Application for state registration of transfer of ownership

State registration of transfer of ownership

The transfer of ownership of a real estate property, as well as the emergence, limitation or termination of such a right, is subject to state registration (clause 1 of Article 131 of the Civil Code of the Russian Federation).
The procedure for carrying out this procedure is defined in Art. 29 of the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ (hereinafter referred to as Law No. 218-FZ).

The applicant submits a set of documents to Rosreestr, which includes:

Application for state registration (clause 1 of article 18, subclause 1 of clause 1 of article 29 of law No. 218-FZ). In some cases, the transfer of rights can be registered without such a statement, for example, as a result of foreclosure on such property by the mortgagee, etc. (Clause 3, Article 50 of Law No. 218-FZ).
Documents - grounds for entering information into the Unified State Register of Real Estate (Article 14 of Law No. 218-FZ), for example, a purchase and sale agreement, a gift agreement.
Identification documents of the applicant, as well as documents confirming the authority of the applicant’s representative (clauses 4, 8, 9 of Article 18 of Law No. 218-FZ).
The title document for the property.
Other documents - depending on the specifics of a particular transaction (including a decision to approve a major transaction, the consent of the spouse, permission from the guardianship and trusteeship authorities, etc.). See, for example, “Documents for registering ownership of an apartment.”

Note! Rosreestr has no right to require additional documents from the applicant.

In the ConsultantPlus guide you will find answers to any questions regarding the state registration of real estate rights. If you do not yet have access to the ConsultantPlus system, you can register for free for 2 days.

News

The Federal Service for State Registration, Cadastre and Cartography (Rosreestr) recalls that on August 13, 2021, a law came into force aimed at ensuring the protection of the rights of citizens when registering real estate transactions using an enhanced qualified electronic signature (ECES).

According to the new law, in order to conduct electronic transactions on the alienation of real estate owned by them using UKEP, citizens must submit in person or send by mail to Rosreestr an application about the possibility of carrying out such actions. The application must be drawn up on paper with the personal signature of the owner of the property.

An application for the possibility of registering the transfer or termination of rights on the basis of documents signed by the UKEP can be submitted by the owner simultaneously in relation to all of his real estate objects or any of them (a separate application is filled out for each of the real estate objects).

When Rosreestr receives an application from a citizen about the possibility of registration on the basis of documents signed by his UKEP, a corresponding entry is made in the Unified State Register of Real Estate. The absence of such an entry in the Unified State Register will result in the return without consideration of the electronically submitted application for state registration of the transfer or termination of ownership of the relevant property, except in cases provided for by law.

In particular, making a mark in the Unified State Register is not required if the electronic signature was issued by the Federal Cadastral Chamber of Rosreestr, when making transactions in notarial form and submitting documents for registration by notaries, as well as submitting documents for registration by authorities or local self-government. A special application from the owner is also not required if the parties to the real estate purchase and sale agreement, when submitting an electronic package of documents, use information technologies for interaction between credit institutions and Rosreestr.

Rosreestr also reminds that each property owner can submit an application to Rosreestr stating that transactions with the property owned by him can only be carried out with his personal participation. When submitting such an application, a corresponding entry will also be made in the Unified State Register.

The presence of such an entry in the Unified State Register is the basis for the return without consideration of an application submitted by another person (who is not the owner of the property or his legal representative) for state registration of the transfer, restriction (encumbrance), or termination of the right to the relevant property.

Both types of applications can be submitted when contacting a multifunctional one (extraterritorially - in branches of the Federal Cadastral Chamber of Rosreestr). Such applications can also be sent by mail, having first certified your signature on them by a notary.

At the MFC, the operator will help you draw up applications in the prescribed form. Applicants can also pre-fill the application form themselves.

Application samples:

Sample of filling out the Application for the possibility of registration based on documents signed by UKEP
Sample of filling out the Statement on the impossibility of registering the transfer, termination, restriction of the right and encumbrance of a real estate object without the personal participation of its owner

Rosreestr also draws attention to the fact that the owner can submit both types of statements to Rosreestr: about the impossibility of conducting real estate transactions without his personal participation (both citizens and organizations) and a statement about the possibility of conducting real estate transactions using his UKEP (citizens).

Registration and submission of an application for transfer of ownership ()

An application for the transfer of ownership rights is completed by filling out a unified form approved by Order of the Ministry of Economic Development of Russia dated December 8, 2015 No. 920 (hereinafter referred to as Order No. 920).

A sample of such a form can be downloaded from the link: Application for state registration of transfer of ownership - sample.

Important! During state registration of the transfer of ownership, statements are submitted by both parties to the transaction.

All details included in the application are required to be filled out. The application filled out electronically must be signed with the applicant’s enhanced qualification signature (clause 2 of Order No. 920).

Risks! If the application is not signed, then the entire set of documents will be returned to the applicant without consideration (Clause 5, Article 25 of Law No. 218-FZ).

As a rule, one application is submitted for one property. But in some cases, one application is filled out for several real estate objects, for example, when registering rights to all formed objects (clause 3 of order No. 920).

We recommend! When filling out the application, details 10 o. In this case, the applicant will be able to receive an email notification of the suspension or refusal of state registration of the transfer of rights, which helps save his time if there is a need to correct errors.

What should I include?

Information confirming the right to transfer ownership of real estate must be attached:

documents identifying the applicant (passport, birth certificate, etc.);
basis for registration (DCT, certificate of inheritance, privatization agreement, etc.);
title document (if available - certificate of ownership, USRN certificate);
an extract from the house register and a certificate from the housing and communal services;
receipt of payment of state duty;
additional certificates in connection with various circumstances (mortgage agreement, permission from the guardianship and trusteeship authority, etc.).

Help: All information is provided in its original form. Copies are not permitted.

Application methods

An application for state registration of a right can be submitted in one of the following ways:

Personally to the department of Rosreestr or MFC.

Note! You can submit an application to any branch of Rosreestr or MFC, regardless of the location of the property (Clause 2, Article 18 of Law No. 218-FZ).

To an authorized employee of Rosreestr during an on-site reception.
By post with a description of the contents and notification of delivery. At the same time, the authenticity of the signature on the application, as well as the transaction with the property itself, must be certified by a notary (Clause 12, Article 18 of Law No. 218-FZ).
Through the Gosuslugi portal or the Rosreestr website. The application is filled out according to the form provided with scanned documents attached.
Through a notary, if the transaction was certified by a notary and the parties do not object. The notary must submit documents to Rosreestr before the end of the working day (Article 55 of the Fundamentals of the Legislation of the Russian Federation on Notaries).

Where to get it?

This form is a form established by Order of the Ministry of Economic Development of the Russian Federation No. 920, which is the same for both individuals and organizations. It can be submitted to the registration authority both in paper and electronic form, if the person has an electronic digital signature.

Rosreestr

You must first register for registration. This can be done by phone or online, through the official website or the State Services portal.

Personally. The form, upon personal application, will be issued to the applicant by Rosreestr specialists.
Important! In this case and in the case of an application to the Multifunctional Center, it is not necessary to fill out Requisite 13. All information, the list of which should contain this item, will be reflected in the receipt issued by Rosreestr or MFC employees.
Online. The application form can also be obtained on the official website of Rosreestr in the “Document Forms” section.

MFC

The application template can also be issued at the MFC. However, there will be slight differences when filling out:

The “Specialist Mark” is filled out by a Center employee, as is Requisite 2.
The method of obtaining documents from the MFC is selected in the application only if all registration actions are carried out through the specified authority.

Result of request processing

Making an entry in the Unified State Register of Real Estate

Making an entry in the Real Estate Register means that the registration of ownership has been successful. One copy of the basis document for the apartment and an extract from the Unified State Register of Real Estate, which will indicate the new owner of the property, are returned to hand.

Refusal

Refusal to register a right is regulated by Art. 27 Federal Law No. 218 “On state registration of real estate”.

The person has not corrected the following comments, which caused the suspension of the procedure (Article 25) for up to six months:
paper documents have corrections, erasures, blots, etc., or are seriously damaged;
the state fee is not paid within 5 days after submitting the documents;
the Unified State Register of Real Estate contains information about the impossibility of registering rights (a restriction or encumbrance has been imposed on the object that does not allow the alienation of the apartment);
the applicant's signature is missing.
Rosreestr discovered the obstacles listed in Art. 26 Federal Law No. 218. These include:
the application was submitted by an inappropriate person;
necessary documents are missing, etc.

Important! If Rosreestr discovers that a person has provided false information about himself or the subject of registration, he will also be denied this procedure.

Refusal to register can be challenged in court. In accordance with Art. 19 CAS RF, appeals against decisions of administrative bodies (which include Rosreestr) are subject to appeal in a district court, but only if the plaintiff is an individual.

Registration requirements

The registration requirements are established by Appendix 4 of Order No. 920. The applicant is required to:

neat and legible writing in the data (when filling out by hand);
absence of corrections, cross-outs, abrasions (their presence is one of the reasons to freeze the procedure or refuse it).

A package of documents must be attached to the application. Rosreestr specialists reserve the right to require additional information.

If the application is not filled out in person at the specified authority or MFC, it must reflect the list of submitted certificates.

Documents containing more than 2 sheets must be numbered.

Content

The following information must be reflected:

information about the registration authority;
type of application (in this case, registration of property rights);
information about the property (type (building or plot), cadastral number, characteristics, address);
type of registration or transfer of rights (ownership);
information about the copyright holder (full name, passport details, address);
information about the representative, if documents are transmitted through him (passport details, power of attorney number);
method of submission (in person, by mail, electronically);
the body that carried out the transfer of documents (Rosreestr, MFC, on-site reception);
method of obtaining a receipt for documents acceptance;
list of attached documents (if the package is sent by mail or electronically).

Terms of consideration

The processing time depends on how the application along with the documents was submitted.

When transferred directly to the Federal Service for State Registration, Cadastre and Cartography – 7 working days.
If the documents are transferred through the MFC - 9 working days.

Attention! After submitting the application, the person is given a receipt with an individual number, which can be used to track the status of data processing. If a person has indicated a mobile phone number or email, he will receive a notification that the registration was successful.