Selling a residential property requires knowledge of the basic legislation and a high level of responsibility on both sides. The most labor-intensive stage of the sale is the preparation and execution of documents. It is especially difficult if the buyer and seller are doing this for the first time.

It is advisable to carry out the collection and preparation of papers with the help of a competent specialist. To do this, it is recommended to contact a lawyer. Professionals will help you collect the documents necessary to sell an apartment and take into account the nuances of filling them out. An important factor is checking the authenticity of the documents provided. This will help eliminate fraud, because this involves considerable amounts.

What documents are required to sell an apartment in Moscow?

Documents without which a transaction for the purchase and sale of residential premises will be considered invalid must be available regardless of the circumstances. The sale of an apartment begins with the collection of basic papers. An agreement for which documents are collected in advance does not serve as the only guarantee of quick execution. The following documents are needed:

• passport of the apartment owner or a person representing his interests. In the second case, a power of attorney certified by a notary is also required. If the seller is a minor, a birth certificate must be provided along with an identification document. For those under 14 years of age – only the latter;
• technical passport of real estate for a period of no more than 5 years. If you discover that a document has expired, you can issue a new one by submitting an application to the BTI service;
• purchase and sale agreement in three copies (one for the parties to the transaction, and the third for the registration authority);
• papers confirming the seller's ownership of real estate, as well as a certificate of state registration.

All these papers are included in the required list of documents for the sale of an apartment - 2017 made its own adjustments to this list. In addition, in some cases additional documents may be required:

• death certificate of the spouse of the apartment owner;
• a certificate from a neurological clinic about the seller’s legal capacity if he is of advanced age;
• if the home owner is under 18 years of age - permission to sell from the guardianship and trusteeship authorities;
• marriage certificate and certified written permission of the second spouse in case of sale of housing acquired jointly during marriage;
• a certificate of absence of tax debts, if the property was received as a gift or by inheritance.

The buyer has the right to express a desire to familiarize himself with the extracts:

• from the Unified State Register;
• expanded from the house register.

With their help, you can find out the history of the apartment, and also make sure that there are no unauthorized persons, restrictions, or arrests registered in the living space. The reason for mistrust is the fact of frequent resale of property.

Now you know which documents are especially important for selling an apartment. Unfortunately, even a complete list of papers will not give a clear picture of the housing situation. Documents may be falsified. Lawyers from the Legal Resolution Company will help you check the integrity of the transaction.

The purchase and sale of real estate is accompanied by a significant risk for both parties to the transaction. To protect yourself and not become a victim of scammers, it is not recommended to carry out the necessary transactions yourself. A qualified lawyer will help you collect the necessary papers, establish the authenticity of each document and ensure their compliance.

Get support from an experienced specialist by calling the center’s official website.

Selling an apartment is a troublesome business. The difficulty lies not only in finding a buyer and preparing a contract, but also in the need to collect an impressive pile of papers. In this article we will look at what documents are needed when selling an apartment in 2020 and provide a standard list.

There is a main list of documents without which the purchase and sale will be considered invalid. It is advisable to prepare them in advance so as not to waste time after the buyer is found.

The list looks like this:

• identification document - general passport and/or birth certificate for owners under 18 years of age;
• power of attorney, if a representative acts on behalf of the apartment owner;
• marriage certificate and consent of the spouse to the transaction, certified by a notary - if the seller is married and the property being sold is jointly acquired;
• for real estate – purchase and sale agreement, deed of gift, certificate of inheritance rights, etc.;
• legal document – ​​certificate of ownership or extract from the Unified State Register of Real Estate (from 2018);
• technical documentation from the BTI (less than five years old);
• an extract from the house register received no later than one month ago;
• consent of the guardianship and trusteeship authorities, if the owner is a minor.

The apartment purchase and sale agreement is drawn up in triplicate. The parties to the transaction receive one each, and the third remains in Rosreestr.

Documents to confirm legal purity and capacity

The buyer needs to make sure that he will not lose the purchased apartment due to the revealed incapacity of the seller or citizens suddenly appearing to claim housing. It is also important for him to make sure that he will not be required to repay the debt of the previous owner.

• about the absence of debt for housing and communal services - issued by the management company;
• about the absence of registered persons (extended extract from the house register) - issued by the management company, valid for two weeks;
• about the status of the apartment’s personal account - issued by the MFC;
• from the Federal Tax Service - to confirm payment of property tax;
• from psychoneurological and narcological dispensaries - confirm the sanity of the seller.

You can check the legal cleanliness of an apartment using a single document - an extended extract from the Unified State Register of Real Estate. Only the owner can receive it. This paper contains information about all legal actions regarding real estate over the past 20 years.

The extract from the Unified State Register contains information about all transactions carried out in relation to real estate, as well as about encumbrances or restrictions on property rights.

All of the listed documents allow the buyer to assess the feasibility of the acquisition from a legal point of view. For example, if the extract from the Unified State Register shows that the apartment was resold many times in a short period of time, then the buyer may well think about the “cleanliness” of such housing.

List of additional documents for sale

Depending on the specific situation, other documents may be required. They will be necessary to ensure the legality of the transaction.

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So, if the owner of the apartment is an elderly citizen, then it is quite understandable that the buyer will want to make sure that he is fully capable. You can confirm the adequacy of the seller with a certificate from a psychoneurological dispensary.

When a minor citizen takes part in a transaction, his rights are carefully protected by the state. Therefore, the transaction will not be valid if it is executed without the written consent of the guardianship and trusteeship authorities. This paper confirms that the rights of the child are not violated.

If at the time of the sale of the apartment the owner is married, you will need to obtain written consent to the transaction from your spouse. The paper must be notarized. A marriage certificate is attached to the consent.

Documents for guardianship when selling an apartment

To obtain consent to the transaction from the guardianship and trusteeship authorities, you will need to provide the following documents to the institution:

• the child’s birth certificate and his passport, if he has reached 14 years of age;
• certificate of ownership of the apartment or extract from the Unified State Register of Real Estate;
• parents' general passports;
• preliminary purchase and sale agreement;
• application issued by a specialist of the guardianship authority.

In addition to the listed documents, you will need to provide a preliminary purchase and sale agreement for the apartment purchased in exchange, and papers confirming the seller’s ownership rights.

If new housing has not yet been selected, you must provide details of the bank account registered in the name of the minor. A similar account can be opened in Sberbank.

You can also obtain permission for a transaction through the MFC. However, in this case, the period for receiving the document increases to 18-20 days. When applying directly to the guardianship and trusteeship authorities, the review period is 10 days.

The validity period of the issued paper is three years. If the transaction does not take place during this time, you will need to obtain permission again.

Documents for Rosreestr

State registration of the transfer of ownership is a mandatory procedure after the execution of a purchase and sale agreement. To implement this, you will need the following documents:

• general passport of the new owner;
• purchase and sale agreement in triplicate;
• an application for registration of property rights will be issued by an employee of Rosreestr;
• technical documentation from BTI;
• receipt of payment of state duty in the amount of 2000 rubles.

You can also go through the registration procedure at the territorial office of the MFC at the location of the apartment. The period is 3-7 days depending on the method of submitting documentation.

If you have any questions, please seek legal advice. You can get free legal assistance on our website. Ask a question to an expert in a special window.

Now you know what documents are needed when selling an apartment in 2020. The list may vary depending on the situation. It is better to check the list with specialists or entrust the transaction to a competent lawyer.

Timely collection of documents required for the sale of an apartment is very important if you want all real estate transactions to be successful.

List of required documents

1. Passport.
Original passport required if you are . If the transaction occurs by power of attorney through a third party, a copy of the owner’s passport must be notarized. If the owner of the property being sold is a minor child, the child’s birth certificate is required, as well as an identification document of his legal representative.

2. Title documents.

Documents confirming ownership of an apartment include:
- real estate purchase and sale agreement;
- privatization agreement;
- gift agreement;
- a document confirming the right to inheritance;
- an agreement on participation in shared construction or on the payment of a share in a housing construction cooperative;
- a court decision on the transfer of housing into the ownership of a citizen.

A certificate of state registration of ownership is issued on the basis of one of the above documents.

3. Technical (cadastral) passport for the apartment.

The cadastral passport of the property must be issued no later than 5 years before the conclusion of the purchase and sale agreement. If the technical document is out of date, you should order a new one by submitting a corresponding application to the BTI. If redevelopment was carried out in the apartment after the issuance of the cadastral passport, the document also requires replacement.

4. Certificate from the tax office confirming the absence of debts.

This document is necessary for citizens who are selling an apartment received as a gift or inheritance.

5. Extract from the house register.

The owner of the apartment must receive an extract, which is valid for 30 calendar days, at the passport office or management company, providing an identification document, as well as title documents for the apartment. The statement will contain information about the persons registered in the apartment, as well as the status of the residents’ personal accounts. If there are debts on utility bills, it will be impossible to sell the apartment, so all debts must be paid off before the transaction is finalized.

6. Extract from the Unified State Register.

This document is not mandatory, but sometimes a real estate buyer requires it to complete the transaction. An extract from the Unified State Register of Rights to Real Estate can be obtained by submitting an application to the regional office of Rosreestr. The extract confirms that the seller has ownership of the apartment, which is not under arrest and is not collateral.

7. Permission from the guardianship authorities.

This document is required if the owner of the apartment is a minor child or a citizen who, due to severe disability, is under the guardianship of the guardianship authorities. Permission must be obtained by the legal representatives of the owner by contacting the guardianship authorities at the place of residence.

The guardianship will give permission to sell the home only if this does not lead to a deterioration in living conditions. The area of ​​the new apartment must be equal to the area of ​​the previous living space or may exceed it.

8. Certificate of marriage or divorce.

If the owner is married, a marriage certificate is required, as well as documented consent of the spouse to conduct the transaction. In the event of divorce or death of a spouse, appropriate supporting documents are required.

The consent of the spouse is not required only if the owner received the apartment as a gift, if the living space was inherited, and also if during the marriage the seller privatized the apartment.

How to sell your share of living space

The rules for selling a share in an apartment are separately regulated. In this case, it is necessary to formalize the consent of the remaining homeowners to sell the share in the apartment, as well as issue a written notice to the residents so that they have a preemptive right to purchase the living space. Refusal to repurchase a share within a month gives the owner the right to freely sell his share to other buyers.

The list of documents required when selling an apartment from the seller depends on the specifics of the transaction and the source of payment. When paying with your own funds and borrowed funds, the package of documents is different. It is necessary to first collect documents to register and verify the purity of the transaction. Then you will quickly close the deal and get your money.

Only the official owners of the residential premises have the right to conclude an agreement for the sale of an apartment. These are the persons indicated in the Unified State Register extract or certificate of ownership. But in some cases, the property owner cannot act as the seller or be present at the time of the transaction. Due to various circumstances. Then a legal representative acts on his behalf using a notarized power of attorney.

All adults with legal capacity can act as the seller's party to the transaction. If the owner of the apartment is a child, everything is determined by his age. If the child is under 14 years of age, parents or guardians act on his behalf. If a child has already reached 14 years of age and has received a citizen’s passport, he has the right to act on his own behalf. In this case, its representatives must express their consent in writing.

Required documents

There is a list of documents without which it is impossible to conclude a deal and apply for registration of rights. But it largely depends on the source of the money that goes to pay for the property. All documents can be divided into main and additional. Basic documents are required for direct registration of the transaction in Rosreestr. They are always required.

The list of main documents looks like this:

• passports of all owners and birth certificates of children under 14 years of age;
• apartment sale agreement;
• permission from guardianship if the owner is a minor;
• consent of the spouse if the housing was purchased during marriage;
• notarized power of attorney, if the seller cannot personally participate in the transaction;
• extract from the Unified State Register or certificate of ownership;
• act of acceptance and transfer of the apartment, signed by both parties.

When an apartment is bought for cash

This is the simplest option for completing a transaction. To register an agreement with Rosreestr, you must provide a basic list of documents. But the buyer can check the legal purity of the transaction and request the following package of documents:

1. an extract from the personal account, which will confirm the absence of rent debts;
2. technical passport for housing;
3. an extract from the house register indicating registered persons;
4. archival extract from the house register indicating those previously registered;
5. extract from the Unified State Register;
6. certificate from a narcological and psychoneurological dispensary.

If the buyer does not have his own funds, he turns to the bank to obtain a mortgage. The loan specialist will carefully check the property and require an additional package of documents. Each bank has its own list of required documents. But in general it is the same for many. The main list required for registering rights in Rosreestr remains standard.

The bank may request the following documents to confirm the legal purity of the transaction:

• preliminary agreement to conclude a transaction;
• receipt of deposit;
• archival extract from the house register;
• an extract from the personal account confirming the absence of debts on utility bills;
• certificate of absence of debts for telephone, internet and intercom;
• technical passport of the apartment;
• permission from guardianship;
• certificates from all owners from drug treatment and psychoneurological dispensaries.

When an apartment is bought with maternity capital

In this case, additional documents will also be required. Maternity capital will not be provided until the apartment being purchased is thoroughly checked. First of all, the owner will have to open a current account with Sberbank to transfer funds from the Pension Fund. This kind of money is not handed out.

Standard documents will be required to register data about the new owner of the apartment in Rosreestr. The following additional documents are submitted:

1. preliminary agreement for the sale of real estate;
2. receipt for receipt of the deposit;
3. an extract from the house register, which indicates all persons registered in the apartment;
4. extended (archival) extract from the house register indicating previously registered persons;
5. an extract from the personal account confirming the absence of debts;
6. certificate of absence of debts for intercom, telephone and Internet;
7. technical passport of the apartment;
8. certificate from all owners from drug treatment and psychoneurological dispensaries.

If minors act as the owner or co-owner of the apartment, a sales permit is required. It is issued by the guardianship and trusteeship authorities. It does not matter whether the minor owner is the sole owner of the property or owns only a share.

Permission must be obtained so as not to infringe on the child’s rights. This is necessary so as not to worsen the living conditions of the minor. Typically, guardianship authorities refuse to sell real estate unless a new home is purchased. However, it should not be worse than the previous one.

To obtain permission, the child's representatives must appear before the guardianship authorities. These persons may be parents or legal guardians. Parents must act together, even if they are divorced or previously unmarried. The following is submitted to guardianship along with the application:

• birth certificate for children under 14 years of age;
• passport of a child who has reached 14 years of age;
• an extract from the house register indicating the place of registration of the child;
• extract from the Unified State Register for the apartment;
• registration certificate for the apartment being sold;
• registration certificate for the purchased apartment.

Only the owner of the residential premises has the right to order a technical passport. This can be done upon personal application either through the BTI or through the MFC. This period is given to check the new living conditions so as not to infringe on the rights of children.

Parents or guardians draw up an application to consider the sale of old real estate and the purchase of new housing. A form to fill out will be provided by a guardianship official. The application is considered within 14 days. This period is given to check whether children will not have their rights violated. On the appointed day, you can pick up a written permit, certified by the seal and signature of the responsible person.

Important nuances

The procedure for concluding an agreement for the sale of an apartment has not changed. But you must be guided by the following important points:

1. It is necessary to draw up a transfer and acceptance certificate. It is needed to confirm the actual transfer of real estate from the old owner to the new one. This document contains information that the seller has received payment for the apartment from the new owner. The document is signed by both parties.
2. If registered persons remain in the apartment, their list is indicated in the contract. It is also indicated whether these persons can retain the opportunity to live after a change of ownership.

Thus, you should prepare the necessary documents in advance, regardless of the transaction option. In this case, you will be able to sign the contract much faster and receive your money.