President of the Notary Chamber of the city of Sevastopol Olga Kalenkovich: the use of «Kherson certificates» — what you need to know
Recall that “Kherson certificates” are a state housing certificate for the purchase of housing. Issued to citizens who were forced to leave the city of Kherson or the right-bank part of the Kherson region. The certificate was put into circulation by the Decree of the Government of the Russian Federation dated October 21, 2022. It is valid throughout Russia.
And at this stage, according to experts, certificates are actively used both for the purchase of apartments and for the purchase of houses. Including, of course, in the Crimea and Sevastopol. At the same time, the acquisition of real estate with the help of «Kherson certificates» is possible subject to certain rules. What is at stake — explains the President of the Notary Chamber of Sevastopol Olga Kalenkovich.
When buying and selling an object using «Kherson certificates», what comes to the fore?
FirstlyOf course, if the transaction is made using the «Kherson certificate», then the seller needs to understand that he will not receive the money immediately.
Secondly, buy any property that is suitable for the cost will not work. There are «technical» requirements that must be met. And only with their strict implementation, the transaction can be completed. So:
- in Sevastopol, according to the certificate, you can purchase housing of at least 12 square meters of total area per person. Given that the total area does not include the area of loggias and balconies.
- these certificates do not cover land and all non-residential facilities (baths, garages, sheds, etc.). If a residential building is purchased on the site, then the house is purchased for the money of the certificate, and the land and other non-residential buildings will have to be purchased for their own money.
If we talk about the intricacies of the transaction as such, then it consists of several stages. In short:
- a contract of sale is drawn up, as a rule, a marriage contract;
- property rights are registered and the participants in the transaction, the holders of the «Kherson certificate» apply to the MFC, addressing the Capital Construction Department of the city of Sevastopol with an application for the transfer of funds;
- The department is doing due diligence. In particular, experts determine whether the conditions that are designated as mandatory for the use of the certificate have been met. As prescribed, such verification takes 15 days.
If the Department makes a positive decision, as well as if funds are available, the seller receives money for the sold object. Moreover, they are transferred only by bank transfer to the account specified in the contract. This happens in most cases a month and a half after the submission of documents to the Department of Capital Construction of the Government of Sevastopol (NOT after the notary agreement and registration of rights!).
If a refusal is received, and it must be motivated, then there are two options for the development of the situation: either this contract is terminated, or the shortcomings are finalized and the documents are again submitted for consideration.
What are the main mistakes when making transactions using “Kherson certificates”?
In addition, we have recently seen such a novel: they refuse if someone is registered in the apartment at the time of the transaction. Even the old owner.
Incorrectly calculated shares of buyers.
In general, an apartment that is purchased using «Kherson certificates», based on the practice of implementing a project in Sevastopol, should be:
- clean (without citizens registered in it);
- whole (not to be divided into parts);
- living area = 12 sq.m. for each person for whom a certificate has been issued (excluding the area of balconies, loggias).
There are many such deals now. And I would say that more people buy houses this way. They use the possibility of combining certificates — relatives, of course, do this.
However, there is still a “but” here: in Sevastopol, housing is expensive, it is rather difficult to find a suitable “exactly the same”, so many use, of course, their own funds.
It is also worth noting here that the certificate is not limited to the territory. That is, if issued in Sevastopol, then you can buy housing somewhere else. On the territory of the Crimea, Sakhalin, in the Krasnodar Territory, etc. And this is a way out for many: they look at the pricing policy, compare it with their capabilities, and select a place where they can get the most suitable housing in terms of parameters.
How are such transactions made?
It can be done in a simple written form, or it can be done through a notary. Plus the last option: we check everything related to the transaction. Therefore, the chances of its successful completion are maximum. For the simple reason that we know all the requirements associated with this program, and dictated by the Capital Construction Department of Sevastopol, in particular. This allows us to protect the participants in the transaction, to identify the «pitfalls» that may be in a given situation.
Another plus: the process of processing a transaction with a “Kherson certificate” through a notary is faster. At the same time, the fact that the seller of the object does not receive money immediately and non-cash remains unchanged.
website of the Notary Chamber of Sevastopol —
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