Buying an apartment with debts. Features of buying an apartment with debts on utility bills
I head a peasant farm, and very often I come across questions about the peculiarities of state registration of property rights of members of a peasant farm, in particular, about the procedure for inheriting property in the event of the death of a member of a peasant farm. Please clarify this point.
From July 1, 2019, the rule of mandatory use of escrow accounts comes into effect in Russia: the transition from equity financing of construction to project financing is due to the need to minimize risks for all participants in the primary real estate market. According to experts from the Federal Cadastral Chamber, the new investment model will make it easier for citizens to register property in a new building.
An ordinary everyday situation: a citizen owns a residential building. The necessary documents have been completed: technical passport and Certificate of Ownership (issued previously) or technical plan and Extract from the Unified State Register of Real Estate (issued now). But there was a need to expand the living space of the house, for example, to make a warm extension or add a second floor. From the point of view of modern legislation, this will be reconstruction. If a citizen decides to rebuild something in his apartment, for example, demolish the wall between the kitchen and one of the rooms and make a large kitchen-dining room, then this will be a redevelopment.
Having decided to engage in individual housing construction, a citizen acquires a plot of land with the type of permitted use - for individual housing construction. But over time, plans for the land change. The citizen does not visit the acquired territory for a long time, and the land is overgrown with weeds. In this case, his actions will be qualified under Part 3 of Article 8.8 of the Code of Administrative Offenses of the Russian Federation: non-use of a land plot provided for construction. Committing this violation entails a fine for citizens from 20 to 100 thousand rubles, for legal entities - from 400 to 700 thousand rubles.
Among the documents for the land plot, I only have the gardener’s membership book. I bought this plot about twenty years ago, and at the same time they transferred the membership book from the seller to me. I haven’t registered the property, but now I would like to. What should I do?
Conducting real estate transactions without understanding civil law is risky. When drawing up all types of contracts, there are a lot of legal issues that are best dealt with before carrying out registration actions. Our legislation allows many options for the alienation of real estate: it can be sold, exchanged or donated. In this article we will look at one of the most common types of agreements – a gift agreement.
Many people who want to exchange an apartment hope for more comfortable living conditions in a new one. What exactly do they have the opportunity to count on? Changing your area of residence and that’s it? A huge role in solving this problem is played by the status of housing and the status of the transaction, its current state. If the apartment is municipal, that is, not privatized, it is unlikely that you will be able to exchange it for something better. Most likely, the best option will be the same apartment in a similar building, but in a different area.
After a visit to the notary, Natalya Sergeevna was confused. The notary explained: “The mere fact of living together without registering a marriage between you cannot indicate the existence of an agreement to create or acquire property on the basis of joint (shared) ownership.”
The Buyer decided to put the documents for the house in order. But they can’t find the Seller, the phone doesn’t answer. Somehow, through many friends, they finally found him. And it began... The seller says: “You will buy a house along with the land, otherwise we will sell the land to other people... And there is no money yet for paperwork... I stopped by here and looked - the house was unrecognizable, picture: the roof and fence are new, the windows are plastic, the walls are covered with siding. And... again the Seller was “lost”. What to do?"
In Russia, the problem of garage real estate, or rather the registration of ownership rights to it, has long been overdue. According to the Federal Tax Service of Russia, the Unified State Register of Legal Entities (USRLE) contains information about almost 37 thousand legal entities registered as garage (garage-construction) cooperatives. There are more than 5.6 million garages registered in Rosreestr and registered in the cadastral register. It is very difficult to calculate the number of garages that are not registered in accordance with the established procedure, but experts suggest that about 70% of garage objects are not officially registered.
By mistake, the state fee for registering rights to real estate was paid in a larger amount. What to do and how to get the money back?
Buying an apartment is a serious transaction that requires special attention from the buyer. Before signing a purchase and sale agreement, you need to pay attention to several aspects that will allow you to protect yourself as a buyer and complete the transaction without worrying about being deceived or evicted.
For several months now, the country has had a mortgage subsidy program for families in which a second and/or third child is born from January 1, 2018 to December 31, 2022. Rosrielt looked into whether such a housing loan is really beneficial for citizens with children, and also how accessible it is for them.
According to the Constitution, Russia is a social state that provides the conditions necessary for a decent life and human development. In accordance with these provisions, in Russia citizens have the opportunity to receive housing free of charge from the state. As a rule, these are low-income and needy citizens who are not able to purchase residential premises themselves. Housing is provided on a first-come, first-served basis, but some categories of citizens have priority. Who has the right to a free apartment today, said lawyer Oleg Sukhov.
In the real estate market, it is not so rare to encounter a situation when a buyer discovers that a person unfamiliar to him is registered in the purchased premises. This circumstance does not entail the cancellation of the purchase and sale agreement, but gives the registered person the right to live in the apartment. In most cases, it is possible to forcefully discharge such a person through a judicial procedure, but how easy it will be to do this depends on the category of the registered person. What actions should be taken in such a situation, said lawyer Oleg Sukhov.
My husband and I are planning to take out a mortgage for a secondary home. But nowadays we need to check absolutely everything. How can you protect yourself when buying an apartment? What to do if a participant in shared construction passes away before the building is put into operation? Who can apply for housing that will be built? After all, the money for the residential premises has already been paid to the developer, but in fact it is impossible to register ownership of it.
The era of cooperatives has sunk into oblivion, leaving behind a rich legacy in the form of unregistered apartments, underpaid share payments and confused residents who feel like full owners of their homes, but de jure they are not. Lawyer Oleg Sukhov recommends adhering to certain rules for registering cooperative real estate when the share is not fully transferred.
The first indicator of the liquidity of an elite new building is the reputation of the developer. Moreover, potential buyers should pay attention not only to the portfolio of projects implemented by the developer, but also to the strict execution of their original concept. In the luxury and premium real estate market, there are examples when, during construction, the developer deviates from the original concept, for example, using cheaper materials or introducing commercial premises into the complex that were not originally planned. As a rule, such decisions negatively affect the comfort of living in the complex and significantly reduce the liquidity of the apartments located in it. Therefore, if the developer has previously changed the concepts of his residential complexes, it is worth weighing the pros and cons before investing in his project.
Buying a new home may not always be a pleasant experience. Sometimes negative things come up.
I bought an apartment in a five-story building, the transaction went smoothly, there were no visible problems. I received a certificate for the property, but when I went to register with the management company that services the house, they told me that they wouldn’t register me until I paid off my debt for utilities. They also threatened to turn off the water. The former owner of the apartment turned out to have 50 thousand rubles in debt! What should I do? “I don’t want to pay debts for the former owner,” Nikolai Petrovich, a resident of Dzhankoy, contacts the editor. Krymskaya Gazeta looked into the situation.
Everything except major repairs
As lawyer Anna Perepelkina says, unfortunately, such situations happen often. And you shouldn’t rely on the sellers’ integrity in such cases.
You shouldn’t count on a 100% guarantee that there will be no problems with your new home, even if you conducted the transaction through a realtor,” the lawyer adds and explains what to do in Nikolai Petrovich’s situation.
According to her, first of all it is necessary to study the purchase and sale agreement in detail. A correctly drawn up document must initially contain a clause stating that it is not possible to transfer debt for utility bills from the old to the new owner. If this is the case, then Nikolai Petrovich, in fact, has nothing to fear.
The Housing Code of the Russian Federation (Article 153) notes that the obligation to pay for residential premises and utilities arises from the owner of the premises from the moment ownership arises. Thus, from a legal point of view, the owner of the property can accumulate debts and is obliged to pay for them only from the moment he receives the title documents for the apartment. All past debts should not worry him - this is the concern of the former owner. The management company may well collect the debt from him through the court.
The only exception is payment of expenses for major repairs. The fact is that when ownership of premises in an apartment building is transferred to the new owner, the previous owner’s obligation to pay the costs of major repairs also passes. Including the obligation to pay contributions not fulfilled by the previous owner (Article 158 of the Housing Code). That is, debts for major repairs remaining from the previous owner will have to be repaid by the new owner of the apartment.
Another important nuance: if, when buying an apartment, the new owner forgot to check the electricity, gas and water consumption meters and record the indicators properly (best in the sales contract or an appendix to it), then it will be difficult to prove where his debt is, and where - the former owner of the property.
Before purchasing an apartment, in order to avoid paying off utility debts for the old owner in the future, it is necessary to make an act of acceptance and transfer of housing in two copies and sign it together with the seller, says Anna Perepelkina. - The act must indicate meter readings for water, gas, electricity, heating data - and all this must be on the actual date of transfer of the apartment.
We write letters...
If the meter readings have been recorded, and there is not a line in the purchase and sale agreement that the debt for utility bills is transferred to the new owner of the apartment, but the management company demands to pay the debts, you need to write a statement to the management company with a demand to stop billing bills for the period when you did not own the apartment. The application should be accompanied by a copy of the purchase and sale agreement and a copy of the state registration certificate and meter readings. It is best to send documents by registered mail or hand them over to the company’s office against signature. This way you will be protected. Any actions to collect funds after this appeal can be considered as extortion and will be punishable by law (Article 163 of the Criminal Code of the Russian Federation).
In addition, you can always contact the housing inspectorate - here they will check the correctness of the calculation of fees for utility services and issue the Criminal Code an order for recalculation.
You can also file a claim with a realtor if he handled the purchase and sale of an apartment and did not warn that there were debts remaining on the property. Based on the Law of the Russian Federation “On the Protection of Consumer Rights” (Article 29), a realtor can be required to return part or the full cost of his services “if deficiencies in the work performed are discovered.”
As experienced lawyers advise, if you urgently need registration, but the management company refuses it due to the utility debts of the former owner of the apartment, you can register through the State Services website.
When concluding a purchase and sale transaction, the owner of an apartment will not always say that there is a rather large debt on utility bills.
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Such information is hidden in the hope that the buyer will not find out anything and the debt will pass to him. All this is easy to check.
Arm yourself with knowledge that will allow you to avoid unpleasant situations and defend your rights in the event of claims for repayment of amounts when purchasing an apartment with debts on utility bills in 2018.
Payment for housing and communal services
The list of utility services for which the population must pay was approved by Rosstat Order No. 147 of July 23, 2009 (clause 35).
What does it include?
Let's list housing and communal services (part 2), which are provided to citizens and must be paid to government agencies:
- maintaining the house and carrying out repair work;
- contributions for major repairs;
- cold and hot water supply;
- electricity;
- heating.
Legislation
As soon as a citizen receives ownership of residential real estate, he is obliged to pay both for the premises and for housing and communal services (clause 5 of part 2, clause 1 of Russia).
According to the law, citizens must make payments on time and in full.
The obligation to pay utility bills may arise:
- for tenants of residential real estate under social tenancy agreements from the day such a document is drawn up;
- for housing tenants, which applies to the state or municipal housing stock from the day the document is signed;
- from tenants of a residential building under contracts for the rental of premises from the housing and municipal funds from the time the document was drawn up;
- from members of housing cooperatives from the time the object is provided to the citizen.
According to the Housing Code, before the property is occupied, the costs of its maintenance and the transfer of amounts for utility services are carried out by state authorities and local government or an authorized person on their behalf.
The real estate purchase agreement does not stipulate that the transfer of ownership is the basis for a change in relations with a third party.
Buying an apartment with debts on utility bills
That is, the obligation to pay utilities for the purchased premises arises after the conclusion of the contract and registration of property rights.
This means that if the new owner is presented with demands to repay the debt of the previous owner, they will be unlawful.
Exceptions include contributions for major repairs. If ownership of a residential property is transferred to a new resident, then the obligation to pay for repair costs also passes (clause 3).
can be transferred to the buyer only if a transaction on the transfer of debts is concluded.
The new owner must himself express such a desire, otherwise the transaction cannot be carried out (clauses 1–2 of Article 391 of the Civil Code of the Russian Federation).
The buyer may also not understand the regulations and take on the burden of paying someone else's debt, which he will later regret.
What to do?
Regardless of the situation (housing is being purchased or has already been purchased, the debt is being paid by the buyer or the seller), the method of repaying the amounts will be the same.
What should you do?
Certificate of debt status
When selling your home, the seller must provide a certificate stating that all services have been paid for.
The buyer must pay special attention to:
- whether payment for the billing period has been made at the time ownership is transferred;
- whether certificates have been provided confirming the fact of payment for all services;
- if present on the premises, the buyer must provide certificates of taking control indicators from such equipment.
First, find out the amount of debt for utilities. If you have not yet purchased real estate, ask the seller to prepare such information.
If you receive a refusal, then go and get a certificate of debt yourself. It will be issued by the HOA, management company or housing cooperative at your request.
If such authorities began to manage the house after the seller registered the property rights, then a certificate is taken from the companies that were responsible for the provision of utilities.
If there is no debt, the representative of the authority will issue an appropriate document confirming this.
If you do not want to go to the housing office for a certificate, you can contact a banking institution where debts for housing and communal services are repaid. You need to tell the operator the address of the apartment, after which you will receive the necessary information.
Notification of the management company about the change of owner
The next step is to notify the HOA or residential complex about the change of owner of the property. It must be in writing.
A statement is written addressed to the management of the enterprise. It is worth entering a request to open a new account to pay for utilities.
Such a document is transmitted in one of three ways:
- personally to the official;
- sent by registered mail;
- sent via an Internet resource.
If services are provided by different companies, payment is also made to different accounts - an application must be submitted to each authority. For example, water is paid to Vodokanal, electricity – to Energosbyt, etc.
Within a month (or less) you will receive a response to your application. If it is positive, then you should take an extract from your personal account and a certificate from your accountant stating that there are no debts.
If you are denied, you can contact the housing inspectorate by submitting a package of collected documentation.
To confirm that the housing has been transferred to a third party, you must attach a photocopy of:
- agreement on the purchase of premises;
- registration certificates.
But there is no need to rush with this. Before going to the residential complex, warn the previous owner that you will pay the amount of the debt if you want to resolve the issue yourself. It happens that the seller still repays the accrued amounts himself.
Often people, due to their carelessness and lack of knowledge in legal matters, buy housing from the secondary market with a huge debt for utility bills.
Then, gritted teeth, they pay off other people’s debts. To prevent such a fate from befalling you, it is worth understanding the legislative acts.
Try not to purchase an apartment with debts on utility bills. But even if this happens and the property is purchased, know that no one has the right to oblige you to pay the debt.