- Статьи
- Society
- Certify and verify: individuals want to conduct housing transactions through a notary
Certify and verify: individuals want to conduct housing transactions through a notary
In Russia, notarization of real estate transactions between citizens may be made mandatory. The bill, developed by deputies of the Moscow Regional Duma, will be submitted to the State Duma in the near future. Its authors believe that the initiative will help protect homeowners, reduce the risk of fraud and reduce the number of legal disputes. The State Duma generally supports the initiative, although it recognizes that additional security guarantees may result in new costs for the participants in the transactions. How the mechanism will work is described in the Izvestia article.
Why do I need a notary certificate?
Since 2016, transactions involving shares in the right of common ownership of real estate, transactions with the property of wards, as well as the sale of housing owned by minors or people with limited legal capacity have been required through a notary. In addition, a notary is required when concluding agreements on the division of the spouses' common property and marriage contracts. And starting in 2024— it will also apply for housing donations. In March 2026, the Government of the Russian Federation approved a bill on mandatory notarization of mortgage agreements between individuals. The measure was developed as part of a plan to "whitewash" certain sectors of the economy and is aimed at protecting citizens from illegal lenders who issue loans secured by housing.
Other real estate transactions can be carried out without a notary: It is enough for the parties to simply conclude a contract in writing.
Igor Bryntsalov, chairman of the regional parliament (United Russia), told Izvestia that deputies propose to introduce mandatory notarization of all real estate transactions between individuals. The proposal is planned to be considered at the 140th meeting of the Moscow State Duma, and then transferred to the State Duma, Izvestia found out.
— A notary has more opportunities to receive and verify information, evaluate documents, and the condition of the parties, — said Igor Bryntsalov. — In the case of notarial support, the probability of losing property and invalidating the transaction is negligible.
In addition, it allows you to insure settlements through a public deposit: the buyer's money will not be able to go to fraudsters before registration, because the notary bears full property responsibility for the damage caused by his fault.
Currently, the federal tariff for notarization of the transaction does not exceed 20 thousand rubles, the Moscow City Duma noted. At the same time, the cost of a realtor is about 3-5% of the transaction amount. And in the case of court proceedings, the cost of a lawyer is about 198% higher than the cost of notary services.
At the same time, the number of crimes in the real estate market, violations of owners' rights, and legal disputes has increased dramatically in recent years, according to the explanatory note to the bill. According to the Ministry of Internal Affairs, about 5-7% of transactions with take place in violation of the law. The estimated damage from fraudulent schemes shows an increase: from 3.11 billion rubles in 2018 to 9.92 billion rubles in 2024, and in 10 months of 2025 it has already reached 10.72 billion rubles.
"According to unofficial statistics, these figures are much higher. In 2024 alone, the owners of 93 apartments in Moscow, being under the influence of deception, lost their only housing," the document says.
The authors of the initiative emphasize that real estate crimes are rarely solved, and it can be very difficult to return stolen money. However, such schemes are often implemented by people who provide intermediary services in the purchase and sale of housing.
According to the Federal Notary Chamber, over the past few years alone, over a thousand cases of fraudulent documents have been identified.
The introduction of a mandatory notarial form for real estate transactions between individuals will help reduce the financial costs of participants. These costs are not comparable to the damage caused by fraud. In addition, the measure will reduce the burden on the budget by reducing government spending on countering such crimes, the explanatory note says.
How notaries verify transactions
Recently, authorities and experts have increasingly proposed to introduce a mandatory notarial form for transactions between citizens, pointing to the accumulated problems in the secondary real estate market, the Federal Notary Chamber reported.
Housing continues to rise in price, and the number of unqualified intermediaries and pseudo-specialists who are unable to ensure the legal purity of the transaction is growing on the market. At the same time, the level of legal literacy of citizens remains low. In such circumstances, notarization helps protect market participants from fraudulent schemes and reduces the risk of future litigation, the agency explained.
It is also important that every notary in the country is legally responsible for the transactions certified by him. In case of an error, the victim receives full compensation for the damage.
"The introduction of a mandatory notarial form for transactions reduces their cost due to the legislation already in force. The federal tariff fixed in the Tax Code is 0.5% of the contract amount with a maximum limit of 20 thousand rubles. A regional tariff is also charged. For example, in Moscow today it ranges from 10 to 11 thousand rubles," the FNP added.
That is, if an apartment costs even 150 million rubles, you will need to pay a maximum of 31 thousand rubles for notarization of its purchase and sale - with all checks, sending documents for state registration and responsibility for the result.
"When the parties to a transaction do not certify it with a notary, they spend money on various kinds of intermediary services, which are often more expensive than contacting a notary and at the same time do not actually provide legal guarantees to the participants in the transactions. In particular, we are talking about title insurance, payments through a letter of credit and legal support from a realtor or a digital platform in terms of legal verification. This can also include subsequent costs in case of suspension of registration, dispute or contesting the transaction," the FNP experts added.
So, if you refuse the services of a notary and make a deal with an apartment worth, for example, 11 million rubles in simple written form, then in the event of a court dispute, according to current state duties, you will have to pay about 90.5 thousand rubles. And this is without taking into account the costs of a lawyer or lawyer.
Experts also believe that in order to increase the security of housing purchase and sale transactions, along with mandatory notarization, it is necessary to legislate the principle of indisputability of notarial transactions. In their opinion, this will help make the secondary real estate market more stable.
As explained in the Federal Notary Chamber, in this case, a bona fide buyer who fulfills all the conditions of a notarized contract will be better protected from the risk of losing real estate through the court. It will be possible to challenge such a transaction only with a proven notary error. At the same time, the buyer is guaranteed compensation for damage due to liability insurance of the notary and his personal property.
Will the initiative help in the fight against fraud
For most citizens, an apartment or house is the most valuable property, so an additional legal check is justified when selling them, says Alexander Yakubovsky, a member of the State Duma Committee on Construction and Housing and Communal Services.
"The notary verifies the identity and powers of the parties, the documents for the object, the presence of encumbrances, finds out the will of the parties to the transaction and explains to them the legal consequences," the parliamentarian reminded. — This reduces risks and forms an additional evidence base in case of a dispute. At the same time, notarization cannot be perceived as an absolute guarantee.
According to the deputy, a notary is not always able to establish that an outwardly capable person is acting under pressure from fraudsters. In addition, a notarized transaction can be challenged in court.
In addition, the mandatory procedure means additional costs and can increase the time required for registration, Alexander Yakubovsky believes.
"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," he stressed. — It should include recording the circumstances of the transaction, checking available state registers, secure settlements through a notary's deposit and prompt electronic registration of the right.
According to the MP, only such an integrated approach will justify the additional burden on citizens, as it will be offset by a real increase in the security of transactions.
Ekaterina Kosareva, managing partner of the VMT Consult agency, added that "life will become much more difficult for fraudsters if, at the stage of working with a notary, a lawyer finds out if there are any encumbrances, whether the person is legally capable at the time of the transaction, and whether all the documents are in order."
— According to statistics, contracts that are concluded with the participation of notaries are more difficult and less often contested, — she noted.
The mechanism of public deposit also plays an important role, Ekaterina Kosareva noted. The funds remain protected until the transaction is registered, so fraudsters will not be able to take possession of them during the period between the transfer of money and the registration of ownership.
— At the same time, the notary has a huge incentive to comply with the requirements of the law, since he personally bears property responsibility, — the expert noted. — But additional obstacles are additional costs for both sides. The payment of federal and regional tariffs is an unpleasant burden on the shoulders of the parties to the transaction.
In addition, even with the introduction of additional protective measures, participants will not be completely protected from a formal approach, in-depth verification may not be sufficient, especially if such work is entrusted to interns and interns, the lawyer added.
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.
Переведено сервисом «Яндекс Переводчик»
