Package of documents and stages of selling a house
Content
The disposal of residential real estate is an integral element of ownership and requires registration procedures with the Rosreestr authorities. What documents are needed to sell a private home, and what features of registration of such transactions are provided for by law? This article is devoted to answering these questions.
Procedure for selling a house
What documents are required to sell a home, and who should collect them to complete the transaction? A contract for the purchase and sale of real estate assets is far from the only document that will be necessary to formalize the transfer of rights to an individual residential building. Most of them will have to be collected by the seller of the property at the stage of preparing the transaction.
The procedure for alienating a house differs from a similar transaction in relation to residential premises in an apartment building, since ownership of the land must be transferred at the same time.
Thus, in order to properly prepare title documents for the new owner, the parties will need to perform the following steps:
- come to a mutual agreement on all essential and additional terms of the transaction (subject, cost, terms, etc.);
- prepare and check the package of documents required for subsequent procedures;
- draw up the agreement and the transfer act in writing;
- submit purchase and sale documents for registration activities in one of the ways specified in the legislation;
- wait for the legal examination to be carried out at the territorial office of Rosreestr;
- pick up documents confirming the transfer of ownership to a new person.
At the stage of agreeing on the terms of the agreement, the legal purity of the transaction is checked, as a result of which the seller must provide the buyer with a comprehensive set of documentation confirming the legality of the disposal of the object.
After signing the agreement, the parties must contact the authorized bodies with a package of documents for the sale of an individual residential building, on the basis of which information about the transaction will be entered into the state register (USRN).
Package of documents for selling a house
What documents are needed to sell a house in 2017? In January of this year, the provisions of Federal Law No. 218-FZ came into force, establishing new rules for registration actions in relation to real estate. All terms of a transaction concluded in 2017 must comply with this regulatory legal act.
Documents for selling a home must include:
- an extract from the Unified State Register of Real Estate in relation to the object (what it is and what it looks like, see here );
- certificate of ownership of the alienated house (if the title to it was registered before July 2017);
- cadastral passport confirming the registration of the object with the Rosreestr authorities;
- consent of the seller’s spouse to the alienation of the specified residential property ( download sample ).
In addition, documents for the house may include information about the presence of liens, as well as information about the composition of persons registered at this address. Contractors must clearly understand what forms and forms need to be collected to sell a home in order to avoid possible denial of registration .
At the same time, a transaction is made in relation to the plot located under the object. In relation to the land plot, the following forms and forms are required to be prepared:
- an administrative document from authorized authorities confirming the legality of the allocation of a plot if ownership of it is not registered at the time of the transaction;
- cadastral passport, if the plot has passed the registration procedure;
- boundary documentation;
- certificate of entitlement or extract from the Unified State Register of Real Estate.
For a land plot, the package of documents may also include a document confirming the existence of a possible encumbrance on the land.
After signing the agreement, the parties must apply for a registration procedure. To do this, the parties are given the right to submit the necessary forms in one of the following ways:
- directly to the territorial body of Rosreestr, where registration will be carried out;
- to the local Multifunctional Center (MFC), which is authorized to provide government services;
- at an on-site reception of Rosreestr officials in cases directly specified in the law.
At the stage of preliminary contact with these institutions, you can clarify in advance what documents need to be provided to formalize the sale of the house.
To carry out registration activities, the following forms must be submitted to the authorized body:
- application for registration;
- forms confirming that the seller has the legal right to own the property and the land plot (certificate, USRN extract);
- cadastral passports;
- alienation agreement, the terms of which confirm the transaction;
- passports of counterparties, as well as a notarized power of attorney for the representative (if he is involved in the transaction);
- payment order confirming payment of the state duty.
Based on the results of registration actions, the buyer will receive an extract from the Unified State Register of Real Estate, which will record the legal fact of transfer of rights, as well as other submitted documents registered with the Rosreestr authorities.
The procedure for selling a land plot is carried out simultaneously with the transaction regarding the house and follows the same rules.
List of documents for selling a house share
If the parties enter into an agreement regarding the sale of part of the property, the package of documents for the sale of the share as a whole will coincide with similar forms for the alienation of the entire building. However, when executing such a transaction, it is necessary to comply with the specifications provided for by law.
In the event of a paid alienation of a share, the package of documents for part of the house must include notification of the remaining shareholders about the sale. This category of persons has a pre-emptive right to acquire a share of the object on the same terms as those offered to the buyer. If the preemptive right is not used, the transaction will proceed according to the general rules.
In addition, the sale of shares requires mandatory notarization of the transaction. Without compliance with this condition, the documentation will not be accepted by the Rosreestr authorities, and registration actions will not be carried out. To certify the agreement for the alienation of a share, the notary must submit the same set of documents as for subsequent registration with Rosreestr.
What documents are required to sell a country house?
To sell a country house, you must first register the rights to it in the prescribed manner. Since many such objects are still not properly registered, the owner of the house has the right to take advantage of the simplified procedure for legalizing his rights within the framework of the “dacha amnesty”.
As a result of the “dacha amnesty”, the property will be registered with the cadastral authorities, and information about it will be entered into the state register. After completing this procedure, the owner will receive title documents for the plot of land and the dacha property:
- extract from the Unified State Register of Real Estate;
- cadastral passport for a residential building;
- passport for the plot of land under the object.
The collected documents in order to sell a country house must be submitted according to the general rules of the registration procedure. If the country house is located on the territory of a cooperative or other similar entity, the new owner will need to provide information about the completed transaction to the governing body of this community.
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