Who should pay the notary. Who pays for the contract of sale of the apartment
Selling an apartment is a costly process for both the seller and the buyer. After all, you will need to pay money for additional procedures that are necessary for the sale. Therefore, the buyer needs to prepare money not only for the apartment itself, but also for related processes. The seller should also understand that you will have to spend money on certain things. Now let's look at who pays the notary when selling an apartment, and also figure out what else money may be required for.
Consider from the very beginning the procedures that will require monetary costs. Thus, a person will be able to get a rough idea of how much money will need to be spent and for what exactly.
First of all, you will need to collect all the necessary documents that are required for the sale. Among them is a certificate from the BTI, a paper on the absence of debts for utility bills and property taxes.
The Bureau of Technical Inventory will require approximately 1000 - 1500 rubles for a certificate. The cost depends on the size of the area of the apartment. Other documents from this authority may be required. For example, a certificate of correspondence between the area and the address.
Speaking about who pays for the contract of sale, then, as a rule, the buyer gives the money. Moreover, this moment needs to be discussed even when making an advance payment.
Additionally, you may need to rent a safe deposit box for the sale procedure. It can cost from about 1500 rubles to 3000 rubles. The price depends on the parameters of the safe, as well as on the specific bank.
As for the contract of sale, if it is concluded in the usual written form, then you will have to spend about 3,000 - 5,000 rubles. In the case when people turn to a notary to draw up this document, then the specialist will need to pay about 1 - 1.5% of the price for the apartment. A state fee for registration of the contract is also paid.
Some people do not want to spend time going through government procedures and therefore entrust them to a registrar or realtor. For these actions take about 4,000 rubles. The one who needs these services pays.
- You will also have to draw up various statements for the transaction to the seller and the buyer. And this will require spending another 1000 rubles.
- Summing up, it can be noted that, on average, in order to complete a purchase and sale transaction, you will have to spend up to 20,000 rubles. Moreover, the buyer will have to pay 10-15 thousand rubles, and the seller 2-5 thousand rubles.
- Of course, if people want to go through all the procedures faster and turn to a special company for this, then you can spend 30,000 rubles or even more. But in this case, you will not have to wait long until the necessary certificates and documents are made.
However, the question of who exactly pays the notary when selling an apartment is quite controversial. Because people can agree among themselves and decide who exactly will have to spend the money. Both the seller and the buyer can pay. And if you want, you can agree to share the costs equally. Therefore, it is necessary to discuss this issue in advance and come to a common decision.
Mandatory conditions for a purchase and sale transaction
In order for the sale and purchase transaction to be successful and without any complications, you need to know its important points. Both parties must comply with certain conditions in order for everything to go right.
What do you need:
You need to carefully consider compliance with these rules, so that later no one can challenge the transaction. Otherwise, the procedure may end in litigation, which will have to spend time and money.
Of course, now there are scammers who fraudulently deprive money or housing. Therefore, it is important to protect yourself by studying the legal aspects. Because it is precisely ignorance that leads to the fact that people fall for the tricks of scammers. It would be even better if the whole process will be accompanied by a specialist. Then it will definitely be possible to exclude the possibility of running into scammers.
Stages of the real estate purchase and sale procedure
The purchase and sale begins for the buyer with the search for a suitable apartment. To do this, you can use the Internet, newspaper ads, or contact a special agency. As for the seller, he will have to look for interested people. To do this, you can also use the Internet, newspapers, agency services, or stick ads in the city. It is advisable to use all methods at once to increase the chances.
Next, you will need to check the documents for both parties to make sure the procedure is legal. You should use Internet services or contact government agencies to verify the authenticity and validity of official papers. If everything is in order, then all the terms of the transaction should be discussed.
The next stage is the conclusion of a written contract of sale, which is later certified by a notary. It is followed by the transfer of funds. This must be approached with particular care. It is advisable to use the services of a bank so as not to be deceived. For example, you can rent a special cell to transfer funds.
Now you need to go through state registration with the appropriate authority. As a rule, the document is made within two weeks. After that, the former owner will only have to vacate the living space within the agreed period. It will also be important to sign the acceptance certificate at home.
Of course, it is necessary to prepare a certain list of official papers. Without them, it will not be possible to transfer rights to real estate. The legislation defines a specific list that is required from a person.
What documents are needed to implement the object:
- Title papers. This may be a certificate of ownership of real estate, a contract of sale, a deed of gift, a document of inheritance.
- Extract from the house book. Received must be no later than a month ago.
- Civil passports from both sides.
- Consent of spouse and other owners, if any.
- Purchase and sale agreement in triplicate.
- Technical passport with all the changes that have occurred during the ownership.
- Certificates of no debt for utilities and property tax.
- Cadastral passport from BTI.
Something like this is the list of documents that are needed for the sale of real estate. But it should be understood that it can be supplemented by official papers, depending on the specific case.
If a person responsibly approaches the sale of property, then everything will be as it should. The process will end with the seller receiving the money for the property and the buyer the apartment.
FAQ
Question:Is it possible to force the buyer to pay all costs for the purchase and sale procedure? Which article of the law should be referred to for this?
Answer: No, you can't. We can only agree on who and how much will pay. The law states that this issue is resolved by agreement.
Question:Is it necessary to pay sales tax if the apartment is owned for less than 3 years?
Answer: If a person receives profit from the sale of an apartment, then he will be required to pay tax. It is 13% of the profit received. But you can wait until the minimum period of ownership has passed, and then there will be no taxation.
Question: Is it possible to sell an apartment if all the documents prescribed by law are not available?
Answer: No, the transaction will be concluded only if the person submits all the required papers. It is recommended to get them for the first time or restore them in case of loss. As practice shows, now lost documents are quite easily restored if information about their issuance is stored in the database.
Question: Do I need to certify the transaction with a notary? Apartment with shared ownership, one of the owners is a minor.
Answer: In the case when there is a minor among the participants in the transaction, state authorities require mandatory certification by a notary. Therefore, you will have to contact a lawyer to certify the transaction.
Participants in transactions in the secondary market usually look most closely at the value of real estate - and they do it right, since these amounts are the largest. However, there are also various additional expenses, which it would also be good not to forget about. Especially considering that the transaction is a strain of the financial forces of the participants, the money is often calculated back to back. Find out at the last moment that you need to pay an extra 10-20 thousand rubles for something. - it can cause shock.
Collection of documents: expenses for those who need it
Various certificates are required for the transaction. Some of them are issued by state bodies free of charge - for example, an extract from the house book and a copy of the financial and personal account (or the Unified Housing Document replacing them). Sometimes, however, during a visit to a housing maintenance organization, it turns out that the owner has some rent debts, and the desired certificate will be given to him only after he pays off these debts. But - in any case, nominally - you do not need to pay for these papers.
But these are Moscow realities, in other places it is different. For example, says Mikhail Shumov, head of the "Address" agency (Protvino and Serpukhov), in Serpukhov they charge 200 rubles for extracts from the house book and from the personal account (on debt for utilities). This is the usual rate, completed in 10 business days. And if you need it urgently, within one day, then the price rises to 800 rubles.
Let's move on to the next instance - BTI. For a secondary transaction, you need to get a cadastral passport, a floor plan and an explication here. BTI services are paid, they work according to the tariffs approved by the state. The cost of the listed documents is not fixed: it depends on the footage of the apartment and on whether or not a technician will need to leave in this case. But in general, we are talking about amounts from several hundred to 2-3 thousand rubles. True, Marina Markarova, managing partner of MAYFAIRProperties, believes that the cost of BTI documents can reach 15 thousand rubles. The author honestly admits that he has never met such figures. On the other hand, he did not meet with a truly elite real estate. Perhaps in that market with the area of apartments there ...
Ilya Shkop, Chairman of the Board of the Guild of Realtors of Moscow, recalls another mandatory paper. If the seller was married at the time of purchase of the apartment, the consent of the spouse (a) is required for the sale - since the property in this case is considered jointly acquired property. The buyer must also have a similar consent (for the purchase) - because the “jointly acquired” here will be the money that is spent on the purchase. The law requires that this consent be in writing (even if this spouse is present at the transaction and helps his other half to understand the intricacies of the contract) and must be notarized. So you will have to pay a notary 500-800 rubles for it.
…There is another group of references – they are not formally needed for a transaction, but participants (buyers) often require them. We are talking about papers confirming the "legal purity" of the acquired object, as well as the seller himself. These are certificates stating that the seller is not registered in the psycho-neurological (PND) and narcological (ND) dispensaries, as well as an archival extract from the house book. The "simple" extract mentioned above lists the citizens living in the apartment at the moment, and in the archival one - everyone from the moment the house was built. Accordingly, according to this document, it is possible to trace whether there were any dubious transactions, transitions, etc. in the history of the object. According to Tatyana Vorobyeva, head of the Tverskoye division of the Moscow Real Estate Agency, certificates from PND and ND cost 1-4 thousand rubles, archival extract - 1.5 - 6 thousand.
Now the question is: who will pay all the above amounts? The laws do not say anything about this - this is, as they say, at the discretion of the participants of the parties. However, as our experts assured, there are market traditions: the one who needs it pays. BTI - the seller (this is still his apartment). The consent of the spouse is, of course, the one who is married. "Verification" certificates - the buyer. Because the seller will reasonably say that he personally does not need these papers at all.
Safe box: waste of the buyer
For a number of reasons (discussing them is beyond the scope of this article), the vast majority of settlements in our market are carried out in cash. So participants need a reliable technology for transferring this very cash. It is well-known - a safe deposit box with a tripartite agreement regulating the access of the seller and the buyer. Our experts estimated the cost of renting a cell for a month (that's how much you need to register a transaction) at 2.5 - 3.5 thousand rubles. In addition, many banks take a deposit for the keys (3,500 rubles) - this money is then returned.
Most often, the cell, says Svetlana Birina, head of the department of urban real estate at NDV-Nedvizhimost, is paid by the buyer. However, options are possible with this issue - as the parties agree. It also happens that several cells are required (for example, a communal apartment is being moved, and the money for the owners of different rooms is laid out in different places). In this case, who pays for what is decided through negotiations.
In the Moscow region, everything is a little different again. “Our transfer act is signed together with the sale and purchase agreement,” explains Mikhail Shumov (“Address”). - Because the Registration Chamber does not accept documents without it. So the transfer of money takes place right on the deal, from hand to hand. Buyers from Moscow usually insist on a safe deposit box. And the party that wants to rent the cell pays.
Drawing up a contract: more often also a buyer
In the already distant 90s of the last century, all sales contracts required notarization. Notaries, taking advantage of their monopoly position, demanded 1.5% of the cost of the apartment being sold for their work. The laws in force today are more liberal - they allow a simple written form (PPF). Notary - optional; in addition, obligatory notarial certification was preserved for a number of transactions - mortgages, rent agreements.
Experts differed significantly in their assessments of how much it would cost to compile a PPF. The minimum amount (3,000 rubles) was named by Marina Markarova (MAYFAIR Properties), which is surprising, given that her agency operates in the elite market, where prices are higher. The maximum (8-15 thousand rubles) - Ilya Shkop (RM). And in most cases, the buyer will pay for the contract - "because it is more important for him that the contract was drawn up correctly."
But in any case, even the most expensive PPF will cost much less than a notary agreement: even taking into account the fact that today notaries are asking for 1%, and in some cases 0.6% (a very expensive apartment), the amounts come out by an order of magnitude large. And, of course, this waste will be "hung" on the one who needs it. Whoever thinks that it is necessary to apply to a notary - he pays ...
State duty: again the buyer
If we talk about individuals (for "legal lawyers" - other tariffs), then state fees for real estate transactions are quite sparing - 1000 rubles each. There are two fees - one for a transaction (transfer of ownership), the second for registration of this right to a new owner. If the apartment is registered in the joint ownership of several persons, each of the new owners pays a thousand.
According to the tradition that has developed in the market, the state duty is the “destiny” of the buyer. This is understandable - it is he who needs registration of the right. As for the deal, this 1000 rubles. according to the mind, it would be necessary to divide in half between the selling and buying side. But due to the penny of the issue, this topic is usually not raised.
Taxes: on the seller
In Russia, the acquisition of real estate is not subject to any taxes. In many other countries, by the way, it is different - there the purchase is accompanied by impressive payments to the state. In France, for example, their size is 7-8%, and for some objects in Spain - up to 16%. So the realities of the native country in this sense cannot but rejoice.
But for sellers, everything is a little different: only those who have owned the property for sale for more than three years are exempt from taxes. The rest is provided with the so-called. a property tax deduction of 1 million rubles, and everything else is recognized as income subject to taxation at the standard rate for individuals of 13%. If an apartment is sold, for example, for 10 million rubles, then taxes must be paid from 9 (10-1) million - they will amount to 1.17 million rubles.
True, adds Alexander Ziminsky, director of sales of luxury real estate company Penny Lane Realty, there is another option. The seller can provide documents on the amount for which he once purchased this apartment, and pay tax only on the difference. Let's say, if the object we are selling today for 10 million was bought two years ago for 8 million, the income will be only 2 million, and taxes from them, respectively, will be only 260 thousand rubles.
Let's add on our own behalf that the talk about the fact that the taxation of sellers is outdated and does not lead to anything other than a massive departure of sellers into the "shadow" (for example, they write understated amounts in contracts); that 1 million rubles. - a ridiculous amount for the real estate market (at least in Moscow) - such conversations have been going on for a long time. But we haven't heard of any real changes yet...
Mortgage cases
Mortgage transaction costs are a topic for a separate article, so now we will only touch on them briefly. There are so many expenses. First, you need an appraisal of the apartment. Secondly, insurance - life and health of the borrower, the object of pledge. Although at one time there were decisions (even judicial ones!) that banks were not entitled to impose insurance services, nothing has really changed. The solution found by credit organizations turned out to be brilliantly simple: the loan rates for those who refuse insurance are too high. Having considered, the person himself decides to go and insure ... The third waste is the obligatory notarization of the mortgage agreement. We have already talked about how the notary and PPF differ in price.
In general, a mortgage is an additional many tens of thousands of rubles (at least). Naturally, the one who receives the loan pays them, i.e. apartment buyer.
What about realtors?
Using the services of a real estate agency, the client pays a commission. Can at least part of the costs described above be covered by a real estate company? We received different answers to this question. Some realtors reacted quite nervously. “In general, it sounds strange that the payment for the services of state bodies, a notary, an appraiser, a bank should come from the cost of services of another entity - a realtor. These services are consumed by the seller and the buyer! The real estate commission is paid for the work of the agency, and payment of other participants in the process by the realtor is possible only in one case - when these specialists work on the staff of the agency, lawyers, for example. Here A. and B. Strugatsky immediately come to mind: “Sweet cous was undernourished! - suddenly the cat yelled unmusically ... ".
Other market participants were more amicable and agreed that some of the costs could be attributed to them. For example, if the agency undertakes to conduct a legal purity check (and takes money from its client for this), then it will pay for obtaining some certificates at its own expense.
... But in any case, even if you manage to hang some expenses on the realtor, these will be the most insignificant amounts.
When buying a secondary property, the parties to the transaction usually pay attention only to the cost of housing. But besides this figure, there are also additional costs that one or the other party bears. But money can only be enough to buy a house in the nearest suburbs, for example. So it is better to pre-calculate the exact amount of the transaction, taking into account additional costs.
Documents required for the transaction. Who pays for them?
Some certificates will not require any expenses from you - for example, extracts from the house register and financial and personal account. But these certificates can only be obtained if there are no rent debts.
Unfortunately, not everything is so simple everywhere. In a number of cities, such a certificate can be obtained by paying 200 rubles. In this case, you will have to wait from 3 to 10 days. For urgency, you will have to pay an additional 800 rubles.
Further expenses in BTI. From this office you need a cadastral passport, a house plan and an explication. Here you have to pay. The cost of papers will depend on the area of \u200b\u200bthe apartment and the services of the technician. On average, it will cost you from three hundred to three thousand rubles.
If the seller (or buyer) of the apartment is married at the time of the transaction, he will need a notarized consent of his other half. For the services of a notary, you will have to pay from five hundred to eight hundred rubles.
There is also an expense item, which does not take place in all transactions, but only at the request of the buyer. The buyer may ask for a certificate from the neuropsychiatric and narcological dispensaries and an archival extract from the house book, in which all residents are registered from the moment the house was built. In this case, medical certificates will require additional costs from two hundred to four thousand rubles, depending on the region, and an extract from the archive up to six thousand rubles.
Who should pay for all these costs? The law does not consider this point, so usually the one who needs it pays. The seller will have to fork out for certificates from the BTI, but the buyer pays for certificates confirming the cleanliness of the apartment, since this is in his interests. It is easier to buy a cottage new or recently built, because its history has almost just begun and there are much fewer pitfalls in legal registration.
Bank cell. Who pays?
Most often, the transfer of money is made right at the time of the transaction, but in some cases it may be necessary to rent a bank cell. This cell is needed to store money for an apartment at the time of paperwork, which can take up to a month. In this case, a tripartite agreement is drawn up. The cost of a cell can range from two and a half to three and a half thousand rubles.
The buyer pays for the contract.
The buyer most often pays for the preparation of the PPF, since a well-written contract is in his interests. This procedure will cost from three to fifteen thousand rubles. Expensive? Yes, but it is much more profitable than drawing up a contract through a notary's office. The notary will ask you from 0.6 to 1% of the transaction amount.
The buyer also pays the stamp duty.
When dealing with real estate, you must pay two state duties. The first is for the transfer of ownership. The second is the registration of ownership for a new owner. The amounts are small - 1000 rubles for each fee. Almost all of this amount is paid by the buyer. The seller is obliged to pay only half of the cost of registering the contract, which is 500 rubles.
Who pays taxes?
The purchase of apartments is not taxed. And the sale is taxed. Therefore, the seller will have to pay tax, which will be 13% of the sale amount. The entire amount received from the sale of an apartment that has been owned for more than 3 years is not taxed. In other cases, only 1 million rubles is not taxed.
Costs of buying an apartment with a mortgage.
Considerable expenses on mortgage matters are borne by the buyer of real estate. They include: appraisal of the purchased apartment, insurance, notary services. The buyer of the apartment will have to pay more than tens of thousands of rubles.
Realtors
Real estate agency clients pay a commission. Some costs can be charged to the agency, but this is only if the client pays for these services. In other cases, it is the concern of the seller and the buyer.
Everyone dreams of having their own home. To achieve this, many have to save for a long time, or use mortgage lending to buy an apartment. But not everyone thinks that the amount for the purchase of housing includes not only the cost of the apartment, but also some additional costs.
About what costs the seller and the buyer bear when buying and selling real estate, what additional costs can be expected in this or that case, who pays for the execution of the contract and what else is needed to complete the transaction - read on.
Buying a home
Real estate bought on the housing market is divided into two main types:
- Primary. These are houses or apartments purchased either at the construction stage, that is, in equity participation, or in already completed buildings. In fact, housing is bought for the first time, which means that a certificate of ownership has not yet been issued for it. With the primary housing market, especially if it is a plot for shared construction, there are considerable risks for buyers.
- Secondary. Real estate passes into secondary status immediately after registration of ownership rights to it. Buying a home on the secondary market is much more profitable. In this case, you can immediately apply for a residence permit and move into the purchased housing.
Required package of documents
Any purchase and sale transaction is confirmed by legally and legislatively agreed official papers.
Here is the required list of documents when concluding this agreement:
- Application for registration of ownership. A sample and filling procedure can be viewed on the website roseestr.ru or at the registration service department.
- State duty. The buyer pays and attaches the original receipt to the transaction documents.
- Actually, the contract of sale. It will need to specify in detail all the data about the interested parties, as well as about the property. It is better to have a competent lawyer check the paper.
- Cadastral passport. If there is a copy in Rosreestr, then you can not re-register.
- Notarized consent of the spouse or former spouse to sell the apartment, if the seller has one. Without future consent, this person may demand that the transaction be declared invalid.
- Extract from the house book. To clarify the data on the number of registered in the apartment. You can contact the MFC, the management company or request a certificate through the website of the State Service.
- Passport of a citizen of the Russian Federation. To identify the person, all parties to the agreement provide personal documents.
This is a general list of securities that are needed to carry out a purchase and sale transaction. But it is worth remembering that this list may increase depending on the circumstances.
Who pays for the purchase and sale of an apartment
All costs for the implementation of the transaction of sale, as usual, are borne by the buyer of the apartment. In some cases, the parties agree on who pays for the sale and purchase transaction in their own way.
Then the costs of formalizing the agreement are divided between the seller and the buyer by agreement.
So, what payments when buying an apartment will have to be made during the execution of the purchase and sale transaction:
- The cost of preparing and registering a contract of sale. Here, the cost depends on the form of the contract, simple or notarial, as well as on the price of the apartment. Costs will be from 3 thousand rubles and more.
- Payment for a safe deposit box rented from a bank. From one and a half thousand rubles, depending on the chosen bank.
- Fee for checking the authenticity of banknotes. Depends on the type of currency, percentage of the amount of money being checked.
- Fee for state registration of property. From 3 thousand rubles.
- Payment for notarized documents required for the transaction. Consent and powers of attorney from spouses, etc. based on notary prices from 1000 rubles and more.
When selling an apartment, what are the costs incurred by the seller?
Most often, it is the seller of the apartment who is most interested in making a deal as quickly as possible.
Therefore, it is very important to pay attention to the preliminary preparation of documents, which is included in the costs of selling an apartment. What may be needed:
- Paper from BTI. The cost depends on the date of the previous assessment.
- Additionally, you need to request a certificate from the BTI on the correspondence of the address and area of the apartment, if necessary, an explication plan.
- Pay for a call to a technician to check the status of meters. Verify the diagnosis in writing.
- Confirmation from the Federal Tax Service that there are no tax arrears.
- Confirmation of the absence of debts for payment of utilities and an extract from the house book.
- If there is an illegal redevelopment, you need to legalize it. This can add up to a tidy sum, depending on the type of change. When making a deal, attach the relevant papers.
All these problems can be placed on the shoulders of specially trained people. Then, in the costs of selling an apartment, you will have to additionally add the payment for the services of a realtor to collect documents.
Costs when buying an apartment in a new building
The additional costs of buying an apartment in a new building can turn out to be much higher than the lucky owners of brand new keys expect. There are certain nuances that should be taken into account in this case.
It is desirable that the buyer after the transaction is still money for unforeseen expenses. Here's what might happen:
- After the house is put into operation, BTI conducts final measurements of the area of apartments. The contract usually prescribes the design dimensions of the living space, which, upon completion of construction, may change up or down. Well, if less. Otherwise, you will have to pay extra. And given the current cost of one square meter of housing in most cities of Russia, the amount will be considerable.
- In some cases, tenants must pay approximately two to four months' worth of utility bills before moving into a new apartment. Such an obligation is assigned to the buyers of apartments in new buildings so that at the stage of settlement, the tenants are provided with a full range of services from the management company, which, in turn, should not have debts to their suppliers.
- Currently, more and more new apartments are being sold with an open plan. In such situations, you can not do without the cost of redevelopment. And after that, you can not do without a technical passport from the same BTI.
- Well, the most serious expenses, of course, fall on repairs in a new apartment, even if it is equipped on a turnkey basis. Before you move, you need to prepare an apartment for a comfortable stay.
In the secondary market
The most important nuance that distinguishes the purchase of an apartment in the secondary market is the need to verify the legal purity of the purchased housing.
What it is? The term legal cleanliness of an apartment means that after acquiring the housing in question, other citizens will not claim their rights to it.
You can, of course, check this aspect yourself. Request extended certificates from the USRR, carefully examine the documents confirming the ownership of the apartment. Find out if the apartment was inherited and if there are any encumbrances. But it is best to turn to specialists and not save on this issue.
The cost of checking the legal purity, depending on the parameters of the apartment and the complexity of the procedure, can be from 5 thousand rubles or more. This amount will also go to the buyer's expenses.
Additional costs when buying an apartment with a mortgage
When there is not enough cash to buy housing, or there is none at all, you can turn to the help of any bank that provides mortgage lending.
The costs of buying an apartment with a mortgage increase compared to a normal home purchase transaction.
To begin with, in order for the selected bank to approve lending, it is necessary to provide all the necessary documents on the income of the buyer and co-borrower, if any.
In addition to income confirmation, the bank may request other necessary documents, including:
- An independent assessment of living space when buying a secondary home. To know how much an apartment will cost on the real estate market in the period under review.
- Mortgage insurance payment. Life insurance and disability insurance are usually included in the cost of a mortgage. But for title insurance you have to pay separately.
- To be completely honest, the biggest expense when buying an apartment on a mortgage is the mortgage itself. And in many cases for the next ten to twenty years.
When buying an apartment, which costs are borne by the buyer, and which are borne by the seller, are often determined individually. After all, every sale and purchase transaction has its own nuances and pitfalls. In any case, additional expenditure of funds is inevitable. Therefore, it is worth calculating in advance possible expenses in order to approach the purchase or sale of an apartment fully armed.