How to impose and lift a ban on registration actions with real estate

Prohibition of real estate transactions (importance for the Federal Registration Service of the owner and legal reasons)

The indicated prohibition for the Federal Registration Service (if it is initiated by the owner) is the impossibility of considering an application (plus a set of attachments to it) to perform certain registration actions when submitted by a non-owner.
Even a notarized power of attorney (with appropriate powers) from a non-owner of the property will not help. Registration of a ban on registration actions against the owner means that the latter will not be able to dispose of the property (sale, donation, etc.). Possession and use of it are preserved. The prohibition will not work if the basis for registration actions is a court decision. Now about the legal reasons for prohibiting registration actions with real estate. This happens with easements, mortgages, etc., when the law directly indicates this. A ban on the sale of real estate may result from a corresponding court decision. A decree prohibiting registration actions with real estate can also be issued by a bailiff as part of any enforcement proceedings. The owner can declare a ban on the sale of an apartment without personal participation (to protect against fraudsters).

Below we will describe each reason in more detail, but for now we remind you that real estate transactions are mainly regulated by the Civil Code of the Russian Federation and Federal Law No. 218 dated July 13, 2015. According to clauses 3-5 of Art. 1 of the said Federal Law, state registration of rights to real estate is a legal act that recognizes and confirms the emergence, change, transition, termination of a certain person’s right to real estate or restriction of this right and encumbrance of real estate (state registration of rights). This procedure is implemented through the entry into the Unified State Register of Real Estate of a record of the right to real estate, information about which is in the Unified State Register of Real Estate. State registration of rights in the specified register is the only evidence of the existence of a registered right.

Recently, the media has been replete with materials about specific facts of real estate fraud. According to comments from specialists from various authorities, today you can easily be left without housing or your share without even knowing about it in a timely manner.

The owners are concerned about the current state of affairs and are trying to protect themselves from such a disaster. The surest way is to document a ban on real estate transactions without the participation of the owner.

Despite the fact that this service has been operating for six years, its popularity has increased sharply just now.

What is a ban on real estate transactions and how to formalize it

The ban on transactions is the impossibility of registering the right to real estate with government agencies without the personal presence of the owner. Rosreestr will return documents received for registration if there is a record in the Unified State Register of Real Estate that the registration was carried out personally by the owner, and the owner of the property is absent.

The mechanism for imposing such a ban appeared back in 2013. This measure helps to protect yourself and your property from fraudulent activities by:

• sale, exchange, donation of real estate;
• registration of encumbrance or pledge;
• termination of the owner's rights.

These cases of fraud can occur when a passport or ownership documents are lost, as well as in the event of a long-term departure of the property owner. In addition, this method allows you to protect the rights of elderly citizens, who are easily misled and deceived.

You can establish a ban on real estate transactions through:

• Rosreestr and cadastral chamber;
• MFC;

How to apply for a ban through the MFC

You can contact the MFC in person or through a legal representative acting on the basis of a notarized power of attorney. A ban can be issued in relation to any real estate if it is registered in the cadastral register, it can be an apartment, a house, a room or a parking space. If there are several owners of the property, a ban can be imposed only on your share.

Order

When submitting an application through the MFC, to save time, it is better to make an appointment in advance by calling 4-03-80; 4-03-86; 4-03-02; 4-03-10 ( a call center specialist will discuss and fix a time convenient for you visits to the MFC), or come to the MFC in advance in person (the administrator will issue a personalized coupon). You can visit the MFC without an appointment. The centers accept citizens on a “live” electronic queue basis.

Take the coupon “Services of Rosreestr and Cadastral Chamber” in the “acceptance of documents” section. Wait for the call.

At an appointment with a specialist, a citizen must fill out an application in a form approved by the government agency. The applicant must have a passport or any other identification document with him. No other papers are required. MFC employees receive information about the applicant’s ownership of the property independently by sending interdepartmental requests.

The service is provided free of charge, and there is no state fee for filing an application. Information about the impossibility of registering rights to real estate without obtaining the personal presence of the owner is entered into the Unified State Register of Real Estate 5 days after submitting the application. Since MFCs perform an intermediary function between the applicant and the registration authority, the center’s employees need another 2 days to transfer the received application to Rosreestr. Thus, the service will be received within 7 working days.

Registration actions can be carried out with the issuance of an extract from the Unified State Register to the applicant. If the owner is interested in receiving such a “paper,” he must indicate this in the appropriate column of the application. In this case, the MFC employee will give the applicant a receipt indicating the date of re-appointment, at which time he will be able to pick up an extract from the Unified State Register with an advisory note about the ban.

Reasons for returning an application:

1. The paper form of the document has typos, errors, and corrections that do not allow it to be interpreted unambiguously.
2. The application does not comply with the established template.
3. The prohibition on transactions was filed by a person who is not the owner of the real estate.
4. Information about the property specified in the application differs from the data contained in the Unified State Register of Real Estate.

An MFC branch employee will help you fill out the application correctly.

Is it possible to lift the ban?

The ban will remain in effect indefinitely until:

1. It will not be revoked by the owner.
2. Not repaid upon registration of the transaction in the presence of the property owner.
3. Based on a court decision that has entered into force.

In the event of the death of the person who established the ban, the termination of the entry in the Unified State Register must be declared by the new owner who has acquired the rights of inheritance. In case of withdrawal of a previously submitted application to prohibit transactions, a state duty is established in the amount of:

• 350 rubles for individuals;
• 1000 rubles for legal entities.

What objects may be affected by this measure of influence?

Immovable things (according to clause 1 of Article 130 of the Civil Code of the Russian Federation) are plots of land, subsoil and all things firmly connected to the land that cannot be moved without disproportionate damage to their purpose (buildings, structures, unfinished construction objects).

This also includes aircraft and inland navigation vessels that are subject to state registration. The law may classify other property as real estate.

This also includes residential and non-residential premises, as well as parking spaces, if the boundaries of such premises, parts of buildings, structures are described in the manner established by the legislation on state cadastral registration. In this way, it is possible to establish a ban on the sale of the property indicated above.

Fate of the petition

If a petition is made in a lawsuit or during a trial, the court will definitely bring this petition up for discussion at the court hearing.

During the discussion, the court will find out the opinion of the parties and other participants in the process on the merits of the submitted petition, and then make a ruling. As a rule, requests for interim measures are always granted.

The decision made is sent to the registration authority, which will enter information about the ban into the registration records. Usually the court independently sends the determination to the destination. But it is quite possible that the court will transfer a copy of the ruling to the plaintiff, and he, in turn, will take it to the required registration authority.

If a decision is made that is positive for the plaintiff, the ban remains in force until the decision is fully executed. If the claim is rejected, the ban is lifted simultaneously with the rendering of the decision.

How a ban on registration actions with real estate is imposed by bailiffs or the court

Let us say right away that bailiffs use this measure of influence to enforce a particular court decision, and the courts only enforce any claim through it, without enforcement.

A ban on registration of real estate by bailiffs is imposed through the adoption of an appropriate resolution. The bailiff acts in favor of the claimant and by virtue of Art. 80 Federal Law of October 2, 2007 No. 229, which gives him such a right.

The prohibition is also imposed by a court ruling that secures the claim. This possibility is provided for in Chap. 13 Code of Civil Procedure of the Russian Federation. A petition to prohibit registration actions with real estate can be filed by persons participating in the case. The court's ruling on appropriate security for the claim is executed immediately, according to Section VII of the Code of Civil Procedure of the Russian Federation. The plaintiff is issued a writ of execution, and the defendant is sent a copy of the court ruling. In this case, the bailiffs are guided by Part 6 of Art. 36 Federal Law dated October 2, 2007 No. 229.

Grounds for application

There is an opinion that a request to seize property must be justified by the fact that the plaintiff has reason to assume that the defendant intends to hide his property in order to make it impossible to enforce the collection. This is wrong.

To apply for arrest is the indisputable right of the plaintiff and he does not need to justify anything; it is enough to just indicate that the arrest is necessary for the purpose of further smooth execution of the court decision.

However, if the plaintiff has evidence that the defendant is selling his property or trying to sell it, then the petition can refer to this. You can also attach a source of evidence, for example, an advertisement in a newspaper about the sale of an apartment or car.

What happens if you break the ban?

If Rosreestr carries out registration actions while there is a ban on this, he will be held accountable. Such a transaction under clause 1 of Art. 174.1 of the Civil Code of the Russian Federation is void. This means that the parties to the transaction will have to return to each other everything that they received under it.

True, according to paragraph 2 of this article, real estate can be legally sold (and with such a prohibition) in order to pay off the debt to the creditor, in whose interests such an encumbrance was established. Exceptions will be cases where the acquirer lacks relevant information about the ban. Then the latter will be able to recognize the transaction as void under Art. 168 Civil Code of the Russian Federation.

What property buyers need to check

Since bona fide buyers often become victims of scammers, when purchasing real estate they should also take measures to protect themselves from scammers.

First of all, you should require the originals of title documents.

The second important condition is to request from the seller an extract from the Unified State Register of Real Estate about the main characteristics and registered rights to the property. You can get an extract:

• on the Rosreestr website;
• on the portal "State Services";
• on the website of the Federal Cadastral Chamber.

When receiving the statement, you should check:

• FULL NAME. and passport details of the seller;
• the presence of other owners of the property;
• the presence of minor children among the owners.

You should also check the frequency of transfers of ownership of the object (frequent resales should alert you). To do this, you need to order an extract on the transfer of rights to the property. The buyer can obtain the extract independently on the Rosreestr website and verify the veracity of the seller.

If the sale occurs by power of attorney, then you can check the authenticity of the power of attorney on the website of the Federal Notary Chamber.