Between us, relatives Six months ago my family and our relatives became necessary to switch apartments. Legally speaking, to make change in ownership of premises. De facto we have already done so, and everyone lived in their new living space. But earlier formalize what has already become a reality, could not - no documents to prove ownership of the 2-bedroom flats. I draw the attention of potential investors in the construction of new housing in Moscow: registration of property rights on the flats can be considerably delayed. Thus, in our case, this procedure itself implements the developer, and it lasted over a year. But now, finally, the documents in our hands, and you can begin the process of changing owners. Since the participants of the transaction from both parties have an opportunity to vary their working time, it was decided to try to embark in `self` swimming, excluded from the item `Sponsoring Agency Property`. I pay special attention of readers for one important fact: the parties involved in the transaction consist of the relationships and trust each other. A `story 'apartment was well known to both, and others. Next povestvovanie divided into stages, each is the time spent on chores (taking into account the road and waiting in queues), as well as cash expenses (excluding transportation). Step 1. Legal Advice 1 To begin, we decided to consult an expert, how best to realize our plans castling `` apartments. One of the parties visited legal advice. It was advised to make an act of ownership changes with the conclusion of two contracts of sale. And also agreed to 'help' in the transaction, making the contract - 2 000. In addition, offered their services for the collection of documents 'all' for U.S. $ 400 on each side. The offer price we did not work. And we politely declined. The same evening, decided to consult another lawyer. Cost: -2 hours of time and money - 500 rubles. Step 2. Legal assistance 2 At the first consultation, we somehow 'forgot' to say about the possibility of instead of two contracts of sale concluded one - barter. On this version we have learned in a week visiting other legal advice. Lawyer at this time explained that the least expensive way to change ownership is precisely the conclusion of the contract of barter premises. The savings is obvious, since both the state tax to pay for one contract, and general design of each contract is worth the money, and one document obtained less than two. In addition, the notarial consent of the spouse, too, need to register only one copy. At the conclusion of the same contract of sale must provide notarized consent of the spouse and the transaction of purchase and the sale transaction, and this extra 500 rubles. There were also offered the services for the contract - more than 1 500 rubles. But we thought, decided to do it yourself. Template document was found on the Internet in the Help system `` Garant. Also, by mutual agreement it was decided to abandon the notarization of the transaction (1.5% of transaction amount), and conclude an agreement in writing. Cost: time - 2 hours, the money - 500 rubles. Step 3. Visit to the registration body for real estate transactions On the package of documents required for the contract of barter, we learned at the Center for registration of ownership of accommodation in Moscow. There, prominently posted a list of documents that are required for any real estate transactions. Rewriting what we need, have started to collect the package. Cost: time - 2 hours. Step 4. Obtaining Information BTI For a contract of barter needed help, BTI, which are issued to owners of premises or on the basis of notarial power of attorney to others. In our case, we (owners) themselves have visited the Bureau of Technical Inventory and leave a request to manufacture the necessary documents. Two weeks later they got. I had to defend in the queues, but a couple of hours and can be patient. I draw your attention that the certificate of valuation of apartments in the registration contract of barter will not be needed. It can be useful if the exchange is made with an additional charge - then the contract shall indicate its size. We also any additional payments was not, so we could limit floor plans and explication. In this case, registration costs would be even less. Costs: Time - 8 hours, the money - about 1 000 rubles for two sets of documents. Step 5. Getting a reference to the tax office A statement from the absence of tax debts for taxes on property we were asked to provide the guardianship. In other cases, at the conclusion of such transactions, if the family has no wards, it is not required. At the one-room flat Such certificate was obtained in a single visit, but with a paper on the new building came a hitch. Due to the fact that information about this house was absent in the tax office, it was recommended to go through the week. But a week later we left with nothing. We had a little bit nervous and access management tax for this document. As a result of `talks' certificate was obtained after a further week. Moreover, it gave us only after we have paid an advance tax for the next year and presented a receipt from the Savings Bank. The cost of paying taxes are not included in total costs for registration of the contract of barter, as they in any case, a conscientious taxpayer would pay. Receiving certificates from the Tax Inspectorate and BTI can be combined in time and thereby reduce the overall term deal. Cost: time - 14 hours. Step 6. Obtaining Information in Passport and Maintenance (Uniform Settlement Information Center) In an extract from the house and the certificate of payment arrears of rent should be treated in the DES or Passport and Maintenance Service. Obtaining these certificates also did not take long and there was not a burden for the money. Because these certificates to obtain easily (at least, so we had), it is advisable to order them directly before sending the entire package of documents for registration. The validity of these certificates is limited to one a month. Cost: time - 4 hours, the money - about 200 rubles for two sets of documents. Step 7. Obtaining the consent of the board of trustees at the conclusion of the contract of barter Due to the fact that one of the owners of one-bedroom apartment is a minor, then the registration of the contract required to obtain the consent of the board of trustees to conduct a transaction (in the CC said that to dispose of property of the ward is possible only with the consent of the guardianship authorities). In our case it was not a problem, because when signing a contract minor barter is issued in an apartment a larger area. In addition, maintaining its ownership of one half of a 2-room apartment. At this stage need to present information to the BTI premises, which will be exchanged under the contract of barter. Thus, from the concluded contract, it was clear that the conditions of residence of the minor Petrova Alexei Konstantinovich improve. Two weeks later, was ready to help. You could 'speed up' to receive it, but we are not in a hurry. I draw the attention of readers: the board of trustees must submit an extract from the house, containing information about the registration of a minor for a new place of residence. This is done after the registration of the contract of barter in the organ of state registration and `residence 'of the child to a new address. Cost: time - 5 hours. Step 8. Getting a notarized consent of the spouses An easy stage. The fact that the exchange of flats, acquired by spouses during marriage, consent is required to conclude a contract of barter. They came to the notary with the originals and copies of certificates of ownership of flats and passports and signed consent of the spouses of owners of residential premises at the conclusion of the contract of barter. The only negative - had to stand in a queue. Cost: time - 4 hours, the money - 1 000 rubles for two notarized consent of the spouses. Step 9. Preparation of the contract of barter Accommodation Sample contract barter premises was taken from the reference system `` Garant. However, it had to adjust a bit in relation to specific conditions of the transaction. Warning The less you turn away from the sample contract, the better. Pages treaty should be numbered and sewn thread. Cost: Time - 8 hours. Step 10. Filing of documents for state registration Barter is subject to mandatory state registration in the General Directorate of Federal Registration Service in the city of Moscow. Before any documents on state registration must pay the registration agreement, and certificates of ownership of the new apartments. In our case, amounted to 1 500 rubles. Filing of documents took place without problems, but had to defend the place. Some colleagues took turns to come here for the third time - not all get to hand over documents from a single call. Before you carry a package of documents for state registration, we decided it safe and consult a lawyer, located directly in the Center for registration of ownership of accommodation. Taking with us 300 rubles, he pointed to the small roughness in our contract, and one serious error (agreement in this case was to be drawn up in four, not three copies). Quickly, by modifying the draft treaty and printing a new version, we completed the formation of the required package of documents for delivery to the state registration. Cost: time - 4 hours, money -1 800 rubles. Step 11. Getting registered contract and evidence of ownership A month after the filing of documents for registration of the contract of barter apartments came the appointed time for the registered contract and new evidence of ownership. At this time the queue was small, and the documents issued quickly enough. On the same day we were alone, two gears act and signed them. The transaction was completed. Cost: time - 2 hours. Conclusion. From first to last phase of two and a half calendar months. Spent approximately 60 hours of working time (including time on the road to various offices and waiting in queues) and 4 900 rubles from the two sides (ie the costs of each of the parties amounted to less than U.S. $ 100). While the services of realtors would cost each family at least 400 - $ 500. From my own experience, we can conclude: the preparation and registration of the contract of barter Accommodation is not a distinct problem. For an educated person - nothing complicated, it may well be himself a realtor. Naturally, the task of facilitating the availability of free time, and independent execution of the transaction as appropriate, if the value of your working time spent below the cost of services a real estate agency or a private broker. In our case, these requirements have been met. - Probably, personal experience shared by Aleksandr Sizov, someone might come in handy. All the stages they went right, having done their own way of registration and registration of the contract of barter. True, this is a pretty simple deal - when changing `clean 'apartment, not lining up extra` chain `, and people trust each other. Incidentally, when the lawyer ~ 1 advised to issue two contracts of sale rather than a single contract of barter, legally he was right. Purchase and sale, in accordance with the Civil Code, equal to Me. Another thing is that for the two contracts he would take more money. So in this case, the correct form and register a barter. What did Alexander. It is now possible to quickly obtain the necessary information in Passport and Maintenance, they began to work on is very convenient for visitors to the schedule, including Saturdays. But the fact that the reader of the newspaper was to go through the BTI in just four hours - much luck. I managed! Now there are huge queues that people are recorded. You can come in six in the morning, to stand all day, but did not reach the cherished window. In order to independently arrange and record the transaction does not necessarily have a special higher education - now all available. Much information on the Internet, literature for sale. It is not too difficult to find examples of contracts. And to make their own - do not need to be a genius. In Moscow, by the way, registration authorities are very loyal to the treaty, drawn up in writing. In contrast to the suburbs. Where such agreements do not take, make contact to the notary or to a specialist - an employee of the Registration Chamber. They usually line up long lines. But if you're willing to go it yourself (you have no hurry, you have free time and desire to sit in the queue) - then why not? It is possible to do without the services of realtors. They certainly are not cheap. So to save money for sure. But the time will have to go to high costs. For some, it is most advantageous to pay the professional rate. After all, many times - the same money.
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