Registration and registration of ownership of real estate and non-residential premises in Moscow on a turnkey basis

In order not to lose the opportunity to carry out any transactions with their property, as well as to avoid a number of unpleasant moments associated with communication with government officials, each property owner must register property rights.

Registration of property rights is a procedure stipulated by law and is mandatory for: permanent houses, country houses, non-residential buildings and land plots.

Legislative acts of the Russian Federation provide for the full use of real estate only subject to registration of ownership. Assistance in registering property rights is one of the main directions; our specialists will study the situation in detail and help prepare all the necessary documentation for the speedy registration of property rights.

Why is registration of property rights carried out?

The owner will not be able to fully use the possibilities of owning real estate without registering property rights. Therefore, it is better to involve a specialized organization to carry out the procedure. The necessary actions for registering property rights will be undertaken. Without the necessary registration, problems may arise when:

concluding a purchase and sale agreement, collateral agreement, making a donation
cadastral registration
division of a plot (allocation of shares), merger of plots
obtaining permission to erect buildings on the site

Ultimately, a situation may arise when registration of rights is required immediately, for example, when providing real estate as collateral for a loan, but this procedure will not be available due to the lack of registration of property rights, and registration in any case will take a certain amount of time.

Is a premises privatization agreement necessary?

As such, there is no privatization agreement for the premises. No such document is prepared.

However, the local government authority issues another document in which you can safely contact the registration authority.

This is a decree on the transfer of real estate into the ownership of a specific citizen.

It has the seal of the administrative institution, as well as the signatures of the relevant persons. It is actually an act of privatization.

A certificate of ownership is issued on the basis of this document. As part of such a procedure, avoid drawing up a privatization agreement, because it does not exist.

When is registration of property rights required?

There are a number of situations when registration is a mandatory procedure, the most common are:

acquisition of land (real estate)
registration of construction on the site
registration of new plots
procedure for entering into inheritance rights
division of land (real estate)

What will the lack of registration of property rights entail?

Registration of property rights is the legal responsibility of a citizen of the Russian Federation. Failure by a citizen to comply with the law may entail both a restriction of the ability to dispose of his property and, under certain conditions, the loss of rights to this property. List of the most common consequences of failure to register:

It is impossible to conclude a contract for the purchase/sale of your own real estate
it is impossible to obtain a building permit (and, in general, for any type of work) and it is impossible to properly register buildings erected on the site, which is fraught with additional difficulties, including the demolition of buildings
in the absence of registration, de jure the property is nobody's property
Without registering property rights, it is impossible to officially carry out a merger or division of land plots.

Registration of property rights will save the property owner not only from serious psychological shocks, but also from quite tangible financial losses. To avoid undesirable consequences, it is necessary to carry out all the necessary formalities in a timely manner; for this purpose, it is necessary to involve specialized organizations with experienced specialists on staff in the process. The fact is that the registration of property rights in various situations (purchase/sale, entry into the right of inheritance, registration of a building, allocation of shares of property, etc.) has its own characteristics, which a specialist assisting the owner during registration should know.

How is property rights registered when purchasing real estate?

After acquiring any real estate, the new owners proceed to carry out various procedures for its registration, including registration of property rights. Let's see how it happens:

First, a purchase and sale agreement is drawn up and submitted to a specialized government agency for its approval;
after this, the new owners receive all documents for the property;
new owners collect a package of documents and submit an application for registration of property rights;
After the time established by law, the applicant receives a document confirming his ownership.

The review period usually does not exceed ten working days, but in certain cases it may be extended, for example, due to a lack of any documents from the applicant or a long wait for a response from other departments.

How is registration of property rights carried out upon entering into inheritance?

When entering into an inheritance of real estate, a person receives a notarized document, after which he can begin registering property rights:

first you need to collect all the necessary documents for real estate, for example, cadastral passport, land plan, etc.;
then an application, a package of documents and a notarized document on entry into inheritance are submitted to the state body that is responsible for determining property rights;
After the established period for consideration, the applicant is issued a document confirming his ownership.

If several people inherited one real estate, each person registers ownership of their part.

Who is recognized as the owner?

Today, all issues related to the privatization of non-residential premises are within the jurisdiction of Federal Law 159 of July 22, 2008.

At the time when the property has not yet undergone the above procedure, it is directly owned by the state, represented by the local municipality.

This means that local governments have the authority to carry out various transactions with property, as well as use it for government needs. Upon completion of the privatization procedure, the owner of the property can become either an individual or a legal entity.

REFERENCE. The law does not prohibit these entities from participating in the privatization process, but it does provide for certain stages of the procedure that must be carried out without fail.

We will look further into how to privatize non-residential premises in an apartment building.

The procedure for registering ownership rights to a land plot

After the formation of a new land plot, distribution, merger or division of existing land plots, the owner must register ownership of it. Let's consider the procedure for carrying out this procedure:

To begin with, the specialist creates a boundary plan of the land plot;
then it is agreed upon with Rosreestr;
after which the owner can begin collecting all the necessary documents;
then the owner submits to the MFC the entire package of documents, the approved boundary plan and an application for registration of property rights;
after the period of consideration established by law, the applicant receives a document that confirms his ownership.

It is important to remember that after any operation carried out with a land plot, in which its area or other values change, the owner must register ownership.

Collection of documents

When privatizing non-residential premises in a residential building, the execution of a package of documents plays a huge role.

IMPORTANT. Pay attention to the correct formation of the package of documents if you are going to prepare them yourself for submission to the administrative authority, as well as the registering authority.

First of all, you need to attach your passport as a certificate of identity;
in a situation where we are talking about a legal entity, it is necessary to attach the statutory and constituent documents, as well as the passport of the person who is a representative of the company. An order must be attached indicating that the person has been chosen as a representative;
A statement is provided indicating your wishes to privatize non-residential premises. Since most likely you have the desire to privatize the property as a result of a long execution of the lease agreement with the administration, you must provide a lease agreement;
if you decide to privatize real estate without rent, simply by learning about this possibility, then you skip this point;
you must attach the cadastral papers that you receive from the relevant institution, as well as a request for the service;
If you submit a package of documents to the registration authority, then a Resolution from the administration on the transfer of the property to your future ownership is added to it.

The procedure for registering ownership of a built house

A built house or other structure also requires registration of ownership. Let's look at the procedure:

upon completion of construction work, the owner receives a certificate of completion of the work and goes through the procedure for including the new house in the cadastral register;
after the cadastral registration procedure, the owner receives the relevant documents;
after which he can collect the necessary package of documents and write an application for registration of property rights;
The department reviews the application within the period established by law and, if everything is in order, issues the applicant a document confirming his right of ownership of the property.

In this case, it is very important to obtain a cadastral passport for the property, otherwise it will be impossible to register ownership and, accordingly, use the property in full.

How to make non-residential premises residential

In addition to documents confirming the voting of the owners of premises in the apartment building (if their consent was required), to apply for the provision of public services you must provide:

inventory of documents according to form;
identification document of the applicant (copy of all pages - when contacted by the applicant’s representative);
an identification document of the applicant’s representative and a document confirming the authority of the representative - if the documents will not be submitted by the owner of the premises;
title documents for the premises being transferred, if the rights to it are not registered in the Unified State Register of Real Estate or the rights to it were registered before January 31, 1998 and are not at the disposal of the City Property Department (originals or notarized copies);
a project for the reconstruction and (or) redevelopment of the transferred premises, if the reconstruction/redevelopment is required to recognize the premises as residential;
accounting and technical documentation for the premises as of the date of the last survey conducted no more than 5 years ago (originals);
floor plan of the house in which the transferred premises are located (floor plans of all floors in the house), as of the date of the last survey carried out no more than 5 years ago (originals);
conclusions of authorized organizations on the compliance of the transferred non-residential premises with the requirements for residential premises (originals):
from an organization that carries out technical accounting and technical inventory of capital construction projects;
from an organization accredited to carry out sanitary and epidemiological examinations, investigations, surveys and other types of assessments (if there is a positive conclusion on the said conclusion from the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the city of Moscow);
from an organization accredited to conduct an examination of design documentation and engineering survey results.

If the owner of the transferred premises is a minor, you will also need a birth certificate or a document issued in the prescribed manner confirming the fact of the birth and registration of the child, if it is issued by the competent authorities of a foreign state.

If the owners of the transferred premises are several persons, the request is sent by one of the owners:

with the presentation of a power of attorney confirming the authority to represent the interests of the remaining owners of the premises (consent to the provision of public services, to the processing of personal data). In this case, a single set of documents is attached to the request;
in the absence of a power of attorney, the consent of the owner of the individual can be obtained in electronic form using mos.ru if you have full access to the “personal account” subsystem of the portal.

Consent for minor children under 14 years of age and incapacitated/partially capable citizens is provided by their legal representatives. Minors who have reached the age of 14 act with the consent of their legal representatives.

The procedure for registering property rights when allocating shares of property

After allocating shares in real estate to other family members, as with any procedures carried out with it, it is necessary to register the right to property for everyone. Let's look at how this happens step by step:

The notary formalizes the distribution of shares of real estate for each family member;
after which a notarized document on the allocation of shares is issued;
then all the necessary documents of the applicants and the property are collected;
then everyone entitled to the property submits an application for its registration;
After the deadline established by law, each applicant receives from the department a document that confirms his ownership of part of the real estate.

If during the allocation of shares of real estate any disputes arise and are resolved with the help of a court, then in order to register the ownership rights it is necessary to provide the decision rendered by the court.

Drawing up an application and its sample

We recommend filling out an application at your city administration. However, if you want to save time, or if this is impossible due to some circumstances, we recommend that you stock up on a sample to fill out in advance. If this is not the case, you can find information on the Internet.

Whenever possible, the document is written in computer font.
The header of the document indicates the name of the authority to which the documents are submitted.
It is necessary to indicate the name of your local administration with all contact details.
The following indicates from whom it is being submitted. Please provide your contact details.
In the text of the application you must indicate on what basis you are applying for privatization. Perhaps this solution was chosen by you as a result of long-term cooperation under a lease agreement. Or perhaps you accidentally learned about the opportunity to privatize non-residential real estate.
Then you need to indicate your willingness to pay the cost, as well as your desire to consider your candidacy. A list of attached documents is made, dated and signed.

REFERENCE. There are no clear legislative requirements on what such a document should look like.

In this form, the application is sent to the administration. Although we still recommend that you write such a document in accordance with the sample, we hope that you will avoid serious scrutiny from the receiving authority.