How to obtain a certificate of state registration of ownership of an apartment?

In accordance with the Constitution of the Russian Federation, the state is entrusted with the function of guarantor of private property rights.

The state realized its powers in this area by creating an all-Russian system of accounting and control - Rosreestr . This body keeps records of real estate, records of transactions with it, records of land plots and transactions with them.

After Federal Law No. 218-FZ “On State Registration of Real Estate” came into force at the beginning of 2021, the issuance of certificates of ownership of housing, cadastral passports for real estate and extracts from the unified register of rights was cancelled. These documents will be replaced by an extract from the Unified State Register of Rights to Real Estate (USRN).

Why do you need a certificate?

This document is issued by the Rosreestr authorities and confirms that a certain piece of real estate, say, an apartment, currently belongs to you.

The certificate confirms your right to own, use and dispose of the property and is a title document .

Delegation of accounting and control over real estate transactions to a government body pursued several goals:

• protecting the rights of the property owner and guaranteeing the security of transactions;
• formation of a civil legal circulation system;
• control over the circulation of funds in the form of state duties;
• ensuring transparency of transactions.

Information from the real estate register can be obtained upon request by any person in relation to any object.

Special cases

We figured out how to register a purchased and a new house. Now let's look at how to behave when decorating an inherited house, an ownerless building or a summer cottage.

1. If real estate was inherited from a loved one who passed away, the inheritance procedure will become an integral part of the registration process. The notary issues a document that confirms the right to the house. An agreement on the division of the inheritance is signed or a refusal is received from the other heirs. After which a fee is paid, then the documents are submitted to the Russian Register.
2. You can register a house that has no owner. If the building has been abandoned for 15 years, it is registered under acquisitive prescription. To do this, it is necessary to confirm that the person claiming ownership of the structure has owned it openly and in good faith for the last fifteen years. The administration of the locality where the house is located has the right to do this.
3. A country house is a real estate object that does not require a construction permit or commissioning. It is much easier to make documents for it than to register ownership of a built house.

Documents for such a structure must include:

• A copy of the duty payment receipt;
• Passport;
• Completed documentation from the BTI;
• Legal documents defining the land plot;
• Declaration of the object (filled out independently in accordance with the established form).

Legal grounds for registering property rights

To obtain a certificate, it is not enough to simply declare that the apartment belongs to you - you must provide documents confirming the fact that you have ownership rights.

The first group of legal grounds includes grounds arising from contractual relations, such as contracts:

• purchase and sale of real estate;
• barter;
• donations;
• equity participation in construction;
• annuities;
• as well as other types of contracts that are the basis for the emergence of ownership of real estate.

In addition, you can receive an apartment by right of inheritance (by will or by law), the latter will be confirmed by a corresponding certificate issued by a notary.

Another basis for acquiring property rights may be a court decision .

If you received ownership of a property before the current laws on registration of rights came into force, then an extract from the household register or another similar document issued by a local government body will serve as the legal basis.

How to register ownership of a house in SNT

In a gardening partnership, registration of ownership follows general requirements. But before you register ownership of a house on a garden plot, you need to find out whether the plot on which the house stands is already owned by someone else. If the plot is vacant, then the municipality receives a certificate of ownership. In some cases, boundary surveying is required.

Then a cadastral passport of this site is ordered from the regional Rosreestr. To do this, you will need ownership documents and a passport. State duty is paid. A few days later they receive an extract from the register.

An application is filled out describing the garden house, which indicates the number of storeys, area of ​​the building and the material from which it is made. The building is entered into the state register. If a house is purchased from other owners, then all documents are simply reissued.

What documents are needed to register ownership of an apartment?

Depending on the type of legal basis, the specific list of documents to be submitted to Rosreestr may vary.

So, the list of documents includes:

• title document (their list is given above);
• transfer deed (can be obtained after contacting the developer);
• cadastral passport with a plan of the purchased apartment (data must be in Rosreestr);
• loan agreement and mortgage (documents are needed when purchasing an apartment using a mortgage or other loan, the documents are drawn up at the creditor bank);
• permission from the guardianship and trusteeship authority (if there are minor children in the family);
• documents confirming the absence of debt on utility bills;
• receipt of payment of state duty;
• a copy of an identification document, usually a civil passport (the copy does not need to be certified by a notary);
• application in the prescribed form.

Documents must be prepared in a sufficient number of copies. In this case, the title document is a purchase and sale agreement; it is necessary to provide 3 copies (one for each party and one remains in Rosreestr).

Documents on several pages must be bound and numbered.

All documents are provided with originals for verification on site (the originals will be returned immediately).

Is it possible to build a building on a rented plot of land?

The Land Code of the Russian Federation (Article 41) allows this. But it is necessary that the purpose of the building coincides with the category of land. In fact, the tenant of the site has similar rights to the construction of the object as its owner .
The only obstacle is the presence in the lease agreement of a clause that prohibits capital construction on the site. All work must be agreed upon with the owner of the site before construction begins. All nuances must be written down in the agreement to avoid future disputes and litigation.

Where to apply to receive it?

Currently, to register ownership of real estate, you can contact:

1. To the nearest Rosreestr or cadastral chamber.
2. To the nearest multifunctional center (MFC) . These centers are vested with the authority to provide Rosreestr services (but they are not limited to this, the range of their services is quite wide).
3. By mail . No one is stopping you from collecting all the necessary documents and sending them either to the nearest Rosreestr office or to the capital, to the single address for receiving Rosreestr correspondence.
4. By ordering field service . If for one reason or another you are unable to personally come to the office of Rosreestr or the MFC, you can order the service of a Rosreestr specialist visiting your home, who will first accept the necessary documents from you, then, after the required time, will deliver the documents to your home. The cost of the service varies depending on the region.

The implementation of the federal project “Electronic Russia” is gradually bringing visible results, and now, to save your time, you can pre-select the day and time to request the service by making an appointment either by phone or using the electronic service.

What should you be wary of when purchasing a building if it is located on a leased area?

The main risk in this case is that the new property owner does not have the right to buy the land . He can only acquire the right to lease. But it may be limited in time. Often such buildings are sold closer to the expiration date of the contract.

After this, the site will have to be vacated, since local authorities will not necessarily agree to sign an agreement with the new owner. And in general this is done only through the bidding procedure.

As for the agreement for the purchase and sale of real estate, if its terms are fully met, the transaction cannot be terminated. Consequently, the buyer will simply lose money.

Another nuance is the payment arrears of the previous tenant. This should be clarified before purchasing real estate (you can find out about how to find out about debts and write a claim for debt collection under a land lease agreement in this article). The fact is that the land owner has the right to terminate the agreement after money for the use of the site has not been received two times in a row or more.

Any buildings can be erected on the rented plot. The main requirement is that their purpose coincides with the category of land. In addition, for capital projects you need to obtain a development permit. Once the building is ready, ownership is issued to it. Only after this is it possible to transfer the land from lease to ownership. This can be done for money or free of charge - it all depends on the specific situation and what is specified in the lease agreement.

Procedure and deadlines for issuing a certificate

According to the current legislation, Rosreestr authorities are given a period of 10 days .

In a number of cases at the regional level for certain categories of citizens, this period can be reduced to 7 or 5 days .

During this time period, a legal examination of the submitted documents is carried out, and if the competent authority has doubts, the registration procedure may be suspended for a certain period.

The procedure for issuing a certificate of ownership generally coincides with the options for submitting documents, that is, you can receive the final document either at the Rosreestr office, or at the MFC, or by mail, or with delivery by a specialist as part of the field service.

Why register a house?

All the time until a capital construction project is put on the cadastral register and registered, it is not a legally independent object. This means that you cannot make transactions with him. If, for example, you decide to sell or donate or even inherit this property, without the real estate registration procedure, you will not succeed. The owner of the right can dispose of the house in full only after the data about it is in the Unified State Register of Real Estate.

Why do you need to register rights?

• Taxation of real estate. Only officially registered real estate is subject to property tax.
• Protection of rights by the state. The state is obliged to protect property rights, but this applies to those objects whose information is included in the Unified State Register of Real Estate.
• Compensation in case of emergency. When a house is destroyed as a result of emergency circumstances, the copyright holder is entitled to compensation from the state. If you lived in a house that was not registered, you will not be able to receive compensation.

Putting real estate on the cadastre and registering property rights are two mandatory actions after construction is completed. They are performed in one stage.

Possible reasons for refusal of registration

And in conclusion, let’s touch on an unpleasant issue - the reasons why you may be denied registration, and specifically:

• the application contains errors or is submitted by the wrong person;
• there are errors in the technical passport for the apartment (most often this concerns the determination of shares) and in other documents provided;
• the form of the agreement is not observed (it will be especially offensive if you simply forgot to sign it) or the document does not indicate essential circumstances (as in a mortgage agreement, information about the subject of the mortgage, terms, etc. is usually omitted);
• the state duty was paid using incorrect details or not in full;
• an incomplete package of documents has been submitted;
• there are contradictions between the declared rights to the property and those already registered.

There are two ways that the registrar can take in this situation - suspend the procedure or refuse registration .

Suspension of registration is carried out for a period of up to 1 month and is carried out to provide the applicant with an opportunity to correct mistakes made. If this is not done, the registrar is obliged to refuse registration.

Within five days you will be notified in writing of the reasons for refusal to register the right. Most importantly, the registration authority’s refusal must be motivated. If you do not agree with the decision of the registration authority, you can appeal it in court.

How to deal with “unfinished construction”

Such a house can also be registered as a property, but the main stages of construction must be completed. The building cannot be moved to another location.

If a citizen acts as an investor, then the signed agreement is considered the basis of his rights as an owner. There is only one obstacle: if the contract stipulates a clause according to which the house is transferred into ownership after putting it into operation. This condition can make it difficult to take possession of the property.

How to register ownership of an unfinished house? The following documents will be required for registration:

• description of the building;
• design documentation;
• building permit;
• documents establishing the right to a land plot.

If documents for the land are not properly completed, the house will be considered to have been built without permission and, by law, is subject to demolition. First you need to design the site, and then the objects located on it.