How to exchange an apartment for an apartment in another city?

What is intercity real estate exchange?

Intercity exchange of real estate is an exchange of living space located in different localities. There are two types of such exchange:

• direct – an exchange of equivalent property is made;
• alternative - the transaction takes place with the participation of a third party, parallel purchase and sale transactions are carried out.

Legal basis

Intercity exchange of real estate is regulated by:

1. Civil Code of the Russian Federation (part two) of January 26, 1996 N 14-FZ. Article 567 - barter agreement.
2. Housing Code of the Russian Federation dated December 29, 2004 N 188-FZ, section 3, chapter 8, articles from to.
3. Instruction on the procedure for the exchange of residential premises dated January 9, 1967 N12.

Important! The contract for the exchange of real estate is governed by the rules of purchase and sale (Chapter 30 of the Civil Code of the Russian Federation).

Difficulties

There are two main difficulties with this type of transaction:

1. Find a suitable property of equal value and negotiate an exchange with the owner.
2. Decide in which locality to carry out the real estate registration procedure.

These process difficulties can be avoided by involving specialists (lawyers, notaries) in the transaction.

Features and nuances of the procedure

The extraterritorial housing exchange procedure has the following features:

1. Choosing the right intermediary . When choosing an intermediary, you should rely on your personal impression of the organization, reviews of real clients, as well as the guarantees that the intermediary provides.
2. Re-registration . According to established practice, registration and re-registration of the parties at a new address occurs before full settlement with the seller. Re-registration is carried out according to the algorithm described in the legislation of the Russian Federation. Registration stamp at the new address no later than 3 working days from the date of application to the passport office.
3. Calculation. To ensure that the settlement issue satisfies both sides of the exchange, there are two ways to complete the settlement.
   The first way is to reserve a safe deposit box in which payment for the property is placed. Access to the cell is transferred after the successful completion of the transaction.
4. The second way is a detailed description of the terms of payment in the purchase and sale agreement. In this case, a lien is established based on the fact of registration. Once the selling party meets the conditions and registers at the new address, they will receive the retained amount of money.

How to exchange an apartment for housing in another city

The second method assumes that buying and selling will occur in parallel. It is almost impossible to carry out such a transaction on your own, which is why you should use the services of professional real estate agents. After you contact a realtor for help, he contacts the seller or real estate agency in the desired region to find suitable housing, while simultaneously selling your apartment. According to Inna Ignatkina, director of the branch (GC “MIC”), some people contact out-of-town real estate agencies directly themselves.

After a suitable apartment has been found and both parties agree to conclude a deal, one important issue remains - the so-called “re-registration”. There are two ways to hold funds. In the first of these, the buyer deposits the amount retained for “re-registration” into a safe deposit box. The seller receives money only after presenting a registered sales contract and an extract from the house register at the new place of residence. Another method assumes that the purchase and sale agreement stipulates under what conditions the seller receives money. Only after the seller registers at the new place of residence, the buyer removes the deposit and provides documents where the transaction is recognized as completed. Thus, registering a residence permit before selling an apartment is convenient for both parties: the buyer can rest assured that only he is registered in the apartment, and the seller can rest assured that no extra money will be required from him.

We recommend reading: How to Find the Owner of a House by Address

Step-by-step process instructions

Let us dwell in more detail on the procedure for exchanging real estate, which is located in different localities.

Stages

The process of exchanging houses or apartments between different localities includes the following steps:

1. Preparing real estate for transfer to the next owners.
2. Collection of documents for property.
3. Selecting suitable real estate for exchange.
4. Concluding an exchange or sale agreement.
5. Payment of state duty.
6. Official registration of the transaction.

Completing all stages of the process usually does not cause difficulties; difficulties can only arise with the legal nuances of the exchange.

Where to start?

It’s worth starting by bringing the living space into the condition in which future owners will accept it.

The ideal state of real estate is when only the owners are registered in it.

Next, you need to decide how the process of intercity real estate exchange will take place: with or without the participation of intermediaries. If you decide to carry out the exchange yourself, you can start posting exchange advertisements. If it was decided to involve specialists, then you need to find a realtor.

Which organization should I contact?

First, you should contact the city real estate service, because... it provides comprehensive support to citizens in matters of transferring real estate from one city to another. And to conclude a transaction, they contact the Federal Registration Service.

List of required documents

Both parties involved in the exchange must provide:

• ID cards;
• an extract from the Unified State Register confirming ownership;
• conclusion on the technical condition of the living space;
• a certificate of the number of registered persons from the house register;
• receipt of payment of state duty;
• signed exchange agreement;
• an extract from the technical inventory bureau if the layout or location of communications on the property has been changed.

Our experts have prepared separate publications devoted to the rules for concluding agreements for the exchange of land and residential premises between property owners.

Where to submit papers?

If the transaction takes place without the participation of realtors, then all documents must be submitted to the Federal Registration Service independently. The transaction is also registered there.

Cost and terms

To register rights, you need to pay a fee of 2000 rubles to Rosreestr. Transfer of rights to real estate takes on average from 2 weeks to a month. The timing depends on the workload of the Federal Registration Service.

How to make a payment if the transaction requires an additional payment?

After a suitable living space has been found, an exchange or sale agreement is concluded. The agreement is concluded independently between the owners , or with the involvement of a notary.

Attention! If one of the parties offers unequal housing, then the purchase and sale or exchange agreement must include additional conditions regarding the terms and methods of making additional payments.

According to Article 571 of the Civil Code of the Russian Federation, a party from whom a third party has seized goods purchased under an exchange agreement has the right, if there are grounds provided for in Article 461 of the Civil Code of the Russian Federation, to demand from the other party the return of the goods received by the latter in exchange and (or) compensation for losses.

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Is it possible to do without intermediaries?

In concluding a transaction, you can do without intermediaries. If the owner does not want or cannot attract specialists, then he will have to independently assess the cost and condition of the living space for which the exchange will be made.

This implies a number of inconveniences:

• a trip to another locality;
• checking the legal purity of documents;
• independent assessment of the desired property, which is usually carried out by an independent expert;
• independent transfer of necessary documents to the registration authorities.

If the owner is not afraid of these inconveniences and additional responsibility, then the transaction can be completed independently.

Conducting a transaction for the exchange of apartments and other real estate raises many questions not only in different localities, but also within one. The articles of our experts on the topic of exchange can answer some of them:

• housing during vacation;
• houses for a house or other real estate;
• land plot for other real estate;
• residential premises under a social lease agreement;
• land and residential property per car.

Can I not sell, but exchange my apartment for another?

With a direct exchange in the current realities, such a chain is unlikely, since the chances of finding a suitable option for exchange are low. But previously only this scheme worked. For example, in the Soviet Union it was impossible to officially buy or sell an apartment, so people were looking for exchange options. The chain reached six or seven apartments, and sometimes these were apartments in different cities.

As far as I know, the five-year period is set for those who constantly make money from this, but this clearly does not apply to me. In such a situation, can I exchange the apartment for another, bypassing the phase of converting the apartment into a cash equivalent, or in some other way avoid paying tax on lost income?

We recommend reading: Where to find out the inventory value

Features of taxation

Such transactions for the exchange of real estate, through the execution of purchase and sale agreements, according to the Tax Code of the Russian Federation, if there is an additional payment, are subject to tax of 13% of the transaction amount for residents, and for non-residents the rate is 30%.

Intercity exchange of real estate is not a new process. This exchange was common during the Soviet era and is still relevant today. If you follow the plan provided and use the services of specialists, this process will be quick and easy.

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