How can you prove it? What documents confirm ownership

Types of housing documentation

From a legal point of view, a document confirming the fact of ownership of real estate is a certificate of state registration of rights. It is called a certificate of title. It is issued by the registration chamber at the place where the real estate was purchased, and an entry is made in the Unified State Register of Real Estate (USRN).

Certificate of registration is the main document of title for apartments purchased before July 1, 2021

It indicates all the details of the apartment and its owner, the basis on which the apartment changes owner.

The above is true for apartments purchased before 07/01/2016. After this date, the certificate was abolished; now an extract from the Unified State Register is sufficient to confirm ownership. Until 1998, a separate certificate was not issued because there was no registration chamber. An entry was made on the contract.

The extract also indicates the type and number of the document according to which the home is alienated. An extract from the Unified State Register of Real Estate is sufficient in itself and confirms ownership, but to obtain it it is necessary to submit documentation documenting a specific transaction with housing.

Extract from the state register

Lack of required papers

As practice shows, most citizens do not think about title documents until the issue becomes an issue.
It often turns out that some papers are out of date or completely missing for some reason, be it lost or damaged. Be that as it may, they need to be restored. If no transactions were made with real estate for many years, there were no inheritances, there was no actual transfer of rights, then citizens may be faced with a situation where the property was received before 1998 and after that no one really dealt with the documents. In this case, you will need to visit the territorial Bureau of Technical Inventory, where such old data is stored. Information about all objects acquired later than this time is available in Rosreestr. Making a request there will not be difficult, since a single database is accessible from any locality on the territory of the Russian Federation. To confirm your right, you need to order an extract from the Unified State Register. Next, you should start restoring other missing papers.

It is important to take into account that an extract from the Unified State Register has full legal force and on its basis any transaction for the alienation of real estate can be concluded. The easiest and fastest way is to order an extract from the USRN online here or through the widget below. Around the clock, in just 5 minutes, you will receive complete information about the property according to official data from Rosreestr.

https://www.youtube.com/watch?v=0Lv6XzKl6LE

List of title documents

The main types of such documents:

• contract of sale. It must be completed in 3 copies. One is kept in the institution, each participant has a copy;
• barter agreement. Issued when exchanging apartments. If the exchange is unequal, an additional payment will be required. In this case, what the BTI employees wrote down in the passport must correspond to what is recorded in the state register;
• gift agreement. Applies when real estate is transferred into ownership free of charge. In this case, special conditions of the gift may be applied, for example, care of the owner for a certain time or others;
• privatization plan. Issued by an authorized body with a mandatory list of apartments intended for transfer to private ownership;
• certificate of inheritance. Issued to heirs after 6 months from the date of death of the owner of the home. Can be executed both in court and by will;
• agreement for participation in shared housing construction. It is concluded between the developer and the participant in shared construction. The latter is obliged to pay the amount agreed upon in the contract within the established time frame, and the developer, in turn, transfers the property to the participant. The transfer is formalized in the form of an agreement for the transfer of residential premises into the ownership of citizens, which indicates the detailed characteristics of the transferred housing;
• investment agreement. Almost completely repeats the previous point. The size of the investment is agreed upon;
• a court decision indicating the period when it will take effect.

Everything is drawn up in 3 copies, certified and executed according to the established rules. These are the main title documents for an apartment in 2021.

The purchase and sale agreement is the main document of title to the ownership of the purchased apartment

There are other varieties. For example, a mortgage, when real estate is foreclosed on for an unpaid loan, a certificate of purchase at an auction, etc. They are variations of the main types listed.

Features during alienation

Some of the documents of title to real estate must be notarized.
These include copies of personal passports, if we are talking about co-ownership, copies of certificates of ownership, etc. Despite the fact that the purchase and sale agreement is not required by law to be notarized, it will never be superfluous. The signature and seal of a notary serves as an additional guarantee against illegal claims from outside and accusations of the owner that he received the object illegally. When it comes to the alienation of real estate that is just being transferred or has become the property of a new owner, it is also necessary to obtain an extract from the management company about the status of personal accounts in order to find out if there are any debts for utilities. It would not be superfluous to take an archival extract from the house register, attaching it to the general package of papers. It will serve as confirmation that the property does not have any additional persons having the right to use it. This is especially important when it comes to housing.

An additional guarantee confirming ownership rights is an extract from the Unified State Register of Real Estate. It is worth keeping in mind that it can be ordered by strangers who decide to check who actually owns the object.

Documents received by court decision

When controversial situations arise, which our reality abounds in, the legality of certain actions to determine the right to own an apartment is determined in court. The resulting solutions allow you to take steps for further registration of ownership of the apartment. There are documents that can only be obtained by a court decision. Including:

• agreement of repayment at the expense of property to account for the unpaid debt on the loan;
• agreement on dividing the apartment into different shares;
• an agreement on the allocation of an expressed part from the total share, for example a kitchen;
• certificate of inheritance;
• certificate of the spouse’s share, in the absence of consent;
• an act on the return of a nationalized apartment to private ownership;
• decree of settlement if consensus is reached before the court's determination.

Certificate of right of inheritance of an apartment

All of these types of documents give the right to receive an extract from the Unified State Register of Real Estate, that is, they are title documents for the ownership of the purchased apartment.

For state registration of real estate, the following must be attached to the application: 1) documents confirming the authority and identity of the representative (director); 2) title documents; 3) other documents established by law; 4) documents submitted at one’s own request; 5) documents must comply with general requirements.

If the set of documents is incomplete or they do not meet the established requirements, then state registration will be suspended. If the comments are not eliminated within the suspension period, state registration will be denied.

1. Power of attorney and other documents certifying the powers and identity of the representative (director) Such documents are: 1. Notarized power of attorney, if the documents are submitted by a representative of the organization (Part 4, Article 15, Subclause 1, Part 4, Clause 1, Part. 12, Article 18 of the Law on State Registration of Real Estate, clause 1, Article 185.1 of the Civil Code of the Russian Federation); 2. A document confirming the authority of the manager, if the documents are presented by a person acting on behalf of the organization without a power of attorney (Part 9 of Article 18 of the said Law). Such documents could be, for example:

3. Identity document of the representative (director). As a general rule, such a document is a passport of a citizen of the Russian Federation (clause 1 of the Regulations approved by Decree of the Government of the Russian Federation of July 8, 1997 N 828). The need to submit (present) such a document follows from paragraphs. 4 hours 12, hours 15 art. 18 of the Law on State Registration of Real Estate. This is required if documents for state registration: · are submitted in person. If such a document is not presented, acceptance of the documents will be refused (Part 15, Article 18 of the Law on State Registration of Real Estate); · sent by mail. In this case, you need to attach a copy of the identity document of the representative of the organization (clause 4, part 12, article 18 of the said Law). Since the requirements for such a copy are not established by law, it can be sent in the form of a simple photocopy. 2. Title documents Such documents are the basis for state registration of rights (agreements) to real estate. Their list, including for land plots, is given in Part 2 of Art. 14 of the Law on State Registration of Real Estate, and for certain types of rights and real estate - in Chapter. 6 of the said Law. For example, these include:

Title documents must contain a description of the property and, unless otherwise provided by law, the type of registered right (Part 1, Article 21 of the Law on State Registration of Real Estate). In addition, such documents must be (Part 1 of Article 21 of the said Law): 1) notarized. It is mandatory to notarize, for example: · any transaction if the documents are sent for registration by mail (clause 2, part 12, article 18 of the said Law). Moreover, if the agreement is signed by a representative, then a power of attorney confirming his authority must also be notarized (clause 3, part 12, article 18 of the said Law). This rule applies in cases where both the transaction itself and the right (restriction of right, encumbrance of property) on its basis are subject to registration; · agreement for the sale of shares in the right of common shared ownership (Part 1 of Article 42 of the Law on State Registration of Real Estate). The exceptions are transactions for the alienation of land shares, transactions related to property that constitutes a mutual investment fund or is acquired for inclusion in such a fund, as well as transactions for the alienation of shares in the right of common ownership of real estate when concluding an agreement providing for the transfer of ownership of residential property premises in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation” (except for the case provided for in Part 19 of Article 7.3 of this Law); 2) certified by seals (if any - clause 7 of article 2 of the Law on JSC, clause 5 of article 2 of the Law on LLC); 3) duly signed by the parties or officials specified by law. 3. Other documents required for state registration of real estate In some cases, the applicant must also submit other documents that are provided for by the Law on State Registration of Real Estate and the regulatory legal acts adopted in accordance with it (Clause 3, Part 4, Article 18 of the said Law). These include, for example, a certificate of full (partial) payment of the price of the agreement for participation in shared construction. It determines the amount and timing of payments upon assignment of the right of claim under this agreement (clause 2, part 10, article 48 of the said Law). This certificate is issued by the developer or the bank through which such payments were made. 4. Documents that the applicant submits on his own initiative The applicant, on his own initiative, can submit documents that Rosreestr receives through interdepartmental interaction (Part 6 of Article 18 of the Law on State Registration of Real Estate). These include, for example: · a document confirming payment of the state duty (Part 7, Article 18 of the Law on State Registration of Real Estate). Payment of the state duty can be confirmed using the State Information System (clause 3 of Article 333.18 of the Tax Code of the Russian Federation). But if there is no information in the system and the applicant has not submitted a document confirming payment, then the documents will be returned without consideration (clause 3 of Article 25 of the Law on State Registration of Real Estate). Therefore, we recommend submitting a document confirming payment of the state duty on your own initiative; · constituent documents (part 9 of article 18 of the said Law). Such documents can be presented both in the original and in the form of a notarized copy. Also, a copy of the constituent documents can be certified by the head of the organization with a seal (if any); · extract from the Unified State Register of Legal Entities. For example, when paying off a mortgage record, if the mortgagee organization is liquidated (Part 14, Article 53 of the said Law). Let us note that when an LLC or JSC makes a major real estate transaction, the consent of the competent body of the organization is required (clause 1, article 79 of the Law on JSC, clause 3, article 46 of the Law on LLC). The document confirming such consent is not included in the list of mandatory and necessary for state registration. However, if it is not presented, the right (agreement) will be registered, but an entry will be made in the register that the transaction was completed without the necessary consent (clause 4, part 3, article 9, part 5, article 38 of the Law on state registration of real estate). To avoid risks when making subsequent real estate transactions, it is advisable to submit this document. 5. General requirements for submitted documents Requirements for documents submitted for state registration of rights to real estate are provided for in Art. 21 of the Law on State Registration of Real Estate. In particular, the texts of documents on paper must be written legibly, the name of the organization is given in full (without abbreviations) indicating its location (Part 2 of Article 21 of the said Law). Let us note that the following documents are returned without consideration (clause 2 of Article 25 of the said Law): · executed in pencil; · having erasures, additions, crossed out words and other unspecified corrections; · with serious damage that does not allow an unambiguous interpretation of their contents. Documents are submitted in the following quantities (Parts 3, 5 of Article 21 of the Law on State Registration of Real Estate): · at least two originals of the agreement that is the basis for state registration, if the transaction is made in simple written form; · at least one original of the agreement, which is the basis for state registration, and its copy, if a notarized transaction or a previously arisen right is being registered; · one copy of a copy of an act of a government agency, a local government body, a judicial act, if the right is established by this act; · at least two copies, one of which must be the original, - all other documents. Special requirements apply to documents sent electronically. Such documents are presented (Part 7 of Article 21 of the Law on State Registration of Real Estate): 1) in the form of an electronic document, if such a paper document must be presented in the original (one of the copies must be the original), including if they are notarized. Such documents are signed with an enhanced qualified electronic signature of authorized persons, parties to the contract or officials established by law (Part 8 of Article 21 of the Law on State Registration of Real Estate); 2) an electronic image of the document, if the paper document is presented as a copy (without submitting the original). Such documents can also be submitted in the form of an electronic document. When submitting an electronic image of a document, an enhanced qualified electronic signature of the person who signs such documents in paper form or who is authorized to certify their copies is required (Part 9 of Article 21 of the Law on State Registration of Real Estate). The format for submitting such documents is specified in clause 9 of the Procedure given in Appendix No. 1 to Order of the Ministry of Economic Development of Russia dated November 26, 2015 N 883. If they do not comply with the established format, the documents are returned without consideration (clause 1 of Article 25 of the Law on State Registration of Real Estate). The set of electronic documents and document images generated for state registration must be certified with an enhanced qualified electronic signature of the applicant (Part 10, Article 21 of the said Law).

Document preparation procedure

An application written in the prescribed manner is submitted to the registration chamber at the location of the apartment. It should be written:

• who registers the transaction;
• description of the subject of the transaction;
• account number;
• how many sheets are attached to the application, copies and originals are counted separately;
• How many sheets of application, signature, date are on?

To be filled out with the help of a chamber employee. The following documents are attached to it.

Seller:

• certificate of registration of rights (if any);
• title document;
• a certificate stating that no one is registered;
• consent of the spouse, if the seller was married. Certified by a notary;
• permission from guardians if the seller does not have the right to make transactions due to age or mental condition;
• confirmation of permission from neighbors for a communal apartment.

Buyer:

• marriage certificate if the property will be jointly owned;
• a marriage contract certified by a notary when an apartment is purchased by shared participation;
• spouse's permission to purchase if borrowed funds are used;

Naturally, you need a passport of the person who registers the property, the physical presence of the person, a passport from the BTI. If entrusted to a trusted person, then a notarized power of attorney.

In addition, you must attach a receipt for payment of the state fee. It is paid twice. When completing the contract, the buyer and seller each pay 1,000 rubles. In order to enter himself into the register, the buyer must pay 2,000 rubles.

To register ownership rights to an apartment you will have to pay a state fee

Acquisition through purchase

When it comes to purchasing real estate based on a purchase and sale transaction, you need to be extremely attentive to the documents and check their legal purity.
It is important to know what exactly should ultimately remain with the new owner of the property in order to reduce the risk of possible legal claims from outside. In addition, it is necessary to pay attention to the timing, how long the seller owned the object and how it was received. Such information speaks volumes and helps to avoid big troubles. After you have figured out what a document of title is and what it can be, you should consider the features of the papers that are transferred to a citizen when purchasing a real estate property, namely:

• The transaction agreement must contain personal signatures of all parties and reliable details. They must be checked with your passport and other documents before signing;
• There cannot be any inconsistencies between the information indicated in the papers for the same object. If they exist, this may indicate fraud, illegal redevelopment and big troubles in the near future;
• It is highly advisable to update the cadastral passport and plan every five years.

Whatever real estate we are talking about, if the seller is officially married at the time of sale, you should make sure that the property is not jointly owned. If this is the case, you should require the written and notarized consent of the second spouse to carry out such a transaction.

Where can I get title documents?

This depends on the terms of the transaction. Documentation is prepared in different authorities.

At the notary

Transactions made voluntarily are certified by a notary. And most often, the contracts themselves are drawn up directly with a notary. This makes it easier to avoid mistakes, and it is better to trust the professionals. Moreover, a trip to a notary cannot be avoided in any case.

Documents are drawn up when a transaction is made in a notary's office with the required number of copies and certified there.

Registration of title documents for an apartment from a notary is the most convenient option if the parties have no disagreements

In a court

If the transfer of ownership of an apartment is accompanied by disagreements, they are resolved in court. To obtain documents, including those that are formalized only by a court ruling, it is necessary to go through all stages of the proceedings.

Once the decision is made, the original documents are issued to both the plaintiff and the defendant. If you fail to appear in court, the court decision is made in absentia and sent to the place of registration or actual residence, if there is no such place.

In the Housing Policy Department

In some cases, the Housing Policy Department is involved in registering real estate. This organization was created under the Ministry of Construction and Housing and Communal Services. Its functions are the implementation of state policy in this area, including the legal aspects of this work.

There are often cases when municipal housing is provided free of charge to needy citizens. For example, the resettlement of a dilapidated building. In this case, at the initiative of the department, an interdepartmental commission is created that declares the building unfit for habitation.

An act is drawn up recognizing the building as unsafe, and another housing is provided. Agreements are concluded with residents regarding this. And if the law does not contradict the privatization of such an apartment, the agreement is a document of title.

In Rosreestr, registration chamber

Registration of rights is carried out by the registering authority, Rosreestr. You need to contact the registration chamber, as already indicated. This is not the only way. The law allows you to contact the nearest multifunctional center. The applicant will receive a completed extract from the Unified State Register there.

The application can be submitted digitally on the government services portal. In this case, it is necessary to carefully fill out all forms, otherwise the application will not be considered; it is considered to be incorrectly completed. You will have to make adjustments and apply again.

The importance of proper registration of real estate cannot be overestimated.
One can imagine the state of a person who, due to oversight or negligence, was left without an apartment or without money. The right to dispose of property legally and freely is worth a lot; the preparation of documents must be approached with the utmost care. Order a free legal consultation

Procedure for obtaining documents

​All supporting documents are drawn up at the time of transfer of the apartment from one owner to another or by court decision.
During their preparation, only a passport and personal presence are required. If one of the parties cannot be present in person, a representative participates in the transaction under a notarized power of attorney. If the documents were lost, they must be restored. This is due to the fact that only a foundation document can confirm that you are the owner of the residential premises.

There are certain rules of action that are required to obtain a duplicate document. The place of appeal depends on where and how the document was drawn up.

At the notary

You need to know which notary you received the documents from. Here a certificate of inheritance is issued. Also, the services of a notary will be required if real estate is being sold, when several co-owners act as one of the parties.

When preparing documents, 3 or more copies are drawn up. A copy is given to each party to the agreement. Another 1 copy remains with the notary. He can issue a certified copy of the contract, but for this you need to provide a passport and write a corresponding statement.

In Rosreestr

Here you can get a document if you registered property before 2000. Also here, those who executed the agreement in simple written form and did not have it certified through a notary receive a document.

If the owner of the apartment is one adult citizen, the agreement can be drawn up without the participation of outside organizations. Only the personal presence of the parties to the agreement or an authorized person with a notarized power of attorney is sufficient.

The agreement is signed in 3 copies and, together with other documents, is submitted for registration to Rosreestr. After completing the registration actions, all documents, except 1 copy of the agreement, are returned. Therefore, the owner can submit an application to the nearest branch of Rosreestr. You must take your passport with you. The employee will issue the application form on site.

A receipt for payment of the state fee is attached to the request. To restore one document, you must make a payment of 200 rubles. Typically, a copy of the document is issued within 5 business days.

In the Housing Policy Department

Here the transfer of the apartment through privatization or subsidy is formalized. The Housing Policy Department also keeps a copy of the foundation document. To obtain the document, you must provide a passport and submit the appropriate application.

If title documents were originally drawn up before the end of 1997, the documents may not be available in Rosreestr. If they are not there, you need to contact the Housing Policy Department. The owner’s passport and an application of the established form are also submitted. The application form will be given to you on site. The document will be prepared within two weeks.

There are situations when not only the owner lacks the basis document. It happens that he is not in the Department of Housing Policy or in Rosreestr. In this case, you can contact a housing construction cooperative, a developer or a notary. The specific location depends on the place where the property is registered and the documents are signed.

Lawyers recommend keeping title documents for property in a safe place. If documents are necessary to perform any actions, it is better to make a copy.

Thus, when registering ownership of an apartment, various title documents can be used. They must be kept by the owner to confirm ownership of the property. If documents are lost, you must contact the appropriate organization to obtain them. It is better to do this in advance before the need arises to complete a transaction with property.