- How can you contact the MFC at a location other than your place of registration?
- What services can be obtained at any MFC
- Territorial and extraterritorial principle of applying to the MFC
- Terms and costs for extraterritorial circulation
Restoring a passport after theft or loss at the MFC and State Services
Registration of a new passport upon reaching the age of 45 years at the MFC
Sometimes it becomes necessary to contact Multifunctional Centers (MFCs) other than your place of registration, so it is better to clarify in advance what you can do in this case. Since January 2020, the list of services provided to the population through the MFC has expanded significantly.
However, the adopted Federal Law is being implemented gradually according to the approved schedule, so in each region it is necessary to clarify what services are available regardless of the citizen’s registration at the place of residence. Find your nearest center in our directory.
In what cases is registration of property rights required?
The most common cases when registration of ownership
for an apartment: purchase (Article 551, 558 of the Civil Code of the Russian Federation), exchange (exchange) (Article 567 of the Civil Code of the Russian Federation), donation (clause 3 of Article 574 of the Civil Code of the Russian Federation), inheritance. In these cases, state registration of both the transaction itself and the rights under this transaction is carried out.
Transactions are subject to registration
with contracts:
for the sale of a residential building, apartment or parts thereof, enterprise (clause 2 of Article 558 and clause 3 of Article 560 of the Civil Code);
donations (clause 3 of article 574 of the Civil Code);
rent (Article 584 of the Civil Code);
lifelong maintenance with dependents (Article 601 of the Civil Code);
rental of real estate (clause 2 of article 609 and clause 2 of article 651 of the Civil Code);
lease of an enterprise and transfer of real estate to trust management (clause 2 of Article 658 and clause 2 of Article 1017 of the Civil Code).
State registration is not required for contracts:
rental of residential premises - commercial or social;
free use of real estate (with the exception of use of land plots for a period of more than 1 year);
rental of buildings and structures for a period of less than 1 year.
Documents for registering ownership of an apartment
To register ownership rights, title documents and cadastral and technical passports of the apartment are required.
Documents for registration under a gift
or
purchase and sale
:
a check confirming payment of the state duty;
the corresponding agreement in 2 copies;
passports of applicants or representatives;
if registration is through a representative, a power of attorney is required;
application for registration of rights (from the person to whom the property is given, or the buyer);
application for registration of transfer of rights (from the person who gives or sells property);
a document that confirms the ownership of the person giving or selling the property;
if necessary, consent of the owner of state or municipal property;
if the spouse does not have rights to property, a document is needed to confirm it (for example, a marriage contract, a court decision);
if there are several owners, their notarized consent to the sale or transfer under a gift agreement is required;
if one of the owners is incapacitated or under 14 years of age, permission from the guardianship and trusteeship authority is required;
if there was a redevelopment of the premises:
application for state cadastral registration of changes, signed by the owner;
technical passport of the apartment from the Bureau of Technical Inventory (BTI);
either party fills out an application for registration of a mortgage;
the mortgage note and those documents that are listed in the mortgage note as attachments;
if one of the parties is a legal entity:
a document confirming the authority of a representative of a legal entity;
Registration of ownership rights is carried out only for a finished apartment on the primary or secondary market. In the primary market, when a house is commissioned, a package of documents is usually prepared by the developer. Registration of ownership rights to new apartments can be handled by the developer or the buyer.
An apartment in a building under construction can only have a registration of claims. It is registered when drawing up a share participation agreement of a DDU or an agreement for the assignment of rights of claim under a DDU. This is done by the developer or shareholder.
Documents for registration when entering into inheritance
:
application for registration of rights;
passport of the applicant or his representative;
if registration occurs through a representative, a power of attorney is required;
certificate of inheritance;
if available, attach an agreement on the division of inheritance in 2 copies;
a document confirming the authority of the representative of the legal entity;
Rosreestr can notify free of charge about the results of registration actions (return of documents without consideration, refusal, suspension or completion of registration). To do this, indicate your email or mobile number in the registration application. Other sample documents can be viewed here.
List of documents required for registration of property rights in Rosreestr
The owner of the property acquires the right to dispose of real estate from the moment he takes ownership of it. Without registering his rights in Rosreestr, a citizen cannot enter into sales transactions, donate or transfer an object by will, despite the fact that he actually owns it. Disposal of property without registration of ownership of it is considered illegal and is subject to the imposition of legally established sanctions. We suggest you figure out how to submit documents to the Rosreestr office for registration of property rights in order to simplify the registration process as much as possible.
- Owner's ID. This can be a passport of a citizen of the Russian Federation or a foreign passport of a foreign citizen. You will also need a TIN.
- A document explaining how the property became the property of the current owner: a purchase and sale agreement in the case of secondary housing, a shared construction agreement for new buildings, a deed of gift, a will or other paper permitted by law.
- Technical documentation for the facility is a technical plan and a cadastre passport.
- A certificate from the house register with data on people registered in a given living space is valid for a week.
- An extract from the personal account confirming that there are no debts for utility bills.
- Written application from the owner.
- A document confirming payment of the state duty. The amount of state duty is fixed and amounts to 2000 rubles.
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How to register ownership of an apartment
Submit your application and all supporting documents:
in person to Rosreestr or the cadastral chamber
through the Multifunctional Center of the MFC of your region. Documents can be submitted to the MFC even in another city, not necessarily at the location of the apartment.
by mail to the address of Rosreestr or MFC.
ordering outdoor service.
The employee issues a receipt for receipt of documents for state registration.
Waiting for registration to complete. The receipt states the registration period (5-12 working days) and the registration case number. You can use the number to find out information about the registration process. The registration period may increase by 2-4 days if you submitted documents through the MFC (delivery of documents to the registration authority and back to the MFC for issue is included).
Come on time or when you receive a notification that you are ready, pick up all your documents. The date of state registration coincides with the date of amendments to the Unified State Register.
You can now register rights to real estate in another region
To receive documents for registration of rights on an extraterritorial basis, separate offices have been allocated in each constituent entity of Russia. In Irkutsk, you can submit an application at the reception point of the branch of the Federal Cadastral Chamber at the address: st. Chekhova, 22. Also, applications for registration of ownership of real estate located in another region are accepted at the branch offices in four more cities in the region - Angarsk, Shelekhov, Slyudyanka and Nizhneudinsk.
– Residents of the region can significantly save their time if they pre-book an appointment with a Cadastral Chamber specialist via the Internet. For this purpose, on the official website of Rosreestr (www.rosreestr.ru) there is a “Personal Account of the Copyright Holder”. The service was launched by the department in early January. To enter your personal account, you must have an account on the Unified Portal of State and Municipal Services (www.gosuslugi.ru). After authorization and filling out a simple form in the “Offices and Receptions” section, the applicant has the opportunity to choose a date and time of visit that is convenient for him,” says Marina Gerasimenko, head of the department for ensuring the maintenance of the Unified State Register of Real Estate of the branch of the Federal Cadastral Chamber for the Irkutsk Region.
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Suspension of state registration of rights
The registrar has the legal right to suspend registration; the grounds for this are stated in Article 26 of Federal Law-218.
The most common reasons for suspension of registration of a right:
not all documents are presented;
documents with false information or do not comply with the law;
the apartment is under arrest or there is a ban on certain actions;
contradictions between already registered and declared rights;
contradictions between information about the apartment in the provided documents and in the Unified State Register of Real Estate;
Expert opinion
Mikhailov Vladislav Igorevich
Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.
The reasons can be eliminated and then registration can be resumed. In this case, the deadline begins to count again. If, after the suspension, registration is refused, the transaction (for example, the purchase and sale of an apartment) is considered invalid.
You can suspend or completely terminate registration at the request of the parties to the transaction.
On the Rosreestr website you can order an extract from the Unified State Register of Real Estate to check the documents for the apartment.
Who and what to prove ownership of an apartment
Certificates of state registration of rights are not currently issued. Rights are confirmed only by the presence of a record of this in the Unified State Register of Real Estate. The entry is confirmed by an extract from the register.
Who needs such an extract and why: if the apartment is not registered, it cannot be sold, bequeathed or donated.
Ownership of an apartment is useful in all cases when you need to prove that the property belongs to you. For example, it may be requested by the management company for absentee voting at a general meeting - so that there is confirmation that important issues are decided by the owner.
Rosreestr is it possible to register property rights in another region?
The new law is aimed, first of all, at simplifying the registration of ownership of an object subject to cadastral registration. One of the changes will be the formation of the Unified State Register of Real Estate, which will be maintained in electronic form and will allow combining the information currently contained in the real estate cadastre and the Unified State Register of Real Estate, thereby facilitating the process of submitting documents for citizens.
Instead, owners of square meters, acres and hectares will receive an extract from the Unified State Register of Real Estate (USRN) in Rosreestr. Innovations also include the creation of a state register database in electronic form, which will reduce the risk of fraud, protect the property rights of Russians and the security of registered data.
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Dictionary on the topic
EGRP (Unified State Register of Rights to Real Estate)
– electronic database, created on January 31, 1998, is administered by Rosreestr. Previously, this function was performed by the BTI Bureau of Technical Inventory.
Contains information about valid and terminated rights to real estate, data on copyright holders and encumbrances of rights, administrative and technical parameters about real estate (addresses, area, purpose).
EGRN (Unified State Register of Real Estate)
– Unified State Register, merged since 2020 with the database of the State Real Estate Cadastre of the State Property Committee. Here you can submit one application for two operations: registration of rights and cadastral registration.
Rosreestr (Federal Service for State Registration, Cadastre and Cartography)
– parent organization of federal significance. It has territorial bodies in the constituent entities of Russia in the form of Directorates of Rosreestr (UFRS) and branch offices of the Cadastral Chamber (FKP Rosreestr).
UFRS (Office of the Federal Registration Service)
= Office of the Federal Service for State Registration, Cadastre and Cartography = Office of Rosreestr (territorial office). Such organizations determine the procedure for registering ownership of an apartment, the procedure for recording technical data about the apartment in the State Real Estate Cadastre (GKN).
FKP (Federal Cadastral Chamber)
– structural division of the Federal Registration Service. Responsible for registering rights and transactions with real estate, maintaining cadastral records, making entries in the Unified State Register and the State Property Committee.
Answers to frequently asked questions about registering rights on the Rosreestr website
Management companies sometimes require confirmation that a given person is the owner of an apartment in a managed building. This confirmation at the moment is an extract from the Unified State Register of Real Estate.
In the 1C: Accounting program for housing and communal services management companies, homeowners' associations and housing cooperatives, it is convenient to work with personal accounts and owners, store characteristics of buildings and premises, and conduct voting. You can display details of documents confirming the ownership rights of voting participants.
Read more about the possibilities of programs for housing and communal services here.
Issues of real estate registration are enshrined in the provisions of Federal Law No. 218-FZ. According to the law, ownership rights arise from the moment the data is entered into the general state register.
The fact of registration is confirmed by an extract from the Unified State Register or a certificate (issued before August 15, 2020).
The step-by-step procedure for registering ownership of an apartment is as follows:
- Collect the necessary documents.
- Pay the state fee.
- Apply for registration.
- Receive an extract from the Unified State Register of Real Estate.
Registration of ownership of an apartment can be caused by various reasons (purchase, donation, exchange). The list of certificates and certificates that need to be prepared depends on the type of transaction. If the necessary information is missing, the transaction may be suspended.
Expert opinion
Mikhailov Vladislav Igorevich
Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.
Is it possible to register ownership of a new apartment in another region in Moscow?
carries out the functions of state registration of rights to real estate and transactions with it, provision of information from the Unified State Register, state land assessment, land management, state monitoring of land, geodesy and cartography, names of geographical objects, as well as the functions of state geodetic supervision in the field of geodetic and cartographic activities, state land supervision, supervision over the activities of self-regulatory organizations of appraisers, control (supervision) over the activities of arbitration managers, self-regulatory organizations of arbitration managers, in the territory of the Yaroslavl region.
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At the moment, it is possible to submit documents for registration of real estate located in another region only through the electronic services of Rosreestr. When submitting documents electronically, you must fill out an electronic application and attach the necessary documents in xml, pdf format. Documents and applications are signed with an enhanced qualified signature, for which you must contact certification centers. Information about certification centers is posted on the Rosreestr website (https://rosreestr.ru/) in the section: List of certification centers. Based on the results of document verification, the control system will calculate the amount of the state duty and generate a unique payment code. If all documents are completed correctly, the state fee has been paid, after the state registration of rights to the mailbox, the applicant will receive an Extract from the Unified State Register of Rights (USRE). However, after the entry into force of the Federal Law of July 13, 2020 No. 218-FZ, from January 2020 it will be possible to submit documents for registration of rights and cadastral registration of real estate objects at any office for receiving and issuing documents, regardless of the location of the object.
Package of documents required for registration
The set of mandatory papers is established by Federal Law No. 21-FZ (Article 18).
The list of documents required for registration includes:
- application of a certain sample;
- copies of passports of the parties to the transaction;
- acts confirming the emergence of the right (donation agreement, purchase and sale agreement, shared construction, resolution of the local administration and others);
- technical passport and technical plan of the apartment prepared by BTI specialists.
When registering inherited property, a certificate issued by a notary is presented. The acquisition of a share in an apartment is accompanied by a document confirming the right to part of the property.
If one of the sellers of real estate is a minor, the consent of the guardianship authorities will be required for the transaction. Notarial permission is requested if the apartment is sold by one of the spouses.
It has become more convenient to register real estate in another region on an extraterritorial basis
You can register real estate located at the other end of the country without leaving Blagoveshchensk at the Cadastral Chamber for the Amur Region according to the so-called extraterritorial principle. It provides for the opportunity to apply for registration of rights regardless of the region where the property is located. This opportunity arose thanks to Federal Law No. 218-FZ “On State Registration of Real Estate” that came into force on January 1, 2020.
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Property owners only need to have with them documents confirming ownership or alienation documents. In our region, services for registration of rights and state cadastral registration are provided on an extraterritorial basis at the branch of the Cadastral Chamber in the city of Blagoveshchensk at the address: st. Amurskaya, 144, all questions can be asked by calling ext 2260.
Documents for registration: methods of submission and authorities accepting the package
The Federal Registration and Cadastre Service is responsible for registering real estate objects. An application for registration of property rights should be submitted to a branch of the Federal Reserve System or to a multifunctional center for the provision of public services.
For the convenience of owners, there are several ways to submit an application.
In person or by proxy
The package of papers can be submitted in person to the Rosreestr branch or to the MFC. The registrar checks the original documents with the copies and issues a receipt.
The law allows the owner's representative to apply for registration. A prerequisite is the provision of a notarized power of attorney, which contains an indication of the right to apply to Rosreestr.
By mail
Article 18 of Law No. 218-FZ establishes the possibility of sending documents by mail. The personal signature of the applicant (representative) must be certified by a notary. Papers should be sent by registered mail with a list of attachments and notification.
The receipt issued by the postal operator is proof of dispatch.
Through the Gosuslugi website
Rosreestr accepts applications for real estate registration in electronic form. In order to use the online service, the owner must register on the State Services website and create a personal account on the Federal Reserve portal.
Documents submitted in this way must be certified with an enhanced electronic signature.
At home
The service is provided free of charge to WWII veterans and disabled people of groups 1 and 2. The cost of field service depends on the region.
Is it possible to register housing in Crimea in Moscow?
As a general rule, rights to real estate are registered at the location of the property. Recently, offices have been opened in every subject of the Russian Federation where you can submit documents for registration of rights to objects in other regions. There are three such branches in Moscow:
An extraterritorial principle of document submission has now been introduced, which is valid in some MFCs of the capital. Their addresses can be found by calling the unified Rosreestr hotline. It is also necessary to check with Rosreestr whether it is possible to submit documents for registration of property rights in Crimea.
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Grounds for suspension of registration and elimination of reasons for suspension
The reasons for suspending the registration procedure are defined in Article 26 of Law No. 218-FZ. The list consists of 59 items.
Most often, owners face the following problems:
- not all documents are presented;
- errors (discrepancies) were found in certificates and certificates;
- the apartment has been seized (more about the types of legal encumbrance);
- the right to the object was previously registered in the unified register;
- there is no information about payment of the state duty (errors were made when filling out the receipt).
Suspension of registration actions does not mean that the owner is denied recognition of ownership rights. The Federal Reserve specialist sends a notice to the applicant, which reflects the basis for the suspension.
The owner of the apartment must correct the indicated deficiencies, for example:
- provide missing certificates;
- apply for correction of errors to the authority that issued the document;
- pay the state fee again (in case of an error in the payment details).
If the deficiencies are not eliminated within the established period, registration of property rights will be denied.
Expedited registration
The law establishes specific deadlines for registering rights to real estate. The procedure takes from 7 to 9 working days. During this time, the contents of the documents and the legality of the transaction are checked.
The registration process can be speeded up. The registration period is reduced to 3 working days. However, the accelerated procedure requires large financial costs.
To quickly register an apartment, the owner must contact a notary office. After checking the documents, the notary will attest to the legal purity of the transaction. The cost of notary services depends on the region and scope of work.
Result of registration: extract from the Unified State Register. Contents and validity period of the statement
At the end of the procedure, the copyright holder is issued a certificate from the state register, which confirms his ownership.
The form and content of the extracts are determined by Order of the Ministry of Economic Development dated June 20, 2016 No. 378.
The extract from the Unified State Register includes the following information:
- technical characteristics (type, area, cadastral number);
- type of property and owner details;
- date of origin of the right;
- existence of arrest and encumbrances;
- information about all transactions with the apartment.
Information from the Unified State Register does not have a validity period. An updated statement is only required for property transactions.
Lost statement
Expert opinion
Mikhailov Vladislav Igorevich
Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.
Data from the Unified State Register are considered current at the time of issue of the extract. Losing a certificate has no legal consequences. If the document is lost for any reason, the owner can go to Rosreestr or the MFC at any time for a new certificate.
For a new extract you must pay a state fee. The cost of a paper document is 750 rubles. The price of the electronic version of the certificate is 300 rubles.
Features of registration of rights when purchasing an apartment on credit
An apartment purchased under a mortgage agreement is registered as the property of the borrower. However, before the loan is repaid, an encumbrance is placed on the property.
Registration of an apartment is carried out according to general rules. The difference lies in the set of required papers.
Package of documents
In addition to standard documents, to obtain a residential mortgage you will need:
- contract of sale;
- the bank's consent to conclude the transaction;
- a pledge agreement between the bank and the borrower, on the basis of which information about the encumbrance is entered into the unified register.
Before contacting Rosreestr, you should clarify what additional documents need to be presented.
Mortgage
If a loan is provided to purchase an apartment (for example, a housing loan from Sberbank), then a mortgage is issued.
A mortgage is a document that secures the bank’s right to pledge real estate. If the borrower does not pay the debt, the apartment becomes the property of the creditor. The mortgage is kept in the bank until the loan is fully repaid.
When applying for a mortgage, signing a pledge is not necessary.
Arbitrage practice
An appeal against the suspension or refusal to register the right to an apartment should be made in court (Article 8.1 of the Civil Code of the Russian Federation). In each specific case, the court evaluates the reasons for Rosreestr’s refusal and makes its decision.
The Podolsk City Court of the Moscow Region considered K.’s administrative claim to declare the registrar’s actions illegal.
K. bought an apartment.
However, the Federal Reserve Administration refused to re-register the transfer of rights, since the department received a decision to seize the object. The judge agreed with the decision of the Rosreestr body and refused K.
in recognition of property rights.
The Sovetsky District Court of Chelyabinsk resolved the dispute between M.
and a branch of the registration service. The reason for the suspension was the lack of permission to put the apartment building into operation in the submitted documents.
The judge found no violations in the actions of the registrar. An analysis of legal practice shows that in 9 out of 10 cases, judicial authorities confirm the legality of decisions to suspend or refuse registration of real estate.
Expert opinion
Mikhailov Vladislav Igorevich
Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.
Registration of real estate in Russia includes a lot of administrative procedures. A special register - USRN - notes the technical and design features of objects, copyright holders and restrictions on use.
If any parameter changes, the owner changes, or a lien/lien arises, the responsible persons must submit an application for their payment.
Registration of real estate in Russia
State registration of real estate is a special administrative procedure for making changes to the unified all-Russian Register. The Unified State Register contains all information about real estate located in Russia, including:
- design and technical features of real estate - type, purpose, dimensions, area, layout;
- identification data – unique cadastral number, address, location relative to a landmark;
- owners - who has title rights to real estate;
- prohibitions and restrictions - mortgages, arrests, prohibitions on registration actions.
The Unified State Register may also contain other information, for example, about rights to real estate declared in court.
Attention! Registration of real estate is mandatory due to the requirements of the main regulatory act on this issue - the Federal Law “On State Registration of Real Estate”.
There are two main areas of registration - registration of rights to real estate and cadastral registration. Previously, these were two separate registries, but since 2020 they have been combined into one.
Thanks to the maintenance of a single register, which contains all the key information about real estate, if necessary, you can establish important and up-to-date data about it. For example, when buying an apartment, you can check whether the seller really has ownership rights and on what basis.
Registration of real estate transactions
According to current legislation, registration of real estate transactions, that is, registration of contracts, as a rule, is not carried out. In a legal sense, it is more correct to say what is happening:
- registration of the real estate itself as an object;
- or registration of the transfer of rights on the basis of a submitted agreement or other transaction (for example, in the case of a gift, monetary contract, inheritance);
- or registration of an encumbrance, for example a mortgage on a bank loan.
However, registration of a real estate lease transaction, that is, the agreement itself, is still necessary in a number of cases. For example, when the contract is concluded for a period of more than a year or if an enterprise is leased.
Registration of such a real estate transaction occurs by analogy with other types of registration. The interested party submits an application and related documents through the MFC, and after 7-9 days receives the result - an agreement with a blue registration stamp.
In everyday life, the terms “ registration of real estate transactions ” and “ registration of rights to real estate ” often have the same meaning.
Registration of rights to real estate
The Unified State Register of Real Estate includes information about the rights to it for each property. Most often we are talking about property, but rent is also registered.
The register contains information about people and organizations that own real estate, as well as a chronology of changes in its ownership. Since the information in the Register is stored forever, you can find out the complete history of the transfer of rights to a specific apartment, house, land, and so on.
The Unified State Register contains records of encumbrances. For example, when purchasing an apartment with a mortgage, the Register will include information about the pledge in favor of the bank.
Cadastral registration
The real estate cadastre contains technical information:
- purpose of the object (plot, apartment, residential building or not, and so on);
- cadastral number and previous registration data;
- area and at least one key characteristic (for example, height);
- location in space.
As a rule, changing technical data requires the participation of a specialist - a cadastral engineer, who records the changes in special documents. But the owner still submits an application to Rosreestr.
Registration of real estate in another region
To receive documents for registration of rights on an extraterritorial basis, separate offices have been allocated in each constituent entity of Russia. In Irkutsk, you can submit an application at the reception point of the branch of the Federal Cadastral Chamber at the address: st. Chekhova, 22. Also, applications for registration of ownership of real estate located in another region are accepted at the branch offices in four more cities in the region - Angarsk, Shelekhov, Slyudyanka and Nizhneudinsk.
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The main difficulty when buying an apartment in another city is the extension of the terms for obtaining a loan, checking the legal purity of the real estate, the solvency of the borrower, and connecting bank branches on these issues. Registration of a transaction in another region requires the borrower to spend additional money and time on visiting the property and concluding a purchase and sale agreement.
When is state registration required?
Registration of real estate or rights is required for any changes related to the legal status of this object. Most often it is necessary when:
- concluding a DCT, DDU, mortgage agreement for housing, garages;
- privatization;
- concluding a long-term lease or rental agreement (1 year or more);
- completion of construction and commissioning of real estate;
- changing the boundaries of land plots;
- destruction of real estate.
The procedure in each case is approximately the same - the copyright holder submits an application and supporting documents. The difference is in the package of documents and the state duty.
Attention! Accounting and changes in rights and descriptions of real estate are not carried out automatically, but at the request of the copyright holder or interested party. For example, citizens are required to submit an application to Rosreestr if the rights to an apartment are transferred to the next owner under the DCT. Responsibility for violation of this rule is established by Art. 19.21 Code of Administrative Offenses of the Russian Federation.
Registration of rights and cadastral registration
After merging the registers in the Unified State Register of Real Estate, registration of rights and cadastral registration of real estate can be done simultaneously.
Registration type | When necessary |
Only registration of rights | If the property is already registered and has a cadastral number. Applicable, for example, when registering DCT, mortgage |
Cadastral registration only | The characteristics of the property have changed - the boundaries have changed, the area has changed, the address has been clarified; and also if the object is destroyed (for example, burned). The copyright holder remains the same |
Registration of rights + cadastral registration | If information about the property is not yet in the Unified State Register of Real Estate, for example, the construction of a house has been completed or several have been created from one plot by constructing new boundaries |
Application to Rosreestr on the prohibition of registration actions with real estate
What to do if you are afraid of losing your apartment or other real estate? Is there a way to protect the property of elderly parents, who are very easy to deceive? The law provides the owner with the opportunity to limit transactions with his property by submitting an application to Rosreestr - my publication will discuss this later.
Article 36 of the Federal Law on State Registration of Real Estate speaks of the owner’s right to prohibit Rosreestr from carrying out registration without his personal presence. What does it mean? The state body will return the document on the transfer of ownership without consideration if the register contains an entry about the registration being carried out personally by the owner.
30 Jun 2020 hiurist 248
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Registration of real estate in Rosreestr
Where does registration take place?
Maintaining the Unified State Register is the responsibility of Rosreestr; it is its registrars who make the necessary entries in real estate cards. Today, the most common way to submit documents for registration is in person through any MFC office (“My Documents”). If for some reason this is not possible, there is an option to send the papers by mail or through electronic resources.
Submitting documents in person
Documents for state registration of real estate are accepted by all departments of the MFC throughout the country. You can come on a first-come, first-served basis or take a ticket in advance.
Expert opinion
Mikhailov Vladislav Igorevich
Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.
As a rule, it is more convenient to make an appointment by choosing a day that is convenient for all parties to the transaction. You only need to take supporting documents with you, and the registration application will be filled out by the receiving MFC specialist.
Rosreestr has completely closed reception in a number of regions, and in some regions it accepts documents directly, but by appointment and only on a territorial basis.
Sending documents by mail
You can send documents for registration by Russian Post. You must fill out the application yourself and have your signature certified by a notary. The cost of witnessing a signature varies among different notaries, but will not exceed 1,000 rubles.
Electronic registration of real estate
UKEP holders can apply for real estate registration online through the Rosreestr portal using the following links:
- form an application for registration of rights;
- form an application for registration of rights + cadastral registration.
Important! For mortgage clients, Sberbank offers its own electronic registration service with the issuance of UKEP and the preparation of all necessary requests through a manager. However, the cost of such a service is quite high - from 8 to 11 thousand rubles.
Notary
If the transaction is certified by a notary - for example, when selling shares or property of a child - he can send documents for registration through his own electronic services. The service is free, and the registration period in this case is reduced to 3 working days.
Call a specialist to your home
Rosreestr offers on-site registration of real estate for certain categories of citizens:
- WWII veterans;
- disabled people of groups 1 and 2.
This option is not yet available to other people.
Is it possible to register a real estate transaction in another region?
If the data about an apartment changes, it is always clear who did it, when and on the basis of what documents. Any suspicious request is rejected. Department employees use electronic signatures, act according to instructions and bear financial responsibility for their actions. If they cause intentional damage to the owner, the state will fully compensate for it, and the scammers will be sent to prison.
There were no problems during the work. The guys did everything that was required on time, without delays. The price for the services of this company is very reasonable. If you want to calculate everything yourself, the website has a special online calculator where you can take into account all the costs of work and materials. In general, the impressions from communicating with us were only positive.
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Required documents and state fees
The list of documents for real estate registration depends on the individual situation.
The general package is as follows - must be provided:
- passport of the copyright holder;
- application for registration;
- supporting documents;
- receipt of state duty.
For example, to register the sale of an apartment on the secondary market you will need:
- passports of the parties to the agreement;
- statements from the parties to the transaction - for each their own;
- PrEP in 3 copies;
- transfer deed for the apartment;
- consent of the seller’s wife to the sale;
- receipt of payment of the duty of 2000 rubles.
If, for example, we are talking about cadastral registration of the division of a land plot, you will need:
- owner's passport;
- application for cadastral registration and registration of rights to new plots;
- boundary plan of the site;
- receipt of payment of the duty, the amount depends on the category of land.
You can view the lists of documents and the amount of state duty depending on the specific situation using the links below (text files will open for download in DOC format):
- general list of documents and requirements;
- documents for registration of rights to non-residential premises;
- registration of preschool education;
- application form for state registration of real estate;
- National tax.
It has become much easier to create a list of documents for your situation with the special electronic service of Rosreestr - follow this link.
The procedure for registering real estate
The entire registration of real estate consists of several successive stages:
- Collection of documents.
It depends on the specific circumstances of the transaction or event - the parties to the contract sign and formalize the sale and purchase, the land owner orders a boundary plan, the owner of the building fills out a declaration, the spouse gives consent to the transaction, and so on. Documents must be ready at the time of application.
Completing and submitting an application.
Most often, this is done through the MFC - a specialist fills out and has the required application form signed, accepts documents and issues a receipt for receipt of papers. The receipt indicates when registration will end and you will be able to receive the result.
Checking the legality of the transaction and making an entry in the Unified State Register.
This stage is carried out by the registrar of Rosreestr. Based on his own database and submitted documents, the specialist identifies whether there are any obstacles, and if not, makes the necessary entries. If the transaction was certified by a notary, this stage is actually skipped, since the notary's signature guarantees the legality of the documents.
Issuance of the result to the applicant.
Based on the results of registration, applicants receive registration documents - an extract from the Unified State Register of Real Estate (USRN) (always), an agreement with a stamp on the registration record (for purchase and sale transactions, DDU, lease, and so on).
The registration period today is on average 7-9 business days. Through a notary and electronic databases faster - up to 3 working days. If there are difficulties, registration may be suspended for up to 3 months.
Possible problems
Registration of real estate may well be suspended if there are shortcomings in the submitted documents:
- The documents do not comply with legal requirements. For example, if a share in an apartment is sold, but the agreement is not certified by a notary.
- A required document is missing. For example, if one of the parties to the transaction has changed their last name, a marriage certificate must be attached.
- There is a lien or lien on the property. For example, the bailiffs seized an apartment for debts - it cannot be sold, registration will be refused.
- The registrar did not obtain the necessary information from other departments. This problem is not related to the applicant, but stems from the timing of responses to interdepartmental requests. For example, if the apartment was purchased by the seller before 1998 and there is no information about it in the Unified State Register of Real Estate, the registrar will request it from the BTI. You just need to wait for an answer.
- If the information in the submitted documents and the USRN database does not match. For example, registration will be suspended if it becomes clear that the boundaries of neighboring land plots overlap.
Important! The absence of a spouse's notarized consent to a transaction is not a reason to suspend or refuse registration. In this case, a note is made in the Unified State Register that the consent of the third party provided for by law has not been provided. All risks in this regard are borne by the parties to the transaction themselves.
If your registration has been suspended, you need to contact your registrar in charge of the case and find out the reason. Typically, additional documents or information must be provided for the procedure to be completed successfully.