Suspension of state registration of property rights in 2021

Suspension of registration of ownership of an apartment, plot or other real estate is permitted only on the grounds specified in Law No. 218-FZ. Registrars are required to indicate such reasons in the notification sent to the applicant. The algorithm of actions after a decision on suspension is made depends on its grounds. In most cases, it is necessary to submit new or additional documents and eliminate violations. If the decision of Rosreestr is obviously unlawful, you can file a complaint.

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Read in the material why the registration of ownership of an apartment or other object may be suspended, how long the procedure may be postponed, how to eliminate violations or file a complaint.

What is suspension of state registration of property rights

The process of registering rights to real estate is described in Law No. 218-FZ (). Rosreestr registrars and applicants must follow it. Registration can be carried out in relation to a new object, or when transferring rights following transactions. Based on the results of reviewing the documents, one of the following decisions may be made:

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• on registration of rights, entering relevant data into the state register of the Unified State Register of Real Estate;
• about the return of documentation to the applicant, the registration procedure cannot initially be carried out through Rosreestr;
• about the suspension of state registration to eliminate deficiencies and violations;
• on refusal of registration if the applicant has not eliminated the reasons for suspension within the prescribed period.

The registration process in Rosreestr is open. This means that information about the reasons for return, suspension or refusal must be communicated to the applicant, reasoned and justified with references to the law. Accordingly, the applicant can eliminate the reasons for the suspension of registration of ownership of an apartment, plot or building, or file a complaint about illegal actions.

Expert commentary. The registrar is obliged to make one of the above decisions within the time limits specified in Art. 16 of Law No. 218-FZ. Registration is given 7 days when applying directly to Rosreestr and 9 days when submitting documents to the MFC. If cadastral registration is carried out simultaneously, the deadlines will be 10 and 12 days, respectively. It is during the specified period of time that the registrar must make a decision on the documents received.

Approximate block diagram of cadastral registration and registration in Rosreestr. One of the possible stages of the procedure is the suspension of registration.

What are the consequences of suspending state registration of rights to real estate?

Suspension of registration of a right automatically extends the total duration of the procedure. This means that the owner of the property will not be able to dispose of it, and further completion of the transaction will be delayed. Even more serious problems may arise. If the violations listed in the notice of suspension of state registration of rights are not corrected, a refusal decision will be made. In such circumstances, you will have to go through the entire procedure again, or refuse the transaction.

What to do if a refusal is issued?

You have the right to appeal a negative decision of Rosreestr. Current legislation does not provide for a mandatory pre-trial procedure for resolving such disputes - this means that you can immediately go to court. Cases of appealing decisions of Rosreestr in accordance with the explanations of the Plenum of the Supreme Court of the Russian Federation are considered according to the norms of the Civil Procedure Code of the Russian Federation. The statement of claim must be filed with the district court at the location of the land plot. You will need to pay a state fee of 300 rubles. If the above requirements are not met, the court will return the statement of claim without consideration.

Currently, an application to the court can be submitted not only in traditional paper form, but also via a digital communication channel - by drawing up a document on the official website of the court and certifying it with an electronic digital signature.

State the circumstances of the case in the statement of claim. Indicate the reason why Rosreestr refused to register the land plot. Give arguments in your favor, justify the fallacy of the position of the state registrar. Support your arguments with evidence by attaching documents related to the essence of the dispute to the statement of claim. We recommend that you take the help of professional lawyers specializing in land issues - they will make your work easier and increase your chances of success.

The statement of claim must include two requirements:

• the main one concerns the recognition of refusal to register land as illegal;
• additionally concerns the imposition on Rosreestr of the obligation to perform state registration of ownership of the site.

Subject to the rules of jurisdiction and the requirements for the content and form of documents, the court will consider the statement of claim and make a decision. It will be positive if the judge determines that you are right and that your arguments are fair. In this case, Rosreestr will be charged with registering a plot of land, and without you submitting a new application - solely on the basis of a court decision and documents that you submitted to the registrar earlier. Rosreestr will notify you within three days of receipt of the court decision and inform you about the deadline for state registration of the land plot.

Registration suspension period

The delay in registering property rights can be up to three months. The exact timing of the suspension depends on the grounds for issuing the decision. Here is what is said on this issue in Art. 26 of Law No. 218-FZ:

• on most grounds regulated by Article 26 of Law No. 218-FZ, the procedure can be suspended for a period of up to 3 months;
• if registrars have not received information requested from other structures and departments, suspension is allowed for up to one month;
• If the inspection reveals that state registration is impossible due to arrests, prohibitions and encumbrances, the suspension will last until such grounds cease.

During the three months that the procedure is suspended, the parties may lose interest in completing the transaction. This will result in lost profits or direct damage. If registration of rights to a new object is suspended, losses will consist of the impossibility of normal operation, sale or rental of real estate.

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Expert commentary. In Art. 26 of Law No. 218-FZ regulates the maximum permissible periods for suspending the registration of property rights. But the registrar may indicate a shorter period. This depends on the characteristics of the registered rights and the nature of the violations.

Suspension of state registration. Questions to the expert.

Soloviev Petr

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

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Question to the expert

How can I find out about the suspension of registration if I have not been notified by Rosreestr?

You can contact the Rosreestr registrar in person, or send a written request. A response to an appeal must be given within 14 days.

What is better is to appeal the notice of suspension. or start eliminating violations and claims of Rosreestr?

It depends on the grounds for suspension and the nature of the violations. If it is enough to present one document, there is no point in filing a complaint.

Is it necessary to pay the state fee again if the violations have been eliminated and we ask to restore the registration?

No, the state fee is paid for a single registration procedure. There is no need to pay additional duty.

Hello! Can a suspension be made retroactively if registration has already been completed?

No, they can't. Only invalidation of a registration record is allowed, but for this, interested parties must go to court.

When is it permissible to suspend registration of property rights?

You can find out why the registration of property rights was suspended from the Rosreestr notification. The registrar can only indicate those grounds that are expressly stated in Art. 26 of Law No. 218-FZ. If other reasons are reflected, the actions of the Rosreestr specialist can be appealed. You can get help in eliminating violations or appealing suspensions from our company.

According to the application

State registration may be suspended by decision of an official of Rosreestr. At the request of the applicants (owner, parties to the transaction), only termination of the registration procedure is allowed. This is stated in Art. 31 of Law No. 218-FZ. If you submit an application to Rosreestr to suspend registration actions, it will not be satisfied.

The procedure for terminating the registration of rights or a transaction is as follows:

• All applicants are required to submit an application (suspension of a transaction in Rosreestr based on a unilateral application from the seller or buyer is not allowed);
• if documents for registration were submitted through a notary, the same method is used when applying to terminate the procedure;
• if registration actions are carried out at the request of the bailiff, i.e. within the framework of enforcement proceedings, termination of the procedure is allowed only by a judicial act.

Termination entails the return of documents. Accordingly, no information is entered into the Unified State Register.

One of the grounds for suspension is the ban on registration actions imposed by the bailiff.

Grounds for suspension of state registration of rights

In Art. 26 of Law No. 218-FZ lists 63 grounds for suspension of registration of property rights. Most of them are associated with registry or technical errors that arise when drawing up boundary plans and technical plans. For this reason, we recommend that you carefully consider the choice of cadastral engineers. Our company employs only experienced and qualified specialists, whose documents successfully pass registration and state registration in Rosreestr.

Here are the most common reasons for the suspension of real estate registration that citizens or organizations may encounter:

• lack of rights to the object, authority to make a transaction or sign documents;
• identification of inconsistencies and contradictions with registered rights;
• lack of mandatory documents, without which registration is impossible;
• identification of counterfeit documents and unreliable information;
• the presence of arrests, prohibitions and encumbrances that make registration actions impossible;
• recognition of a transaction or regulatory act as invalid by a court decision;
• lack of notarization of documents, if this is a mandatory requirement of the law;
• registry and technical errors in documents and information;
• absence of signs of isolation and isolation for newly created premises;
• many other reasons.

Rosreestr is obliged to justify and justify the suspension. To do this, the notification indicates the essence of the violation with reference to the rule of law. Notification is always in writing and sent to applicants.

Expert commentary. There may be cases when the registrar identifies several circumstances and reasons for suspension. They may be indicated in one notification. The period of suspension of registration of property rights cannot be increased if Rosreestr has identified several specified reasons.

If the grounds for suspension are eliminated, the applicant will receive an extract from the Unified State Register of Rights with registered rights.

When can registration be refused?

Registration will be refused if the applicant has not eliminated the grounds for suspension or violated the elimination deadline. Therefore, Rosreestr cannot immediately issue a refusal decision. If you are faced with refusals, although there was no suspension previously, you can immediately file a complaint against the actions of the registrars.

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Expert commentary. Cases when Rosreestr allows violation of registration deadlines occur quite rarely. The mechanism of interaction between registrars and applicants and other structures is explained in many letters and instructions. If the deadlines are violated without issuing notices of suspension, this is grounds for filing a complaint.

Prospects for appeal

A study of judicial practice allows us to conclude: applicants who have eliminated shortcomings in the documents and the legal status of the land, in many cases, manage to successfully appeal Rosreestr’s refusals to carry out registration actions. The most difficult case, perhaps, is the absence of a land plot in the state real estate cadastre. The prospects for appealing the refusal are zero - Rosreestr cannot register something that legally does not exist, and not a single court will take the opposite point of view. We recommend ordering a land survey, registering the site with the cadastral register, and only after that appealing the negative decision of the state registrar.

How to find out the reason for suspension

To determine what to do after suspension in Rosreestr, you need to know the reasons for the decision. In particular, when filing complaints, you must always provide references to the rules of the law, to evidence of the legality of your actions. Without knowing the reasons for the suspension, this is impossible to do.

Notice of suspension of registration of property rights

Rosreestr sends a notification of suspension of state registration to all applicants. This will be done by mail, or through the electronic services of State Services and Rosreestr. If the failure to eliminate the reasons is due to improper notification, it is necessary to file a complaint with the court. You can contact the registrar yourself if the legal deadline for the registration procedure has passed. If a notice has already been issued at this point, it will be issued in person.

The registrar's notice discloses the reasons for suspending registration.

Return of application without consideration

The decision on return is made by the specialist responsible for accepting documents. In this case, the matter does not reach the state registrar and an in-depth legal examination of the situation. The application is returned without consideration if:

• the state fee for registering ownership of a land plot has not been paid (for individuals its amount is 2,000 rubles);
• the submitted documents contain crossed out words, additions, erasures, and other corrections;
• documents are written in pencil and cannot be clearly interpreted;
• there is no personal signature of the applicant in the application for registration of the land plot;
• there is an entry in the Unified State Register of Real Estate that the plot cannot be registered without the personal presence of the applicant.

If the documents you submitted were returned to you without consideration, eliminate the existing shortcomings and resubmit the application to Rosreestr.

What to do if registration of property rights is suspended

We will analyze the mechanism of action of the applicant if Rosreestr has suspended the registration of property rights. There is no point in filing a complaint if the registrar's decision is fully consistent with the law. It is often easier and faster to eliminate the violation by submitting additional documentation and information. Resumption of registration of property rights after suspension is formalized by a separate decision.

Elimination of grounds

Having received a notification from Rosreestr and established the reason for the suspension, it is necessary to begin eliminating the violations. The following actions may be required:

• production of new boundary or technical plans if errors and inconsistencies are identified in the initially submitted documentation;
• elimination of registry errors, including regarding border coordinates;
• proper execution of powers of attorney for representatives of the parties;
• removal of bans, arrests and encumbrances through the court or the FSSP;
• changes to contracts if violations of the law are revealed;
• submission of missing documents.

To eliminate the reasons for the suspension of registration of property rights and continue the procedure, contact our company. Our specialists know what points registrars pay attention to and how to quickly remove claims from the registry office.

What violations do you need to correct to renew your registration?

Submit additional documents

75.86%

Rework technical or boundary plans

18.39%

Submit a power of attorney or documents confirming the authority of the representative

5.75%

Votes: 87

Appealing the decision

A complaint about the suspension can be filed with the court or with a higher official of Rosreestr. Possible reasons for appeal:

• if Rosreestr delays registration of property rights without issuing a notice or returning documentation;
• if the registrar does not indicate one of the grounds under Art. 26 of Law No. 218-FZ;
• if the official of the Registration Chamber did not justify the reasons for his decision;
• if the suspension was issued in violation of other provisions of law.

Often, only professional specialists in the field of real estate, cadastre and construction can check the illegality of the suspension.

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When preparing a complaint, you need to describe in detail the essence of the violations, provide references to legislation and judicial practice. Consideration of complaints is carried out openly, i.e. the applicant will be notified of the place and time of the hearing. If the complaint is found to be justified, the notice will be cancelled. After this, the registrar is obliged to resume the procedure and register the rights.

To eliminate the grounds for suspension, it may be necessary to prepare new technical or boundary plans.

What documents are needed to renew state registration after suspension?

If the delay in registration is due to incompleteness of the submitted documents, their list will be indicated by the registrar. In other cases, everything is not so obvious. The applicant may require the following documents:

• re-made boundary or technical plans;
• acts of approval of boundaries of plots;
• a judicial act if a dispute about law has arisen;
• notarized power of attorney with the powers of a representative;
• new edition of contracts;
• legal documents from the municipality and government agencies.

If the reason for the delay is non-payment of the state duty, it is not necessary to submit the payment slip to Rosreestr. All payments received by the budget are independently verified by officials.

Expert commentary. If your registration has been stopped, please contact our specialists immediately. By trying to resolve claims on your own, you may make new mistakes and delay the deadlines even more. Some violations cannot be eliminated at all without professional specialists. For example, only a cadastral engineer can redo a technical plan or boundary plan.

Suspension of registration

The corresponding decision is made by the state registrar after studying the submitted documents and the legal status of the land plot. If a specialist finds reasons preventing registration (we will discuss them later), he can suspend the process for a certain period - usually 1 month, but not exceeding 3 months. On the day of suspension, the state registrar issues written notice of the decision and sends or serves it on the applicant.

If the registration of land for your plot has been suspended, eliminate the reasons specified in the notification received from Rosreestr within the prescribed period and resubmit the application and documents.

List of useful documents

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Our services and prices

It is best to avoid grounds for suspension and refusal by Rosreestr. To do this, order services to support all procedures from the Smart Way company. Our lawyers and cadastral engineers will undertake:

• preparation of all documents necessary for applying to the registration authorities;
• representation of interests at all stages of registration, from submitting documents to receiving an extract from the Unified State Register of Real Estate;
• consulting support for clients, clarification of the specifics of legislation;
• elimination of the comments specified in the Rosreestr notification.

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