Buying an apartment in Moscow

• Main article: Real estate (Russian market)
• Main article: Real estate in Moscow

Prices

2021

The rise in prices for apartments in Moscow set a record over the past 12 years. Prices in the secondary housing market in Moscow from January to March 2021 increased by more than 22%, which was the highest figure since 2009. In the first quarter of 2021, the price of 1 sq. m in the secondary housing market in Moscow reached almost 210 thousand rubles, according to the results of a study by the Global Residential Cities Index. Compared to the same period of the previous year, the growth was 22.4%.

2020

2019

Number of transactions

Legal cleanliness of the apartment and how to check it

The first sign that the matter is not clean is a low price. Yes, in 2019, you can see a significant discount on the market, sometimes reaching up to 20 percent. Nevertheless, you need to understand what such urgent and urgent circumstances forced the seller to reduce the price so radically. After waiting 5-6 months, he could get more.

Extract from USRN

The easiest thing you can do is get an extract from Rosreestr:

Extended extract from USRN (USRP)

It displays the entire sublime history of transitions of the right to own an apartment, ever imposed encumbrances and arrests. Any person can receive a regular extract from the USRN on the basic characteristics of any apartment, registered rights to it and an extract on the transfer of rights. If you need a printed paper version, then welcome to the MPSC. A regular certificate costs 250 rubles; with data on the transfer of rights (previously called the "extended help of the USRP") - 400 rubles. It is possible to receive in electronic form, the cost is 60 rubles. Yes, at the exit you will not receive a piece of paper with a seal, but this is quite enough to familiarize yourself. The deadline for the execution of the application is three days (as a rule, they manage to do it in one) after payment and ordering a certificate on the Rosreestr website.

Archive Extract from House Book

Archival extract (sometimes you can get by with data from the Central Bank) - shows about the registration ever made in the specified territory (permanent registration, temporary, where they went, for what reasons and when). The owner can receive it at the oral request, while it is desirable to be present at the receipt of the document. The extract is a very important document. You should immediately be alerted by the facts, for example, the discharge of a minor shortly before privatization and, accordingly, not participating in it. The most humane court in the world will indicate at the request of representatives of the infringed teenager - the child was specially discharged, infringing his rights, so the deal is going back, and the child is obliged to receive part of the apartment you bought.

Of course, you have the right in this situation to demand compensation from the people who sold you this apartment. However, most likely, the people who turned such a chain took care of this option in advance and either do not have any property that could be seized by bailiffs, or left the country in advance.

When buying an apartment, 100% ownership of a person who "got" into a mortgage, and later decided to find a different family, can be registered. Accordingly, there is a reason to protest the transaction, and allocate part of your real estate for the child's residence. Again, according to the law, a child cannot be registered alone in an apartment. Thus, a mother with a child will already live on your territory, to whom you will be obliged to allocate a separate room.

It is important to understand that the statute of limitations ends at the time of his majority. And it could have been privatized a year ago, and the child was then a year old.

Also, the reason for recognizing the transaction as null and void may be the fact that when buying a new home, the child worsened his living conditions. And it does not matter that a 5-room apartment in Kostroma costs less than 1-room in the center of Moscow. A competent lawyer will reverse the deal without a problem.

Moment of inheritance

There is a similar situation. If in the entire chain of transitions of law there was a transition by inheritance, personally I would refuse such an apartment - there is always a risk of heirs. Even if the apartment changed several owners after the death of the testator. On the one hand, in hereditary cases, there are statute of limitations. On the other hand, in the GC article these terms are described as follows:... " from the moment the heir found out, or had to find out about the death of the testator.. " Thus, if an heir appears and proves that he did not know and could not know about the death of the testator (he was in prison, abroad, etc.), the statute of limitations can be restored. This matter is complex and far from always real, but, we want to protect ourselves as much as possible and sleep peacefully, right?

The problem with the establishment of all heirs is simple - no one knows how many children the deceased had. All registry offices of the country will not go around. Often, wives do not know how many children their husbands actually have. And given the fact that in 1991 the largest country in the territory collapsed and a huge number of our compatriots suddenly ended up abroad, the situation is even more complicated.

Prisoners

Another potential catch is citizens who were once registered in the apartment, and who left for places not so distant. You understand, instead of finishing the apartment with a showdown with a criminal, the case is not the most pleasant. Therefore, we track and understand.

Transactions using maternity capital

In recent years, another problematic category has appeared - transactions with the use of maternity capital. According to the law, parents who bought real estate using maternity capital are obliged to allocate a share to the child. In fact, this mechanism is declarative. The pension fund, through which the issuance of maternity capital is being processed, did not immediately and not in all regions began to demand compliance with the law, so you need to be on the lookout.

Only the main risky moments in the history of the apartment are described here. There are a lot more of them in real life. Rent, minor owners and guardianship, etc. The most important thing here is to understand the principle: there must be an understandable and logical explanation of all transitions of law, all registrations and losses. Especially at moments of key points - the transition of law.

Certificates that the seller is not registered in psychoneurolgic (PND) and narcological (ND) dispensaries

It is advisable to take certificates about the absence of contraindications to transactions in the real estate market ( psychiatrists can call a certificate differently, the meaning does not change from this). Remember that the seller can make the help himself, but with the same success you can print the help on the printer and put the left print. The best option is to get certificates yourself or go to dispensaries with the seller yourself. Yes, the service is paid. Usually the seller pays for it.

You should be alerted by the following points:

• Age over 60. It is possible that the veteran's dear relatives who had views of the apartment will be unhappy. The transaction may try to invalidate due to the reception of various sedatives. It will be especially easy to protest the deal if relatives find records or prescriptions mentioning a number of medicines in the outpatient card;
• There are signs of alcoholism, drug addiction, chronic illness;
• The seller shall be registered with the IPA or RD. In this case, you order a medical examination. A psychiatrist/narcologist (who you need) will come to you directly for a deal and conduct an examination of the seller (it can cost from 2 thousand to 15 thousand rubles, depending on the region) with the issuance of an act.

Walking around housemates, visiting the EIRC

Often, neighbors know more about each other than even their own parents. Scandals, mistresses, children, drunkenness and drug addiction, poor wiring, sewage, a leaky roof and problems with water supply - all this data will be shared with you with pleasure by future neighbors. Unlike your seller, they have nothing to hide - after all, they still live and live with you, and the seller needs you only until the money is handed over.

Risks of transactions with non-residents

Given:

• the sale and purchase of the apartment;
• registration was made with a notary;
• settlements through a bank cell;
• the sale price is 12 million;
• sellers: a completely summer citizen of the Russian Federation 2/3 of a minor citizen of the Russian Federation 1/3 of a share - both residents of the Russian Federation;
• the buyer is a citizen of the Russian Federation - a non-resident of the Russian Federation

Result: 2 years after the transaction, sellers received a claim from the tax to pay a fine of more than 18 million rubles. - 9 million for each.

The legislation on currency regulation at the beginning of 2021 provides that all transactions with the participation of non-residents of the Russian Federation should be carried out exclusively in a non-cash manner; Article 15.25 of the Code of Administrative Offenses of the Russian Federation provides for a fine for violation of currency legislation in the amount of 75 to 100% of the transaction amount; violation of the currency legislation in the case under consideration was the fact that settlements under the transaction were made through a bank cell.

As this example shows, as well as other similar cases, the vast majority of realtors, sellers and buyers of real estate and, as it turns out, even notaries, do not know anything about these pitfalls of Russian legislation and therefore do not warn anyone about the risks of multimillion-dollar fines.

How to check your counterparty? First, let's decide on the concepts of resident/non-resident, for individuals.

A typical mistake is the idea that residents are citizens of the Russian Federation, non-residents are foreign citizens and stateless persons.

In fact, a foreign citizen can be a resident, and a citizen of the Russian Federation, in turn, may not be a resident. The key point is the period of stay or absence in Russia. So a foreign citizen, officially located on the territory of the Russian Federation for more than 183 calendar days over the past 12 months, becomes a resident, and a citizen of the Russian Federation, absent in Russia for more than 183 calendar days over the past 12 months, on the contrary, loses the status of a resident.

One of the easiest ways to check the status of a resident/non-resident is to request a foreign passport from the counterparty, which will determine the terms of stay/absence in the Russian Federation of interest.

It should be especially noted that it does not matter whether the buyer or seller is a non-resident under the transaction, the fine will still be. In addition, this rule applies not only to transactions for the sale of apartments, but also to the sale of cars, summer cottages and other property.

Specifics of Realter Contracts

Most often, the agency does not bear material responsibility for its mistakes. All a realter can do is choose 5-7 apartment options and organize meetings of interested parties. The rest of the time will be spent convincing you of the futility of finding more interesting options.

Mortgage will secure the deal

Alternatively, if the price is very attractive, your money has already been collected, but you are confused by the circumstances of the acquisition - take out a mortgage for a small amount, or for a short period. You can also take 100 thousand rubles on a mortgage, or you can return it in a month. Yes, you will overpay for insurance (from 5 tr. Rubles), and approval of the transaction (a slightly large amount), but the bank's lawyers will find out almost everything about the apartment through their channels, and it will be free for you.

Deal Title Insurance

Another way to protect yourself is to use title insurance for a real estate transaction.

New buildings: is everything easier?

The procedure for checking the new building:

• land contract. Property or lease. If this is a lease, then we look at the timing. An adequate period is a year or two. These are deadlines for construction, not for the use of the house. Once completed, the land remains in state ownership. But, in accordance with the housing code, the owner of the apartment becomes the owner of the land under the house. If the lease is short, the developer is unknown, the purpose of the land does not correspond to what is being built on it, and construction has just begun, this raises questions. We need to look at the terms of the lease extension. What will happen if the lease terms have passed and the house has not yet been completed?

• Purpose of the land. It must correspond to the object: a multi-storey building, a mid-rise building, low-rise construction. For example, there is a permit for summer cottage construction or IZHS, and a 5-story building is being built. The purpose of "residential construction" sounds unconvincing. But, if regpalata registers with such an appointment of an equity agreement under Federal Law 214, then the scheme works.

• Resolution of the head of the city

• Construction permit (based on the decree of the head of the city)

• Urban planning justification for the location of the facility. As a rule, no one provides this and no one asks.

• Agreed Initial Permit Documentation (IRD). You can request this documentation. There are all sorts of technical parameters of the complex. Agreed with local authorities. Different from the draft declaration. The project declaration is a description of the complex by the developer himself.

• Project documentation. Must be approved by the regional or city architectural committee.

• Agreement on obtaining permission to connect to public networks. Gazprom for gas, for electricity, the same for heat and water. Stories about how the house was built, but neither to water, nor to electricity, nor to gas supply, we see constantly.

• Preliminary Area Allocation Document.

What should alert when buying a new building

Realter's or developer's proposal to conclude:

• Preliminary Sales Agreement (Pre-Contract)
• Investment Agreement
• Loan agreement (debt bill)
• DDU Agreement (Shared Participation in Construction)

The last version of the DDU is less risky than the previous ones, but nevertheless, in accordance with the current legislation, gray schemes are a thing of the past. More precisely, according to the old schemes, it will be allowed to build only megamonstrams (TOP-10 developers in Russia, building up from 4 million square meters, in at least 4 regions). So, if they sell not according to the DDU, we especially furiously check the developer and the documents listed above. We remember that if we buy real estate under 214 FZ, the state takes on part of the risks.