Registration of ownership of an apartment: step-by-step instructions, documents, deadlines

Category updated: December 24, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years

Privatization is when municipal/state real estate is transferred free of charge into the ownership of citizens who live in it under a social tenancy agreement or warrant. The main law is the Law of the Russian Federation of July 4, 1991 N 1541-1.

A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, seven days a week for all regions of the Russian Federation) Moscow and the region; 8 (812) 425-62-89 — St. Petersburg and region; all regions of the Russian Federation.

Free privatization has become unlimited. The term limit was abolished by Federal Law No. 14-FZ of February 22, 2017.

I will briefly describe the main points with links to detailed explanations. You cannot privatize an apartment: 1) if one of those registered is against it; 2) if there is an illegal redevelopment; 3) in joint ownership, but only in shared ownership. You can privatize: 1) with debts on utility bills; 2) if there is other real estate owned; 3) only for a minor child; 4) a deprivatized apartment; 5) by proxy. 6) immediately after receiving social employment.

What documents will be required?

First of all, the following is registered in the Unified State Register of Real Estate:

The emergence of rights (ownership) to a property. Let's say, for housing purchased on the primary real estate market (which is secured under an agreement of participation in shared construction).
The fact of transfer of rights to housing from one person to another (regardless of its form). This could be a transaction for the purchase of an apartment (according to the purchase and sale agreement), transfer of residential premises by inheritance, donation, etc.
Liquidation of the rights of the previous owner to the living space. It occurs after the conclusion of the transaction, the seller (owner) has finally transferred the property under a transfer deed, or if the apartment has been destroyed.

At the beginning of 2021, the new Law on State Registration of Real Estate came into force. According to it, it is the registration by the owner of his rights to living space in the state real estate register that is recognized as the only possible confirmation that his rights to living space have actually been registered. Registration of the owner's rights is carried out in the Unified State Register of Real Estate.

Your rights to the apartment are now confirmed by an extract issued by the Unified State Register of Real Estate after registration. This provision applies to both individuals and legal entities. It will also be the title document on the basis of which you can sell, exchange, donate and carry out other transactions with the apartment.

An exception to this rule is situations when the right to own an apartment is inherited. They arise at the time of acceptance of inherited property.

The extract from the Unified State Register contains much more information compared to the document confirming ownership rights before the 2021 changes. The extract itself is issued by the Unified State Register of Real Estate in cases where it is necessary to confirm the fact that a citizen is the owner of this property (for example, before concluding a purchase and sale agreement for an apartment). It comes into force from the moment it is issued to the new owner of real estate (in the MFC or in Rosreestr).

The new register also operates in an electronic system and consists of:

The text part, which contains basic information about the real estate property.
Graphic part (similar to the one in the cadastral passport for real estate).

Please note! The rights to an apartment registered in the Unified State Register (i.e., issued before changes were made to the legislation in 2016) are confirmed by an extract from the Unified State Register, which indicates the date of receipt of the previous certificate. For example, the owner was issued a certificate of ownership of the apartment on September 20, 2008. Now the Unified State Register of Real Estate issues an extract confirming the emergence of property rights on September 20, 2008.

For more information about documents for an apartment, watch the following video:

So, to register ownership of an apartment, an application (in one copy) and title documents (their list is defined in the Federal Law on State Registration of Real Estate) must be submitted to Rosreestr, confirming that you have received (or have been transferred to you) the rights to the apartment for on a legal basis. You need to prepare at least two copies of the title document:

An agreement for any transaction confirming the receipt or transfer of rights to an apartment to you (agreement of donation, transfer, inheritance, purchase and sale, etc.).
An order of state or municipal authorities by which you become the owner of real estate (the main thing is that such administrative acts have already entered into legal force).
Documents confirming your right to receive inheritance (real estate).
Court decision (only the original will need to be submitted for registration).
Evidence that the residential premises have been privatized.

In addition, the parties to the agreement must submit:

Your passports. If the transaction is carried out by an authorized person (representative), he must present a notarized power of attorney.
A receipt confirming the fact of payment of the state fee for registration. Its size is established in accordance with the Tax Code of the Russian Federation - 2,000 rubles for individuals and 22,000 rubles for legal entities.

If the ownership of real estate has been registered with Rosreestr, it can only be challenged in court.

The statement is written:

The owners of the apartment themselves (say, when it is inherited).
Both parties to the transaction (in case of concluding a purchase and sale agreement or donation of housing).

However, starting from this year, it is possible to submit an application and documents to any division of Rosreestr: the list of divisions of the Federal Service for State Registration of Cadastre and Cartography can be found on the official website.

The applicant may be denied state registration of rights to the apartment and the documents returned if:

Errors were identified in the application (it was written in the wrong form, contained incorrect information, etc.), or the authority’s employees were unable to read it.
There are traces of corrections or additions on the application or any document attached to it; the information was written down in abbreviated form, written in pencil, etc.
In the database of the registration service, after 5 days from the date of receipt of documents, there is no information about payment of the state duty (the applicant did not submit a receipt).
The Unified State Register of Real Estate established a ban or restriction on the registration of this apartment (it was arrested, is collateral, etc.).

In addition, from 2021, everyone who wants to register their rights to an apartment can send documents and an application in electronic form (scanned) on the official website of the State Services. In this case, you need to be careful, because in this case there is a high risk of becoming a victim of fraud.

The application can also be submitted by a notary, if the parties to the transaction have drawn up the agreement in notarial form. In this case, two copies of the agreement are also submitted, confirming the emergence or transfer of rights to the apartment from one party to the other as a result of the transaction.

Where can I get an extract from the Unified State Register of Real Estate?

At the MFC or Rosreestr branch . In this case, you will have to visit government agencies several times. First, to leave a request for receipt, and then, after 9 days, to pick up an extract. In addition, you will need to provide your personal data. The certificate will be given to you in paper form.

Using the Rosreestr website. You can also submit an application for an extract online. To do this, you will need to spend several minutes, and maybe hours, in order to fill out a large number of fields with information about your home. And you should expect a ready response in electronic form no earlier than three days later.

Through the EGRN.Reestr service. This is the official partner of Rosreestr. Getting an extract from the Unified State Register of Real Estate is easier and much faster here. The only thing you need to do is indicate the address of the real estate or its cadastral number. And an electronic certificate with all the data will be sent to your email within an hour.

Important! No matter how you receive an extract from the Unified State Register, in any case you will need to pay for it. The paper version will cost from 400 to 750 rubles. And electronic - from 200 to 350 rubles. Price variations depend on the amount of data you want to know.

Step-by-step instruction

Changes in legislation in 2021, according to which since July 2016, owners are not issued a certificate after passing state registration of rights to an apartment, are also in effect this year.

The process of registering ownership of an apartment is regulated by:

Federal Law on state registration of real estate (N 218).
The provisions of the Civil Code.

Some real estate transactions require notarization by law. This is, first of all:

Transactions concerning the alienation of a share from real estate that is in common ownership (including the alienation of a share from common property by each co-owner).
Agreements affecting the disposal of real estate by a citizen who is the guardian of a minor owner.
Agreements leading to the alienation of real estate, one of the owners of which is a citizen under 18 years of age (such transactions will require permission from the guardianship and trusteeship authorities) or a person declared incompetent (or partially incapacitated).

It must be remembered that the notary certifies only the transaction that has been submitted to him for certification at the moment. He does not check previous transactions with the apartment, since he does not have the authority to do so.

Registration of ownership of an apartment is carried out according to the following algorithm:

It all starts with preparing the necessary documents. Their list can be found in the government agency to which you plan to submit them in the future (in the multifunctional center or on the State Services portal).
An application is drawn up and submitted, to which the appropriate package of documents must be attached. In this case, it is better to clarify in advance the procedure and timing for sending documentation, since different authorities have their own characteristics of receiving and reviewing documents (for example, an electronic queue, etc.).
Then the state registration fee is paid at any bank. It is best to keep the receipt.

From 2021, the mandatory submission of a receipt for payment of state duty upon registration has been cancelled. You can submit it (only the original) later than the application and the documents attached to it, or not submit it at all. However, a deadline has been set - no later than five days from the date of receipt of the application, the registration service must receive confirmation that the person registering the rights to the apartment has paid the state fee.

On the specified date, the applicant must visit the registration authority, where he will be issued title documents. If you have received a notification about the suspension of the procedure for registering rights to an apartment, and you need to submit or correct any documents, this must be done within the established time frame. If you are denied registration of rights, you have the right to file a claim in court and appeal this decision in court.

Before submitting documents, they must be bound, all pages must be numbered, and each certificate must be certified by the seal of the organization that issued it.

At the MFC and through government services

Individuals submit a set of documents for state registration of ownership of an apartment through the MFC or government services. In essence, the MFC is an intermediary between Rosreestr and the applicant: its task is to accept documents and transfer them to the registration authority.

Please note that all MFCs operate on an electronic queue basis, but you can make an appointment in advance. The set of documents submitted to the multifunctional center or to the government services portal is almost the same. At the same time, the advantages of filing through the MFC are that:

Bank terminals are installed there, so you can pay the state fee directly when submitting documents.
The center's staff can help you with paperwork and advise you on all your questions.

Apartment in a new building

An apartment in a new building is a property obtained as a result of acquisition on the primary housing market. This means that it is being sold by the developer himself, and no other transactions have been carried out with it before. When registering ownership rights to an apartment in a new building, in addition to the documents listed above, you will need to obtain from the developer:

Technical passport of the premises.
Prepare an acceptance certificate.
Permission to put a building into operation, issued to the developer by local authorities.
A certificate confirming that the house is registered with Rosreestr and it already has a postal address.
A protocol according to which residential and non-residential premises in a given building will be distributed between buyers.

You can protect yourself by filling out and submitting to Rosreestr an application to prohibit registration actions with the apartment by other persons. Having done this, the change of registration can only be carried out in the presence of the property owner.

All of the above documentation is issued at the construction company’s office. In addition, you will need a share participation agreement in housing construction. Without these documents, you will not be able to register ownership of the property.

If the registration of an apartment in a new building has been going on for more than two years, the buyer can file a lawsuit, demanding to speed up the process of obtaining housing.

✅ Legal assistance

The rush to collect documents for privatization often backfires. In a hurry to submit a package, a person may forget about important information. As a result, time is lost and the package is returned back. You definitely shouldn’t act at random - before submitting documents, you need to collect the entire list and check it again. An unprepared person will not be able to do this, and even if he can, it will take him several months. It is much wiser to seek help from a lawyer.

We invite you to take advantage of a free online consultation.
An experienced lawyer will tell you what to do to collect documents, what papers need to be certified by a notary, how long to wait for the result, and is it possible to speed up the procedure? A lawyer will help you assess all the risks and calculate the approximate time for completing documents. By taking advantage of our consultation, you will be sure that privatization will be successful! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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By inheritance

You can become the owner of an inherited apartment only after six months have passed from the date of death of the testator. To register ownership of an apartment, you must first contact a notary, who will review the case, establish all interested parties (based on the Certificate of Inheritance) and other conditions of inheritance. A prerequisite is that there are no claims to the apartment from other parties.

Only after this will it be possible to submit documents to the MFC for registration of ownership of the apartment. It is carried out according to the usual procedure.

In shared ownership

An important difference is that each of the co-owners of the apartment formalizes ownership of their allocated share. Registration of an apartment in shared ownership is different in that all co-owners must determine the size of their shares in the apartment (namely the size of the shares, and not their square footage).

Such information is contained in inheritance agreements, division of apartments, court decisions, etc. The allocation of shares can be carried out either by general agreement or by force. Then registration proceeds as usual.

When selling his share, the owner will first have to offer to buy it to other co-owners, because they have the right of first refusal. Only after their refusal will he be able to offer the share to other persons.

Suspension of registration

Registration of an apartment does not always go smoothly. Rosreestr employees may suspend the procedure. By law, they have this right and a whole list of reasons under which they can press the stop button. Here are the most common ones.

not the entire package of documents has been provided;
the information in them is unreliable or irrelevant;
the apartment has been seized or cannot be sold;
Rosreestr employees did not receive the necessary data that they requested (for example, from a notary or the tax office);
When selling an apartment under a shared participation agreement, the developer did not make contributions to the Compensation Fund for Shared Construction.

In addition, the participants in the transaction themselves can suspend registration. Seller or buyer, or by mutual agreement.

Mortgage apartment

Housing obtained through a mortgage is registered as a property according to the standard procedure, but in this case some restrictions apply. Until the owner pays off the entire loan amount, his rights to dispose of the apartment will be limited:

If the apartment was obtained by the seller (or another person transferring the rights to it) through a mortgage loan, he must obtain permission to carry out the transaction (sale, transfer, etc.) from the lender.
The same applies to the lease agreement.

Terms and cost of registration

The Law on State Registration of Real Estate established the following deadlines for registration:

5 working days from the date of submission to the body involved in the registration of property rights, a court decision, according to which the body is obliged to begin state registration of rights.
7 working days from the date of acceptance by the registration authority of the application and documents attached to it.
9 working days from the date of submission of documentation to the multifunctional center (or 5 working days if a notarial transaction was executed).
3 working days from the date of submission or acceptance by the registration authority of the application and title documents, if: The apartment is transferred on the basis of a notarized transaction.
By right of inheritance.
The spouses register the apartment as shared ownership.

The registration period for an apartment received with a mortgage is 3 working days from the date of receipt of the application and documents at the MFC.

So, registering ownership of an apartment is a mandatory procedure, without which the owner cannot reliably assert and maintain his rights to the property. The timing of registration depends on the basis on which the apartment was received and where the documents for registration were submitted.