The exchange of an apartment, unlike sale, makes it possible to move to new housing, not having a full amount for its purchase in hand. What are the methods of exchange of an apartment?

How to exchange an apartment correctly: procedure order

The exchange of an apartment, unlike sale, makes it possible to move to new housing, not having a full amount for its purchase in hand. In addition, the exchange is the only opportunity to improve the conditions for those who live in an indispensed apartment under a social rental agreement.

What are the methods of exchange of an apartment?

Depending on the purpose of the exchange and status of real estate, there are different ways to change the apartment:

The exchange of municipal housing – in this case, an indispensed apartment changes to the same unfinished;

exchange of apartments for several apartments or rooms – when the owner in return for the apartment of larger area receives several rooms or apartments of smaller area;

Exchange of the apartment for an apartment with a surcharge – this option is possible only for privatized apartments;

exchange of a privatized apartment for a country house (with or without surcharge);

Exchange – exchange of an old apartment for an apartment in a new building.

Is it possible to exchange a non -suppressed apartment?

Yes, you can. If you rent housing under a social rental agreement, the law gives you the right to exchange your apartment for another room, which is in municipal property. But it is worth considering that in practice such transactions are very rarely found their difficulties and a large number of necessary approvals.

The main difficulties include the search for an apartment that would correspond to the wishes of the residents. In this case, the choice is limited to the municipal housing stock. In addition, it is necessary to obtain the consent of all residents and municipality.

More about how to privatize the apartment can read here.

What contract should be concluded when exchanging an unreasonable apartment?

In the case of the exchange of municipal housing, according to the law, you can conclude only exchange agreement.

What documents are needed for the exchange of a non -suppressed apartment?

The list of basic documents that are submitted to the municipality are as follows:

• application indicating the causes of the exchange and the address of the apartment to which it is planned to move;
• exchange contract;
• social employment agreements for both apartments;
• Order for the apartment (issued until March 1, 2005);
• copies of passports of tenants;
• certificates of lack of debts for utilities;
• technical passports of both apartments (can be obtained in multifunctional centers of public services (MFC) for 10 business days);
• certificates of evaluative value of both premises (it can be obtained in BTI with personal circulation or ordered through the MFC);
• notarized consent of all adult residents;
• certificates on the condition of the houses in which the apartments are located;
• permission from the guardianship authorities (if there are minors or incapacitated among the tenants).

If apartments are changed in different regions of Russia, then documents are submitted to both local self-government bodies. Officials are required to consider the application and the package of documents within 10 working days. If approved, you can move.

In what cases can the municipality refuse to exchange a non-privatized apartment?

Refusal is possible in several cases, which are fixed in the law. You can not exchange apartments that are recognized as objects of court cases, as well as housing for demolition. In addition, as a result of the exchange, citizens suffering from a number of chronic diseases that can be dangerous to others cannot be relocated to a communal apartment.

Is it possible to exchange a privatized apartment for a non-privatized one and vice versa?

As a rule, the exchange of public housing for private is not practiced. There is no ban on the exchange for a privatized apartment, but there is no permission for it, which means that such cases can only be carried out if there are permits in certain regions (in Moscow this was possible until 2005) or by court order.

How to exchange housing that is privately owned?

It doesn’t matter if you plan to exchange one apartment for several apartments or for a country house, there are two options for completing a transaction:

• direct exchange using an exchange agreement (when there are 2 parties in the transaction);
• alternative exchange using a contract (when there are 3 or more parties in a transaction);
• exchange according to the scheme (when the old apartment is changed to an apartment in a new building).

How to use the direct apartment exchange?

If you are just exchanging one apartment for another, you can use the exchange agreement. In this case, both parties to the transaction simultaneously act as a buyer and seller.

This type of transaction has great advantage: if one of the parties does not fulfill its obligations, then the other does not receive an apartment. That is, when concluding an exchange agreement, the risks of being left without housing are reduced to zero. If the parties to the agreement exchange housing that is not of the same value, it is possible to carry out the exchange with a surcharge, but in this case, taxes will have to be paid.

Read more about paying taxes when selling an apartment. here.

What is direct and alternative exchange?

An alternative exchange assumes that 3 or more parties will participate in the transaction (for example, relatives want to leave and exchange a three-room apartment for two: a two-room and a one-room apartment). In this case, a buyer is sought for the apartment to be exchanged, and in parallel with this, an apartment is selected for purchase instead of the apartment to be exchanged. In fact, in such transactions there is not an exchange in its pure form, but the sale of an old apartment and the purchase of a new one at the same time.In this case, the exchange agreement is not concluded, but a standard agreement is concluded under which calculations are made. The disadvantages of alternative exchange are the same as when concluding a contract.

An alternative exchange can be carried out independently by finding a buyer for your apartment and choosing new housing. However, in order to quickly find suitable options (and increase the choice), many use realtors' services.

What is the Trade-in scheme?

– This is a scheme for the exchange of old housing for a new one proposed by realtors. This method is an alternative exchange. There are two contracts between the parties. Under the first agreement, the owner of the old apartment allows the developer or his representative to sell housing, according to the second – at the proceeds plus the surcharge, the developer provides the owner with a new apartment.

This scheme allows you to improve housing conditions and at the same time immediately move to a new apartment. However, there is a drawback: as a rule, it is usually difficult to find the buyer for the sale of old housing for several months, and it is usually difficult to find documents for such a short period. In this case, the buyer may be a realtor, in whose interests the cost is underestimated. Thus, it can threaten a significant overpayment for the owner of the old apartment. To avoid this, always carefully study the proposed options and calculate your benefit from the transaction.

Can I take a mortgage when exchanging an apartment?

Yes. However, in this case, only schemes with the conclusion of contracts can be used. Thus, the bank will regard the transaction not as an exchange, but as the purchase of a new apartment, while the cost of old housing will be taken into account as the initial contribution.

Instructions, how to get a mortgage loan or loan, read the instructions ask. Dom.rf.

Is it possible to exchange a mortgage apartment?

Yes, you canbut for this you need to get permission in a bank that issued a mortgage loan. The apartment purchased in a mortgage, although it is the property of the buyer, is pledged by the creditor. So, during the exchange, the bail is actually replaced by a loan. At the same time, all obligations under the mortgage agreement are retained: in other words, you cannot transfer the apartment along with the duty.

Typically, the exchange of a mortgage apartment takes place in several stages: the borrower signs the exchange agreement (replacing the pledge on the loan), draws up a loan to pay off the debt on a mortgage, after which the deal is drawn up: the borrower sells an old apartment and buys a new one.

Lenders consider each appeal for the exchange of a mortgage apartment separately and take into account the circumstances in connection with which the need for exchange arose. As a rule, banks are reluctant to go to such transactions: this increases their risks and requires renewal of documents, and this is due to additional expenses.

What documents are needed to exchange a privatized apartment?

The same as required when buying and selling. This is what the main list of documents looks like:

• confirmation of ownership of the apartments involved in the transaction (certificate of ownership or extract from the register);
• passports of all apartment owners (for children under 14 years old – a birth certificate);
• cadastral passports of all apartments (from BTI);
• notarized consent of the spouse and marriage certificate (if the apartments were purchased during the marriage and their status is not regulated by the marriage contract);
• permission from the guardianship authorities (if among the owners of apartments there are incompetent citizens or minors);
• certificates of the absence of utility debts for all apartments;
• certificates of the presence or absence of registered citizens in the apartments;
• barter agreement or contracts.

What to do after the deal is closed?

After the conclusion of the exchange agreement, within the terms indicated in the agreement, you can move to a new housing. If we are talking about the exchange of municipal apartments, after the move, you must contact the local government to conclude a social tenancy agreement.

If the apartments were privatized, it is necessary to register the transfer of ownership in Rosreestr at service branches or through the Multifunctional Center for Public Services (MFC). To do this, you must submit the same package of documents as when buying an apartment:

• original barter agreements or agreements in copies according to the number of parties to the transaction and one copy for Rosreestr;
• notarized consent of the spouse of the seller to conduct the transaction (if necessary);
• documents confirming that the consent of the spouse is not required (if necessary);
• consent of the guardianship authority to dispose of the property of minors and incapacitated persons (if any).

In addition, it is necessary to pay a state duty for registering the transfer of ownership (for individuals – 2000 rubles). After Rosreestr registers the ownership, the new owners enter into their legal rights.

Do I have to pay taxes for an apartment exchange?

When exchanging municipal apartments, taxes are not levied – the parties do not even need to fill out declarations, since the property was not transferred into the ownership of tenants (it remained state-owned).

If property exchange transactions are concluded through an agreement (for example, in cases with or alternative exchange), its participants have an obligation to pay taxes. Read the instructions on how to calculate the tax on the sale of an apartment and take advantage of tax deductions. ask.home.rf.