance of a transfer certificate from the developer's company to the new owner should not be rushed to sign it. It should be carefully examined and the functioning and integrity of the communication systems should be checked (if there are leaks in the sanitary units, whether there is electricity everywhere, whether there is hot and cold water, gas, etc.).
- In identifying defects, it is important to record them in the act and not to sign them until the comments have been corrected, as it will simply not be possible to demand anything after;
- The receipt of documents from the Bureau of Technical Inventory or from the cadastre office (depending on the region) is a cadastral passport and plan;
- Registration of ownership of an apartment in the Rosreestra institution (no certificates have been issued since 2016, only extracts from the Single State Register of Real Property Rights).
In some cases, a building permit may be required for a multi-family building, so it makes sense to request a certified copy from the developer in advance.
When buying a mortgage
When a loan is paid, you have to go to Rosreister, but in addition to the standard list of documents, you will need to submit additional mortgages, as well as a certificate from a bank that confirms that the entire amount and interest has been paid. In Rosreister, the information will be checked, after which, if there are no comments, the encumbrance will be removed by placing a mark in a single database. This takes about three days.
The request made through the official Rosreestra website will allow the owner of the dwelling to check independently whether the encumbrance has been removed and his rights registered.
However, it should be borne in mind that information is not entered immediately, but within a certain period of time, so it is best to make a request directly to the territorial division.
It's also important to make sure that all the data is correctly recorded, and the slightest mistake can cause a lot of trouble.
What should be done after the purchase of the dwelling: what documents should be processed and received, and what remains for the buyer?
You bought an apartment and finished the paperwork.Documents work not completed for buyer or sellerThe new buyers often ask, after the conclusion of the contract for the sale of the dwelling, what should they do next? What documents should be in their hands after the purchase of the apartment?
There are still some steps to be taken to register the transaction.
Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-51-36 -- it's quick and free!
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Documents after purchase
Since there are two parties involved in the transaction, each has its own package of documents.
Read the full list of documents required for sale in this article.
Vendor ' s documents
Ideally, all the documents,which the seller had prior to the transaction must remain with him.Plus, he's gonna have a sales contract and a transfer document.
So,A package of documents after sale from the former owner is the following::
- Sales contract.
- The deed of transfer of the apartment.
- Property certificate.
- Document on share participation in construction (if any).
- Model contract for the sale of an apartment
- Contract for the sale of the apartment to the joint property of the spouses
- Act of transfer of dwelling
- By law, after the transaction has been processedpart of the documents remains with the seller in the form of copies, as the originals are filed with the notary authorities.
What documents the buyer receives when buying an apartment
Package of documentsbuyer next:
- Sales contract.
- It's a transfer act.
- Property certificate.
- Cadastral passport.
- It's a B.T.A.P.S.
- Tax certificate on non-debt.
- The fact that there's no debt for utilities.
- Certificate from the SCW that there are no arrears in membership fees.
- Homebook.
The sale of an apartment is not the end of the buyer's actions.
Whichever apartment you bought, you're gonna have to.A number of additional actionsIV. When buyingin the secondary fundThey consist of several steps.
ProprietaryIf you need a dwelling to live and not to be used as an investment in funds or as a business organization, you need to register it.
We need to do this.during the weekMake a statement to the FMC or to the recently established IFC, which can also be applied through the Public Services Portal.
In addition to the application, you will need to provide a passport and a home book for your propiska.
Resolution of the issue of utility chargesIt's the first thing we need to do as soon as possible, all service contracts need to be rewritten in their name, and the payer on the face accounts is changed accordingly.
Action is required according to the following pattern:
- An application to the CDC requesting that the accounts be transferred to your name.
- Establishment of housing service contracts with the management company, TCW.
- Going to the power company, humping gas.
- The water meter needs to be reset to itself as well.
- If there is an Internet and a fixed phone in the apartment, the contracts with Rostelecom and the provider also need to be rewritten.
If you have a CRT in your house, you need to write an application for membership.
Application to the tax authoritiesThere are two actions that need to be carried out in the FNS:
- Tax record-keeping: Under the law adopted on 21 March 2014, citizens are required to declare their real estate, and a 20 per cent fine is to be imposed from 2017 on arrears in the event of non-payment of the tax.
- Income tax deduction, the tax will return 13% to you with a maximum value of 2 million roubles, which would amount to 260 tons. There are no restrictions on the purchase of mortgage housing.
If youWe've been through debt restructuring, but you're not entitled to a tax deduction on interest paid.as the purpose of the loan is to pay interest on the previous one.
To receive a tax deductionyou need to have:
- Document supporting the deduction of certificate 3 of the NPFL.
- Passports and PINs.
- Sales contract.
- The act of reception is a transmission.
- It's an apartment certificate.
- The seller ' s receipt of the money.
- Tax application for tax refunds.
- Credit contract (for purchase on credit).
- Certificate of interest paid under the contract from the bank.
- A legally employed citizen is entitled to a deduction.listed for you by the employer during the yearIf it is less than the one that is expected to be returned, you will renew the application for payment in subsequent years.
- Model seller ' s cash receipt
- Example of writing a seller ' s receipt of money
- Model tax refund application (through tax inspection)
- Application for deduction (employer) to the employer
- Application for deduction (employer ' s) to inspection
- Look at the video about the tax refunds for buying the apartment:
- If a lump sum is deducted, submit the details of the bank account to the authorities.
Deductions may also be obtained in the form ofIncome tax exemption for the necessary timeFor this kind of receipt, you need to submit a document from the FNS to the books of your company.3-NDFL declaration is not necessary in this case.
There is no tax deduction if you have obtained housing from your parents, spouse, brother or sister, or if payment has been made at a expense.maternal capital, employer ' s funds or State subsidies.
You must be provided with a copy of the act in order to be able to perform the act.copies of the following documents(Give them enough):
- Passport.
- Property certificate.
- Sales deal.
- An extract from the home book.
- Cadastral passport.
If the dwelling is in a new building
All the actions referred to above relate to the purchase of housing and to the purchase of secondary funds and new structures.
It is necessary to make arrangements for an apartment purchased at the new house.before previously described, do also the following::
- It's signed after a thorough inspection of the apartment. Do it with the utmost care, without missing any detail that doesn't suit you.Defective dwelling reception actAll violations are recorded in the record and attach it to the act.
- Collection of documentation at the BTI for a new apartmentAn cadastral passport must be drawn up. In the BTI, provide an application for it, an agreement of the debtor (DDU, if any), an act of reception and transmission, and copies of the owners ' passports.
- Registration in Rosreister.receive a certificateIn order to obtain a certificate, you will need owner ' s passports, a cadastral passport, a DDU, and sometimes a building permit and a land developer ' s documents may be required; after a month of checking your papers, the apartment will be entered into the register and you will receive the certificate.
If it's bought in mortgage
The dwelling is held in a bank deposit until credit is paid in full.
As soon asDebt paid, encumbrance to be liftedThey do so through Rosreister, by filing an application on their own behalf or on behalf of the bank.loan contract, debt settlement certificate.
After checking the documents on the Witnessthe discharge of the encumbrance shall be noted.
ProcedureThe removal of the encumbrance does not require payment of the government service and takes place within three daysIf you wish, you can rewrite the Certificate, then you will have to pay the Minister's fee.
If a mortgage is granted to one family member and you plan to make the apartment property of several family members after payment, it is necessaryto transfer the dwelling to a share of the property.
Read about the way in which a share of an apartment is sold and sold in this article.
Buying or selling a dwelling is a difficult and long-term process.continued moral calm and material well-being.
Don't forget to take every detail into account in the design so that the joy of buying isn't clouded by any problems.
So we've been looking at what needs to be done after buying the apartment, and what kind of documents the buyer has left behind after buying the apartment.
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What to do after buying the apartment first?
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At the time of registration of the owner ' s rights in Rosreestre, the paperwork related to the purchase of housing for the happy owner does not end, but is the beginning of a long-term procession with a view to modifying numerous contracts for the provision of public utilities and other services.
I therefore recommend that the housewarming celebration be postponed for a few or three weeks and that more urgent matters be dealt with in this article, and I will describe what needs to be done in the first place when buying an apartment, where to turn, and how the process of converting utilities and other services is being carried out.
○ What conditions determine the priority of action?
The priority of public utilities depends on the market in which the real estate was purchased – whether you are the owner of the apartment in the new building or the owner of the second-hand housing.
In any case, the first step will be to approach the management organization – the intermediary between owners and resource providers (in old houses, the manager can be the TCA).
The second step would be to conclude or reformulate agreements for the supply of resources with the companies concerned.
Return
What do you do when you buy housing in a new building?
First thing we do is register ownership of an apartment in Rosreister.
This will require signing with the developer a reception-transfer certificate and obtaining a technical plan for the apartment from him.
Sometimes the technical plan needs to be prepared on its own (depending on the agreement with the developer). You can order the technical plan from the Rosreestra Cadastral or the cadastral engineer.
The act of reception and the technical plan must be addressed to Rosreister.
Communal payments are paid in the name of the new owner from the time of receipt of the transfer act, on the basis of article 153, paragraph 6, paragraph 2, of the Code of Criminal Procedure:
- "The obligation to pay for accommodation and utilities arises for:
… - (6) A person who accepted from a developer (a person who provides for the construction of a multi-family house) after having been granted permission to enter into service of a multi-family house on the basis of a transfer certificate or other transfer document, from the time of such transfer."
:: Formation of the contract in the CSC
The management organization (OO) is the intermediary between the residents and the resource providers (art. 155, para. 6.2). The resource organization pays the UO for services. The UC, in turn, pays the tenants, receives money from them and transfers the organization providing the resource.
How to find out which of the new owners to apply to: the local authority conducts a competition on its own for the selection of the management organization.
Within 10 days of it being carried out, persons who have received a transfer certificate from the developer are informed by the local authority of the results of the contract – which OO has won the competition and the terms of the contract (art. 161, para. 13).
:: Identification of the face account
The face account is a concept used in a payment document issued to the owner by the OO. It is issued to each apartment and reflects information on the provision of public services.
In order for it to be processed, it is necessary to make a statement to the management company, written in arbitrary form, requesting that the account be opened in your name.
The application should be accompanied by a passport and a transmission document.
:: Conversion of energy to the market
Under the rules of Government Decision No. 442, individuals who are consumers of electricity are required to enter into a contract with a guaranteed supplier or market (art. 71).
The contract does not have to be written and is considered to have been concluded since the start of the use of electricity; the existence of a contractual relationship is confirmed by the relevant receipts.
Provides information on the electric power user in this case to the UC (paragraphs 72, 73 of the Ordinance).
In order to conclude a written consumption agreement, you have to apply to the energy market, which serves the area where the energy receivers are located, for a declaration of the wish to enter into a contract. / A list of the necessary documents can be found in paragraph 34 of Government Decision No. 442 (if all the documents are not available, the energy market must collect them on its own).
:: Complementary actions
If the new structure provides for the use of gas stoves, it is necessary to use the hump to conclude a contract.
If you're going to live in a room, don't forget to sign it.
To do this, you have to go to the registration office. You have to register all permanent and temporary residents at the address.
Home-based networks (both telephone and Internet and television) are often provided by one provider who, at the construction stage, is bringing the necessary wires to the house. Find out from the developer who your provider is and make a contract with him.
If you are not satisfied with the telephone operator, you are entitled to choose any other telephone service, which is regulated by paragraphs 15-18 and 57-59 of Government Decision No. 1342.
In addition, additional services such as residential insurance, alarms, water delivery, etc. are now available.
Return
What should be done when buying housing in the secondary market?
The obligation to pay communal payments arises after the issuance of the right of ownership (art. 155, para. 2, of the Russian Federation), i.e. after the registration of the new owner in Rosreestre.
In order not to receive payments in the name of the old owner, all the documents should be rewritten as soon as possible.
:: Recourse to the TCA or LHC
Ask your neighbors or ex-owner about the existence of the VTC in your home, which is the community of owners that every tenant has to know about.
If the TCW has not been created, ask the address of the management organization.
An application must be filed to join the SCW.
If you have not been told the address of the UO, you can find it from the incoming payment documents, the Cassess Centre, or through special services on the Internet.
A contract is entered into with the governing organization.
:: Re-formation of the face account
The U.S.C. or U.S.C. is responsible for the conversion of the facial account, which requires an application, a passport and confirmation of the owner ' s rights.
The refusal to change the personal account due to debt is not legal; the new owner should not be liable for the seller's debts; the exception is the cost of major repairs.
:: Reforming the contract with the energy market
The power market needs to be notified of the change of owner, so that you can contact the company that supplies electricity to the service area where your home is located.
If you have already started paying the bill, take the receipt with you.
:: Re-routing of water-use meters, if any
If water accounting devices are available, the counter shall be converted to hot and cold water.
For this purpose, the readings of the instruments are taken, with the passport, the documents for the apartment and the documents for the enumerators (if any), it is necessary to go to the water canal.
Re-forming of a fixed phone, if available
If there's a telephone line in the apartment where you've moved, you need to contact the communications operator.
How to convert the home phone to yourself? In order to do so, the operator must be contacted within a month from the date of settlement with his passport and the right-setting document for the apartment.
No refusal to use the network is required from the former owner; the old contract is automatically terminated, as evidenced by article 45, paragraph 5, of the Communications Act:
"In the event of the termination of the user's right of ownership and use of the office in which the end-of-life equipment is installed (hereinafter referred to as the telephone room), the contract of communication with the subscriber shall be terminated.
At the same time, the telecommunications operator with whom the communication service contract is terminated is required to enter into a communication service contract with the new owner of the telephoned room within thirty days.
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:: Formation of the contract with the gas service, if necessary
A gas service contract must be entered into by each owner of an apartment that has domestic gas equipment (Government Decision No. 410, para. 17). On behalf of the owner, a contract may be concluded by a management organization or a CRT.
It is necessary to ask the above-mentioned persons about the existence of a treaty.
If additional equipment is installed in the apartment, the gas company is requested to enter into a contract specifying the list of the accommodation equipment (Regulation No. 410, para. 18).
A contract can be awarded to the U.S. or to the U.S.T.A.
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Legal advice:
♪ We bought a second-hand apartment, we get receipts for a big LKH debt, how do we prove that it's not our debt?
This is not your problem, but the problem of the management organization; you are the payer of communal payments from the moment of registration of property rights (art. 155, para.
Just sign a new face account and pay your bills.
If the administering organization does not wish to open a face account, contact the court; in such cases, the court becomes a party to the new owner (e.g. decision in case No. 2-1837/12 of the Zavolgsky District Court).
♪ Buyed an apartment in a new building, but we're not allowed to sign a face account, what could that have to do with?
If you have requested that the account be submitted to a single clearing house, it is likely that you will be required to terminate the contract with the management organization.
If you refuse to open an OO account, remember whether you signed a contract with her on the basis of a transfer certificate for housing.
The contract must specify the duties of the UC in respect of the processing of personal accounts; if there is no such obligation, a meeting of the owners of the premises in the multi-family house shall be convened and a decision shall be taken to modify the terms of the contract.
On the basis of the minutes of the meeting of owners, the agreement is amended accordingly.
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Published :Vadim Kalyuzhka, a specialist in the Topurist.RU portal
What needs to be done after buying a dwelling: where to turn and what actions should the new owner take?
The purchase of an apartment is a very serious and responsible step for any person, and it is so serious that even after the property has been completed, the new owner will have quite a lot to worry about.
So, even when you mention the housewarming, you don't have to relax, because you have to finish it, and we're going to tell you what the new owner of the apartment needs to do next, after a successful transaction and a contract of sale has been signed.
To solve your problem, you will receive free legal advice: +7 (499) 504-88-91 Moscow +7 (812) 385-57-31 St. Petersburg
What needs to be done once the property has been purchased from the secondary market?
The necessary action after the purchase of property on the secondary market has a certain degree of consistency.
Where to legalize ownership of property?
First of all, you need to get a title to the apartment you bought.This requires contact with the local office of the DFS, where information on the rights to all real estate in a given region is collected and stored.
- Passports of each of the parties to the sale transaction.
- The contract of sale itself.
- Bill for payment of State duty for registration of rights.
- Trust (in the case where a trusted person is involved).
- Technical passport for the apartment.
- Completed application for registration of property rights.
Sometimes the registrar may require additional documents to confirm some of the information. The best way to find out is at the time of preparation, in order to avoid problems. The following documents may be required from the additional documents:
- If the apartment was common property, the consent of the seller ' s spouse would be required.
- With the participation of a minor or an incompetent citizen, permission from the guardianship and guardianship authorities would be required in the transaction.
- If the apartment is on bail or is burdened with rent, the consent of the pledge holder or the rentee will be required accordingly.
The certificate of ownership is usually prepared within one calendar month, and then the acquired dwelling is taken over by the new owner.
When and how do you sign off?
The propiska is also an important step after buying an apartment, if it was bought to accommodate a new owner rather than, say, to be eaten by other tenants.
How long will it take to get a sign in the new home?From the date of receipt of the certificate of ownership, one week ' s notice is requiredOtherwise, the new buyer may be fined up to two and a half thousand roubles.
Get a propiska:
- In the passport table;
- In the IFC;
- It is possible to apply via the public service portal online.
- You need to get out of your previous place of residence first. This is not necessarily the case if you're in the same city, you're gonna get a new registration, but the whole procedure can take a while, and some passport tables may need to be issued on their own, so it's desirable to be issued in advance in order to avoid such problems.
- In the case of underage children under 14 years of age, parents or legal guardians do so.
- The application must be accompanied by the following documents:
- Passport.
- Children are registered with their birth certificate.
- The deed of ownership of the apartment.
- The treaty of basis.
- Exit sheet, in case of a self-exposure from the previous place of entry.
- The date of receipt of the passport with the new propiska will then be set.
Help!If you make an early discharge, you can even write in a new apartment in 24 hours, and once you get a passport, there'll be a stamp on the registration in the purchased apartment.
How do you rewrite the face accounts into the RCC?
Another need will be to apply to the clearing house, to re-formulate the personal accounts in the name of the new owner of the dwelling, and to require a certificate of ownership of the dwelling and a passport.An application for conversion of the face account to the new owner ' s data should be submitted to the RCC.
Once rewritten, it would be desirable to take an extract from the face account, and in the future, if there was an error in the payment, the owner could easily prove that there was no outstanding payments.
Re-registration of utilities
Once the face account has been processed by the RCC, it is desirable to deal immediately with matters relating to the commune.
- To begin with, you need to contact the management company or the TCA, where you need to draw up a service contract.
- Now, you have to go to each of the utilities companies, and first you have to go to the power organization and change the power contract to the new owner of the apartment. If you get gas to use a stove or a column, you have to do the same in the gargoise service.
- It is also important to know the date of their last inspection, and if more than three years have elapsed since the last one, it is desirable to authorize an exceptional check, which will allow this to be forgotten for the next few years.
- If there is a fixed phone in the apartment and if you want to keep it, you have to contact the Rostelecom office in your place of residence; you can also connect the telephone line if you do not have one; the same applies to television/Internet, but you have to contact the provider.
Address to the FNS to declare a bought dwelling
The tax declaration gives access to the property deduction, 13% of its value, which can be spent on many important purposes related to real estate and such an opportunity is not to be neglected.
The tax authority itself needs to file a declaration with the rest of the documents. When can this be done? There are no time limits on the submission of 3-NFFL in this regard, you can file on any convenient day, and there will be no refusal.
Sequence of action after purchase of housing in a new building
When buying an apartment in a new building, a person is in fact an investor — he signed a equity contract, but the list of mandatory actions after purchase is slightly different than when buying property in a secondary market.
Signature of the certificate of receipt from the developer
The first thing that comes to mind is the signing of an act of reception, because it's not until the investor can get the keys to his new apartment, and the act has to be taken seriously, because after it's signed, any further claims to the developer will be unfounded.
The best thing to do before signing an act is:
- Carefully examine the dwelling for defects: attention should be paid to the condition of the walls, ceilings, floors, etc. It is desirable to carry out the examination in good time of day.
- Check all door locks and handles, test their functionality.
- It will verify the strength and reliability of all communications: wiring, ventilation, etc.
Only if there is no doubt or suspicion during the examination can the act and other documents be signed.The act is signed in triplicate:
- One of which remains with the buyer of the dwelling;
- The second is at the developer ' s;
- The third one goes to the reg room.
How do you get a title?
After that, you have to get the title. To get an extract from the EGRN, you have to go to the territorial department of Rosreestra or the IFC.You can submit an e-mail application to Rosreister on an official website..
In any of these ways, the following documents will have to be collected and submitted:
- The passport of the new owner of the apartment.
- Request form (issued by the staff member in the office).
- Trust (if necessary).
Video on the issuance of property rights to an apartment in a new building:
Collection of tax deduction
The tax deduction is a refund of some of the taxes paid (the nuances of the tax on the purchase of an apartment?). Accordingly, it can only be paid by NPFL contributors.
In order to receive the rent, the taxpayers were required to pay directly.
Also, a deduction for the purchase of an apartment cannot be obtained if the transaction was made with interdependent persons, such as the spouse or parents/guardians.
- If the apartment was bought before the end of the tax periodIn order to obtain a deduction, the form 3-NPFL must be completed. Work must also take a certificate of income, 2-NDFL. It will require both a document confirming ownership and sales and equity contracts, all of which must be submitted to the tax inspectorate together with a second package of documents consisting of a payment receipt, bank statements and other tax requirements.
- If the dwelling was purchased after the tax periodFirst, it is necessary to specify the possibility of a deduction itself. This requires a tax application to receive a deduction notice. It must be filed with documents that confirm the right to a deduction and wait for an answer. Usually, a notice of deduction is given within one month.
Video instruction on tax deduction:
Conclusion
Buying an apartment, like any long-term investment, requires a responsible attitude.
Even after receiving the long-awaited keys to the newly acquired home, the housekeeper will have to work — to sign a property right, to sign an apartment, and to rewrite the Communal's face account, as well as to declare his purchase, and only after that will you be able to live peacefully in a bought apartment.
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To solve your problem, you will receive free legal advice: +7 (499) 504-88-91 Moscow +7 (812) 385-57-31 St. Petersburg