Is notarization of the purchase and sale agreement required? Registration of the purchase and sale of an apartment: step by step instructions

During the conclusion of the transaction, many citizens believe that the registration of the sale of an apartment with a notary is optional. Civil Code The Russian Federation does not indicate whether a notary is needed when concluding an agreement, however, a certified certificate has an impressive number of advantages. Moreover, in accordance with the current amendments to the legislation, housing that stays in fractional ownership, can be implemented only with notarization of the contract of sale.

Normative base

Previously, the certification of the contract by a notary when selling an apartment was mandatory for the sale of an apartment, however, after the entry into force of the second part of the Civil Code of the Russian Federation, the decision is made by the seller. In 2019, the procedure for concluding transactions for the sale of real estate is regulated by Article No. 550 of the Civil Code of the Russian Federation. The provisions of the code stipulate that the contract of sale must be drawn up in writing, with notarization being optional. Checking the contract by a notary for legitimacy will help to avoid undesirable legal consequences. Purchase and sale transactions, which are supported by a notarization, have a greater legal weight.

Important! Appeal to a notary is mandatory if the relevant requirement is indicated in the text of the contract of sale. Is it possible not to register the right of ownership in the State Register without a certificate? Yes, the contract will be cancelled.

The responsibilities of a lawyer include:

• verification of the identity of both parties;
• verification of the working capacity of persons;
• explanation key points contracts;
• assistance in drafting the text of the agreement;
• storage of data in a notarial archive (term - 75 years).

Before making a deal, it is necessary to present all the necessary documentation to the notary in advance. It is worth noting that the paperwork must necessarily take place in the physical presence of both parties. The notary must explain the legal consequences of his actions. The lawyer has the right to refuse to complete the transaction if he doubts its legal purity.

The information that was trusted to the lawyer during the conclusion of the transaction is confidential, therefore it is not subject to disclosure. A notarized contract is certified by the State Registration Authority.

All of the above rules apply to both public and private notaries. The legal force of the document does not depend on the status of the specialist. The only condition is to obtain a license to conduct notarial activities.

Service cost

Citizens who turn to a notary when alienating property must pay a notary fee. The size of the notary's tariff is fixed at the level of 3,000 rubles. In addition, an additional 0.4% of the total cost apartments, but the total amount of the tariff cannot exceed 50 thousand rubles. Interest rate decreases to 0.2% when:

1. The buyer is a close relative of the seller.
2. The total amount of the transaction exceeds 1 million rubles.

Read also Necessary documents for obtaining permission from the guardianship authorities for the sale of an apartment

The apartment can also be sold at a price above 10 million rubles. In this case, the tariff is reduced to 0.1%, while the fixed cost of notary services rises to 25 rubles. The marginal cost of services in this case is 100 thousand rubles, while the total amount of the transaction cannot be less than 75% of cadastral value apartments.

The documents

When making a purchase and sale of an apartment with a notary (2017), you must first submit the following list of documents:

• a document that certifies the ownership of a particular property;
• registration certificate of the apartment (it can be issued at the BTI or IEC);
• extract from the State Register;
• application for alienation of property;
• paper on the expert assessment of the cost of the apartment;
• certificate of marital status of both parties;
• certificate from the guardianship authority (if the owner of the apartment is a minor).

As for the last point, the birth certificate must also be included in the documentation package. In the process of drawing up a contract for the sale of an apartment, a notary may require parents to present their passports and TIN.

Important! Notarial certification of contracts for the sale of an apartment owned by minor child, is issued only after obtaining the consent of both parents. The contract itself must be signed by one of the adults.

If a legal entity is going to buy or sell property, then the statutory documentation of the company will be additionally required, as well as a power of attorney certified by a notary, which certifies the rights of the authorized person. In addition, minutes of the meeting of persons involved in the establishment of the organization may be required.

Despite the fact that selling an apartment through a notary will help avoid negative legal consequences, the procedure also has its pitfalls, because some would-be specialists are unwilling to protect the legitimate interests of ordinary citizens.

The most common scheme is the issuance of a fake power of attorney with persons who are not the owners of the property. The buyer must be sure to familiarize himself with the notarized power of attorney of the authorized person, however, it is recommended that the contract of sale be concluded directly with the owner of the apartment. If the physical presence during registration is impossible, then it is worth at least personally meeting with him to verify the authenticity of the guarantor's power of attorney.

Current amendments to the legislation

Regarding whether it is necessary to certify the contract when selling property that is in shared ownership, then from 2017 notarization is mandatory. This amendment to the legislation not only increased the cost of selling real estate in shared ownership, but also forced realtors to increase the cost of their services. If the sale and purchase agreement is concluded without a notary, then Rosreestr simply will not grant the rights of the owner of the buyer, and the transaction will be invalid.

Notary M. A. Tkachenko renders paid services preparing documents, certifying transactions, verifying the authenticity of copies and signatures, as well as performing other actions. Tariffs are the same throughout the territory of the Russian Federation. They are established by the Tax Code.

The client makes payment before the notarial act is performed. Information about the collected tariff is entered into the document issued by the notary. At the same time, an entry about the price of the notarial service is made in the registration journal.

The laws of Russia provide benefits for certain categories of citizens, which can be used upon presentation of the relevant documents.

The cost of notary services

TYPE OF NOTARIAL ACTIONS	TARIFFS	COST OF LEGAL AND TECHNICAL WORK
1. The contract of sale, exchange, donation is not movable property(apartments, non-residential premises, land plots, residential buildings, etc.)
children, spouse, parents, grandchildren	3,000 rubles + 0.2% of the real estate valuation (transaction amount), but not more than 50,000 rubles.	8"000 rub.
other persons
a) up to 1 "000" 000 rubles.	3 "000 rubles + 0.4% of the transaction amount.
b)	7,000 rubles + 0.2% of the transaction amount exceeding 1,000,000 rubles.
c) over 10 "000" 000 rubles.	25,000 rubles + 0.1% of the transaction amount exceeding 10,000,000 rubles, but not more than 100,000 rubles.
2. Annuity agreement		7"000 rub.
3. An agreement on the mortgage of a dwelling to secure the repayment of a credit (loan) granted for the purchase or construction of a dwelling house, apartment, in accordance with current legislation subject to obligatory notarial certification	200 rub.	10"000 rub.
4. An agreement on the mortgage of immovable property, with the exception of ships and aircraft, domestic ships, subject to mandatory notarization in accordance with applicable law	0.3% of the contract amount, but not more than 3,000 rubles.	10"000 rub.
5. Agreement on the mortgage of sea and aircraft, inland navigation vessels.	0.3% of the contract amount, but not more than 30,000 rubles.	10"000 rub.
6. An agreement on the mortgage of a dwelling, or non-residential premises or land plots, which, in accordance with the current legislation, are not subject to mandatory notarization
depending on the amount of the contract:		10"000 rub.
up to 1 "000" 000 rub.
over 1 "000" 000 rubles. up to 10"000"000 rub. inclusive
over 10 "000" 000 rubles.
7. Contract of assignment of a claim
under a residential mortgage agreement	300 rub.	8"000 rub.
on loan agreement and a loan agreement secured by a residential mortgage	300 rub.
8. Contract of financial lease (leasing) of aircraft, river and sea vessels	0.5% of the contract amount	8"000 rub.
9. An agreement subject to evaluation, which, in accordance with the current legislation, is not subject to mandatory notarization
depending on the amount of the contract:		8"000 rub.
up to 1 "000" 000 rub.	2 "000 rubles + 0.3% of the transaction amount.
over 1 "000" 000 rubles. up to 10"000"000 rub. inclusive	RUB 5,000 + 0.2% of the transaction amount exceeding RUB 1,000,000
over 10 "000" 000 rubles.	23,000 rubles + 0.1% of the contract amount exceeding 10,000,000 rubles, but not more than 500,000 rubles.
a) hiring, renting residential and non-residential premises, air, sea, river vessels, loans, guarantees, division of property between spouses, division of hereditary property
b) agreement of alienation, pledge of shares:
		10"000 rub.
		15"000 rub.
		25 "000 rub.
c) agreements on pledge of movable property		10"000 rub.
10. Agreement (including preliminary) for the alienation, pledge of a share or part of a share in the authorized capital of the company
depending on the amount of the contract:
up to 1 "000" 000 rub.	0.5% of the contract amount, but not less than 1 "500 rubles.
from 1"000"001 rub. up to 10"000"000 rub. inclusive	5,000 rubles + 0.3% of the contract amount exceeding 1,000,000 rubles.
over 10"000"001 rub.	32,000 rubles + 0.15% of the contract amount exceeding 10,000,000 rubles, but not more than 150,000 rubles.
- the parties to which are natural persons		10"000 rub.
- to which the legal entity is a party		15"000 rub.
- to which a foreign legal entity is a party		25 "000 rub.
11. Prenuptial agreement	500 rub.	10"000 rub.
12. Agreement on the payment of alimony	250 rub.	7"000 rub.
13. Gift agreement (except for real estate donation agreements)
children, spouse, parents, brothers, sisters	0.3% of the contract amount, but not less than 200 rubles.	8"000 rub.
other persons	1% of the contract amount, but not less than 300 rubles.
14. Contract for the gratuitous use of property (including an apartment)	500 rub.	8"000 rub.
15. Agreement for determining shares, including when registering an inheritance	500 rub.	5"000 rub.
16. Other contracts, the subject of which is subject to evaluation, if such certification is required in accordance with the legislation of the Russian Federation	0.5% of the contract amount, but not less than 300 rubles. and not more than 20 "000 rubles.	8"000 rub.
17. Agreements on amendments to the contract, termination of notarized contracts:
a) an agreement on the alienation, pledge of a share or part of a share in the authorized capital of the company, shares:	200 rub.
- the parties to which are natural persons		10"000 rub.
- to which the legal entity is a party		15"000 rub.
- to which a foreign legal entity is a party		25 "000 rub.
b) contract of alienation, pledge of shares:
- the parties to which are natural persons		10"000 rub.
- to which the legal entity is a party		15"000 rub.
- to which a foreign legal entity is a party		25 "000 rub.
c) other contracts		7"000 rub.
18. Consent, obligations, waivers and notices:
Consent of the spouse, including the former, to transactions with real estate and other property	500 rub.	700 rub.
Agreement former owner for the transfer of his phone number for the new owner of the apartment
Consent from the residents of the apartment to conclude an agreement for the gratuitous use of the apartment with a third party
Consent to temporary registration in a citizen's apartment
The obligation of family members of the owner to remove them from the register in the event of the alienation of the apartment or the imposition of a penalty on it (under mortgage agreements for apartments)
Unilateral obligation from the perpetrator to compensate for damages in case of an accident
Unilateral obligation from the debtor to repay the debt
The obligation of the purchaser of an apartment in which an unauthorized redevelopment has been carried out to obtain, at his own expense, permission to redevelop or restore the premises to its original state
Rejection priority right purchases
Refusal to participate in privatization
Notification of the receipt of indemnified damage in an accident and the absence of claims
Consent of parents to travel of minor children unaccompanied by parents	200 rub.	1"000 rub.
Consent of parents to establish custody of minor children, declaration of minor children as fully capable
Parental consent to state registration as individual entrepreneur minor citizen
19. Powers of attorney:
1) For certification of powers of attorney for the right to use and (or) dispose of vehicles:
a) from citizens:	250 rub.	800 rub.
- to other persons	400 rub.	800 rub.
	400 rub.	1"300 rub.
2) For certification of powers of attorney for the right to use and (or) dispose of property, with the exception of vehicles:
a) from citizens:	100 rub.	800 rub.
- children, spouse, parents, brothers, sisters
- to other persons	500 rub.	800 rub.
b) from representatives legal entities	500 rub.	1"300 rub.
3) Other powers of attorney:
a) from citizens:	200 rub.	1"000 rub.
b) from representatives of legal entities	200 rub.	1"500 rub.
4) In order of subordination:
a) from citizens:	200 rub.	1"300 rub.
b) from legal entities	200 rub.	1"500 rub.
20. Wills	100 rub.	1"400 rub.
21. Orders:
- cancellation of a will	500 rub.	1"000 rub.
- cancellation of power of attorney
22. Acceptance of a closed will	100 rub.	900 rub.
23. Opening of an envelope with a closed will and announcement of a closed will	300 rub.	2"000 rub.
24. Applications:
- on acceptance, issuance of inheritance	100 rub.	800 rub.
- refusal to accept inheritance
25. Issuance of certificates of the right to inheritance by law and by will:
children, spouse, parents, siblings	0.3% of the value of the inherited property, but not more than 100,000 rubles.
other heirs	0.6% of the value of the inherited property, but not more than 1,000,000 rubles.	- for unreceived pensions 100 rubles.
		- on the cash deposits 1"000 rub.
		- on the real estate 5"000 rub.
		- for the rest of the property 3 "000 rubles.
certificates issued to persons specified in paragraphs. 11.12 Art. 333.35 of the Tax Code of the Russian Federation, as well as on the property specified in paragraphs. 5,6,7,13 Art. 333.38 of the Tax Code of the Russian Federation	100% exempt on the basis of p.p. 11, 12 st. 333.35 of the Tax Code of the Russian Federation, p.p. 5,6,7,13 Art. 333.38 of the Tax Code of the Russian Federation	- for cash deposits 1 "000 rubles.
		- for real estate 5 "000 rubles.
		- for the rest of the property 3 "000 rubles.
26. Certificates of ownership of the share in the common property spouses' property acquired in marriage, incl. certificate of ownership in the event of the death of one of the spouses	200 rub.	- for real estate 5 "000 rubles.
		- for the rest of the property 3 "000 rubles.
27. Protests:
Protest of a bill of non-payment, non-acceptance and non-dating of acceptance and certification of non-payment of a check	1% of the unpaid amount, but not more than 20,000 rubles.	20"000 rub.
Maritime protest		30"000 rub.
28. Certification of authenticity of the signature:
on the bank cards	200 rub.	1"300 rub.
	(for signing)	(per card)
on applications for registration of a legal entity	200 rub.	1"300 rub.
on applications for registration of an individual entrepreneur	200 rub.	800 rub.
on statements in tax authorities for entering information into the Unified State Register of Legal Entities, including in the event of alienation (pledge) of a share in an LLC	200 rub.	1"300 rub.
translator	100 rub.	600 rub.
on other documents of an individual entrepreneur	100 rub.	800 rub.
on other documents of legal entities	100 rub.	1"300 rub.
	(for signing)
on the documents of citizens	100 rub.	800 rub.
29. Certificates of identity, including:
the fact that a citizen is alive	100 rub.	2"000 rub.
the fact that a citizen is in a certain place
identity of a citizen with the person depicted in the photograph
30. Certification of the decision of the governing body of a legal entity	3 "000 rubles for each hour of the presence of a notary at a meeting of the relevant body	3 "000 rubles for each hour of the presence of a notary at a meeting of the relevant body in the premises of the notary's office + 10" 000 rubles. for each hour of the presence of a notary at a meeting of the relevant body outside the notary's office
31. Acceptance for deposit sums of money or valuable papers(except for the case specified in clause 31.1. of these Tariffs):
- in case of bankruptcy, liquidation of the organization, as well as in case of redemption of shares	0.5% of the accepted amount of money or market value securities, but not less than 1,000 rubles.	10,000 rubles for each creditor, with the number of creditors contributed at a time not exceeding 10;
		1,000 rubles for each creditor with more than 10 creditors contributed at a time
- in other cases		10"000 rub.
		(for each creditor)
31.1 Acceptance of monetary amounts as a deposit of the notary who certified the transaction in order to fulfill obligations under such transactions	1"500 rub.	10"000 rub.
32. Document storage	20 rub. for each day of storage	100 rub.
		(for each day of storage)
33. Making an executive inscription	0.5% of the amount collected, but not more than 20,000 rubles.	- 2 "000 rubles for each executive inscription in relation to movable property;
		- 10 "000 rubles for each executive inscription on the mortgage agreement
34. Certification of the time of presentation of the document	100 rub.	2"000 rub.
35. Submission of documents for state registration of rights to real estate and transactions with it	1"000 rub.	not charged
36. Consultations (consultations regarding the performed notarial act are carried out free of charge)		1"000 rub.
37. Other notarial acts	100 rub.	700 rub.
38. Legal assistance outside the premises of a notary's office when notarial acts are performed, excluding transport costs:
a) at the location of the citizen or legal entity:
- for individuals		5"000 rub.
- for legal entities		10"000 rub.
b) for non-transportable disabled people of groups 1 and 2		2"000 rub.
c) for non-transportable invalids of the Great Patriotic War and participants of the Great Patriotic War, Heroes of the USSR and Heroes of the Russian Federation		not charged
39. Certification of the accuracy of copies of documents (except for constituent documents), as well as extracts from documents	10 rub. per page copies of documents or extracts from them	50 rub.
		(per page)
40. Certification of the accuracy of copies of constituent documents (charter, constituent agreement), including amendments to constituent documents	500 rub. regardless of the number of pages	not charged
41. Extract from the register on the performance of a notarial act	100 rub.	500 rub.
42. Transfer of applications:
a) personally by a notary	100 rub.	5"000 rub.
b) by mail, as well as by e-mail using a notary's EDS	100 rub.	2"000 rub.
Certificate of transfer of the application	100 rub.	600 rub.
43. Issuance of duplicate documents	100 rub.	3"000 rub.
44. Providing evidence	3"000 rub.	3 "000 rubles for each page of the descriptive part of the protocol + 100 rubles for each page of the application
45. Inquiries to various institutions and organizations, individuals, notaries		300 rub.
		(per request)
46. ​​Taking measures to protect the inheritance, incl. inventory	600 rub.	5"000 rub.
		(per hour of work)
47. Issuance of documents from the archive of a notary (with the exception of documents at the request of notaries and judicial authorities):
a) with updated information about the requested document	10 rub.	600 rub. + 50 rub. per page copy or
b) without specifying information about the requested document	(per copy page)	700 rub. for checking the volume of documents in the archive for a period of 1 month, but not more than 7,000 rubles per request
48. Technical work on scanning and generating an electronic form of documents to be transferred using EDS:
- on applications related to amendments to constituent documents		5"000 rub.
- on applications not related to amendments to the constituent documents		700 rub.
49. Registration of notice of pledge of movable property:
a) in electronic form	600 rub.	not charged
b) on hard copy		200 rub.
		(per notification page)
50. Issuance of an extract from the register of notifications of pledge of movable property	40 rub. for each page of the extract within the first - tenth pages inclusive, 20 rubles. for each page of the statement starting from the eleventh page	200 rub.
		+
		40 rub. for pages 1 - 10
		10 rub. per page, starting from the 11th
51. Certificate of equivalence of a document on paper electronic document, electronic document on paper	50 rub.	not charged
	(for each page of a paper document)

Note:
1) For notarial acts performed outside the premises of the notary's office, the notary fee is charged at one and a half times. A departure fee is charged.
2) The benefits provided by the legislation on taxes and fees are provided subject to the presentation of relevant documents.
When charging fees for legal and technical work, benefits are not provided.
3) If more than 2 representatives are indicated in the power of attorney, the cost of legal and technical work increases by 100 rubles. for each subsequent representative. If more than 2 accompanying persons are indicated in the consent for the departure of a minor child abroad, the cost of legal and technical work increases by 100 rubles. for each subsequent accompanying person.
4) If the text of the will, power of attorney, consent, statement (excluding the certification inscription) is set out on more than one page, the cost of legal and technical work is charged for each page of the document.
5) When issuing a certificate of ownership of a share in common property spouses for several properties in one certificate, the cost of legal and technical work is summed up for each property.
When issuing one certificate of the right to inheritance for several deposits and compensation for several deposits, the legal and technical work collected in the amount of 1000 rubles. for the evidence.
6) When issuing a certificate of the right to inheritance at the request of the heir for several objects of inherited property in one certificate, the cost of legal and technical work is summed up for each object of property.
When issuing one certificate of ownership of a share in the common property of the spouses for several deposits and compensation for several deposits, legal and technical work is charged in the amount of 1000 rubles. for the evidence.
7) For technical production copies of documents for legalization (reprinting) the cost of technical work in the amount of 200 rubles is charged. per document page.
8) Legal and technical work for draft agreements (including preliminary ones) for the alienation and pledge of shares authorized capital LLC is recovered in the amount of 10,000 rubles. If the specified contract is subsequently concluded at the same notary, the above-mentioned amount paid is included in the cost of legal and technical work under the contract.
9) When preparing documents, Times New Roman font, size 12-14, single line spacing is used. The dimensions of the margins of each sheet of the document, issued both on the form and without it, must be at least 12.7 mm.

How much will you have to pay for the sale of an apartment in shared ownership and why realtors decided to increase their commission after the entry into force of the new law

Photo: TASS / Stanislav Krasilnikov

In June 2016 in Russia, which prohibits donating, changing, buying and selling housing in shared ownership without a notary. This means that now every transaction with shares of apartments and houses. Without this assurance, Rosreestr will not register the transaction.

The amendments affect transactions with both whole apartments and individual shares - in the event that several owners own an apartment as part of a common shared ownership. “Now a transaction for the sale of real estate can be made in a simple written form only on the condition that the property is individual or common joint - without determining shares,” explained Irina Andreichenko, legal adviser of the Inkom-Nedvizhimost real estate agency. Under the general joint property in Russia, cases are understood when several people who have one certificate of ownership for all are considered the owners of one apartment or house. The head of the legal department of the Federal Notary Chamber (FNP), Alexander Sagin, confirmed that under the new law, such transactions do not require certification.

The innovation will seriously change the market, realtors and notaries told RBC Real Estate. “Before, notarial transactions were an exception to the rule. Contracts were drawn up mainly in a simple written form, - Andreichenko said. “Currently, we do not have statistics on the number of notarial transactions after the adoption of the new law, however, given that at least half of the apartments are in common shared ownership, it becomes clear what percentage of participants in transactions will turn to a notary.” “Previously, notarization was optional, rarely anyone used this service - only about 5% of buyers,” added Oksana Ivanova from the real estate agency NDV-Nedvizhimost.

The ban on donation, exchange and sale of shares without a notary is the most noticeable, but not the only innovation that provides new law. So, from June 2, 2016, without notarization, it is impossible to conduct a single transaction with housing owned by minor owner. “Now only 1-1.5% of the total number of transactions can be formalized in a simple written form. For example, this is a sale and purchase transaction when the owner of the property is one adult owner,” said Marina Tolstik, managing partner of the Miel Network of Real Estate Offices agency.

The law is already working in practice, it is impossible to bypass the new requirements and register a transaction in a simple written form, RBC Real Estate was told in the Miel, Inkom, Relight and NDV agencies. “As always, there is a loophole in the law - you put the date June 1, 2016 in the sales contract and save money on a notary transaction. The question is how long citizens will be able to do this, ”wrote Alexander Chernokulsky, president of the Novosibirsk Association of Realtors, in his column on the NGS-Nedvizhimost website. “Cases of successful transactions without notarization in Rosreestr are more likely to be associated with inattention or ignorance by specific state registrars of the new rules for the alienation of shares,” she explained. CEO real estate agency "Miel-Novostroyki" Natalia Shatalina.

Why do we need a law

The new law eliminates loopholes used by scammers, the Federal Notary Chamber is sure. “The consequences are definitely positive,” Sagin said. - And for citizens, whose rights will be reliably protected, and for the reliability of information from state registers, which are still often disputed in court. Even with the passage of time, there were times when conscientious buyer discovered that the real estate belonging to him, acquired in accordance with the entry in the Unified State Register valid at that time, is no longer his property, since previous transactions have been challenged in court. And if the scammers have disappeared, then no one will compensate for the damage. Unlike a notary, who always bears full property responsibility for his actions. If the notary has doubts about making a sham transaction (for example, substituting a purchase and sale with a donation), he will be able to refuse to certify it.

Additional protection of the transaction will be provided by the obligation of the notary to read aloud the contract of donation, exchange or purchase and sale, says Konstantin Barsukov, general director of the Relight-Nedvizhimost agency. “The notary certifies that the signature under the contract was put by the person who should put it, and that the participants in the transaction are sober and understand the meaning of their actions,” Barsukov explained.

Nevertheless, many realtors, as well as buyers and sellers of real estate, were dissatisfied with the innovations. “Sellers are neutral, because they do not bear the costs of these actions. Buyers are outraged, but suffer because they have no choice, - said Irina Andreichenko from Inkom-Nedvizhimost. - There is an opinion that the new law is anti-real estate, that sellers and buyers of residential premises will stop contacting realtors, because "everything will be checked and done by a notary." However, a notary is not entitled to engage in entrepreneurial and other paid activities. Realtors will continue to select residential premises, look for buyers, arrange transactions and transfer property.”

“This is not an anti-real estate law. He, in my opinion, is anti-civilian,” Konstantin Barsukov retorted. - All participants in the real estate market are well aware that realtors are the only ones who really check the legal purity of the apartment. Who else from the market participants can do it? Notary? He receives documents on the apartment on the eve of the transaction and physically cannot verify the information on previous transactions. Yes, he doesn't need it. The notary guarantees that the current transaction is made without violating the law and by those persons who are included in the contract. And it is precisely according to the legality of this particular transaction that the notary is responsible with his property. What happened before this transaction, on what basis the right arose from the seller, is not of interest to the notary and is not included in his area of ​​​​responsibility.

The main argument of the supporters of the innovation is the hypothetical elimination of litigation about apartments that could be sold illegally, follows from the comments of the notary community. “The task is to achieve the reliability of the data of state registers, when an entry in the USRR is guaranteed by the responsibility of a notary. It is worth noting that the costs of citizens for litigation are many times higher than the costs of notarization of the transaction, which guarantees citizens the protection of their rights, ”said Sagin. “There are skeptical opinions that new order is aimed at increasing the timing of transactions and supporting the notary community,” Natalya Shatalina from Miel-Novostroyki answered the notaries. “At the same time, the new rules do not exclude the possibility of challenging transactions for the alienation of shares.”

According to procedural legislation, the circumstances confirmed by a notary when performing a notarial act do not require proof, Irina Andreychenko, legal adviser of Inkom-Nedvizhimost, explained the legal side of the issue. “Such a legislative presumption makes one wonder: are all notaries so uncompromising and law-abiding? Given the sad practice of the nineties, not always and not all, - said Andreichenko. — The longer a notary works, the more fearless he becomes. Many remember how many notaries were convicted of abuse of power; notaries were attacked, their seals were stolen, their archives were on fire... And the lost property was not returned to citizens. In practice, the liability of notaries is limited only to the amount insurance compensation. It is no secret that notaries themselves rarely own property.” “We can congratulate the notary lobby,” concluded Barsukov.

How to sell apartments and shares

Thanks to modern legislation, anyone who wants to sell their share of an apartment or house is obliged to notify the other owners of the property about all the conditions of the future transaction. Within a month, existing owners may demand the pre-emptive right to purchase: in this case, the property will have to be sold to them, and not to an outsider, the realtors explained. “The notice must be sent in writing,” Shatalina said. - It should be borne in mind that a share sale transaction can take place no earlier than a month after an official notice was sent to the other owners of the apartment. True, if the participants in shared ownership write a written refusal to purchase this share, then it is possible to complete the transaction in a shorter period.

As a result, the probability of buying out a share by fraudsters at a low price is reduced - it is unprofitable for attackers to buy a share at market value, explained Natalia Kuznetsova, general director of the Bon Ton real estate agency. "But the seller may intend to sell his share certain person with whom you are not related, such as close friends. And he will be forced to initially offer his share to the neighbors, ”Kuznetsova noted.

The process of registering the transaction will take longer, realtors stated. “Previously, we could make a deal in one day: make a cash or non-cash settlement between the seller and the buyer and immediately sign a sale and purchase agreement drawn up in a simple written form, it took an average of one hour,” Oksana Ivanova from NDV- Real Estate". “Now, after the mutual settlements have been completed, it is necessary to come to the notary, draw up a contract of sale, sign it and take it for registration.” “Now in alternative deals Moscow - Moscow region (there are not so few of them) you will have to go to different notaries. That is, the legislators not only increased the cost of real estate alienation, but also complicated the process,” said the director of the Relight-Nedvizhimost agency.

A significant part of transactions, including mortgages, is concluded in banks, which independently draw up a sale and purchase agreement for the owners, Moscow realtors pointed out to RBC Real Estate. Because of this, the participants in the transaction have to leave the bank to the notary for certification, and then return to receive the money. “Given that notaries are always within walking distance of bank offices, there is no need for a notary to be present in a bank office,” said Ekaterina Leksakova, a Moscow notary and a member of the Commission on Ethics, Professional Honor and Image of the Federal Notary Chamber.

What is the price

Before the entry into force of the law, the independent execution of the transaction cost Muscovites 5 thousand rubles, calculated in the company "Miel-Network of Real Estate Offices". “The state duty for registering the transfer of rights to real estate is 2 thousand rubles, another 1.5 thousand to 3 thousand rubles. the draft sale and purchase agreement was worth it,” Marina Tolstik explained. - If the participants in the transaction decided to use the services of intermediaries (registrars), who took over the entire process, then the costs increased to 11-15 thousand rubles. Now the registration of an apartment will cost from 20 thousand rubles; in each case, the amount is calculated individually. Additionally, the notary will take from 5 to 15 thousand rubles. for technical work. “It is clear that with the price of an apartment in Moscow 15-20 million rubles. these 15-20 thousand rubles. - an insignificant fraction does not make any difference, but for the regions the figure is significant, ”said Alexander Chernokulsky, president of the Novosibirsk Association of Realtors.

The cheaper the apartment is, the cheaper the cost of certification will be, notaries and realtors pointed out. "According to tax code, the tariff will be 0.5% of the transaction value, but not more than 20 thousand rubles. That is, when selling real estate at a price of 1 million rubles. the tariff will be 5 thousand rubles. If we look at the average indicators by region and take into account that we are talking about shares in real estate, then we can talk about a certain conditional value of the share value of 500 thousand rubles. or less. Thus, the tariff will be 2.5 thousand rubles. or less, ”said Alexander Sagin to RBC Real Estate.

Who exactly will pay the notary is still unclear. “According to the tacit custom, the costs of paperwork are always borne by the buyer,” says Marina Tolstik. “The cost part falls on the seller,” disputed the arguments of her colleague Oksana Ivanova from NDV-Real Estate. - Previously, such a load did not arise. Sellers complain about these nuances, although the failure of transactions due to such a situation did not occur. We've always managed to find a compromise." “I think that if you are given a choice between an apartment with and without such expenses, then there will be bargaining,” says Konstantin Barsukov from Relight Real Estate. - If there are more sellers on the market than buyers, then, most likely, the costs will fall on the seller. Otherwise, it's on the buyer. This has nothing to do with real estate services, so realtors are unlikely to take on such costs.”

What will happen to realtors

The increase in the cost of housing transactions due to mandatory certification by a notary could be offset by a reduction in other costs. The obvious expense of the buyer is the payment for the services of a realtor. In the face of a struggle for a client, real estate agencies could lower the commission to keep those who do not want to spend extra money on a notary. Nevertheless, to the question of whether the introduction of a mandatory fee for notarization of transactions will lead realtors to reduce their commission, all the agencies polled by RBC-Nedvizhimost unanimously answered “no”. “We can talk not about reducing, but about increasing the commission,” says Oksana Vrazhnova, chairman of the board of the Miel group of companies. — Selling a share is a very complicated and time-consuming process: it takes a lot of time, and the commission for selling a share is significantly lower than for a deal with an entire apartment. Therefore, realtors are trying to convince clients of the profitability of the transaction with all participants in shared ownership, and not with one of them. I believe that other market participants will adhere to the same position.”

Miel's conclusions were confirmed by the Inkom-Nedvizhimost agency. “There is no question of any reduction in the real estate commission in our company. I am convinced that the position of the entire professional community will be the same,” said the director of the department secondary market Mikhail Kulikov — The content of a professional real estate service is to help a person in his problematic housing situation: its analysis, selection best options decisions, negotiations with participants possible deal, organization and security of real estate transactions. This is a high-tech process, which includes, among other things, mandatory work “in the field”. The notary cannot replace professional specialist on real estate. To what extent does the notary guarantee the buyer the preservation property rights is an open question. In our opinion, the legislators added a headache to the buyers and significantly increased their transaction costs. The notaries are obviously grateful; realtors shrug their shoulders in bewilderment, and buyers are forced to pay new, essentially imposed bills. “If we draw analogies, then such actions committed commercial company would be considered a forced service. But our legislators, apparently, think differently,” Barsukov supported his colleagues.

In 2019, the USRN already exists - single register real estate registration. This resource will include information that is reflected in the real estate cadastre.

Registration processes are unified and citizens can apply one application for two procedures, which indicates a serious saving of time spent.

Documents can also be accepted in the divisions of Rosreestr. By law, a citizen must create an appeal to the nearest territorial body. If a citizen in another locality, then there will be no need to go to another city - you can give everything Required documents at the nearest branch to your place of residence.

What transactions today are subject to mandatory certification by a notary?

It is possible to certify operations at the notarial level if both parties wish, but there are situations when support without a notary impossible by definition. In such situations, the legislation requires registration by agreement in a strictly defined form.

Such situations include the execution of agreements on:

1. Marriage.
2. , pledge of shares.
3. Preliminary in situations where the transaction will later be concluded in the presence of a notary.
4. Termination, assignment and change of debts under contracts that were concluded by a notary.
5. Alimony payment.

It is also necessary to notarize all the papers related to this: a testamentary refusal or laying on, as well as powers of attorney that are issued when determining the procedure for retrusting. Operations with vehicles must also be notarized, this also applies to cases where required state registration or notarization.

Notarization may not always be provided only by law. It is enough to include a certain clause in the agreement, and the operation will also have to be without fail be accompanied by a notary.

If citizens do not comply with the notarial form when making transactions, then such an act will entail recognition invalidity. Then after taking judgment the parties undertake to return all items that were transferred in accordance with the contract.

AT judicial practice there are situations in which the parties commit evasion from notarial support of the transaction. One side fulfills its obligations, the other refuses to do so. Such transactions, which have the format required in the field of notarization, may well be recognized as valid if the person concerned submits an application.

Subsequent certification will no longer be necessary, because the parties will be exempted from such a need as obtaining notary services.

The party that evades notarization of the transaction without good reason must compensate for the losses in favor of the second counterparty, which arise as a result of the delay in the correct execution of the transaction.

Which transactions do not require notarization?

All other transactions do not require notarization. Accordingly, they can be drawn up in the usual written form. it does not apply to mortgage transactions, registration of real estate, marriage agreements, annuity, assignment of rights.

For example, contracts for the sale of cars can be drawn up independently, without the participation of a notary.

Also do not include issuance of powers of attorney for the transfer of powers. But in a simple form, powers of attorney can be issued to receive wages and other receipts related to employment contract. Also, documents on copyright, receiving pension remuneration, scholarships and other benefits do not require the participation of a notary.

The procedure for notarization of the transaction

Let's take the situation with . This kind of deal is not mandatory in terms of certification by a notary. However, if you decide that such a transaction must be notarized, no one will oppose.

By signing this agreement, the transaction cannot begin and end. At the time of preparation of documents, it is necessary to consolidate business relations between the parties. After such an agreement is signed by the parties and certified by a notary, you need to proceed to. This is done in Rosreestre.

As a result, such a transaction will consist of three stages:

1. Conclusion of a preliminary agreement coupled with collection required list documents for notarization.
2. Signing general agreement contractors, certification of signatures in a notarial order.
3. Submission of documents to Rosreestr.

The first stage is important for both counterparties. The most important terms of the transaction, which include determining the value of the object, the procedure for transferring the object and settlement, must be documented.

In order for the buyer of the apartment to definitely remain the second party to the transaction until the end, you can demand. This will be an excellent guarantee of relationships. Be sure to spell out this clause in the terms of the contract so that the parties do not have any disputes on this issue. This practice shows that in 95% of situations, transactions are made successfully and reach their logical conclusion.

To prepare the certification of the transaction by a notary, a specialist must provide full package documents.

It includes:

1. preliminary agreement.
2. to the property.
3. Certificate of registration of the right. Required only if available.
4. all persons involved in the transaction for its implementation.
5. Permission for the sale of the property from the guardianship department when the apartment belongs.
6. Notifications about the sale of a share by other participants in the property when it is sold to third parties.
7. Certificate of registration in the apartment of persons or lack thereof, apartment card.
8. absence document.

Documents can be submitted as copies, but for verification of validity, the originals must also be collected. The timing of the preparation of this list will depend on the workload of the notary, so this issue should be discussed in advance.

In the second stage, there may be discrepancy between the interests of counterparties and the notary. The latter must do everything to make a deal recognized as indisputable. Sometimes the parties try to counteract this. As a rule, notaries are not interested in all other nuances of the agreement. The parties should read the document more carefully in order to amend it.

After all the subtleties are settled, the contract is signed by both counterparties.

The last procedure is the most obligatory and the main one. It is secondary after the signing of the sale and purchase agreement, but this does not lose its importance. The deadlines for filing an application after signing the agreement are not regulated by law, but it is not recommended to delay such a case.

The buyer must pay for the registration. The amount is small - this is a state duty, the amount of which is 2000 rubles. Registration of rights under a notarized contract is quite fast - period is 3 working days. Also, participants may not register on their own - for this you can use the notary himself, but this will incur unnecessary financial losses. In practice, now there are no large queues in Rosreestr, so you can not involve a notary in this process so as not to lose time and money.

The cost of notary services

Each service provided by a notary must be paid. This is regulated by Art. 333.24 of the Tax Code of the Russian Federation. As for real estate transactions, here the notary must obtain state duty in the amount of 0.6% of the value of the object.

The notary is also paid technical side operations - paperwork. Here, payment is appointed by a notary, but, as a rule, does not exceed 2000 rubles. As a result, it turns out that the costs of a notary are always high, and the parties always face the question of the need for his services before carrying out an operation. Of course, the payment of notary services is the responsibility of the buyer of the object.

As for other types of relations with a notary, you can learn more about their cost from the provisions of Art. 333.24 of the Tax Code of the Russian Federation.

First hand consultation

A notary from Rostov-on-Don Oksana Nikolaevna Bondar talks about latest changes in real estate law.

- quite a serious and responsible business. It has a lot of subtleties, in particular - whether it is necessary to certify such an agreement with a notary. As well as the benefits that notarization can bring.

Notarization is a special procedure that increases the reliability of the transaction. When certifying the contract, the notary:

1. Checks if it is well-formed (or ).
2. Explains its meaning and consequences to the parties.
3. Certifies that the contract is signed by exactly those persons who are indicated in it.
4. And that they understand the essence of the deal.
5. If the contract concerns the property for which it is registered, the notary checks to whom it actually belongs.

Certification of the contract of sale of storage

All transactions have their own characteristics. Consider the nuances associated with notarization of land plots.

In most cases, it is not required to certify a contract for the sale of land. This is mandatory only for some transactions, namely:

1. If one of the owners - or incapacitated.
2. If sold.

If the land was acquired in marriage, a husband or wife will be required. The contract itself in such situations is not certified.

Features and Benefits

Often, the parties still prefer to turn to a notary, even in cases where this is not necessary. This is in the interests of both the former and the new owner. The buyer can be sure that:

1. He acquires the land from the one who has the right to sell it.
2. The contract is drawn up correctly, and his right to the land will be registered.

Otherwise, he risks becoming a victim of scammers and being left without land plot. The transaction may be invalidated or not registered with Rosreestr. Refunds can also be tricky, especially if the seller is in hiding. Law enforcement assistance may be needed.

The certificate of the contract is also beneficial for the seller. After all, if the sale is canceled, he will lose at least time to find a buyer and complete the deal. It may also happen that the best time to sell will be missed, because land market there are seasonal fluctuations.

How certification is carried out

The contract is certified in the presence of the parties. The cost depends on the price of the plot:

1. If the cost of the site is less than 1 million rubles, you will have to pay 3,000 rubles and another 4% of the amount.
2. Within 1-10 million rubles - 7,000 rubles and 0.2% of the cost exceeding 1 million.
3. If the plot is more expensive than 10 million rubles - 25,000 rubles plus 0.1% of the amount in excess of 10 million, but at the same time no more than 100,000 rubles.

There are also benefits if the transaction is made between close relatives:

1. In the first and second cases, you will need to pay 3,000 rubles and another 2% of the amount of the cost over 1 million.
2. In the third - 23,000 rubles and 0.1% of the amount over 10 million, but not more than 50,000 rubles.

In cases where the certificate is required, the rates are different. You will need to pay 0.5% of the cost, but at the same time, not less than 300 rubles and not more than 20,000 rubles.

Technical work is additionally paid, that is, drawing up a contract. In different offices, this service can cost 6,000-10,000 rubles.

Registration procedure

When contacting a notary, he or his assistant draws up, which includes the conditions agreed by the parties. Less often, a ready-made contract is brought to him, which the specialist checks for the correctness of the drafting.

Then the notary reads the document and, if necessary, explains its meaning. After that, the parties sign on each copy. The notary verifies their identity (from passports or other documents) and certifies signatures. One of the copies of the contract remains in the notary's office. One more will be needed for registration, and one remains for each of the participants. In this way, the minimum number of copies of the contract for the sale of a plot with notarization is four.