Article 25. State registration of ownership of the real estate object being created. Federal Law “On state registration of rights to real estate and transactions with it”

The Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law No. 218-FZ) was amended in 2021 by the Federal Law of July 3, 2016 No. 361-FZ. Most of the amended provisions of Law No. 218-FZ came into force at the beginning of 2021. In this article we will look at the most important, in our opinion, parts of this Law, since its provisions and new rules for registration of property rights and registration in the cadastre take into account the European experience of registration rights to real estate and are designed to improve the real estate accounting system in the Russian Federation.

In accordance with paragraph 1 of Art. 8.1 of the Civil Code of the Russian Federation, in cases provided for by law, rights establishing the ownership of the object of civil rights to a certain person, restrictions on such rights and encumbrances of property (rights to property) are subject to state registration, which is carried out in the manner established by the legislation of the Russian Federation. Currently, this procedure is established by Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (hereinafter referred to as Law No. 122-FZ). It is being replaced by the new Law No. 218-FZ.

Clause 3 of Art. 1 of Law No. 218-FZ defines the concept of state registration of rights to real estate as a legal act of recognition and confirmation of the emergence, change, transition, termination of the right of a certain person to real estate or restriction of such a right and encumbrance of real estate. This definition has not undergone any significant changes and is similar to what is contained in Art. 2 of the current Law No. 122-FZ. According to paragraph 5 of Art. 1 of Law No. 218-FZ, state registration of a right in the Unified State Register of Real Estate (USRN) is the only evidence of the existence of a registered right and can only be challenged in court.

Registration is carried out by a special federal executive body authorized by the Government of the Russian Federation - Rosreestr. It is he who maintains the state register and registers rights to real estate.

During state registration, the fact of the existence of real estate is recorded and its characteristics are given (for example, the type and type of real estate - house, land plot, etc., area, location address), information about who owns this real estate (full name of the citizen or the name of the legal entity, other data), and whether there are encumbrances (restrictions on the use, ownership and disposal of property), for example, as a result of a pledge or lease.

Is the unified register a good thing?

One of the main innovations was the formation of the Unified State Register of Real Estate by merging the databases of the Unified State Register of Rights to Real Estate and Transactions with It (USRE) and the State Real Estate Cadastre (GKN).
Until January 1, 2021, real estate turnover in the country was essentially subject to double regulation. Thus, registering an object with the State Property Committee required the provision of one set of documents, and the registration of rights to real estate of another. At the same time, a citizen or organization was forced to contact first the cadastral chamber, and then the Rosreestr department, and each of the organizations had its own requirements for documents, their execution, and its own deadline for completing registration actions, which forced them to participate in two lengthy procedures. The creation of a unified register will reduce both the time required to complete documents and lead to uniformity in requirements. So, briefly about the new.

Without reference to territory.

Documents will be accepted at any department of Rosreestr. Until January 1, 2021, the applicant had to contact the territorial authority corresponding to the location of the property. Now, if a citizen has purchased real estate in another city, he will not have to go there to register the right - he will only need to submit documents to the nearest branch in his city. You can also submit an application through the MFC.

Fewer documents from legal entities.

From January 1, 2021, legal entities are not required to submit constituent documents when registering rights, as was previously the case. Now Rosreestr employees will independently request the necessary documentation from the authorities responsible for state registration of legal entities.

Total term

registration of real estate in the cadastre and state registration of rights is reduced and will amount to, when submitting documents to Rosreestr:

5 working days - for cadastral registration; 10 working days - in case of simultaneous registration and state registration of rights; 7 working days - for state registration of rights.

If documents are submitted through the MFC, then the deadlines for cadastral registration and state registration of rights will increase by two working days.

The only case of refusal to accept documents has been identified

- if the identity of the applicant who directly applied for documents has not been established (for example, a passport or power of attorney for a representative of the organization has not been presented).

The list of grounds for returning an application and documents without consideration has been clarified.

In particular, these include:

discrepancy between the format of the application and documents submitted electronically and the established format; the presence in the application and documents presented in paper form of erasures, additions, strikeouts and other unspecified corrections, including those made in pencil, as well as the presence of damage that does not allow an unambiguous interpretation of their contents; absence of the applicant’s signature in the application for cadastral registration of the object or state registration of rights; if in the State Information System on state and municipal payments there is no information on the payment of the state duty and no document confirming its payment has been submitted; in the Unified State Register of Real Estate there is an entry about the impossibility of registering a transfer, restriction of rights and encumbrances of real estate without the personal participation of the owner or his legal representative.

Longer periods for suspension of state registration of rights have been established:

three months - by decision of the state registrar (except for certain grounds for which other suspension periods are provided); six months - at the initiative of the applicant, while Law No. 218-FZ clarifies that, upon application, suspension is possible only once.

Article 61. Procedure for correcting errors contained in the Unified State Register of Real Estate

1. A technical error (a clerical error, a typo, a grammatical or arithmetic error, or a similar error) made by the rights registration authority when entering information into the Unified State Register of Real Estate and resulting in a discrepancy between the information contained in the Unified State Register of Real Estate and the information contained in the documents on on the basis of which information was entered into the Unified State Register of Real Estate (hereinafter referred to as a technical error in the records), is corrected by decision of the state registrar of rights within three working days from the date of discovery of a technical error in the records or receipt from any interested party of an application to correct a technical error in the records or on the basis of a court decision that has entered into legal force to correct a technical error in the records. The rights registration authority, within three working days from the date of correction of the technical error in the records, notifies the relevant participants in the relations arising during the state registration of rights about the correction of the technical error in the records. Correction of a technical error in the records is carried out if such correction does not entail the termination, emergence, or transfer of the registered right to the property. If there are no grounds for correcting a technical error in the records or the impossibility of correcting it on the basis of an application from an interested person, the rights registration authority, no later than the business day following the day of expiration of the period established by this part, is obliged to refuse to correct the technical error in the records by sending a notice about this indicating reasons for refusal to a person who applied for correction of a technical error in the manner established in accordance with Part 5 of this article. A notice of refusal to correct a technical error in records may be appealed in court.

2. The procedure for submitting and the form of an application for correction of a technical error in records, as well as the requirements for the completion and format of an application for correction of a technical error in records in the form of an electronic document are established by the regulatory authority.

2.1. The application specified in Part 1 of this article can be submitted in the form of an electronic document through the use of a personal account without signing it with an enhanced qualified electronic signature of the applicant.

3. An error reproduced in the Unified State Register of Real Estate, contained in a boundary plan, technical plan, map-plan of the territory or a survey report, arising as a result of an error made by the person who performed cadastral work or complex cadastral work, or an error contained in documents sent or submitted to the registration authority of rights by other persons and (or) bodies in the order of interdepartmental information interaction, as well as in another order established by this Federal Law, or in the order established for the implementation of state cadastral registration before the entry into force of this Federal Law (hereinafter - registry error), is subject to correction by decision of the state registrar of rights within five working days from the date of receipt of documents, including in the order of interdepartmental information interaction, indicating the presence of registry errors and containing the information necessary to correct them, or on the basis of an entry into force court decision to correct a registry error (documents ensuring the execution of such a court decision). Correction of a registry error is carried out if such correction does not entail the termination, emergence, or transfer of the registered right to the property, in the following order:

1) carrying out state cadastral registration in connection with a change in a real estate property, if a registration error is contained in the documents submitted earlier with an application for simultaneously carrying out state cadastral registration and state registration of rights or with an application for carrying out state cadastral registration of the corresponding property;

2) entering into the Unified State Register of Real Estate information received in the manner of interdepartmental information interaction, if a registry error is contained in documents previously submitted in this manner;

3) entering information into the Unified State Register of Real Estate in a notification or other manner prescribed by federal law, if a registry error is contained in documents previously submitted in this manner.

4. In cases where correction of a technical error in records and a registry error may cause harm or violate the legitimate interests of copyright holders or third parties who relied on the relevant records contained in the Unified State Register of Real Estate, such correction is made only by court decision. The rights registration authority also has the right to apply to the court to correct a technical error in records or a registration error.

5. Notifications about the correction of a technical error in records and a registry error are sent by the rights registration authority to copyright holders within three working days from the date of making the relevant changes to the Unified State Register of Real Estate in the form and in the manner established by the regulatory authority.

6. The body for registration of rights upon detection of a registry error in the description of the location of the boundaries of land plots, municipalities, settlements, territorial zones, forest districts, the presence of which is, among other things, the reason for crossing the boundaries of land plots, boundaries of municipalities, settlements, territorial zones, forest districts with the boundaries of the land plot, makes a decision on the need to eliminate such an error, which must contain the date of discovery of such an error, its description with the justification for classifying the relevant information as erroneous, as well as an indication of the need to correct such an error. The rights registration authority, no later than the working day following the day this decision was made, forwards it to interested parties or to the relevant authorities to correct such an error. The procedure and methods for the registration authority to send this decision in the form of an electronic document using public information and telecommunication networks, including the Internet, including a single portal, are established by the regulatory authority. The court, at the request of any person or any body, including the rights registration authority, has the right to decide to correct such a registration error.

6.1. After three months from the date of sending to the authorities provided for in Part 6 of this article a decision on the need to eliminate a registry error in the information of the Unified State Register of Real Estate in the description of the location of the boundaries of municipalities, settlements, territorial zones, forestries, the rights registration authority makes changes to the information of the Unified State Register real estate on the location of the boundaries of municipalities, settlements, territorial zones, forestries in the manner established by Article 34 of this Federal Law.

7. After three months from the date of sending to the persons specified in part 6 of this article a decision on the need to eliminate a registry error in the information of the Unified State Register of Real Estate about the location of the boundaries of a land plot and if documents are not received on the basis of which the elimination of this registry error is ensured (application for state cadastral registration in connection with changes in the basic information about the property and the boundary plan), the rights registration authority makes changes to the information of the Unified State Register of Real Estate about the location of the boundaries and area of ​​such a land plot without the consent of its copyright holder, if the rights registration authority has the necessary documents for this, materials and compliance with the conditions established by this article. Based on the application of the owner of the land plot received by the registration authority before the expiration of the period specified in this part, this period is extended for the period specified in such application, but not more than three months. Changes in the Unified State Register of Real Estate information about the location of the boundaries of a land plot when correcting a registry error in the case specified in this part are carried out by the rights registration authority, taking into account the information contained in title documents, using a cartographic basis and (or) other documents (materials) in the manner established by the regulatory authority. In this case, the area of ​​the land plot after changing information about the location of the boundaries of the land plot in connection with the correction of a registry error in the case specified in this part may differ from the area of ​​the land plot, information about which is contained in the Unified State Register of Real Estate, by no more than five percent .

7.1. When correcting registry errors in the manner established by part 7 of this article, the rights registration authority, on the basis of existing and (or) additionally received documents and materials, also enters into the Unified State Register of Real Estate information about the location of boundaries (coordinates of characteristic points of boundaries) of adjacent and (or) non-adjacent land plots based on the information contained in the document confirming the right to the corresponding land plot, or in the absence of such a document - based on the information contained in the documents that determined the location of the boundaries of the land plot when it was formed, or in the absence of information about location of the boundaries of a land plot - based on the location of the boundaries of such a land plot that have existed on the ground for fifteen years or more and are fixed using natural objects or objects of artificial origin, allowing to establish the location of the boundaries of the land plot, and (or) the contours of buildings, structures, unfinished construction projects if the registration authority of rights has the necessary documents, materials and compliance with the conditions established by this article, as well as information on the area of ​​land plots in accordance with the established location of the boundaries of such land plots. In this case, the preparation of a boundary or technical plan of the relevant property is not carried out.

7.2. Entering into the Unified State Register of Real Estate the rights established by the registration authority, including as a result of correcting registry errors in the description of the location of the boundaries of land plots, information about the location of the boundaries and area of ​​the land plot, the location of buildings, structures, objects of unfinished construction on the land plot is not an obstacle to carrying out state cadastral registration of the relevant property on the basis of documents submitted to the rights registration authority by the owner of the specified land plot, building, structure, unfinished construction object after such body has entered information about the location of the boundaries of the land plot, the location of buildings, structures, unfinished construction objects on the land plot .

7.3. In order to exercise the powers of the rights registration authority provided for in Part 7.1 of this article, the federal state budgetary institution subordinate to the rights registration authority determines the coordinates of characteristic points of the boundaries of adjacent and (or) non-adjacent land plots, the area of ​​such land plots, and determines the coordinates of characteristic points of the contours of buildings and structures , objects of unfinished construction, and also, if necessary, the coordinates of characteristic points of the boundaries of municipalities, settlements, territorial zones, forest areas.

7.4. Requirements for the accuracy and methods of determining the coordinates of characteristic points of the boundaries of land plots, characteristic points of the contour of a building, structure or object of unfinished construction on a land plot when correcting registry errors in the description of the location of the boundaries of land plots, the location of a building, structure or object of unfinished construction on a land plot in the prescribed manner Part 7.1 of this article in cases are established by the regulatory body.

7.5. If the registration authority of rights in the information of the Unified State Register of Real Estate identifies a registry error associated with the use of a coordinate system different from the local coordinate system established for maintaining the Unified State Register of Real Estate in relation to the cadastral district (hereinafter referred to as a different coordinate system), the registration authority rights, if he has the parameters of the transition (keys) from another coordinate system to the local coordinate system, he has the right, without prior notice to interested parties, to recalculate the coordinates of characteristic points of all boundaries (including the boundaries of land plots, the contours of buildings, structures, unfinished construction objects and the boundaries of objects, information about which are included in the register of boundaries), information about the location of which is presented in the Unified State Register of Real Estate in a different coordinate system, in the local coordinate system and make changes to the information in the Unified State Register of Real Estate in terms of the location of such boundaries, and in relation to land plots also in terms their areas. The value of the area of ​​the land plot calculated in connection with such recalculation may differ from the original value of the area by no more than the amount of error in determining the area of ​​the land plot, information about which is included in the Unified State Register of Real Estate.

8. Within five working days from the date of correction of the registry error in the case specified in part 7 of this article, the rights registration authority is obliged to notify the right holder of the land plot about this in the manner and methods established by the regulatory authority.

9. Disputes arising in connection with the correction of a registry error in the case specified in part 7 of this article are considered in court.

Notary as registrar?

Innovations in Law No. 218-FZ, which entered into force on January 1, 2017, directly include notaries as participants in relations arising during the state registration of rights.
When carrying out state registration of rights to real estate on the basis of a notarized transaction, a certificate of the right to inheritance, a certificate of ownership of a share in the common property of spouses, the accuracy of the notarized document is checked by the state registrar of rights through a unified notary information system. A notary is one of the persons upon whose application state registration of rights to a real estate object is allowed without simultaneous state cadastral registration of such an object, but only in the case where such a right arose on the basis of a notarized transaction or other notarial action performed by a notary. The notary can send such documents by electronic mail, including in the form of electronic samples of documents signed with an enhanced qualified electronic signature. At the same time, you need to understand that when sending documents by a notary electronically, you will not be able to receive from him a document with a state registration mark, since as of July 15, 2021, certificates are no longer issued when registering real estate ownership in Russia.

General information about 218 Federal Law

The Federal Law “On State Registration of Real Estate” was adopted by the State Duma on July 3, 2015, and approved by the Federation Council a few days later. At the same time, amendments were made to the Federal Law on notaries. Details at the link:

Brief content of Federal Law 218:

• Chapter 1 - describes the general provisions of Federal Law 218;
• Chapter 2 - reveals the activities of the Unified State Register of Real Estate;
• Chapter 3 - describes methods of state cadastral registration of real estate and registration of rights to property;
• Chapter 4 - lists ways to enter information into the Unified State Register of Real Estate;
• Chapter 5 - describes the notification procedure on the basis of which information is entered into the Unified State Register of real estate;
• Chapter 6 - lists the features of registration of rights to real estate and certain types of rights to it;
• Chapter 7 - describes methods for correcting errors contained in the Unified State Register;
• Chapter 8 - lists the situations on the basis of which information from the Unified State Register of Real Estate is provided;
• Chapter 9 - describes the concept of a state registrar of rights;
• Chapter 10 - provides for liability for non-compliance with human rights or rules for registering rights to real estate;
• Chapter 11 - Lists the final provisions.

The latest changes to Federal Law 128 “On State Registration of Real Estate” were made on December 31, 2021.

Federal Law No. 129 in the latest edition. Read more here:

Duration of registration of ownership rights to real estate

Before deciding on the deadline for registering rights to real estate, you should analyze the stages of registration.

Stages of registration of rights to real estate:

1. Collection of documents and transfer them to the relevant authorities.
2. Expert assessment of provided papers. It is checked on the basis of Federal Law No. 218, the presence of disagreements between the declared and existing rights, as well as other reasons that may interfere with the exercise of state powers.
3. Transfer of documents to the applicant regarding registration of ownership of specific real estate.

Paragraph 3 of Article 13 of the Federal Law “On State Registration of Rights to Real Estate” includes:

• 10 days from the date of submission of documents for registration. Standard period, unless otherwise provided by law;
• 15 days - the time allowed for obtaining a mortgage for territories, non-residential properties and buildings;
• 5 days - time is provided to carry out activities to register the mortgage of a residential property;
• Registration of land territory is carried out within a time frame similar to the structures located on it.

You may be interested in: 178 Federal Law on the privatization of state and municipal property in the new edition here:

List of documents

List of documents for registering real estate under Federal Law 218:

• A written application for state registration;
• Passport or other document that identifies the applicant;
• Power of attorney, which is confirmed by a notary;
• Payment document confirming payment for state registration;
• Technical acts for real estate;
• Acceptance certificate stating that the property was put into operation as a residential property;
• Decree of the local government authority that the acceptance certificate is valid;
• A document evidencing ownership of the land territory;
• An agreement that specifies the shares under the right of common shared ownership;
• Other government documents (on request).

Where to go to register real estate?

After purchasing or inheriting real estate, it must be registered within six months. If any restrictions on the rights to real estate have arisen, it is also necessary to apply to clarify the circumstances within six months.

To register encumbrances or rights, you should contact a notary or the NJSC “State Corporation Government for Citizens”.

A registration service has appeared on the e-government portal. Now, if a transaction is registered with a notary, it can immediately be registered with a government agency online. The notary carries out all activities personally. A citizen of the Russian Federation will only need to pay for the service. Payment is made upon receipt of notification that registration has been completed successfully and a unique number has been assigned.

Who is responsible for what?

Of particular interest to citizens is the question of who is responsible for what when carrying out cadastral registration and state registration.
Responsibility for actions (inaction) during cadastral registration and state registration is distributed between Rosreestr, the state registrar and other persons. Thus, the state registrar is responsible for the discrepancy between the information entered into the Unified State Register of Real Estate and the information contained in the submitted documents (with the exception of data entered from other information resources), for unjustified suspension and refusal of cadastral registration or state registration of rights or evasion of their implementation.

Rosreestr is responsible for the improper execution of its powers, including the loss and distortion of information contained in the Unified State Register of Real Estate, the completeness and reliability of the information provided, and the illegal refusal of cadastral registration or state registration of rights established by a court decision that has entered into legal force. At the same time, there are cases when Rosreestr has the right of recourse against bodies and persons through whose fault violations were committed.

Also, innovations in Law No. 218-FZ clarify the conditions for payment of compensation for loss of the right to residential premises. Compensation for residential premises - the only one suitable for permanent residence - is paid once to the owner, who, for reasons beyond his control, does not have the right to claim it from a bona fide purchaser, as well as to the bona fide purchaser from whom it was claimed. According to Law No. 218-FZ, the condition for its payment is the impossibility of obtaining compensation from third parties established by a court decision that has entered into legal force, due to the termination of collection under an executive document, for example, in connection with making an entry on the exclusion of the debtor organization from the Unified State Register of Legal Entities. However, the provision of Law No. 218-FZ on compensation for loss of rights registered in the Unified State Register of Real Estate comes into force only on January 1, 2021.