When buying an apartment, when are the keys transferred to the mortgage?

What does a residence permit give?

A residence permit in Russia gives a wide range of rights, in particular:

  1. Legal presence in the country.
  2. Unhindered movement within the country and abroad.
  3. After 5 years - obtaining Russian citizenship.
  4. Receiving any government services, including medical and lending.
  5. Possibility of inviting relatives to Moscow.
  6. Employment in any area of ​​the city, region.
  7. Opening your own business.
  8. Getting an education.
  9. Assignment of old-age pension.
  10. Buying or renting premises.
  11. The right to vote and be elected to local government bodies.

With a residence permit, a foreign citizen acquires almost the same rights as those born in the Russian Federation. But after receiving a residence permit, a foreigner. In addition to complying with the legislation of the Russian Federation, he must perform a number of duties, in particular, annually visit the Federal Migration Service to confirm his income and place of residence.

How to register an apartment purchased on the secondary market

If the apartment already has an owner (not a developer), the following is provided to the Registration Chamber:

  • copies of passports of the parties to the transaction;
  • application in the prescribed form (filled out by an MFC employee);
  • contract of sale;
  • documents on the basis of which it can be clearly established that the seller had legal rights to the apartment. It could be privatized, purchased, received as a gift or inheritance, etc.;
  • agreements: credit and mortgage with all attachments;
  • technical passport (optional);
  • certificate of the number of residents (legally registered). It is possible to replace it with an extract from the house register (not necessary);
  • certificates from resource supply organizations confirming the absence of debts (optional);
  • permission from the guardianship authorities, if there are minors among the owners;
  • consent to sale from the owner's wife, certified by a notary.

Important! The above list is not exhaustive. Adjustments are possible taking into account the specifics of the purchased object.

If we are talking about a private house or townhouse, you will additionally need title documents for the land plot.

Reasons for suspension or refusal of registration

The buyer collects documents, submits them to the Registration Chamber and after 5-9 days finds out that he has been denied recognition of ownership. There are many reasons for this. Let's look at the most common and significant ones:

  • the documents came from an inappropriate person;
  • the newly declared rights contradict those already registered for this property;
  • registered encumbrances have been placed on the apartment. The object cannot be transferred to another person;
  • Forged documents were submitted for registration, or the information contained in them is unreliable;
  • the lender did not consent to register ownership (if the property was purchased using borrowed funds);
  • the applicant did not provide all the required documents;
  • the registrar has not received the requested confirmation and information;
  • organizations that received interdepartmental requests lack the necessary data;
  • documents were simultaneously received from several applicants to register transactions with the same property;
  • the validity of the act or resolution on the basis of which the right of ownership arose was terminated in court;
  • the boundaries of the land plot coincide with the boundaries of another plot that has a cadastral number. Either the land plot is located on the territory of another plot, duly registered;
  • the land plot on which the residential building is built has a different purpose.

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In total, the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” lists 55 reasons on the basis of which the Registration Chamber can return documents to the applicant without consideration.

When and what needs to be confirmed?

A residence permit in Russia for foreign citizens gives many rights and freedoms, including the acquisition of real estate. Owning an apartment or long-term rental of residential premises is part of the program that should be completed after receiving a residence permit. Within a week, the holder of a residence permit must register at his place of residence. If he has not purchased real estate, he must come to the migration service with the owner of the apartment or house. Where does he plan to register? The owner writes an application to register a foreign citizen, and he receives a place of residence. Such registration will become the basis for mandatory annual notification of confirmation of residence in the Russian Federation with a residence permit.

Every year, 2 months before the end of the next year of residence, the immigrant is required to submit to the migration service a package of documents consisting of:

  • certificates of migrant's income,
  • identification document (photocopy);
  • document on place of residence and registration,
  • filling out the form for notification of confirmation of residence in the Russian Federation with a residence permit.

Important! You must submit notifications and documents to the migration service every year in order to avoid penalties (up to 7 thousand rubles) and not lead to the revocation of your residence permit and deportation.

Available methods for registering real estate in the Unified State Register of Real Estate

What to do after accepting an apartment in a new building? Register ownership of real estate. Available methods:

  • directly through Companies House;
  • At the MFC. If a particular city provides electronic registration, you can book a specific time. MFC employees do not check the correctness of filling out documents, the presence/absence of encumbrances and other possible reasons for refusal of registration. Their task is to accept documents and transfer them to the Chamber. Accordingly, the total review period is increased by 4 working days;
  • Via Russian Post with a description of the attachment. The post office employee checks the documents and seals the letter. Taking into account the timing of delivery across the country, the process of receiving a response may take several months;
  • Through the intermediary of banks. In particular, Sberbank has provided a special service for sending documents for registration in electronic format. Read more in the article - Pros and cons of electronic registration of a transaction in Sberbank

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There are 5-9 days to check and carry out the procedure. If deficiencies are identified, the documents are returned to the applicant indicating the reason for the refusal.

Important! Documents for the same reason cannot be returned for correction twice.

How many times can I apply for a residence permit renewal?

A residence permit is given to a foreign citizen for 5 years. During this time, he must annually notify the migration services of his employment and place of residence. After 5 years, the citizen can again apply for a residence permit extension. He can submit such applications an unlimited number of times during his stay in Russia.

The second option he can choose is to apply for citizenship in the Russian Federation. Then he will receive a passport of the Russian Federation. You need to find out about the conditions and the full package of necessary documents on the spot - from your migration service.

Citizens who are subject to certain government programs and additional conditions can reduce the 5-year residence permit period. You should also check with your department of the Main Directorate of the Ministry of Internal Affairs about the simplified scheme for obtaining citizenship. The main list of such citizens includes:

  • Refugees;
  • Previously had Russian citizenship;
  • Highly qualified workers;
  • Native speakers;
  • Relocation program members, etc.

Important! It should be remembered that the period of residence in the country must be continuous. Travel abroad of Russia is allowed for no more than three months a year.

Practical examples

Alina: The migration service returned me a completed notification form for a residence permit with the wording - corrections in the document. I advise everyone to fill out the notification in legible handwriting in Russian (sometimes Latin writing is required) - without strikeouts, corrections, errors, circling letters, strikeouts, unclear words, or extra spaces. Also, do not use a stroke to cover up letters and numbers. All this will prevent the timely submission of notification of a residence permit.

Damir: My friend’s residence permit was canceled altogether due to the fact that he did not submit a notification about the residence permit on time. The deadlines were the same, but he sent by mail a week later. So, carefully monitor the deadlines for applying for a residence permit and better check them with the migration service at your place of residence. Now the friend has been deported. Then he will return and begin registering temporary residence again. That's horrible! All over again.

Question answer

Kirill: What is the best way to confirm a residence permit - in person or by mail?

Ekaterina Sokolova, lawyer: To avoid unnecessary problems with living and working in Russia, you must submit notifications every year:

  • By mail, by coming to the post office in person and receiving a tear-off coupon - proof of dispatch;
  • Personally, by coming to the migration department of your area.

Everyone chooses a confirmation option that is convenient for them. Do not forget that the presence of children in the country must also be confirmed. To do this, you need to attach a photocopy of your birth certificate or guardianship document. I do not recommend sending by registered mail, as there have been cases when this communication was carried out untimely, which entailed negative consequences for the immigrant. At best, you could be fined 6,700 rubles, at worst, you could be deprived of your residence permit. Then you will have to collect the documents again. If it is not possible to personally visit the migration service, then come to the nearest post office and send confirmation - a form in 2 copies, 2-personal income tax and copies of passport pages with checkpoint marks. At the post office you must be given a receipt, which is proof that you sent the notification in a timely manner.

Lisa: According to what law are immigrants required to confirm a residence permit?

Ekaterina Sokolova, lawyer: Annual notifications about residence permits were introduced into Russian legislation in 2006. This was due to the fact that many emigrants left the territory of our country without notifying the migration services. It was decided to make confirmation of their place of residence and work mandatory and annual for those who have received a residence permit in the Russian Federation. This decision was enshrined in Federal Law dated July 18, 2006 No. 110-FZ in paragraph 6.

Lawyer Anisimov Representation and defense in court

Your new alphabet The acquisition process consists of many stages. The very first and most important question: make decisions on your own or listen to the stories of numerous advisors “with experience”? The ability to defend your opinion in disputes that will certainly arise gives you knowledge.

At one time, an agreement for the purchase and sale of an apartment was considered concluded only after registration with Rosreestr, but for several years now the agreement itself has not been registered, but only the transfer of ownership under it has been registered. This is the basis to believe that the contract has legal force with all consequences at the time of signing by the parties - the buyer and the seller.

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Private errors

Ekaterina Sokolova, lawyer: RVZ are often confirmed in the same way as residence permits. Please note that your residence permit can be confirmed by receiving a receipt at the post office. And registration of temporary residence is confirmed only by personal presence at your migration service office. Don’t complicate your life, come on time and fill out notifications at the Main Migration Department of the Ministry of Internal Affairs.

Errors often occur related to the deadlines for submitting documents to confirm a residence permit. To accurately determine the filing date, you need the original filing date and add 60 days to it.

When buying an apartment, when are the keys transferred to the mortgage?

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Many people selling or buying an apartment do not suspect that the apartment is transferred after the transaction from the seller to the buyer or physical release. one of the important stages of the transaction. The majority of people do not attach much importance to this. And they hope that everything will go away on its own. Often real estate work ends with the issuance of a certificate of registration at the registration chamber.

Lawyer's opinion and recommendation

When preparing documents to confirm a residence permit, you must indicate the time of absence from Russia. If during the year you were absent from the country half of the time, this will tell the migration services that you are not interested in living and working in the country. Therefore, your extension will be denied. Perhaps the residence permit will be terminated, and you will be deported from Russia.

If you submitted a notification confirming a residence permit later than the deadline due to objective, compelling reasons, then you should immediately submit documents confirming the fact of your employment during this period. This could be health certificates, funerals of close relatives, or other documented reasons.

If you want to live and work in Russia in the future, having received citizenship or extended a residence permit, then you must comply with the laws of our country, go through the procedures for confirming a residence permit on time, not violate the rule of law and monitor changes in Federal Law No. 115, in particular, Article 8.
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The act of acceptance and transfer. What you need to know when signing

Until the shareholder has signed the acceptance certificate, he will not be given the keys to the apartment. It will not be possible to begin the repair or registration process.

Important! Check the quality of the property before signing documents. Subsequently, it will be necessary to prove that the housing is not suitable for use through the courts.

It is better to come to inspect the apartment during the day. Don't have your own experience in this matter? It wouldn't hurt to have the support of a professional builder. Ideally, the area is re-measured. Do not forget that the amount of property tax will depend on this parameter in the future.

The procedure for accepting an apartment with a mortgage in a new building

Doors and window units, the strength of partitions, and their compliance with the plan are checked. If the contract provides for finishing, rough or final repairs, upon acceptance the quality of wallpapering or laminate installation is examined.

If the deficiencies are significant, the act cannot be signed. Problems that are not considered critical are indicated in a separate protocol appendix to the act. Otherwise, in the future it will not be possible to prove that there were deficiencies at all. The protocol is an argument in legal disputes with the developer.

The transfer acceptance certificate is drawn up in 3 (three) identical copies. One remains with the developer, one with the buyer. The third is for the registration chamber.

Important! The act should indicate not an abstract, but a specific apartment (address, area, floor, etc.).

Additional details of the act - information on how payment will be made if the money is not paid in full. If the calculations are completed, a corresponding mark is made.

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If the buyer, for various reasons, avoids inspecting the apartment and signing the acceptance certificate for 2 months or more, the developer has the right to draw up the document independently. The act will be considered signed. The developer may not consider claims submitted later.

Instruction for the borrower on registering housing in a new building purchased with a mortgage.pdf

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