Procedure for registering an assignment agreement in Rosreestr

According to the new law on shared construction, the shareholder and the developer must necessarily conclude a DDU or an agreement on shared participation. But according to the new amendments, not just the principle of writing and concluding an agreement is important, but also provide for the mandatory participation of the parties to the guarantor of the conclusion of an agreement on shared construction. This is the main difference from FZ-214. Now the shareholder and the developer are the main parties when concluding a share participation agreement, and Rosreestr and the bank through which the transaction is carried out are the registration and financial guarantor of the fulfillment of obligations.

Form of assignment agreement

The rules for registering an assignment, i.e. the assignment by the assignor (original creditor) to the assignee (new creditor) of the right of claim against the debtor, depend on the form in which the initial agreement was concluded between the assignor and the debtor (Article 389 of the Civil Code):

if the transaction was concluded in simple written form, it is enough to draw up the document on paper;
if powers are transferred under an agreement in notarial form, for example under an annuity agreement, you will have to contact a notary for certification of the assignment agreement;
if rights are assigned under a transaction subject to state registration, one of the stages of the assignment will be an application to the registering authority.

NOTE! In accordance with Art. 164 of the Civil Code, the legal consequences of a transaction for which there is a requirement for state registration occur only after it. Accordingly, failure to submit an assignment agreement to Rosreestr will mean that the agreement between the assignor and the assignee does not give rise to legal consequences.

In this case, the parties need to take into account the position of the Supreme Court, which indicated that failure to comply with the established procedure for state registration of a transaction does not entail negative consequences for the debtor, who, having received a notice of assignment from the assignor, provided the new creditor with execution (clause 2 of the resolution of the Plenum of the Supreme Court dated December 21, 2017 No. 54).

When is registration of an assignment agreement required in Rosreestr?

One of the functions of the Federal Service for State Registration, Cadastre and Cartography (abbreviated as Rosreestr) is the state registration of real estate transactions and rights to such property (clause 1 of the Regulations, approved by Decree of the Government of the Russian Federation of June 1, 2009 No. 457).

However, not all contracts related to the transfer of rights to real estate need to be submitted to Rosreestr for registration. For example, there is no need to contact the Federal Service with a request to register an agreement if agreements have been concluded to change the creditor in a transaction for the purchase and sale of an apartment, house, land or other real estate (Article 551 of the Civil Code), even if it is part of the enterprise (ch 8 Article 2 of the Law “On Amendments...” dated December 30, 2012 No. 302-FZ).

You only need to apply to Rosreestr to register a transaction, the subject of which is a change of creditor, in two cases:

if the original agreement concerned the lease of real estate (Article 609 of the Civil Code);

IMPORTANT! If a building or structure is rented, then registration is required only if the agreement is concluded for at least a year (Article 651 of the Civil Code), however, if such a building or structure is included in the enterprise, then the rental period does not matter (Article 658 of the Civil Code) .

if the original agreement concerned participation in shared construction (Article 48 of the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ).

How to check all the information online?

In an unofficial but up-to-date form, you can check the status of the contract on the Rosreestr website; to do this, you need to perform a few simple steps:

Open the Rosreestr website and go to the “electronic services” block, follow the link by clicking on these words. The page that opens reveals the entire range of services that the service provides online;
Find among them the column “reference information on real estate”, and follow the link;
A data entry form will open on a new page. The cadastral number of the desired object is entered. The number of the equity participation agreement will be displayed in the information block about this object;
On the page you need to click the “make a request” button and indicate the desired object. The new window will show all the information about the property, including the “rights” category, supplemented by restrictions. By clicking on this link, you can find your contract from the list of all registered DDUs for the residential complex under construction.

AND

Attention!

The information may simply not be updated, but the most reliable option would be to submit the request in person.

Procedure for registering an assignment agreement

There is currently no separate regulatory act establishing the procedure for registering transactions by Rosreestr, therefore, if it is necessary to notify the state body about the conclusion of an assignment agreement, the applicant should be guided by the provisions of Law No. 218-FZ and be guided by the provisions of the Administrative Regulations, approved. by order of the Ministry of Economic Development dated 06/07/2017 No. 278.

To register the agreement you must:

Prepare a package of documents. It will vary. For example, if the rights of a participant in shared construction are transferred by assignment, it is necessary to have available (Part 10, Article 48 of Law No. 218-FZ):

agreement on the assignment of the right of claim;
a certificate issued by the developer or bank stating that the construction participant has fully or partially transferred the payment to the developer.

Pay the state fee.
Contact the registration authority with a package of documents. This can be done by personal application, sending documents by post or by filling out forms posted on the official website of the service.
Wait until the employees of the registration authority complete the necessary administrative procedures. These include:

registration of the application;
sending interdepartmental requests to obtain information from other government agencies;
legal examination of documents and verification of the legality of the assignment agreement;
registration itself, during which a note about the procedure performed is made on the contract.

Why do you need to check your preschool registration?

Registration procedures are carried out by Rosreestr to secure and confirm rights. All information is placed in the USRN register - a federal database. With regard to shared construction, the Unified State Register of Real Estate will include information about the emergence of a right of claim to a non-existent object, i.e. on part of the area of the future house.

Checking the registration of a preschool educational institution may be necessary:

in order to make sure that the developer has fulfilled the mandatory requirement of Law 214-FZ, that is, submitted the documentation to the cadastral authority in a timely manner;
to conduct a check before registering the assignment (by law, you can assign the right of claim only if it is enshrined in the Unified State Register of Real Estate);
in order to receive an official form confirming the fact of state registration and the DDU number - an extract from the Unified State Register of Real Estate.

IMPORTANT! If you do not complete the registration procedure, the transaction is considered invalid. In this case, you will not be able to formalize your rights after completing the construction of the house, or demand compliance with the norms of Law 214-FZ. Also, under an unregistered agreement, it is much more difficult to obtain a refund if the developer turns out to be dishonest.

Registration of the transfer of rights under an assignment agreement in Rosreestr

In addition to registering the agreement itself, the assignor and assignee must register the transfer of rights under it.

The transfer of rights is subject to registration not only in cases where the original agreement concerned the lease of real estate and participation in shared construction, but also in cases where the creditor changes in agreements relating to:

sale or donation of real estate;
alienation of real estate for payment of rent;
rental of a property complex (enterprise);
and in other cases provided for by law.

In this case, there is no need to go through the transaction registration procedure; the key will be the fact of transfer of rights recorded in the Unified State Register of Real Estate.

Procedure for registering the transfer of rights from the assignor to the assignee

The procedure for registering the transfer of rights between counterparties under an assignment agreement is established by the Administrative Regulations, approved. by order of the Ministry of Economic Development dated 06/07/2017 No. 278. In accordance with this act, the procedure begins with the submission by the applicant (the owner of the real estate, his representative or another person to whom such a right is granted by Law No. 218-FZ) of a package of documents, such as:

statement;
a document certifying the transfer of rights (in this case, both agreements);
map-plan of the territory, if in the agreement between the debtor and the creditor the transferred object was a land plot;
if a package of papers is presented by a representative, a document certifying his authority.

The procedure for presenting documents was approved by order of the Ministry of Economic Development dated November 26, 2015 No. 883.

By the time of application, the applicant must pay the state fee. In accordance with paragraph 22 of Art. 333.33 of the Tax Code, its value as a general rule varies from 2 thousand for individuals to 22 thousand rubles. for organizations. However, the size of the state duty differs in some cases. For example, when alienating rights to an enterprise, the state duty can be up to 60 thousand rubles. (clause 21 of article 333.33 of the Tax Code).

There is no need to submit a receipt for payment of the duty to Rosreestr - service employees will receive this data from the State Information System on State and Municipal Payments (GIS GMP).

Registration is carried out within 7 working days after the official of the government agency receives the application and the documents attached to it (9 working days if the documents were submitted through the multifunctional center).

Results

To summarize, it is necessary to once again pay attention to the difference in the grounds and procedures for registering a transaction and transferring rights under it.
The transfer of rights to real estate is subject to accounting in any case, but registration of a transaction on the assignment of the right of claim is required only in 2 cases: if the original agreement concerned the lease of real estate (with some exceptions) or participation in shared construction. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What to do if registration information is missing

If all deadlines for providing information to the database have already passed, it is necessary to pay attention to other reasons for the lack of information.

Failure to register the contract is possible due to the following mistakes of the parties (both the buyer and the developer):

The representative of the developer company did not provide all the documents when contacting Rosreestr. Often the reason for this is the lack of rights to construct the facility as a whole. This can result in administrative penalties and even criminal liability for the applicant.
The DDU was issued with errors that were identified by Rosreestr employees. Perhaps, at the time of the inspection, they had already notified the developer of the mistake, but he had not yet contacted the buyer or could not do so due to lack of contact information.
The information was submitted by an unauthorized person. It should be noted here that the buyer himself can unilaterally register the DDU with Rosreestr. To do this, he just needs to provide copies of the title documents for construction, which can be taken from the developer himself.
An agreement with an identical number, but with a different owner of shared ownership, has already been registered in Rosreestr.

As a rule, Rosreestr employees issue a written refusal to register a child-care facility indicating the reason. If the reason also affects the buyer, authorized persons of the developer company notify him of the impossibility of registration. Next, the issue of eliminating the error is resolved: a new agreement is concluded, new documents are submitted, etc.

If the developer has not notified you of the problems, you should contact him personally if there is no data on the Rosreestr website. This is done for clarification. You should think about it, or even better, refuse further cooperation when company representatives cannot give an accurate answer. If this happens, you can request a written refusal from government officials in order to become familiar with the real reason. If this is not the case, it means that the company did not submit information for registration of the DDU.

Sometimes the DDU is simply lost when an authorized person of the development company takes away the registered contracts in Rosreestr, since several documents are given at once during one application. In this case, he should visit the branch again and request a duplicate of the contract, which will be issued immediately after paying the state fee.