Sample certificate of ownership
Until recently, the document was issued when making real estate transactions (today it has been replaced by another - an extract from the Unified State Register of Real Estate). It was printed on a special form in pink, orange, and green. Only Rosreestr (or the MFC, if the applicant applied there) had the right to issue it. The certificate reflects reliable, up-to-date information about the property, as well as its owner:
- Date of issue of the document.
- A document that serves as the basis for the transfer of ownership (for example, a purchase and sale agreement).
- Subject of law – full name, passport details, registration address of the owner of the property.
- Type of right – “property” is indicated.
- The object of the right is the address and description of the area and floor of the apartment.
- Cadastral number of the object.
- A note about the restriction of the right (if the apartment is mortgaged, under arrest, third parties are claiming it, and a case has been filed in court, a mark about the encumbrance is placed; in other cases there is no such mark).
Expert opinion
Salomatov Sergey
Real estate expert
For a description of the procedure for buying and selling an apartment through the MFC, see here.
Certificate of state registration of rights: where to get
Until July 15, 2021, a standard form was issued. After that, it moved into the optional category. When making real estate transactions, the determining document becomes the title document - the agreement of donation, sale or exchange.
Additionally, an extract from the Unified State Register is provided. This is an entry in the Unified Register that shows complete information about the object and the transition to the new owner.
After registration with Rosreestr, a paper extract is issued. The signature and seal of the responsible person who issued the document is affixed.
To obtain more current information at the moment, you must request it again. The document can be requested through the following authorities:
- MFC;
- Rosreestr by personal appeal;
- Rosreestr in electronic form.
To submit an application in person, you must contact any MFC or territorial department of Rosreestr at the place of registered property.
The application can be submitted on the spot, and the state fee is paid here. It takes up to 3 business days for a response. When contacting the MFC, the period increases to 5 working days, since it takes time to forward the application to Rosreestr.
Important! Today, the extract is provided not only to the owner, but also to any other person to check the purity of the transaction. For this reason, any citizen can submit an application.
An extract from the Unified State Register can also be obtained in electronic format. This method is convenient because it does not require personal presence either to submit an application or to receive a completed form. You can order an extract on the Rosreestr website. The result is sent to the registered user's email address.
Types of ownership certificate
As such, there is only 1 type of this document. Conventionally, several varieties can be distinguished, depending on the types of contracts (and other documents) on the basis of which the apartment became the property of a specific person:
- The most common option is when the object was purchased for money, i.e. The parties signed a typical sales contract. The document reflects the number, name and date of execution of the contract.
- Sometimes an apartment is transferred under a gift agreement, then the details of this agreement are specified in the certificate.
- Sometimes property rights are transferred as a result of a court decision - then the official name of the court, the date of the decision and the date of its entry into force are indicated in the sample.
- In the event of transfer of property to a new owner by will or inheritance, the main document is the certificate of inheritance. It must be certified by a notary.
- The apartment could also be privatized - the details of the apartment transfer agreement are indicated.
Expert opinion
Salomatov Sergey
Real estate expert
A transaction involving the transfer of real estate from one owner to another is not subject to mandatory notarization. But if the parties voluntarily contact a notary, the appropriate mark must be placed on the form.
Documents for obtaining a certificate of ownership
As for any legally significant action, to register ownership of an apartment, it is necessary to prepare a certain package of documents.
Of course, in each case its composition will vary slightly depending on the specific situation and the basis on which the right is registered, but nevertheless, it is possible to identify a certain approximate list of mandatory documents.
- Statement . You can get it either on the Rosreestr website or in the department. At your request, the employee receiving your documents can fill it out independently. In case of a transaction, the current owner must also write a statement.
- Passport of a citizen of the Russian Federation or any other identification document (for example, temporary ID). All you need is the original to present at the reception.
- Power of attorney , if the applicant’s representative will apply. It doesn’t matter whether one of the participants is a relative or a third party - the power of attorney must be in any case, and notarized. Original and copy provided.
- Receipt for payment of state duty. It should be noted here that, according to the law, its provision is not mandatory (this does not cancel the need for payment), the registrar himself must check the payment, but at the moment the system does not work well, so it is better to have the original and a copy of the receipt with you.
- A document base . Depending on the method of purchasing an apartment, this may be an agreement, a certificate of inheritance, a court decision or an act of a government agency. As a rule, two or more copies of this document are provided, in some cases - an original and a copy. When deciding how many copies to provide, you need to take into account that one of them will remain with the registration authority. If the right arises on the basis of an agreement, then it can be either notarized or drawn up in simple written form.
- , the acceptance certificate is provided upon availability, and may also be part of the contract itself. However, if the basis document is an agreement for participation in shared construction, then two copies of the act must be submitted to Rosreestr.
- Credit agreement , if borrowed funds are used to purchase an apartment.
- Notarized consent of the spouse of the former owner for alienation, if you acquire the apartment as a result of purchase and sale. But first you need to clarify how the seller himself got it. If by inheritance, donation or other gratuitous means, then consent is not required.
- Consent of the bank if the apartment is already mortgaged.
Is it issued today?
Today, this document is no longer issued when making real estate transactions (purchase and sale, donation, etc.). From July 2021, instead of a certificate, an extract from the Unified State Register is issued, which contains all similar information about the object (data about the apartment and data about its owner).
This extract is issued today by Rosreestr in the same way as a certificate of ownership was issued until mid-2021. The meaning and legal force of the document is exactly the same. At the same time, all certificates that were issued earlier continue to be valid - i.e. no replacement of the document is required . However, if the owner of an apartment, for example, sells it, he will be given a canceled certificate form, and then, when purchasing a new property, an extract from the Unified State Register of Real Estate.
How and where to obtain a certificate of ownership of an apartment
The document was issued to owners from January 31, 1998 to July 15, 2021, when paper document circulation was abolished and an electronic database of registered rights to real estate was introduced.
Since July 15, 2016, the issuance of certificates of ownership of real estate has been canceled, therefore, when registering property rights, the registration of this document is currently not provided.
At the moment, apartment registration certificates are not issued. Instead, they request from Rosreestr an extract from the EGRN (Unified State Register of Real Estate).
To do this, a state fee is paid and the electronic version of the document arrives by mail from a few minutes to a day, depending on the quality of the government agency’s database.
As before, as now, this paper did not confirm the ownership of the apartment, but only contained information that the right to own a particular property was registered with a government agency.
An extract from the Unified State Register of Real Estate is useful in all cases when you need to prove that the property belongs to you. For example, to enter into an agreement with organizations that provide electricity, heating, utilities, or a management company, for which it is important to know who the owner of the property is.
Certificate of ownership where is the series and number
In 1996, I purchased living space for my son under a purchase and sale agreement certified by a notary.
I didn’t register it with the SBI; the documents were returned from the SBI on the basis that the series and number of the state registration certificate for privatization were not indicated in the sale and purchase agreement.
The mistake in the contract cannot be corrected, the seller has disappeared.
I was scared - deception, shock, three children and I alone, last money, hid the contract, it was impossible to find for many years, I completely forgot about the purchase and sale. It stuck in my head that the neighbor allowed me to use the property; he allowed it before the sale. The seller learned about the rent debt after being summoned to court, paid the debt, learned about the loss of the purchase and sale agreement and sold the property a second time. I found the agreement by accident. In 2013, on February 12, outside buyers register a purchase and sale agreement with the Federal Reserve System, formerly the State Bureau of Investigation, and together with the police they break down the doors to the apartment and occupy the area. I'm in panic.
I find Federal Law No. 122-FZ of the Unified State Register of July 21, 1997, where in Article 6 Recognition of previously arisen rights
1. Rights to real estate that arose before the entry into force of this Federal Law are recognized as legally valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the request of their owners.
Which law is higher than the Civil Code or the Federal Law of July 21, 1997 N 122-FZ Unified State Register?
What to do, how to recognize ownership of the living space, on the basis of what legal norms to file a statement of claim + security for the claim? How to register ownership with the Federal Reserve System, since the seller cannot be found and the second buyers have registered ownership with the Federal Reserve System? In 1996, I purchased living space for my son under a purchase and sale agreement certified by a notary.
I didn’t register it with the SBI; the documents were returned from the SBI on the basis that the series and number of the state registration certificate for privatization were not indicated in the sale and purchase agreement.
The mistake in the contract cannot be corrected, the seller has disappeared.
I was scared - deception, shock, three children and I alone, last money, hid the contract, it was impossible to find for many years, I completely forgot about the purchase and sale. It stuck in my head that the neighbor allowed me to use the property; he allowed it before the sale. The seller learned about the rent debt after being summoned to court, paid the debt, learned about the loss of the purchase and sale agreement and sold the property a second time. I found the agreement by accident. In 2013, on February 12, outside buyers register a purchase and sale agreement with the Federal Reserve System, formerly the State Bureau of Investigation, breaking down the doors together with the police in the apartment and occupying the area. I find Federal Law July 21, 1997 N 122-FZ Unified State Register, art. 6 Recognition of prior rights
1. Rights to real estate that arose before the entry into force of this Federal Law are recognized as legally valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the request of their owners.
Which law is higher than the Civil Code or the Federal Law of July 21, 1997 N 122-FZ Unified State Register?
What to do, how to recognize ownership of the living space, on the basis of what legal norms to file a statement of claim + security for the claim? How to register ownership with the Federal Reserve System, since the seller cannot be found and the second buyers have registered ownership with the Federal Reserve System?
At the same time, do the second buyers sell to other third buyers?
Or, in my case, do I need to return the money under the purchase and sale agreement specified in it, but more than three years have passed since the transaction?
What to do?