Instructions for registering ownership of a house: step-by-step description. What documents are required to register ownership of a house in the MFC? Where do you get documents for a house?

After building a house, including it in the list of registered objects is a mandatory procedure. If a finished building and land plot are purchased, ownership is transferred to the new owner.

Registration of property rights by law

Issues of registration of property rights are regulated federal law No. 218 dated July 13, 2015. It includes provisions for maintaining cadastral registration, the procedure for contacting the registration chamber and collecting documents. Article 131 of the Civil Code establishes the types of property that are subject to registration.

agreement on equity participation in case of building a house;
agreement for the purchase of housing using bank loans (mortgage lending).

Since 2015, property owners have not been issued certificates confirming ownership of residential premises. The title document is considered to be an extract from the Unified State Register of Real Estate, indicating the state registration of the object. All information about the house is stored in an electronic database. If the certificate is lost, the owner has the right to contact the registration chamber and receive the document again.

Where to start registering your home ownership

To register ownership of a house, the following sequence of actions is followed:

An agreement is drawn up establishing the rights and obligations of the parties.
Purchase and sale is carried out (money and property are transferred);
Applying to the registration chamber to register ownership of the house. Submit documents for entering information into State Register.

IMPORTANT! Before submitting the application, the buyer studies the cadastral passport, which contains information about the country house and plot. If the assignment column indicates an individual housing construction object, re-registration will be successful.

After registration of ownership, information about the property is entered into the database.

List of documents for registration

Package of documents for registration of housing:

a copy of the applicant’s passport (with registration);
act of acceptance and transfer of real estate;
agreement of purchase and sale, gift, exchange (depending on the type of transaction);
if the house is inherited, a copy of the certificate issued by a notary is required;
cadastral passport;
a statement drawn up by an individual stating a request to transfer property into personal ownership.

Rosreestr decides on the advisability of issuing an extract from the Unified State Register confirming the right to dispose and own real estate. If the package of documents is returned to the applicant, he has the right to re-apply on this issue or appeal decision in court proceedings.

Where to contact

After putting the facility into operation, the applicant applies to the registration chamber or Multifunctional Center. Information about the property is transmitted and an application is submitted to the registration chamber for inclusion in the register.

Registration deadlines

The deadlines for entering information into the register are regulated:

if the application and documents are submitted to Rosreestr, the review period is 7 working days;
When submitting information to the MFC, the time for resolving the issue is 9 working days.

IMPORTANT! The period for registration of ownership rights is reduced to 5 working days if the applicant has provided in the package of documents judgment, where the obligation of the registration chamber is established to transfer real estate into the possession of an individual.

The moment of registration is the date of entry into the real estate register of information about the house and plot of land.

Registration fee

People and organizations that receive property for legal use are required to pay a state fee:

For individuals for purchase and sale transactions, exchange, donation and other types of contracts for houses and apartments - 2,000 rubles, plots - 350 rubles. For legal entities the amount of state duty is 22 thousand rubles.
For individuals using a mortgage – 1,000 rubles, for legal entities – 4,000 rubles.
In case of participation of individuals in shared construction - 350 rubles, for legal entities - in the amount of 6,000 rubles.

Payment details are available to users on the Rosreestr Internet resource. To download them, the applicant goes to the official website and finds the “Details, cost and samples of payment documents” tab.

Can registration be refused?

Article 27 of Federal Law No. 228 determines the right of the registration department to refuse to carry out the registration procedure if the circumstances that prevent the registration of the house as property have not been eliminated.

They are indicated in Article 26 of the above Federal Law:

the person who applied to the registration chamber, according to the law, has no grounds for owning and using the object;
the applicant is an improper person (the acquisition agreement was issued for one citizen, but another person made the request);
conflicting circumstances between registered rights and newly asserted ones;
real estate is not subject to registration (state property);
a package of documents for the procedure has not been submitted or their content does not comply with legal requirements;
Rosreestr requested information on interdepartmental interaction, but did not receive an answer;
documents for the completion of another transaction were previously provided for the object in question;
there is no consent for registration of ownership (if required).

If these circumstances are eliminated, the applicant has the right to apply again to obtain a positive decision on the transfer of ownership of the house.

What difficulties arise when registering property rights?

In practice, problems with the cadastre and register are identified:

After the start, not all citizens registered ownership of real estate. During registration, problems are observed in collecting title documents and determining the status of housing.
Sellers lose interest in carrying out the registration procedure after receiving money for the transaction. The basis for registering property rights is a statement from both parties.
Entry of information into the register may be challenged in judicial procedure.

Information from the register in the form of an extract from the Unified State Register is legally valid at the time the information is issued.

An individual housing construction project (residential building, individual residential building) is recognized as a separate building, not intended for division into independent real estate objects, with a number of above-ground floors of no more than three and a height of no more than 20 meters, intended for the residence of citizens (clause 39 of article 1 Town Planning Code of the Russian Federation).
To register ownership of an individual housing construction project, we recommend following the following algorithm.
1. Contact a cadastral engineer to prepare a technical plan for the individual housing construction project
The technical plan is prepared by a cadastral engineer and contains information about the individual housing construction project, including those included in the Unified State Register of Real Estate (Article 37 of the Law of July 24, 2007 N 221-FZ; Part 1 of Article 24 of the Law of July 13, 2015 N 218-FZ ).
You can get a list of cadastral engineers on the Rosreestr website. You can also contact the BTI at the location of the individual housing construction project, but check whether they have a cadastral engineer on their staff.
Present to the cadastral engineer following documents:
a) if you have documents permitting the construction of an individual housing construction project (clause 20 of the Requirements for the preparation of a technical plan, approved by Order of the Ministry of Economic Development of Russia dated December 18, 2015 N 953; Part 4 of Article 16 of the Law dated August 3, 2018 N 340-FZ) :
- permission to construct an individual housing construction project;
- project documentation individual housing construction object (if available);
- technical certificate individual housing construction object, prepared before 01/01/2013 (if available);
- permission to put the facility into operation.
From 04.08.2018, obtaining permits for construction and for putting an individual housing construction project into operation is not required (Clause 1.1, Part 17, Article 51, Part 15, Article 55 of the Civil Code of the Russian Federation; Parts 3, 4, Article 16, Article 17 of the Law dated 03.08.2018 N 340-FZ);
b) if you do not have documents permitting the construction of an individual housing construction project, or if they are irretrievably lost (part 11, 11.1 of article 24 of Law N 218-FZ; article 51.1 of the Civil Code of the Russian Federation; clause 1 of the Requirements for preparing a declaration, approved by the Order Ministry of Economic Development of Russia dated December 18, 2015 N 953; Letter of the Federal State Budgetary Institution “FKP Rosreestr” dated July 27, 2017 N 10-1604-KL;
- notification to the developer about the planned construction of an individual housing construction project;
- notification of the compliance of the individual housing construction project with the maximum parameters of permitted construction and the admissibility of placing the individual housing construction project on the land plot;
- a declaration drawn up and certified by the owner of the land plot on which the completed property is located. You can draw up a declaration yourself or seek help from a cadastral engineer;
- documents confirming the fact of loss of permitting documentation, indicating information on the measures taken to obtain it (certificates, letters from authorized bodies, etc.) - if such documentation was received or an application for a construction permit was submitted until 08/04/2018.
The cadastral engineer may ask you additional documents, therefore it is recommended to clarify the list of documents with the cadastral engineer in advance.
The technical plan is prepared, including in the form electronic document and certified by enhanced qualified electronic signature the cadastral engineer who prepared such a plan (Part 12 of Article 24 of Law No. 218-FZ).
The technical plan may be placed for temporary storage in an electronic storage facility maintained by the rights registration authority.
The contract for the performance of cadastral works may provide for the obligation of the cadastral engineer to place the technical plan prepared by him in the electronic storage (Parts 3, 5 of Article 20 of Law No. 218-FZ).
2. Prepare Required documents
To register the cadastral register and register the ownership of an individual housing construction project, the following documents are required (part 1, 2 of article 14, part 1.2 of article 19, part 10 of article 40 of Law N 218-FZ; part 16 of article 55 of the Civil Code RF):
- notification of completion of construction of an individual housing construction project;
- technical plan;
- title document for the land plot (not required if the right to the land plot was previously registered in the Unified State Register of Real Estate);
- a document confirming the authority of the representative (if the notification is sent by the representative);
- an agreement concluded by the right holders of a land plot to determine their shares in the common right shared ownership for a constructed individual housing construction project (if the land plot on which it is built belongs to two or more citizens).
To register ownership of an individual housing construction project, you must pay a state fee. Information about the payment of the state duty must be indicated in the notice of completion of construction (Article 17, Part 7, Article 18 of Law No. 218-FZ; Part 16, Article 55 of the Civil Code of the Russian Federation).
The state fee for registering ownership of an individual housing construction project located on a land plot intended for individual housing construction is paid in the amount of 350 rubles. If it is possible to submit an application and pay the state fee through public service portals and other portals integrated with the Unified Automated Identification and Logistics, the state fee is calculated with a coefficient of 0.7 (clause 24, clause 1, article 333.33, clause 4, article 333.35 of the Tax Code of the Russian Federation).
3. Submit documents to the authorized body
Cadastral registration and registration of ownership of a constructed individual housing construction project are carried out at the request of the authority state power or local government authorized to issue construction permits (hereinafter referred to as the authorized body).
To do this, no later than a month from the date of completion of construction of the individual housing construction project, you must send to the specified body a notice of completion of construction and other necessary documents (Part 1.2 of Article 19 of Law No. 218-FZ; Part 16 of Article 55 of the Civil Code of the Russian Federation).
This can be done in one of the following ways (Part 16, Article 55 of the Civil Code of the Russian Federation):
- through a personal appeal to the authorized body, including through the MFC;
- by post with notification of delivery;
- through the Unified Government Services Portal.
Within seven working days from the date of receipt of your notification and the necessary documents, the authorized body will inspect the individual housing construction project for compliance with the requirements of the law and send an application for state cadastral registration and state registration of rights to the rights registration authority, about which you will be sent relevant notifications (Part. 1.2 of Article 19 of Law No. 218-FZ; Part 19 of Article 55 of the Civil Code of the Russian Federation).
In case of non-direction by the authorized body to fixed time You can send the application and documents to the rights registration authority yourself. In this case, the necessary documents will be requested by the rights registration authority from authorized body within three days from the date of receipt of your application (part 1.2 of article 19, part 2 of article 33 of Law N 218-FZ). State cadastral registration and state registration rights to real estate certified by an extract from the Unified State Register (Part 1, Article 28 of Law No. 218-FZ).
Note! From the moment of registration of ownership of an individual housing construction project in relation to this object, you have an obligation to pay property tax for individuals (Articles 400, 401 of the Tax Code of the Russian Federation). In addition, upon completion of construction, you have the right to return the previously paid personal income tax by applying property tax deductions(clauses 3, 4, clause 1, article 220 of the Tax Code of the Russian Federation).

A fairly large percentage of families in Russia want to live in their own private home. If you do decide to make such an important decision, then you should worry not only about buying or building your own home.

The procedure for registering ownership of a house plays a rather important role. Without passing it, you will not be able to freely dispose of property. What documents are needed to register ownership of a house? We will answer this question in detail in the article.

Property rights are the basic institution civil law. It consists of rules of law that regulate relations on the issue of property. If you want to become the legal owner of any property, you must go through the procedure of registering ownership.

What does this procedure do? It makes it possible to carry out the following transactions on behalf of a citizen:

Sale or donation.
Transfer by inheritance.
Transfer as collateral.

Thus, property rights include the rights:

Possessions.
Orders.
Use.

That is why this procedure is so important and simply necessary if you are going to purchase or build your own home.

Procedure for registration of property rights

The procedure for registering property rights is quite simple if you have certain knowledge and experience. It is very similar to the procedure for transferring this right. The only differences between them are the following points:

Ownership is registered not only for the house itself, but also for the plot.
A detailed and accurate description of all utility networks, with which it is equipped a private house.

Otherwise, the transactions are practically no different.

House on a summer cottage

It is much more difficult to register property if the house is located on a summer cottage. In order to somewhat simplify this procedure, legislation Russian Federation decided to abolish the rules according to which it is necessary to obtain municipal permission to register property.

The duration of the procedure depends on the specific case and its characteristics. The first step will be to raise all the documents for the land plot. If it turns out that the ownership of it was not previously registered, that is, the house was owned by the state, it is necessary to go through the procedure free privatization real estate. The main steps to be followed in this procedure are:

Collecting consent from neighbors on the designation of site boundaries.
Registration of a cadastral passport.
Joining the dacha society.
Providing documents confirming the state’s allocation of a plot of land to the applicant for the construction of a dacha.

Only after this can you begin to register the right to own and dispose of real estate.

Package of papers

So, what documents may be needed to register ownership of a house? The standard package of papers includes:

Cadastral passport. It reflects basic information about the house and land: area, technical condition elements, borders, etc.
Extract from the register. It confirms that the citizen has all the rights to become the legal owner of the property.
Passport.
Consent (if necessary).
An application drawn up in the prescribed form.
A document that confirms inclusion in the country's budget state duty.
Power of attorney (if a proxy is involved in the transaction).

The exact list of documents must be clarified in advance. It may be changed and supplemented depending on the specific situation.

Cost of the procedure

Many citizens who want to build or purchase a plot with a private house have often thought about the cost of this procedure. It is necessary to examine this issue in more detail.

If you buy a house, then your expenses will be minimal. If the property right has already been registered to the seller, the buyer only needs to pay 4,000 rubles to the Russian budget as a state duty. This fee must be paid before submitting documents to the registration authority.

When constructing a site yourself, the procedure becomes several times more complicated. Before construction, it is necessary to coordinate the project with the authorities. If the house was built without permission, then the costs of carrying out the procedure increase several times. It is necessary to pay for the services of independent appraisers who will check the constructed facility for compliance with all established standards. In addition, you cannot do without the help of a qualified lawyer. The cost of his services can exceed 20 thousand rubles.

When registering property rights within the framework of a dacha amnesty, you must pay for the following procedures:

Geodetic works.
Registration of a cadastral passport of real estate.
Work of government bodies.

The last point represents payment of the state fee in the established amount.

Which government agency handles this procedure?

Many people wonder: in what government agency apply to become the legal owner of the property? Let's try to answer this question.

The registration authority, that is, Rosreestr, is responsible for carrying out such operations. There are two divisions of this government body:

Cadastral Chamber.
Office of Rosreestr.

On this moment The process of transferring the powers to register property rights to the cadastral chamber is actively underway. It depends on this where exactly you need to submit documents.

The transfer of expanded powers to the cadastral chamber can significantly simplify many procedures related to the issue of property. Before submitting documents to the Rosreestr office, you need to find out whether such rights have been transferred to the cadastral chamber. This determines which department will be responsible for completing the paperwork.

The procedure for registering the right to a house requires certain knowledge and experience in the legal field. Before starting the process, you need to familiarize yourself with the basic information. More details about the registration procedure itself and the documents required for it can be found in the following video:

To summarize, we can say that such a procedure will not cause you serious problems, if you are savvy in this topic. If knowledge and experience are not enough, it is better to seek help from specialists.

The right of ownership gives its owner the ability to freely use, dispose of and own property. When building a house or buying it, you first need to pay attention to this procedure. IN otherwise your powers in relation to property will be significantly impaired.

Your own private home is the most popular acquisition of our time. This is exactly the kind of residential property one dreams of living in a large number of families.

Those who are lucky enough to purchase this property need to worry in advance not only about the purchase itself, but also about the construction work.

The procedure for registering housing rights is no less important. In this article we will consider how to correctly register ownership of a residential building, as well as what methods are available to obtain the necessary documentation for real estate, which is private property?

Legislative regulation of the issue

A residential building that is private property, according to the Town Planning Code of the Russian Federation, is personal real estate located on a plot of land, the purpose of which is to run a private household.

According to Article 130 of the Civil Code of the Russian Federation, private houses have legal status an object of real estate, the ownership rights to which are subject to registration in the manner prescribed by legislative acts.

Since the summer of 2006 in legal force a law came into force, which gives the right to owners of private buildings to register their real estate in a simplified form.

Since the spring of 2015, registration of property rights to real estate has been carried out in a simplified form in nearby branches of Rosreestr authorities. From this moment on, the Federal legislative document “On Amendments to Land Code RF and certain legislative acts of the RF" (No171-FZ "dated 06/23/2014). According to this legislative document, the procedure for registering land in accordance with the legislative act on the “Dacha Amnesty” is simplified and the deadline is extended until January 1, 2021.

Based on the Federal legislative document“On amendments to the Land Code of the Russian Federation on the issue of registration in a simplified form of the rights of citizens to separate real estate objects” (No93-FZ of June 30, 2006) makes it possible to register ownership of the land and buildings located on them. Validity legislative act– until 2016. After expiration, in order to register ownership rights, you must enlist the support of the authorities local authorities to put an individual construction project into operation or, if such a project is recognized as unfinished, to receive.

Preparation of documentation

In order to begin the process of registering a private homeownership, you should collect a list of necessary documents.

To register, you should contact the nearest branch of Rosreestr with the necessary package of documentation:

It is also necessary to prepare documents confirming the existence of the structure (declaration or technical passport for the existing structure). They are necessary in a situation where the building is located in locality. To obtain it, you need to contact, whose employees will arrive at the location of the building and take the necessary measurements, which will then be entered into the register. There is a fee for producing the document.

A simplified registration procedure is appropriate for residential buildings that are built on a plot of land that are provided for personal use for construction until October 30, 2001. If the plot was issued after the specified period, then your ownership will have to be proven in court. For this purpose, the entire list of listed documents is collected and submitted statement of claim to recognize the ownership of a residential building and apply to the court. After rendering judicial institution decision, you must contact the registration authority and, based on the court decision, a certificate of ownership is obtained.

The procedure for registering a house has a significant difference from registering ownership of an apartment:

Together with the house, ownership of the land plot on which the building is located is transferred, and the procedure for registering land ownership is described below;
during the transfer of ownership rights, all existing engineering communications that are connected to the property are described;
The documents describe the technical condition of the building elements.

The future owner has the right to demand a guarantee of the purity of the transaction. They are provided by the property owner.

Peculiarities of registration of country real estate

The process of registering country real estate on land, the registration procedure of which is carried out in a simplified form, will require a certain list of documentation:

Registration procedure dacha building includes several stages:

providing a list of documents;
assigning an address to a building;
in the building;
suitability for living in the house.

About the procedure for registering private houses and land plots watch the following video: