Features of drawing up a contract for the exchange of real estate. What is real estate exchange and how is it beneficial for the persons who have concluded the contract? Nuances in the execution of the contract

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

Aims and means

There are a number of reasons that encourage citizens to change their habitual place of residence, to exchange their own housing, respectively, there are not one, but several ways to exchange real estate, each of which has its own advantages and disadvantages:

Most often, the need to exchange housing arises when the owner wishes, in other words, it is required to expand the living space (due to replenishment of the family or as needs grow, claims to the level of comfort) or change the area of ​​​​residence to “more attractive”;

In the practice of modern realtors, there are clients who would like to make an exchange in order to improve their financial situation - when exchanging a spacious apartment for a more modest housing, you can receive a surcharge and save a place to stay. 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 those who want to exchange a large apartment for two smaller apartments. In this case, most often, we are talking about the division of the inheritance or about separation - during a divorce, family members share a joint living space and move to live in separate apartments.

When exchanging, a lot depends on the location and condition of the apartment, for example, a small apartment in the central district 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.

Real estate exchange options

The real estate exchange operation was the most common in Soviet times, an 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 the long-distance exchange of apartments relieved citizens of the need to find a buyer in their city, and then from finding an apartment in a new place.

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

The first option is the simplest and, with a sufficient amount of real estate experience from the owner of the apartment, this method avoids 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 at the same time finding a living space that would correspond to his claims.

The second option is a direct exchange, a rather difficult 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 much fewer owners who want to make an exchange than those who simply want to sell their apartment. This significantly narrows the choice for each of the parties to the transaction, because it is necessary to make sure that the proposed conditions suit everyone.

The third option is an alternative deal, such operations, as a rule, are carried out by realtors and reduce the 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 bought. Thus, the participants in the transaction fix the price, and also confirm the seriousness of their intentions, since it is extremely difficult to refuse the transaction after the advance payment.

In the case when the owner sells an apartment in order to immediately purchase a new living space, there are some risks - a sudden price hike (after the sale) may prevent 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 has nowhere to live yet, 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 for the exchange of apartments, one cannot fail to note a rather interesting scheme, which for the first time began to be practiced by capital developers. This is a “trade-in” scheme, which involves a quick move to a new building apartment, while the old apartment is accepted as payment. This method of exchange is often offered by Moscow real estate agencies and is quite in demand, since the transaction takes very little time - from the beginning of its execution 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 practiced more and more every year.

Exchange with additional payment by means of "maternity capital"

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

Mortgage housing exchange

Another type of exchange can be considered the exchange of mortgage housing, that is, apartments purchased with a mortgage loan. The question of whether it is possible to exchange an apartment that is in a mortgage is raised quite often, since a significant proportion of housing is bought for 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 at the same time - sales and purchases, during the sale, the buyer pays the seller's debt to the bank or assumes debt obligations (which banks are reluctant to do). Together 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's housing stock are municipal property. However, the fact that the housing belongs to the city does not mean at all that those living in this apartment cannot claim to improve their living conditions, and the only way to expand the living space (or change the area) is the same exchange.

However, such transactions were not widely used 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 at the time when the owner of a private apartment moves to a municipal apartment, this agreement is reissued to him, and the second party receives the apartment in full ownership.

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

Tax when exchanging an apartment

Another aspect of apartment exchange is taxation. The Tax Code does not regulate the payment of tax in any way when concluding a direct exchange, but the Civil Code (Article 567) determines that the same taxation rules apply to an exchange agreement as in the case of a sale and purchase 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. At the same time, it is assumed that payment for each of the apartments is carried out in kind at the cost reflected in the exchange agreement. In addition, no tax is charged when exchanging an apartment if the apartment being exchanged has been owned by 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 book and a copy of the financial personal account;
• Document establishing the appraised value of the apartment (it is necessary to conduct an appraisal of the property);
• Documents proving the identity of the participants in the transaction (passports and birth certificates).

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

Evidence of participants in the transaction on the conclusion and / or dissolution of marriage. If the property was acquired during the marriage, the transaction requires the written consent of the spouse. In addition, consent is also required if the marriage has already been dissolved, since the property acquired during the marriage is considered joint, and the rights to it equally belong to both spouses;

Certificate from the department of guardianship and guardianship 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 provided in this article, the website portal experts would like to note that transactions aimed at exchanging one property for another are more complex than, for example, the procedure for buying and selling an apartment. Therefore, in order to avoid the risks associated with the loss of time, as well as other troubles, those wishing to exchange housing are advised to prepare a deal on their own only if they have sufficient experience. In this case, the involvement of a competent realtor will help save time and nerves.

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

A real estate exchange agreement is a bilateral transaction that allows the exchange of one property for another on mutually beneficial terms. A feature of this transaction is that both parties simultaneously act as sellers and buyers of real estate.

And what is the biggest plus of the barter transaction is that both parties as a result acquire property more profitably: with better characteristics and parameters. Or even at all - the exchange of real estate under an exchange agreement can be made for absolutely any other object, not necessarily immovable, for example, a vehicle.

Features of an exchange transaction

The contract of exchange is concluded on the same principle as the contract of sale. Accordingly, the exchange agreement is aimed at the alienation of property irrevocably for each party. In this case, each party is the seller of its own property and at the same time the acquirer of other property.

Before the transaction, the parties must notify each other of all the shortcomings that the subject of exchange has, as well as whether third parties have the right to the alienated property.

Immediately at the time of the transaction, the notary checks on the electronic database whether both objects are under judicial arrest, pledge or mortgage. If there are any restrictions regarding the alienation, then the transaction cannot be carried out. In addition, it is mandatory to comply with the form of the contract - written. Otherwise, the transaction may be invalidated.

The parties may terminate the exchange agreement by mutual agreement or by a court decision, but there must be good reasons for this.

Documentation of the exchange

So, the owner can exchange any real estate (apartment, private house, cottage) for another housing or transport. Also, often there is a change of housing for housing with a smaller area plus a car. In this or that case, the exchange transaction must be properly executed: in the form of a written contract, a sample can be downloaded here:

In order for the contract to be concluded in strict accordance with the law, it is better that it be notarized. If the contract for the exchange of real estate will be drawn up with the help of a notary, then the notary will prepare a sample contract on his own.

To conclude a contract, you need the following package of documents:

• title document for real estate;
• cadastral passport for housing;
• notarized consent of the spouse for alienation (for exchange) - if the object of exchange belongs to the spouses on the basis of joint ownership;
• extract from the house book;
• certificate from the housing department on the composition of the family;
• report on the conducted market valuation of real estate;
• passport, tax number;
• receipt for payment of state duty.

The same list of documents must be collected by the second party to the transaction, in case one apartment is exchanged for another.

If there is an exchange of an apartment, for example, for a car, then you will need:

• technical passport for the car;
• assessment of the market value of the vehicle;
• notarized consent of the spouse to change the car;
• passport and tax number of the other party.

The cost of the contract

The contract for the exchange of real estate, which the parties will certify in a notarial form, includes such expenses as:

• state duty under the contract;
• notary services (notarial consent, development of a sample contract, its certification);
• services of an expert appraiser of property;
• state duty for registration of property rights.

It is worth adding that an exchange agreement can be concluded both without an additional payment (when both objects are considered equivalent), and with an additional payment (if one of the objects of exchange is more expensive). Therefore, this nuance should also be taken into account when calculating the costs of real estate exchange.

Another item of expenditure that you should pay attention to is the tax on alienation. Taxation in this part may affect those property owners who own the property for less than three years.

Do you have any questions? Write your question in the form below and get detailed legal advice:

Housing exchange is not the most common option for changing an apartment or house. However, in some cases, it is he who is the best option. Most often such transactions are made by close relatives, friends, acquaintances.

Do not confuse the exchange agreement with the exchange of an apartment. The latter simply provides for a change of residence without taking ownership (social rental housing, for example).

If, as a result of the exchange, the payment is not money, but property rights to real estate, then this is an exchange.

In Art. 567 of the Civil Code of the Russian Federation sets out the concept of an exchange agreement - this is a kind of real estate transaction, as a result of which the owners exchange housing.

A priori, this exchange should be equivalent, although the text may indicate otherwise.

The nuance of such an agreement is the legal status of the parties - each of them simultaneously acts as both a buyer and a seller.

The fact of the exchange of housing is confirmed by the conclusion of a written agreement between the parties. The document is drawn up as a civil law agreement.

At its core, it is the same with its inherent moments:

• payment for housing is not money, but property rights, which each of the apartment owners enters into upon the entry into force of the contract;
• the exchange agreement is considered fulfilled after the registration of ownership of the premises, accompanied by the receipt of new, and other documentation.

In cases where the exchange is unequal, the transaction can no longer be considered a true "barter", since one of the parties receives some profit. All these nuances are also prescribed in the contract.

Such transactions, as well as, are regulated by the norms of the Civil Code of the Russian Federation.

In what cases is it beneficial to conclude a contract?

The main reasons that prompt homeowners to conclude can be considered:

• the desire to improve their living conditions with minimal time;
• trying to save money on taxes.

The latter is often the root cause of bartering. The fact is that in an equivalent exchange, when the property of the owners suits both parties and their value is equal, state tax is not paid.

Even if the property is not of equal value, the deductions will be significantly lower. Since it involves a deduction from the profit received, it will not be charged from the total estimated value, but only from the difference.

The need to pay personal income tax arises only for those owners who own housing less than 3 years. And it does not matter how the owner entered into the rights: inheritance.

During the tenure less than 3 years you can use, prescribed in Art. 220 of the Tax Code of the Russian Federation.

Transactions between close people of unequal apartments often occur with an additional payment “in an envelope”, when the amount of profit from the sale does not appear anywhere at all.

In practice, the conclusion of such agreements is carried out most often between relatives or friends.

It is very difficult to find an outsider who owns a home who is satisfied with your apartment, and whose property you like.

Nuances in the execution of the contract

Such a document is concluded exclusively by the owners of real estate. Its main points are spelled out in Art. 567 of the Civil Code of the Russian Federation.

Video: Substitution of a sale and purchase agreement with an exchange agreement

The video tells about a common method of fraud in concluding real estate transactions, when a real estate exchange agreement is formally replaced by a sale and purchase agreement. What is the deception and what legal consequences can come for the parties to such a transaction?

According to Art. 567 of the Civil Code of the Russian Federation, under an exchange agreement, each of the parties undertakes to transfer one product to the ownership of the other party in exchange for another. Goods subject to exchange are considered equivalent (unless otherwise follows from the contract). But if the exchange agreement is recognized as unequal, then one of the parties pays the difference (unless otherwise provided by the agreement).

In barter transactions, a very important point is to determine the procedure for the transfer of ownership of the exchanged goods. As a general rule, ownership of the exchanged goods passes to the parties acting as buyers simultaneously after the fulfillment of obligations to transfer the goods. At the same time, a special procedure for the transfer of ownership can also be determined in the contract.

Trade transactions consist of two parts:

Realization of property transferred under an exchange agreement;

Receipts of property under an exchange agreement.

At the same time, according to paragraph 6.3 of PBU 9/99, the organization's income under contracts providing for the fulfillment of obligations by non-monetary means is recognized as the cost of goods received or to be received. The cost of these goods (works, services) is determined by the price at which, under comparable conditions, the organization would purchase similar goods (works, services). If this value cannot be determined, then the amount of income is determined based on the cost of goods (works, services) transferred under an exchange agreement (meaning the price at which, under normal conditions, an organization sells similar goods (works, services)).

According to paragraph 11 of PBU 6/01, the initial cost of fixed assets received under an exchange agreement is the cost of property transferred in exchange or subject to transfer. This cost is determined by the price at which, under normal conditions, the organization sells similar property, and if it is impossible to determine the value of the property to be transferred, based on the price at which similar fixed assets are acquired.

At the same time, the initial cost of fixed assets received by exchange may include the actual costs of their delivery, bringing them to a state in which they are suitable for use.

Consider the reflection in the accounting of barter transactions on the example of the receipt of an object of fixed assets in exchange for finished products:

Dt 62 Kt 90-1 - reflected the proceeds from the sale of finished products based on market prices;

Dt 90-2 Kt 43 - reflects the write-off of the actual cost of finished products transferred in exchange for fixed assets;

Dt 90-3 Kt 68, sub-account "VAT settlements" - reflects the accrual of VAT on proceeds from the sale of finished products;

Dt 08-4 Kt 60 - reflected the receipt of fixed assets in the assessment of the sale value of finished products in the amount without VAT;

Dt 19-1 Kt 60 - reflects the amount of "input" VAT on the received fixed asset.

In the debit of account 08-4, in correspondence with the accounts of accounting for settlements, other actual costs associated with obtaining a fixed asset are reflected: for delivery, bringing it to a state in which it is suitable for use, for payment for information, consulting services, etc.:

Dt 01 Kt 08-4 - the registration of the fixed asset at the initial cost and its commissioning are reflected.

The receipt of fixed assets under an exchange agreement and their acceptance for accounting are confirmed by the following documents:

an exchange agreement;

Act on the acceptance and transfer of fixed assets (forms N N OS-1, OS-1a, OS-1b);

Copies of inventory cards (form N N OS-6, OS-6a, OS-6b) for fixed assets that were in operation;

Invoice for the received item of fixed assets.

Since the parties to the exchange agreement have fulfilled their obligations, it is necessary to offset the requirements:

Dt 60 Kt 62 - offset of mutual claims is reflected based on the full amount of accounts payable.

This operation is reflected in the accounting on the basis of the act of offsetting mutual claims. This act is drawn up at the written request of one of the parties to the contract. One party to the exchange agreement sends to the other party a written notice of set-off indicating the amount to be set off and the grounds for the occurrence of mutual debt.

On January 1, 2009, new editions of paragraph 4 of Art. 168 and paragraph 2 of Art. 172 of the Tax Code of the Russian Federation (Federal Law of November 26, 2008 N 224-FZ "On Amendments to Part One, Part Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"). According to the new norm, during commodity exchange transactions, the amount of VAT presented by the parties to the contract to each other is not paid in cash.

The deduction of the presented VAT is made in the generally established order:

Dt 68, sub-account "Calculations for VAT", Kt 19-1 - the amount of "input" VAT is presented for deduction.

In conclusion, it should be noted that barter transactions are controlled by the tax authorities (Article 40 of the Tax Code of the Russian Federation).

So, according to paragraph 2 of Art. 40 of the Tax Code of the Russian Federation, the tax authorities have the right to verify the correctness of the application of prices for the following transactions:

Between related parties;

Barter (barter);

Export, import of goods (works, services);

When the transaction price deviates by more than 20% (up or down) from the market price.

Therefore, the accountant must check whether the sales revenue shown in accounting deviates from the market prices in force in the region by more than 20%. If such a deviation is found, then the market price of the transaction is accepted for the purposes of calculating VAT. As a rule, information about prices in force in a given region is requested from the local statistical office.

The check consists in calculating the percentage of deviations, which is determined as follows:

% off \u003d (VPb - RC) : RC x 100%,

where VPb - proceeds from the sale according to accounting data;

RP - market price.

If the resulting value is within 20%, then VAT is charged based on the revenue shown in accounting. If the value deviates by more than 20% in one direction or another, then VAT should be calculated based on the market value of the transferred property.

Example. Initial data: January 20, 2009 LLC "X" entered into an exchange agreement with LLC "Y", according to which LLC "X" exchanges a batch of finished products for a set of office equipment for the office. The exchanged property was recognized by the parties as equivalent. The transaction price agreed by the parties is 70,800 rubles, including VAT - 10,800 rubles.

On January 26, 2009, the parties fulfilled their obligations: LLC "X" shipped a batch of finished products with an actual production cost of 45,000 rubles; Ltd. "Y" supplied office equipment.

Office equipment was delivered by a third-party transport organization, which issued an invoice in the amount of 3,540 rubles, including VAT - 540 rubles.

The following entries must be made in the accounting of LLC "X":

Dt 62 Kt 90-1 - 70,800 rubles. - reflects the proceeds from the sale of finished products based on the prices at which, under normal conditions, the organization would purchase office equipment;

Dt 90-2 Kt 43 - 45,000 rubles. - reflects the write-off of the actual cost of finished products transferred in exchange;

Dt 90-3 Kt 68, sub-account "VAT settlements" - 10,800 rubles. - reflects the accrual of VAT on sales proceeds;

Dt 90-9 Kt 99 - 15,000 rubles. - reflects the financial result (profit) from the sale of finished products;

D-t 08-4 Set 60 - 60,000 rubles. - reflects the receipt of office equipment in the assessment of the sale value of finished products;

Dt 19-1 Set 60 - 10,800 rubles. - reflects the amount of "input" VAT on the received fixed asset;

D-t 08-4 Set 60 - 3000 rubles. - reflected the cost of services for the delivery of office equipment without VAT;

D-t 19 Set 60 - 540 rubles. - reflected the amount of "input" VAT according to the invoice of the transport organization;

Dt 01 Kt 08-4 - 63,000 rubles. - registration of office equipment at initial cost and its commissioning are reflected;

Dt 60 Kt 62 - 70,800 rubles. - the offset of mutual requirements is reflected;

Dt 68, sub-account "Calculations for VAT", Kt 19-1 - 10,800 rubles. - made a tax deduction of "input" VAT on received office equipment;

D-t 68, sub-account "Calculations for VAT", K-t 19 - 540 rubles. - the tax deduction of "input" VAT on services was made.

The question of whether there are any privileges for relatives who wish to exchange living space is popular. But at present, a related exchange of housing requires the same documents and certificates as in the exchange between strangers.

Lawyers state the fact that they are often approached with the question of the exchange of apartments. In order to collect all the necessary documents for the exchange of housing between relatives, you need to take into account a number of factors.

The legislation of Russia does not single out such a thing as "kinship exchange". The Housing Code of the Russian Federation also does not provide for this type of exchange. There is a significant difference between the exchange of privatized and non-privatized apartments. They represent different legal characteristics.

There is also an agreement called "purchase and sale", which has many differences from the exchange agreement. The difference is that the contract of sale involves the exchange of any property for cash. In turn, the exchange agreement provides for the exchange of one property for another, and if such a transaction is unequal, an additional payment is due. The advantage of the exchange is that the homebuyer 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 provides for an agreement between persons, the living space of one of which is a personal possession. Such an exchange provides for registration in the Register and re-registration with the cadastral authorities. The procedure ends with the issuance of a new registration certificate to each party to the agreement.

The same scheme of exchange, only between strangers, is designed to be ascertained in the difference in the cost of living space. This type of interchange is more reliable, but at the same time, considerable costs will be incurred. The Tax Code of the Russian Federation (TC RF) says that the amount of money received as a result of the sale of residential space, which was owned by someone for no more than three years, is taxable income. The tax collection assumes thirteen percent of the amount of the cost of living space. If the cost of the apartment is not more than one million rubles, the tax is not paid. The abolition of the tax also provides for the case if the housing is owned for no more than three years, plus its price does not exceed a million.

Before deciding on such a decision, it is necessary to take into account the decision of the spouse on this issue. This is taken into account when the divorce was carried out less than three years ago, and if the apartment was bought in a marriage union. If the housing is privatized by one family member, such consent will not be required in the same way as in the case of inheritance. If the participants in the transaction are minors, you must provide original birth certificates and permission from the guardianship authorities.

A donation agreement can be used if the exchange is going to be made between relatives. In this case, there is no income tax. Before 03/01/2013, such an agreement had to be confirmed by registration. But on December 30, 2012, a law was passed that abolished such registration. The notary can certify the document at the request of the donor. The fact of donating housing provides for the collection of specific documents:

The exchange agreement must be:

• Compiled in writing.
• Notarized.
• The contract must specify the characteristics of both residential areas.
• It is necessary to note the further fate of the registered residents of the apartments.
• Provided in triplicate.
• References (explication, floor plan, cadastral passport).

Exchange of relatives of a privatized apartment for a non-privatized apartment

This type of exchange is not stipulated by Russian law, so you will have a difficult and lengthy process. First of all, you need to privatize the apartment that is rented. After that, turn to the process of exchanging or donating housing.

The next method is a little more difficult. It is necessary to register an adult family member in a non-privatized apartment, and before that - deregister in a privatized housing. If the dimensions of the dwelling correspond to the standards of social hiring, then registration will take place without any problems. Then, with the help of an official document confirming the donation, replace the owner of a private apartment.

Article 72 of the Housing Code of the Russian Federation (Housing Code) speaks of the possibility of exchanging rented living space between several residents not only of the same city, but also of different settlements. Such an exchange involves filling out an agreement that specifies the terms of the exchange, in triplicate. In turn, one document must be registered. In the future, such a document has a legal value and proves that the obligations have already been transferred to another individual.

Each exchange participant is required to submit the original exchange document to the local authorities in order to obtain their approval. The refusal of the administration may be issued in certain cases provided for in Art. 73 ZhK RF:

• One of the exchanged premises is unsuitable for further living in it.
• The right to use housing is negotiated in court.
• The house in which the apartment planned for exchange is located may be demolished in the near future.
• A person who is infected with chronic diseases can live in an apartment that is offered for exchange, and living with him can be dangerous to health.
• Possible cardinal renovation of the house.

Deviation may be considered in court. In the absence of all restrictions, the following documents will be required:

• Written housing exchange agreement approved by local authorities.
• Agreement on the exchange of all registered residents of the apartment. Without such consent, the procedure may be refused.
• If there are residents of the apartment who have not reached the age of 18, the exchange agreement must be confirmed by the guardianship and guardianship authority.
• Certified application for the exchange of apartments.
• A certificate that confirms the absence of the debt of the employer.
• Help from the house book.
• Document on the condition of the dwelling.
• House plan.

According to the new order of the Housing Code of the Russian Federation, rental agreements that were previously concluded in order to exchange social rent apartments should be canceled. Local governments must terminate these contracts and conclude new ones within ten days.

The exchange agreement is the main thing in this procedure. But besides this, you need to prepare other papers for submission to local administrative bodies:

In addition to all these documents, you must have with you receipts of payment for the operations performed.

Despite the fact that according to the law of the Russian Federation there is no such procedure as “exchange of apartments between relatives”, living space can be exchanged. The case when the apartment - someone's property and when it is a municipal service - allows you to make an exchange.

Recently, the demand for such services has been decreasing more and more. People do not want to exchange property for fear of any consequences. Therefore, buying a personal home is a more suitable option.