State cadastral registration and registration of rights. New procedure and rules for registering real estate Place and timing of registration of rights

Last update: 06/28/2018

Registration process apartment purchase and sale transactions represents state registration transfer of ownership for an apartment in Rosreestr, with the corresponding entry being entered into a unified database of real estate rights throughout Russia - Unified State Register(since 2017 - EGRN).

To better understand what's what, let's give a few key definitions.

Unified State Register of Rights to Real Estate. This is an electronic database into which all information about existing ( valid) and discontinued rights to real estate, information about copyright holders, and existing ones. Administrative and technical data about the real estate objects themselves are also stored there - their addresses, purpose ( residential/non-residential), data on the area of ​​premises, etc.

Unified State Register based ( put into effect) January 31, 1998, and placed under the control of the federal body - "Rosreestr". Before this date registration took place in local governments and territorial ones.

Since 2017 Unified State Register database merged with GKN base (State Real Estate Cadastre), and created unified database of the Unified State Register of Real Estate.

EGRN - Unified State Register of Real Estate. This system combined rights registration system (USRP) And real estate accounting system (GKN) into one common database.

"Rosreestr"(aka Registration Chamber) - full official name: Federal Service for State Registration, Cadastre and Cartography. This is the parent organization of federal significance. Its territorial bodies are represented in each subject of the Russian Federation in the form Departments of Rosreestr (UFRS) and branch offices 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). In particular, it is defined here registration procedure ownership rights to the apartment, and procedure for recording technical data about the apartment in State Real Estate Cadastre (GKN).

FKP - Federal Cadastral Chamber- structural unit UFRS, which actually deals registration of rights and real estate transactions (performs technical work), and also leads cadastral registration all real estate objects ( incl. unfinished construction projects), making accounts in Unified State Register And GKN, respectively.

After creation unified real estate register EGRN, citizens have the opportunity to submit one application for two operations at once - to carry out registration of rights and for holding cadastral registration . Otherwise everything remains the same ( More details on the Rosreestr website -).

On registration of apartment purchase and sale transactions

According to the law ( Clause 6, Article 1 Opens in a new tab.">FZ-218 dated July 13, 2015 - “On state registration of real estate”) all transactions with apartments are subject to mandatory state registration- i.e. data on the transfer of ownership from the Seller to the Buyer as a result of the transaction are entered into the unified Rosreestr database ( EGRN).

Moreover, since 2013 registration real estate - . The only fact fixing the deal with the apartment on secondary market, only left registration of transfer of rights. In other words, Apartment purchase and sale agreement (APA) now comes into effect from the moment of its signing parties, and passes to the Buyer from the moment of state registration transfer of rights.

At the same time ( upon transfer of rights) is registered new ownership now to the Buyer.

Despite this, the concept remains in common use on the market - “ Registration of an apartment purchase and sale transaction", although it now means precisely registration of rights and transfer of rights according to the deal. At the same time, during the registration process, on PrEP they are still installed registration seal and stamp, indicating that transfer of rights under this agreement took place.

List of documents for registering a transaction for the purchase and sale of an apartment depends on the specific situation - for example, whether the transaction is registered on "primary" or on "secondary", what type of contract is for the existing ownership of the Seller, the Seller, whether he is among the owners or not, etc.

In this regard, there are a number mandatory documents for all situations, and additional documents - for special cases.

Not to be confused registration of rights of claim for an apartment in a building under construction on, and registration of property rights for a finished apartment ( which can be both on the primary and on).

Specific lists of documents for registration of transactions for the purchase and sale of apartments indicated in the corresponding steps INSTRUCTIONS (follow the links - separately for each case):

PRIMARY MARKET:

• Registration of claims to an apartment in a house under construction (new building) - documents
  On primary rights of claim are registered either upon registration DDU share participation agreements (if the apartment is purchased directly from the Developer), or upon registration Agreements for the assignment of rights of claim under the DDU (if the apartment is purchased from a shareholder or co-investor of the construction).
  In the first case, registration DDU can do both Developer, and the shareholder himself; how this happens is described here -.
  In the second case, the participants themselves collect the documents transactions on assignment of rights , and a list of these documents is presented here -.
• Registration of ownership rights to an apartment in a built house (new building) - documents
  Here the package of documents, as a rule, also forms Developer. He also handles registration. property rights for newly built apartments. But the Buyer can do this on his own: how to do this is described in INSTRUCTIONS for the Buyer here - .

SECONDARY MARKET:

• Registration of property rights when purchasing an apartment on the secondary market - documents
  Here is the contents of the package of documents for registration differs from the composition of the package of documents apartments. In the first case, we have the documents necessary to complete registration actions, and in the second case, we have the documents that the Buyer personally needs to confirm legal information about the apartment, its owners and users. Both lists of documents can be seen at the corresponding steps INSTRUCTIONS for the Buyer here:
  — ;
  — .
• Registration of property rights when selling an apartment on the secondary market - documents
  Here is a list of documents for registration - the same as when buying an apartment on the secondary market. Here is a general list of documents to check the “legal purity” The apartments may be smaller. The point here is in the placement of emphasis: if the Buyer turns out to be not very demanding, then the Seller can get by with a minimum set of documents that are necessary only for registering the transaction. This is discussed in more detail in INSTRUCTIONS for the Seller here - .

Directly for registration for an apartment purchase and sale transaction, the list of documents is slightly smaller than the one that is usually required from the Seller by other participants in the transaction - Buyer, realtors, notary, bank, etc. To register, you do not need a complete list, but only the essentials ( see video about it below).

By the way, since July 2016, new apartment owners ( For more details, see the link).

Amount of state duty for registration of rights is 2,000 rubles for individuals. Current price tags for state duty can be checked on the website Rosreestr - .

Where to submit documents to register a transaction with an apartment?

In Moscow, to register a transaction with an apartment, Sellers and Buyers submit documents to multifunctional public service centers (MFC) “My Documents”. Registration is also possible by phone or online. You can also clarify there composition of the package of documents to register ownership of an apartment.

Local branches of the Federal Registration Service in Moscow have not worked with individuals since 2014. ( confirmation -)

In other regions of Russia for registration of a transaction with an apartment (For registration of rights and transfer of rights for real estate), you can contact them as if they were local MFC "My Documents", and directly to territorial offices and receptions of Rosreestr.

In addition, Rosreestr provides on its website the opportunity to submit an application for registration of rights and transfer of rights - via the Internet (see link below).

The centers themselves MFC "My Documents" do not register transactions of purchase and sale of apartments. The MFC is just a convenient intermediary between the parties to the transaction and Rosreestr. Moreover, documents can be submitted not only to the MFC at the location of the apartment, but also to any other MFC, even in another city.

Employees are obliged just accept documents for registration, but are not required to carry them out legal expertise (those. they are not checked for authenticity and correctness of execution). This means that there may be cases of incorrectly prepared documents ( errors in contracts, lack of information in the package of documents, etc.), which lead to suspensions/delays in registration, or even registration refusals (see below about this).

To avoid this, it is better to contact ( which can then submit this package to registration ).

In particular, deadlines for registering ownership of an apartment make up ( from January 1, 2017):

• for apartments V simple writing= 7 working days;
• For Sales and purchase agreements (SPA) apartments in = 3 working days;
• For Equity Participation Agreements (EPA) in construction = 7 working days;
• For Mortgage agreements apartments = 5 working days.

At the same time, you need to keep in mind that if documents for registration are submitted through, then terms increase by about 2-4 days due to the time it takes to deliver documents from the MFC to the registration authority and back for issue.

This data from the state real estate register is the main and only evidence - who owns what and on what basis . Therefore, any verification of documents when purchasing an apartment usually begins with ordering such Extracts.

Order Extract from the Unified State Register of Real Estate possible both on the Rosreestr website and on our website - ( via the built-in Rosreestr API service).

"SECRETS OF A REALTOR":

The rules and sequence of preparing a transaction for the purchase and sale of an apartment - on the interactive map. Opens in a pop-up window."> "STEP-BY-STEP INSTRUCTIONS" (will open in a pop-up window).

How long to wait from the moment of filing documents - have the deadlines for registering property rights changed?

Service delivery times have been reduced. In the case of filing one application for registration of rights and cadastral registration, both actions are carried out simultaneously within 10 days. If the applicant applies for one of these services, then registration of rights will be carried out within no more than 7 days, and cadastral registration - no more than 5 days. If you contact the “My Documents” multifunctional center, the period for providing the service is extended by 2 days.

The new law also provides for a reduction in the time it takes to obtain an extract on a property. Information from the Unified State Register can be obtained within 3 days. The procedure for obtaining information from the Unified State Register of Real Estate does not differ from the existing procedure, that is, any interested person can request from it publicly available information about a property in a way convenient for him.

Is it possible to submit documents for registration without registering the property with the cadastral register?

In accordance with the law, registering an object with cadastral registration is a prerequisite for registering ownership rights to it. Exceptional cases when it is permissible to register rights without registering an object for cadastral registration are determined by the law “On State Registration of Real Estate”.

This happens, for example, in cases where a piece of real estate, information about which is already contained in the Unified State Register, is sold, purchased, donated, or an encumbrance is placed (or removed) on it.

Cadastral registration without registration of rights is also possible in exceptional cases determined by law. For example, in connection with the termination of the existence of a real estate property, the rights to which are not registered in the Unified State Register of Real Estate (USRN), or in connection with a change in the main characteristics of the real estate property.

What fundamental innovations have appeared in the procedures for registering rights and accounting?

The innovation of the legislation is that citizens now have the opportunity submit one applicationto conductregistrationAndrights and cadastresWowaccountingand in relation to the same object. In this case, both actions will be performed simultaneously.

This is very convenient, especially in the case of land plots. For example, if the owner of a land plot does not sell it entirely, but a certain part. Previously, in order to sell, he had to either sell a share in the right to a land plot, or first allocate a part of his plot (carry out land surveying, register it with cadastral registration), and after registering part of the land plot with cadastral registration and making changes to the Unified State Register, sell the resulting part land plot. Now it is enough to allocate a certain part of the land plot by surveying it, and, together with the prepared boundary plan and purchase and sale agreement, submit documents for registration of the transfer of rights and cadastral registration.

What documents do I need to collect to apply for property registration?

To carry out registration of rights and cadastral registration, you must submit an application and a package of documents. The list and form of required documents can be found on the Rosreestr website.

Sample list of documents:

Application for registration of property rights (filled out by an employee of Rosreestr or MFC);

Document basis for the transfer of ownership (Agreement of purchase and sale, gift, exchange, Court decision and others);

Power of attorney for representatives (when submitting documents through representatives);

Receipt for payment of state duty (2 thousand rubles for individuals, 22 thousand rubles for legal entities);

According to the new law, Rosreestr independently requests the constituent documents of the legal entity that has applied for registration of the object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.

The exact list of documents depends on the type and subjects of the transaction.

How has the procedure for submitting documents for registration changed?

The procedure for state registration of rights and cadastral registration for applicants and right holders has not become more complicated. Registration of rights and cadastral registration of real estate is carried out in the same manner as before January 1, 2017.

The new law provides for several ways to receive services: electronically, as well as in person at the office of the Federal Cadastral Chamber of Rosreestr and the “My Documents” multifunctional center.

In addition, you can receive documents under the new law remotely by courier delivery. To use this method, you need to make a special mark in the application at the time of submitting documents. In this case, the finished documents will be delivered to the property owner at any place and time convenient for him.

The changes affected the procedure for submitting documents for cadastral registration of real estate. If previously any person could submit an application for registration of a real estate property, now the new law establishes a list of persons, based on whose applications real estate objects will be taken into account and the rights to them will be registered.

Yes, according to the provisions of the law an application in relation to a created (i.e. constructed) property can be submitted by the owner or other legal holder of the land plot on which such a property is located.

An application for cadastral registration or state registration and the necessary documents, as before, can be submitted:

In paper form - in person (to Rosreestr, through the MFC, at an on-site reception) or by mail (to Rosreestr);

In the form of electronic documents - through a single portal of public services or the official website of Rosreestr.

New rules for registering real estate from 01/01/2017 are established by the Law “On State Registration of Real Estate” dated 07/13/2015 No. 218-FZ (hereinafter referred to as Law No. 218-FZ), designed to replace the Law “On State Registration of Rights to Real Estate...” dated 21.07. 1997 No. 122-FZ (hereinafter referred to as Law No. 122-FZ). Let's look at the innovations in more detail.

Changes that came into force in 2016

We entered 2016 with changes to the state registration of real estate established by the Law “On Amendments to Certain Legislative Acts” dated December 29, 2015 No. 391-FZ. This law supplemented the then-current Law No. 122-FZ with the following cases of mandatory notarization of transactions:

• on the sale of a share in the right of common ownership to a third party (clause 1, article 24);
• sale of land share (clause 3 of article 24.1);
• sale of real estate under conditions of guardianship or trust management, as well as property of minors and incompetents (clause 2 of article 30).

New rules for registering real estate in force in 2016

In mid-2016, a number of other changes occurred:

• The Law “On Amendments...” dated June 2, 2016 No. 172-FZ expanded the range of transactions on the alienation of common ownership of real estate that require notarization. This included all such transactions, including transactions on the sale of their shares by all property participants under one transaction.
• The Law “On Amendments...” dated July 3, 2016 No. 351-FZ abolished notarized registration of transactions for the sale of land shares.

Thus, we entered 2017 with the mandatory participation of a notary:

• in the sale of shares in common property (clause 1, article 42 of law No. 218-FZ);
• sale of real estate under conditions of guardianship or trust management, as well as property of minors and incompetents (clause 2 of article 54 of law No. 218-FZ).

Another innovation of 2016 was the abolition of state registration certificates of rights (Law “On Amendments...” dated July 3, 2016 No. 360-FZ, which came into force on July 15, 2016). Now state registration of rights is confirmed by an extract from the register of rights. The same provision is contained in Art. 28 of Law No. 218-FZ.

Changes in state registration of real estate since 2017

Law No. 218-FZ made many changes to the existing state registration procedure. Let’s systematize and consider the innovations in more detail. So, the new procedure for registering real estate provides for such innovations as:

• creation of a new USRE, combining the previously existing USRE and State Property Committee;
• the possibility of simultaneous registration of a real estate property with cadastral registration and registration of rights to it;
• changing the procedure for submitting documents for state registration;
• reducing the time required for registration actions;
• recognition of parking spaces as real estate;
• changing the grounds and timing of suspension of state registration;
• emergence of grounds for refusal to accept documents;
• increase in state duty for issuing extracts and copies of documents from the register.

Let's look at each of the innovations in detail.

Unified State Register of Real Estate

USRN is a collection of reliable and systematized information:

• about registered real estate objects;
• recorded rights to such property;
• the grounds for the emergence of such rights;
• owners and other rights holders of property.

This definition of the Unified State Register is given in Part 2 of Art. 1 of Law No. 218-FZ.

In addition to the fact that this register combines the Unified State Register and the State Property Committee, several more innovations have been introduced:

• The register is maintained in electronic form (except for register files that contain written documents of the applicant).
• The register of boundaries has been expanded. In particular, boundaries of forest areas, gambling zones, hunting grounds, etc. will be added.
• The concept of a duty cadastral map has been introduced. Such cards are intended exclusively for internal use by Rosreestr employees. Unlike public ones, they contain the boundaries and numbers of parts of land plots, buildings and structures.

New procedure for registration and registration of real estate

Law No. 218-FZ introduced significant changes to the procedure for submitting documents:

• An obligation has been introduced for the registration authority to independently request from the tax inspectorate the constituent documents of the legal entity - the applicant (Clause 9, Article 18 of Law No. 218-FZ).
• It has become possible to send documents through an authorized person of the registration authority during an on-site reception, and at the end of the registration process they can be delivered by a courier, however, these services are paid (clause 1 of Article 18, clauses 19, 20 of Article 29).
• An application for state registration can be submitted to any division of the registration authority or MFC, regardless of where the property is located (clause 2 of Article 18).
• The procedure for state registration of rights arising from an act of a government agency has been simplified (the body that adopted the act independently sends documents for registration no later than 5 working days from the moment the right or encumbrance arises (clause 2 of Article 19).
• Only 1 original document providing the basis for the emergence of rights on paper is submitted for registration. The second copy remains with the applicant and is not returned after registration, as was before (clause 5 of article 18).
• When submitting documents by mail, in addition to notarization of the signature on the application, it is necessary to have the power of attorney and the transaction itself certified by a notary (Clause 12, Article 18).

Law No. 175-FZ dated July 1, 2018 introduced amendments to Law No. 218-FZ. They simplify the registration of newly created objects under shared construction agreements: now there is no need to attach a project declaration, as well as a construction permit, to the application for cadastral registration and registration. For the purposes of Rosreestr, both documents are taken from the unified housing construction information system.

Deadlines for registration actions

Let us recall that Law No. 122-FZ contained the same period for registering objects for cadastral registration and state registration of ownership rights - 10 working days (hereinafter - w.d.).

From January 1, 2017, Law No. 218-FZ provides the following deadlines for registration actions:

• Registration of a property for cadastral registration is carried out within 5 rubles. d. when submitting an application directly to the registration authority and 7 rubles. d. when applying through the MFC;
• State registration of property rights - within 7 and 9 rubles. d. accordingly;
• simultaneous completion of 2 listed actions will take 10 and 12 rubles. d.

The deadlines for state registration of rights based on notarized transactions will remain the same - 3 rubles. d. or 1 rub. d. subject to sending documents by a notary in electronic form. Submitting such documents through the MFC will increase the period to 5 rubles. d.

Registration of parking spaces

The Law “On Amendments...” dated July 3, 2016 No. 315-FZ introduced the concept of “car space” into the Civil Code of the Russian Federation. The parking space is now included in the list of real estate. To acquire the status of real estate subject to state registration, it must meet the following criteria:

• intended for parking a car;
• be located in a building;
• be not limited or partially limited by the building structure;
• have clearly defined boundaries.

Previously, it was possible to legalize a parking space only in the form of a share in the right of common shared ownership, which caused such difficulties during the sale as:

• the need to comply with the pre-emptive right of co-owners, i.e. the opportunity to sell to a third party arose after 1 month from the date of a written offer to sell the parking space to other owners (clause 2 of Article 250 of the Civil Code of the Russian Federation);
• the need for mandatory registration of such a transaction by a notary (Clause 1, Article 24 of Law No. 122-FZ).

Clause 3 art. 6 of Law No. 315-FZ dated 07/03/2016 establishes that for the allocation in kind and state registration of ownership of a parking space, it is necessary to submit a document drawn up by the co-owners, establishing the procedure for using real estate, which is in common shared ownership.

Innovations in refusal and suspension of state registration

In the rules governing the refusal of state registration and its suspension, we highlight the following changes:

• there is only 1 reason for refusing to accept documents - failure by the person personally submitting an application for state registration to provide an identification document (Clause 15, Article 18 of Law No. 218-FZ);
• there is 1 reason for refusal of state registration - failure to eliminate the reasons that served as the reason for suspension (Article 27 of Law No. 218-FZ);
• 60 grounds for suspension of registration actions have been identified (clause 1, article 26 of law No. 218-FZ);
• the suspension periods have increased from 1 month at the initiative of the registrar and 3 at the initiative of the applicant to 3 and 6 months, respectively (clause 2 of article 26, clause 1 of article 30 of law No. 218-FZ).

State duty

The state fee for registration actions has not changed. You can learn about its size from our article State duty when selling an apartment. The fee for issuing extracts from the register and copies of documents has increased significantly:

• The state duty for the most frequently used extract from the Unified State Register of Real Estate on paper containing publicly available information is 750 rubles for individuals and 2,200 rubles for legal entities. An electronic document will cost 300 rubles. and 600 rub. respectively;
• The state fee for an extract from the Unified State Register on paper confirming the incapacity of the copyright holder is 950 rubles. in electronic form - 400 rubles;
• The state duty for a copy of a document contained in the registration file and expressing the content of the transaction is 300 instead of the previous 100 rubles.

These are the main changes in real estate registration that have occurred recently. It seems that they were not the last. It is worth noting that the process of state registration of real estate is becoming easier and faster.

In order to confirm your right to own these categories of property, you must go through the procedure of registering it with the state Real Estate Register.

This procedure subject to such real estate transactions:

From this year it is carried out new procedure for registering property rights to real estate.

The main aspects that secure the rights of citizens to acquire real estate ownership are reflected in Housing and Civil Codes Russian Federation.

In addition to them, the main document that streamlined the actions during the registration of real estate, until January 1, 2017, was Federal Law No. 122. However, in 2015 a new Law No. 218-FZ “On Real Estate Registration”, it began operating at the beginning of this year.

The new law simultaneously regulates issues of real estate registration and that were previously enshrined in law “On cadastral activities”.

Under the new law, the registration process is much simpler and faster. This is primarily due to the unification and creation general register of the Unified State Register and state cadastre. Now all these processes are carried out by one body - Rosreestr.

The entire sequence of actions is determined by a special Administrative regulations of the Federal Service for Registration, Cadastre and Cartography, which is approved by order No. 789 of the Ministry of Economic Development Russia.

Methods

Until recently, in order to register a property, it was necessary to contact the regional body of Rosreestr or cadastral registration where the property to be registered is located. The rules have changed since this year.

Now register real estate can be done in several ways at once, and regardless of the territorial location of the owner and his property.

Even if you live in Moscow and purchased real estate in another region of the country, for example in Smolensk, there is no need to go to this city to register your rights. Thanks to a common electronic database - Unified State Register of Real Estate, you can apply at any registration service branch . Since the new year, documents for real estate transactions have been accepted and Multifunctional public service centers .

Another convenient method that has recently become available can be used by those who have been using it for a long time and with pleasure. electronic services . You can now apply online. This can be done directly on the Rosreestr website in the “Electronic Services” section. After following the link, you will need to select the desired service and complete all the steps that the system prompts.

The application can be submitted in any convenient way either by the owner personally or through a notary.

Procedure

Registration of rights to real estate takes place in several stages:

Under the new rules, property certificates will no longer be issued.

Ownership is confirmed only if available extracts from the Unified State Register of Real Estate. When selling an apartment, you will again need to provide an extract; in this case, only the owner can request it. You can order an extract online and print it yourself after receiving it; another way is to apply for an extract at the MFC. Its preparation takes three working days. It contains complete information about the owner, as well as about the property itself, including general information about it, its schematic representation, existing encumbrances, if any, and exact coordinates.

The registration of the extract is taken care of pay: from individuals – 750 rubles, for legal entities – 2200 rubles. – for a certificate received from the MFC; for the electronic version you will need to pay 300 and 600 rubles to individuals and legal entities, respectively.

Required documents

Registration of rights to real estate is carried out on the basis of an application and a thorough analysis of all documents submitted to the Rosreestr authorities.

Real estate transactions can be carried out and recorded in simple writing or notarized. Some of them can only be certified by a notary (for example, alienation of shares in common property; if minors are involved in the transaction, or it is executed under the terms of the guardianship authorities). Each case will require its own set of documents.

For registration, for example, ownership of apartments will be required:

To register land plots, you will need a plot diagram, and other acts and evidence of cadastral analysis.

Separate documents will be required for legal entities when registering real estate. You can learn more about the documents for each individual case of registering ownership of real estate on the Rosreestr website or at the MFC.

Deadlines

The law establishes the deadlines within which all actions to register property must be carried out.

Depending on the nature of the transaction and how the application is submitted, this may take from five to 12 working days:

Separate deadlines are established by law for procedures that are carried out based on judicial acts and documents for registration of rights to inheritance, etc.

The shortest terms - 3 working days installed for the following cases:

• notarized transaction;
• if there is a certificate of transfer of real estate by inheritance;
• if there is a certificate of each spouse’s share in the common property;

If property acquired in is registered, the registration period cannot exceed 7 working days. In this case, you can submit an application only through the MFC.

Any failure to comply with registration deadlines is considered the responsibility of the registrar. After 2020, if Rosreestr authorities delay this procedure, the applicant has the right to demand compensation from the registrar.

Price

Service for registering ownership of real estate turns out to be free.

The applicant is obliged pay only the state duty (tax), without which the transaction will not be registered. Its amount is established by the tax code.

This year it is 2000 rubles for individuals and 22 thousand for legal entities.

Starting this year, applicants do not need to provide a receipt for payment of the fee when submitting documents for registration. Employees of Rosreestr authorities can independently check in the database whether the fee has been paid. However, to avoid any difficulties when submitting documents, we advise you to keep and take the receipt with you, since the new system is just starting to operate and has not yet been fully developed.

For information on the new rules for registering real estate as a property, watch the following video: