State registration of rights: terms of provision of services, necessary documents

State registration of rights: terms of provision of services, necessary documents

State registration of ownership of an apartment is carried out in accordance with Federal Law dated July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it.” Recognition and confirmation by the state of the emergence, termination, transfer or limitation (encumbrance) of such a right is entrusted to the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) with reflection in the Unified State Register of rights to real estate and transactions with it. The Unified State Register contains information about existing and terminated rights to real estate objects, characteristics of these objects and information about the right holders. List of documents for registering ownership of an apartment 1. Passports or other basic documents identifying the identities of all participants in the transaction. 2. Application from the seller for state registration of the contract and transfer of ownership. 3. Buyer’s application for state registration of the contract and ownership. 4. Apartment purchase and sale agreement in triplicate. 5. Transfer and acceptance certificate in triplicate. 6. Documents of title for the apartment (purchase and sale agreement with acceptance certificate, agreement of exchange, gift, rent or other documents on the basis of which ownership of the alienated object was obtained). 7. Legal documents (Certificate of state registration of rights or others). 8. Cadastral passport of residential premises. 9. Extract from the house register. 10. Notarized consent of the spouse for the sale (purchase) of the apartment, or a statement that the seller (buyer) is not in a registered marriage. 11. Receipts for payment of state duty. 12. Other documents for the sale/purchase of an apartment, depending on the circumstances of the transaction. Terms and cost of state registration of a purchase and sale agreement: State registration is carried out within 10 working days from the date of submission of applications and all necessary documents (clause 3 of article 13 122-FZ). After this period, the seller of the apartment receives a purchase and sale agreement with a registration mark indicating the number in the Unified State Register and the date, and the buyer receives his copy of the agreement and a Certificate of State Registration of Rights. The amount of the state duty is determined by the Tax Code of the Russian Federation and for individuals is 2,000 rubles for state registration of a purchase and sale agreement and 2,000 rubles for state registration of the buyer’s ownership rights (clause 1 of Article 333.33 of the Tax Code).

Conditions for receiving services on the site

Pre-registration at the center of public services of urban importance - Palace of Public Services for submitting documents for registration actions in relation to real estate objects located in any subject of the Russian Federation:

• Donation;
• Purchase and sale;
• Inheritance;
• Confirmation of a previously arisen right.
• Cadastral registration of real estate – Land plots;
• Cadastral registration of real estate - Capital construction projects.

The extraterritorial principle of providing public services by the Office of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) allows you to submit an application in relation to real estate located in any subject of the Russian Federation. At the public services center, the citizen will need to provide information corresponding to the submitted documents.

• FULL NAME.;
• contact number;
• E-mail address;
• address of the real estate property (indicated in the basis document for state cadastral registration and (or) state registration of rights;
• SNILS of the applicant.

Using one pre-registration coupon, you can submit an application for state cadastral registration and (or) state registration of rights in relation to only one piece of real estate specified in the title document.

If the title document provides for state cadastral registration and (or) state registration of rights in relation to more than one property, it is necessary to reserve the number of pre-registration coupons corresponding to the number of real estate items.

If you have any questions about the procedure for providing public services, you can contact us by phone: +7 (495) 777-77-77.

• Where can I get the service?

  The Palace of Public Services is located at the address: Moscow, Mira Avenue, 119, building 71 (pavilion No. 71 at VDNKh). Metro: VDNH (first car from the center). Opening hours: Monday – Friday, from 10 to 22 hours. Reservations are available from 10:15 to 20:10, Monday to Friday.

• Who can apply for the service

  citizens of the Russian Federation registered on the Portal (including minors aged 14 to 18 years);

• foreign citizens and stateless persons;
• representatives of individuals acting on the basis of a notarized power of attorney, unless otherwise provided by federal law;
• legal representatives (parents, adoptive parents, guardians) of minors under the age of 14, in accordance with paragraph 1 of Art. 28 Civil Code of the Russian Federation;
• guardians of incapacitated citizens, in accordance with paragraph 2 of Art. 29 Civil Code of the Russian Federation;
• representatives of rights holders acting on the basis of a notarized power of attorney, unless otherwise provided by federal law, including representatives of participants in common shared ownership of a land plot of agricultural land (if the number of these participants exceeds five), authorized to submit an application by decision of the general meeting of these owners ;
• cadastral engineer;
• notary.

In accordance with Part 2 of Art. 14 of Law No. 218-FZ, the grounds for carrying out state cadastral registration and (or) state registration of rights are:

According to parts 4 and 7 of Art. 15 of Law No. 218-FZ, state cadastral registration and (or) state registration of rights are carried out upon the application of a representative of persons, upon whose application state cadastral registration and state registration of rights are carried out in accordance with parts 1 - 3 of Article 15 of Law No. 218-FZ, if any he has a notarized power of attorney, unless otherwise provided by federal law. If one of the parties to the agreement evades state registration of rights, the transfer of ownership is registered on the basis of a court decision made at the request of the other party, and in cases provided for by the legislation of the Russian Federation on enforcement proceedings, also at the request of the bailiff.

In accordance with Parts 5 – 10 of Art. 18 of Law No. 218-FZ:
• It is not allowed to request additional documents from the applicant if the documents submitted by him meet the requirements of Article 21 of Law No. 218-FZ and the requirements of regulatory legal acts of federal executive authorities adopted in accordance with Law No. 218-FZ, unless otherwise established by Law No. 218-FZ or other federal laws;
• the applicant has the right to submit, on his own initiative, for the implementation of state cadastral registration and (or) state registration of rights, documents that, in accordance with Federal Law dated July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services,” are submitted in the manner of interdepartmental information interaction;
• submission of a document confirming payment of the state fee for state registration of rights, together with an application for state cadastral registration and (or) state registration of rights is not required. The applicant has the right to submit such a document on his own initiative;
• when submitting an application for state cadastral registration and (or) state registration of rights through a personal application, an individual presents a document proving his identity, and a representative of an individual also presents a notarized power of attorney confirming his powers, unless otherwise provided by federal law.
• a person who has the right to act without a power of attorney on behalf of a legal entity presents an identification document, as well as a document confirming his authority to act on behalf of the legal entity, unless otherwise provided by federal law;
• the rights registration body independently requests from the federal executive body carrying out state registration of legal entities the constituent documents of such a legal entity;
• the applicant has the right to submit the constituent documents of a legal entity, or notarized copies of the constituent documents of a legal entity, or copies of these constituent documents certified by a person who has the right to act without a power of attorney on behalf of the legal entity, and with the seal of the legal entity (if there is a seal) on his own initiative;
• in the event that the powers of a representative of a state authority or local government body are confirmed by a power of attorney drawn up on the letterhead of this body and certified by the seal and signature of the head of this body, notarization of such a power of attorney for its presentation together with the corresponding application for state registration of rights is not required.

Experts from Rosreestr told how to complete a transaction for the purchase and sale of an apartment

10.09.2021

This material will be useful to those who plan to sell or buy an apartment. What documents to collect, what information to check, what legal nuances to take into account - all this will help in successfully completing the transaction.

What to do if you are a seller

Selling an apartment begins with preparing a package of documents. It is better to do this in advance, as the procedure will take some time.

First of all, we recommend using the “Life Situations” service on the Rosreestr website, which provides a large number of different options for registering real estate.
Using an interactive survey, the service will tell you what list of documents is needed specifically in your situation and indicate the procedure for action. We recommend paying attention to the following points:

• If you cannot be present at the transaction, you will need to issue a notarized power of attorney
  for the sale of the apartment, as well as for submitting documents to Rosreestr for state registration.
• If among the owners of the apartment being sold there are persons under guardianship and trusteeship (for example, minor citizens, incapacitated adults, citizens recognized as having limited legal capacity), you must request permission from the guardianship and trusteeship authorities
  to conclude a purchase and sale agreement.
• If someone is registered in the apartment being sold, it is worth settling in advance with the buyer the issue of the timing of deregistration
  . This can be done on the State Services portal, or by contacting the MFC. After this, you need to order an extract from the house register there - it will allow the potential buyer to make sure that no one is registered on the living space. The statute of limitations for the statement must be no more than 30 calendar days.
• If the apartment was purchased during marriage, it is jointly acquired property. In this case, a notarized consent of the spouse
  for the sale of the apartment is required.

What to do if you are a buyer

Initially, you need to make sure that the seller of the apartment is its legal owner. To do this, you should ask the seller to provide or obtain an extract from the Unified State Register of Real Estate about the main characteristics and registered rights to the property.

Important!

Ask the seller to provide a title document confirming the basis for acquiring (receiving) the apartment as a property (purchase and sale agreement under which the apartment was previously purchased, gift agreement, certificate of inheritance, etc.). This will help you further verify that the seller legally owns the apartment.

In addition, you can independently order or ask the seller to provide an extract from the Unified State Register of Rights on the transfer of rights, which will allow you to trace the history of all transactions with the property - how often the owners of the apartment changed and what transactions were made with it previously. You can order and receive an extract using electronic services on the Rosreestr website, on the State Services portal, as well as on the website of the subordinate Federal State Budgetary Institution FKP Rosreestr.

It is worth checking whether the seller has arrears on utility bills

, as well as his marital status.
If the seller was married at the time of purchasing the property, require the consent of the spouse (see above). It is necessary to take into account that failure to provide the consent of
the seller’s spouse to sell the apartment will not
be grounds for refusal
of state registration of rights to this apartment; the question of the presence or absence of such consent is not clarified by the state registrar of rights.
However, if such consent is not submitted for state registration of rights along with the purchase and sale agreement, a note
will be that the transaction was completed without the consent of the spouse required by law.
The law does not provide for exclusion of such a mark from the Unified State Register.
Check information about who is registered in the apartment

. A certificate of absence of debt on payments for housing and communal services in the form EIRTs-22 can be ordered at the MFC, HOA, at the Management Company or on the State Services portal. If this is important to you, insist that the tenants be checked out before the transaction is completed. This will save you from unforeseen situations and possible conflicts, including going to court.

It is also important to check whether the apartment has been remodeled

. To do this, ask the seller for a technical passport. It is important that all changes in the apartment are legalized. Otherwise, after buying an apartment, you will have to do it yourself. If an apartment is purchased using credit funds, you will need a credit agreement to draw up a purchase and sale agreement.

To draw up a purchase and sale agreement (as well as to submit for state registration), the following documents will be required:

• identification documents of the parties to the sale and purchase agreement (their representatives);
• child’s birth certificate, if the owner is a minor

Important!
In cases established by law, the contract for the purchase and sale of an apartment requires mandatory notarization (for example, if its seller (one of the sellers) is a minor (under 14 years old) citizen, an incapacitated citizen, a citizen under guardianship; if spouses, purchasing in shared ownership of an apartment, enter into a purchase and sale agreement containing elements of a marriage contract).

Where to go for registration actions

Registration of the transfer of rights and ownership is carried out in accordance with Federal Law No. 218-FZ “On State Registration of Real Estate”. Documents for registration of property rights can be submitted:

• in paper form during a personal visit to the MFC or the offices of the Federal Cadastral Chamber of Rosreestr;
• in electronic form (if you have an enhanced qualified electronic signature) through your personal account on the official website of Rosreestr;
• remotely by ordering on-site service through the website of the Federal Cadastral Chamber of Rosreestr (“On-site service”);
• through a notary on the personal initiative of the participants in the purchase and sale transaction or as required by law. For state registration of ownership of an apartment, the buyer pays a state fee (for individuals - 2 thousand rubles). In this case, submission of a document confirming its payment along with an application for state registration of rights (and other documents necessary for registration) is not required. You can submit a document confirming payment of the state fee on your own initiative.

If an apartment is purchased on credit or in installments, then the mortgage is registered by force of law with the simultaneous registration of ownership of the apartment.

To do this, the buyer (mortgagor) or the person in whose favor the mortgage will be registered (mortgagor, for example, seller, bank representative, etc.) submits an application for registration of the mortgage by force of law. There is no state fee for registering a mortgage.

Important!

Currently, in 75 regions of Russia, Rosreestr, together with credit institutions, is implementing the “Electronic Mortgage in 1 Day” project.

As part of the project, citizens can apply for a mortgage within a day, while the bank submits documents for registration to Rosreestr independently within the framework of electronic interaction. After completing the registration steps, the buyer receives, among other things, an extract from the Unified State Register of Real Estate, which contains information about his registered ownership of the apartment.

Source: Federal Cadastral Chamber of Rosreestr