Is it possible and how to sell an apartment with utility debts?

The Housing Code obliges all owners and tenants of residential premises to pay utility bills on time and in full. They must do this before the 10th day of the month following the billing month. But by agreement with the management company, a different date for making payments may be provided.

Communal payments

Late payment of housing and communal services and utilities threatens the accrual of fines and penalties in the amount of the debt. Management companies have the right to post lists of debtors in public places, which serves as a moral incentive to pay off debts as soon as possible.

And in the event of a significant debt to public utilities, the owner may be disconnected from electricity, gas supply or deprived of other benefits (up to a complete stop in the supply of housing and communal services resources).

Also, enforcement proceedings may be initiated against him, involving the seizure and subsequent sale of property to pay off debts by bailiffs. If the apartment is not privatized and is operated under a social tenancy agreement, then the tenant faces eviction for failure to repay the debt on time.

If you want to find out how to solve your particular problem in 2023, please contact us through the online consultant form or call :

• Moscow: +7 (499) 110-86-72.
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Russian legislation does not prohibit concluding purchase and sale transactions in relation to apartments encumbered with debts. The main thing is that the housing being sold has not been seized by bailiffs at the time of the transaction as part of enforcement proceedings or by a court decision, or that bankruptcy proceedings have not been carried out against the debtor.

Although there will probably be few people willing to purchase such distressed housing with debts. Most buyers will be put off by the presence of debt and will prefer to consider other purchasing options.

In fact, you need to understand that housing and communal services debts are tied to the seller, and not to the property.

On what terms can you sell an apartment with rent arrears?

When concluding a real estate purchase and sale transaction with utility debts, there are some peculiarities.

Otherwise, in the future, he will be able to challenge the purchase and sale transaction in court and demand either a reduction in the purchase price, or cancellation of the purchase and sale agreement and a refund of the money.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

• Moscow: +7 (499) 110-86-72.
• St. Petersburg: +7 (812) 245-61-57.

• On his side in this case will be the Civil Code , which allows for a similar option.
• Usually, the truth about debts cannot be hidden: many realtors and vigilant buyers request an extract from a financial and personal account or a certificate of absence of debt from the Management Company before signing an agreement.
• The seller can offer the buyer several options for solving a problem situation:

1. Concluding a written agreement or preliminary purchase and sale agreement, according to which the seller undertakes to pay off debts for housing and communal services from the amount of the advance/deposit that he receives from the buyer. A sample agreement is available here.
2. Debt for utility bills can be transferred to the new owner with his consent. To do this, the parties enter into a written agreement in which the buyer undertakes to pay housing and communal services debts for the seller, or the parties include a clause on the transfer of debt into the contract. In this case, the seller makes a discount on the price of the apartment in the amount of the debt for housing and communal services.

If the buyer categorically refuses the proposed options, then:

1. The seller can try to resolve the issue of accumulated debts on his own before concluding a purchase and sale transaction. To do this, he has the right to contact the management company and ask for installment payments.
2. Conclude a purchase and sale agreement despite the debt. In this case, the obligation to repay it is assigned to the seller.

Selling an apartment with debts on utility bills

The contract for the sale and purchase of an apartment with debts is concluded on a general basis and must include:

1. An indication of the parties to the transaction: the seller and the buyer.
2. Subject of the transaction: apartment, its address, area, number of rooms, floor, cadastral number.
3. Link to title documents and property documentation.
4. Transaction price and settlement procedure. The transaction price is determined by the parties independently and should not be tied to the cadastral value of the property. The amount of debt for housing and communal services can be deducted from the total amount if the debt is supposed to be transferred to the buyer.

The peculiarity of this agreement will be that for utilities must be specified Otherwise, it can be considered that the seller did not notify the buyer about the essential terms of the transaction and he has the right to challenge the contract in court.

1. This can create a lot of problems for the seller, who will have to return the cost of the apartment and compensate the seller for the costs incurred.
2. If the seller and buyer do not have an agreement regarding the debt, then the amount of the debt must be specified in the main purchase and sale agreement; that it remains with the old owner and that the seller undertakes to repay it within a certain time period (for example, within 7 days after completing the state registration procedure).
3. If the parties have agreed to repay debts from the buyer's advance payment, then in this option the parties specify in the agreement the amount of the deposit received, the amount of debt for utilities (with a supporting document attached) and the period during which the seller undertakes to repay the debt from the proceeds.

Although not required, it is advisable to have this document notarized to reduce the risk of fraud regarding the advance/deposit being paid.

The preliminary agreement also specifies the terms for concluding the main contract.

Make a deal

The transaction process will look like this:

1. The owner of the apartment receives a certificate from the management company about the amount of debt and notifies the buyer about the amount of the debt.
2. If the buyer agrees with the specified terms of the transaction, the seller must also collect the entire package of documents at this stage. This is an extract from the Unified State Register of Real Estate, which confirms its legal status and the presence of encumbrances on the apartment in the form of a lien or pledge. It is also necessary to obtain a cadastral passport from this department. Additionally, a technical plan from the BTI and an extract from the personal account in the Criminal Code are requested.
3. The parties sign a preliminary purchase and sale agreement, which includes a clause regarding a deposit in the amount of the debt for utilities. If the contract refers to a deposit, then the seller should understand that if he evades concluding the main contract in the future, he will have to return the deposit to the buyer in double amount.
4. All persons registered in it are discharged from the apartment. The absence of residents must be documented by requesting a certificate from the passport office at the place of residence.
5. The seller pays off the debt and receives a certificate of absence of debt from the Criminal Code.
6. The parties sign the main purchase and sale agreement.
7. Property rights are re-registered in Rosreestr from the seller to the buyer.
8. The buyer receives an extract from the Unified State Register of Real Estate with a note indicating a change in the copyright holder. From this moment on, he becomes the full owner and is obliged to pay for housing and communal services.
9. The buyer notifies the management company about the change of owner.
10. The seller must report to the Tax Inspectorate and pay tax on the amount of the sale of the apartment if he owned it for less than 3-5 years. The buyer has the right to apply for a tax deduction in the amount of 13% of the purchase amount.

Notification to the management company

After concluding a purchase and sale transaction, not only the owner of the apartment changes, but also the financial and personal account, which is used to charge and pay for utilities. Therefore, the buyer needs to notify the management company about the change of owner.

The notice is written in free form addressed to the management of the management company.

The main thing is that it contains a specific request to open new account for paying fees for housing and communal services.

Attached to the notification are copies of title documents from the new owner of the apartment: a copy of the purchase and sale agreement and an extract from the Unified State Register of Real Estate indicating the change of title.

The notice must be brought personally to the subscriber department of the Criminal Code and handed to an authorized person.

The second copy with an acceptance mark must be kept until the invoice is changed.

It is also possible to send a notification by registered mail with a list of attachments.

Pitfalls for the buyer

It is worth understanding that the debts of the old owner are not transferred to the new owner after concluding a purchase and sale transaction (only if he has not expressed his consent to the transfer of debt). No one can force a buyer to pay old debts. He must pay for utilities starting from the date of re-registration of property rights in Rosreestr.

On the other hand, an unscrupulous seller may not pay his bills for a long time, which can become the basis for conflicts with the management company.

Its employees may threaten to turn off electricity, water or gas in the apartment. In fact, their actions will be illegal and most utility representatives know this. Therefore, their threats rarely turn into real actions.

But if the buyer is forced to pay other people’s bills, or is disconnected from public utilities, he can appeal to the prosecutor’s office or court.

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Is it possible to sell an apartment with a debt for utilities: features of selling an apartment if there are debts for housing and communal services

When the need arises to sell a home with unpaid bills, problems arise. And if it is not possible to pay off everything at once, the owners are looking for ways to sell an apartment with a debt for utilities. Let's figure it out: is it possible to carry out this transaction and on what conditions is an agreement with the presence of debt obligations drawn up?

Selling an apartment with debt on utility bills

It doesn’t matter for what reason, but if utility debts arise, the housing complex provides for fines and penalties within the unpaid amount. And the management company has the right to implement partial or complete restrictions on the supply of resources.

Important! According to the law, it is possible to sell a privatized apartment with debts on utility bills, but not if it is arrested by bailiffs.

Sequence of stages in the transaction process:

1. Agree with the buyer on the possible cost of the apartment and who will pay the debt and how.
2. Collect documents.
3. Conclude a preliminary agreement (you can specify the result of the agreement in it).
4. Pay off the debt or transfer it to the buyer, as agreed by the parties.
5. Sign the main purchase and sale agreement.
6. Register the transfer of ownership to the new owner.

The law does not prohibit the sale of a privatized apartment with debts.

You need to clearly understand that the debt is not assigned to the apartment, but to its owner.

Under what conditions can you sell an apartment with rent arrears?

It is not worth selling an apartment with housing and communal services debts without warning the buyer.

This may be revealed at the very beginning of the journey, and the deal will be cancelled. Or it is canceled by law after it is carried out.

Possible ways to resolve the situation when creating a written agreement:

• the seller undertakes to pay the debt from the money received in advance, as a deposit or advance;
• the acquirer pays off the debt himself, but the cost of the apartment should be lower by the amount of the debt;
• If the buyer categorically refuses to compromise, the seller contacts the management company and signs a document stating that he will pay the debt in installments.

The debt is assigned to the old l/s, registered in the name of the seller.

Required documents

In addition to the signed agreement between the two parties about the existence of debts and who will pay them, a whole list of documents (originals and copies) is required:

• passports, TIN and birth certificates of children, and everyone registered in the apartment, plus a certificate of family composition;
• marriage certificate, permission from the husband (wife) and guardianship authorities for a property transaction;
• if the apartment is privatized and there are several shared owners, you need consent certified by a notary (or their personal presence);
• documents for the ownership of the apartment, including from the Unified State Register of Real Estate;
• cadastral and technical passports for the property being sold;
• BTI plan, premises assessment report;
• certificate of the current status of the person from the Criminal Code;
• bank account details.

You also need to take a document stating that the apartment is not under arrest by the bailiffs.

Purchase and sale agreement with debt obligations

The document is drawn up in the usual form and includes standard clauses indicating:

• Full names of the parties;
• information about the object of the transaction (address, technical characteristics, etc.);
• information about documents for the right to own an apartment;
• price, and how the transaction will be settled.

If, by agreement, the amount of debt encumbrances is deducted from the cost of the apartment, the final price is indicated, taking into account the minus.

Provided that the seller pays off the debt himself, the payment period is indicated. In case of payment of a debt, both figures (advance and debt), as well as the period during which it will be repaid, are written down from the deposit amount.

The seller is given a deadline for repaying the debt upon concluding the purchase and sale agreement.

The main thing is that the fact of the existence of a debt and its amount are indicated in the contract in order to avoid the possibility of protesting it in court in the future. It is better if the document is notarized.

Make a deal

The buyer, at the negotiation stage, has the right to demand from the seller documents according to which there are no debts in this property, no one is registered (or a guarantee period for their registration) and no illegal redevelopment has been carried out.

Step-by-step transaction process:

• the seller collects documents and notifies the buyer about the existence of a debt;
• negotiations and signing of a preliminary purchase and sale agreement;
• All residents are discharged from the apartment, which is documented;
• debts are paid;
• the main agreement is signed;
• funds for the apartment are transferred, and the right to property is registered by the new owner with receipt of a supporting document from the Unified State Register of Real Estate;
• the management company is notified of the change of owner;

The former owner notifies the tax authority and pays the tax. The new owner of the apartment has the right to receive a 13% tax deduction from the amount paid.

Debt check

Article 155 of the Housing Code gives the proposed new owner the right to independently find out about the existence of a debt for housing and communal services. You can do this:

• on the website of government services, in the housing and communal services section;
• through your personal account on the UK website or by phone;
• at the bank, using a receipt;
• through the ATM menu by entering the exact address;
• in the ERC or in the coordination center associated with real estate;
• at the post office, giving the no.

You can find out about the debt for telephone and Internet from the company providing the service.

Ways to sell real estate with utility debts

To legally sell an apartment with rent arrears, people often resort to the following methods.

Liquidation of debts before sale

The method is the simplest and most understandable. The merchant cancels the entire amount of the debt from his personal income. The advantage is that it is convenient and safe for the parties. But the lack of money can be an unpleasant moment.

Bank loan

You can take out a loan from a bank to pay off your utility debt. For a potential owner, this is a plus. For the selling party - losses in the form of interest overpayment. In addition, you can get rejected.

The seller can take out a loan from a bank to pay the debt for housing and communal services.

Deposit before the transaction

The parties agree on an advance, which will be used to cancel the debt. The seller has a chance to do everything without additional costs. A buyer who does not compromise will have to be motivated by lowering the price.

Possible nuances of sale

The home owner has the right to sell the apartment with or without debts. If during his ownership the apartment was not alienated or seized, then after its sale the entire debt remains with him for 3 years. Then it’s simply written off. Demanding to repay a debt after the statute of limitations has expired, even through court, is illegal.

The purchaser who has not incurred debts for utilities has the right not to pay them. All charges for which he is obliged to pay begin from the date of registration of him as the owner. All threats to cut off the supply of resources are unlawful. You can safely contact the prosecutor's office. But the debt for major repairs, according to Art. 158. LCD, goes to him in full.

The management company cannot transfer debts to other persons. This is a criminal offense.

Written consent of the buyer

In the case of purchasing an apartment with debts, when the client agrees to assume them, it is necessary to formalize the consent in writing and describe all the nuances. Or he buys an apartment at a lower cost and pays the entire amount himself.

Or he gives a deposit, from which the merchant pays off the accumulated debt. The preliminary agreement must specify all amounts and payment terms. The agreement is written freely, but taking into account business language.

A preliminary agreement is considered an official document; it is better not to save money and have it drawn up in a notary’s office. After the conclusion of the main contract with the transfer of all information, the preliminary one is destroyed.

Reducing the cost of an apartment by the amount of debt

This option is ideal for the selling party when the amount of debt is very large and the seller himself cannot pay it. But only if the client agrees.

Notification to the management company

With a change of owner, the personal account also changes. Therefore, it is necessary to warn the management company. And the sooner the better. A new l/s is opened not from the date of application, but from the date of registration of property. There is no need to accumulate new debts that are already your own.

To do this, you need to come to the management company, homeowners association or the subscriber department of the billing company that services the address, with originals and copies of the purchase and sale agreement and the USRN extract. The application is written in free form or on a special form. If several suppliers provide services, then a statement should be written for each of them.

Not always, but it is possible to send copies of documents by Russian Post or via the Internet.

What to do if the seller hid debts

Purchasing housing with debt is fraught with pressure from the management company to repay it. According to the law, only the obligations for major repairs are transferred to the new owner, and no arguments will convince the court to cooperate.

But in other cases he will be on the buyer's side. If you have the moral strength to resist the attacks of public utility workers and defend what is right, you can fight to the end.

It is worth noting that the acquirer’s actions will be correct if he, without delay, immediately notifies of the change of owner. Moreover, in the case of replacing one RSO for which a debt arose with another, you need to find the previous one and also notify it.

There is a certain risk of losing your home without compensation when the former owner is declared bankrupt and does this within 3 years after the transaction. The housing will simply go into bankruptcy estate. This procedure may also include a person from whom the seller himself purchased an apartment (and 3 years have not passed). The consequences are the same.

It is impossible to provide for all options. But you can reduce the risk by contacting lawyers or realtors before starting a transaction. They will check the entire history of the apartment and its owners. They will insure against the seller’s dishonesty and suggest ways to solve the problem that has arisen.

You can resort to apartment insurance in case the transaction is declared invalid through no fault of the buyer. But trips to the courts are guaranteed.

When selling is not possible

The main reasons why a transaction cannot be completed:

• one of the owners does not agree to the sale;
• other persons also have the right;
• legal encumbrance.

It is extremely difficult to sell a non-privatized apartment with debts, since, theoretically, it is owned by the state. Although professional lawyers find legal but risky loopholes.

Thus, it is possible to sell an apartment with debts. But in case of disagreement, no one can oblige the new owner to pay for them.

3 ways to sell an apartment with housing and communal services debts

Article updated: August 16, 2023

Hello. I wrote this article for owners who want to sell an apartment, but are unable to pay utility bills. Let's look at the most common selling methods.

I advise owners to request in advance the exact amount of debt from their management company or EIRC. It is better to do this before showing the apartment.

Method No. 1 - money to pay off the debt can be taken from a deposit

For example, the owner’s debt for a communal apartment is 200 thousand rubles, the price of an apartment is 5 million rubles.

The buyer and seller enter into a deposit agreement between themselves. The agreement states that the buyer gave the seller 200 thousand rubles as a deposit. and this money will be used to pay off the debt.

After payment, the seller provides the buyer with a certificate of absence of debts for housing and communal services. The seller will receive the remaining 4.8 million during the purchase and sale transaction. The deposit is always included in the price of the apartment - clause 1 of Art.

380 Civil Code of the Russian Federation.

The advantage of this method is that it is suitable for buyers with a mortgage. Most banks require apartment sellers to provide a certificate of absence of housing and communal services debts. Otherwise, they will not give the buyer money on credit. Therefore, buyers can give money from the down payment to the seller as earnest money. This money will be used to pay off housing and communal services debts.

The downside of this method is that it depends on the amount of utility debt. Typically, the deposit size is from 30 to 100 thousand rubles. Once the deposit agreement has been signed, you cannot simply walk away from the deal.

This is called the security function of the deposit - clause 2 of Art. 381 Civil Code of the Russian Federation.

Therefore, the seller needs to decide whether he is ready to take such a large amount as a deposit. And return twice as much if he later refuses to sell.

Method No. 2 - the buyer pays after the purchase and sale transaction, from where part of the money will go to pay off the debt

The same example: the owner’s debt for a communal apartment is 200 thousand rubles, the price of an apartment is 5 million rubles.

On the day of the purchase and sale transaction, the buyer and the seller go to the bank and rent two safe deposit boxes. Usually for a month. The buyer puts 4.8 million rubles in cash in the first cell, and 200 thousand rubles in the second. The first lease agreement indicates that the seller will be able to collect money from the first cell only after registering the transaction, and from the second - after paying utility debts.

Then the parties submit the purchase and sale agreement to the MCF or Registration Chamber. In about a week, the seller will receive the contract with a registration mark.

He takes this agreement to the bank and takes money from the first cell - 4.8 million rubles. With this money he pays for utilities and gets certificates of no debt everywhere.

He brings these certificates to the bank and takes the remaining 200 thousand rubles. from the second cell.

Instead of a safe deposit box, you can use a letter of credit. A savings account is issued for the buyer. Money will be transferred to the seller's account by bank transfer. Accounts can be opened in different banks.

The advantage of this method is that buyers are more willing to agree to pay the seller this way, because it is safer for them and better protects their interests. Realtors also often use this method.

Minuses:

• If the buyer has a mortgage. Many banks require that there be no debts for housing and communal services. It is easier for the bank security service to refuse to apply for a loan for such an apartment. But in any case, the buyer should check everything with his mortgage manager in advance.
• More paperwork, legwork and costs for the seller. Indeed, in the purchase and sale agreement itself it is necessary to indicate the exact amount of the debt, the method and stages of settlement. Renting a locker or a letter of credit costs about 2 thousand rubles. Usually they are paid by the seller, because he is the one who makes concessions in connection with the debt.

After purchasing an apartment, you can expect a return of up to 260 thousand rubles. as a tax deduction. If an apartment is purchased with a mortgage, then a tax deduction is also due for mortgage interest - more details.

Method number 3 - transfer the debt to the buyer

Again, an example for clarity: the seller’s debt for housing and communal services is 200 thousand rubles, the price of the apartment is 5 million rubles.

The debt can be transferred on the basis of clauses 1 and 2 of Art. 391 Civil Code of the Russian Federation. The amount of debt can be written off from the price of the apartment, but this all needs to be done with documentation. The purchase and sale agreement itself must indicate:

• The price of the apartment is 4.8 million rubles.
• Debt transfer details. For example, the buyer assumes the obligation to pay the debts owed to the apartment at the address ... in the amount of 150 thousand rubles. in front of LLC "ZhEU-3" and 50 thousand rubles. in front of Gazprom Mezhregiongaz LLC.
• Maximum payment date. For example, the buyer undertakes to pay debts by February 1, 2023. Or within 30 days after signing the contract, etc.

Or the transfer can be specified in a separate written agreement, which is attached to the purchase and sale agreement. Everything must be documented in detail, here I explain why.

Advantages of this method : 1) the seller has less running around to pay the housing and communal services debt and collect certificates. 2) the seller receives the money for the transaction immediately, and not in parts as in method No. 2.

Minuses:

• If the buyers are with a mortgage, then most mortgage banks will not pass through a purchase agreement with such terms. Banks will simply refuse to issue a mortgage loan for the purchase of an apartment with such conditions.
• If the purchase and sale transaction is subject to mandatory notarization, then notaries usually refuse to certify the purchase and sale agreement with the transfer of debt (how do I know if it is necessary to certify the apartment purchase and sale agreement in my case). In paragraph 2 of Art. 391 of the Civil Code of the Russian Federation says that debt transfer is possible only with the consent of the creditor, in our case the Management Company and other organizations. Without their consent, the transfer of debt is void. Therefore, you will either have to take written consent from these organizations or look for another notary. This was the case in my practice. Two notaries refused to certify the agreement, the third agreed. As a result, the purchase and sale transaction was registered without the consent of the Management Company.

How not to sell an apartment with debts

One of my friends told me how he sold his apartment. He had debts for housing and communal services of approximately 170 thousand rubles. I decided to sell the apartment for 3.7 million rubles and found buyers. Debts for housing and communal services were written off from the price and it turned out 3,700,000 - 170,000 = 3,530,000 rubles. This amount was stated in the purchase and sale agreement. The debts for utilities were not mentioned anywhere in the documents.

An acquaintance agreed with the buyers that they would pay off the debt after the purchase and sale transaction. Everything went well - the debt was indeed closed. But things could have turned out differently. The debt could have remained with my friend, because housing and communal services debt is not automatically transferred from the previous owner to the new one. The debt hangs on the person, not on the apartment.

New owners must pay for utilities only from the date of registration of the apartment in their ownership - clause 5 of Art. 153 LC and paragraph 2 of Art. 223 Civil Code of the Russian Federation. Only a personal account has been issued for the apartment, but only the person who used these services should pay for utilities. Therefore, debts are attached to the person, and not to the apartment. The exception is capital debt.

repairs always pass to the new owner (clause 3 of article 158 of the Housing Code).

After the transaction, the new owners may request that the Management Company remove the debt of the previous owner from the personal account and make a recalculation.

The management company, of course, most often refuses to do this - it is easier for it to demand payment of debts from the current owners than to look for the previous ones and collect debts from them. In this case, the owners could sue and they would definitely win.

After all, nowhere was it written about the obligation to pay the debt for the previous owner, everything was in words. As a result, these 170 thousand rubles. I would have to pay my friend, even though he deducted it from the price of the apartment.

How to sell a non-privatized apartment with debts: myth or reality

Experienced lawyers are often asked the question: how to sell a non-privatized apartment with a debt. For two decades now, the Russian Federation has had a law regulating the impossibility of this action, however, there are several legal options for the transaction - unsafe, but quite feasible.

How to sell an apartment without privatization?

If you look at it, the owner of non-privatized housing is the state or a municipal body; only they have legal grounds to carry out transactions with housing. The problem with this situation is that registered citizens decide to sell real estate without having the right to do so, which is interpreted by government regulations as illegal actions.

However, since invention is cunning, our inventive people, accustomed to finding a way out of the most difficult and dead-end situations, have found several ways to solve this problem.

Based on the fact that all possible options for transactions for the sale of a non-privatized apartment will be quite risky, the assistance of a lawyer should include not only his competence in the field of jurisprudence, but also positive personal qualities.

Selling real estate with rent arrears

Few people know how to sell an apartment with rent arrears quickly and legally. However, such transactions are carried out regularly. Naturally, potential buyers try to avoid such problematic apartments, fearing unnecessary difficulties in decoration.

What do you need to know about the purchase and sale agreement?

But if you like the living space and decide to buy, you can find several options for a deal that will satisfy the wishes of both parties.

• Offer the buyer to make a deposit for the apartment, and use the funds received to carry out privatization and pay off debts. Since the method can be called a little adventurous, it would be useful to play it safe and notarize the guarantees. In this case, the home seller has to reduce the price for the living space or pay for the transaction himself so that the buyer does not change his decision and signs the contract.
• Use the services of an agency. For a certain fee, these organizations are ready to pay utility debts from their own funds, and after selling the apartment, deduct the required amount.
• An agency representative can independently contact the management company and assure it with guarantees of debt repayment as soon as the seller takes ownership. If the utility company gives permission, the apartment is privatized and becomes the property of the new owner under a purchase and sale agreement.

Take ownership with the help of a buyer

What to do if a tenant does not know how to privatize an apartment with a debt? There is a way, the main thing is to implement it correctly. You will need to do the following:

1. Receive information about the possibility of privatization of the apartment for sale. The bottom line is that part of state property cannot be transferred to other private owners. This type of housing includes residential premises of architectural buildings, dormitories, communal apartments, housing for military personnel, government apartments in buildings where a complex of significant works is being carried out to improve the condition of buildings and structures. If the apartment does not belong to the listed types of housing, you can begin collecting documentation.
2. Write an application to the district administration on behalf of all residents living in this living space. Attach documents to the application:

• information about the living space and a certificate with a list of registered residents;
• civil identity document;
• birth certificates of children under age;
• money quota paper:
• If a citizen falls under the category of beneficiaries, supporting documents will be required.

Administration staff consider the submitted application within 30 days, after which both parties enter into a privatization agreement, which is certified by a notary.

How to exchange a non-privatized apartment with housing and communal services debt?

It has become clear how to sell an apartment with a debt, but not everyone knows what ways to exchange non-privatized living space.

Such transactions depend entirely on the integrity of real estate agencies.

This option was often used by Soviet citizens, but even now it is an effective action in the situation with public housing.

Design nuances:

• The most important nuance is to find a person willing to formalize this type of transaction. The low cost of non-privatized housing attracts buyers, but for many this option seems suspicious, so such transactions are rarely carried out.
• It is worth finding a good real estate agency that has proven itself to be a leader in the market for sales and exchange of housing. If one is found, the buyer has the opportunity to purchase an apartment that is equivalent in price and square meters to your home. However, such transactions should be wary. Agencies do not always buy apartments back; to put it another way, they abuse trust and act fraudulently, which is interpreted by law as fraud. It is unlikely that it will be possible to prove anything in court.
• Next, you need to collect a complete list of documents with a written request to authorize the exchange transaction, and submit them to the district administration.
• After both parties sign the exchange agreement, you become the owner of the buyer's living space, and the agency, in turn, buys this apartment back, paying in cash. What is the result? All three parties are happy and have their own interests.

Carrying out such transactions is not so problematic, but the danger and risk put you in a position of long thought, perhaps justified.

There is another very risky exchange option. The lengths to which the Russians go to achieve their plans is truly amazing. The tenant of the apartment being sold enters into an agreement with a real estate agency, which will search for equivalent housing for exchange for the client’s non-privatized apartment.

Application for obtaining information about debts for housing and communal services.

Further, all registration occurs as in the first exchange option. So what's the catch? The bottom line is that most agencies offer so-called remote housing, which exists only according to documents. Thus, the seller of a non-privatized apartment exchanges it for a “dummy” and the outcome of events will depend on the honesty of the agency.

Another problem that you will have to face is finding a real estate agency. Not every intermediary organization is willing to risk its reputation for such a deal. And the main condition is the presence of a formal living space. No wonder many avoid such exchanges. Everything seems to be legal, but somehow shaky and unreliable.

Positive and negative aspects of selling non-privatized housing

Negative sides:

• Foreign citizens do not have the right to purchase such housing.
• In such a transaction, it is impossible to return costs taken into account for tax purposes.
• The buyer of public housing cannot be its full owner, even if he honestly purchased it from personal funds.
• If the buyer owns other real estate, the purchased municipal apartment cannot be privatized.
• It is possible to suffer from the actions of fraudsters during the exchange, since it is almost impossible to prove that funds for the real estate were not transferred to the seller.
• The buyer will have to independently look for funds to purchase such housing, since the banking institution does not issue loans for dubious transactions.

Positive sides:

• The entire registration procedure takes no more than 7 days.
• If you choose a government agency to complete the transaction, the possibility of fraud and unseemly actions for profit is eliminated.
• Such housing is not encumbered and cannot be used as collateral.
• The exchange agreement cannot lose legal force.

Possible invisible obstacles and difficulties

Any transaction related to a non-privatized apartment involves certain risks. The most dangerous moment is considered to be deception on the part of the buyer or a representative of a real estate agency.

It happens that, having de-registered the property being sold, funds for the apartment will never be received, or the intermediary organization will refuse to buy the property back.

Based on this, lawyers strongly recommend making inquiries about the reputation of the intermediary company whose services you plan to use.

If an interested party files a lawsuit with a request to declare the transaction unlawful, long weeks of court hearings will drag on, and no one can predict what decision the justice body may make.

If children under the age of majority are registered in a municipal apartment, this further aggravates the problem. Based on the legislation of the Russian Federation, they must be provided with housing.

Advice! It is better to spend a little more time and, without unnecessary worries, engage in the legal privatization of living space from personal financial resources. This will allow the sale to be carried out legally.

Homeowners' rights

The main idea of ​​privatization of premises is the reality that upon completion of this process, the citizen becomes the full owner and owner of the apartment. The authorized body issues two irrefutable documents:

• certificate of ownership:
• document on the transfer of ownership of housing.

After this, you can dispose of the property as you wish:

• sell
• give by deed of gift;
• apply as attachment;
• lay down the banking structure;
• to rent.

Along with the right of ownership, the owner undertakes to use the housing for its intended purpose, maintain it and pay utility bills

List of documents for the sale of housing

So, if an apartment has been privatized legally and life circumstances force it to be sold to alienate the property, it is necessary to collect a certain list of documents:

• original passports of all shared owners;
• identification codes and their copies;
• birth certificates of all minor children;
• permission of the board of trustees;
• certificate of ownership;
• technical certificate;
• Marriage certificate;
• written consent of the husband/wife if privatization was carried out in a marital union;
• when selling part of the living space, written consent of the participants in shared ownership;
• document on an independent assessment of residential premises;
• information from the BTI;
• certificate of family composition;
• document confirming the absence of debt for housing and communal services:
• personal bank account (optional)

Why privatization is needed: pros and cons.

How to avoid force majeure?

To insure yourself against possible unforeseen situations, it is recommended to document all steps of the transaction in writing:

• the fact of receipt of money is evidenced by a receipt;
• transfer of the deposit to the seller implies the existence of an agreement in which the two parties guarantee the execution of the transaction after the privatization of the housing;
• the contract must contain information about the cost of the apartment.

We found out how to sell an apartment with housing and communal services debts if it belongs to the state. However, in order not to fall into the hands of scammers, you need to be vigilant and careful.

• Such transactions are carried out with a large turnover of finances, which means that trusted persons must act as intermediaries, and information that causes the slightest degree of mistrust must be checked with special care.
• For more details about the privatization of an apartment, see this video: 

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Is it possible to sell an apartment with debts on utility bills?

Sometimes a situation arises when an apartment needs to be sold, but there is no money to pay housing and communal services debts. Taking out a loan and paying off the debt is a good option, but in this case you will have to overpay, waste time and nerves on applying for a loan. Hence, a completely logical question is whether it is possible to sell an apartment with debts for utilities.

Does the law allow this, and what conditions must the homeowner meet? So let's talk about this. A friend of mine had to deal with this issue, and they said that there were no questions, it was possible to sell the house, but some things would need to be done. Read the article for details.

How does the law regulate this issue?

To figure out how to sell an apartment with debts on utility bills, you should start by studying the legislative framework. In fact, for the management company there is no fundamental difference in who will ultimately write off the debt accumulated during the use of housing.

If the new owner pays for it, the funds will still be credited and written off. On the other hand, there are a number of points to consider here:

1. The obligation to pay for services falls on the new owner only after purchasing the property.
2. The management company has the right to withhold money from the client only after confirmation of the registration of ownership rights to the residential premises by the new owner.

As a result, it turns out that even if the management company files a lawsuit to collect the debt, the law will be on the side of the new owner.

The transfer of debt to the new owner can be carried out voluntarily, but only with the consent of each of the participants in the process. Otherwise, the issue of encumbrance will arise.

If there was one for housing, then under Art. 391 of the Criminal Code of the Russian Federation, all debts are transferred to the new owner.

The procedure for selling housing with housing and communal services debt

It is quite possible to carry out such an operation, since the debt is issued to the owner, and not to the apartment. In fact, housing is not under encumbrance. On the other hand, the debt will remain with the old owner and this may cause problems with obtaining documents. It is worth considering several situations that may arise under such circumstances:

1. The buyer gave his consent to the transaction. The sale becomes possible, but for this, the new owner is obliged to fully repay the debts on the receipts. This point should be spelled out in advance in the transaction agreement. Subsequently, a discount on housing is issued when selling, and the buyer transfers a smaller amount to the seller for the apartment.
2. The seller hid the fact that there was a debt on the apartment. This is possible at the initial stage of concluding a transaction. After the seller provides an extract from the personal account, the fact of the debt will be fully disclosed. Without such a document, the transaction will not be carried out, and the statement will show the full amount of debt for utility bills.

To avoid such situations, it is worth taking into account all the points, and it is better to write them down in advance in the apartment purchase and sale agreement.

How can you check if there is debt on the apartment?

In Art. 210 of the Civil Code of the Russian Federation states that the new owner of the property does not have an obligation to pay debts for the purchased apartment. Any demand of the management company will be groundless and unlawful. The exception is fees for major repairs. The obligation to pay assessments may arise in the event that all debts are transferred to the new owner of the property.

You can find out the amount of debt remotely or from receipts that are sent monthly to the owner’s residence address. Some of the remote methods include:

1. Personal appeal to the Criminal Code. Not a very convenient option, since you will have to go to the branch of the management company.
2. Via payment terminal. To do this, you will need the data from the receipt. It is enough to provide the necessary information to receive the data.
3. Call the service provider. You can obtain the data by the address and full name of the owner.
4. At a bank branch. The cashier accepting payments will be able to clarify the data for a specific personal account.

Additionally, you can access online services. If a certificate is needed, then the only option is to contact the Criminal Code department. Only the owner of the property or a citizen with registration in this premises will be able to receive the paper. Guardianship authorities, courts or legal representatives of home owners have the same rights.

Under what conditions will it be possible to sell a home with debts?

To carry out a transaction to sell a home where there are debts, a number of conditions will need to be met. This is mandatory, since in the future, legal proceedings may be initiated, and the transaction may be declared invalid.

The main conditions apply:

1. Notifying a potential buyer about a difficult debt payment situation.
2. Obtaining a certificate about the situation with payment of housing and communal services bills.
3. Notifying the buyer about the presence of an encumbrance. If the bailiffs seize the property, the sale of the home will become impossible.

There are several ways for the seller to resolve the debt situation. The simplest one is to pay off the debt from your own savings. Here you can borrow money from relatives or from a bank for a short period of time, with the expectation that the buyer will transfer the money for housing.

The second option is to take an advance from the buyer. Many people prefer the second method to avoid overpayment and not contact loved ones with requests. After the debt is closed, you can carry out the transaction in the general manner.

Conclusion

The article has been written and it’s time to draw conclusions:

1. The law does not prohibit selling an apartment with housing and communal services debts, but certain conditions and requirements must be observed.
2. It is important to notify the buyer of the fact of the existence of a debt, so that legal proceedings are not initiated in the future, and the transaction is not challenged by the management company.
3. The seller has two options to resolve the problem - pay the debt on their own by borrowing funds from relatives or from a bank, or take an advance from the buyer.