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Free Guide to Hiring a Real Estate Lawyer
Conveyancing in Moscow refers to the legal process of transferring ownership of real estate property, such as apartments, houses, or land, from one party to another. In Russia, conveyancing involves multiple steps including due diligence, contract drafting, state registration, and the actual transfer of title. This process is regulated by the Russian Civil Code and various local and federal property laws. The procedure ensures that both the buyer and seller comply with the legal requirements for a safe and legitimate transfer, helping to protect their rights and interests.
Conveyancing transactions in Moscow can be complex and involve significant legal and financial risks. Here are some common situations where you may require legal help:
A qualified lawyer will ensure that all documents are correctly prepared, deadlines are met, and that your rights are protected throughout the conveyancing process.
Conveyancing in Moscow is governed primarily by the Civil Code of the Russian Federation and the Federal Law On State Registration of Real Estate. Some of the key aspects include:
Local Moscow regulations may also impose specific rules, especially for properties in historical districts or municipal housing.
You will typically need a valid passport or identification, proof of property ownership, a notarized sale-purchase agreement, a cadastral passport, and documents confirming absence of encumbrances or debts on the property.
The process can take from several days to several weeks, depending on the complexity of the transaction, availability of documents, and whether there are any legal complications.
Typically, both the buyer and seller must be present or legally represented by a power of attorney at the time of registering the transaction with the state authorities.
Notarization is required for some property transactions, such as those involving a share in jointly owned property, or when one party is represented by a proxy. In other cases, it is optional but recommended.
Yes, foreigners can generally purchase and own real estate in Moscow, although there may be special requirements and restrictions, especially regarding certain types of land plots.
You can request an official excerpt from the Unified State Register of Real Estate (EGRN or Rosreestr), which will show current encumbrances, mortgages, and other relevant information.
Sellers usually pay personal income tax on profits from the sale, while buyers are responsible for the state registration fee. Other taxes may apply depending on the transaction.
Yes, it is strongly recommended to perform due diligence on the property's history, title, and legal status to avoid future disputes or losses due to hidden encumbrances.
Disputes concerning boundaries or ownership are resolved through the courts or the appropriate state agencies. Legal advice is crucial in such cases to protect your interests.
Remote transactions are possible by granting a power of attorney to a legal representative or notary, who can act on your behalf for the purchase and registration process.
For further information and assistance with conveyancing in Moscow, you can consult the following resources:
If you are planning to buy or sell property in Moscow, it is advisable to take the following steps:
Seeking expert legal advice will help you navigate the complexities of conveyancing in Moscow and ensure that your real estate transaction is secure, compliant, and successful.
