The procedure for registering ownership of real estate during its registration. On what conditions and where to register ownership of an apartment? Where to register ownership of an apartment?

The transaction takes place in two stages:

The duty of Rosreestr employees is entering information about the apartment and its new owner c - a database of all Russian real estate.

Law No. 122-FZ establishes mandatory registration of housing information in the Rosreestr in the case of:

and so on.

The certificate is not issued immediately. The following deadlines for processing documents have been established:

registration of a written purchase and sale agreement not certified by a notary – 10 days;
in the construction of an apartment building – 10 (5) days;
registration of a notarial purchase and sale agreement – maximum 3 days;
in case of registration – 5 days.

Basic package of documents

When applying to Rosreestr to register ownership of an apartment, you will need the following package of documents:

To documents You will also need to attach copies. The agreement must be provided in three copies, since one will remain in Rosreestr (attached to the registration file), the second - with the parties to the transaction.

The application form can be obtained from Rosreestr employees.

Documents for registration of an apartment purchase and sale agreement are submitted in person or by post with an inventory.

Additional documents and the procedure for obtaining them

Additional documents include the following:

The consent of the spouse is not necessary in cases where the property was received by an heir, purchased by the seller before the marriage, received as a result of privatization, or acquired by gift.

Waiver of the preemptive right is not necessary if:

the consent of the co-owners is stated in the purchase and sale agreement itself;
the area of the neighbors is municipal (not always).

What to do if some of the documents are missing or they are not in proper form?

If the submitted list of documents for ownership of the apartment is incomplete or errors and inconsistencies are found in them, registration is suspended.

The most common errors found are:

discrepancy between the area of the apartment;
wrong address;
errors in the surname or name of the owner;
expiration of documents and so on.

In this case, the applicant is notified by a Rosreestr employee about the suspension of registration. Dedicated to troubleshooting period of 30 days.

Registration cannot be renewed more than three times. Registration renewal is carried out upon application. If errors are not corrected, the applicant receives a refusal.

Most often, the owners do not have it on hand. It must be completed at the location of the apartment. It will not be needed at all if the apartment is already included in the Unified State Register: sold, given as a gift. Information from the cadastral passport is entered into the database once and stored there forever.

It is worth paying special attention to the technical descriptions of the premises in two documents: the contract and the cadastral passport. It is this discrepancy that may cause registration refusal.

Form 9 has a short validity period. Therefore, you should not take it several months before registering property rights.

Sometimes it is required certificate of absence of debts for utilities. Such a certificate is issued by the management company and also has a validity period. If one of the parties to the transaction is an organization, the statutory documents of the legal entity are submitted to Rosreestr.

Video: Documents for drawing up a purchase and sale agreement

The video contains a complete list of necessary documents for concluding a contract for the purchase and sale of real estate in Russia.

It describes what requirements Rosreestr imposes on the documents necessary to register the transfer of ownership of an apartment and other real estate.

How to register an apartment as your property: procedure, necessary documents, nuances of registering ownership of an apartment in a new building, answers to the most popular questions that arise among happy owners of residential square meters - all these points are covered below.

Documents for registration ownership rights to the apartment

Registration of ownership of an apartment begins with an application to the registration authority. But before embarking on an assault on the regional department of Rosreestr - the Federal Service for State Registration of Cadastre and Cartography (better known under its former name - Registration Chamber), it is necessary to prepare a number of documents:

Important! Title documents are submitted to Rosreestr in three copies, each of which is an original.

Download the act form

The rest of the documents - according to the formula “original + copy”, and the copy will be certified by the registrar at the time of receipt. Passports of future owners, that is, applicants, must only be presented; copies do not need to be taken.

Registration of ownership of an apartment: terms, procedure

After making sure that all the necessary documents are available, you can begin the procedure for registering ownership. To do this, you should contact the Rosreestr office at the location of the apartment with an application for state registration of the right. This is required by Law No. 122-FZ. However, in practice, the responsibility for drawing up the application is assumed by registrars - thus the likelihood of incorrect completion and violation of the requirements is reduced to zero.

Having accepted the documents and completed the application, the registrar will leave a corresponding mark on the second copy. At this point, the first part of the mission can be considered over, all that remains is to wait.

According to the letter of the law, the period for registering ownership of an apartment is counted from the moment the application is accepted until the issuance of a certificate of registration of the right and cannot exceed three months. But in practice, everything can be completely different: if officials of the Rosreestr department have doubts about the authenticity or correctness of the submitted documents, they have the right to suspend registration or refuse it altogether. But in fairness, it is worth noting that refusal happens extremely rarely; much more often, all issues and problems can be resolved, and suspended registration is resumed very quickly.

Registration of ownership of an apartment in a new building

How to register ownership of an apartment purchased on the primary housing market is a question that concerns most future new residents, since the most affordable housing today is located in new buildings.

Don't know your rights?

The main thing in the process of registering ownership of an apartment in a new building is documents. It is the completeness of the documents and their legal purity that will determine how quickly the registration process will proceed.

You can entrust the registration of ownership of an apartment in a new building to a developer company or perform all the necessary steps yourself. When choosing the second option, the developer is required to submit the following documents:

act of acceptance and transfer of the apartment;
copies of documents on the commissioning of a built-up house and its acceptance by a specialized state commission;
act of implementation of an investment agreement for construction work.

Important! When requesting documents, you should pay attention to their condition and appearance, since, in accordance with Article 18 of Law No. 122, the Rosreestr office cannot accept documents containing blots, strikeouts, additions, corrections and damage that affect the readability of the document and its interpretation content.

If the developer refuses to provide the necessary documents or fails to complete a number of mandatory actions, the issue of how to register ownership of the apartment is resolved by going to court.

Otherwise, the procedure for registering ownership of an apartment in a new building fully complies with the instructions given above.

Registration of ownership of an apartment with a mortgage

If an apartment is purchased with borrowed funds under a mortgage agreement, then the acquired property (or other real estate) becomes collateral for the repayment of the loan, that is, its security.

In this case, registration of ownership of an apartment with a mortgage takes place in the general manner, with the exception of the encumbrance that is imposed on the registered property. Until the loan debt is paid, the owner will be able to dispose of his property to a limited extent or with the consent of the mortgagee. Moreover, this applies not only to the purchase and sale, but also to the rental of an apartment.

In addition to the above documents, the package of documents submitted to the Rosreestr body must also include a mortgage (including all attachments) and an application for state registration.

How much does it cost to register ownership of an apartment (registration cost and state fee)

In order to register ownership of residential real estate, you must first pay a state fee, the amount of which increased in 2015 and amounted to 2,000 rubles.

The amount of state duty is regulated by federal legislation, in particular Art. 333.33 of the Tax Code of the Russian Federation and Law No. 221-FZ of July 21, 2014. The legislation also defines the circle of persons entitled to benefits upon payment.

But it is difficult to determine the exact cost of registering ownership of an apartment: to carry it out, you will need to collect a number of documents, for the registration of which you will have to pay. If lawyers or notaries are involved in the process to support the transaction, you will need to pay additionally for their services.

Certificate of registration of ownership of the apartment

Until 2015, such a certificate belonged to the category of strict reporting documents with a degree of security for printed products (level B), with an accounting series and number. According to the order of the Ministry of Economic Development No. 765 dated December 32, 2013, the form of the document has changed since 2015.

Now this is the official form of the Office of the Federal State Registration, Cadastre and Cartography with a number corresponding to the state number. registration of rights. The document is certified by the state signature. registrar This means that since 2015, there are no requirements for the security of the document form and it can be drawn up on plain white paper (A4 format).

The number and series in the certificate are also indicated on the back of the document, but as for the passport data, they will no longer be in the new certificate. Now it is required to indicate the date and place of birth of the citizen, SNILS. Another innovation is the possibility of receiving such a document in electronic form with an electronic signature of the registrar.

Last updated February 2019

Receiving the keys to a new apartment is the most exciting and joyful moment in life. And receiving the keys to an apartment in a new building is a double joy, because it is long-awaited. But do not forget that you can become a full-fledged owner only after registering the apartment as your property - registering it with the relevant authorities.

To do this, the developer must fulfill certain conditions and prepare the appropriate package of documents.

Conditions for registration

In order to be able to register your rights to an apartment in a newly built building, several conditions must be met. Namely, the developer must take the necessary actions.

Drawing up a protocol on the distribution of residential and commercial real estate in a newly built house. Often, high-rise buildings provide not only residential apartments, but also areas for shops, offices and other non-residential premises.
Obtaining a technical passport from the Bureau of Technical Inventory (BTI) for the constructed house. It indicates the number of floors, layout, total footage and each room separately.

It happens that the planned square meters after construction do not coincide - apartments or a house as a whole turn out to be larger or smaller in size, and such issues have to be resolved individually (make an additional payment to the developer or return the excess paid to buyers).

Documents for registration of ownership

In general, there may be two options for registering ownership of an apartment:

in the general manner, when the developer facilitates the registration of property;
in court, if the developer either interferes or fails to act in collecting the necessary documents and registering ownership.

What if the developer does not provide documents?

If the developer does not put the house into operation, does not transfer the apartment to the shareholder, and the housing delivery period under the agreement for participation in construction has expired, then the buyer of the apartment can:

Pre-trial dispute resolution- at the beginning, a correctly completed claim is sent to the developer (private or collective - by one or more shareholders). After receiving a refusal, you can go directly to the court.
Appeal to court - the reasons for the impossibility of registering property due to the guilt of the developer are indicated. Basically, the court takes the side of the shareholders and, as a rule, developers are not at all against resolving the problem in this way.

Judicial practice is such that decisions are often made in favor of shareholders, and, having a court ruling in hand, you can register housing in a new building as your personal property. Followed by:

prepare a package of necessary documents
the apartment is registered in the cadastral register
registration of property rights in the Registration Chamber

Preparation of a package of documents

Whether all the necessary documents have been collected and whether they are drawn up correctly from a legal and grammatical point of view will determine whether your apartment will be registered or whether you will be denied registration.

Actions to be taken:

Sign the apartment acceptance certificate (or transfer deed)

This is the most joyful, but at the same time the most crucial moment. Before accepting an apartment in a new building, you need to thoroughly inspect it in the presence of a representative of the developer company, take measurements if possible, check the operation of the water supply and heating system, electrical panel, evaluate the finishing work (if they are specified in the shared construction agreement), etc. After inspection and acceptance of the apartment, a deed of transfer is signed, and you receive the keys to it.

Receive a cadastral passport for the apartment with a plan-scheme (or explication)

Recently, the apartment of each shareholder is registered in the cadastral register by the developer simultaneously with the cadastre registration of the entire house. Therefore, the shareholder’s obligation to take the apartment into account in the cadastre has disappeared. However, if the construction company does not carry out cadastral registration, you can do it yourself. To do this, a technical plan of the apartment is ordered from the BTI. Then, in addition to the application and technical plan, you will need to provide the cadastral authority with a transfer deed and a shared construction agreement (or another document on the basis of which you are the buyer of housing in a house under construction), and also pay a state fee. Unauthorized redevelopment will have to be approved additionally.

Provide a mortgage or loan agreement (credit)

These documents will be needed if the purchase of an apartment in a new building was made using funds received on credit or with a mortgage. The mortgage is issued to the borrower after the mortgage (loan) is repaid, so most often a representative of the bank (or other credit organization) is present during the registration of ownership.

Obtain permission from the guardianship authority

It is needed when an apartment or part of it is registered as the property of a minor citizen. It is possible to receive it within two weeks after writing an application indicating the reason for the application. In addition to the application, you will need documents: parents’ passport, child’s birth certificate, apartment acceptance certificate, share agreement for participation in construction (or other agreement with the developer).

Registration of property rights

When registering ownership of housing in a new building, the participation of one shareholder is sufficient. Often, equity holders trust the developer to prepare the documents and register ownership of the apartment himself. But we are considering the option where the shareholder registers his rights to housing in a new building on his own.

Prepare a package of documents

Identity passports of all prospective owners (for minors - birth certificate)
documents when purchasing from a developer - this is an agreement with the construction company on the basis of which you purchased housing (equity construction agreement, investment, co-investment or other document), with all additional agreements concluded
act of acceptance and transfer of residential premises
cadastral passport and apartment plan - although information about the cadastre is available in Rosreestr and the provision of these documents is not mandatory, it is still better to present them so that there are no problems during registration
mortgage and loan agreement (credit), if housing was purchased with a mortgage or with funds received on credit
permission from the guardianship authorities, if one of the future owners has not reached the age of majority,
notarized power of attorney, if the interests of future owners are represented by a third party
act of acceptance of the transfer of a shared construction project. It is provided in two original copies (one remains in Rosreestr, the other is returned to the applicant)
a copy of the permission to put the house into operation, certified by the developer’s seal. In fact, the developer independently submits it to Rossreestr after 10 days from receiving the permit. But despite this, many registrars require such permission from the shareholder.
other documents if necessary

Where should all future apartment owners go?

Registration Chamber
MFC - the period for receiving ready documents may take a little longer, since after acceptance they are sent to the Registration Chamber and checked there.

All documents are provided in original form with their copies. The procedure for receiving and issuing documents at both the MFC and the Registration Chamber is the same.

Sign the property registration application form

The application is drawn up on a computer and printed by an employee of the registering organization. It indicates the passport details of the future owners, technical characteristics and address of the apartment being registered, and a list of documents accepted from the applicant. Signed by all applicants after checking the correctness of the specified data.

Pay the state fee

In 2015, its size is 2000 rubles. You can pay this amount at a bank, through an ATM or at the cash desk of the registering organization. If there are several future owners of the residential premises, then the amount of the state duty will be divided equally between them.

Checking documents by an employee of the registration authority

After making sure that all the necessary documents are available, that they are correctly executed, and that all owners and a representative of the developer (and, if necessary, the credit institution that issued the mortgage loan) are present during registration, the registrar, along with the signed application, will take the originals of the above documents (except for passports).

The owners will be given a receipt indicating the list of documents received from them and the expected date of completion of the documents.
The verification of documents and the procedure for registering property takes about 18 days. This period may be delayed depending on various circumstances (several owners, mortgage, filing an application with the MFC, etc.).
The receipt indicates a telephone number by which you can find out the readiness of the documents by calling the case number located in the upper right corner.

Obtaining a certificate of ownership of housing

It is issued to each owner after they present their passport and receipt. The registrar will also return the remaining original documents (agreement with the developer, deed of transfer, mortgage, etc.).

Good to know: it is better to submit documents for property registration after any shareholder in an apartment building registers the property. Since there are usually technical problems with the first shareholder.

Don't delay registration

Even if you have already signed the transfer deed, received the keys and moved into the new apartment, you are not yet the owner. You should not delay registering property rights; this creates certain difficulties.

Inability to register at your place of residence. And as a consequence of this, there are problems with employment, obtaining a place for children in kindergarten or school, providing medical care, etc.
You cannot make any transaction with new housing– register a sale, donation, bequeath, lease, etc.
The deadline for personal income tax payment is increasing in case of sale of such an apartment during the first three years of ownership. This period will begin to count only from the moment the property is registered.
It will not be possible to apply for benefits and subsidies, due to certain categories of citizens when paying for utilities.
Impossibility of selling maternity capital- the pension fund is required to provide a certificate of ownership of the property acquired at the expense of maternity capital.

And these are not the only difficulties that may arise if the ownership of a new building apartment is not properly registered. If this happens due to the fault of the developer, you should go to court.

Buying in a new building - “pitfalls”

Purchasing residential premises in an apartment building that has not yet been built is quite risky. Therefore, before concluding an agreement with a developer, you need to carefully think over everything and weigh all the pros and cons.

What do you need to know when buying an apartment in a new building?

Buy an apartment only from a reliable developer. Check how many facilities have already been built and put into operation by the selected construction company, what is the quality and timing of construction.
Degree of readiness of the house under construction. You should not buy an apartment in a building where there is only a foundation and construction is moving at a slow pace.
Accreditation of a new building with a bank. When purchasing an apartment with a mortgage, it is important to know whether at least one credit institution will issue you a mortgage loan for its purchase from a given developer.
What kind of agreement does the developer propose to conclude?. The most profitable option for the buyer is a share participation agreement in construction. Only it guarantees protection from the sale of one apartment to different persons or from problems with the registration of the land plot on which the house is being built.
Estimate the location of the object. It is better if there is developed infrastructure nearby - shops, a school, a kindergarten, a hospital, a parking lot, a playground, etc.. Developers often promise all these benefits in the future, but this is not always true.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

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State registration of rights - entering information about the right to a property in the Unified State Register of Real Estate ( The Unified State Register of Real Estate (USRN) appeared in 2017 as a result of combining the Unified State Register of Rights to Real Estate and Transactions with It (USRR) and the State Real Estate Cadastre (GKN) into one information resource.

">EGRN) - are subject to ownership and other proprietary rights to real estate and transactions with it, restrictions on rights and encumbrances of real estate: easement, mortgage, trust management, lease, rental of residential premises and so on.

Now the information entered into the Unified State Register of Real Estate is the only evidence of the existence of a registered right to a property, which can only be challenged in court.

The owner must register the rights (regardless of who he is - a citizen of the Russian Federation, a foreign citizen or a stateless person). If the owner is a minor, a legal representative (parent, adoptive parent, guardian, trustee) can act on his behalf. From the age of 14, a child can register rights to real estate himself. On behalf of incompetent persons, an application for registration of rights is submitted by their guardians. If necessary, you can issue a notarized power of attorney for the representative.

2. Is it necessary to register a property before registering it in the cadastral register?

Previously, if a property was not registered in the cadastral register, it had to be first registered in the cadastral register and only then the rights to it had to be registered. Now, if necessary, this can be done simultaneously.

You will only need state registration of the right if information about the property, the right to which needs to be registered, has previously been entered into the Unified State Register of Real Estate, that is, it is already registered in the cadastral register.

State registration of property rights simultaneously with cadastral registration is required if the object was With the exception of previously unregistered real estate for which permission to put a capital construction project into operation was issued (for example, apartment buildings). In this case, the object is registered in the cadastral register by the state authority or local government that issued the permit.

">created (for example, a private house was built) and, accordingly, was not previously listed in the Unified State Register of Real Estate, or was formed (for example, by dividing a plot of land), or ceased to exist (provided that previously the rights to it were registered in the Unified State real estate register).

At home

Veterans of the Great Patriotic War, disabled people of the Great Patriotic War, disabled people of groups I and II can register the rights to their real estate using the free “Field Service” service. A courier will come to them and accept the application for registration of rights.

Property rights will be registered within 5-12 business days. To check the status of consideration of the application, you can use the electronic service “Checking the execution of the request online”.

5. How is state registration of a right confirmed?

Based on the results of registering your rights to real estate, you will be given an extract from the Unified State Register of Real Estate about the main characteristics and registered rights to the property. It can be received in the form of an electronic document signed with a qualified electronic signature, by e-mail, or in the form of a paper document, which can be received by mail or in person at the center. You can also order delivery of an extract from the USRN by courier (paid service). The method of obtaining the document must be indicated in the application when submitting documents for registration of rights.

Certificates of ownership are no longer issued since 2017.

6. How can I prohibit the registration of rights to my property without my presence?

If you are the owner of real estate, you can apply to make a record in the Unified State Register of Real Estate about the impossibility of state registration of a transfer, restriction (encumbrance), or termination of the right to a property without your personal participation.

In this case, Rosreestr will reject any attempts by third parties to register any rights to your property without giving reasons. Exception: change of rights to real estate based on a court decision that has entered into legal force or the request of a bailiff.

Subsequently, such a record may be An entry in the Unified State Register about the impossibility of state registration without the personal participation of the owner of the property (his legal representative) is canceled on the basis of:

applications from the owner (his legal representative) to withdraw a previously submitted application about the impossibility of state registration;
a judicial act that has entered into legal force;
decision of the state registrar (without an application from the owner or his legal representative) simultaneously with the state registration of the transfer, termination of the ownership right of the specified owner.

">repaid.

7. What should I do if I do not agree with the entry in the Unified State Register of Real Estate?

If there is an entry in the Unified State Register of Real Estate that your property has a new owner, but you do not agree with this and are ready to challenge it in court, you can submit a statement to Rosreestr about whether you have any objections to the registered right to the property.

Such an entry in the Unified State Register will not in any way affect the further registration of rights to this property, but may help reduce the number of subsequently contested transactions.

Over time, such a record may be A record can be canceled without a statement from the previous copyright holder based on a decision of the state registrar in the following cases:

the previous copyright holder did not challenge this right in court;
the body carrying out state registration of rights received a document confirming that the previous copyright holder challenged this right in court simultaneously with the entry into the Unified State Register of Rights of an entry indicating the existence of a claim claimed in court;
the body carrying out state registration of rights has received or submitted a court decision that has entered into legal force and according to which this right has been terminated, the right of another person to the object has been established, or the termination of this right has been denied.

">repaid.

8. Is it possible to complete all the documents necessary for purchasing a home in one package?

From August 1, 2017, at the “My Documents” government service centers, you can draw up documents and receive services that you may need during the process or immediately after purchasing a home, for example:

provision of information contained in the Unified State Register of Real Estate;
conducting an inventory and providing technical accounting information;
address registration of real estate objects: provision of a certificate of identification of the address of a capital construction project;
provision of information and documents on rights to housing facilities registered before January 31, 1998;
disposal of maternity capital;
provision of housing accounting information;
state cadastral registration and (or) state registration of rights;
approval of the reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings and residential buildings and execution by the acceptance committee of an act on the completed reconstruction and (or) redevelopment of premises in apartment buildings and residential buildings.

All of them have the opportunity to receive documents in one package.