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From July 15 this year, certificates of state registration of rights to real estate will no longer be issued in Russia. The document familiar to everyone will be replaced by extracts from the Unified State Register of Rights to Real Estate and Transactions with It (USRP). Representatives of Rosreestr and lawyers claim that practically nothing changes for citizens. Except that you will have to receive a statement every time it is required: for example, when receiving a bank loan secured by an apartment. But it will be possible to issue the necessary document for housing, say, in Moscow, Sochi or Vladivostok anywhere in the country.
Photo: Evgeny Pavlenko, Kommersant
On July 15, 2021, amendments to the federal law “On state registration of rights to real estate and transactions with it” come into force. These changes cancel the issuance of certificates of state registration of rights to real estate. Now this document will be replaced by an extract from the Unified State Register. As Rosreestr explained to Kommersant, the validity of this extract, as well as the certificate, is unlimited. When receiving an extract, it is indicated that at the time of its issuance, a specific citizen owns a specific property.
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— Location of the apartment, cadastral number of the plot on which the residential building is located, total area of the property broken down into residential and non-residential area, number of rooms.
Each time, if necessary, the extract from the Unified State Register will have to be updated. For example, you received this document in July 2021, and a year later you decided to mortgage your apartment to the bank to get a loan. The bank will require an extract from the Unified State Register, but for the current date. Rosreestr told Kommersant the mechanism for obtaining an extract.
8.1. General rules for issuing a certificate of inheritance
A certificate of inheritance is a public document confirming the right to the inherited property specified in it. In accordance with paragraph 1 of Art. 1162 of the Civil Code of the Russian Federation, a certificate of the right to inheritance is issued upon the application of the heir at the place of opening of the inheritance by a notary or an official authorized in accordance with the law to perform such a notarial act.
If the heir's request for the issuance of a certificate of the right to inheritance was stated in the application for acceptance of the inheritance , then an additional application for the issuance of a certificate of the right to inheritance is not required.
An application for the issuance of a certificate of inheritance rights must be made in writing. When submitting an application for the issuance of a certificate of the right to inheritance by an heir directly to a notary, the notary establishes the identity of the heir and verifies the authenticity of his signature on the application. A note is made on the application about the name of the document proving his identity presented by the heir, and the details of this document.
An application for the issuance of a certificate of the right to inheritance by an heir can be submitted both during the established period for accepting the inheritance, and at any time after the expiration of the specified period.
An application for the issuance of a certificate of the right to inheritance can be sent by mail or transferred to a notary by another person, as well as by a representative of the heir, acting by proxy or by force of law in the manner provided for in paragraph 1 of Art. 1153 of the Civil Code of the Russian Federation.
A certificate of the right to inheritance can be issued only to heirs who have accepted the inheritance in accordance with the procedure established by law.
Obtaining a certificate of the right to inheritance is a right and not an obligation of the heir, therefore the heir who has accepted the inheritance can apply for such a certificate at any time after the expiration of the period established by law for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation and Article 6 of the Federal Law “On the entry into force of part three of the Civil Code of the Russian Federation”). A certificate of the right to inheritance cannot be issued to other heirs without taking into account the share of the heir who has not yet received a certificate of the right to inheritance. In this case, each of the heirs who accepted the inheritance and presented all the documents necessary for issuing a certificate of the right to inheritance has the right to demand the issuance of a certificate of the right to inheritance for the share due to him, without waiting for other heirs to wish to receive a certificate. In cases where there is reliable data that, apart from the persons who applied for the issuance of a certificate of the right to inheritance, there are no other heirs entitled to the inheritance or to its corresponding part, the certificate of the right to inheritance may be issued before the expiration of the period established by law for accepting an inheritance (clause 2 of Article 1163 of the Civil Code of the Russian Federation).
The issuance of a certificate of the right to inheritance is suspended by a court decision, as well as in the presence of a conceived but not yet born heir.
A certificate of the right to inheritance is issued if all the necessary documents and information are available in the inheritance file. To issue a certificate of inheritance, it is necessary to submit to the notary documents and information that indisputably confirm the fact of the death of the testator; time and place of opening of the inheritance; grounds for calling for inheritance (when inheriting by law, it is necessary to submit documents and information confirming kinship, marriage, and other relationships with the testator, for example, being a dependent of the testator; when inheriting under a will or inheritance agreement, a copy of the will or inheritance agreement is presented); the fact that the heir accepted the inheritance within the prescribed period and in the manner prescribed by law; composition of inherited property.
If one or more heirs by law are not able to provide evidence of relations with the testator, which is the basis for calling them to inherit by law, they can be included in the certificate of right to inheritance with the consent of all other heirs who accepted the inheritance and presented such evidence (Art. 72 Fundamentals of the legislation of the Russian Federation on notaries, hereinafter referred to as the Fundamentals).
For inherited property, including property rights, documents must be submitted confirming that the testator owns the property, as well as property rights on the day the inheritance is opened; value of inherited property; the presence or absence of an encumbrance on the inherited property, the rights to which are subject to special registration or state registration; location of the inherited property indicating a specific address; other documents necessary for issuing a certificate of inheritance.
If the heir is unable to submit the documents necessary to issue a certificate of inheritance, he can resolve this issue in court.
At the request of the heirs, a certificate of the right to inheritance can be issued to all heirs together or to each heir separately for all inherited property as a whole or for its individual parts (Article 1162 of the Civil Code of the Russian Federation), including at different times. At the same time, certificates of the right to inheritance by law and by will can only be issued separately.
If, after the issuance of a certificate of the right to inheritance, inherited property is identified for which such a certificate was not issued, an additional certificate of the right to inheritance is issued. Such a certificate is issued in the same manner as established for issuing the primary certificate of inheritance; the period for receiving it by the heir is not limited.
The heir’s personal appearance to receive a certificate of right to inheritance is not required.
A certificate of the right to inheritance can be issued by a notary to the legal representative of the heir upon presentation of the relevant documents on the powers of the legal representative or to the representative of the heir by power of attorney, which must reflect the authority to receive such a certificate.
According to Art. 71 Fundamentals, if the heir is declared incompetent by the court, the notary notifies the issuance of a certificate of the right to inheritance in his name to the guardianship and trusteeship authorities at the place of residence of the heir, in order to protect his property interests.
If the heir who accepted the inheritance has submitted all the necessary documents for issuing a certificate of the right to inheritance and has paid the notary fee in the prescribed amount, then, at his request, stated in writing, the certificate of the right to inheritance can be sent to him by a notary by mail. If the heir sends an application to the notary with the specified request by mail, the heir's signature on the application must be certified in accordance with clause 1 of Art. 1153 of the Civil Code of the Russian Federation.
When property is transferred by right of inheritance to the state, a certificate of the right to inheritance is issued to the relevant state body (Article 71 of the Fundamentals).
property owned by the testator on the day of opening of the inheritance, including property rights and obligations. Intangible benefits, non-property rights and obligations, as well as property rights and obligations inextricably linked with the personality of the testator (the right to alimony, the right to compensation for harm caused to the life or health of a citizen, etc.) are not included in the inheritance. The person who has the right to inherit the property of a deceased person by will or law. An heir is considered to be a person who is alive on the day of opening of the inheritance, as well as children conceived during the life of the testator and born alive after the opening of the inheritance. last place of residence of the testator. If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, then the place of opening of the inheritance is recognized as the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property included in it, and in the absence of immovable property, the location of the movable property or its most valuable part. an official authorized by the state who has the right to perform notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities).
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— In Moscow, in any of the 100 multifunctional centers (MFCs), in similar structures in other cities of the country. If there is no MFC - in the territorial department of Rosreestr or the Federal Cadastral Chamber. Minimum cost - 150 rubles;
— Through the Rosreestr website via the link. This is the simplest method, which, for example, Kommersant journalists constantly use to check information related to the real estate of certain companies. A request is sent through the website, indicating the first and last name of the apartment owner, and the address of the property. The extract is sent by email. The minimum cost of the service is 150 rubles. You can pay either through a bank card or from a mobile phone account. Unlike other electronic services for obtaining information from the Unified State Register. There is no requirement to obtain an electronic signature. An extract from the Unified State Register - both online and offline - is issued within five working days.
A judicial act that does not contain in the operative part conclusions about the need for state registration of termination of ownership of real estate objects (cancellation of a registration entry on a registered right) is not the basis for registering the termination of the relevant right.
Thus, the basis for state registration of termination of property rights, according to paragraph 1 of Article 17 of the Registration Law, are documents that, in accordance with the legislation of the Russian Federation, confirm the existence, emergence, termination, transfer, limitation (encumbrance) of rights. In accordance with Article 17 of the Law on Registration, one of the grounds for state registration of the existence, origin, termination, transfer, limitation (encumbrance) of rights to real estate and transactions with it is judicial acts that have entered into legal force. Within the meaning of Article 13 and paragraph 2 of Article 16 of the Registration Law, the body carrying out state registration of property rights conducts a legal examination of documents, and the documents necessary for its implementation must be attached to the application for state registration. In accordance with paragraph 1 of Article 18 of the said Law, documents establishing the existence, origin, termination, transfer, limitation (encumbrance) of rights to real estate and submitted for state registration of rights must comply with the requirements established by the legislation of the Russian Federation and reflect the information necessary for state registration of rights to real estate in the Unified State Register of Rights. Thus, according to the above rules of law, state registration of termination of a right is declarative in nature and is possible only if there is an application and title documents that meet the requirements of federal legislation. Thus, state registration of termination of rights occurs through the cancellation of registration records on the basis of an application that can be submitted by one of the parties and is possible only if there are title documents that meet the requirements of federal legislation. The registration authority does not have the right to take the initiative to enter information about the emergence, transfer or termination of rights to real estate objects in the Unified State Register of Rights to Real Estate and Transactions with It. According to Article 2 of the Registration Law, state registration of rights to real estate and transactions with it is a legal act of recognition and confirmation by the state of the emergence, transfer or termination of rights to real estate. State registration is the only evidence of the existence of a registered right. The registered right to real estate can only be challenged in court. Challenging the registered right to real estate can only occur using the methods of defense established by civil law, applied taking into account the nature and consequences of the relevant offense. Challenging a registered right can only occur within the framework of proprietary methods provided for by civil law (vindication claim, negatory claim, claim for recognition of right). A similar position is set out in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 28, 2009 in case No. 15148/08 and in paragraph 52 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29, 2010 “On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other property rights.” Thus, in paragraph 52 of the joint resolution of the Plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 N 10/22, it is explained that challenging the registered right to real estate is carried out by filing claims, decisions on which are the basis for making an entry in Unified State Register. In particular, if the operative part of a judicial act decides on the existence or absence of a right or encumbrance on real estate, on the return of property to the possession of its owner, on the application of the consequences of the invalidity of a transaction in the form of the return of real estate to one of the parties to the transaction, then such decisions are the basis for making an entry in the Unified State Register. At the same time, a court decision to declare a transaction invalid, which does not apply the consequences of its invalidity, is not the basis for making an entry in the Unified State Register. Thus, if a judicial act cancels (invalidates) the document that served as the basis for registering the right of ownership in the Unified State Register, but does not contain in the operative part conclusions about the need for state registration of termination of ownership of real estate objects (cancellation of the registration record on the registered right), then such a judicial act the act cannot serve as a basis for registering the termination of the relevant property right. This position of the Office is confirmed by judicial practice: the decision of the Arbitration Court of the Krasnodar Territory in the case dated 07/05/2011 in case No. A32-8705/2011, the decision of the fifteenth Arbitration Court of Appeal dated 09/02/2011 in case No. A32-8705/2011; decision of the Arbitration Court of the Krasnodar Territory in the case dated 06/01/2011 in case No. A32-3870/2011
Chief specialist-expert of the legal support department N.A. Petrosyan
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The advantage of the innovation is the ability to obtain an extract from the Unified State Register anywhere in the country, regardless of the location of the property, Rosreestr explained. “The certificates that are familiar to us are more of a psychological thing,” comments Yukov and Partners partner Marina Krasnobaeva. “We are used to having a paper confirming property rights, but today this document does not have much meaning.” When purchasing an apartment on the secondary market, the seller’s certificate of ownership is not canceled and sometimes there may be two such documents for the same apartment, the lawyer explains. At best, this causes confusion, at worst, it gives unscrupulous sellers the opportunity to manipulate buyers, adds Ms. Krasnobaeva. “That is why, when completing purchase and sale transactions, we request extracts from the Unified State Register and do not require a certificate,” says one of the Inkom-Real Estate realtors.
Khalil Aminov
Registration of termination of ownership rights in Rosreestr
In everyday life, situations often arise when the copyright holder decides to dismantle a property on his land plot. After carrying out the specified work, he applies to Rosreestr with an application for state registration of termination of ownership. But, as a rule, they are faced with suspension or refusal of state registration of termination of property rights and appropriate recommendations are given to eliminate them.
It should be noted that Rosreestr, referring to clause 3, part 1, article 29 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Law), conducts a legal examination of the documents submitted for registration.
Based on the results of the examination, Rosreestr most often suspends state registration on the following grounds: - filing an application by an inappropriate person; — failure to submit documents necessary for registration actions; — doubts about the authenticity of documents or information contained in them, or their unreliability; - lack of authority of the person specified in the application to dispose of the real estate property; — existence of facts of signing (certification) of documents submitted for registration by an unauthorized person. — the presence of contradictions between the declared rights and those already registered in the Unified State Register of Real Estate (hereinafter referred to as EGRN); — non-compliance with the requirements of the legislation of the Russian Federation of documents in form and content; — there is a dispute regarding the property; — foreclosure of real estate.
It should also be noted that these grounds are general (basic), each of which is disclosed by the state registrar taking into account the main characteristics of the PUD case (title documents).
Without dwelling on a superficial analysis of the above grounds for suspension of state registration, we will consider in more detail the following reason: “failure to submit documents necessary to carry out registration actions” to terminate the ownership of a real estate property.
First, let’s look at what the basic package of documents required to register the termination of ownership consists of. In accordance with the Law, the documents required for cadastral registration and (or) registration of rights are: - application for state registration of termination of ownership; — paid state duty; — a document confirming the authority of the applicant’s representative (if his representative submits the application); — documents that are the basis for state cadastral registration and (or) state registration of rights; — other documents provided for by the Law and other regulatory legal acts adopted in accordance with it.
However, many do not know that, simultaneously with the application for state registration of termination of ownership, it is necessary to submit an application for deregistration of a real estate property that has ceased to exist.
Thus, by virtue of paragraph 3 of part 3 of Article 14 of the Law, state cadastral registration and state registration of rights are carried out simultaneously.
According to paragraph 2 of part 2 of Article 15 of the Law, part 1 of Article 23 of the Law and part 5 of Article 14 of the Law, deregistration of real estate is possible only: - on the basis of an application for deregistration and an inspection report; - on the basis of a court decision that has entered into legal force; - in the manner prescribed by Part 3 of Article 41 of the Real Estate Law.
Based on the foregoing, termination of ownership of the Property is not possible if the Property is registered in the state cadastral register.
Next, we will analyze what is the basis for termination of property rights. In accordance with current legislation, this norm is regulated by Art. 235 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). In particular, the right of ownership terminates when the owner alienates his property to other persons, the owner renounces the right of ownership, the destruction or destruction of property and when the right of ownership to property is lost in other cases provided for by law.
At the same time, in accordance with paragraph 3 of Art. 1 of the Law on Real Estate, 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 restriction of such a right and encumbrance of real estate (hereinafter referred to as state registration of rights).
In addition, when conducting a legal examination of the submitted documents, the state registrar uses the Unified State Register of Real Estate (hereinafter referred to as the Unified State Register of Real Estate), which contains information about existing and terminated rights to real estate objects, data about these objects and information about copyright holders.
It should be noted that the procedure for maintaining the USRN, including the volume of information entered into the USRN registers, is established by the regulatory body (clause 7, article 7 of the Law).
Meanwhile, in accordance with clause 16 of the Procedure for maintaining the Unified State Register of Real Estate, approved by Order of the Ministry of Economic Development of Russia dated December 16, 2015 N 943 “On establishing the procedure for maintaining the Unified State Register of Real Estate, the form of a special registration inscription on the document expressing the content of the transaction, the composition of information included in the special registration inscription on the document expressing the contents of the transaction and the requirements for its completion, as well as requirements for the format of the special registration inscription on the document expressing the contents of the transaction in electronic form, the procedure for changing in the Unified State Register of Real Estate information about the location of the boundaries of the land plot when correcting the registry errors" (hereinafter referred to as the Procedure), when removing a property from the state cadastral register, state registration of termination of a right, restriction of a right, encumbrance of a real estate property, transaction, the data on termination (deregistration) shall indicate, including information on the basis documents to remove from the state cadastral registration and (or) state registration the termination of a right, restriction of a right, encumbrance of a real estate object, transaction in the amount of information provided for in paragraph 51 of the Procedure.
In addition, in accordance with Part 1 of Art. 14 of the Law, the document required for deregistration of a capital construction project is an inspection report confirming the cessation of existence of the property (when deregistering such a property).
By virtue of the provisions of Part 1 of Art. 23, the survey report is a document in which the cadastral engineer, as a result of inspecting the location of a building, structure, premises, parking space or unfinished construction site, taking into account the available information from the Unified State Register of Real Estate about such real estate, as well as other documents provided for in the requirements for the preparation of the survey report, confirms the termination the existence of a building, structure or an object of unfinished construction in connection with the death or destruction of such a real estate object, or the termination of the existence of a premises, parking space in connection with the death or destruction of the building or structure in which they were located, the death or destruction of a part of the building or structure within which such a room or such a parking space was located.
Thus, it is possible to remove a capital construction object from cadastral registration due to the cessation of its existence as a result of death or destruction only on the basis of an inspection report.
At the same time, in accordance with clause 3 of section I of the Order of the Ministry of Economic Development of the Russian Federation dated November 20, 2015 No. 861 “On approval of the form and composition of the survey report, as well as the requirements for its preparation,” the report is prepared on the basis of information obtained as a result of an inspection of the location of a real estate object, taking into account the information of the Unified State Register of Real Estate, as well as other documents confirming the termination of the existence of the real estate object or being the basis for the demolition of the real estate object. The specified documents, with the exception of documents containing information from the Unified State Register, are included in the annex to the Act.
Thus, documents confirming the termination of the existence of the property must be included by the cadastral engineer as part of the annex to the survey report.
Managing partner of the law firm EL Group
Elansky Igor Yurievich
