Sample application for acceleration of state registration

When submitting an application to Rosreestr, it is necessary to take into account all the nuances of this complex event. First of all, this is the application form and the rules for filling it out.

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It must be remembered that the application is included in the list of necessary documents for registering the right to real estate, therefore the outcome of the case depends on its correct completion and submission within the required time frame.

Form and content of the application, rules for drawing up

The legislator provides for a unified application form approved by the Order of the Ministry of Economic Development of the Russian Federation in 2020. Submission of the document is carried out personally by the applicant; it can be transmitted via postal services or in electronic format.

The contents of the application include the following information:

Table of contents, including the name of the document, indicating its compliance with the requirements of the Ministry of Economic Development.
Personal data of the applicant (donor), including passport details, information about the place of registration (residence), contacts for feedback.
Information about ownership, as well as a request to transfer ownership rights to another person.
Personal information about the person to whom proprietary rights are transferred.
The applicant must request a receipt confirming acceptance of the application for consideration.
List of attached documentation.

When drawing up the document, you must take into account all legal requirements. Since the application has a unified form, the applicant will have to indicate in it only the data required by the content of the document. All information indicated in the document must be current and truthful. If errors, inaccuracies or false information are identified, the application will be rejected.

Application from the donor and the donee, sample and form Rosreestr

The official application form can be viewed on the Rosreestr website and obtained from a notary, realtor and other specialists related to the transaction. The application has a prescribed form, and it must be filled out taking into account all the recommendations of the legislator.

The donation application is completed in triplicate in writing. It is acceptable to write the contract by hand. When drawing up a document, you need to consider the following points:

documentary evidence of ownership rights to the donor;
written consent of the donee to transfer the property to his side;
confirmation of the absence of debts and encumbrances;
a medical certificate confirming the legal capacity of both parties;
an indication of who exactly will bear the costs of registering the deed of gift;
personal details of the parties to the transaction.

You can view and download the current application form on our website. ⇐

List of other documents and where to get the necessary certificates and forms

Before going to the Cadastral Chamber or MFC, the user must first prepare a package of accompanying documentation . The list of papers is standard in most cases and includes the following documents:

payment document certifying payment of the duty fee;
ID card of the donor and the recipient (passport). If guardians, trustees and other trusted persons are involved in the transaction, you will need to provide their personal information;
marriage certificate and marriage contract (if necessary);
an application for donation written by both parties to the process;
a gift agreement, drawn up and completed taking into account all legislative recommendations;
paper confirming the donor's ownership rights to the property (apartment purchase and sale agreement, privatization act, heir certificate, etc.);
a certificate from the housing office confirming that there are no debts for utilities;
data confirming the absence of any encumbrances on the premises. If there are any, in addition to completing the transaction, the written consent of a third party (creditor) or a paper confirming the removal of the encumbrance and its repayment will be required;
cadastral passport and cadastral valuation data.

As for the cadastral valuation data, this document is ordered from the BTI. There you can also get an extract about citizens registered in the living space. In addition, this paper is also issued at the passport office.

This is important to know: Recognition of ownership of ownerless real estate

If the gift agreement is accompanied by any additional agreements, then they must be drawn up in accordance with the current requirements of the law and institutions that record additional agreements.

Sample gift agreement on the Rosreestr website

Donation of real estate is accompanied by the need to write a corresponding application.

Please note that an agreement in this format is optional for subsequent notarization. However, experts recommend affixing a notary visa, since in this situation it will be impossible to challenge it, and the recipient will protect his interests as much as possible.

The gift agreement is drawn up exclusively in writing, and when drawing it up, the requirements of Article 574 of the Civil Code of the Russian Federation should be taken into account.

The donation agreement form can be downloaded right here or obtained from a notary or realtor.

There is no such form on the official website of Rosreestr yet!

State fee for an application for state registration of transfer of rights

In accordance with the general rules approved by Article 17 of Federal Law No. 218, all registration actions regarding rights to real estate (non-residential property) are subject to duties. It must be taken into account that when transferring rights, both parties submit applications, therefore, the state. The fee is paid by all participants in the process.

The amount of the duty fee is fixed and in 2020 is:

2 thousand rubles – for individuals;
22 thousand rubles – for companies and organizations, legal entities.

Residents can take advantage of the opportunity to reduce their expenses. If physical the person submits the application and the necessary documentation package in electronic form, and is guaranteed a 30% discount on the payment of the duty fee. This feature is available to all users until the beginning of 2020.

What is accelerated registration of ownership of an apartment?

Sometimes, for some reason, it is necessary to carry out a transaction with housing space as quickly as possible. The law establishes the possibility of Rosreestr reviewing transaction documents in an expedited manner.

Good to know! Currently, there is only one way to carry out accelerated registration of a transaction - when it is certified by a notary.

The difference between accelerated registration and standard registration

With accelerated registration, the time frame for obtaining rights to living space can range from one to three working days. Whereas with downtime they usually range from nine to twelve working days.

The fact is that when you receive a set of documents for registration of rights to an apartment, the state registrar carefully checks all the submitted documents, studies the agreement, that is, carries out a legal examination of the “purity” of the transaction.

Lawyers advise! If you contact a notary, he himself checks all the documents of both the parties to the transaction and the subject of the transaction, and draws up an agreement. Therefore, the registrar no longer needs to re-check; he only registers the transfer of the right to the apartment. That is why the registration time is much shorter than with standard registration.

How to apply for accelerated registration?

If you want to speed up the processing time, you need to contact a notary to certify the transaction with the apartment. In this case, you must provide the notary with the package of documents that you will subsequently submit for registration. The notary will check all documents.

After drawing up the contract with a notary, you, as in the standard procedure, contact Rosreestr or the MFC.

The expedited registration deadlines also vary depending on where you apply:

if you submit a notarized contract directly to Rosreestr, the processing time will be three working days ;
if you take the documents to the MFC, the processing will take five working days;
if the application and documents of the notary transaction are sent electronically, then everything will be completed in one business day . In this case, the enhanced electronic signature is false.

Good to know! Also, for an additional fee, it is possible to submit documents directly by a notary on your own behalf in your interests. In this case, you will need to visit the notary twice: on the first visit, sign the agreement, and on the second, pick up the already completed documents.

Cost of this registration

With the expedited procedure, you will need to pay a notary fee for certifying the transaction. Its size is 0.5 percent of the cadastral value of the apartment, but not less than 300 and not more than 20,000 rubles.

If the property is donated or sold by close relatives, the notary fee will be 0.3 percent of the cadastral value of the gift.

In addition, you will need to pay the notary for the provision of legal and technical services (LTC) - for consultation, development of a draft agreement, printing, etc. The amount of these services varies in different regions, so you need to check it with the notary you plan to contact.

If you want a notary to submit documents for registration to Rosreestr for you, the fee for this service will be 1,000 rubles. But there may also be additional payments for PTC services.

Let's celebrate! The period for state registration of rights to an apartment ranges from 7 to 12 working days. With the standard procedure, material costs will be small. Sometimes when making a transaction, the time frame within which the transaction will be completed is very important.

Application for state registration of transfer of ownership

When becoming the owner of real estate, the new owner needs to register the fact of transfer of ownership. This need arises regardless of how the right was acquired: as a result of concluding a purchase and sale agreement, donation, inheritance of housing, a court decision, or in any other way. The procedure begins with the submission of an appropriate application to Rosreestr, on the basis of which changes will be made to the Unified State Register of Real Estate (USRN).

Application to Rosreestr

Hello, dear Elena! In this case, you have the right to demand from the seller (owner) of the housing in court, on the basis of the provisions of the Code of Civil Procedure of the Russian Federation, to appeal this restriction of rights to this housing. Or you are looking for another residential premises, enter into a purchase and sale agreement and again submit the necessary application to the Pension Fund regarding the allocation of maternity capital to you to improve your living conditions in accordance with the provisions of Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support families with children." Good luck to you. From the information presented, I can draw a preliminary conclusion that you need a court decision, which would either indicate that Rosreestr is obliged to carry out registration actions and register ownership, or a court decision recognizing your ownership of this property. To implement either one or the other option, you will have to go to court again.

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How to write an application for state registration of transfer of ownership

Mandatory state registration of the transfer of ownership in relation to real estate is enshrined in Art. 131 clause 1 of the Civil Code of the Russian Federation, and the procedure for its implementation by Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”. To carry out the procedure, the Ministry of Economic Development of the Russian Federation has developed a unified application form for state registration of the transfer of ownership, which is intended to be filled out by both individuals and legal entities. Its form, as well as the requirements for completion, were approved by Order No. 920 of December 8, 2015.

Contents of the document

An application for state registration is a kind of request and instruction to carry out registration actions and enter updated information into the Unified State Register of Real Estate. The document itself reflects the following information:

The type and characteristics of real estate (address, area, cadastral number) in relation to which certain actions must be taken.
Required registration actions (in this case, transfer of ownership).
Information about the copyright holder (if necessary, also his representative), including his SNILS and telephone number.
Grounds for the emergence of property rights
List of documents to be submitted and method of submission.
Method for receiving documents after completion of the procedure.
Applicant's signature with transcript.

Filling Features

When filling out the document, you need to consider the following features:

Possibility of submission in paper and electronic form. The latter option is only available with an enhanced electronic signature. In addition, you need to attach the necessary papers in PDF format (visually identical to the originals).
If you need to select information, the desired option is marked with a “V”.
When submitted in paper form, the serial number and total number of sheets are indicated on each sheet.
For all information provided, you must provide the documents on the basis of which the information was entered.
In detail 10 about the method of receiving documents, it is recommended to use the item “Also by email address”, regardless of the other options selected. In case of suspension or refusal of state registration, the applicant will be sent a corresponding notification to the specified e-mail. This will be much faster than visiting the registrar in person or waiting for an email notification, and it will be possible to quickly correct identified errors.
When submitting in person, detail 13 with a description of the attached documents may not be filled out, but it is important to make sure that it is reflected in the receipt, which is issued as confirmation of receipt of the papers.
A separate application is submitted for each property.
All information is entered in Russian; corrections and the use of correction fluid are not allowed.
To personally contact the registration authority, a citizen must have an identification document with him, and the representative must also have a notarized power of attorney.

Where to find the application form for termination of ownership

As stated above, application forms for registration of property rights were approved by Order No. 920. Based on the forms approved by the same order, applications for carrying out other registration actions with real estate objects are also drawn up. In particular, this form must be filled out for state registration of termination of the right to real estate.

IMPORTANT! The choice of form from 01/01/2017 no longer depends on the category of the right holder (individual, legal entity or government agency), since the unified form is now common to all specified entities.

The application for termination of ownership rights is filled out in a manner similar to the application for state registration of rights. Only in detail 6 “In terms of state registration of rights to carry out registration,” the corresponding item is checked.

All necessary explanations for filling out such an application (including depending on the method of submitting it to the registration authority) are set out in the Requirements for filling out application forms (Appendix 4 to Order No. 920).

You can find all the necessary application forms on the Rosreestr website. There is also a list of documents necessary for registering the right of ownership (we recommend that you read our other article on this topic - Documents for registering ownership of an apartment).

Sample application for transfer of ownership

In practice, a common option is for the application form to be issued on the spot. In addition, in Rosreestr authorities it is usually filled out by the employee himself based on the documents provided by the applicant. Even if you come with a ready-made copy, the specialist will enter the data into a specialized program, which will ultimately generate a similar document where the applicant needs to sign. In addition, entering information into the program is necessary to issue a receipt for acceptance of documents for state registration.

When sending by mail, you can use the sample application for transfer of ownership presented below to fill out. The main thing is to carefully enter the information, avoiding mistakes and corrections.

Attached documents

The package of attached documentation may differ depending on the specifics of the transaction and the status of its participants. In general, you will need:

Applicants' passports (original and copies) as confirmation of the identity of citizens who apply for the service.
The basis document for the transfer of ownership (donation agreement, purchase and sale agreement, certificate of inheritance, etc.).
Title documents for the object from the previous owner (seller, donor, testator, etc.).
Cadastral passport.
Insurance certificate of pension insurance (SNILS).
Receipt of payment of state duty (optional).

This is important to know: Certificate of ownership of residential premises in Moscow

In addition, in some cases you must provide:

Notarized power of attorney (if the interests of the applicant are represented by a trusted person).
Consent of the second spouse to purchase/sell an apartment (if the object of the transaction is jointly acquired property).
Permission from the guardianship and trusteeship authorities (for transactions involving minor owners).
Waiver of the pre-emptive right to purchase (if the object of the transaction is a room in a communal apartment or a share in an apartment).

Procedure and rules for submitting an application

The transfer of ownership is registered on the basis of an application from the copyright holder, parties to the transaction or legal representatives. If such a need arises as a result of the alienation of real estate (under a purchase and sale agreement, gift, etc.), a request for state registration of this fact is submitted by both parties to the agreement. If you evade the procedure of one of them, the transfer of rights will be registered following the results of a trial initiated by the second party.

If the form itself can be filled out in advance (although this is not necessary), then the signature should be placed only in the presence of an employee of the registration authority (Rosreestr, MFC).

The submission process includes several sequential stages:

Submission of the application, accompanying documents and their initial verification.
Check in Rosreestr for compliance of submitted papers with standards and norms, reliability of information and absence of errors.
Making changes to the USRN database (provided there are no violations).
Issuance of documentary evidence to the applicant - an extract from the Unified State Register.

The only basis for refusal immediately at the time of submission of the application will be the inability to establish the identity of the applicant, including his refusal to present the relevant document. In all other cases there are no grounds for refusal of admission. To confirm the fact of acceptance, a receipt is issued indicating the date when registration actions will be completed and the applicant will be able to receive documentary evidence and originals of the submitted papers.

Submission methods

Registration actions for the transfer of ownership are carried out by Rosreestr (Reg Chamber). You can submit an application to the registrar in one of the following ways:

Through MFC. In most cases, this is the only and most convenient way to apply. Due to the widespread availability of offices, you can choose the option that suits your location. At the same time, MFCs act as an intermediary between applicants and Rosreestr, which is the main disadvantage - the waiting period for registration increases by a couple of days due to the redirection of documentation to Rosreestr.
Through the territorial representative office of Rosreestr. This opportunity is available only in cities where MFC offices do not yet operate. To make an appointment, you can use a special service on the official Rosreestr portal.
Mailing. In this case, it is necessary to fulfill the following conditions: notarize the real estate transaction itself, as well as the authenticity of the applicant’s signature or a power of attorney to confirm the authority of the representative. The shipment should be sent by registered mail with a list of attachments, keeping the shipping receipt in order to have proof of sending certain papers.
Online. The official website of Rosreestr and the State Services portal provide the opportunity to submit an application for state registration of rights to real estate in electronic form. This option can only be used if you have an electronic digital signature.
Through a notary. For transactions that are subject to notarization (as required by law or on the personal initiative of the participants), a notary has the right to submit an application. Documents must be sent electronically directly on the day of contacting the notary, and if this is not possible, within 2 days in paper form. Thus, you can count on a shorter registration period, since the notary will check all the submitted information, which means that Rosreestr employees will have less work to do. In addition, from February 1, 2019, the service is provided at no additional charge, since its cost is included in the payment for the transaction certificate.
On-site service. The option is currently available only for disabled people of groups 1-2 and participants of the Second World War with the appropriate supporting certificates. order a free specialist visit by email, phone or personal visit to the territorial office of Rosreestr.

Deadlines

The timing of registration will depend on the method and to which body the application is submitted (Article 16 of Law No. FZ-219):

Sample complaint to Rosreestr against the actions of the state registrar

On the one hand, it's convenient. You came, took a ticket, waited in line, handed in your documents, come and receive your registered, ready-made documents within the specified time frame. But it was not there! What are the consequences of applying to Rosreestr through the MFC? Let's find out in this article. Why is Rosreestr needed? Among them is the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate,” which will come into force on January 1, 2020 (hereinafter referred to as the new registration law). The norms of the Civil Code of the Russian Federation regarding the recognition of an object as an unauthorized construction have also been changed (the changes have already entered into force on September 1). In addition, the procedure for registering rights to real estate without the participation of the copyright holder (at the request of an authorized government agency) was clarified - the new rules will begin to apply from December 1 of this year.

21 Dec 2020 marketur 297

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State duty and payment procedure

A mandatory condition for carrying out registration actions regarding rights to real estate is the payment of the state fee. Its size is approved by Art. 333.33 part 1 clause 22 of the Tax Code of the Russian Federation, depending on the status of the applicant:

2000 rub. – for an individual;
22000 rub. – for a legal entity.

When submitting documents electronically (for example, through the State Services portal) and paying the state fee by non-cash method, individuals can receive a 30% discount (Article 333.35, clause 4 of the Tax Code of the Russian Federation), that is, the amount will be 1,400 rubles. The preliminary discount will be valid until January 1, 2021.

This is important to know: Features of the division of land

The costs of paying the state duty are borne by the person to whom the right to the property is transferred. In this case, the total amount for each applicant will be adjusted under different conditions of the transaction:

If several persons apply, it is divided in equal shares among all applicants.
When registering a share in common property (for purchase and sale transactions, donation, exchange) - it is calculated in proportion to the size of the share.
When registering a share in common property (based on inheritance by law), it is paid in full.

Payment must be made no later than 5 days from the date of application. It is not necessary to provide a receipt (but it is still recommended to save it) (Article 18, paragraph 7 of Law No. 218-FZ), since the necessary information will be reflected in the State Information System on state and municipal payments. In the absence of such documents will be returned to the applicant without consideration.

In case of refusal to register the transfer of ownership after payment of the state duty, the latter is not subject to return (Article 333.40, paragraph 4 of the Tax Code of the Russian Federation). If you apply again for the same property, you will have to pay the fee again in full.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Where can I complain about Rosreestr?

Important! If the applicant’s appeal was not initially sent to the registration chamber, but was immediately received by the prosecutor’s office, then prosecutors within 7 days have the right to forward the complaint to the Rosreestr department to receive a response from the competent authority. Rule of law Contents Law No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” Procedure and terms for considering complaints and appeals Resolution No. 457 of 06/01/2009 “On the Federal Service for State Registration, Cadastre and Cartography” Responsibilities of Rosreestr employees Law No. 210- Federal Law “On the organization of the provision of state and municipal services” Requirements for filing an application, as well as its consideration Law No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” The procedure for considering complaints (appeals) for violations of the law

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