A draft on notarization of housing transactions will be submitted to the State Duma.
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- A draft on notarization of housing transactions will be submitted to the State Duma.
Russia may introduce mandatory notarization for all real estate purchase and sale transactions between citizens. The relevant bill, prepared by deputies of the Moscow State Duma, will soon be submitted to the State Duma (State Duma) for consideration. Igor Bryntsalov, chairman of the regional parliament and a member of the United Russia party, told Izvestia on June 24.
According to him, the initiative is aimed at protecting homeowners, reducing fraud risks and reducing the number of lawsuits. The notary's participation in the paperwork guarantees a more thorough verification of the information and the status of the parties.
"A notary has more opportunities to receive and verify information, evaluate documents, and the condition of the parties. In the case of notarial support, the probability of losing property and invalidating the transaction is negligible," Bryntsalov said.
The authors of the initiative emphasize the economic benefits of the innovation. According to the Moscow State Duma, the federal tariff for notary services does not exceed 20 thousand rubles, while the services of realtors cost 3-5% of the transaction amount. The cost of lawyers in case of legal disputes may exceed the cost of notarization by 198%. For example, when buying an apartment for 150 million rubles, you will have to pay a maximum of 31 thousand rubles for notary services, including all checks and sending documents for registration.
According to the explanatory note to the bill, the number of violations of owners' rights is growing in the real estate market. According to the Interior Ministry, about 5-7% of transactions are in violation of the law, and according to unofficial statistics, these figures are much higher. In 2024, 93 people lost their only home in Moscow alone due to the actions of fraudsters.
"When the parties to a transaction do not certify it with a notary, they spend money on various kinds of intermediary services, which often turn out to be more expensive than contacting a notary and at the same time do not actually provide legal guarantees to the participants in the transactions," the document says.
Alexander Yakubovsky, a member of the State Duma Committee on Construction and Housing and Communal Services, drew attention to possible risks, such as increased processing time and additional costs for citizens. The deputy pointed out that a notary cannot always determine whether a person is acting under pressure.
"Therefore, simultaneously with the introduction of such a measure, it is necessary to limit the total cost of notary services, provide benefits for socially vulnerable citizens and establish a single standard for verifying the legal purity of real estate," Yakubovsky stressed.
Market experts point out that notaries bear full property responsibility for the documents they certify. Ekaterina Kosareva, Managing Partner of the VMT Consult agency, added that contracts involving notaries are challenged in courts much less frequently.
"A notary has a huge incentive to comply with the requirements of the law, as he personally bears property responsibility," she stressed.
The main result of the introduction of the new rules, according to experts, will be an increase in the legal literacy of participants in transactions at all stages. At the same time, both financial and time costs will increase.
Maxim Peshkov, a lawyer and expert at the Foundation for the Support of Citizens Affected by Crimes, said on April 24 that current legislation does not always protect bona fide home buyers and needs to be improved. According to the expert, in practice, responsibility is often shifted to the buyer, even if he has taken all possible measures to verify the transaction. We are talking about cases when documents, medical certificates are checked, as well as banks, mortgage mechanisms and notaries are involved.
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