Anatoly Pysin, general director of the real estate agency TsDN, answers:
If the apartment is already ready, then there are many ways to buy it.
This can be a classic share participation agreement, assignment of rights (transfer of the shared ownership agreement from the previous shareholder) and even a sale from the owner - the former shareholder who registered the ownership, and sometimes from the developer who registered ownership of the house after the delivery of the house. Since the acquisition method is unknown to us, we will assume that the apartment is purchased under a regular equity participation agreement. The developer must provide the documents necessary for self-registration of property rights - the DDU and the acceptance certificate for the residential premises. As a rule, the developer offers to take on the work of registering property rights for a fee, and then the buyer issues a power of attorney to an authorized representative of the developer. Almost the same thing happens when an apartment is purchased by assignment of rights - in addition to the assignment agreement, the buyer receives the original DDU of the first shareholder and on this basis can register the property in his own name.
Documents when buying an apartment: see, sign, receive
What needs to be done after concluding a purchase and sale agreement?
All other documents - technical passport, BTI plans - are not needed to register property, the developer is not obliged to issue them. He draws up a technical certificate and a BTI plan for the entire building, but the owner needs a small piece - his own apartment. And if this is necessary for some legally significant actions, then he will have to order these documents at his own expense.
How to check a technical passport when making transactions with an apartment
Before purchasing an apartment or making other transactions with it, a potential buyer can check the technical passport of the apartment. There are two main points to pay attention to:
- The next inventory of the apartment must be carried out no later than 5 years. Otherwise, this scheduled inventory may be required to register the transaction.
- The plan of the purchased apartment must fully correspond to the actual layout of the premises, that is, all redevelopment of the apartment must be legalized and recorded in the technical passport. If the changes made are not included in the registration certificate, the registering authority may refuse to register the rights of the new owner. In addition, if you did not see the discrepancy between the technical passport and the actual layout of the apartment, and the purchase and sale transaction was registered, then you may have to pay a fine for illegal redevelopment and other changes. Therefore, it is better if the previous owner of the apartment legalizes and formalizes all redevelopment in the BTI before the transaction is completed.
The procedure for restoring documents for an apartment
Details about calculating land tax
The procedure for challenging the cadastral value of an apartment
The procedure and formula for calculating the cost of a share in an apartment
How to create an HOA
Details about the assignment of the right to lease a land plot between individuals
Irina Gorskaya, leading legal consultant of the INCOM-real estate legal service, answers:
To register a constructed multi-apartment residential building for cadastral registration, a technical plan of such a house is required. In this regard, the developer can only provide you with an extract from the floor plan of the building for the floor you are interested in.
If you need a technical passport for your apartment, you can order it yourself. The law does not oblige the developer to compulsorily produce a technical passport.
When transferring an apartment to you under a transfer deed, the developer is also obliged to provide you with instructions for operating the shared construction project (if an agreement for participation in shared construction was concluded) plus passports for water, heat and electricity meters.
How to buy an apartment under a transfer agreement?
Trade-in housing exchange – is it worth getting involved with?
Issuing a passport to individuals - procedure and features
Technical passport - what is this document? A technical passport is an official paper that describes the current state of the property, as well as the latest significant changes to this property, primarily redevelopment.
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Each technical passport contains two annexes - a list of premises, as well as a floor plan. A technical passport is needed in the following cases:
- getting ;
- apartment tax calculation.
- apartment purchase;
- registration of redevelopment;
- housing examination;
In some cases, it is also required to register a residence permit in a third party’s apartment.
The owner of the apartment receives the document, and not the construction company (as is sometimes interpreted). In the case when the apartment is being prepared for sale, the seller must prepare the passport. Appearance of the passport The technical passport has a standardized form.
As a rule, it has several pages.
It is issued on company letterhead and has the following structural parts:
- explanation for the floor plan.
- address plan;
- general information about the apartment, including the number of rooms, number of floors, cadastral number;
- floor plan of the apartment;
You can find out exactly what the document looks like in government agencies, as well as on their official website. Where is a technical passport issued? Two organizations are involved in issuing this document: BTI, as well as PIB. Basically, all activities related to the preparation of a technical passport for a real estate property are undertaken by the BTI, so it is worth contacting them when making changes to the document, its initial registration, or loss.
Services provided by BTI or PIB are not free. The customer must pay for the production of the document on a general basis.
Cost of obtaining a technical passport When ordering a technical passport, the customer must pay a state fee in the amount of 900 rubles.
Additionally, you will have to pay extra for urgency; if the client wants to reduce the time required to prepare the document, the price may double. The law does not provide benefits for these services, regardless of the client’s status.
The procedure for issuing a document The procedure for ordering a technical passport is quite simple. The customer needs to contact the BTI, obtain ownership documents, a passport confirming his identity, and also write an application for the issuance of a document.
BTI service employees will set a date for inspection of the area by a technician (if necessary), as well as a date for handing over the document. After this, the customer is given a receipt confirming receipt of documents from him.
Next, the BTI checks the condition of the property, requests data on a specific apartment and provides a completed form within the prescribed period.
Additional papers required when applying for a technical passport:
- personal account from housing and communal services.
- redevelopment plans and agreements;
- Form 7 in case of privatization of an apartment;
- certificate of death of the owner, if the passport is issued by heirs;
The passport is prepared within 7 days (if an urgent service was ordered) or within 14 if the client did not insist on prompt receipt of the passport. Please note that the validity period of a technical passport is not limited by law.
Lawyer Oleg Tsarev answers:
The list of documents that the developer must provide you with is specified in the main share participation agreement, which you sign when purchasing an apartment in a building under construction. The developer must:
- complete the facility;
- pass the state commission;
- register the property with the cadastral register;
- transfer it to you according to the acceptance certificate.
Everything else must be specified in the contract.
Upon delivery of the object and passing the state commission, BTI employees take measurements, which are transferred to the cadastre for cadastral registration of both the entire house and your apartment.
After this, you can register the right to the surrendered object. The direct responsibilities of the developer do not include registering your personal rights (unless this is provided for in the contract).
All expenses when buying an apartment in a new building
Instructions: how to accept an apartment in a new building
Features for individual banks
Banks set their own requirements for assessment and organizations providing the service. Let's take a closer look at the conditions of mortgage lending leaders.
Look at the same topic: Housing Mortgage Lending Agency (AHML) - what is it and how can it help?
Sberbank
Sberbank has its own list of appraisal organizations, which you will find on its website. The bank does not have the right to impose a specific appraiser, therefore there is a clause in the requirements for the report. You can order an appraisal from an organization or person not from this list, but the appraiser must meet the bank’s requirements for appraisal organizations.
Sberbank's main requirements for the procedure:
- An assessment is impossible without an in-person inspection and identification of the object by the appraiser.
- Increased requirements for photographs (color, high-quality, showing the object from all sides, including the surroundings, views from windows, places for connecting plumbing equipment, all existing defects, etc.).
- An analysis of the market in the segment to which the object belongs is required, with links to sources of information (phone numbers of agents, links to pages on the Internet).
VTB 24
VTB24 has its own list of appraisers it trusts. Like Sberbank, it allows the use of the services of appraisers not from the list, but it is difficult to say what this will lead to and whether such a report will be accepted.
On the bank's website there is a link to a partner service where you can order an assessment. VTB24 promises that the procedure will not take more than 1-2 days.
Gazprombank
Gazprombank has its own list of trusted organizations and a document with requirements for an assessment report, which resembles the requirements of Sberbank. The estimates for Gazprom differ by indicating the exact timing:
- The period from the date of inspection to the date of drawing up the Report should not exceed 3 months.
- An analysis of market prices regarding the location and segment of the real estate market to which the property belongs must be carried out no earlier than 9 months before the valuation date.
Typically, real estate appraisals are ordered for resale properties. For new buildings, it is rarely required, since the developer already has several partner banks from which you can take out a mortgage. But when refinancing a mortgage taken on a new building, you will have to make an appraisal, even if very little time has passed since the date of purchase. If you are faced with such a need, I would like to wish you patience in preparing documents and good luck in finding a competent and inexpensive appraiser.
RDI Commercial Director Valery Kuznetsov answers:
Indeed, the technical passport is now an optional document. It is not required for the subsequent sale or purchase of a home. Owners order it mainly for apartments with redevelopment, when further approval is necessary.
However, when buying an apartment on credit, you need to order an appraisal album from an appraisal company. In turn, appraisal companies require a number of documents to prepare a report, including a technical plan and explication. However, the registration certificate does not have to be ordered from the BTI for an additional fee. It is enough to request from the developer copies of the technical passport of the house for your apartment (floor plan and explication) and title pages. For most companies, this is sufficient. The developer usually does not provide this to every buyer when issuing keys, but does not refuse such a request. Moreover, in this case, the developer simply will not have a choice when selling an apartment in a finished building to a buyer with a mortgage.
When purchasing an apartment in a rented building, it is enough to request or order an extract from the Unified State Register of Real Estate as confirmation that the apartment is owned by the developer and there are no encumbrances on it. If the owner is not the developer himself, but another legal entity, for example an investor, then it is necessary to request copies of the supporting documents, in particular, the purchase and sale agreement/DDU and the acceptance certificate, confirmation of payment.
When purchasing an apartment with a mortgage, the bank will request all these and other documents from the seller independently. These documents are necessary only to verify the legal purity of the transaction - that is, they are not required for further resale.
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What if the area of the apartment does not match that indicated in the DDU?
Who is doing
The market is flooded with offers for apartment valuation services. Organizations conducting assessments are divided into three types:
- Companies;
- Independent expert legal entities;
- Individuals registered as individual entrepreneurs.
Many banks have lists of accredited companies that they trust. It is better to order an assessment from approved organizations. Along with “white” lists, banks also have “black lists” of unscrupulous appraisers.
Before ordering the procedure, the candidacy of the selected appraiser is agreed with the bank. If the appraiser or his report is not satisfactory to the bank, you will have to order and pay for the procedure again.
When choosing an appraiser registered as an individual entrepreneur, check their liability insurance policy. It must be issued for at least 300 thousand rubles. The policy guarantees payments in the event of damage to the appraisal customer as a result of violation of the rules and standards of appraisal activities.
See this same topic: What happens to the borrower if he cannot pay his mortgage? And what to do when you can’t pay your mortgage?
