Certificate of absence of encumbrance on real estate

When completing a purchase and sale transaction, the buyer bears the risk of becoming a victim of fraudulent activities. The seller may not have rights to the object, sell an apartment to several citizens at the same time, or formalize a transaction for a seized or encumbered object. The right of residence of an orphan or a convicted citizen may be secured in the apartment.

To find out information about registered rights to an object, you can obtain an extract. Certificate of no encumbrance on the apartment, how to get it and how much it costs.

Confirmation of encumbrance

The law obliges property owners to register all actions that are carried out with objects. Information about the presence or absence of encumbrances on real estate is entered into the unified real estate register.

To find out information about the main characteristics and registered rights to the property, you must obtain a certificate of absence of encumbrances on the property. This is an extract from the Unified State Register of Real Estate.

Every citizen of the Russian Federation has the right to receive an extract. To do this, he must not be the owner of the property or his relative.

Information that should be on the statement:

assigning the area to the prisoner;
assigning space to a child left without parental care;
renting an apartment for a period of more than 1 year;
ownership of the object by minor children;
encumbrance by force of law;
encumbrance by virtue of a contract (mortgage);
transfer of an object as collateral.

The extract must contain data on the area of the object (general and residential), the number of rooms in the apartment, the number of storeys of the building and the floor on which the object is located.

The only information about the owners of the object indicated in the extract is the first, patronymic and last names of the owners. Additional information is personal data and should not be included in the certificate.

Certificate of absence of encumbrances on property

All significant legal transactions with real estate are subject to mandatory state registration. This federal policy is aimed at organizing systematic recording of information about the property of citizens, enterprises, and limited liability partnerships.

Rent agreement with another person

Government agencies are actively engaged in a system for automating the processing of requests from citizens, competent authorities, and enterprises. Therefore, today there are several relevant methods for obtaining information about restrictions on a specific property object.

According to the rules for processing requests from citizens and enterprises, the state register will require the applicant to pay a mandatory fee. The amount of the budget fee depends on the volume of information requested and the format for its provision. For example, an extract of the history of the transfer of rights at the request of an individual in electronic format will cost 250 rubles, on paper - 400 rubles.

It is important to understand what the purpose of a certificate from Rosreestr is about the absence or presence of encumbrances on a specific object. Any user can publicly check, free of charge, the eligibility of a counterparty to enter into real estate transactions. This is the most important goal of creating a unified accounting register. The goal of this work is to create a publicly accessible source for checking property transactions for fraud.

Validity

When talking about a building or structure, it is necessary to write down not only its cadastral number, but also data on the land plot under the object. If the applicant does not know the specific location and mapping indicators of the property, interactive maps can be used. The largest objects and their coordinates are presented on the Internet.

Refusal must always be justified. If the applicant believes that he is right, then the refusal can be appealed in court. There is another option: re-submit the application, paying the state fee and correcting the errors.

Contact Rosreestr. You can contact any nearest branch, where you should fill out an application according to the sample;
Request to the Multifunctional Center (MFC). MFC branches have ways to issue almost any document; an extract from the Unified State Register is no exception;
Submitting an application for an extract on the official website of Rosreestr;
Obtaining an extract by submitting an application on the unified portal of State Services;
Obtaining an extract from the Unified State Register of Real Estate through a reliable intermediary, details here.

What does the extract from the Unified State Register contain?

Encumbrances are different and can lead to different consequences. One way or another, this is an extra “headache” for new owners, who will either have to put up with these encumbrances or have to defend their rights in court.

What does the extract from the Unified State Register contain?

The form of the extract is established by law. Regardless of where you receive it, the form will be identical.

A certificate of encumbrance on an apartment must include the following information:

Technical data about the property (description of the apartment, material from which the object was built, area, exact address).
Grounds for the emergence of ownership rights to the object (name of document, number, date of receipt). In this capacity, a purchase and sale agreement, exchange, donation, certificate of inheritance, or privatization act may be included.
Cadastral information (cadastral numbers for a house, apartment, land plot). This information can be obtained free of charge and independently. To do this, you need to use the interactive cadastral map of the settlement.
Data of all owners of the object. If an object has changed owners several times, this can be tracked in the statement. The document will contain exclusively their full name.
Information about the loss by the owner of his rights in relation to the object. If the property was pledged and the owner’s rights were terminated due to failure to fulfill the contract, documentation of ownership remains with the owner. An unscrupulous citizen may try to sell an object that no longer belongs to him. To avoid fraudulent activities, it is advisable to obtain an extract from the Unified State Register of Real Estate.
Information about submitting an application for an extract and information about its provision.
Date of issue.

The recipient of the extract is responsible for causing harm to the owner of the property through the use of the information contained in the document. For this purpose, the certificate contains the details of the recipient of the statement.

What kind of document is this - a certificate of encumbrance on the apartment

And this is nothing more than an extract from the Unified State Register of Rights. All encumbrances placed on real estate and subject to registration in the Cadastral Chamber must be entered into the repository of information about real estate, which is the register of rights. That is, all transactions made with the apartment are entered there.

Based on the meaning of the seventh article of the law “On State Registration of Rights,” information about encumbrances must be provided to any person (openness of information). This means that before starting to draw up a contract for the sale and purchase of an apartment, the buyer has the right to find out whether the apartment is free from the rights of others.

Types of encumbrances are described in a separate article here. Get to know each other.

The encumbrance certificate must contain:

description of the apartment (address, number of rooms, total area, number of floors);
registered rights (that is, information about who is the owner of the apartment);
restrictions (or encumbrances) of rights (servitude, for example, or rent);
information about someone’s claims to the right (for example, if there is a trial on the issue of determining shares or someone is applying for an apartment in court);
information about whether the apartment is being seized by the state or municipality.

Along with an extract from the Unified State Register, you may also need an extract from the State Tax Committee. Find out where and how to get these statements in the article here.

How to get an extract from the Unified State Register of Real Estate

Certificate of absence of arrest for an apartment, where can I get it? In 2018, obtaining an extract is not a difficult process. To do this, you can use one of the following methods:

contact Rosreestr;
submit an application through the MFC;
request data through the Rosreestr website;
send an application through the State Services electronic service;
receive the document through a representative.

In most regions, reception of citizens directly at the Rosreestr branch is closed. Documentation is sent through the MFC or using the organization’s electronic service.

Submitting an application through the MFC is convenient, since branches are open in most localities of the country. However, the period for reviewing documents is increasing. MFC does not produce statements on its own. The organization is an intermediary between Rosreestr and the applicant. Therefore, 2-3 days are added to the deadline for the transfer of information.

If the application is submitted using the Rosreestr website, the recipient can pay for courier delivery of the document. The service is paid. Thus, you can reduce the time it takes to receive an extract.

To request a certificate of absence of arrest for an apartment through State Services, you must have a personal account on the service. It must be authorized in the prescribed manner.

Receiving a document through the MFC

Certificate of no encumbrance on the apartment, where can I get it? To apply for an extract on the encumbrance of a property at the MFC, you must obtain a coupon. He will determine the time to contact the center. It can be obtained directly from the center or through the “My Documents” service.

When contacting the center, the applicant must have a civil passport with him. The operator must establish the citizen's identity before accepting the application.

The law does not limit the circle of persons who can be applicants when receiving an extract. Which can be individuals and legal entities, law enforcement and judicial authorities.

If the applicant wants to receive classified information other than basic information, he must provide a document indicating that he has access to it. This opportunity is not available to a wide range of people and is available mainly to representatives of judicial and law enforcement agencies.

The operator issues a receipt of the application. It indicates the reason for the application, the applicant’s details and the day the result was received. It is indicated taking into account 2 days for the transfer of information to the authorized body.

MFC provides a service of SMS informing citizens waiting to receive government services. The contact telephone number is indicated in the application.

You do not need to get a coupon again to get the result. The extract is issued by the administrator upon presentation of the applicant's passport.

The result can be in paper or electronic form at the request of the applicant. The cost of a paper copy is significantly higher. The electronic version is sent directly to the applicant’s email. It can be printed and used just like the paper version.

Deadlines for receiving statements

A certificate of removal of encumbrance on an apartment is issued at different times, depending on the method of application. Among them:

Urgent certificate – 1 day. A special feature of obtaining an urgent certificate is the increased fee.
Through Rosreestr – 3 days. The deadline is valid both for personal applications and through the website.
Through MFC – 5 days.

The specified deadlines also apply in cases where, instead of an extract, a refusal to provide information is issued. The reason for issuing a refusal is the provision of inaccurate data about the object.

If a refusal is submitted, the applicant has the right to appeal it in court. However, you can correct the mistake, pay the fee again and submit a new application.

Validity period of the extract from the Unified State Register of Real Estate

The law does not limit the validity period of the certificate. However, the relevance of the information may be lost:

change of owner is possible;
it is possible to change the owner’s data (change of last name, first name, patronymic);
reconstruction of the facility, which entailed an increase in area;
the situation with the encumbrance or seizure of objects may change on a daily basis.

Since information can change daily, it is advisable to order a new certificate to obtain current data. Therefore, the validity period may depend on the reasons for receiving the document. Among them:

to receive an inheritance, the extract is valid indefinitely;
to check the encumbrance data, it is better to obtain a new document a few days before the transaction;
credit institutions accept statements issued no later than 1 month before the date of application.

Obtaining a Unified State Register certificate

You will need to wait 5 working days, after which you must provide a certificate. It can be sent by email, or a person can personally appear at the Cadastral Chamber to receive a paper version.

About the availability of property

By the way, if you wish, you can take official real estate paper via the Internet. To do this, you need to visit the official website of Rosreestr. There you will need to fill out a special form “Providing information from the Unified State Register”. Again, you will need to pay a state fee. If you want to get a paper version, you will have to pay 200 rubles. If electronic is enough, then you need to pay 150 rubles. It is allowed to make payments, for example, through a Qiwi wallet or WebMoney.

change of owner is possible;
it is possible to change the owner’s data (change of last name, first name, patronymic);
reconstruction of the facility, which entailed an increase in area;
the situation with the encumbrance or seizure of objects may change on a daily basis.

Mortgage. The bank issues a loan or a loan for an apartment, after which information is transmitted to Rosreestr that the apartment has a mortgage encumbrance by force of law. If you want to sell your home, but there is a mortgage encumbrance, you must first resolve all issues with the bank and then carry out the sale.
Arrest. This option of encumbrance is available only by decision of the court or bailiffs; other authorities do not have the right to seize the apartment.
Easement. This category of restriction is accepted only during procedural actions. At the end of the trial, based on the decision, the option of arrest or removal of the easement in full is adopted.
Rent. The property can be received by the annuitant after he has fulfilled his full obligations to the lessor (most often used by elderly owners of property rights, who enter into the terms of the life annuity agreement, with the right to transfer ownership to another person after the death of the annuity).
Rent. The apartment is rented on the basis of a contract. At the end of the contract, the lease is either removed or resolved in another way, including through the courts.

Cost of extract

A certificate of encumbrance of real estate is issued free of charge only once - when registering rights to the property to a new owner. The cost is included in the amount of the fee for registering property rights and is not paid separately.

In other cases, you must pay a fee for issuing an extract. It varies depending on the following factors:

name of the extract;
who the applicant is (individual, legal entity or authority);
A paper or electronic version of the statement is required.

The payment amount is established by Order of the Ministry of Economic Development of 2016 No. 291:

For an individual and a government body, in paper copy – 400 rubles, in electronic form – 250 rubles.
For a legal entity in paper form – 1100 rubles, in electronic form – 700 rubles.

Since 2020, citizens have the opportunity to purchase information about registered rights to any real estate property. To do this, you need to order an extract from the Unified State Register of Real Estate. Information about the encumbrance is stored in a single register. It can be obtained through Rosreestr. The application is submitted through the MFC or electronic services. The applicant must pay a fee.

How to get a certificate of no restrictions on an apartment or house

A certificate of real estate encumbrance is a special form that contains the main characteristics of the property and a list of current restrictions on it. In everyday life, such a document is called an extract from the Unified State Register of Real Estate. If the owner of property sells it, donates it, or transfers it for long-term lease, he is obliged to enter the relevant information into the state register. When a person plans to purchase property, the certificate will make it possible to verify the absence of prohibitions.

We recommend reading: Renting housing with subsequent purchase

The reference form displays the name of the government agency that issued it. Below is the name of the form and the reasons for which it is issued to the applicant. Next are brief technical and qualitative characteristics of the object (area, territorial location, structure of the structure, etc.). If it is possible to identify the owner, then the name for citizens or the name for enterprises (LLC, JSC, individual entrepreneur, etc.) is indicated.