PND certificate for selling an apartment (sample)

To complete a purchase and sale transaction, various types of certificates may be needed. In addition to the mandatory package of documents required for the sale of living space, additional ones may be required.

Only the Buyer will want to see some of these papers to ensure the “legal purity” of the apartment. Below you will find what additional certificates and documents are needed.

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Do you need papers from a psychiatrist from a mental health clinic and from a narcologist?

A certificate from the ND is a certificate from the drug treatment clinic at the Seller’s place of residence stating that he is not registered with them. If he is registered with a narcologist, then his legal capacity is in question.

If the Seller is listed with PND or ND, this does not mean that he is incompetent (this issue can only be decided by the court (Article 29 of the Civil Code of the Russian Federation), but it increases the risks of the transaction that are associated with incapacity.

A person can only be declared legally incompetent through a court procedure. If we are talking about psychoneurological or drug addiction problems, then you can obtain the appropriate certificates by personally visiting a psychoneurological dispensary at your place of residence.

If a certificate is required stating that a person is not registered with the PND or ND, the document will be issued immediately upon application. If a person is registered with the PND, then a certificate of health and the absence of contraindications is issued only by the attending physician.

Documents required to issue a certificate:

1. passport of a citizen of the Russian Federation;
2. registration certificate (upon request);
3. compulsory medical insurance policy (on request);
4. SNILS certificate;
5. military ID (on request).

If the service is provided on a paid basis, then a compulsory medical insurance policy may not be required.

The certificate production time varies from 1-3 days. If a person is registered, it will take several days to issue the certificate.

• If you go to a public medical institution at your place of residence, the certificate is issued free of charge at certain hours.
• The certificate can be obtained in unlimited quantities as needed.
• The validity period of the document required for the sale of an apartment is 1 year.

The Seller cannot be obligated to obtain a certificate from the IDP and ND, since this is voluntary. To complete a transaction, the presence of this document is not required by law.

You may be interested in the following articles:

A certificate of the number of registered persons in an apartment (certificate form No. 9) is a document that reflects complete information about citizens registered at a specific address and provides information about the housing itself.

This certificate can be obtained by the owner of the property or a citizen registered at this address on a permanent or temporary basis.

The certificate will not be available to persons who have a damaged or expired passport, or to minors.

A legal entity can also request a document:

• court;
• prosecutor's office;
• police;
• Russian Pension Fund, etc.

This certificate is required if you decide to privatize or sell your living space. You can obtain the document in several places:

• at the passport office in your area;
• in the MFC;
• in your management company, if it has a passport officer.

In addition to the standard package of documents, the management company may also require payment documents confirming the absence of rent arrears. If you cannot provide them, or you have a debt, then the management company has the right to refuse to issue you a certificate.

Certificate No. 9 has a certain validity period. This is due to the fact that the number of persons registered in the apartment may change.

For 30 days, the document does not lose its relevance from the moment of receipt. After this period expires, you need to resubmit your request to receive a new document.

If the buyer of the apartment requested a certificate before the expiration of 30 days, then the seller must be ready to comply.

There is no fee for providing certificate No. 9 . The issuance is carried out free of charge. Any attempts to charge a fee for processing a document and providing services are illegal.

Download a sample three-step certificate for the sale of an apartment using Form 9

About the absence of debt

A certificate of no debt shows that tenants do not owe anything for utilities.

This certificate is not included in the list of mandatory documents required when registering real estate transactions. Basically, such a document is required by the buyer to be sure that there are no debts in the purchased property.

To obtain a certificate, you must write an application to the relevant organizations:

• in the IRC (information and calculation center);
• to the accounting department of the HOA (TSN, Housing Office, Management Company, etc.)

1. Upon receipt of the document, you must carefully check the data specified in it.
2. If you do not agree with the specified debt, you will need to clarify it with the accounting department.
3. To do this, you must present payment receipts with cash receipts confirming the amounts and dates of payments. The document may be requested by:

1. homeowners who have reached the age of majority;
2. citizens permanently registered in the apartment;
3. confidant;
4. judicial authorities;
5. guardianship and trusteeship authorities.

Documents required to obtain a certificate:

• passport of the applicant ordering the certificate (or other identification document: international passport, temporary certificate, military ID);
• certificate of ownership of the apartment;
• meter readings (indicate data on the day of application);
• receipts for payment of services;
• When contacting a representative, it is necessary to present a power of attorney from the owner to carry out any requests and actions on his behalf.

Processing of the request is determined by the management company, but usually it takes no more than 1-2 business days.

The document is usually valid for 10 days . This period is determined by the specifics of calculating monthly rent. The report is maintained from the next day after receipt of the document. Therefore, it is required to issue a certificate immediately before completing a purchase and sale transaction.

Sample certificate of absence of debt on utility bills:

The certificate we need is issued free of charge. The paper is certified with a seal, in the absence of which the document may be declared invalid.

The buyer may require all of the previously listed documents. If the Seller refuses or for some reason is unable to provide these papers, the transaction will not be completed. And even a completed purchase and sale agreement will not be the basis for its implementation.

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Legal capacity and legal capacity of individuals

Last update: 05/05/2022

In any civil transactions between individuals, the key role is played by the legal capacity and capacity of these same individuals - participants in the transactions.

By default, it is assumed that every adult citizen of the Russian Federation is fully legal and capable . Otherwise, he does not have the right to independently carry out transactions.

And if he nevertheless made such a transaction (signed the Apartment Purchase and Sale Agreement, for example), then this transaction becomes invalid as soon as it turns out that the Seller of the apartment did not have the authority to do so or was incapacitated .

We are not talking about the Buyer of the apartment here, because... only the Seller can have a reason to take the money and then terminate the transaction due to “incapacity.”

Scams and fraud with housing (special section). Instructive stories with practical examples.

Civil legal capacity of an individual

legal capacity is his ability (more precisely, legal ability) to have civil rights and bear certain responsibilities as provided by law. Those. to be a bearer of rights and obligations, to be a subject of law, according to Art. 17 Civil Code of the Russian Federation.

The legal capacity of a citizen arises from the moment of his birth, and is recognized equally by all citizens of the Russian Federation. Legal capacity is inseparable from the personality of a citizen. You cannot deprive a person of legal capacity .

In relation to transactions with apartments, the legal capacity of the Seller means that he has legal rights to own, use and dispose of the apartment.

A minor child in an apartment purchase and sale transaction. What to do? See the corresponding step of the Instructions.

Legal capacity to sell an apartment

Legal capacity refers to a person's ability to freely act in accordance with his or her legal capacity . These actions can serve him to realize his rights, can give him new rights, but also impose on him duties and responsibility for his actions.

•   ♦ Clearly about legal capacity ♦
• Capacity also means that a person understands the meaning of his actions and is aware of their consequences.
• Every citizen from the moment of his birth acquires legal capacity gradually:

• Children under 6 years of age are completely incompetent .
• Children from 6 to 14 years old are considered minors - they have . ” Minors cannot be held responsible for their actions (a parent or guardian acts and is responsible for them).
• Persons from 14 to 18 years of age are partially capable . They can carry out transactions with apartments themselves (i.e., sign contracts), but only with the written consent of their parents or guardians.
• Full legal capacity of a citizen occurs upon reaching the age of majority, i.e. 18 years old (Article 21 of the Civil Code of the Russian Federation). From this moment on, the person is completely responsible for his actions.

In relation to real estate transactions, legal capacity means that the Seller can independently exercise his rights in relation to the apartment (i.e., make transactions) and bear responsibility for his actions.

A transaction concluded by an incapacitated citizen is void.

What does the Buyer risk by purchasing an apartment previously purchased with maternity capital - see this note.

Declaring a person incompetent

A citizen can ONLY be declared legally incompetent by a court decision..

This occurs due to obvious mental disorder and his inability to understand the meaning of his actions (Article 29 of the Civil Code of the Russian Federation).

The court can deprive such a person of legal capacity and establish guardianship (from among his immediate circle, for example).

The guardian becomes the legal representative of the ward, and carries out all civil transactions (including real estate transactions) on his behalf and in his interests.

The court makes a decision on the citizen’s incapacity based on the results of a forensic medical examination, which established that he has serious mental disorders . Such an examination can be initiated against a citizen by his relatives, guardianship and trusteeship authorities, a prosecutor or a psychiatric hospital (Article 281 of the Code of Civil Procedure).

A milder option used by the court is to limit the legal capacity of a citizen (Article 30 of the Civil Code of the Russian Federation).

This happens when a person is unable to cope with his addictions (for example, drunkenness, drugs, etc.), as a result of which his loved ones suffer.

The court may limit such a person's legal capacity and assign him guardianship .

A citizen limited in legal capacity can independently carry out small everyday transactions, but he has the right to carry out large transactions (including the alienation of real estate) only with the consent of his trustee .

If a citizen is declared incompetent by or limited by the court in legal capacity , then by law, the court must notify the guardianship and trusteeship authorities at the citizen’s place of residence within 3 days, in order to establish guardianship or trusteeship (Clause 2 of Art. 34 of the Civil Code of the Russian Federation).

Any real estate transactions affecting the rights of incapacitated or limited legal capacity persons are carried out only with the written permission of the Guardianship and Trusteeship Authorities.

If an apartment is sold by proxy, what should the Buyer do? See the corresponding step of the Instructions, following the link.

Certificates from ND and PND - what are they?

When selling an apartment, realtors sometimes require a certificate from the Seller from the ND and PND , citing the desire to make sure that the Seller is fully capable .

A certificate from the ND is a certificate from the drug treatment clinic at the place of residence of the Seller stating that he is not registered with them. If he is registered, then his legal capacity is in question.

A certificate from the PND is a certificate from the psychoneurological dispensary at the Seller’s place of residence stating that he is not registered with them. If he is registered, then his legal capacity is in question.

But! Important clarification! If the Seller is registered in the ND or PND , this does not indicate his incapacity (this issue can only be decided by the court), but it increases the risks of the transaction associated with possible incapacity .

And the opposite situation - if at the time of concluding the transaction there was no court decision on incapacity , then subsequently there is still a risk of challenging the transaction for this reason. The court may recognize the Seller as incompetent or limit his legal capacity after the transaction, and consider that at the time of its completion he did not understand the significance of his actions (Article 177 of the Civil Code of the Russian Federation). And this is already a reason to invalidate the transaction.

For those who are registered with ND or PND , this risk is obviously higher. To reduce this risk, appropriate certificates are taken.

True, there is good news for the Buyer of the apartment: from March 2015.

Paragraph 2 of the above-mentioned Article 177 of the Civil Code of the Russian Federation is supplemented with a condition under which the transaction may be declared invalid if the Seller was subsequently limited in legal capacity , and considered that at the time of the transaction he did not understand the significance of his actions, and (important!) The Buyer knew about this (i.e. I saw that the Seller was mentally ill, but still made a deal with him).

At the same time, one should not confuse the concepts of “recognized as incompetent” and “limited in legal capacity” (differences – see above).

For what reason may Rosreestr suspend the registration of an apartment purchase and sale transaction - see the link.

How to confirm the legal capacity of the Apartment Seller in a transaction

To confirm the legal capacity of the Seller at the time of signing the Apartment Purchase and Sale Agreement, two methods are used in practice:

1. the transaction is certified by a notary;
2. conduct a medical examination of the Seller during the transaction.

Notarization of an agreement reduces the risk of declaring a transaction invalid on the grounds specified in Article 177 of the Civil Code of the Russian Federation (see above).

The notary acts as an official witness to the goodwill and sanity of the parties to the transaction when signing the agreement, and is authorized to take the necessary actions to confirm their legal capacity (for example, make requests to various departments).

But a guaranteed argument for the court (in case the transaction is contested) will be a written opinion from a psychiatrist made on the eve or at the time of signing the contract.

To do this, the doctor is invited directly to the transaction, where he conducts a medical examination of the Seller.

This is practiced, for example, when an apartment is being sold by an elderly person, or there is a suspicion that the Seller suffers from alcohol or drug addiction.

Medical examination services can be found in SERVICES.

Who are “third parties” in real estate transactions? What rights do they have? Which of them can challenge the completed transaction?

How a Buyer should proceed when purchasing an apartment on the secondary market, if there are doubts about the legal capacity of the Seller, is described at the corresponding step of the INSTRUCTIONS: Buyer >> Secondary >> Verifying the identity of the Seller >> Legal capacity of the Seller of the apartment.

Transaction support by an experienced lawyer ALWAYS reduces risks (especially for the Buyer of an apartment). The services of specialized real estate lawyers can be found HERE.

1. "SECRETS OF A REALTOR":
2. The rules for preparing and conducting an apartment purchase and sale transaction are on the interactive map STEP-BY-STEP INSTRUCTIONS (will open in a pop-up window).

IPA certificate in 2018 and 2023

Mental disorders make it difficult or impossible to understand current events, make adequate decisions and realize the consequences of one’s actions. In situations where citizens are required to have a clear understanding when performing legally significant actions, a certificate from a psychoneurological dispensary (PND) is required or recommended.

What is a PND certificate?

Psychoneurological dispensaries, in addition to direct medical functions, carry out registration of persons who have a psychiatric diagnosis identified and confirmed. Such diseases are or may be accompanied by mental and thinking disorders, which can lead to the recognition of citizens as incompetent or partially capable.

Formally, keeping records in the PND is not provided for by the basic regulatory act in this area - Federal Law No. 3185-1 of July 2, 1992. Instead, legal options for providing assistance to citizens are advisory and medical assistance and dispensary observation. It is dispensary observation that is analogous to psychiatric registration, and is characterized by the following nuances:

• To introduce a regime of dispensary observation, a citizen must be diagnosed with a chronic and protracted mental disorder that has severe, persistent or worsening painful manifestations;
• the dispensary observation regime is introduced for a certain period of time, and not for life;
• The presence of these diseases in citizens does not indicate a person’s incapacity, since it can only be established by a court decision.

Thus, a PND certificate with the wording “not registered” is not only invalid, but also legally illiterate. However, information about the state of mental health in some cases is required to obtain important documents, admission to service or official duties, etc.

For this purpose, the PND certificate will contain the answer to the question whether a citizen can perform certain work due to health reasons, or whether there are medical contraindications for carrying out certain activities.

The issuance of such a document is legal and is accompanied by a study of the outpatient card (if available) and an actual examination of the citizen.

• Dear READERS!
• The information in this article contains general information, but each case is unique. If you want to find out how to solve your particular problem, call:
• 8 (499) 703-35-33 ext. 415 — Moscow
• 8 (812) 309-52-81 ext. 976 — St. Petersburg
• or if it’s more convenient for you, use the online consultant form!
• All consultations are free.

Information about the presence or absence of diagnoses in the PND certificate cannot be indicated under any circumstances, since it is protected by medical confidentiality. Such information can only be obtained by the court or law enforcement agencies upon special request.

Expert commentary.

The IPA certificate is considered as a mandatory document for verifying the legal purity of transactions, although not a single regulatory act contains such requirements.

However, this document can only confirm the presence or absence of a dispensary observation regime, which has nothing to do with legal capacity.

Where and how to get a PND certificate step by step instructions

State and municipal medical institutions provide medical care on the basis of a compulsory medical insurance policy or on a paid basis. Psychiatric care for citizens is included in federal and regional compulsory medical insurance programs, and citizens are received, as a rule, at their place of residence.

  Registration of parking space

Dispensary observation (i.e. psychiatric registration) is carried out at the place of permanent or temporary residence of citizens, which allows timely monitoring of their health.

Consequently, you can obtain a PND certificate at your place of residence, since only at a local dispensary will an outpatient card for observation be opened, and a citizen will be able to undergo a medical examination.

Step-by-step instructions for obtaining a PND certificate are as follows:

• specify the location of a public or private psychiatric dispensary at your place of residence (please note that you can undergo an examination in this area only at your place of registration, where outpatient records are kept);
• choose in which institution you will undergo an examination and receive a certificate - for submission to the place of state or military service, the certificate is taken only from state PND, for other cases the certificates will have the same meaning;
• collect a set of documents provided for by the administrative regulations of the IPA or the rules of the clinic;
• conclude an agreement for the provision of medical services and pay the tariff of a medical institution (when applying to state PND in the direction of the military registration and enlistment office, citizens are exempt from paying the tariff);
• depending on the purpose of the application, obtain a PND certificate or undergo a health examination, after which the document will be issued by a doctor.

Note! If you need to receive a certificate with a note indicating that you are not registered (dispensary observation), the document will be issued immediately upon application.

If an outpatient card is opened for a citizen at a dispensary, i.e.

he is under psychiatric observation, a certificate of registration, health status and the absence (presence) of contraindications can only be issued by the attending physician (at the same time, an extract from the outpatient card is issued).

If a citizen needs a health certificate, it will be issued only after examination by a medical specialist. In most cases, this procedure is formal in nature and is completed within one hour. However, if there are objective signs of a mental illness or suspicion of a diagnosis, the doctor may prescribe additional examinations.

Please note that the certificate can only be issued to the citizen personally, since disclosure of information about health status is prohibited by law.

Medical indicators and diagnoses are protected by medical confidentiality; even having a notarized power of attorney will not allow you to obtain a certificate or extract from an outpatient card.

The only exceptions are requests from the court and law enforcement agencies if such information is required for the consideration of criminal cases.

Expert commentary.

The rule on personally applying for a certificate fully complies with the law - for entry into service or periodic confirmation of mental state, the citizen himself is interested in receiving the document.

If the certificate is not submitted on time, or the citizen refuses to receive it, the refusal to hire or extend an official relationship will comply with the law.

Basic documents for obtaining IPA

To obtain a PND certificate, you do not need to collect a large set of documents, since the issuance of such documents is subject to the general rules for the provision of medical services. If you are applying to a public health facility, you need to provide:

• passport of a citizen of the Russian Federation;
• military ID - for military personnel serving under conscription or contract;
• compulsory medical insurance policy;
• SNILS certificate.

When contacting a private medical organization for examination, the compulsory medical insurance policy may not be presented if the service is provided on a paid basis. However, most private clinics currently also accept compulsory medical insurance on a general basis.

  Dacha amnesty

The most controversial issue is the payment for issuing the certificate.

If you are undergoing a medical examination to check your health status, the cost of the specified certificate will be included in the general cost of the medical examination (for example, when passing a medical examination for your license, you pay a single amount to the cash desk of the medical institution; you do not need to pay separately for the certificate). The situation is similar with a referral issued by an employer - in this case, the medical examination or examination has already been paid for, and the citizen does not have the right to demand money.

If a PND certificate is issued upon passing mandatory medical examinations, the citizen must submit personal photographs (for example, for an examination for a certificate from the traffic police, 2 photographs measuring 30 x 40 mm are submitted). Photos need to be submitted not to the PND, but to the doctor to issue a final certificate or report on the state of health.

If obtaining a certificate is not related to undergoing a medical examination at the place of work, you must pay for IPA services. Depending on the region or locality, the cost of issuing a certificate may differ; we will consider this issue below.

Expert commentary.

To do this, you must have a child’s birth certificate indicating information about the parent, or a court decision on adoption, establishment of guardianship, etc.

Timeframes and costs for obtaining an IPA certificate

In most cases, an IPA certificate is issued directly when a citizen applies; filling it out takes a few minutes.

If in order to issue a health certificate from a dispensary it is necessary to undergo an examination, the period for preparing the document will depend on the duration of the procedures (usually from 1 to 3 days). If dispensary observation is introduced in relation to a citizen, i.e.

he is registered, a certificate indicating health restrictions is issued by the attending physician, and the period for its preparation may increase by several days.

The amount of payment for issuing certificates is approved by the compulsory medical insurance program or an act of the medical organization. In 2018, the cost of an IPA certificate will range from 700 to 1200 rubles, and the exact amount of the fee can be clarified at the clinic you are contacting. As a rule, payment is made to the cash desk of the medical institution, for which a confirming payment document will be issued.

How to get an IPA certificate for free yourself

To obtain an IPA certificate independently and free of charge, you need to contact a public medical institution at your place of residence, i.e. at the place of registration. This fact will be confirmed by the presentation of a compulsory medical insurance policy and a passport with a registration mark.

When applying for a certificate, it is tedious to take into account the operating hours of the medical institution. As a rule, there are regulated hours and days for issuing certificates. Obtaining an IPA certificate on an extraordinary basis may be a paid service; please clarify this point when applying.

The law does not limit citizens to the number of requests for a certificate; they can be received repeatedly, as needed. Please note that the certificate indicates the date of its issue. This means that the information in the certificate will correspond to reality only at the time of its issue.

  Register of house owners

Where is the IPA certificate used?

First of all, let's consider cases when obtaining an IPA certificate is a prerequisite:

• when completing training at a driving school and subsequently applying for a driver’s license (PND doctors must confirm the absence of a contraindication for driving);
• upon admission to an educational institution that has a military department, or to a university or school with military specialization;
• to obtain or renew a license to own a weapon;
• when considering an application for adoption or establishment of guardianship;
• to formalize labor or service relations with certain categories of employers (for example, when joining the service in the Ministry of Internal Affairs).

Note! If a certificate is needed to obtain a driver's license, the fact of dispensary observation does not deprive the person of the ability to drive a car or other vehicle. However, the attending physician may indicate in the certificate a number of contraindications and restrictions for driving - for example, a ban on driving public transport.

An IPA certificate is often required to verify the legal purity of transactions. This is due to the provisions of the Civil Code of the Russian Federation, which allow a transaction to be challenged and declared invalid if the other party was unable to understand the nature of its actions or was declared incompetent.

Please note that the IPA certificate itself cannot indicate factors that impede the completion of the transaction. Even if a citizen is undergoing medical observation, he is legally competent. Only the court has the right to establish possible restrictions on legal capacity.

Since January 2018, citizens are checked for limitations in legal capacity by a notary when certifying a transaction. Here are the nuances you need to know to carry out this procedure:

• a notary must certify only a limited number of transactions - contracts with real estate that is in shared ownership;
• a notary can certify other types of contracts only on the personal initiative of the parties to the transaction;
• To verify the legal capacity of the parties, a request is sent in electronic form, and a corresponding clause is included in the contract.

In addition, the notary must make sure that both parties understand the nature of their actions and make the transaction in good faith and without coercion. This check occurs directly during the certification of documents. If there are reasonable doubts, the notary has the right to refuse to certify the agreement.

Verification of the legal purity of the transaction by the participants themselves, or with the help of a realtor, occurs by studying the title documents for real estate, as well as a number of other forms and forms.

Obtaining a PND certificate will not completely eliminate the risk of the seller’s incapacity, however, the buyer may refrain from completing the transaction if he has information about the other party being registered at the dispensary.

However, the certificate does not indicate the specific diagnosis for which the citizen was registered.

Expert commentary.

Obtaining a PND certificate to verify the purity of the transaction is voluntary. The seller cannot be obligated to obtain such a certificate; this document is not required by law to register the agreement. Therefore, the decision to enter into a real estate or transport transaction must be made based on the results of an assessment of the entire set of documents.

The participation of an experienced lawyer in such an audit will significantly reduce the risk of loss of funds and property.

Still have questions? Call our specialists, we work seven days a week, and consultation is free! 8 (499) 703-35-33 ext. 415 - Moscow; 8 (812) 309-52-81 ext. 976 — St. Petersburg

Certificates from PND in housing transactions: guarantor or defective insurance | Reasonable Real Estate

On September 17, 2023, Bank St. Petersburg held a business breakfast on the topic “The practice of using escrow accounts when processing transactions. Analytics for 2 years." Bank specialists shared analytics on all aspects of transactions carried out since the launch of the project. They told how the product has changed over the past...

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Round table: The essence of real estate services: how to convey its value to the client. Is the real estate market possible without a real estate agent? And if not, what is the role of the realtor in this process?

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Article. 06/21/2015 Print version

When making purchases, especially large ones, we want to be sure that the purchase is reliable and that our hard-earned money is not thrown away. The same with an apartment - we are looking for guarantees that we will not be deceived and the chosen living space will become a home nest for many years. One of the unpleasant surprises that awaits real estate buyers is the cancellation of the purchase and sale agreement.

Termination can occur in a number of cases, one of which, if the purchase is made on the secondary market, is the recognition of the seller as incompetent. So, if the owner at the time of the transaction was registered in a psychoneurological dispensary, he can subsequently regain his housing by proving in court that he did not understand the essence of the actions he was committing.

Buyers of the St. Petersburg real estate market are increasingly trying to protect themselves from such an incident and ask the seller to present certificates from the narcological (ND) and psychoneurological dispensaries (PND) in advance. But can certificates from the PND be a guarantee against unpleasant excesses and the machinations of fraudsters? Experts on the St. Petersburg real estate market say not at all.

Risk group

According to Marina Gusakova, manager of the company “Advex on Lanskoy”, it is hardly possible to completely secure the transaction with the help of this certificate, but, nevertheless, according to real estate practice, it is still better to insure yourself in this way:

- The certificate must be taken on the day of the transaction, and the text must indicate that the person can carry out real estate transactions.

At the same time, according to the expert, there is a category of home sellers who are more often than others asked to present a document confirming their legal capacity.

- The question of a certificate from the IPA worries the buyer, as a rule, in the case when the sellers are elderly people.

It all depends on the seller’s motivation: if he is interested in selling, he will take these certificates,” says Marina Gusakova.

On the issue of legal capacity

As already noted, a purchase and sale transaction may be declared invalid if it is concluded by a person who is not able to understand the essence of his actions or manage them. Art. speaks about this. 177 of the Civil Code of the Russian Federation.

If it is proven in court that the citizen was insane at the time of the transaction, then it will simply be annulled. It is based on this fact that buyers ask the seller to provide a certificate.

However, a person registered at a psychoneurological dispensary (PND) may or may not be deprived of legal capacity.

- In the first case, he cannot independently conduct real estate transactions; a guardian will do this for him with the permission of the guardianship authorities.

If legal capacity is preserved, then he has the right to conduct transactions.

However, if it is proven that at the time of the transaction the citizen was not aware of his actions, the transaction will be canceled,” comments Elena Ledovskaya, Sales Director of the Ithaca Academy of Sciences.

Marina Gusakova recalled that only a court can declare a person incompetent. But in this case, he has a guardian who performs all actions on behalf of the ward.

- Our citizens, and some realtors, often confuse concepts such as being registered with the PND and incapacity. I would like to remind you that only a court can declare a person incompetent, and then he has a guardian who performs all actions on behalf of the ward. A mentally ill person is not always in an inadequate state.

This is the main difficulty, because transactions with it are considered high-risk transactions. If the apartment belongs in whole or in part to a person registered with the PND, this significantly increases the risk of the transaction being contestable.

Relatives who previously showed no interest in the fate of the apartment owner may appear out of nowhere.

Legal subtleties

The legal side of the issue is this: if a person is registered with the PND and is declared incompetent, he is assigned a guardian who has the right to regulate property and other issues. And the guardian will most likely challenge the purchase and sale transaction.

It is more difficult if the seller is registered with the PND, but for some reason decided to hide this fact at all costs.

Sergei Vishnyakov, manager of the Prime Quality real estate transaction support service, emphasized that it is legally impossible to force the seller to present a certificate from the IPA.

- In fact, the law does not require the provision of certificates from the IDP and ND for making real estate transactions, therefore all the buyer’s requirements for the seller are not mandatory. It is impossible to influence the seller legally,” the expert said.

The risk of being deceived twice: corruption component

Experts in the St. Petersburg real estate market note that even if the seller has presented a certificate from the PND, it is impossible to verify its accuracy, and, unfortunately, there is a risk of being deceived twice. The corruption factor should not be written off.

- It is impossible to protect yourself 100% with the help of a certificate. It may turn out to be fake. There is no way to check its authenticity, since the certificate is given to the patient personally,” says Elena Ledovskaya.

You should also remember that the document is provided by a specific dispensary.

- One more point - the certificate is issued by a specific dispensary; they do not have a common database. If a person was registered in one area and then moved to another, there will be no information in the new PND. What will the certificate give then? That’s right, nothing,” says Sergei Vishnyakov.

Guarantor or defective insurance: expert advice

And yet, comparing all the pros and cons, it can be argued that certificates from the IPA when making real estate transactions are an uncertain weak insurance, a straw that you can grab onto. Nevertheless, in order to avoid unnecessary risks, it is better to refuse dubious transactions or insure these risks.

- Cases of challenging transactions of this kind, of course, exist, but they rarely concern real estate agencies. Mostly, troubles occur with buyers who make transactions on their own, seduced by a low price.

In any case, the advice is this: if you undertake such a transaction, then clearly understand that the seller’s position will not worsen during the transaction, and it would be a good idea to insure it.

If the insurance company does not undertake to insure the risks, this is most likely a “stop!” signal,” comments Marina Gusakova.

- At the moment, buyers are increasingly demanding such certificates. On the one hand, it is correct that at least in this way obvious problems when buying real estate are eliminated. But you still need to understand that having a “clean” certificate from the IPA is not a 100% guarantee against the risk of the transaction being declared invalid.

Elena Ledovskaya advises, if possible, to refuse dubious transactions:

― The certificate cannot be given a 100% guarantee. It is best to refuse such transactions altogether or call forensic experts to the transaction, who will testify that the person was in a sane state at the time of its commission.

Smart Real Estate

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[email protected]: Certificates from MND and ND for the sale of an apartment

What did you smoke, that you want to go to PND and ND to sell an apartment? You can also go to the Department of Internal Affairs, FSB and FSKN for formalities

All these certificates are collected by agreement of the parties. You will receive certificates from dispensaries stating that you are not registered, but this is not a guarantee that the person does not suffer from mental disorders or does not suffer from alcohol or other addiction.

It is better to have such certificates from the seller - they remain with the buyer - so that there is no chance of terminating the deal due to a purchase from a moron who is registered.
Get it at the dispensary at your place of residence.

This is not a guarantee at all. if it is registered, it may or may not be capable. if he is not legally capable, then there must be a guardian. and there are those who are at times either capable or incapacitated. Then their relatives shout in court that he had an eclipse! They begin to order a medical examination to determine that he was incapacitated at the time of the transaction. when the money is already there.

If your buyer demands it and there are no others on the horizon, then you will have to present it. Although this is not necessary. They are afraid to contact the incapacitated. This is a neurological clinic and drug treatment clinic in your city. Show your passport. If you are not registered and not listed in the card index, then a certificate will be given.

These certificates are not needed. But sometimes buyers ask to receive them. If you are interested in a buyer, which is quite natural given the current dead market, take these certificates. They are issued at the Psychoneurological and Narcological dispensaries in your area, and are done immediately. By the way, you can also demand such certificates from them in retaliation.

You can do without them if you are the seller of an apartment and the buyer demands them from you.

Some realtors or even the buyers themselves try to check the apartment for cleanliness, so these certificates are sometimes necessary, but if you don’t have time to do this, you can contact the Etazh real estate agency, and all additional information is available at http://etagrealty.ru/spravki- pnd-i-nd/, everything is clearly formulated there.

Look, to check an apartment you need checks through the so-called “channels” in some “structures” that I will not name. Not all realtors and not all agencies can get them. 90% of realtors and lawyers are checked using ordinary certificates, which, in fact, are of no use... like the Unified State Register of Real Estate, the so-called “archives”, PND certificates, extracts from the house. books, etc….

All sorts of banks, notaries, MFCs and others do not check apartments at all, and the realtor’s task is to “sell” you an apartment from the seller - the seller pays him money for this, and your task is to find all the defects hidden in the apartment. For example, why don’t banks check the apartments for which they issue a mortgage? That’s why they insure their risks. i.e.

That is, not a single bank will issue a single mortgage loan without special insurance, and you will pay for it, but the bank needs it.
Look at the information on the link, everything is very detailed about this there. Essentially, you need to check the following and I’ll start with the most important: 1. Has information on the owners of the apartment ever been deleted from the PND/ND registers?
2.

Checking the owner for changes in the past of any personal data (for example, last name)
3. Checking the owner of the apartment for possible “bankruptcy”, in accordance with the new federal bankruptcy law number 127 (FZ -127)
4. Were the apartment registered when -or various legal entities (enterprises, firms.. LLC, individual entrepreneur)
5.

Registration packages or extended history of transfer of ownership
6. Was maternity capital, subsidy, etc. used in the history of the apartment?
7. Complete history of arrests, encumbrances and information bans
8. Extended (full) history of persons registered in the apartment since the construction of the house
9.

PND / ND for all previous owners (owners' spouses*) and users of the apartment
10. History of notarial papers for the entire history of the apartment (consents, powers of attorney, statements, obligations, etc.)
In addition to this, there is a whole bunch of other additional ones. checks, such as BTI, passport verification, debt for utility bills, etc.

Moreover, if you don’t check all this... you won’t have to sleep peacefully anymore...
I recommend that you watch the lecture at the link, it’s all explained in great detail there. You can order all these checks separately there, and do the transaction yourself... it will cost a penny.