Rosreestr is the federal service for state registration, cadastre and cartography. It is this service that allows you to officially register your ownership of real estate, in particular a residential building.
Anyone who has not passed the Rosreestr inspection does not have full rights to their home; legally it does not belong to them. Such a person does not have the right to carry out any transactions with the house: he will not be able to sell it, give it away, and even more so, pass it on by inheritance.
It will also be impossible (illegally) to rent out the house, carry out major repairs, or remodel.
After official registration this becomes possible. From the point of view of Rosreestr, the house will be included in the Unified State Register of Real Estate (USRN).
Home decoration
The registration procedure, which was in practice in past years, in connection with the entry into force of the new law “On State Registration of Real Estate” on January 1, 2020, will be completely changed. At the moment, there is information about some fundamental changes that are expected in the registration system itself. So, from 2020 it will be impossible to obtain a certificate of ownership from Rosreestr. Instead of the current registration authorities, it is planned to form a Unified State Register of Real Estate.
Among a number of innovations and changes that the new legislation implies, the most significant is the termination of the issuance of a registration certificate.
Now there will be no evidence, and the fact that your property has been registered can only be confirmed by an extract from the Unified State Register of Real Estate.
At its core, the Unified State Register of Real Estate will be a combination of two previously existing authorities: the Unified State Register of Rights and the State Real Estate Cadastre.
What documents are needed to register a house?
Registration of a country house in the MFC is carried out in the presence of the following documents:
- statement about state registration of property rights (correctly completed);
- receipt for payment of state duty (original and copy);
- passport (for identification), if documents are submitted by a representative and not the property owner himself, a notarized power of attorney is required;
- cadastral passport for land and housing (two copies);
- declaration of real estate property.
Registration of a garden house with the MFC takes nine working days from the date the Center employee receives the application and the package of documents attached to it.
Step by step registration procedure
- Contact the BTI to prepare technical documentation for the building, which must be included in the unified register of real estate. It is prepared after specialists have examined the constructed building for compliance with the project and current building codes.
- Request from the city Archbureau to assign an address to the building, based on documents prepared at the BTI.
- Submit an application for cadastral registration to Rosreestr, MFC or Cadastral Chamber . Its submission must be accompanied by the necessary documentation.
There are 2 main types of country house placement:
- on country or garden land;
- on a plot with the right to erect a building.
Buildings on a summer cottage or garden plot . Here the house does not have to be registered and entered into the cadastral database. A country house can be registered by filling out a declaration, which indicates all the characteristics of the object. The simplified procedure is provided for by the dacha amnesty and applies only to dacha houses.
In the second case, not only can a separate building be erected, but permission is also given for running a subsidiary plot. At the same time, registration of ownership of a house is carried out in a completely different way. First of all, you will have to enter the existing property in the cadastral register, after which the owner will be given a technical passport, technical plan and cadastral passport for the house.
Stage 1. Collection of necessary documents
Today, many people prefer to build residential buildings for year-round living on summer cottages, not only because it is cheap, but also because it is much easier to register such a house as a property.
Much less paperwork will be required, and no approvals from authorities in the municipality are needed. This is especially true for those who register ownership of a house under a dacha amnesty.
Documents for registering a dacha:
- passport;
- receipt or check for payment of state duty;
- documents for the site;
- a special declaration for the simplified registration of ownership of a country house.
Documents for registering ownership of a residential building:
- a purchase and sale agreement or other document confirming the transfer of ownership to you;
- building permit;
- technical passport for the house;
- cadastral passport for the plot and all buildings;
- own passport;
- available administrative documents of local government bodies for renting a land plot;
- documents confirming land ownership;
- check or receipt for payment of state duty.
If the land was not registered with the relevant authority before construction work, then its registration will be carried out along with the house.
Stage 2. Contacting the registration service
This should be a division at the location of the house - Rosreestr or MFC.
What do you need?
First of all, you need to try to find some documents that would confirm the rights of the person living in the house. To do this, it is advisable to send a request to the archive and obtain the relevant information. If it is possible to obtain documents indicating that the house once belonged to relatives, then the registration procedure will be easier.
In addition to such documents, the following documents may also be required to register ownership of a house:
- extract or copies of the cadastral passport of the house;
- plan;
- passport of the applicant who wishes to register ownership of the house;
- application in the prescribed form;
- receipt of payment of state duty.
Witness testimony may also be required, according to which the applicant lived in this house for a fairly long period of time.
Registration of an ownerless house (abandoned or without an owner) on your own
It can also be registered. This can be done by the local administration in the area where the facility is located by submitting an application. To recognize ownership without an owner, the authority must go to court after a year has passed during which the person has not appeared.
Before you begin registering an ownerless property, you need to find out:
- is there an owner; is there any refusal;
- who owns the land;
- whether the property is owned by someone else.
If a house has been abandoned for fifteen years, it can be registered under acquisitive prescription. If the person carrying out the registration can confirm that he has owned the object in good faith and openly as his own for 15 years, then he will be able to go through the registration procedure and subsequently become its legal owner. Before receiving ownership of a house, a citizen who owns it as his own has the right to count on protection if third parties who are not the owners try to claim it.
Intermediary companies that help with registration. Is it worth applying?
If you fundamentally do not want to go to government agencies, collect documents, bother with land surveying and cadastral registration, take help from commercial organizations.
Today, finding a company that provides such services is not so difficult. The only thing that is required is to write a power of attorney to register ownership of the house with a notary public for a representative of such an organization.
Lawyer
Let’s assume that you are ready to submit documents to Rosreestr yourself, but you don’t know how to do this and what documents are needed in your particular case. I recommend that you contact the Pravoved company. This company provides legal consulting services via the Internet and even by telephone.
You don't even need to go anywhere. All you have to do is visit the website of the same name, write down your problem with details in the feedback form and wait for a response. If you pay a small amount, about 700 - 800 rubles, then you will be provided with a detailed answer with step-by-step instructions. General information is provided free of charge.
This will help you complete all the necessary steps yourself without spending money on the services of real estate lawyers. Read about this in our feature article.
Registration of property rights in the MFC: step-by-step instructions
- Start collecting the necessary documents. Variations depend on the type of property.
- Make an appointment or go to the nearest MFC branch and take an electronic queue coupon.
- Together with your employee, fill out an application for state cadastral registration of real estate.
- Pay the state fee at the MFC using the terminal.
- The specialist will issue a receipt confirming the acceptance of documents, using the number of which you can track the result of the application.
What documents are needed to register ownership of an apartment?
- Application for registration ()
- Original passport of the applicant if the person is under 14 years old - birth certificate
- Receipt - check for payment of state duty (payable on the spot)
- Grounds for starting the procedure (sale and purchase agreements, inheritance, donations, etc.)
If on your first visit to the center the package of documents is not complete, do not worry; you have the right to submit them separately.
Read also: Establishing paternity in court
Amount of state duty in 2020
In 2017-2018, when registering rights to real estate, individuals must pay a state fee in the amount of:
- For an apartment (house, dacha, estate, estate) - 2,000 rubles.
- A plot of land next to a residential building (share) - 100 rubles, land for farmland - 50 rubles, land for further construction of buildings on it - 350 rubles.
- Non-residential premises (office, warehouse, etc.) - 2,000 rub.
- Garage space - 500 rub.
- Re-issuance of an extract from the Unified State Register (USR) - 350 rubles
If you are entering into an inheritance, be prepared to separately pay 0.3% of the cadastral value of the property, but not more than 100 thousand rubles for close relatives, or 0.6% for third parties, not more than 1 million rubles.
Legal entities and organizations:
- Apartment (house, dacha, estate, estate) - 22 thousand rubles
- Land - 15 thousand rubles
- Industrial and non-residential premises - 22 thousand rubles
- Duplicate USRN (USRE) - 1 thousand rubles
How to register ownership of a country house?
A country house is a real estate property, the construction of which does not require the issuance of an appropriate permit and the receipt of a commissioning certificate.
The simplified procedure for registering ownership rights applies to the following types of buildings:
- residential buildings built on land provided for summer cottage farming and gardening;
- houses and cottages built on plots intended for individual housing construction;
- houses and cottages built on plots intended for farming and located within a populated area;
- other buildings for the construction of which a building permit is not required.
To register ownership of such a building, you must submit an application to the registration authority and attach the following package of documents:
- receipt of payment of state duty (2 copies);
- identification document (representatives of individuals additionally submit a notarized power of attorney);
- declaration on the real estate object indicating all the characteristics of the structure (in two copies). The declaration must be drawn up in a form approved by the Ministry of Economic Development and Trade. It is filled out by the owner and is not subject to agreement with other bodies or officials. When drawing up the document, you will need to indicate the type of object, its name, intended purpose, cadastral number of the site and technical description of the object.
- title documents for the plot within the boundaries of which the country house is located (certificate of ownership, lease agreement, etc.).
Thus, for persons who are members of non-profit associations, for example, summer residents, gardeners, gardeners, the opportunity has been left free of charge in a simplified manner until December 31, 2020 to register the right to a agricultural plot.
And here it is worth specifying that such a right is retained only in relation to a land plot under a set of conditions:
- formed from a plot that was provided to the named non-profit association or other organization on the basis of which such an association was created and organized, before the entry into force of the Land Code of the Russian Federation;
- by decision of the general meeting of such an association, the plot was distributed to a citizen who wished to register it as property;
- the site is in circulation , not localized in circulation, not reserved for state/municipal needs.
Citizens who delay registering property may find themselves in a situation where the plot is removed from circulation or is designated for use for state/municipal purposes.
In this case, they will only be able to acquire the right to lease such a plot without prior bidding, depriving them of the right to become owners. The rent will not exceed the cost of land tax on such a plot.
As for simplified procedures for real estate classified as individual housing development objects, on lands specifically intended for these purposes, the legislator extended the “loyalty regime” until 03/01/2018 .
Let me remind you that the fact of creating such an object is the authorization of its operation. As of now, the registration authority does not request permitting documents for the commissioning of an individual development project.
Features of land plot design
Registration of ownership of a land plot has some features. It is necessary first of all to obtain information about the owner of the land plot. In practice, there are very often cases when a land plot is municipal property. In this case, there is a need for its privatization. The privatization procedure is different.
In particular, to privatize a land plot it is necessary to go through the following procedure:
- carrying out land surveying and determining the boundaries of the land plot;
- submitting an application to the municipality;
- obtaining a decision on the possibility of privatization;
- submission of an application for state registration of ownership of a land plot.
It must be remembered that the relevant authorized body makes a decision on the possibility of privatization within 1 month from the date of submission of the application. And state registration of ownership of a land plot takes 5 working days.
If the land plot belongs by right of ownership to an individual or legal entity, then the above procedure is not required.
If, in addition to a residential building, there is other real estate (for example, a garage) located on the land plot, then the applicant must also go through the procedure of state registration of ownership of this property (read about the garage here).
Ownership of the house after purchase
So, how to register ownership of a house after purchase? In this case, a minimum package of documents will be required:
- Seller and buyer documents.
- Application for registration in the prescribed form.
- Sales agreement.
- Seller's certificate confirming ownership of the house.
- Receipt for payment of duty.
- Documents for the land plot , if it is sold together with the house.
With all these documents, you need to contact the local branch of Rosreestr, where, after checking them, they will make an entry in the Unified State Register and issue a certificate to the buyer. The registration period is usually about a month.
How to obtain a residential building as personal property
The legalization of a residential building on the site is carried out in stages.
Before registering ownership of a house, a citizen should contact the BTI for the production of two real estate passports: cadastral - for the erected structure, technical - for the entire land plot. Bureau specialists:
- go to the location of the house (together with the owner);
- carry out the necessary examination;
- prepare the required documents.
You must pay a state fee for the state’s service of registering the right to a house. This can be done through a bank operator or payment terminal. You must keep your receipt.
Then the homeowner goes to the Rosreestr branch located at the location of the land plot. The future owner will need the following documents for registration:
- real estate passports: technical + cadastral;
- civil passport of the homeowner;
- a receipt confirming payment of the fee to the state;
- land title document;
- title document (according to which the applicant received the plot as personal property: deed of gift, purchase or exchange agreement, etc.).
An application is submitted to Rosreestr with a request to obtain ownership of the house. The registration service performs the required service.
This is a basic, not complete, list of documents. Depending on the situation, additional paperwork may be required, such as a marriage certificate. In connection with the development of a network of multifunctional centers, homeowners have the opportunity to apply not directly to Rosreestr, but to act through the MFC.
Ownership of the house upon construction
To begin with, you will need documents for the site and a building permit - they are issued in advance, before the start of work, without them construction will be illegal. A permit is issued by the local authorities of the village or city on whose territory construction is planned.
The next step will be to obtain a cadastral passport . Previously, this document was sufficient for registration, but since 2020, permission to use the house for its intended purpose is also required. Commissioning is issued in the same place where the construction permit was issued. It will also be necessary to obtain technical documentation for the house from the BTI - this is usually done before commissioning.
After all the documents for the house and land have been collected, it is necessary to pay a fee and submit an application for registration of rights to Rosreestr. In the future, the procedure will be exactly the same as when making a purchase.
Decor
If there are no documents for the house, then, first of all, you need to put the residential property into operation, register with the cadastre and obtain a passport there. After receiving them, you can start preparing a package of documentation to confirm ownership of the house. It is worth mentioning right away that the volume of “papers” will vary, depending on the nature of the building. There is a serious difference in the registration procedure between a residential building and a dacha.
To register a residential building built on your own land , you will need the following documentation:
- Application for registration of the rights of the owner (of a residential property);
- Certificate of registration of rights to a land plot, issued by local self-government bodies;
- Identity documents;
- Those. and cadastral passports;
- Receipt for payment of the state duty (the amount is 2,000 rubles for individuals in accordance with clause 22 of Article 333.33 of the Tax Code of the Russian Federation);
- Power of attorney if your interests are represented by a third party (notarized);
To register a dacha if the land is owned:
- passport;
- certificate of registration of land plot or cadastral plan;
- a declaration is also attached to this documentation for simplified registration, since this is a dacha, not a residential building.
Download the Application for state registration of rights to real estate and transactions with it (individual) (82.0 KiB, 374 hits)
You can download the official Order of the Ministry of Economic Development approving application forms. And find the required form in it: Order on approval of application forms for state registration. real estate registration (1.2 MiB, 289 hits)
Please note: Sometimes there is no need to register a house in the cadastre if it is located in a dacha or garden area. Therefore, before registering, it is necessary to find out the direct purpose of the land plot on which the house stands.
After collecting the necessary documentation, it must be submitted to the state registration authority - MFC. Our staff will review the documents you provide. If they are insufficient, you will be notified and given a list of required “papers.”
Before the list of documents prepared for legal ownership of a house, it was mentioned that it is necessary to obtain a cadastral passport and register, this is done through the MFC. It takes about 9 days. If we consider it together with the registration of rights, it will take 12 calendar days. When registering only the owner's rights, it will take 5-7 days. Upon completion of registration, you will receive an SMS notification from the MFC. Also, after employees accept the documents, they issue a receipt of acceptance, the contents of which indicate the exact date of preparation of the final decision.
The receipt has an identification number with which you can monitor the progress of the submitted application.
Inherited house
Here the procedure will be simpler than when registering a building, but somewhat more complicated than when purchasing. This is due to the fact that you will have to:
- go through the inheritance procedure;
- obtain from a notary a certificate confirming the right to inheritance;
- sign an agreement on the division of the inheritance , or receive an officially issued refusal from the other heirs, if there are several heirs.
Only after this can you pay the fee and write an application to Rosreestr.
Registration of real estate received by inheritance
Let's look at one of the most common situations, namely the case of registering living space that was inherited.
Currently there are several types of inheritance:
- according to a will drawn up in advance;
- according to the current legislative order.
In both cases, the basic document that will testify to your rights is a certificate of the right to inheritance, drawn up in a notary’s office.
To obtain such a document, you must contact a notary no later than six months after the death of the testator.
Read also: How to apply for temporary registration through the MFC
After the notary has studied all the details of the case, and when he can make sure that there are no other heirs, a Certificate will be issued after six months from the date of death of the testator.
Documents for registering property rights by inheritance
After you have entered into the right of inheritance of an apartment, house, etc., you must visit the MFC in order to formalize them; the package of documents required for this is slightly different.
- Statement
- Your civil passport (heir)
- Certificate confirming the right to inheritance
- Cadastral, technical passport
- Receipt for payment of state duty.
Remember! Without proper registration, no actions will be available with this residential area (purchase, sale, donation, etc.)
The list of documentation that you will need may be unified depending on the type of real estate (check with a specialist).
