Rosreestr suspension

Suspension of registration of ownership of real estate

According to paragraph 1 of Article 131, the Law on Real Estate Registration assigns the obligation to Russians to carry out registration actions in cases of the emergence, transition, termination and limitation of property rights in relation to real estate. Within the framework of this law, in addition to the right of ownership of living space, transactions regarding the right of economic management, management, inheritable possession and permanent use are subject to mandatory accounting.

Note!

Mortgage transactions must also be registered. According to paragraph 1 of Article 10 of the Law on Mortgage of Real Estate, the failure to register a mortgage agreement is grounds for recognizing its nullity.

The Law on State Registration of Real Estate provides for two conditions for suspending registration of rights: by decision of an authority and by application.

Grounds for suspension of registration of property rights

The basis for suspending the registration of property rights implies the presence of existing circumstances indicating the impossibility of carrying out this process within the framework of current legislation.

Most often, the registration certificate is suspended for the following reasons:

• unreliable information in the submitted documentation or their incorrect execution;
• lack of response to a request when sending a corresponding letter to interdepartmental bodies.

When considering each individual case, the state registrar reviews all submitted documents and determines their suitability for issuing a registration certificate.

Registration will be suspended for the following reasons:

• incorrect indication of the applicant’s personal data (last name, first name, patronymic);
• making a mistake when writing the address of the property and incorrectly indicating the total area;
• seizure by bailiffs upon appropriate court decision;
• circumstances of a different nature.

Before directly submitting the full package of necessary documents, you need to pay special attention to the above aspects, as they may cause a suspension of the process of registering personal property.

The grounds for carrying out the procedure are also of a legislative nature:

• insufficient information to carry out state registration for the relevant type of real estate;
• re-registration of the procedure when several persons apply for a registration certificate;
• suspension of the registration process on the part of the applicant in the event of unforeseen circumstances;
• the object of registration has an official and legal owner;
• the applicant for registration, after submitting the required package of documents, is under arrest in court or under temporary encumbrance for a number of reasons.

The process of suspending the registration of a right is a fairly rare occurrence, since employees of executive bodies carefully study the submitted documentation and point out shortcomings even before the start of registration

.At the same time, the current legislation of the Russian Federation provides for the possibility of suspending the process of issuing a registration certificate if there are clear grounds that are a legal provision.

Reasons for suspension of registration of property rights and periods of suspension

The grounds for stopping the registration of rights by state bodies are enshrined in Article 26 of the Law. According to it, it is possible to stop registration actions if the applicant does not have the right to carry out actions to register a property, or the authorities have data on property rights that contradict the submitted documents.

Also, termination of registration actions will be applied if an incomplete set of documents is submitted, false papers are submitted or the information is unreliable, or the signatory did not have the right to endorse the application or certify the authenticity.

Note!

The registering authority will not be able to register real estate if the documents submitted by the applicant do not comply with the approved forms.

Accounting will be suspended if the requested documents for interdepartmental communication are missing or not received for other reasons.

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According to subparagraph 11 of paragraph 1 of Article 26 of the Law, it is impossible to carry out registration actions on an object if documents in relation to the same object were previously submitted, but the decision to refuse or register the right to the first set was not made.

Some cases of suspension arise in cases of registration of land ownership. According to subparagraph 20 of paragraph 1 of Article 26, the state authority does not have the opportunity to register the right to land if the territory of the registered plot intersects with someone else's land. Also, persons whose land territories occupy the boundaries of forestry areas and parks will not be able to legitimize their property.

Note!

It is impossible to register real estate built on lands not intended for development. If an apartment is purchased in a house built on land for agricultural purposes, the registrar will not be able to take into account the ownership.

It is impossible to register title to a premises that is not isolated. For example, Ivanov and his ex-wife have a studio apartment in which there is not a single wall except the bathroom. Ivanov wants to design the space from the sofa to the bed, calling it an office. The government agency will not be able to register this property. The situation is different with communal apartments - they have allocated rooms. An exception to the isolation of spaces is parking areas.

In addition, the registrar will stop registering real estate if the apartments in common shared ownership were not sold to the second owner and the set of submitted documents contains a refusal to purchase part of the property by the second owner.

Note!

It is impossible to register ownership of a property that belongs to persons participating in the bankruptcy process.

Also, actions to register living space will be suspended if Rosreestr receives requests from construction control authorities about the developer taking actions against shareholders that are contrary to the terms of the contract.

Features of suspension of state registration of mortgages

Registration of a mortgage will be suspended if the mortgage is carried out in violation of the provisions of the Code regulating civil relations. Rosreestr will not carry out registration actions with a mortgaged property if there is no joint consent of the lender to carry out registration.

Also, Rosreestr will not be able to record the right to real estate if a judicial foreclosure is underway in relation to the mortgaged property or an apartment has been seized as an interim measure for debt repayment.

Suspension of state registration of rights by the copyright holder and its terms

At the request of the copyright holder, Rosreestr may stop registration actions.

Note!

To stop registration actions, you must submit an application to the government agency indicating the reasons and timing of the suspension. Such an application can be submitted once. And the period of suspension cannot exceed six months.

If the property is pledged to a credit institution, then, based on paragraph 4 of Article 30, the registrar will require the written consent of the pledgee. But it is impossible to suspend registration at the request of one party to the mortgage agreement. This means that neither the bank nor the debtor can apply to Rosreestr to suspend the registration of a transaction without mutual consent.

We eliminate the reasons for the suspension of registration of property rights

From the moment when the applicant receives a notification document about the suspension of registration of the right, he must eliminate all existing reasons for the suspension.

In this regard, all subsequent actions of the applicant will depend on these reasons. Let's consider this issue in more detail:

1. If the reason for suspending the registration of a right is an incomplete documentary package, then it is simply necessary to supplement it with the missing papers. The main thing in this matter is compliance with the thirty-day deadline. But in the case when the applicant does not submit the required document, then the Rosreestr employee refuses further registration.
2. In the event that the suspension of registration of the right to real estate occurred due to an error in the documents (for example, if the full name and addresses of the persons involved in the transaction are incorrectly indicated in the application), then the applicant must simply correct his application. After this, registration will continue safely.
3. In the case when the property is seized, then this fact is the main argument in suspending the registration process. To check this, the applicant must request an extract from the Unified State Register of Real Estate. If the reason for suspension of registration is the arrest of real estate, then in order to continue registration it is necessary to eliminate the reason for the arrest: pay the debt amount, or repay the tax debt. In this case, the court will lift the arrest and registration will resume.

Deadlines for renewal of state registration

Rosreestr will be able to continue the registration procedure after eliminating the reasons for the stop. In this case, the maximum period of suspension of registration cannot exceed 3 months for cases of incorrect submission and completion of documents.

Note!

If the registration process was stopped due to the lack of documents requested as part of the interdepartmental exchange, then the maximum period for resuming registration actions is one month.

When there is a legal dispute regarding a mortgaged property, Rosreestr does not carry out registration until the court decision enters into legal force. If documents confirming the refusal to acquire part of the property share by the second owner have not been submitted, then registration is suspended for a month, during which a written refusal must be submitted.

In cases where the owner has submitted a request to the registration authority to stop registration actions, the resumption of registration actions is 6 months.

Deadlines for renewal of state registration

Article 26 of the federal law on “State Registration” of July 13, 2020 (Federal Law No. 218) provides for the renewal of registration of property rights when considering the following cases:

• provision of the necessary documents upon expiration of the period no later than 3 months;
• resolving a controversial issue in court and obtaining an appropriate decision on the judicial proceedings under consideration;
• submission of the necessary document or receipt of a request from an interdepartmental organization provides for the resumption of the procedure no later than 1 month;
• obtaining the appropriate court decision or the necessary act in the presence of any encumbrance;
• writing a corresponding application by the property owner for further resumption of the procedure.