How to register ownership of an apartment remotely. Why electronic registration is safe


What is property registration and how does it work?

When purchasing an apartment or other real estate, the transaction is registered in a special register of the Unified State Register of Real Estate. Without registration, the contract will be considered invalid and the transfer of ownership to the new owner will not occur.

The registration procedure consists of collecting documents related to the transaction and submitting them to Rosreestr. As a standard, this is done through the MFC. After registration of ownership, documents are issued to the buyer also through the MFC.

To simplify the procedure and reduce the workload of multifunctional centers, a special electronic registration service has been created. With its help, you can register a transaction online, without going through the authorities.

How does the state protect property owners?

To protect citizens’ property from fraudsters, in 2019 the state amended the law on registration of property rights (No. 218-FZ of July 13, 2015).

According to the requirements of the law, a citizen must first notify Rosreestr that he agrees to carry out registration procedures electronically.

To do this, the property owner needs to send an application to Rosreestr. You can do this in the following ways:

  • personally go to the Rosreestr authority;
  • contact the MFC;
  • send the application by mail, but in this case the document must first be certified by a notary.

A separate application must be submitted for each property. Having received an application from the property owner, Rosreestr will make a note in the Unified State Register of Real Estate. If there is no such mark in the Unified State Register, Rosreestr will by default assume that the citizen does not intend to enter into transactions electronically and will reject documents sent online.

In some cases, the owner's prior consent for electronic registration is not required, in particular:

  1. When a notary submits documents to Rosreestr.
  2. When the documents are sent by the bank (for example: if the apartment was purchased with a mortgage).
  3. When documents are submitted by local authorities.

UKEP

To use government services electronically, you will need an enhanced qualified electronic signature (ECES). It is a complete analogue of a handwritten signature. It can be used to certify documents remotely. Essentially, this is a flash drive with files containing user identification information. UKEP can be issued in the form of an electronic document.

You can obtain UKEP from an accredited certification agency. The cost of the service is up to 1800 rubles, it can be done in 1 day.

Electronic digital signature

You can complete a transaction online only using a qualified electronic digital signature (CES).

A document that is signed by the CEP has the same legal force as if the person signed it with his own hand.

You can obtain a CEP from an accredited certification center (ACC). To obtain a CEP you will need an application, passport and SNILS. An ATC employee will necessarily identify the citizen using the submitted documents. According to the new rules that came into force on July 1, 2021, a citizen has no right to send a representative in his place, even if the representative has a notarized power of attorney.

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How does the procedure work?

The registration process consists of several stages:

  1. We receive the UKEP and install a browser plugin on the PC that allows us to use it on web pages.
  2. If the certificate of the electronic signature verification key was not issued by the Certifier, we submit an application to Rosreestr about the possibility of using the UKEP for signing documents. This can be done through the MFC, but the application must be submitted in person or by mail with a notarized signature of the applicant. The period for registering a signature after receiving the application is up to 5 days.
  3. If you have an identified account on State Services, skip this step. If you are not registered on the portal, you need to gain access to electronic government services. To do this, you need to open an account on State Services and confirm it. To confirm, use UKEP. Using your credentials, you will log into your personal account on the Rosreetra website.
  4. Main stage. Submission of documents on the Rosreertra website. To do this, log into your personal account on the Rosreestr website and log in through State Services. We choose. We fill out and sign the application, attach documents and send for review.
  5. We are waiting for notification of receipt of documents. It must be received within 1 day from the date of application.
  6. If the registrar finds errors or missing documents, he will refuse registration or request correction.
  7. We receive a letter from Rosreestr with an invoice for payment of the state duty by the date by which it must be paid and make the payment online.

After completing the procedure, we receive in our mail a release from the Unified State Register of Real Estate, certified by the UKEP transaction registrar.

Why is this necessary?

Firstly, when applying for a mortgage and electronic registration of documents, Sberbank makes a discount on the loan in the amount of 0.1 percentage points. Secondly, “the service replaces at least four visits to the bank and the MFC/Rosreestr,” say Sberbank.

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According to the press service, currently 67% of all mortgage transactions of Sberbank with primary real estate are carried out using electronic registration, and 41% - for transactions with secondary real estate.

You can use electronic registration even without taking out a mortgage loan. The service is provided in all regions of Russia.

Limitations and possible difficulties

If the purchase and sale agreement involves not only the seller and the buyer, but there are also additional participants, for example, minor children or several sellers/buyers, the transaction is registered only in the presence of all parties and their representatives directly at the MFC.

It is possible that there may be failures in the system, as a result of which the registrar will not see the fact of payment of the state duty and will not register the transaction.

Updating information on the Rosreestr website may be delayed, so the owner will have difficulties registering an apartment or transferring bills to pay for housing and communal services.

When a deal cannot be concluded remotely

Some transactions cannot be completed remotely. For example:

  • transactions involving minors;
  • alternative transactions with several participants (each such transaction must be registered separately).

In addition, some transactions by law require the mandatory participation of a notary, so it is impossible to conduct them completely remotely. For example:

  • alienation of a share in an apartment;
  • transactions with real estate that belongs to a minor or a citizen of limited legal capacity;
  • transactions in which property is managed by a guardian under the condition of trust management.

Pros and cons, differences between electronic registration

Electronic registration of property rights simplifies the procedure for registering the purchase/realization of housing for the parties to the transaction. What are the advantages:

  • With electronic registration, the state duty is 30% lower.
  • The buyer will be able to buy an apartment in another city remotely.
  • The registration period is reduced.
  • If you register a transaction using special services, you will additionally receive full consultation from specialists.
  • If you use the bank's service, you can get a mortgage loan on preferential terms.

Minuses:

  • The possibility of fraud cannot be 100% excluded.
  • Not all transactions are subject to electronic registration.
  • Additional services are paid, and their cost is several times higher than the state duty.
  • The possibility of failures on the site cannot be ruled out, as a result of which the transaction period may be delayed.

A special feature of electronic registration is the novelty of the service. It is not clear to all users. Therefore, it may be easier to seek help from special services that will help with the preparation and transfer of documents electronically.

Summarize

The main advantage of remote transaction registration is convenience. After all, you can submit documents without leaving your home. This method is often chosen by those who buy an apartment in another city. This allows you to reduce travel and accommodation costs while waiting for the transaction documents to be ready.

The second advantage is saving time. When submitting documents on paper, they will be reviewed within 10 business days. Electronic state registration is much faster.

True, in the end the owner will not receive any paper document with stamps. An extract from the Unified State Register of Real Estate certifying ownership of the property is sent to the applicant’s e-mail address. And many citizens are still distrustful of electronic documents. Although these fears are unfounded. After all, an extract certified by the registrar’s digital signature has full legal force and will be accepted in any commercial or government institution.

What transactions is the service suitable for?

You can use the electronic registration service from Sberbank if the borrower buys property in a house that is still under construction (concludes a DDU) or has already been commissioned, on the secondary housing market. This list also includes the purchase of a plot of land without buildings (relevant for plots for which ownership was registered before 1998).

Restrictions

The service of electronic registration of transfer of ownership of real estate is available:

  • exclusively to individuals with Russian citizenship;
  • adult citizens (if one of the parties is not yet 18 years old and there is a guardian, the procedure is impossible);
  • in direct transactions;
  • if the number of participants is not exceeded: 2 sellers and the same number of buyers, no more than 5 co-borrowers.

Online registration may be refused if, after 2 weeks after payment for the service, the bank has not provided all the documents.

Many clients are willing to pay for the electronic registration service, although the price is rather high, just so as not to waste their time and effort on overcoming bureaucratic red tape. If you independently deal with all issues related to the purchase of residential real estate, especially a mortgage, you often have to take a vacation. A pleasant bonus for borrowers is the reduction in interest rates. Some are skeptical about this benefit. If you calculate mortgage payments for the entire installment period with and without a discount, you get a noticeable difference.

Registration of rights to real estate in electronic form

Home / Registration of rights to real estate

After certifying a real estate transaction

(including agreements of purchase and sale, donation, pledge, exchange, rent of real estate and others), the rights to which are subject to state registration in Rosreestr, the
notary
immediately or within the time limits established by the parties to the agreement,
sends an electronic
application for state registration of rights and the documents attached to it to Rosreestr for the purpose of conducting state registration of the transfer of ownership, pledge of rights to real estate, if the parties to the transaction do not object to the filing of such an application by a notary. Having issued a certificate of the right to inheritance, a certificate of ownership of a share in the common property at the request of the surviving spouse, the notary is obliged to immediately, but no later than the end of the working day, submit in electronic form an application for state registration of rights and the documents attached to it to Rosreestr.

When signing an application for state registration of rights to real estate and transactions with it, the notary acts on his own behalf in the interests of the persons on whose behalf and on whose behalf the notarial act was performed. When carrying out state registration of rights to real estate on the basis of a notarized transaction, a certificate of inheritance, a certificate of ownership of a share in the common property of spouses, the legality of such a notarized document is not verified by the state registrar of rights; the accuracy of the notarized document is checked by the state registrar of rights through the unified notary information system in the manner established by the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 N 4462-1, with the exception of cases of submission for state registration of the rights of the specified documents by the notary who certified such documents. State registration of rights to real estate in this case, in accordance with Federal Law dated July 13, 2015 N 218-FZ “On State Registration of Real Estate,” is carried out upon the application of a notary. Documents to be issued after state cadastral registration and (or) state registration of rights are issued in the form of electronic documents, after which the notary certifies the equivalence of documents on paper to electronic documents, and issues an extract from the Unified State Register of Rights, confirming the state registration of rights, and a special registration inscription (registration stamp) on paper to persons who apply for the relevant notarial act. There is no need to visit MFC offices in person.

The period for state registration of rights to real estate, in the case of electronic documents provided by a notary, is no more than three working days (1st day - the day of certification, issuance and sending of documents to Rosreestr by a notary, 2nd day - the day of state registration by Rosreestr, 3 The th day is the day the documents are sent by Rosreestr to the notary and the documents are issued by the notary.

We are ready to provide qualified and competent assistance on issues related to state registration of real estate rights in electronic form.

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Registration of rights to real estate on the basis of notarized real estate transactions, issued certificates of inheritance rights and certificates of ownership of a share in the common property of spouses is FREE OF CHARGE

, You only need to pay the state fee in favor of Rosreestr, charged for state registration of rights to real estate:

Rates

  • for individuals, the state fee in favor of Rosreestr for electronic registration by a notary is 1,400 rubles;
  • for legal entities – 22,000 rubles.
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