The certificate of ownership of the apartment, what it looks like, can it confirm ownership, what information about the apartment can be obtained from this document, photo and sample. Where is a certificate of ownership of an apartment issued? How to obtain a certificate of ownership of an apartment?
Professional realtors know that this document:
- is not mandatory when submitting documents for registration of transfer of rights to real estate;
- does not confirm the right of ownership and is not its basis;
- in 2012, Rosreestr stopped using forms with security when printing the certificate issued to the new owner;
- Later, in July 2021, this paper was completely abolished, replacing it with an extract from the Unified State Register, and later renamed into the Unified State Register.
However, owners who received a certificate before the latest changes still have various options on hand, differing mainly in color - green, pink, yellow.
What is a certificate of ownership of an apartment?
A certificate of state registration of the right to an apartment is a document that, until July 2016, was a mandatory document for filing an application for registration of a transfer of ownership with the Rosreestr body, but since July 15, 2016 it has been abolished and replaced with an extract from the Unified State Register of Real Estate
We register ownership of the apartment
An application for registration of ownership of an apartment is submitted to the registration authority at the location of the housing. You will need:
- applicant's passport;
- a document of title on the basis of which you have the right to own real estate (for example, a certificate of inheritance by law);
- technical passport of the apartment (area of the apartment, number of rooms, material of walls and ceilings, year of construction of the building), issued by the Bureau of Technical Inventory.
An application for registration of property rights is drawn up directly when submitting documents. The sample can be found on the public services portal, information stand at the MFC.
If there are several owners, each of them must receive title documents for the property.
The documents must indicate what share is due to each of the co-owners. However, this rule does not apply to co-owners - spouses, if the apartment or other real estate is registered as common property.
Property valuation
The seller can independently set the price correctly, focusing on the cost of similar real estate for sale. Information of this kind can be easily found with access to the Internet.
A more expensive option is to contact a professional appraiser: in this case, the home owner will either receive an official document - an Appraisal Report, which includes not only the characteristics of the property, but also a market analysis.
When assessing the market value of a house with a plot, factors such as:
- Location: infrastructure development in the area, transport accessibility, environmental conditions, nearby facilities.
- The area of the house and the area of the land.
- The material from which the house is built.
- The presence or absence of communications.
- Year of construction.
- Condition of the house.
- Internal improvements.
- Availability of other objects on the site.
- Land quality, etc.
Documents for an unfinished construction project
The title documents for an unfinished construction project are largely related to the status of the land on which the object is being built. This especially applies to lands intended for personal farming, if they are located outside the populated area. Construction on such land is prohibited, so you will not be able to register the structure, regardless of its degree of completion.
If the category of land is suitable (for example, for individual housing construction), but the house was built by the owner of the land independently, without obtaining permits, you can contact the registration service with an application and a cadastral passport and register ownership of the unfinished house.
If the rights to the land plot have not been formalized, then it is imperative to obtain all permits confirming the reliability of the structure being built, and then go to court to legalize the construction.
We restore documents
If the registration certificate for the apartment is damaged or lost, the owner of the property must contact the authority where the document was previously received.
If the papers were issued before February 1, 1998, you must contact the housing department of the locality where the real estate is located, fill out an application for restoration of title documents (copies of the privatization certificate) and pay the state fee. Execution time: 15 working days.
If the purchase and sale agreement was drawn up in simple written form (this was allowed to be done since January 2006) without certification by a notary, you can contact the authority where the real estate was registered. The archives of the registration service store copies of all documents transferred during the registration of rights to an apartment, including the purchase and sale agreement.
At the territorial office of the Federal Registration Service, you must fill out an application for restoration of the document and indicate the reasons for the loss of the registration certificate. A duplicate of the registration certificate for the property is issued within 30 days. A record of the issuance of a duplicate is made in the Unified Register of Real Estate Rights, and a special mark “In replacement of the lost one” must be placed on the duplicate. At the bottom of the document, a certification inscription is made on the duplicate containing the date and reason for issuing the duplicate, information about the applicant and other important information. The duplicate registration certificate must also include the number of the lost document and the date of its issue.
If the lost contract for an apartment was concluded in a notary’s office, the owner can contact the notary with a statement of loss. After paying for the services, the notary will issue a duplicate to the applicant.
In addition, you can contact the second party to the transaction - the buyer or seller of real estate. This is especially true for those who acquired real estate by concluding a transaction in simple written form between 1996 and 1998, when mandatory notarization was abolished and the law on single registration had not yet entered into force.
If it is impossible to restore the contract, you must contact the BTI to confirm your ownership of the apartment. In addition, information can be obtained from the tax office confirming the payment of income tax by the seller of the property and property tax by the new owner of the apartment.
A lost gift deed or certificate of inheritance can be restored upon application at the registration authority or at a notary's office by submitting an application there.
Lost cadastral or technical documents for a real estate object are restored at the BTI. Please note: if more than 5 years have passed since the date of registration of the technical or cadastral passport, it will be necessary to re-issue the technical passport of the housing.
If BTI employees have not found the original document or its copy in their archives, the owner can file a claim in court to recognize the right of ownership of the property.
If documents for real estate are lost or damaged, the owner must restore them in a timely manner by submitting an application to the same organization where they were received; in addition, you will need a passport or other document proving the identity of the applicant
Finance
If the seller has owned the property for less than three years, he is required to file a tax return in form 3-NDFL and pay tax at a rate of 13%. At the same time, he has the right to a tax deduction, but in an amount not exceeding 1,000,000 rubles, or has the right to reduce the amount of taxable income by the amount of expenses associated with the acquisition of this property.
The buyer also has the right to exercise his right to a property deduction not exceeding RUB 2,000,000. We should not forget that the owner, who becomes the buyer, is the payer of land tax and property tax for individuals.
The cost of assessing an object when contacting a specialized agency will, as a rule, depend on the labor intensity of the process and the remoteness of the object and will amount to at least 6,000 rubles.
When you contact a bank to transfer money, its services will cost from 12 rubles per day.
Checking the legal purity of the transaction when contacting lawyers will cost at least 2,000 rubles. If full support of the transaction is provided, then the cost of such a service will be from 35,000 rubles.
Title insurance will average 0.3% of the insurance amount.
For citizens, the state fee will be 6,000 rubles (2,000 rubles for registering the right to a house and 2,000 for land, 2,000 for registering a contract); for legal entities: 66,000 rubles (22,000 thousand per object, 22,000 for registration of an agreement).
Obtaining an extract from the Unified State Register on paper will cost 200 rubles for citizens and 600 rubles for organizations.
What to pay attention to
Real estate agency employees advise not to neglect checking documents, even if the transaction does not require any evidence.
There may be no certificate of title if the transaction was completed before 1997 (before the advent of Companies House). However, in this case, the title document itself must have a registration stamp.
Always compare the information in the documents and the actual state of affairs: for example, if the seller demolished the house without obtaining permission to reconstruct the house and without terminating ownership of the building, the transaction will not be able to be completed because the documents for the transaction are not ready
Please note that the data specified in the title document and the identity card match. For example, the names Natalia and Natalya are often confused, Daniil can turn into Danila, and the dots above the letter “e” must be written or not written exactly as indicated in the passport - Fedor and Fedor with the same last names can be two different people.
If you find discrepancies, refer to the spelling in your passport. All changes must be made to the title documents.
The second thing that needs to be checked is the absence of encumbrances on the right of use and restrictions on payments (when the property is pledged to a bank or an individual or final payments have not been made to the seller as in the case of installment payment).
Encumbrances can (and should) be removed, for which you need to contact the regional justice authorities with documents confirming the absence of encumbrances. This could be, for example, an act of mutual settlements.
The third thing that needs to be compared is the numbers - the area of the housing or plot, the number of rooms, house and apartment numbers. If the numbers do not match, look at the most recent document by date of issue. If the apartment has undergone redevelopment or the new owner of the land plot, after the surveying procedure, has discovered that its area differs from that indicated in the documents, it is required to make changes to the certificate of ownership of real estate by contacting the registration authority with a document that reflects the latest technical characteristics of housing.
The fourth document that needs to be studied is an extract from the house register (Form 9), which indicates how many people are registered in a given living space and their age. If you are buying or selling a plot of land on which there is only the skeleton of a house, you must obtain an archival extract of the same form.
Trust but check
Many people today, deciding to purchase their own land plot, first carry out work that allows them to become familiar with the legal intricacies of preparing documents for such a transaction. This helps you avoid common common mistakes that lead to losing a large amount of money.
In the courts, you can meet victims who, as an excuse for their illiteracy, insisted that the seller seemed to them an honest person, that he provided a power of attorney certified by a notary to sell the land, that he was a good friend, a distant relative of close friends, so they believed him. These are standard situations in which it is not the fault of the fraudulent seller, but the one who buys and does not know what to check when buying a house with a plot.
Documents that can ensure a safe purchase of land Source kad-reg.ru
Possible controversial situations
When it comes to purchasing suburban housing, the main focus is on whether the seller has the right to own the land and house. But no one checks whether it is correctly drawn up from a legal point of view, whether there is registration of such documents. The most common mistake that subsequently leads to litigation is when, out of ignorance, a person who wants to purchase a country plot accepts the excuse that the seller is not able to present a document confirming his ownership of the land due to the fact that he owns it for life due to inherited gift. The new owner of such land after its purchase will not be able to dispose of the property (sell it or donate it).
The same common mistake is considered to be the moment when the acquirer buys a plot of land on which a house is built without registration. It is considered to be self-built. The new owner will not be able to register it. Only long trials, numerous examinations, and endless ordeals through the authorities will allow this to be done. Practice shows that only a few can withstand this.
True power of attorney for a land plot Source hobbymaniya.ru
A pure fraud scheme – the sale of a land plot under a fake power of attorney. This is the most typical situation that a buyer of a country home may encounter. Experienced lawyers always check whether the principal exists in real life, whether the power of attorney he provides to the potential buyer is carried out according to documents certified by a notary. That is why carrying out a purchase and sale transaction with the help of a law firm is considered the safest. If you have decided to buy land yourself without the help of specialists, you need to know what documents to check when buying a house with a plot of land.
See also: Catalog of the most popular sites in the Moscow region for the construction of suburban housing.
Safety precautions
Real estate is expensive, so it is worth taking precautions that will significantly reduce the risks of the apartment owner.
- Keep title documents in a safe place.
- If you need real estate documents to fill out any documents (for example, a tax return) or when showing an apartment or house to a potential buyer, it is better to work with copies rather than originals.
- Copies of documents must be made only in your presence (or in the presence of an authorized representative).
- If for some reason you have lost your documents (especially if you have become a victim of theft), you must immediately report this to the registration authority and contact the police with a corresponding statement.
In addition, it is worth going to court with a request to prohibit any transactions with real estate for which the title document has been lost or stolen. This is necessary in order to prevent attackers from using lost documents for illegal purposes.
