How to identify copyright holders of previously registered real estate. Algorithm for a municipality
From July 29, LSG bodies of settlements, municipal and city districts, as well as intra-city districts will have a new authority. They will have to identify the copyright holders of previously registered real estate objects in their territories and send information about them for inclusion in the Unified State Register (Federal Law of December 30, 2020 No. 518-FZ). We are talking about copyright holders who meet two criteria.
1. The title documents available to the copyright holder for the object were drawn up before the Federal Law of July 21, 1997 No. 122-FZ came into force, that is, no later than January 31, 1998.
2. Rights to the object are not registered in the Unified State Register of Real Estate.
We offer a seven-step algorithm. Follow it to identify the copyright holders of previously registered properties.
On a note
What problem will the new law solve?
The purpose of the new law is to solve the problem with objects, the rights to which arose before the advent of the current system of state registration of rights to real estate. In most cases, the owners of such property acquired it either in the 90s, or during the period when the rights to capital construction projects were certified by the BTI. The rights to many of these objects are still not registered in the registry. As a result, local and regional budgets receive less funds in the form of property tax payments.
Step 1. Pick up documents that may contain information about copyright holders
Information about the copyright holders of previously registered real estate may be in documents that are in municipal archives. Also look at the orders of the authorized local self-government body that carries out measures to identify copyright holders.
Step 2. Send inquiries to government authorities and organizations
If information about the copyright holders of previously registered real estate properties could not be found, please send inquiries to:
- to government bodies;
- in the technical inventory bureau. It was these organizations that were responsible for recording and registering rights to real estate until the end of 1997;
- notaries.
See Table 1 below for information you can request.
Expect a response within 15 days. The countdown of this period begins from the day when the body or notary received the request.
Table 1. What information to request from government agencies, organizations and a notary
Where to send your request | What information to request |
In the Ministry of Internal Affairs or its territorial body | On the initial issuance and (or) replacement of a Russian passport issued to the copyright holder of a previously registered real estate property, on the registration address of the copyright holder at the place of residence and (or) place of stay, on the date and place of his birth |
To the Pension Fund | SNILS |
To the Federal Tax Service (operator of the FSIS “Unified State Register of Civil Status Records”) | About the possible death of the copyright holder of a previously registered property, a change in his name. 2. On state registration of copyright holders of previously registered real estate in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs |
To the territorial body of the Federal Tax Service | About previously registered real estate objects and their rights holders |
To the notary at the place of opening of the inheritance | About persons who have rights to a previously registered piece of real estate as a result of its inheritance after the death of the copyright holder |
Step 3: Post messages about how to provide information about copyright holders
Publish messages on how you can provide information about the copyright holders of previously registered real estate to the authorized local government body. Follow the procedure established for the official publication of municipal legal acts. Address the information in the message not only to the copyright holder, but also to any interested party. Messages can also be posted:
- on the official website of the authorized body of the local self-government of the municipality, on the territory of which the previously registered real estate objects are located;
- information boards in the locality itself or outside it, depending on where the previously registered real estate objects are located.
In addition to information about copyright holders, the interested person must inform the authorized body of LSG:
- your postal address and (or) email address for communication;
- details of the identity document;
- your SNILS.
Step 4: Prepare a draft solution
If you have been able to identify the owner of the property, prepare a draft decision to identify the copyright holder of the previously registered property. For what to include in this document, see Table 2 below.
Do not prepare a draft decision to identify the copyright holder of a previously registered property in two cases.
1. In response to inquiries, you received conflicting information about the copyright holder.
2. The building, structure or object of unfinished construction has ceased to exist.
Table 2. What to indicate in the draft decision on identifying the copyright holder
What to include in the draft decision | Explanation |
Cadastral number of a previously registered property contained in the Unified State Register of Real Estate | If there is no number, indicate the type, purpose, area, address or location of the object |
Information about the copyright holder - an individual | Indicate your full name, date and place of birth, type and details of your identity document, SNILS, registration address at your place of residence or place of stay |
Information about the copyright holder - legal entity | Please provide full name, TIN, main state registration number |
Information about supporting documents | Documents must confirm that the identified person is the copyright holder of the previously registered property. Indicate the details of the documents, if any. |
Results of inspection of a building, structure or unfinished construction site | The results of the inspection must confirm that at the time of the activity to identify copyright holders, the object did not cease to exist. Attach the inspection report to the draft decision |
On a note
How to deregister an object that has ceased to exist
If a previously registered property, information about which was entered into the Unified State Register of Real Estate, has ceased to exist, contact Rosreestr with an application to remove this property from the state cadastral register. Rosreestr will not require an inspection report. It is enough to attach an inspection report of the property to the application. No later than 30 days before submitting the application, the authorized local self-government body is obliged to notify the person identified as the copyright holder of the property about this. Send him the notice by registered mail with return receipt requested. Or deliver the notice in person and ask to sign for receipt.
Step 5. Publish information about the object and send the draft decision to the copyright holder
Within five working days from the date of preparation of the project, post information about the property on the official website of the municipality. Indicate its cadastral number. If the identified copyright holder is an individual, indicate his full name. If legal - full name, TIN and main state registration number.
Within the same five-day period, send the draft decision to the person identified as the copyright holder of the previously registered property. Hand it in person against signature or send it by registered mail with acknowledgment of delivery. Send a registered letter to an individual to the registration address at the place of stay or place of residence. Legal entity - at the address within the location. In the covering letter, indicate the period during which the addressee can submit objections regarding information about the copyright holder of the object.
Note: If the copyright holder has provided an email address, you can use it
Accept objections that are in writing on paper or in the form of an electronic document. The alleged copyright holder himself, his representative or other interested party may submit to the authorized body of the LSG:
- information about the copyright holders of previously registered real estate objects to be identified;
- documents confirming rights to previously registered real estate.
The deadline for submitting objections is 30 days from the day the person received your draft decision.
Step 6. Make a decision to identify the copyright holder of a previously registered property
Note: An application from the identified copyright holder to make this entry in the Unified State Register is not required.
Once the intended copyright holder receives the project, wait 45 days. If during this time you are not presented with an objection, you can decide to identify the copyright holder of the previously registered property.
If objections are received, do not make a decision. Within one year, you have the right to apply to the court with a request to enter into the Unified State Register of Information about proprietary rights to the property, as well as about the identified copyright holder. If the court rules in your favor, the entry will be made in the register.
Step 7. Send the information to Rosreestr, and a copy of the decision to the copyright holder
After you have decided to identify the copyright holder, within five working days you need to:
- submit an application to Rosreestr;
- send a copy of the decision to the copyright holder.
Application to Rosreestr.
Submit one of two applications. If the Unified State Register already contains information about the object and only lacks information about the copyright holder, submit an application to enter information about the copyright holder. If there is also no information about the property itself in the register, submit an application to enter information about the previously registered property and its copyright holder. Submit any of these applications within five working days from the date of the decision.
Please attach to your application a decision to identify the copyright holder of a previously registered property and documents with information obtained through inquiries.
Rosreestr will enter information into the Unified State Register of Real Estate based on your application. Their presence in the Unified State Register does not prevent state registration of rights to a previously registered property. If these rights are registered, Rosreestr will exclude this information from the Unified State Register of Real Estate.
A copy of the decision for the copyright holder.
You can send it by mail or hand it in person, taking a receipt. If you send the decision by email, sign the document with an enhanced, qualified electronic signature.
On a note
How to carry out comprehensive cadastral work in relation to a previously registered land plot
The local self-government body has the right to ensure the implementation of complex cadastral works (CCW) in relation to a previously registered land plot in order to clarify its boundaries. On behalf of the owner of the plot, contact the rights registration authority with an application for state cadastral registration. No power of attorney is required. But it is necessary to notify the copyright holder. If he objects, the QCR cannot be performed.
Based on the results of state cadastral registration, you will receive an extract from the Unified State Register of Real Estate. Then, within 20 days, transfer it to the copyright holder of the previously registered land plot. Or send him a statement by regular mail or email.
Features of previously recorded areas
Previously registered plots are not registered in Rosreestr according to the new rules, and information about them in the cadastre is incomplete, since they do not contain data on their boundaries.
Many owners of plots of land with the status “previously registered” are interested in whether it is necessary to survey it? We answer: if the documents for the land contain the necessary information, then you can immediately contact Rosreestr with them to make changes about the site.
If there is no information about the boundaries in the documents, then it is first necessary to survey the area and only after that should one proceed to the registration procedure. As a result, the status of the site will change to “registered”, and the owner will be able to fully dispose of it.
Information about such plots may or may not be contained in the register of immovable objects, since the information for entering them was taken from old documents and archives.
The owner of land with this status cannot sell, donate or inherit this plot until he registers it according to the new rules, including the land surveying procedure.
A land plot may be owned by right:
property;
unlimited or permanent use;
lifelong inheritable ownership;
rent.
At the same time, such a site did not go through the land surveying procedure and was included in the Rosreestr database without borders.
Before Law 221-FZ came into force, cadastral registration was carried out in accordance with Federal Law No. 28-FZ. A previously accounted area is considered to be one that, in accordance with its requirements, is contained in the records:
inventory records;
land records;
registers of cadastral numbers;
lists of land tax payers;
books for issuing certificates of ownership;
and has title documents drawn up in the prescribed manner.
When transitioning to a unified system for maintaining the state register of real estate in accordance with Federal Law No. 218-FZ of July 13, 2015, all previously registered plots are subject to land surveying and re-registration.
Current uncertified”: what does this mark in the Unified State Register mean?
- A technical error;
- Reconstruction and redevelopment of objects carried out, but not formalized in accordance with the established procedure;
- Clarification of the area of the land plot as a result of land surveying;
- Change by the competent authority of the address of the property;
- Clarification of the area of a capital construction project as a result of the latest inventory, etc.
Advice to real estate buyers: carefully study the extract from the Unified State Register of Real Estate (especially the column “Special notes”). If there are the words “current, uncertified,” ask the owner to visit the MFC (branch of Rosreestr) before completing the transaction and eliminate this problem.
