We register ownership of the apartment
An application for registration of ownership of an apartment is submitted to the registration authority at the location of the housing. You will need:
- applicant's passport;
- a document of title on the basis of which you have the right to own real estate (for example, a certificate of inheritance by law);
- technical passport of the apartment (area of the apartment, number of rooms, material of walls and ceilings, year of construction of the building), issued by the Bureau of Technical Inventory.
An application for registration of property rights is drawn up directly when submitting documents. The sample can be found on the public services portal, information stand at the MFC.
If there are several owners, each of them must receive title documents for the property.
The documents must indicate what share is due to each of the co-owners. However, this rule does not apply to co-owners - spouses, if the apartment or other real estate is registered as common property.
LLC Charter
According to Article 12 of the Law “On LLC”, the charter is the only constituent document of the company. It contains the identification characteristics of the organization:
- the name of the LLC (full and abbreviated) in Russian; in addition, you can also indicate the name in the language of the peoples of the Russian Federation or in a foreign language;
- location (location where the organization is registered);
- the size of the initial authorized capital.
In addition, the charter must include the procedure for the company’s activities, the rights and obligations of participants, the procedure for transferring a share in the management company to another person and other mandatory information.
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.
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A limited liability company is created by one or more founders. The activities of a legal entity are subject to the Civil Code, special laws and internal rules. These rules are established by the constituent documents of the LLC. Based on Art. 52 of the Civil Code of the Russian Federation, we can say that the constituent documents determine the legal status of the organization and the legal basis for its activities.
Although the concept of “constituent documents of a legal entity” implies the plural, according to the law this includes only the charter of an LLC. After amendments were introduced in mid-2009, the agreement on establishment does not belong to the constituent documents of the company, but it is still necessary to conclude it when registering an LLC by several persons. Why? Let's figure it out.
We restore documents
If the registration certificate for the apartment is damaged or lost, the owner of the property must contact the authority where the document was previously received.
If the papers were issued before February 1, 1998, you must contact the housing department of the locality where the real estate is located, fill out an application for restoration of title documents (copies of the privatization certificate) and pay the state fee. Execution time: 15 working days.
If the purchase and sale agreement was drawn up in simple written form (this was allowed to be done since January 2006) without certification by a notary, you can contact the authority where the real estate was registered. The archives of the registration service store copies of all documents transferred during the registration of rights to an apartment, including the purchase and sale agreement.
At the territorial office of the Federal Registration Service, you must fill out an application for restoration of the document and indicate the reasons for the loss of the registration certificate. A duplicate of the registration certificate for the property is issued within 30 days. A record of the issuance of a duplicate is made in the Unified Register of Real Estate Rights, and a special mark “In replacement of the lost one” must be placed on the duplicate. At the bottom of the document, a certification inscription is made on the duplicate containing the date and reason for issuing the duplicate, information about the applicant and other important information. The duplicate registration certificate must also include the number of the lost document and the date of its issue.
If the lost contract for an apartment was concluded in a notary’s office, the owner can contact the notary with a statement of loss. After paying for the services, the notary will issue a duplicate to the applicant.
In addition, you can contact the second party to the transaction - the buyer or seller of real estate. This is especially true for those who acquired real estate by concluding a transaction in simple written form between 1996 and 1998, when mandatory notarization was abolished and the law on single registration had not yet entered into force.
If it is impossible to restore the contract, you must contact the BTI to confirm your ownership of the apartment. In addition, information can be obtained from the tax office confirming the payment of income tax by the seller of the property and property tax by the new owner of the apartment.
A lost gift deed or certificate of inheritance can be restored upon application at the registration authority or at a notary's office by submitting an application there.
Lost cadastral or technical documents for a real estate object are restored at the BTI. Please note: if more than 5 years have passed since the date of registration of the technical or cadastral passport, it will be necessary to re-issue the technical passport of the housing.
If BTI employees have not found the original document or its copy in their archives, the owner can file a claim in court to recognize the right of ownership of the property.
If documents for real estate are lost or damaged, the owner must restore them in a timely manner by submitting an application to the same organization where they were received; in addition, you will need a passport or other document proving the identity of the applicant
The charter is the only constituent document of the company
Indeed, in Article 52 of the Civil Code of the Russian Federation and Article 12 of the Law “On LLC”, in the list of constituent documents of a legal entity in 2021, only the charter is mentioned. The charter contains basic information about the procedure for interaction of participants with each other, the size of the authorized capital, transactions with shares, the competence of the company’s bodies, etc.
However, in business practice, the list of constituent documents includes not only the charter. This list is much wider. Based on the charter alone, it is impossible to obtain sufficient information about the activities of the LLC.
The statutory documents do not contain information about who runs the company and is the owner of the business. The charter also does not contain registration data - INN, KPP, OGRN codes, types of activities, Federal Tax Service number where the organization is registered for tax purposes, full legal address. And without this information, it is impossible to check the counterparty before a transaction, obtain a loan or attract investments.
On June 25, 2021, the Order of the Ministry of Economic Development comes into force, which approved 36 versions of standard charters for LLCs. From this date, existing companies have the right to switch to standard charters. In this case, the constituent document will not have individual characteristics; it will be enough to know the number of the version of the standard charter that the organization has chosen.
What to pay attention to
Real estate agency employees advise not to neglect checking documents, even if the transaction does not require any evidence.
There may be no certificate of title if the transaction was completed before 1997 (before the advent of Companies House). However, in this case, the title document itself must have a registration stamp.
Always compare the information in the documents and the actual state of affairs: for example, if the seller demolished the house without obtaining permission to reconstruct the house and without terminating ownership of the building, the transaction will not be able to be completed because the documents for the transaction are not ready
Please note that the data specified in the title document and the identity card match. For example, the names Natalia and Natalya are often confused, Daniil can turn into Danila, and the dots above the letter “e” must be written or not written exactly as indicated in the passport - Fedor and Fedor with the same last names can be two different people.
If you find discrepancies, refer to the spelling in your passport. All changes must be made to the title documents.
The second thing that needs to be checked is the absence of encumbrances on the right of use and restrictions on payments (when the property is pledged to a bank or an individual or final payments have not been made to the seller as in the case of installment payment).
Encumbrances can (and should) be removed, for which you need to contact the regional justice authorities with documents confirming the absence of encumbrances. This could be, for example, an act of mutual settlements.
The third thing that needs to be compared is the numbers - the area of the housing or plot, the number of rooms, house and apartment numbers. If the numbers do not match, look at the most recent document by date of issue. If the apartment has undergone redevelopment or the new owner of the land plot, after the surveying procedure, has discovered that its area differs from that indicated in the documents, it is required to make changes to the certificate of ownership of real estate by contacting the registration authority with a document that reflects the latest technical characteristics of housing.
The fourth document that needs to be studied is an extract from the house register (Form 9), which indicates how many people are registered in a given living space and their age. If you are buying or selling a plot of land on which there is only the skeleton of a house, you must obtain an archival extract of the same form.
Safety precautions
Real estate is expensive, so it is worth taking precautions that will significantly reduce the risks of the apartment owner.
- Keep title documents in a safe place.
- If you need real estate documents to fill out any documents (for example, a tax return) or when showing an apartment or house to a potential buyer, it is better to work with copies rather than originals.
- Copies of documents must be made only in your presence (or in the presence of an authorized representative).
- If for some reason you have lost your documents (especially if you have become a victim of theft), you must immediately report this to the registration authority and contact the police with a corresponding statement.
In addition, it is worth going to court with a request to prohibit any transactions with real estate for which the title document has been lost or stolen. This is necessary in order to prevent attackers from using lost documents for illegal purposes.
