Important: the conclusion of an agreement for the exchange of real estate is subject to mandatory state registration in the Unified State Register of Real Estate
The peculiarity of the exchange agreement is that one property is exchanged for another. Both objects are considered as a commodity being sold, but are not paid for in money, but by providing the other object in kind. In this case, each party is both a seller and a buyer at the same time.
This procedure involves concluding an agreement and drawing up an act of acceptance and transfer of exchanged objects. In it, as in the purchase and sale agreement, mandatory conditions must be met. It is necessary to indicate: the subject of the contract — a description of the property, its exact address, cadastral number, area, cost, details of title documents and other identifying characteristics.
Various exchange options are possible: in one case, the objects may be recognized as equivalent, in another, the contract may provide for an additional payment by one of the partiesnotes Anna Anyukhina.
In addition, the document should specify the obligations of the parties to transfer one piece of real estate and simultaneously accept another in exchange. If an agreement for the exchange of residential premises is concluded, then a list of persons who retain the right to use them by force of law and, if any, other significant details of this transaction are indicated. The acceptance certificate may indicate defects, repair features and other nuances. The exchange agreement does not require notarization (with some exceptions).
In order to register the transfer of ownership under such an agreement with the State Registration Committee, it is necessary to collect the following package of documents: statements from both parties; barter agreement, transfer and acceptance act; identification documents and, if required, a notarized power of attorney. The state duty is 2,000 rubles for individuals and 22,000 for legal entities for each object.
You can submit documents through the “My Documents” multifunctional centers. In this case, the state registration period will take 5 working days. If you have an electronic digital signature, you can submit documents in your personal account on the website Rosreestrregistration will require 3 days without the services of a notary or 1 day if the contract form is notarized, — said the deputy chairman.
source: Information Policy Department of the Ministry of Information of the Republic of Crimea