How to register ownership of real estate. Overview of methods for registering rights with detailed instructions and features

According to Article 131 Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation) property rights and others real rights on immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to and transactions with it. Subject to registration: ownership, right economic management, right operational management, right of lifelong inheritable ownership, right permanent use, easements, as well as other rights in cases provided for by the Civil Code of the Russian Federation and other laws.

The body carrying out state registration of rights to real estate and transactions with it (hereinafter referred to as the state registration body) is obliged, at the request of the right holder, to certify the registration by issuing a document on the registered right or transaction or by making an inscription on the document submitted for registration.

The procedure for state registration of rights to and the grounds for refusal to register these rights is established by Federal Law No. 218-FZ “On state registration of rights to real estate and transactions with him."

According to Article 13 Federal Law“On state registration of rights to real estate and transactions with it” during state registration of rights to real estate and transactions with it is carried out in particular, legal expertise documents, checking the legality of the transaction (with the exception of a notarized transaction) and establishing the absence of contradictions between the declared rights and already registered rights to the real estate object, as well as other grounds for refusal of state registration of rights or its suspension in accordance with the said Federal Law.

Article 16 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” stipulates that if the right arises on the basis of a notarized transaction or other notarial action performed by a notary, it can be performed upon filing an application for state registration of the right.

In accordance with the Fundamentals of the legislation of the Russian Federation on notaries (Article 86.2; hereinafter referred to as the Fundamentals), the notary who certified the transaction, issued a certificate or made an executive inscription on the retention of the pledged property by the pledgee, on the basis of which the right to or with real estate is subject to state registration, at the request of persons applying for the performance of the relevant notarial act, submits an application for state registration of rights to real estate and transactions with it, with the attachment of other necessary for the execution registration actions documents to the state registration authority. Unless otherwise agreed with the persons applying for a notarial act, the notary who performed the notarial act receives documents issued by the state registration authority and transfers them to the specified persons.

The documents necessary for submitting for state registration of rights to real estate and transactions with it are presented to the notary by persons applying for a notarial act.

The procedure for submitting documents for state registration is established by the above-mentioned Federal Law “On State Registration of Rights to Real Estate and Transactions with It” (Article 16).

When signing an application for state registration of rights to real estate and transactions with it, as well as carrying out other actions provided for in Article 86.2 of the Fundamentals, the notary acts on his own behalf in the interests of the persons on whose behalf and on whose behalf the notarial act was performed. The powers of a notary provided for in Article 86.2 of the Fundamentals are exercised without a power of attorney.

In the case of submitting an application for state registration of rights to real estate and transactions with it, with the attachment of other documents necessary for carrying out registration actions, to the state registration authority in accordance with Article 86.2 of the Fundamentals in electronic form the notary who performed the notarial act receives documents issued by the state registration authority in electronic form and issues them to the person who applied for the relevant notarial act, at his request, in electronic form or in the form of paper documents by certifying the equivalence of paper documents electronic documents.

For performing a notarial act of submitting documents for state registration of rights to real estate and transactions with it, the notary charges a notarial fee in the amount of 1,000 rubles (clause 12.5 of part 1 of article 22.1 of the Fundamentals).

The amount of the notary fee for certifying the equivalence of a document for on paper for an electronic document is 50 rubles per page of a document on paper (clause 12.3 of part 1 of article 22.1 of the Fundamentals).

It should be noted that when submitting an application by a notary in cases where the right arises on the basis of a notarized transaction or other notarial act performed by a notary, an application for state registration of rights and other documents necessary for state registration of rights can also be submitted to the relevant state registration authority by the employee a notary who has written confirmation of his authority to submit applications and other documents necessary for state registration of rights, issued by a notary and sealed with his signature and seal.

The application for state registration of rights and other documents necessary for state registration of rights submitted by a notary or his employee in these cases are accepted by the state registration authority or multifunctional center on the day of application and are considered within the period established by paragraph three of paragraph 3 of Article 13 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.”

By general rule state registration rights is carried out within ten working days from the date of receipt of the application and documents required for state registration, unless other deadlines are established by federal law (clause 3 of Article 13 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”).

However, notaries are provided priority right register the transfer of rights to real estate on the basis of notarized documents.

Thus, state registration of rights on the basis of notarized documents is carried out no later than within three working days following the day of receipt of the application and documents required for state registration. State registration of rights on the basis of notarized documents presented in the form electronic documents, electronic images of documents and an application for state registration of rights submitted by a notary in electronic form is carried out no later than within one business day following the day of receipt of the documents required for state registration of rights and the specified application.

Thus, for the state registration of rights on the basis of notarized documents, a shortened period has been established.

an official authorized by the state who has the right to carry out notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities).an agreement on the pledge of real estate, under which one party - the pledgee, who is a creditor under an obligation secured by a mortgage, has the right to receive satisfaction of his monetary claims to the debtor under this obligation from the value of the pledged property of the other party - the pledgor, preferentially before other creditors of the pledgor, with the exceptions established by the current civil legislation.land plots, subsoil plots and everything that is firmly connected to the ground, that is, objects the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, unfinished construction objects, as well as parts of buildings intended to accommodate Vehicle(car spaces). Immovable things also include air and sea vessels, inland navigation vessels.actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and responsibilities.legally significant action performed by a notary or authorized official in accordance with the Fundamentals of the legislation of the Russian Federation on notaries.

Registration of transfer of ownership- required legal act in transactions with real estate, protecting the interests of the buyer (acquirer of the right). Registration of the transfer of rights occurs at the request of the seller and on the basis of a title document in the absence of prohibitions and restrictions on this included in the Unified State Register of Real Estate (USRN). State Register real estate).

State registration of the transfer of ownership of real estate - houses, apartments, land plots, rooms - is carried out by Rosreestr. A record of this is made in the Unified State Register of Real Estate for all transactions with the property.
The registration history of the transfer of rights is saved and can be obtained by any interested party in the form of an extract from the Unified State Register of Rights on the transfer of rights.

Agreement for registering the transfer of ownership

The basis document for registering the transfer of ownership is:

Real estate purchase and sale agreement
Barter agreement
Donation agreement
Court decision, etc.

Such an agreement describes a transaction for the alienation of rights from one individual or legal entity- to another.

The alienation agreement itself is not subject to state registration, therefore no state duty for that.

The agreement for registering the transfer of rights on paper is submitted to Rosreestr in at least two copies, since one copy remains in the Rosreestr archive. As a rule, the number of copies of the agreement is equal to the number of parties to the transaction + one.

An agreement to register the transfer of rights can be submitted to Rosreestr.

To register a transition shared ownership rights There is mandatory requirement — notarization basis document.

That is, if a property is owned by several owners right of common shared ownership then Rosreestr will register the transfer of rights only on the basis of a notarial purchase and sale agreement.

Alienation common joint property- does not require certification from a notary.

But the transfer of ownership from a minor or incompetent the owner requires not only, but also mandatory certification of the purchase and sale agreement by a notary.

The purchase and sale agreement is subject to mandatory certification by a notary if it is alienated shared ownership, the property of a minor or incapacitated person.

Documents for registering the transfer of ownership

The state registrar will make an entry on the registration of the transfer of ownership if there is:

applications for the transfer of ownership from the seller, donor or party to the exchange agreement
basis document (donation agreement, purchase and sale agreement, exchange)

If the basis document is certified by a notary, a statement from the party alienating the right is not necessary!

That is, if there is a notarial agreement, the seller or donor may not be present at the MFC when submitting documents to register ownership of the new copyright holder.

An application for registration of transfer of rights will be accepted only upon presentation of an identity document.

You no longer have to provide real estate documents! After all, the only evidence of registered ownership is the presence of a record of this in the Unified State Register of Real Estate. And the title document is in the registry file.

Now you don’t even need to provide your spouse’s consent to the sale. This will not be an obstacle to registering the transfer of rights

BUT! This will be recorded in the Unified State Register of Real Estate!!!

State fee for registration of transfer of ownership

The state fee for registering the transfer of rights is not paid.

BUT! If the owner’s personal data has changed, for example, the last name has changed upon marriage, it is necessary to write an application for making changes to the Unified State Register, pay a state fee of 350 rubles (for 2018) and attach a marriage certificate.

Registration of transfer of ownership. Moment of registration

The moment of registration of the transfer of rights is making an entry about this in the Unified State Register of Real Estate.

Such changes in the registry can be tracked (monitored) using a special service.
The price of the service is only 50 rubles.
As soon as the entry on the registration of the transfer of rights is entered into the Unified State Register for you, to the address indicated in the application email, a message about this will come.

Deadlines for registering the transfer of ownership

The time frame for registering the transfer of rights has been reduced.

Registration of transfer of rights based on a document certified by a notary – 3 working days
Simple contract writing— 10 working days
If a mortgage is registered simultaneously with the transfer of rights - 5 working days

Rosreestr now accepts documents only for extraterritorial transactions, that is, for objects located in another cadastral district.

All other transactions are serviced by the MFC, that is, it accepts applications and issues results. It takes 3 working days to transfer documents to Rosreestr and back.

The deadline for electronic registration of the transfer of rights is determined no later than the next day after the documents are received by Rosreestr. However, in practice these deadlines are violated.

Registration of transfer of ownership is a mandatory procedure

The meaning of registration is the recognition by government agencies of the right to own a particular piece of real estate, regardless of its purpose.

Newly registered property is entered into .

The only person in charge of this issue in our country is government agency called Rosreestr, or federal Service state registration, cadastre and cartography.

Grounds for registration

Any type of real estate is registered with Rosreestr, after which a document of the appropriate sample is issued confirming ownership rights to it. The procedure itself is justified and legalized Section No. 13 of the Civil Code of the Russian Federation.

Moreover, both a legal entity and an individual can act as an owner.

Since real estate may become a property different ways, then registration of rights to it made on the basis of documents, confirming one or another legal way ownership of a building or .

The most common basis for registration is an agreement to complete a transaction, or.

Documents for registration

To register ownership of real estate, you will need to collect a set of certain documents. Moreover, in each individual case the set of documents may differ significantly.

It all depends on how the registered property was acquired and on its type.

Thus, when registering property rights on land plot you will definitely need:

Registration of residential buildings is associated with a more capacious package of documents:

You will certainly need to provide or other document confirming the rights to this residential property.
to the property. These are completely different documents and should not be confused.

It happens a little differently registration of country houses and other buildings intended for gardening activities. Such registration is currently carried out according to a simplified scheme.

The owner of a house that falls under the definition of a country house fills out a form in which, without any participation, he indicates the main parameters of the registered house.

Registration of transfer of rights to apartment in a multi-storey building purchased on the secondary housing market is not much different from registering rights to a separate residential building.

All Required documents the new owner must receive from the previous owner of the apartment as a result of the completed transaction, these are:

Technical certificate.
Title document.
registration object from the old owner to the new one.
Consent of the spouse to complete this transaction, certified by a notary.
There may be a need for additional documents or certificates.

Consult about the need additional documents You can directly contact the territorial department of Rosreestr. There will be no need for such consultations if an experienced lawyer deals with this matter.

In any of the above cases, the following is added to the package of documents:

registration application;
civil passports of participants in a real estate transaction;
copies of basic documents provided for registration of property rights.

Procedure for registration of property rights

As noted above, Rosreestr is in charge of registration issues. And all questions related to this can be answered in the territorial offices of Rosreestr. must be submitted to the department the territory of which the registered property belongs to.

After a preliminary review of the submitted documents, they will be accepted for verification and registration itself, which legally establishes the ownership of the registered property.

If the reliability of the submitted documents does not raise any questions, and additional certificates and documents are not requested, the applicant for registration is given a receipt stating when and what documents were accepted with a list of them, and the date of issue of the certificate of ownership is also indicated.

IN otherwise registration may be refused, or the deadline for issuing a certificate may be delayed.

The deadline for registering ownership rights to real estate in Rosreestr today is 10 working days, but in some cases this may take a period of time up to 14 calendar days.

If we talk about the procedure for registering property rights to real estate, then it can all be divided into the following stages:

Submission of the prepared package of documents to the territorial office of Rosreestr.
Checking the submitted documents for accuracy and compliance with the laws of the Russian Federation.
Checking the correctness and legality of title documents.
Checking the correspondence between registered and claimed rights.
Making a registration record in .
A notation on registration in the title documents of the property owner.
Issuance of a certificate of ownership to the owner of the registered property.

Obtaining a certificate

And finally, after all the excitement and expectations, the moment comes to receive a certificate of registration of ownership of real estate.

Only with this document in his hands is a person becomes the rightful owner of his property, and is free to do whatever he wants with it.

Since the beginning of this year, certificates began to be issued on new forms. They do not have a watermark and are printed on a blank sheet of white paper. The document is certified by the round seal of Rosreestr, and, accordingly, by the signature of the registrar.

Although, if the registration chamber has old-style forms, and they are documents strict reporting, a certificate can be written on it.

There is no reason to be afraid of a document without watermarks, because its authenticity is always easy to check. Just go to the Rosreestr website and order an extract of the certificate, which will be sent to the specified email address in a few minutes.

Video: New in the procedure for registering rights to real estate of citizens

The video discusses last changes legislation concerning the procedure for registering property rights to individual species real estate.

It describes what measures are being taken by the state to reduce the period of registration of rights, reduce the package of documents to confirm ownership of real estate, and other ways to simplify the procedure for filing this issue with government agencies.