Exchange of real estate is not the easiest and most convenient way to change and improve living conditions. And yet, the question of how to exchange an apartment for an apartment will always be relevant. A transaction of this type, in its alternative version, involves a much faster move to a new location, and there is much less hassle for the participants in preparing and executing the transaction. There are a variety of possibilities and many ways to exchange an apartment for an apartment. There are probably no real estate experts who would not discuss and classify each case. This article will provide a list of the usual package of documents that will have to be collected before exchanging an apartment for an apartment.

Reasons for sharing and goals

There is a long list of reasons for the exchange, and all of them with great force encourage individual citizens to exchange their housing, to change their place of residence that has already become habitual. And therefore, many ways have appeared on how to exchange an apartment for an apartment, depending on the conditions in each individual case. Exchange has both its advantages and disadvantages. Most common cause exchanging housing, there may be a need to improve living conditions, that is, expanding the living space (for example, the family has expanded, needs have grown, or more comfort is needed), and then an option is sought in which it becomes possible to exchange one’s own real estate.

The exchange of apartment for apartment, according to realtors, may also be required for an adjustment when a large living space is exchanged for a smaller one with an additional payment. In this case, a place to live is preserved, and means appear to improve the quality of this life. But much more often in Lately the opposite happens: while maintaining real estate, people exchange apartments for apartments from a smaller one to a larger one, adding space in the form of additional square meters. One is exchanged no less often big flat two smaller ones if the family decides to leave. This happens during divorces, of which there are a lot now, or when adult children are moved to separate housing. For example, exchanging a 1-room apartment for a 1-room apartment is less common. Here the reason may be a change in the area to a more prestigious one or a series of houses with a more convenient layout.

Options

In Soviet times, apartments were practically not sold, since almost all of them were, as they now say, municipal property. Therefore, such a real estate transaction as exchange prevailed. Then an equivalent one was not uncommon, especially when moving, when apartments were exchanged from city to city. This usually happened when changing jobs or changing life circumstances. Long-distance exchange was a lifesaver, although it took an incredible amount of time and effort. And now it does not eliminate the need to search for a buyer in one’s own city or search for an apartment in a foreign one. And he only helps people in these troubles. This exchange is usually made through a sale and subsequent purchase. There are also alternative transactions, as well as direct exchange of an apartment (secondary housing), but much less frequently. These three options are used most often by real estate agencies.

The first option is the simplest, and therefore the most often used. If the owner of the apartment has sufficient experience in working with real estate, he may not need a professional realtor. In this case, the process is divided into two operations: searching for a buyer and selling your apartment, while at the same time looking for new housing that meets all the requirements. With direct exchange without a realtor a common person It's unlikely to work. Here you need a realtor who is quite experienced and knows how to exchange both privatized and non-privatized apartments. Difficulties arise from the fact that there are always several times more people wanting to sell living space than there are people wanting to exchange them. There are slightly more of those who want to exchange an apartment for an apartment with an additional payment.

Risks

And yet the choice remains extremely narrow for each of the parties to the transaction. An alternative transaction is carried out only by experienced realtors, since financial risks very large for the participants. The buyer of the apartment gives an advance, and the seller of the home makes a payment for the apartment he intends to buy. In this way, the price of the apartments is fixed and the seriousness of intentions is confirmed (after making an advance payment, it is difficult to refuse the transaction).

The instability of the financial situation in the country creates special risks for those who exchange an apartment through sale and subsequent purchase. This is especially true for people who decide to exchange an apartment for an apartment with an additional payment. There are any number of such cases when a sudden jump in prices caught people after selling their old apartment and before buying a new one. There is not enough money, and there is no place to live. An alternative transaction eliminates this risk. There is another method, tested by realtors in the capital and used quite often when apartments are exchanged in Moscow.

Trade-in

This method is called Trade-in, in which the client exchanging housing quickly moves to a new building, and his old apartment is accepted as payment. Currently, this method is quite popular in the capital. The method is convenient and fast - the whole transaction takes three days at most. Of course, the secondary market still dominates in terms of the number of transactions, but that’s all more people want to exchange an old house for a new building, and this method is increasingly being practiced, allowing even the exchange of a 1-room apartment for a 1-room apartment to be profitable.

Moscow renovation is now moving in the same direction. There is also an exchange using an additional payment from maternity capital, and today such a transaction is not at all exotic. A similar service is on the list of any self-respecting real estate agency. The exchange of apartments in Moscow is very widely represented by transactions with maternity capital (but this can be done if the child to whom the funds belong has already reached the age of three).

Exchange with mortgage

Questions regarding the exchange of an apartment that is under mortgage are raised quite often. This is another rather complex type of work with real estate, and over time it is becoming more and more common, since a very significant proportion of apartments are purchased on credit. This operation requires not only approval, but also the direct participation of the bank that financed the purchase of housing.

The technical side of this transaction is that not one, but two contracts are concluded at the same time: one of them is for the sale, and the second is for the purchase. When selling an apartment, the buyer must pay the debt to the bank instead of the seller, or the debt obligations are transferred to him. Banks do the latter more than reluctantly. In addition, the bank places an encumbrance on the apartment simultaneously with the re-registration, and this will not allow the new owner to sell this property until the debt is fully paid off.

Exchange with municipal property

Another type is exchange own apartment to municipal, and vice versa. It must be said that a huge part of real estate, even in the capitals, has not yet passed into private ownership, and in city funds there is quite a lot of municipal property. This, of course, does not mean that such an apartment cannot be exchanged. All citizens of the country have the same right to claim better living conditions. You can change the area or expand your living space, but the only way to do this is to exchange the apartment for a new one.

Methods of buying and selling cannot work here. Even the exchange in this case will be quite difficult compared to privatized apartments. The owner of municipal housing will have to collect a lot of paperwork, and the owner of privatized housing will receive practically no benefit from the exchange. The apartment exchange agreement is supported by a social tenancy agreement, which regulates living in a municipal apartment, and the owner of a private living space will have to re-register it in his name. And the owner of the municipal apartment receives full ownership of the new one. Apartment owners who want to change their living conditions can choose from a variety of methods listed, that is, use the exchange of a larger apartment for a smaller one, counting on an additional payment, or use a sales agreement, exchange agreements, and the like. Those living in a municipal apartment are in completely different conditions - only exchange is valid here. Many people first privatize housing, and then sell and exchange it, it’s easier and more profitable.

Tax and package of documents

And another one of the most important aspects apartment exchange - taxation. The Tax Code does not in any way regulate the tax on direct exchange of apartments, but the Civil Code in Article 567 states that the exchange agreement follows the same tax rules as purchase and sale. The party transferring ownership rights is recognized as the seller, and the other party is recognized as the buyer, and therefore the tax payment for each of the apartments will be calculated according to in kind the cost of living space, which is reflected in the exchange agreement. No tax is charged on exchange only if the apartment has been owned by the owner for more than three years.

The list of contents speaks best about the package of documents:

1. Documents determining the ownership of the living space.

2. Cadastral passport.

3. A copy of the personal account and an extract from the house register.

4. Document of the estimated value of the apartment after the real estate appraisal.

5. Identification documents (birth certificates and residents’ passports).

6. Certificates of divorce or marriage (if the property was purchased before the divorce, the transaction requires the written consent of the former spouses).

7. Certificate from the department of guardianship of minors (if they are registered in the living space or have shares).

Guarantees

Transactions involving the exchange of one property for another are always more complex than a regular purchase and sale. This procedure will most likely require a professional approach, but even in this case there are certain risks. Gets lost a large number of time and much more effort.

Only engaging the services of a competent realtor in some way saves time and nerves. Particular risks exist in document verification. A specialist from a real estate agency will be able to prevent at least these troubles associated with the exchange of secondary housing. After all, several owners have probably changed here, and therefore there is a danger if someone’s rights are violated.

Intercity exchange

The risk especially concerns intercity transactions, even if an apartment is exchanged for a suburb. Even within one city, this task is quite difficult, since it is the most complex look housing transactions. But here the owners and objects are distant from each other purely geographically, and in different places the practice of real estate transactions differs, and it’s good if it’s just noticeably different, and not radically.

But there is also a last option, which seriously affects the final result of this enterprise. Arranging such transactions is extremely difficult. The simplest issues with registration and check-out, with the physical vacancy of the apartment, are not so easy to resolve even by agreement. But almost always the matter concerns much more difficult to solve problems.

Direct exchange and alternative

There are two main ways to exchange apartments between cities - using direct and alternative technologies. Direct exchange has been known since Soviet times and is carried out according to the mutual interest of the parties, that is, for example, residents of Moscow who want to move to Ryazan must find people in Ryazan who want to move to the capital, and so that the living quarters correspond to the wishes of both parties. The hardest part is finding options. All existing methods searches are not efficient enough, even over the Internet. Therefore, only the first stage of exchange most often lasts for years. The second method is a counter purchase (alternative). This is a market-based option that provides a greater likelihood of a successful transaction. The bottom line is that you first need to sell an apartment in Moscow, and then buy it in Ryazan.

The exchange is carried out through direct finance, and therefore things will go faster and with better quality, although certain difficulties cannot be avoided here (time to buy a new home when the old one already needs to be vacated, for example, or re-registration). One of the most important circumstances is the timing of all stages of the transaction, which must be prepared so that there is no delay at any of its stages. Also key point is also carrying out calculations. Most often (and this is the best option) a safe deposit box is used. The entire amount intended for the purchase of an apartment, on the day of signing the documents and the contract, is deposited in a cell, to which the seller gains access only after state registration of the contract, after which he automatically becomes the owner of this living space.

If an exchange is possible, it is necessary to collect a number of documents: an application from the employer, signed by all adult family members, including those temporarily absent; original order or rental agreement; certificate of persons living in this living space; a certificate from the housing maintenance organization confirming that there are no debts on utility bills. If minors, incompetent or partially capable persons live in the apartment, you must obtain written consent from the guardianship and trusteeship authorities to complete this transaction. Next, between tenants wishing to make an exchange, an agreement on the exchange of residential premises is signed. Its original is presented by the employers to each of the landlords with whom they have concluded social rental agreements in order to obtain consent to carry out the relevant exchange. Content:

• How to exchange an apartment correctly.

How to exchange an apartment

EGRN: The Unified State Register of Real Estate (USRN) is maintained by ROSREESTR - the Federal Service for State Registration, Cadastre and Cartography. Since 01/02/2017, the register of real estate objects and rights to them has been maintained in in electronic format. 6. Applications to Rosreestr: You can submit an application to Rosreestr through the MFC - multifunctional centers “My Documents”, regardless of the location of the property. Rosreestr is closing its offices for receiving and issuing documents.
7. Confirmation of ownership: A certificate of state registration of ownership is no longer issued. The only evidence of a registered right is the presence of a record of this in the Unified State Register, therefore, after registration of ownership, the new copyright holder will be issued an extract from the Unified State Register containing complete and reliable information about the property, registered rights and restrictions on rights. 8.

How does the exchange of apartments take place?

Russian Federation about enforcement proceedings, in the event of: 1) the death of a debtor-citizen, declaring him dead or recognizing him as missing, if established by a judicial act, an act of another body or official claims or obligations cannot pass to the legal successor and cannot be implemented by a trustee appointed by the guardianship and trusteeship body; 2) making a record of exclusion legal entity(debtor-organization) from the unified state register of legal entities.3. A one-time compensation to the persons specified in part 1 of this article cannot exceed one million rubles.4.

The Russian Federation, represented by the rights registration authority, has the right of recourse in the amount of the reimbursed Russian Federation in accordance with this article amounts.

How to exchange apartments without buying and selling

Important

In turn, the opportunity to “exchange an apartment for a larger one with an additional payment” is exactly what citizens who want to improve their living conditions need; In addition, there are always people who want to exchange a large apartment for two smaller apartments. In this case, we are most often talking about the division of inheritance or about separation - during a divorce, family members share a common living space and move to live in separate apartments.

When exchanging, a lot depends on the location and condition of the apartment, for example, small apartment in the central area of ​​the capital it is quite possible to exchange it for a fairly spacious living space located at a certain distance from the center. Moreover, there is a possibility that the owner of an apartment in the center will not have to pay an additional fee.

How to exchange an apartment correctly. real estate exchange methods

How to exchange apartments Long-distance exchange was a lifesaver, although it took an incredible amount of time and effort. And now it does not eliminate the need to search for a buyer in one’s own city or search for an apartment in a foreign one.
And only a good real estate agency helps people with these troubles. This exchange is usually made through a sale and subsequent purchase.

There are also alternative transactions, as well as direct exchange of an apartment (secondary housing), but much less frequently. These three options are used most often by real estate agencies.

The first option is the simplest, and therefore the most often used. If the owner of the apartment has sufficient experience in working with real estate, he may not need a professional realtor.

Housing consultant

However, the fact that the housing belongs to the city does not mean that those living in this apartment cannot claim improved living conditions, and the only way to expand the living space (or change the area) is the same exchange. However, such transactions have not become widespread due to the need to collect numerous papers, as well as the unprofitability of the exchange for the owner of privatized housing.
Living in a municipal apartment is regulated by a social tenancy agreement, and while the owner private apartment moves to a municipal apartment, this agreement is reissued in his name, and the other party receives full ownership of the apartment.

Features of an apartment exchange agreement in 2018

• Tax deduction

In this article we will look at the tax deduction when exchanging an apartment. Let's learn about the registration procedure. We will sort out the necessary documents.

Attention

When carrying out a housing exchange transaction, as well as when concluding a purchase and sale agreement, the buyer and seller have tax obligations. The exchange agreement is also the basis for obtaining a property deduction for each of the parties to the agreement.

Today we will talk about the specifics of filing a deduction under an exchange agreement, and also provide answers to common questions on the topic. Tax obligations when exchanging housing Under the provisions of the Tax Code, the party that exchanged real estate on the basis of an exchange agreement is required to pay personal income tax only if the exchange was made with an additional payment.

Tax deduction when exchanging an apartment with an additional payment in 2018

Exchange of privatized housing There is also an agreement called “purchase and sale”, which has many differences from the exchange agreement. The difference is that a sales contract involves the exchange of some property for cash.

In turn, an exchange agreement provides for the exchange of one property for another, and if such a transaction is unequal, an additional payment is required. The advantage of the exchange is that the home buyer does not need to deal with huge amounts of money, but this operation is more complex and time-consuming. The exchange of apartments (privatized) between relatives involves an agreement between persons, the living space of one of whom is personal property. This exchange provides for registration in the Register and re-registration with cadastral authorities. The procedure ends with the issuance of a new registration certificate to each participant in the agreement.

How to exchange an apartment without additional payment in 2018

Thus, the person who made the exchange has a real chance to be freed from the tax burden: if the amount of the additional payment received is less than or equal to 1 million, there is no need to pay income tax. Example No. 2. Skvortsov traded Vacation home(estimated cost – 2 million.

420 thousand rubles) for two-room apartment(estimated value - 1 million 806 thousand rubles) and received an additional payment of 614 thousand rubles.

Since the tax base (614 thousand) smaller size deduction, Skvortsov does not need to pay tax. Another way to reduce the tax burden or exempt from paying tax completely is to apply for a deduction for the amount of the purchase of housing.

In this case, the following mechanism is provided: if the person who received the additional payment has documents confirming the expenses for the sold housing, then the citizen can reduce the tax base by the amount of such expenses. If the apartment is sold for less than the purchase price, then you do not need to pay tax.

Legal assistance!

Moscow and region

St. Petersburg and region.

Federal number

The exchange of an apartment is one of the most complex real estate transactions, because, in fact, it includes elements of a very labor-intensive transaction for the purchase and sale of an apartment. In order to properly prepare for this transaction, it is useful to first familiarize yourself with the content of the articles on the purchase and sale of apartments that you will find on this site.

When making an exchange, a person who wants to change his home to another, equal, better, or more economical one, inevitably acts simultaneously both as a “seller” and as a “buyer.” He is forced to prepare his apartment for exchange, giving it a marketable appearance. He has to collect and restore many documents for his real estate. And, at the same time, he must check the apartment of his counterparty offered to him for exchange both for cleanliness in the literal sense of the word, and for cleanliness in its legal sense.

Naturally, he can hire a real estate company that will take care of all the issues of checking the documentation for the apartment owned by his counterparty. The real estate company will check the authenticity of title documents, determine whether the living space offered for exchange has any encumbrances, and whether this option is fraught with unpleasant surprises, such as an unshaven outcast who has returned from prison and claims “his corner.”

However, let's leave realtors lazy.

Here we will talk about how to exchange an apartment yourself. We will reveal to you the “rules of the game” and instruct you how to follow them in order to get the desired living space as a result of the transaction, and, in addition, be able to happily calculate how much you saved on real estate services, and what you can buy with this money for furnishings of a new apartment.

What do you have?

First of all, think about what you yourself are offering in exchange. Is your home privatized or is it municipally owned? If so, then be sure to privatize it. The fact is that exchanging living space owned under a social tenancy agreement is much more difficult, and sometimes simply impossible, and its price on the real estate market during purchase and sale transactions is significantly lower. Accordingly, with equal quality characteristics apartments, a non-privatized apartment will most likely be exchanged with an additional payment.

But even when exchanging a privatized apartment, there are a lot of nuances that should be taken into account. The situation of exchanging a privatized apartment for a privatized apartment is, as it were, a mirror image. Because what we are going to talk about now applies equally to both your apartment and the apartment of the person with whom you intend to exchange.

If you do not live alone, or other people are registered in the apartment, then you will have to add written consent to the exchange from all these people to the general package of documents required to register the transaction. This document must be drawn up and signed in the presence of a notary, who will certify their signatures.

Consent to the exchange must be obtained from all persons who are registered in this living space, and it does not matter whether they are your relatives or not. Also, consent must be obtained from persons who do not live in this apartment, but according to the law I have any rights to it. In particular, this is a divorced spouse, any other co-owner who is on emergency military service or on a long business trip.

Permission to exchange should be obtained from the guardianship and trusteeship authorities if the residence of incapacitated or partially capable persons, as well as minors, is registered in the apartment. At the same time, the guardianship and trusteeship authorities have the right not to issue such permission if, after the exchange of apartments, the living conditions of minors and other persons under guardianship worsen.

Documentation

Now let’s list the documents that must be provided to exchange a privatized apartment, and also, if your counterparty also has a privatized apartment, you should demand them from him.

Once again, we draw your attention to the fact that the exchange of privatized apartments implies mirror actions of the parties. Naturally, there may be some nuances and details, but general principle remains unchanged.

So here are the documents...

First of all, this is an application from the owner to the local authority for registration of rights to real estate and transactions with it in the form proposed by this authority. They also submit documents of title to the apartment, an extract from the house register, a certificate of absence of arrears in payment of rent, and utility payments, certificate from tax authorities about the absence of debt on property taxes, Documents are submitted from the BTI, in particular technical certificate, floor plan and explication.

Before submitting documents, you will have to pay a state fee for registering the transaction. It is best to find out payment details and the payment amount directly at the office of the local authority when registering rights to real estate and transactions with it. Attach the original receipt for payment of the state duty to the set of documents.

The registration authority, on the basis of the submitted documents, registers the exchange agreement, which the parties to the apartment exchange transaction sign in the presence of a notary.

A standard exchange agreement can be easily found on the Internet. In addition, almost all notary offices provide the service of drawing up such an agreement.

The exchange agreement must indicate the price of both apartments. However, there is one subtlety here.

What is the price

But really, how much do apartments cost?

The fact is that when people exchange apartments, they seem to recognize that these apartments are of equal value. They are such for them, from the point of view consumer qualities, otherwise the exchange would not make sense.

However, apartments being exchanged very rarely have the same market value.

To determine the market value of apartments, you can invite a professional and licensed appraiser. Thus, you can find out the difference in the cost of apartments and decide on the additional payment.

But most often, the participants in the exchange agree on the additional payment on their own, determining it as if “by eye”. This is exactly the case when “agreement is a product of mutual non-resistance of the parties.”

However, the contract states that the prices for the apartments are the same. This is for convenience, and so that the party who receives the additional payment does not pay tax on this amount. It is a completely normal and innocent trick when an additional payment is made after the transaction is completed from hand to hand, but, as a rule, in the presence of a notary.

However, in this situation, you can inadvertently play too much. The fact is that the registration authority, analyzing the documents, may come to the conclusion that market price the apartments being exchanged differ significantly, and on this basis the exchange agreement must be invalidated.

From the moment of state registration of the agreement, ownership of the apartments arises for both parties to the transaction.

Sometimes, one of the parties to an apartment exchange transaction does not have an apartment to exchange at the time of preparation of the transaction.

What does it mean?

This means that someone is very interested in purchasing an apartment just like yours. He is satisfied with the apartment itself, the area where it is located, and the price. But he has nothing to offer in return. That is, he does not have an equivalent apartment. Therefore, at his own expense, he purchases an apartment equivalent to the one you have. At the same time, the area of ​​its location and some other conditions will be agreed with you.

This operation is called an alternative trade or hidden exchange.

It must be admitted that this method of exchange is very convenient because it reduces the selection time the desired option, creates optimal conditions for conducting multi-stage exchange transactions.

An alternative transaction is formalized by concluding a purchase and sale agreement. Naturally, like an exchange agreement, a purchase and sale agreement is registered with the local authority for registration of ownership rights to real estate and transactions with it.

Be carefull

Both when concluding an exchange agreement and when concluding a purchase and sale agreement, carefully examine the documents for the apartment and the documents of its owner. “Excessive” meticulousness and pickiness in such matters will not hurt. If your counterparty is a conscientious person, he will understand everything correctly, and, obviously, he himself will show similar attention to the documents presented by you.

If the parties have any doubts, contact professional realtors or lawyers who specialize in real estate transactions. In addition, the notary who certifies your signatures under the agreement is obliged to check the documents on the basis of which this transaction is made. This serves as an additional guarantee of the “purity” of the transaction.

The transaction for the exchange of municipal housing is carried out somewhat differently.

We should immediately make a reservation that it is almost impossible to exchange privatized housing for municipal housing directly. First, the municipal apartment will have to be privatized.

But it is possible to exchange one municipal apartment for another municipal apartment, but only with the consent of the landlords of these residential premises to the transaction. However, there are many reasons why this transaction will not be possible.

A municipal apartment cannot be exchanged for a similar apartment if its tenant is sued for termination or modification of the social tenancy agreement for the apartment.

Such a transaction will also be invalid in cases where the apartment is seized, if it is the subject of a pledge, or if the right to use it is disputed in court.

An apartment that belongs to a special departmental fund or is an apartment in a dormitory cannot be exchanged.

A premises declared unfit for habitation, or if the house in which it is located is subject to demolition, refurbishment or is intended for use for other purposes, cannot participate in an exchange transaction.

The registration authority will not formalize the transaction if its terms imply a significant deterioration in the living conditions of one of the parties, or one of the parties, after its completion, will need to improve their living conditions.

And again about documents

If there are no such obstacles to the exchange of two municipal apartments, then the following documents must be provided to the registration authority:

• Statement from the tenant of municipal housing (responsible tenant), which must be signed by all family members who have reached the age of majority, as a sign of their consent to the transaction, including those who this moment do not live in this apartment.
• Originals and copies of the order and social tenancy agreement for a municipal apartment.
• An extract from the house register with information about all persons currently living in this apartment.
• A certificate from the Housing Office or its equivalent confirming that there are no outstanding payments for housing and communal services.

As in the case of the exchange of privatized housing, the transaction requires the consent of the guardianship and trusteeship authorities if incapacitated persons, persons with limited legal capacity and minors live in the exchanged municipal apartment.

When making an exchange, the living conditions of these categories of citizens cannot be worsened.

When all the documents listed above have been collected, and subject to the conditions listed above, the exchanging parties (tenants) sign the exchange agreement. This agreement is submitted by each of the tenants to their landlord to obtain approval for the exchange.

The landlord agrees or refuses to agree in writing to the application submitted by the applicant. The law gives the landlord ten days to consider such an application. Therefore, do not be shy and rush clumsy officials if time begins to go “off scale” beyond the bounds of decency.

When such approval is received, each of the persons exchanging municipal apartments enters into a social rental agreement with their new landlord, after which the exchange is considered completed.

After completing the exchange, you should register the exchange agreement with the local authority for registration of rights to real estate and transactions with it.

At this point, the procedure for exchanging apartments is considered completed, and, in the case of privatized apartments, the parties become the owners of the new housing, and persons using their apartments under a social tenancy agreement become tenants of the new housing.

Legal consultant Vasily Yurchenko, especially for rmnt.ru

The exchange of real estate, in fact, is the simplest and most convenient way to improve (change) living conditions, since the transaction involves a quick move to a new place of residence, relieving the parties to the transaction from hassle. In this article, portal experts review the site various ways apartment exchange, and also provides a list of documents that need to be prepared for the upcoming operation.

Goals and means

Exists whole line reasons that encourage citizens to change their usual place of residence, to exchange their own housing, accordingly, there is not one, but several ways of exchanging real estate, each of which has its own advantages, as well as its disadvantages:

Most often, the need to exchange housing arises at the request of the owner, in other words, it is necessary to expand the living space (due to the addition of the family or as needs grow, claims to the level of comfort) or to change the area of ​​residence to a “more attractive” one;

In the practice of modern realtors, there are clients who would like to make an exchange in order to improve their financial situation - during the exchange spacious apartment For more modest housing, you can get an additional payment and save a place to live. In turn, the opportunity to “exchange an apartment for a larger one with an additional payment” is exactly what citizens who want to improve their living conditions need;

In addition, there are always people who want to exchange a large apartment for two smaller apartments. In this case, we are most often talking about the division of inheritance or about separation - during a divorce, family members share a common living space and move to live in separate apartments.

When making an exchange, much depends on the location and condition of the apartment; for example, a small apartment in the central area of ​​the capital can be exchanged for a fairly spacious living space located at a certain distance from the center. Moreover, there is a possibility that the center will not have to pay an additional fee.

Options for real estate exchange

The real estate exchange operation was the most common in Soviet times; the equivalent exchange of apartments was practiced quite often, especially when it was necessary to move to another city. The move was caused, as a rule, by a change in life circumstances, place of work, and intercity exchange of apartments relieved citizens of the need to find a buyer in their city, and then from looking for an apartment in a new location.

In the realities of the modern real estate market, when considering the question of how to exchange apartments, only three options are discussed. This is an exchange through purchase/sale, a direct exchange of one apartment for another, an alternative transaction.

The first option is the simplest and, if sufficient quantity the owner of the apartment has experience working with real estate, this is a way to avoid the involvement of a professional realtor. The exchange process, in fact, is divided into two operations - first, the owner looks for a buyer for his apartment, while simultaneously finding living space that would meet his requirements.

The second option is direct exchange, a rather complicated operation that requires the realtor to have experience. The operation makes it possible to exchange, as well as to exchange non-privatized apartments. The complexity of this method lies in the fact that there are significantly fewer owners willing to make an exchange than those willing to simply sell their apartment. This significantly narrows the choice for each party to the transaction, because it is necessary to ensure that the proposed conditions suit everyone.

The third option is an alternative deal, such operations are usually carried out by realtors and reduce financial risks for the participants in the transaction. An alternative exchange involves receiving an advance from the buyer of the apartment; these funds, in turn, are paid for the housing that is supposed to be purchased. Thus, the participants in the transaction fix the price and also confirm the seriousness of their intentions, since after an advance payment it is extremely difficult to refuse the transaction.

In the case when the owner sells an apartment in order to immediately purchase a new living space, some risks arise - a sudden jump in prices (after the sale) may interfere with the purchase, or the owner of the apartment that was supposed to be bought with the proceeds may simply change his mind about selling it. As a result, the apartment has been sold, and its former owner still has nowhere to live, and the proceeds are not enough to buy a “dream apartment.” An alternative exchange allows you to avoid these risks and complete the transaction as quickly as possible.

Trade-in deal

Considering various options exchange of apartments, it cannot be emphasized enough interesting scheme, which was first practiced by metropolitan developers. This is a “trade-in” scheme, which involves a quick move to an apartment in a new building, while the old apartment is accepted as payment. This type of exchange is often offered by Moscow real estate agencies and is quite popular, since the transaction takes very little time - from the start of its registration to the completion of the move, it takes about three days.

Despite the fact that transactions with secondary market apartments outnumber transactions with, more and more citizens want to move to new housing, and the exchange of an old apartment for a new building is becoming more and more common every year.

Exchange with additional payment of “maternity capital” funds

When exchanging an apartment, you can use not only your own funds, but also “maternity capital” - funds paid by the state at the birth of a child. Exchange of an apartment with an additional payment is no longer an exotic type of real estate transaction; almost all major real estate agencies offer a similar service. However, it should be remembered that “maternity capital” in this case can be used only when the child reaches the age of three.

Exchange of mortgage housing

Another type of exchange can be considered an exchange of mortgage housing, that is, apartments purchased with a mortgage loan. The question of whether it is possible to exchange an apartment with a mortgage comes up quite often, since a significant proportion of housing is purchased with credit money. When carrying out this operation, approval is required, as well as the direct participation of the bank to which the loan was issued. Technically, the following happens: two contracts are concluded simultaneously - sales and purchases; during the sale, the buyer pays off the seller’s debt to the bank or assumes debt obligations (which banks are reluctant to do). Along with the re-registration of the purchased apartment, the bank imposes an encumbrance, which does not allow the new owner to sell the property until the debt is paid in full.

Exchange of a municipal apartment for a privatized one

At the moment, not all residential real estate is privately owned; quite a lot of apartments in the city housing stock are municipal property. However, the fact that the housing belongs to the city does not mean that those living in this apartment cannot claim improved living conditions, and the only way to expand the living space (or change the area) is the same exchange.

However, such transactions have not become widespread due to the need to collect numerous papers, as well as the unprofitability of the exchange for the owner of privatized housing. Living in a municipal apartment is regulated by a social tenancy agreement, and when the owner of a private apartment moves to a municipal one, this agreement is renewed in his name, and the other party receives full ownership of the apartment.

If owners of privatized apartments can choose an exchange method among the methods listed in this article (use an apartment exchange agreement with an additional payment, a sales agreement, an exchange agreement), then for those living in municipal housing everything is somewhat different. To exchange non-privatized apartments, only an exchange agreement will do, and if you need to exchange a municipal apartment for a privatized one in another way, you must first privatize it.

Tax on apartment exchange

Another aspect of apartment exchange is taxation. The Tax Code does not in any way regulate the payment of tax when concluding a direct exchange, but the Civil Code (Article 567) determines that the same tax rules apply to the exchange agreement as in the case of concluding a purchase and sale agreement.

That is, the party that transfers ownership of the apartment is recognized as the seller, the opposite party, in turn, is recognized as the buyer. It is assumed that payment for each of the apartments is made in kind at the cost reflected in the exchange agreement. In addition, tax is not charged when exchanging an apartment if the exchanged apartment belongs to its owner for more than three years.

Documents required when exchanging an apartment

In order to exchange an apartment (however, this also applies to the sale of real estate), the owner must collect the following documents:

• ·​ Title documents that determine the ownership of the apartment;
• ·​ Cadastral passport of the premises;
• ·​ Extract from the house register and a copy of the financial personal account;
• ·​ A document establishing the estimated value of the apartment (it is necessary to conduct a real estate assessment);
• ·​ Identity documents of the parties to the transaction (passports and birth certificates).

You will also need documents that will allow you to make sure that a violation of the rights of third parties will not interfere with the transaction:

Certificates of parties to the transaction on the conclusion and/or divorce of marriage. If the property was purchased during marriage, the written consent of the spouse is required for the transaction. In addition, consent is also necessary if the marriage has already been dissolved, since property acquired during marriage is considered joint, and the rights to it belong equally to both spouses;

Certificate from the department of guardianship and trusteeship of minors. The document is required if transactions are concluded with real estate where minors live (registered or have shares).

Conclusion

Based on the information presented in this article, the website portal specialists would like to note that transactions whose purpose is to exchange one piece of real estate for another are more complex than, for example, the procedure for buying and selling an apartment. Therefore, in order to avoid risks associated with loss of time, as well as other troubles, those wishing to exchange housing are recommended to prepare the transaction themselves only if they have sufficient experience. In this case, hiring a competent realtor will help save time and nerves.

In addition, a specialist working in is able to provide a professional approach to document verification. And this is very important, because we're talking about about a transaction with secondary market real estate - the apartment could well have changed several owners, which increases the risk of the transaction being declared invalid as a result possible violation anyone's rights.