REGISTRATION OF OWNERSHIP FOR NON-RESIDENTIAL PREMISES, BUILDINGS, STRUCTURES
Information about existing rights to real estate objects and data about these objects are contained in the Unified State Register of Real Estate (USRN, formerly called EGRP).
The basis for making an entry in the Unified State Register of Real Estate is the state registration of ownership of real estate. Therefore, when changing the owner, changing his personal data or changing information about the property, it is necessary to go through the state registration procedure with the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). From the above it follows that it is necessary to register property rights when purchasing, dividing, donating or inheriting
non-residential (commercial) real estate. Also, state registration of property rights is required when rebuilding, remodeling or reconstructing non-residential premises, buildings, structures. Prices and procedure for supporting commercial real estate transactions HERE.
The emergence of ownership rights to newly created buildings is associated with the moment of state registration (Article 219 of the Civil Code of the Russian Federation). This right belongs to the owner of the plot under the house, unless otherwise provided by law. The owner of the building and the land underneath it has an obligation to simultaneously transfer rights to both objects. If this requirement is violated, the transaction will be invalid. According to Art. 40 of Federal Law No. 218-FZ regulates the features of cadastral registration and registration of ownership of newly created buildings and structures: - these procedures are carried out simultaneously in relation to the building and the plot under it, if the rights to the land have not previously been recorded in the Unified State Register of Real Estate; — when registering rights to a building, cadastral registration of all premises in it can be carried out simultaneously.
Cadastral registration and registration of buildings and structures is carried out on the basis of a commissioning permit and a title document for the plot of land under the specified objects. If the construction of a building did not require obtaining a building permit, its cadastral registration and registration will be carried out on the basis of the technical plan and title documents for the land.
Many individuals and legal entities own real estate acquired before 1998, including under privatization plans, including the property of factories, agricultural cooperatives, fish farms and other enterprises. During the period of registration of rights to such property in the Russian Federation, there was no single body carrying out state registration of rights. In addition, not all real estate transactions were subject to registration, so in such situations the concept of “previously arising right” is used.
Today, a previously arisen right that is recognized as actually existing in accordance with the Federal Law “On State Registration of Real Estate”, in the event of an application by the copyright holder for its state registration, is not always possible to confirm in accordance with the requirements of the said law. In such a situation, only a professional lawyer specializing in real estate transactions can help you. HERE you will learn how the transaction support process occurs.
To begin the procedure for registering ownership of real estate, you must have title documents. Such documents can be: a purchase and sale agreement, an agreement on the assignment of the right of claim, a certificate of the right to inheritance. If this is a newly constructed building, then it is necessary to have title documents for the land, construction permits and commissioning permits. The complete list of documents required for submission directly depends on the specific situation. You can clarify the list of required documents by contacting Rosreestr for advice.
Additional documents may also be required, which may include, in particular, a cadastral passport for a premises, building, structure, which can be obtained from the Cadastral Chamber if you have the necessary title documents. The amount of payment for providing a cadastral passport depends on the volume of information provided and the applicant - an individual or legal entity. Obtaining other additional documents depends on the specific situation and may require contacting KIO, FI, PIB (GUiON), BTI.
It is important to remember that incorrectly drawn up documents may raise doubts about their authenticity and reliability among the registration authorities, which will lead to the suspension of the registration procedure. If these reasons are not eliminated within the prescribed period, the registration authority is obliged to make a decision to refuse registration of property rights.
In accordance with paragraphs. 20 clause 1 art. 333.33 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation), for state registration of rights, restrictions (encumbrances) of rights to non-residential premises, a state duty is paid by individuals in the amount of 2,000 rubles, by organizations - 22,000 rubles. At the same time, the state duty for state registration of rights to real estate and transactions with it is paid by payers before submitting applications and (or) other documents to perform these legally significant actions on the basis of paragraphs. 6 clause 1 art. 333.18 Tax Code of the Russian Federation.
Clause 2 of Art. 333.18 of the Tax Code of the Russian Federation provides that, if several payers who are not entitled to the benefits established by Ch. 25.3 “State duty”, state duty is paid by payers in equal shares. That is, if several individuals wish to register property rights, then the state duty is divided into equal shares in accordance with the number of participants. If the participants are an individual and a legal entity, then each of them pays 50% of the corresponding amount of the state duty.
State registration of ownership of non-residential premises is carried out upon application to the Rosreestr authority at the location of the property. The application must be accompanied by a receipt for payment of the state duty and documents necessary for registering property rights.
In addition to submitting an application for registration in person by an individual or legal entity or their representatives, it is possible to submit documents for registration of rights by mail (in this case, the application and contracts of transactions must be notarized), as well as through a notary who certified the transaction.
The result of the state registration is the making of inscriptions on title documents and the issuance of certificates of state registration of rights - Extracts from the Unified State Register of Real Estate (USRN).
If, during the legal examination, it is discovered that the submitted package of documents is incomplete, or there are errors in the submitted documents, you will be denied registration of property rights. In this case, you will have to prepare a new package of necessary documents and again submit an application to Rosreestr to register ownership of the property.
According to Russian legislation, the registration period for real estate rights is 30 days.
You can register ownership of non-residential premises (building, structure) either independently or through an authorized representative. The best choice would be to entrust this procedure to an experienced real estate lawyer - this will protect you from mistakes, due to which you can be denied registration and waste a lot of time and nerves.
You can familiarize yourself with the cost of services for registering property rights in a legal entity in the appropriate section.
Judicial practice in recent years indicates an increase in disputes related to refusals of local governments to provide supporting documents, which in most cases are necessary, because documentation on the transfer of objects into ownership was not properly drawn up, contracts and transactions were not registered, data on objects were not entered into the Unified State Register of Rights (USRE), technical documentation was not updated, if technical and cadastral registration was carried out at all, etc. At the same time, rights to objects after privatization could be transferred to other persons more than once without proper registration of transactions. Trying to register a previously arisen right, potential right holders sometimes provide the registration authority with all the documents that have accumulated over the years, often contradictory, in relation to such an object, which significantly complicates the situation - the refusal to register a right can only be appealed in court.
State registration of a previously arisen right is also necessary today because the absence in the Unified State Register of Information about the copyright holder of a real estate property is grounds for suspending any registration actions on the property (Articles 26, 69 of the Federal Law “On State Registration of Real Estate” N 218-FZ dated 13.07 .2015). According to Art. 1 of this Law, state registration is the only evidence of the existence of a registered right.
Thus, if you intend to transfer your right to a new person, encumber (limit) your right (for example, pledge it), or make a transaction with real estate, you need to bring the ownership documents for the object into compliance with the requirements of current legislation.
You should also pay attention to cases of reorganization of legal entities by transforming a closed joint stock company into a limited liability company and the associated fate of real estate. The legislation and commentaries of experts have not yet formed a clear opinion on this issue. But the practice of the Rosreestr Directorates of both St. Petersburg and the Leningrad Region adheres to a clear position, which is as follows. If the CJSC owned real estate objects, state registration of the LLC's ownership of these real estate objects is required. The state duty must be paid in the amounts established by the Tax Code of the Russian Federation as for state registration of rights.
A building has been purchased: how to register ownership of the land plot underneath it
In cases where the object has been changed, and the old owner has not entered new information in accordance with the requirements of the law, information cannot be entered into the Unified State Register until all necessary approving documents (permits, certificates, extracts) have been received from the housing inspection.
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Often we remember about the correct execution of documents only at the moment when they become necessary. To a large extent, this point concerns real estate, the registration of which is delayed until the last minute. Until the question arises about the sale of any object, inheritance, donation and other events related to the transfer of an apartment, building or land into other hands.
We suggest considering the topic: “how to register ownership of a land plot - a list of documents depending on the basis” with comments from professionals. We tried to explain everything in understandable languages and fully cover the topic. Read the article carefully and if you have any questions, you can ask them in the comments or directly to the consultant on duty.
