How to register ownership of an apartment and what documents are needed for this

Basic provisions and legislative regulation

Until 2021, the main document confirming the fact of ownership of real estate was considered a certificate of ownership. This document contained the following information:

Date of issue.
Data from the document that was the basis for registering property rights (deed of gift, purchase and sale agreement).
Information about the owner (full name, passport data, citizenship, SNILS).
Apartment address, cadastral number and its technical characteristics.
Encumbrances and restrictions on property rights.
Number in the Unified State Register and date of entry.

Until the beginning of 2015, the certificate of ownership was prepared on a valuable form (strict reporting form). Federal Law No. 360-FZ of July 3, 2016 made adjustments to the algorithm for issuing title documents.

Now, when making real estate transactions, you do not need to present a certificate of registration of ownership. Today, the main document is the USRN extract. It certifies the registration of property rights and confirms the fact of the registration procedure.

The USRN extract states:

Information about the owner.
Encumbrances and seizures of the object.
Technical characteristics of the apartment.

The main difference between an extract and a certificate is the relevance of the data. The certificate of registration of ownership was issued once and was considered a lifelong document (that is, if it was damaged or lost, an official duplicate had to be taken). The USRN extract can be received an unlimited number of times, and all changes made will be immediately displayed in the text of the document.

Important: the certificate for the apartment and the USRN extract are not conclusive evidence of confirmation of ownership. When buying a property, it is always worth checking the title document - the purchase and sale agreement, deed of gift, certificate of inheritance.

Today, registration of property rights is carried out in accordance with the norms of Federal Law No. 218-FZ of July 13, 2015.

The acquisition, transfer and termination of ownership is subject to mandatory registration. Thus, state registration remains the only evidence of the existence of this right.

Basis of right to an apartment

Ownership of an apartment is a legal procedure that can arise for various reasons. In each case, it is possible to identify the basis or source of such a right for a particular person. And a document is used to confirm this reason. In relation to the right itself, one of the following documents can be used:

Certificate of ownership;
Extract from the Unified State Register of Real Estate.

Both documents are only confirmation that a person has the right to dispose of a specific object. But those who purchased an apartment later than July 2021 may not have a certificate of ownership. This is due to the fact that from that time on its issuance was cancelled. Instead of a certificate, an extract from the Unified State Register is presented. These documents represent an extract of information contained in the register of rights.

It is important that the owner has the document on the basis of which the property was purchased or received. A citizen without this document cannot be considered the owner of the apartment. And in case of loss or damage, it is important to restore it.

Do I need to obtain a certificate of ownership?

An extract from the Unified State Register is considered a more complete document. However, the need to obtain a certificate of registration of property rights has not lost its relevance today. This may be required in the following cases:

During transactions that relate to the alienation of property.
In case of establishment of ownership rights in court.
At the time of inheritance.
When drawing up a share participation agreement.
When obtaining permits that relate to the redevelopment and reconstruction of a property.
When connecting a landline telephone, as well as when connecting to public communications.

The algorithm for issuing a certificate is not particularly strict or complex. However, if the owner of a residential property has any questions, it is better to seek advice from a lawyer.

There are three ways to register ownership:

Appear in person before the authorized bodies

Through MFC

Through Rosreestr

Let's take a closer look at the registration methods.

Documents for an unfinished construction project

The title documents for an unfinished construction project are largely related to the status of the land on which the object is being built. This especially applies to lands intended for personal farming, if they are located outside the populated area. Construction on such land is prohibited, so you will not be able to register the structure, regardless of its degree of completion.

If the category of land is suitable (for example, for individual housing construction), but the house was built by the owner of the land independently, without obtaining permits, you can contact the registration service with an application and a cadastral passport and register ownership of the unfinished house.

If the rights to the land plot have not been formalized, then it is imperative to obtain all permits confirming the reliability of the structure being built, and then go to court to legalize the construction.

Personal presence

If a citizen decides to submit documents for registration during personal presence, he needs to follow the following procedure:

decide on the type of statement (paper or electronic);
pay the state fee (its size directly depends on the type of extract);
fill out an application in the prescribed form and submit it to the registration authority.

The processing time is 5-12 working days, depending on the specific situation. In this case, you can submit an application through an authorized person (acts under a notarized power of attorney), by mail and using the online platform of the State Service.

How to apply through the MFC branch

Multifunctional centers are essentially intermediaries between property owners and Rosreestr. The interaction of these structures occurs through interdepartmental connections. Due to the fact that the duties of MFC employees do not include registration of property rights, the period for providing the service may increase by several days.

The registration process through the MFC consists of the following stages:

The applicant submits a package of documents to the center’s single window.
An employee of the multifunctional center transfers documents to the Rosreestr branch. At this stage, the applicant's participation is not required. If the documents successfully pass the verification, the information is entered into the USRN database.
Receiving a package of documents at the MFC branch. After the ownership is registered, the owner is issued an extract from the Unified State Register of Real Estate.

Important: Multifunctional centers offer clients a convenient service - a receipt with an individual number. Using this document, you can monitor the status of your application at any time.

What to include in the contract

The contract for the sale of an apartment specifies everything, even the most seemingly insignificant conditions. Here are the main points that must be included in it:

Parties to the transaction: all owners and buyers of square meters.
Object of purchase: address, type (apartment, house, land), area, cadastral number .
Price in rubles.
Payment procedure: what method (cash or bank transfer) and when the money will be transferred to the seller.

It is worth carefully checking whether the terms that the parties discussed orally are indicated. If not, then register them too.

What else to consider:

If the buyer has transferred a deposit to the seller, this must be recorded in the document. Otherwise, the deposit will be considered an advance;
Include a line in the document stating that the apartment will remain as collateral with the seller until the buyer pays back all the money.
Attach the acceptance certificate of the apartment to the purchase and sale agreement. It states in what condition the apartment is transferred, so that later the buyer cannot complain about things that are not satisfactory and ask for a discount.

Transfer of money when buying an apartment. How does money transfer happen when buying an apartment?

How to apply through Rosreestr

Filling out an application through Rosreestr is quite simple:

Go to the Federal Service website.
Go to the “Electronic services and services” tab (bottom right corner).
Click on “Receive USRN information and fill out the request form.
In the “Method of providing information” sub-item, you must select the type of document - electronic or paper version.

The certificate will be provided to the applicant during a personal visit (if a paper version of the document is issued) or as a link to an electronic document.

What documents are needed to register property rights?

The applicant must prepare the following documents:

Passport of the person in whose name the property is registered.
Legal documents.
Technical and cadastral passport of the apartment.
Receipt for payment of state duty.
Certificate on the list of persons to whom ownership rights are registered.
A notarized letter of refusal to register ownership rights from persons who do not claim the apartment.
Transfer deed (if an apartment is being registered in a new building).

If the apartment is registered in the name of a minor, it is also necessary to provide his birth certificate (for persons over 14 years old - a personal passport) and an application on behalf of the parents.

Foundation documents

This name is given to those documents on the basis of which property rights are registered. Only if they are available can any real estate transaction be carried out.

The following types of title documents for an apartment are distinguished:

Contract of sale;
Agreement on the transfer of housing, if as a result of privatization it is transferred into ownership;
Donation agreement;
Barter agreement;
Rent agreement, if real estate is transferred in exchange for care and provision;
Agreement on the exchange of property for rent;
Certificate of inheritance;
Certificate of ownership of the share;
Certificate from the housing construction cooperative confirming full payment of the share;
An equity participation agreement, which is drawn up in the event of purchasing a home in a house under construction;
The court decision with a stamp on entry into force.

If we are talking about an exchange or sale agreement, an acceptance certificate is attached to it. It is also called a deed of transfer. It states that the parties have fulfilled all the requirements of the agreement and have no claims against each other.

Such agreements are not required if we are talking about inheritance or transfer of real estate through privatization from the state. In this case, notarization is not required. The signatures of the parties to the agreement are sufficient.

Documents for an apartment obtained by court decision

We are talking only about the court decision that has entered into legal force. The documents obtained on its basis include the following:

Agreement on satisfaction of the credit institution's claims regarding real estate;
Agreement on dividing the total area of housing into separate shares;
Agreement on the allocation of a natural part in common ownership;
Certificate of inheritance;
Certificate of ownership of a share in the spouse’s common property, if it was obtained by court decision;
Act on the return of real estate that was previously nationalized;
Resolution on a settlement agreement, if citizens reached it before the end of the trial;
The decision to transfer into common communal ownership property recognized as ownerless;
Alienation agreement, if the apartment is pledged under a loan agreement.

Cost of services and period for issuing a certificate

Previously, the certificate was issued for each owner. The cost of one copy was 1000 rubles. Shared ownership also meant payment for each family member. In some cases, the final payment amount was unaffordable for the average family.

The USRN extract has its privileges:

It contains information about all owners.
There is no need to prepare a separate copy of the document for each owner.
The cost of the extract depends on the legal status of the person and the type of document: