The loss of documents for a residential building and land plot can result in the papers ending up in the hands of fraudsters becoming an instrument of crime against property.
Real estate documents should always be carefully stored. Without them, it is impossible to complete any housing transaction. If the money gets lost and falls into the hands of scammers, they can even take the house.
Therefore, it is important to know how to restore documents for a house in 2021 if they were lost.
Is it possible not to restore documents?
If documents for a residential building or land plot are not available, then no real estate transaction will be possible.
The owner will not be able to inherit the house, sell it, rent it out, build new buildings on the site, etc. The owner will not even be able to confirm the location of the site and its size.
There are two types of house documents:
- Supporting documents – certificate of state registration, extract from the Unified State Register of Real Estate.
- Title documents are documents on the basis of which the right of ownership of real estate arose. These include a purchase and sale agreement, a gift, an act of acceptance for operation, a certificate of inheritance, etc.
Specialists from Rosreestr urge people not to panic if they have lost documents for their home. Having discovered missing documents for a residential building, the owner can contact the MFC office. If you still have copies of ownership documents on hand, you need to take them with you.
If it is necessary to renew the contract of purchase and sale of housing
The loss of a home purchase and sale agreement does not mean that the owner may lose the property.
You can resume the documentation of the purchase and sale transaction as follows:
- contact Rosreestr - write an application, pay the state fee;
- contracts before 1996 were drawn up with the help of a notary, we turn to him for restoration;
- contracts from 1996-1998 were drawn up directly with the seller and buyer; we contact one of the parties for a copy of the contract;
- Agreements after 1998, in accordance with the Federal Law “On State Registration of Real Estate and Transactions with It,” are stored in special bodies; for restoration, we contact the archive of the territorial body of Rosreestr.
Procedure in case of loss of documents for a house
Is it possible to restore documents for a residential building if they are lost? Yes, of course, but you need to act correctly.
If the owner has lost title documents, then he needs to know where to start the restoration procedure:
- Apply for the restoration of documents to the authority where the lost document was previously issued to him.
- Publish an announcement about the loss of documents in the media. Indicate that documents with specific details should be considered invalid. To identify a document, you should indicate the number of the lost paper, the area of the house, the cadastral plan, and the address of the site.
- If the document was issued by a notary, then you need to contact him. If the notary has already ceased his activities, then you should contact the state notarial archive to restore the papers. If you need to restore documents not only for the house, but also for the land, then an extract from the Unified State Register should be requested from Rosreestr.
- If for some reason the owner is denied the issuance of duplicate documents for the land, then he needs to apply to the court with an application to recognize the ownership of the house, as well as to establish the fact that the house belongs to a specific person.
Documents for the house and the procedure for their restoration in case of loss
You can restore lost documents for a residential building and the land underneath it if you have an idea of where duplicate documents are issued.
Read below about where and how you can restore documents for your house and land:
- certificate of ownership - issued by the Rosreestr office. To obtain a duplicate, the owner must write a statement about the loss of the document, and also attach his civil passport to it;
- certificate for a land plot issued before 1993 - issued at the registration chamber. A duplicate certificate is not issued; a new document may be issued. To do this, you need to present the documents on the basis of which the right of ownership arose: a purchase and sale agreement, a gift, a certificate of inheritance, etc.;
- a house purchase and sale agreement, gift or other document confirming ownership of real estate. You can obtain such a document from the city archives or from the notary who certified the transaction. Based on the document received, the owner should contact the registration chamber with a request to issue a new certificate of ownership of the plot;
- cadastral passport – the restoration of this document is carried out by the cadastre and cartography department.
The Cadastral Chamber reminds that from July 1, 2021, the issuance of certificates of state registration of rights, including repeated ones, has ceased. Now this document has been replaced by an extract from the Unified State Register of Real Estate.
Therefore, in order to restore legal documents, the interested person should contact the MFC to obtain an extract from the Unified State Register. The applicant can submit a request electronically through the Rosreestr website.
The document production time at the MFC office is 5 working days . If the statement is ordered electronically, then the period is reduced to 3 working days.
Restoration of the certificate of title to housing
This is one of the main documents giving the right to own and dispose of real estate. The Department of the Federal Registration Service was responsible for issuing the state registration certificate.
On July 15, 2021, a new law came into force, according to which the issuance of certificates of ownership will cease.
The same applies to re-issuance of a duplicate. Registration of the emergence and transfer of rights to housing can now only be confirmed by an extract from the Unified State Register of Rights (USRP).
This extract indicates the fact that the state registry authorities have a record of registration of ownership rights, and also indicates the period of ownership of the property at the time the certificate is issued.
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It is advisable to request this document during preparation for the procedure of buying or selling an apartment/house. Since the data is relevant only at the time the certificate is issued (within 30 days, but the more recent the certificate, the better).
The owner can obtain an extract of his rights by sending a request to Rosreestr.
This can be done in two ways: contact the MFC (multifunctional center) or send a request electronically on the Unified State Register website. Let's consider both options.
Certificate of registration of ownership.
Personal appeal to the registration authorities
- Contact the MFC or the territorial office of Rosreestr, presenting your passport and indicating the address of the property.
- Sign the application prepared by the service employee.
- Present a receipt for payment of the state fee (you can receive the form and pay at the cash desk in the same establishment).
- Receive a receipt that lists all the documents accepted from the applicant and indicates the deadline for issuing the completed extract.
- Pick up the finished document on the day specified in the receipt. Show your passport and receipt.
You can receive a completed statement within 5 days. The cost of the service is from 200 rubles.
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Receive statement online
- Go to the Unified State Register website and fill out a request form.
- The form must indicate:
- real estate data (cadastral number and/or address);
- information about the applicant;
- attach documents (if available in electronic form).
- Record the request number generated by the system.
- On the request verification page, enter the received number and click “check”.
- In the window that opens:
- click “enter payment code”;
- enter the code sent to your email;
- Click “proceed to payment”.
- Select a payment method and pay for the service.
- The finished document can be obtained using the method previously selected in the form.
The extract will be ready within 5 working days. The cost of the service is from 150 rubles.
What should you do if all your documents are lost and there are no duplicates even in the archive?
Where to turn if documents for a house are lost, and there are no duplicates even in the archive? In this case, it will be possible to restore the papers for the residential building and land plot only in court.
It is important for the property owner to enlist the support of a lawyer, the testimony of witnesses who can confirm that the owner of the house is a specific citizen, written evidence of the fact of ownership of the house (for example, receipts for payment of utility bills, etc.).
Restoring documents if the owner has died
Sometimes there is a need to restore documents after the death of the owner . This is usually necessary so that relatives can register an inheritance for the property.
If documents for the house are lost, the heirs need to contact the notary who prepared the papers on the right to inheritance. These papers must be sent to the Registration Chamber, and an application must be written on the spot requesting the issuance of the necessary title documents.
You need to have a civil passport, a document confirming your relationship with the deceased, as well as a person’s death certificate.
Land documentation
Restoring land documents is a very lengthy and labor-intensive process, for successful resolution of which you should clearly understand the types of land documentation. It is presented in two categories:
- establishing rights;
- legal certifiers.
Documentation of the title type is basic. Only if it is available, title documents will be issued. State structures dealing with land issues first require the collection of title documents, and after verification of which they require the provision of documents of title type. There are also land papers belonging to the technical category of documentation, which includes various passports and various kinds of official papers. However, recently, documents of this type have increasingly become equated to the category of “certifying rights”. For this reason, it is now customary to divide all land documentation into only two types.
Important points
- If the documents for the house were drawn up between 1991 and 1993, then you need to apply for their restoration to the local government body, which at that time issued the documents. On the spot, the applicant is given a certified copy, with which he needs to send it to the archives of the local administration.
- If the documents were drawn up between 1993 and 1998, then the owner should restore them to Rosnedvizhimost. To do this, he needs to write an application for reinstatement, and then wait for the documents to be issued (the issuance period is 1 month from the date of submission of the application).
- If the papers for the house and plot were issued after 1998, then they can be restored at the Federal State Registration Service. On the spot, a citizen must write an application, pay a state fee, and after a while receive ready-made documents.
- If it turns out that before the death of the testator, any transaction was made with the house or land, then the heirs will have to challenge their rights in court. There you will have to ask the judge to restore your housing documents.
- To prevent the process of restoring documents for the house and land from being delayed in the future (in case of repeated loss of papers), it is advisable to make photocopies of all title and title documents. Such papers must be stored separately from the originals, for example, in a safe deposit box.
- The easiest way to restore documents for a land plot is if the owner has at least one of the following documents on hand: a certificate of the fact of transfer of the plot to the heir, a decision of a judicial authority, a land purchase agreement, etc.
How to restore lost documents for a land plot: what is needed for this?
Restoring documents for a land plot is greatly simplified if you have at least one of the securities presented below:
- a certificate proving the fact of land transfer of the plot as a result of inheritance;
- a verdict of a judicial authority that has legal force;
— contractual documentation in the form of papers on the purchase or sale of land, its exchange, privatization, donation and others;
- state-certified papers in the form of acts, indicating the land allocation of a plot, the process of which was characterized by compliance with the law.
In the renewal process of documentation, it does not matter how the land documents were lost. In any case, you will have to restore them, and it is best to proceed as follows:
1. At the very beginning, it would be optimal to contact government services. Persons vested with land rights after the activation of the relevant law must be sent to Rosreestr, which will issue an extract confirming the right to a plot of land.
2. However, in some cases, Rosreestr may not have the necessary information. In this case, it is necessary to direct the local self-government bodies to which the plot of land belongs. These structures have special committees whose responsibilities include dealing with issues related to land. It is in the archives of the represented committees that all the data on land plots is available.
3. It should be taken into account that obtaining an extract is a paid service, the cost of which can reach 100-300 rubles.
4. A sold application for obtaining the necessary documentation is processed within a five-day period, after which the information will either be provided or denied with an explanation of the reason.
5. It is also worth considering that the documentation received from the BTI authorities is not legal. It can only act as confirmation attached to the main package of documents.
Cost of restoring documents for a house
How much does it cost to restore documents for a house if they are lost in 2021? It all depends on which authority the owner will contact to receive duplicate documents:
- for a certificate or extract from the Unified State Register of Real Estate, the applicant will have to pay a state fee of 350 rubles;
- if it is necessary to restore documents through the court, then the plaintiff will need to pay a state fee in the amount of 2 thousand rubles.
To restore lost documents for a residential building in the event of their loss, you must contact the appropriate authorities: the Office of the Federal State Registration Service, a notary office, BTI (in case of loss of cadastral and technical documents for a house), the local administration.
To restore documents, you can seek help from a specialist - a lawyer, who will tell you where and when to go, what documents to submit to restore title or title documents.
Acquisitive prescription
When a citizen continuously, conscientiously and openly owns someone else’s house for 15 years, he has the right under Art. 234 of the Civil Code to become its owner.
This procedure is carried out by filing a claim in court. The plaintiff can confirm the fact of ownership and use with witness statements, certificates from the village council, receipts (for example, that he carried out repairs and paid for utilities).
Screenshot of an example claim from the site iskiplus.ru
If the decision is positive, the plaintiff submits it along with an application and a document confirming payment of the state duty to the registration authorities.
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Through the court
There are situations when none of the options discussed above are applicable. Then the last option remains - going to court.
For example, a person purchased a house in a village without proper registration and only paid for it. Moreover, there were initially no papers for the property. In this case, a claim is filed to recognize the ownership rights of the original owner (the one from whom the house was bought). And then there are two options:
- contract of sale;
- donation.
In this case, it is important to act together with the previous owner of the home.
Timing and cost
It is impossible to predict exactly how much time and money will be spent on registering a house in a rural area without documents. It depends on the conditions and method of obtaining the right (when it was possible to find title papers or when it was necessary to prove the fact of ownership in court).
Photo: Pixabay/pexels.com
In any case, you will have to pay a state fee (for registering real estate or considering the case in court). It also plays a role whether the applicant himself draws up the paperwork for the house or whether he turns to the paid services of lawyers (real estate agencies).
For example, for registering a house using a simplified form, a state fee of 350 rubles is provided. (clause 24 of article 333.33 of the Tax Code of the Russian Federation).
When preparing documents independently, a person will incur costs:
- land surveying - from 2,000 to 15,000 rubles, depending on the region;
- BTI services - about 3,000 rubles;
- State duty – from 350 rubles.
If the work is carried out by a representative, then a fee for a power of attorney is added (about 1,000 - 1,500 rubles), the price consists of the state duty under Art. 333.24 Tax Code (200 rubles) and technical services. If a citizen turns to an agency, he pays additionally for its work - on average from 30,000 to 80,000 rubles.
Author: Anna Nikolaevna, Lawyer. February 21, 2021.
