State registration of rights to real estate and transactions with it

Terms and concepts

The concept of real estate subject to registration includes:

• land;
• bosom;
• objects related to land, the movement of which is impossible without causing damage to them (such as permanent buildings - a residential building, outbuildings).

Restrictions or encumbrances are the creation of conditions that infringe on the rights of persons to act with a particular object. These include and are often used: easement, lease, trust management, arrest, loan obligation, concession agreement and a number of others.

The basis for registration is Article 131 of the Civil Code of the Russian Federation, the Constitution of the Russian Federation, and the entire procedure is set out in the Federal Law on Registration of Rights to Real Estate dated July 21, 1997 No. 122-FZ.

By registering rights for an individual or legal entity to real estate and transactions with it, the state confirms and recognizes the emergence of rights or conditions to this property provided for by the Civil Code of the Russian Federation. This may be a restriction of rights, loss of rights or their transfer to other persons.

Note! State registration of rights to real estate is the only evidence of rights and can only be challenged in court.

All authorities, legal entities and individuals must understand and respect the rights of individuals to an object or a share in it.

Registration is exclusive and is carried out by a special federal body. No one can substitute or duplicate actions related to the registration of rights to own real estate.

Federal Law of July 13, 2015 No. 218-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

About state registration of real estate

Adopted by the State Duma on July 3, 2015
Approved by the Federation Council on July 8, 2015

(As amended by federal laws dated December 30, 2015 No. 431-FZ, dated April 26, 2016 No. 108-FZ, dated May 1, 2016 No. 119-FZ, dated June 2, 2016 No. 172-FZ, dated June 23, 2016 No. 221-FZ, dated 07/03/2016 No. 265-FZ, dated 07/03/2016 No. 304-FZ, dated 07/03/2016 No. 315-FZ, dated 07/03/2016 No. 351-FZ, dated 07/03/2016 No. 354-FZ, dated 07/03/2016 No. 361-FZ, dated July 1, 2017 No. 141-FZ, dated July 29, 2017 No. 217-FZ, dated July 29, 2017 No. 218-FZ, dated July 29, 2017 No. 222-FZ, dated July 29, 2017 No. 247-FZ, dated 07/29/2017 No. 280-FZ, dated 11/25/2017 No. 328-FZ, dated 12/31/2017 No. 486-FZ, dated 12/31/2017 No. 506-FZ, dated 12/31/2017 No. 507-FZ, dated 02/28/2018 No. 36 -FZ, dated 04/03/2018 No. 60-FZ, dated 06/29/2018 No. 171-FZ, dated 07/01/2018 No. 175-FZ, dated 08/03/2018 No. 308-FZ, dated 08/03/2018 No. 322-FZ, dated 03.08 .2018 No. 338-FZ, dated 08/03/2018 No. 340-FZ, dated 08/03/2018 No. 341-FZ, dated 08/03/2018 No. 342-FZ, dated 12/25/2018 No. 478-FZ, dated 12/27/2018 No. 538- Federal Law, dated 01.05.2019 No. 76-FZ, dated 17.06.2019 No. 150-FZ, dated 27.06.2019 No. 151-FZ, dated 27.06.2019 No. 153-FZ, dated 18.07.2019 No. 194-FZ, dated 26.07. 2019 No. 238-FZ, dated July 26, 2019 No. 248-FZ, dated July 26, 2019 No. 254-FZ, dated August 2, 2019 No. 267-FZ, dated August 2, 2019 No. 286-FZ, dated August 2, 2019 No. 299-FZ , dated December 27, 2019 No. 480-FZ, dated May 25, 2020 No. 162-FZ, dated May 25, 2020 No. 163-FZ, dated July 13, 2020 No. 202-FZ, dated July 31, 2020 No. 269-FZ, dated December 8, 2020 No. 404-FZ, dated December 22, 2020 No. 445-FZ, dated December 22, 2020 No. 447-FZ, dated December 30, 2020 No. 494-FZ, dated December 30, 2020 No. 505-FZ, dated December 30, 2020 No. 518-FZ, dated 04/05/2021 No. 79-FZ, dated 04/30/2021 No. 120-FZ, dated 05/26/2021 No. 148-FZ, dated 06/11/2021 No. 170-FZ, dated 06/28/2021 No. 226-FZ, dated 07/01/2021 No. 273-FZ, dated 07/01/2021 No. 275-FZ, dated 07/02/2021 No. 343-FZ, dated 12/06/2021 No. 408-FZ)

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law. Basic provisions

1. This Federal Law regulates relations arising in connection with the implementation on the territory of the Russian Federation of state registration of rights to real estate and transactions with it, subject to state registration in accordance with the legislation of the Russian Federation, state cadastral registration of real estate, subject to such registration in accordance with this Federal Law law, as well as maintaining the Unified State Register of Real Estate and providing the information provided for by this Federal Law contained in the Unified State Register of Real Estate.

2. The Unified State Register of Real Estate is a set of reliable, systematized information about real estate registered in accordance with this Federal Law, registered rights to such real estate, the grounds for their occurrence, right holders, as well as other information established in accordance with this Federal Law.

3. State registration of rights to real estate is a legal act of recognition and confirmation of the emergence, change, transition, termination of a certain person’s right to real estate or restrictions on such a right and encumbrance of real estate (hereinafter referred to as state registration of rights).

4. State registration of rights is carried out by making a record in the Unified State Register of Real Estate of the right to real estate, information about which is included in the Unified State Register of Real Estate. State registration of the transfer of the right to a real estate object, restriction of the right to a real estate object, encumbrance of a real estate object or a transaction with a real estate object is carried out subject to the existence of state registration of the right to this object in the Unified State Register of Real Estate, unless otherwise established by federal law. (As amended by Federal Law No. 120-FZ dated April 30, 2021)

5. State registration of rights in the Unified State Register of Real Estate is the only evidence of the existence of a registered right. The right to real estate registered in the Unified State Register of Real Estate can only be challenged in court. (As amended by Federal Law dated July 3, 2016 No. 361-FZ)

6. The right of ownership and other proprietary rights to real estate and transactions with it are subject to state registration in accordance with Articles 130, 131, 132, 1331 and 164 of the Civil Code of the Russian Federation. In cases established by federal law, restrictions on rights and encumbrances of real estate, in particular easement, mortgage, trust management, lease, rental, are subject to state registration, including on the basis of an agreement, or an act of a state authority, or an act of a local government body. living space.

7. State cadastral registration of real estate - entering into the Unified State Register of Real Estate information about land plots, buildings, structures, premises, parking spaces, objects of unfinished construction, unified real estate complexes, and in cases established by federal law, and about others objects that are firmly connected to the land, that is, the movement of which without disproportionate damage to their purpose is impossible (hereinafter also referred to as real estate objects), which confirm the existence of such a real estate object with characteristics that make it possible to define it as an individually defined thing, or confirm the cessation of its existence , as well as other information on real estate objects provided for by this Federal Law (hereinafter referred to as state cadastral registration). (As amended by Federal Law dated July 3, 2016 No. 315-FZ)

8. The provisions of this Federal Law do not apply to state accounting and state registration of rights to aircraft and sea vessels, inland navigation vessels, and subsoil plots. (As amended by Federal Law dated July 3, 2016 No. 361-FZ)

Article 2. Legal basis for state cadastral registration and state registration of rights

1. The legal basis for the relations specified in Part 1 of Article 1 of this Federal Law is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them. (As amended by Federal Law No. 120-FZ dated April 30, 2021)

2. In cases established by this Federal Law, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the legal basis for the relations specified in Part 1 of Article 1 of this Federal Law also constitutes regulatory legal acts of the federal executive body authorized to carry out functions according to regulatory -legal regulation in the field of maintaining the Unified State Register of Real Estate, carrying out state cadastral registration of real estate, state registration of rights to real estate and transactions with it, providing information contained in the Unified State Register of Real Estate (hereinafter referred to as the regulatory body). (As amended by Federal Law No. 120-FZ dated April 30, 2021)

Article 3. The body carrying out state cadastral registration and state registration of rights

1. State cadastral registration, state registration of rights, maintenance of the Unified State Register of Real Estate are carried out by the federal executive body authorized by the Government of the Russian Federation and its territorial bodies (hereinafter referred to as the rights registration body). (As amended by Federal Law No. 120-FZ dated April 30, 2021)

2. The federal executive body specified in Part 1 of this article:

1) coordinates and controls the activities of rights registration bodies;

2) ensures that the rights registration authorities comply with the procedure for maintaining the Unified State Register of Real Estate, and also operates the federal state information system for maintaining the Unified State Register of Real Estate;

3) develops and publishes methodological materials for rights registration authorities on the implementation of state cadastral registration, state registration of rights, maintenance of the Unified State Register of Real Estate, provision of information contained in the Unified State Register of Real Estate;

4) provides training and advanced training for employees of rights registration authorities;

5) exercises other powers established by this Federal Law and other federal laws.

3. The competence of the rights registration body when it carries out state cadastral registration and state registration of rights includes:

1) acceptance of an application for state cadastral registration and (or) state registration of rights and documents attached to it;

2) checking the validity of the documents submitted by the applicant and the availability of the corresponding rights of the person or authority who prepared the document;

3) checking the availability of previously registered and previously declared rights;

4) state cadastral registration and state registration of rights;

5) issuance of documents confirming the implementation of state cadastral registration and (or) state registration of rights;

6) maintaining the Unified State Register of Real Estate, unless otherwise established by this Federal Law; (As amended by Federal Law No. 120-FZ dated April 30, 2021)

7) registration of ownerless real estate in the manner established by the regulatory body;

other powers established by this Federal Law.

(Part as amended by Federal Law dated July 3, 2016 No. 361-FZ)

4. (Part no longer in force - Federal Law dated April 30, 2021 No. 120-FZ)

5. (Part introduced - Federal Law dated 07/03/2016 No. 361-FZ) (Repealed - Federal Law dated 04/30/2021 No. 120-FZ)

Article 31. Federal state budgetary institution subordinate to the body for registration of rights and exercising powers in the field of state cadastral registration and state registration of rights

1. In the field of state cadastral registration and state registration of rights, certain powers and the provision of certain public services may be exercised by a federal state budgetary institution subordinate to the federal executive body specified in Part 1 of Article 3 of this Federal Law.

2. The federal state budgetary institution specified in part 1 of this article, in the field of state cadastral registration and state registration of rights, exercises the following powers and provides the following public services:

1) on-site acceptance of an application for state cadastral registration and (or) state registration of rights and documents attached to it, issuance by courier delivery of documents confirming the implementation of state cadastral registration and (or) state registration of rights, other documents to be issued to applicants after the implementation of the state cadastral registration and (or) state registration of rights in accordance with this Federal Law in the form of documents on paper, as well as notifications of suspension of state cadastral registration and (or) state registration of rights, notifications of refusal to carry out state cadastral registration and (or) state registration of rights, notifications of termination of state cadastral registration and (or) state registration of rights;

2) provision of information contained in the Unified State Register of Real Estate, as well as analytical information obtained on the basis of information contained in the Unified State Register of Real Estate;

3) maintaining the register of boundaries specified in paragraph 3 of part 2 of article 7 of this Federal Law;

4) ensuring information interaction between the rights registration authority and cadastral engineers in accordance with Article 20 of this Federal Law;

5) performing the functions of an operator of the federal state information system for maintaining the Unified State Register of Real Estate;

6) translation of documents contained in register files, the storage of which is (was) carried out in the form of documents on paper, into the form of electronic images of such documents;

7) development, implementation and information support of electronic services necessary for the provision of services in the field of state cadastral registration, state registration of rights and provision of information contained in the Unified State Register of Real Estate, as well as the provision of these services through these electronic services;

determination of the coordinates of characteristic points of the boundaries of adjacent and (or) non-adjacent land plots, determination of the area of ​​such land plots, coordinates of characteristic points of the contours of buildings, structures, unfinished construction objects, as well as coordinates of characteristic points of the boundaries of municipalities, settlements, territorial zones, forestries when correcting errors provided for in Part 3 of Article 61 of this Federal Law;

9) other powers provided for by the decision of the federal executive body specified in Part 1 of Article 3 of this Federal Law, with the exception of the powers established by paragraph 4 of Part 3 of Article 3 of this Federal Law.

3. The federal state budgetary institution specified in part 1 of this article, when exercising powers and providing services provided for in this article, is subject to the requirements provided for by Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services” to the organization and procedure for interaction with applicants in the provision of public services and provisions on liability for violation of these requirements. The provisions of this Federal Law apply to such a federal state budgetary institution insofar as otherwise does not follow from the essence of the relevant legal relations.

4. The federal state budgetary institution specified in Part 1 of this article has the right, in cases established by the Government of the Russian Federation, to prepare the documents necessary for entering into the Unified State Register of Real Estate the information specified in paragraph 3 of Part 2 of Article 7 of this Federal Law.

5. Income from the activities specified in this article, as well as in Part 1 of Article 33 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities”, comes to the disposal of the federal state budgetary institution specified in Part 1 of this article , unless otherwise established by the budget legislation of the Russian Federation.

(Article introduced - Federal Law dated April 30, 2021 No. 120-FZ)

Article 4. Participants in relations in the implementation of state cadastral registration and state registration of rights

The participants in the relations arising during the implementation of state cadastral registration and (or) state registration of rights are the owners of real estate and holders of other rights to it subject to state registration, other persons in the cases provided for by this Federal Law, including citizens of the Russian Federation, foreign citizens and stateless persons, Russian and foreign legal entities, international organizations, the Union State, foreign states, the Russian Federation, constituent entities of the Russian Federation, municipalities, state authorities of the Russian Federation, government authorities of the constituent entities of the Russian Federation and local governments, cadastral engineers, notaries , bailiffs, on the one hand, and the rights registration authority, on the other.

Article 5. Identifiers used in maintaining the Unified State Register of Real Estate

1. Each property, information about which is included in the Unified State Register of Real Estate, has an unchangeable, non-repeating cadastral number over time and on the territory of the Russian Federation, assigned by the rights registration authority.

2. Each record of the right to a real estate object, information about which is entered into the Unified State Register of Real Estate, of a limitation of the right or encumbrance of a real estate object, is identified by an unchangeable registration number that is not repeated over time and on the territory of the Russian Federation.

3. In order to assign cadastral numbers to real estate objects, the rights registration authority carries out the cadastral division of the territory of the Russian Federation into cadastral districts, cadastral districts and cadastral quarters (hereinafter referred to as cadastral division units). When establishing or changing cadastral division units, the relevant information is entered into the Unified State Register of Real Estate on the basis of legal acts of the rights registration authority.

4. Boundaries of zones with special conditions for the use of territories, territorial zones, boundaries of public easements, boundaries of territories of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as cultural heritage sites), specially protected natural areas, special economic zones created in in accordance with Federal Law No. 116-FZ of July 22, 2005 “On Special Economic Zones in the Russian Federation” (hereinafter referred to as special economic zones), hunting grounds, territories of rapid socio-economic development, territorial development zones in the Russian Federation, gambling zones, forestries, the State border of the Russian Federation, borders between constituent entities of the Russian Federation, boundaries of municipalities, boundaries of settlements, coastlines (borders of water bodies), boundaries of the Baikal natural territory and its ecological zones, information about which is included in the Unified State Register of Real Estate, have an unchangeable , an identification register number (hereinafter referred to as the border register number) that is not repeated over time and on the territory of the Russian Federation, assigned by the rights registration authority. (As amended by federal laws dated 03.08.2018 No. 341-FZ, dated 27.12.2018 No. 538-FZ, dated 18.07.2019 No. 194-FZ)

5. The procedure for cadastral division of the territory of the Russian Federation, the procedure for assigning cadastral numbers, registration numbers, and border registry numbers to real estate objects are established by the regulatory authority.

6. Cadastral numbers, registration numbers, and border registration numbers contained in the Unified State Register of Real Estate are mandatory for use in other state information resources, as well as in interdepartmental information interaction.

Article 6. Geodetic and cartographic basis of the Unified State Register of Real Estate

1. The geodetic basis of the Unified State Register of Real Estate (hereinafter referred to as the geodetic basis) is state geodetic networks, as well as special-purpose geodetic networks created in accordance with the legislation on geodesy and cartography (hereinafter referred to as reference boundary networks). (As amended by Federal Law No. 431-FZ dated December 30, 2015)

2. The cartographic basis of the Unified State Register of Real Estate (hereinafter referred to as the cartographic basis) is a unified electronic cartographic basis created in accordance with the legislation on geodesy and cartography. Information about the cartographic basis is posted on the official

Principles of state registration of rights to real estate

The main set of rules - the basis for activities in the registration of rights, is spelled out in the first chapter of the Federal Law - No. 122, and is provided for in Article 131 of the Civil Code of the Russian Federation.

The most important of them are:

1. The presence of a single register of rights, where one database is used, which simplifies control, accounting, and allows for high-quality maintenance of technical documentation.
2. Registration of objects, shares, rights to real estate is mandatory and is reflected in the register. Cases where rights arose before the appearance and entry into force of this law are exceptions. Confirmation in such a situation are BTI documents issued by local authorities, purchase and sale agreements certified by a notary. (Article 4 of the Federal Law)
3. According to Article 7 of the Federal Law on the registration of rights to real estate, information about registration is stored in the public domain. Anyone can, if necessary, make a request and send it to the authorities to obtain the necessary certificate.

Raising Awareness: New Notices

From 10.28.2021 notify:

• the pledgee - about the receipt of documents for state registration of the transfer, restriction or encumbrance of the right to the pledged property and its results;
• the mortgagor and the mortgagee - on the repayment of the mortgage record (deadline - no later than the next business day).

In conclusion, we note that there are other amendments to the state registration of real estate and cadastral registration from October 28, 2021. But they are more technical in nature and relate to Rosreestr, cadastral engineers, notaries, MFC and other participants in these legal relations.

Also see “ Big changes in state registration of real estate rights and cadastral registration from 04/30/2021: review of the law .”

Goals and objectives

First of all, it is ensuring the safety of owners and persons with encumbrances and protecting their rights. Everyone who participates in legal relations equally receives the services of a registrar to change the status of the owner of objects of ownership, shared participation, his readiness to perform other actions, to provide supporting documents. If the participants in the established relationship violate the terms of the transaction, they are denied registration.

Transparency of relations allows citizens to receive the necessary information and protects them from the risk of being deceived. Any of the parties, having independently examined the documents and doubting their veracity, may refuse and cease further actions to register ownership rights to real estate.

Providing reliable information, which is called “on demand”, and making it public eliminates the possibility of behind-the-scenes or shadow activities associated with the registration of rights.

The profitability received by the participants in the relationship also becomes transparent. The tax service is notified about this, the purpose of which is to collect taxes on the profits of participants. The duty of Rosreestr is to provide them with such information.

One of the last goals is to carry out explanatory work with owners to prevent illegal actions on their part when working with real estate.

The ability to register your own rights to a real estate property has made it possible to significantly reduce the number of fraudulent schemes for acquiring rights to real estate.

Registration of real estate also solved the problem of unfinished construction. They could not be used in circulation for a long time, but now the owner, who has not completed the construction of the building, can obtain documents for it and make transactions with it.

Rights and transactions subject to registration

The entire main list of rights is published in Article 4 of the Federal Law No. 122 and includes:

1. All real rights, property, the ability to make transactions. This includes land plots, permanent buildings, and temporary buildings. The enterprise is registered as one whole. Referred to as a property or real estate complex, premises or shares in property rights.
2. The list of restrictions and encumbrances implies the presence of a loan, trust management, lease, easement, gratuitous use. When renting or leasing real estate for a period of one year or more, an agreement is registered.

Registration process

In order to register a right or transfer it, you need to prepare supporting documents about the emergence of grounds for this. If you do not have such experience, then it is better to use the legal services of specialist practitioners on this issue. This will save you time, health and money. Visits to various departments in order to obtain the necessary certificate and draw up the correct request will take a long time.

Prepare the basic documents necessary to register real estate rights. There are no strict deadlines for submitting documents. It is assumed that the person who is the owner is interested in the speedy transfer of his property, and the person who acquires it is interested in completing all the documents. That is, the participants themselves have a direct interest in the brevity and speed of the registration procedure.

Rosreestr is a federal body authorized to carry out state registration. You can complete the transaction at any of its representative offices. An alternative to it is a multifunctional center for receiving documents.

To carry out transactions, the following documents are required:

1. Personal passports of the participants in the process.
2. Purchase and sale agreement, or other agreement (in 3 copies)
3. A check confirming that the state duty for registering rights to real estate has been paid.
4. Cadastral passport.
5. Receipts or other documents proving financial settlements between participants.

Additional requirements may also arise. It depends on who the owners are, their capacity and status. If the property belongs to a minor, then the participation of the guardianship authorities is necessary, or the consent of one of the parents, certified by a notary, if the property is shared. A written consent, certified by a notary, is also required from the persons who own shares in the real estate. An application for state registration of rights to real estate is completed through the MFC or in Rosreestr.

Registration deadlines for preschool education have been shortened

Agreements of shared participation in the construction of an apartment building and/or other real estate with the second and subsequent shareholders are registered faster in Rosreestr from October 28, 2021. Namely:

• 3 working days – when submitting an electronic application and relevant documents;
• 5 working days – applications on paper;
• 7 working days – applications through the MFC.

Please note that until October 28, 2021, the period for state registration of any preschool educational institution was 7 working days from the date of receipt of documents. And if they are submitted through the MFC – 9 working days.