Purchasing real estate on the primary market usually does not raise concerns about its legal purity. But secondary housing can have many unpleasant surprises, especially regarding encumbrances. Therefore, such objects need to be checked carefully to avoid adverse consequences.
A series of checks will help to insure the transaction. First, check all title documents and their authenticity. Then order and receive an extract from the Unified State Register of Real Estate, pay attention to the absence of encumbrances and restrictions.
The legislation of the Russian Federation, with rare exceptions, allows such real estate to be sold and then additional responsibilities are transferred to the new owner. Some people deliberately buy, for example, an apartment with an encumbrance, since its price is much lower, but here it is important to know how difficult it can be to remove the encumbrance.
What is an encumbrance?
The concept of encumbrance means any restriction imposed on real estate by virtue of a concluded agreement or law. The owner is then limited in its use or disposal. Since the encumbrance concerns the object, all restrictions, debts and obligations along with it pass to the new owner in the event of a sale. This can be avoided by stipulating options for their withdrawal in the transaction agreement.
Types of encumbrances on real estate
Order of the State Land Committee of the Russian Federation dated November 22, 1999 No. 84 “On the implementation of documents for maintaining the state land cadastre” identifies the main types of encumbrances on real estate:
- the right of use (including lease, gratuitous use, lifelong maintenance and easement) can be established for at least a year;
- trust management (in case of bankruptcy, inheritance relations, guardianship, trusteeship);
- pledge;
- arrest;
- restrictions imposed by authorities regarding the disposal and use of real estate, as well as on the performance of a number of works;
- other transactions provided for by law that encumber the property.
The grounds for establishing restrictions may be:
- a court decision that has entered into force;
- transaction with the conclusion of an agreement;
- act of local administrative or government bodies;
- by force of law.
How are the rights of the owner of real estate with an encumbrance limited?
1. Rent. In the case of a lease, a corresponding agreement is concluded. If the owner of the property wants to sell it, it is not terminated; obligations under the contract are transferred to the new owner for the entire period of validity.
2. Deposit. An encumbrance arises on the basis of a contract and under obligations. As a rule, property is pledged as collateral to obtain certain cash loans. The encumbrance is removed after the debt is repaid. The transfer of ownership to another person can only be carried out with the consent of the mortgagee.
With the consent of the pledgee, the owner is not prohibited from alienating the pledged property or transferring it for temporary use. If it is sold to pay off a debt on a mortgage loan, then the owner is obliged to vacate the occupied real estate. At the same time, the law provides for the owner’s opportunity to go to court and, by its decision, obtain housing for temporary use or delay the sale of property. The period is set to no more than one year.
3. Rent. The annuity agreement stipulates the lifelong maintenance of the property and its owner. This could be a purchase and sale transaction, where the previous owner retains the right to reside in the given living space for life, or not only to reside, but also to be a dependent.
In case of lifelong maintenance with dependents under the contract, the recipient of the annuity transfers the property to its payer. The latter assumes the obligation to support the person specified in the contract. Any legal actions with such real estate require the consent of the rent recipient.
Establishes a limitation for a period of at least one calendar year. The right to use burdens the one to whom it is granted.
Such agreements are beneficial to both parties. For the owner, the fact that he receives lifelong maintenance at the expense of the recipient, who also pays utility bills, without losing the right to live in the apartment. For the rent recipient, this agreement is beneficial for the reason that he ultimately receives an apartment. The encumbrance is removed after the death of the owner, who was a dependent and transferred his property under the contract.
Rent encumbrance imposes the risk of cancellation of the annuity contract by the annuitant upon the occurrence of certain conditions.
4.Easement. The right of a stranger to use property that belongs to you. For example, in the case of walk-through rooms, when it is not possible to get into your own room other than through the walk-through.
There are several forms:
- Private easement used when other people use your property for their own benefit. It is established on the basis of an agreement, which must be registered with Rosreestr, or a court decision. In this case, the owner can completely dispose of his home, but the easement will continue to be in force.
- Public easement imposed on the basis of an agreement between an individual and the state. This form is possible, for example, if a residential property is located at the site of the planned construction of a new road. Then apartment owners are offered housing for relocation or monetary compensation.
The encumbrance of an easement does not deprive the rights of ownership, but imposes restrictions on the owner; in the case of a public easement, there is the risk of receiving insufficient compensation for housing or the risk of providing less comfortable living space.
5. Trust management. It can be installed in several cases, the most common of which are:
- bankruptcy;
- inheritance relations;
- guardianship;
- care.
- In this case, ownership rights do not pass to the trustee. But it undertakes to manage the property in the interests of the copyright holder himself or another person specified by him. An agreement on the transfer of property into trust management is an onerous document.
6. Seizure of real estate. Serious troubles can arise for the seller when the buyer of a home encumbered with a lien is denied registration. The seller may be held liable for fraudulent actions based on the buyer's claim.
The seizure of housing deprives the owner of the right to alienate it (sell, exchange). If you try to ignore this encumbrance, any concluded contract will be considered invalid and canceled.
7. Mortgage. When applying for a mortgage loan, the bank, as a rule, places an encumbrance on the property under which it is taken. The encumbrance is removed only after full repayment of the debt and interest on it.
During the entire period of using the mortgage, the owner can, with the consent of the bank that issued the loan, register his family in the living space, use it without restrictions, but cannot alienate it.
In rare cases, a bank may agree to sell an apartment encumbered with a mortgage, but loan repayment options must be discussed with the buyer. This could be transferring the loan to the new owner or repaying the buyer's funds on behalf of the seller. Any agreement must be in writing and certified by a notary.
A significant risk is the possibility of being left without an apartment if it is impossible to fulfill debt obligations to the creditor.
8. Encumbrance in the form of debts, undischarged people and minors will entail the need to pay utility bills, taking into account all persons registered in the living space. You can check the presence or absence of registered residents by obtaining an extract from the house register. It also lists those who are temporarily absent and have the right to register again upon their return. These are people deprived of their liberty, temporarily in special institutions, on long business trips, etc.
By law, citizens registered in an apartment are required to check out after its sale. Otherwise, the new owner may evict them in court. However, registered citizens can also protest the transaction agreement and have it declared invalid.
It is impossible to discharge minor children in court. Children under 18 years of age are recognized as legally incompetent and their rights are represented by their parents (guardians). Extract from an apartment and its sale can only occur with the consent of the guardianship and trusteeship authorities and a guarantee of the children’s registration in another residential area.
How can existing encumbrances be removed?
Encumbrances must be removed immediately after the reasons that gave rise to them have been eliminated. All actions related to the creation and removal of real estate encumbrances must be registered with the Rosreestr authority.
To remove restrictions, the owner must contact the Rosreestr branch or through the MFC with documents confirming the elimination of their causes. In some cases, the presence of the person who initiated the imposition of the encumbrance will be required.
If it is impossible to remove the restriction in the usual manner, you can restore your rights in court by presenting all the evidence. Then, if the decision is positive, the owner applies to Rosreestr with a court decision.
If there is a court decision to terminate the arrest, then this fact is also entered into the register.
The encumbrance under the mortgage loan agreement is terminated in the following cases:
- full repayment of the loan and interest thereon,
- on the grounds provided for early termination,
- destruction of the property that served as collateral,
- selling the property to repay the loan.
Information on the removal of the encumbrance is processed at the Rosreestr branch within three days from the date of submission of the application. There is no state fee for these actions.
Is it possible to sell encumbered real estate?
If the real estate is pledged to the bank, then any transaction for its alienation requires consent from the bank. All mechanisms for completing and approving a transaction are usually prescribed in the agreement, where the given object appears as the subject of collateral.
Real estate encumbered with lifelong maintenance can only be sold with the consent of the annuity recipient, certified by a notary.
All actions for the sale of objects that have been seized or prohibited from any registration actions are completely excluded. Such serious encumbrances make the transaction invalid. It becomes possible to sell property only after restrictions and seizure are lifted.
There are serious risks for the buyer:
- Loss of rights to residential real estate by a new owner, which may occur as a result of a challenge to his rights by the previous owner or third parties.
- Recognition of the completed transaction as invalid upon the application of persons applying for this housing.
- Termination (cancellation) of a contract (when a life annuity acts as an encumbrance) upon the occurrence of certain conditions, the initiator is the recipient of the annuity.
- The copyright holder has the right to reclaim residential space, which is housing pledged to the bank under a mortgage, as well as under a public easement.
- The emergence of unforeseen expenses. These include costs associated with the reconstruction of premises in architectural monuments.
How to check real estate for encumbrances on the Rosreestr website
You can always get up-to-date information about real estate, including the presence or absence of any restrictions and encumbrances, on the Rosresstra website in the section “Reference information about real estate objects online.” It also indicates what type of encumbrance is present, as well as the date of its occurrence. The service is of an application nature and is provided instantly and free of charge.
The step-by-step procedure for obtaining information can be represented as follows:
- Go to the Rosreestr website in the Reference information section.
- Enter the full address of the object of interest or its cadastral number in the fields. Then click on the “Generate request” button. If, after filling out the address fields, the system could not find the property, then try resetting the fields with the region and locality.
- As a result of the search, the full address of the object and its cadastral number are obtained. After clicking on the line with the address, full information about the property of interest will open.
- In the “Rights and Restrictions” section you can see the number and date of the document confirming the registration of ownership, as well as encumbrances, if any.
Please note that this information is for reference only. Full information about the property that interests you is contained in the extract from the Unified State Register of Real Estate.
How to find out whether the encumbrance on the apartment has been removed after purchasing online, i.e. without leaving home, find out the available methods, their pros and cons and detailed instructions.
There are only two online ways:
- section “Reference information on real estate objects online” on the Rosreestr website;
- electronic extract from the Rosreestr database - EGRN.
How to find out if the encumbrance on an apartment has been removed Online
The first method in practice has a number of disadvantages:
- The information on the Rosreestr website is not always accurate due to irrelevant updating of the data that is uploaded to the website;
- Data on the encumbrance imposed on the property may not be complete, i.e. it is not indicated in detail, for example, who has the apartment as collateral. This is inconvenient, because when refinancing, it is important to know when the encumbrance of the bank in which you repay the loan ahead of schedule with the money of another bank is lifted in order to continue re-registration of the apartment in Rosreestr;
- Also, sometimes this service is unavailable, i.e. you open the specified page, but there is simply no form for creating a request;
- Just as often, when trying to find out information by “Address”, the form displays the message: “No data was found that satisfies your request. Try changing your request." Although why would you change it if you know for sure that an apartment actually exists at this address!
Disadvantages of the USRN online service:
The USRN extract does not contain the shortcomings listed above. You will receive the required data from the Rosreestr database, fresh and reliable with detailed information. The downside is that this paid service costs 119 rubles.
An electronic extract from the Unified State Register of Real Estate is suitable for you if:
- it is necessary to find out whether the restrictions (encumbrance) on the apartment have been removed;
- you are a citizen or not a citizen of the Russian Federation;
- find out information on any type of real estate (land, house, apartment, etc.);
- Do you want a readable version for your computer or smartphone;
- Do you want to print the statement on a printer?
Let's compare the convenience and advantages of both methods:
| Options | Rosreestr | EGRN service |
| Cost, rub | 250 | 119 |
| Receipt time | up to 72 hours | within 1 hour |
| Readability | PC only | PC, smartphone |
| Additional software | install the program | no programs |
| Statement format | file.xml | PDF, HTML |
| Order fields | more than 5 | 4 |
| Passport details | required | Not required |
| Fill time | from 15 minutes | from 3 minutes |
| Estate plan | There is | No |
| Availability of digital signature | No | Yes |
| Basis of encumbrance | No | Yes |
| Expiration date of the encumbrance | No | Yes |
| Legal force | Yes | Yes |
Currently I use instead of the Rossreestr website, because it is more reliable, cheaper and convenient
How to check whether the encumbrance on an apartment has been removed for free (Rosreestr website)
Detailed instructions with pictures, you must enter the address (cadastral number) of the property using this link: https://rosreestr.ru/wps/portal/online_request
When typing “Addresses”, follow the pop-up tips. “Subjects” are the edges of the region, etc., cities of federal significance. If the property has a building or structure, please indicate.
In the search results, the apartment address will be clickable - click on it and a form with the available data will open.
Click on the inscription “Rights and restrictions”, information will appear, for example, about the presence of an encumbrance, for example “Pledge by force of law”, i.e. the presence of a bank mortgage.
Please note that in this example, the information was updated on February 22, 2018, which indicates that the site database is not updated frequently. In the USRN service, data is updated daily.
How to see if the encumbrance on an apartment for 250 rubles has been removed (Rosreestr website)
You can order an extract from the Unified State Register of Real Estate to check the presence or absence of an encumbrance using this link: https://rosreestr.ru/wps/portal/p/cc_present/EGRN_1
Like many official documents that require a lot of data to fill out, the Rosreestr website presents a four-step form for filling out an application for an extract. All items marked in red are required to be completed.
At the same time, be prepared that the page will freeze when entering data, and when you find the desired region or city, the screen will also twitch.
Then we move on to the second step.
Second step: fill in the information from your passport: full name, date of issue, number and series, check the box to consent to the processing of personal data.
Third step: attach a power of attorney if you are acting for someone. If not, then go to step 4.
On it, you check the data you entered and send a request for execution. Don’t rush to rejoice, you still need to pay 250 rubles and wait for an email notifying you that your checkout is ready.
Not the easiest way to obtain information from the Unified State Register of Real Estate has been completed.
How to find out whether an apartment has been released from encumbrance: online service of the Unified State Register of Real Estate
The Unified State Register extract is intended to provide official and up-to-date data on changes in information on real estate objects included in the database of the State Real Estate Register.
The certificate contains a lot of information about the apartment (object, land plot), and the owner, as well as the presence or absence of arrests, encumbrances and other restrictions on the disposal of property.
In the example under consideration, we are interested in the content of the clause “Limitation of rights and encumbrance of a property.”
Options for its content:
“By virtue of law” - real estate pledged by the bank;
“Not registered” - no restrictions or encumbrances
“Arrest” - a court seizes real estate
An example of an extract from the USRN service, with a highlighted section of data on the imposed encumbrance:
You learned how to see whether the encumbrance has been removed from an apartment in various ways, services, free of charge and for 250 rubles, on the Rosreestr website and the Unified State Register of Real Estate service, choose one that is convenient and accessible to you!
What complicates the presence of encumbrances on housing, what are its types, and is it possible to dispose of an apartment with such restrictions? You will learn how to remove the encumbrance or sell the property with it by reading this material.
What it is
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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In some cases provided by law, restrictions are imposed on the disposal of real estate.
It is registered in the following situations:
- when purchasing an apartment using credit funds;
- when receiving a loan with housing as collateral;
- when paying the price in installments or with the condition of deferring the deposit of funds into the seller’s account;
- upon imposition of arrest by order of the court or bailiffs;
- when selling under a contract with alienation.
Kinds
The following types of encumbrances are distinguished:
How to find out if there is an encumbrance on an apartment online
You can obtain information about restrictions on the sale, exchange, gift or pledge or the conclusion of a mortgage agreement by ordering an extract on the property.
This action is carried out in one of the following ways:
- by sending a request on the official website of Rosreestr;
- through the commercial portal Ktotam.pro;
- in departments of Rosreestr or MFC, acting as an intermediary between the recipient of the service and a government agency.
All services are paid, tariffs are provided for by current legislation. Payment is made online from an electronic currency account opened in banking institutions, from a plastic card or in cash at bank cash desks.
Step-by-step instructions for requesting a statement.
To obtain a certificate through the Rosreestr website, you need to go to the official web resource and find the link “Receive an extract.” Next, you need to fill in all the necessary fields; it is important that the location of the object coincides with the actual address and indicated in the state register database. You can also find out information by cadastral number.
You should also click the “Generate request” button. When a window with object addresses appears, you must select the appropriate one.
The next window will display information on encumbrances.
Due to the fact that information is updated in the database irregularly, there may be discrepancies between the information and the actual data. You can get rid of difficulties by ordering a printed certificate from the Rosreestr or MFC department.
The processing time for a request through the Ktotam.pro website is reduced and amounts to several minutes. If the database does not contain an object with the specified characteristics, a corresponding order will appear. It is possible that transactions with this apartment were not carried out through Rosreestr, so you should fill out the request again or fill out an application for receiving data at the BTI, where purchase and sale agreements, exchanges, donations, inheritances and others with real estate were previously registered.
Any person can request an extract for an apartment; only the owner of the premises or an heir can contact the BTI on the basis of supporting documents in person.
You can send a request only if you have paid the state fee in advance. Its size varies for citizens and legal entities and the application procedure. Tariffs are constantly changing, so in order to avoid difficult situations with underpayment, it is advisable to check the information on official portals. You can view the amount in the electronic version of the Tax Code on websites with legal bases Consultant Plus or Guarantor free online.
At the beginning of 2019, the following values were adopted: the state duty for obtaining publicly available information from the register for individuals is 250 rubles. The document will be sent by email with the signature of the responsible person and the seal of Rosreestr.
According to the latest amendments to the law, an extract is an act confirming the right of ownership and the presence of restrictions on the object. Previously, this function was performed only by the original certificate of state registration, certifying the transfer of rights to real estate.
Information is also available to Sberbank clients in their personal account online. To receive it, you need to go to the “Payments and Transfers” section in the Sberbank@Online application.
All data must be entered carefully before sending the payment and sending the request. If the full name and real estate registration address do not match, the information will be refused.
The website Ktotam.pro has special features, where you can order an extract online.
To obtain information you need:
- Go to the portal.
- Indicate the cadastral number or address of the apartment by selecting the appropriate tab.
- Click the “Find” button.
The website provides information about all objects in Russia. Services are provided 24/7.
The certificate contains information about the owners, whether the property is under arrest or pledged.
The data in the database comes from Rosreestr. The price for one statement is 250 rubles. Payment is made on the portal online from a bank card or from e-currency wallets. The finished document arrives via email within a few minutes.
It is also possible to register to open a personal account. This function becomes necessary when sending requests regularly in order to control and organize them.
When contacting Rosreestr or the MFC, you must personally provide documents: a Russian passport, a power of attorney when requesting data from a representative, a certificate of inheritance when receiving an apartment by will or law from a relative or a third party.
Some information from the database is closed. They are not provided when preparing an extract due to the preservation of commercial, banking, service, tax and other secrets.
This is what the Rosreestr extract looks like:
When sending a request, you must keep in mind that information about applicants is stored in the Rosreestr database and can be requested by the owner or authorized bodies at any time.
Is it possible to sell an apartment with an encumbrance?
The sale or other disposition of real estate with a registered encumbrance is possible only if certain requirements are met. In particular, the written consent of the owner and the person in whose pledge or other security measure the apartment is located is issued.
In practice, the parties to the transaction often face a number of difficulties with the execution of the contract and the establishment of ownership of the object. Due to the fact that registration in any case takes place through the bodies of Rosreestr, legal control of documents is carried out for legal purity.
If there are conditions that prevent the conclusion of an agreement, the transaction will be indicated in the notice issued to the parties to the agreement.
Particularly difficult are transactions where one of the parties or the owner of a share in the right to real estate is a minor. In this case, the guardianship and trusteeship authority is involved in the case to protect the housing and property rights of persons under 18 years of age.
Certification of documents by the legal guardian or trustee of a citizen who does not have sufficient legal capacity due to age is also required.
When planning the sale of real estate with an encumbrance, the seller must notify the buyer of the imposition of these measures. Otherwise, the agreement, including the preliminary one, may be declared void due to non-compliance with the requirements of the law.
It is advisable that all restrictions on orders be removed before the transaction is carried out. This can be as payment of a debt to a credit institution against which the real estate is pledged, or closing a mortgage, or repaying a debt to bailiffs or a court decision.
You can find out whether the encumbrance on the apartment has been removed by ordering an extract using the methods indicated above. Since the certificate is valid for only 30 days, it is necessary to receive the document as close as possible to the date of registration of the contract or transfer of rights, since the information may be updated.
As an example from practice, we can cite a situation where a woman decided to buy an apartment, and the seller assured her that there were no claims of third parties on the property. Having ordered an extract, she made sure that the housing was secured by order of the court to impose a measure until the resolution of the case on the merits regarding the division of the inheritance estate, which included the disputed object.
Jan 5, 2017 10:13
grudeves_vf97s8ycIs it possible to find out in an accessible way whether there is an encumbrance or any restrictions on actions with property rights. Today this issue can be resolved very effectively and check the apartment for encumbrances online it is possible through an extract from the Unified State Register of Real Estate, which is issued in Rosreestr or on our website. If you need . Only Rosreestr, represented by the Cadastral Chamber, can give a comprehensive answer regarding what types of encumbrance there are for the object you are interested in.
Categories of encumbrance on an apartment
According to current legislation, all types of encumbrance are recorded in the USRN extract.
Information about various types of encumbrances can only be provided by judicial authorities or other authorized structures.
After receiving the relevant information, the Cadastral Chamber records the fact of encumbrance with a separate item in the Unified State Register of Real Estate extract.
Types of encumbrance can be divided into:
- Is there any collateral for the apartment in the banking structure?
- Is the fact of apartment rent recorded?
- Is there a lien on the apartment?
- Is the housing rental carried out to third parties, through the official owner of the property?
- Are third parties registered in the living space?
How to check an apartment for encumbrances online on the website
To correctly check an apartment for encumbrances online on our website, we invite users to use tips that will help them correctly fill out the order form for an extract from the Unified State Register of Real Estate and receive a document with detailed information about the encumbrance (see section No. 2 of this extract)
Why do you need to know about the encumbrance of an apartment?
As a rule, all actions of purchase and sale, donation or inheritance are carried out on the basis of contracts, which fix the terms of the agreement or other actions.
In some cases, the property owner may deliberately not disclose the fact of encumbrance to a potential interested party in order to check the apartment for encumbrance online. To make sure that the apartment does not have encumbrances, you just need to order an extract from the Unified State Register of Real Estate from Rosreestr, where you can obtain comprehensive information regarding the object of property rights to real estate that interests you.
Any interested person can gain access to information, and access is available to any apartment in Russia that is listed in the unified state register of property rights.
Created in 1998, the Unified State Register of Real Estate made it possible to return all actions with real estate to the legal channel and eliminate fraudulent actions by third parties to a minimum.
In fact, Rosreestr managed to combine into a single whole a common database regarding any property right in Russia, including apartments in new buildings, old houses, Stalin buildings, Khrushchev buildings, etc.
The acquisition of any real estate requires special attention and scrupulousness. The buyer's vigilance should be doubled if the object of purchase is square meters on the secondary housing market. First of all, you need to make sure that the desired apartment is not encumbered. Studying the issue will help you successfully complete the transaction.
According to real estate experts, the sale of secondary housing with encumbrances is a fairly common practice. Experts characterize encumbrance as restrictions on property rights that prohibit various types of manipulation in the field of real estate. The list of encumbrances is quite long. Among others:
- mortgage credit lending;
- life annuity;
- seizure of property;
- guardianship obligations;
- easement;
- belonging of the secondary living space to historical and cultural monuments;
- trust management.
By purchasing square meters, the encumbrance automatically passes to the new owner, even if there was not a word about it in the purchase and sale agreement. Most encumbrances are registered at the state level and are recorded in the certificate of ownership of the living space. But there are exceptions. These include refusal to privatize living space, the presence of heirs who were not taken into account and many other controversial situations. All of them relate to implicit types of encumbrances. In this regard, experts strongly advise collecting as much information as possible about the apartment you are purchasing.
Who holds court?
Restrictions on the right to property are imposed by the territorial Directorates of the Federal Service for State Registration, Cadastre and Cartography. These bodies directly register transactions with real estate and document all types of encumbrances. Arrests on living space are included in the list of duties of bailiffs, tax and customs services.
Needs attention
You can protect yourself and your finances by seeking help from a lawyer specializing in real estate transactions. It is recommended to pay special attention to important points.
1. Documentation:
- the seller has a certificate of ownership;
- the existence of a basis for each owner of the living space;
- the owner of the apartment must present a cadastral passport and a technical certificate;
2. The absence of persons in the living space who do not have registration in the current period, but retain the right to reside in it, including after a change of owner. So-called “temporarily discharged” persons reserve the opportunity to register in the living space even after it is sold to new owners:
- convicts who are currently in the place of serving their sentence;
- conscripts;
- children being raised in state specialized institutions;
- elderly people in nursing homes;
- citizens undergoing psycho-neurological treatment in a hospital.
3. The living space is indifferent to encumbrances involving third parties:
- the apartment is free from rental obligations;
- is not mortgaged by the bank;
- no arrest was made;
- the living space is indifferent to the rent agreement;
- is not subject to litigation.
4. Redevelopment, if it has taken place, must take place legally, which is confirmed by documents.
5. If the square meters were purchased by legal spouses and registered in the name of one of them, consent to the sale of the second spouse is required, 6. certified by a notary.
7. Drawing up a purchase and sale agreement requires official permission from the guardianship and trusteeship authorities if one of the owners of the living space is a minor.
8. Notarize the square meters against the revoked power of attorney, if such exists.
Checking the cleanliness
As practice shows, there are often cases when the living space being sold is subject to several types of encumbrances at once. The removal of the encumbrance takes place during the judicial process. A thorough study of the documentation, which the seller must provide in full, is the only sure way to check the legal purity of the apartment being purchased.
Must remember!!! It is the buyer’s legal right to require the seller to provide a full package of necessary documents.
To check the secondary living space for encumbrances, you must follow the algorithm of actions.
- From the Unified State Register Chamber or the Multifunctional Center, obtain the appropriate certificate indicating the presence or absence of types of encumbrance.
- Study the history of business manipulations with the desired living space. The real owner or his authorized representative can order the necessary documents from the State. register, Unified State Register, MFC.
- Make sure that the redevelopment is legal, if any. You can carry out the analysis yourself by comparing the apartment plan in the technical passport with the real interior. The differences indicate the illegality of the actions of the previous owners.
- Before signing the purchase and sale agreement, make sure with the help of a notary that the apartment is free from the terms of the general power of attorney, if one existed.
- Make sure that no one is registered in this living space, including the absence of temporary registration of third parties. To do this, the seller must present the buyer with an archival certificate from the house register, pre-ordered at the passport office. It is useful to compare the obtained indicators with a municipal payment receipt for an apartment, which records the number of registered persons.
- If the required square meters have potential owners in the form of heirs, it is necessary to make sure that there are no claims on their part, certified by a notary.
- The consent of the husband or wife who is the owner of the apartment being purchased must also be obtained. Provided that at the time of purchase, an official marriage was concluded between the spouses.
- You can check your apartment for utility debt by requesting the necessary certificates from the Housing and Communal Services authorities. The purchase and sale agreement must clearly state that the apartment being purchased is free from debt obligations.
Buying an apartment is a serious and responsible step. Don't rush and sign documents recklessly. A thorough study of the issue of purchase and sale, a careful vigilant attitude towards the owner will allow you to protect yourself as much as possible from unwanted troubles. Those buyers who doubt their competence are strongly advised to seek the services of professional real estate specialists.
