State registration of rights to real estate. Evasion of state registration of transfer of rights.

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When becoming the owner of real estate, the new owner needs to register the fact of transfer of ownership. This need arises regardless of how the right was acquired: as a result of concluding a purchase and sale agreement, donation, inheritance of housing, a court decision, or in any other way. The procedure begins with the submission of an appropriate application to Rosreestr, on the basis of which changes will be made to the Unified State Register of Real Estate (USRN).

How to write an application for state registration of transfer of ownership

Mandatory state registration of the transfer of ownership in relation to real estate is enshrined in Art. 131 clause 1 of the Civil Code of the Russian Federation, and the procedure for its implementation by Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”. To carry out the procedure, the Ministry of Economic Development of the Russian Federation has developed a unified application form for state registration of the transfer of ownership, which is intended to be filled out by both individuals and legal entities. Its form, as well as the requirements for completion, were approved by Order No. 920 of December 8, 2015.

Contents of the document

An application for state registration is a kind of request and instruction to carry out registration actions and enter updated information into the Unified State Register of Real Estate. The document itself reflects the following information:

The type and characteristics of real estate (address, area, cadastral number) in relation to which certain actions must be taken.
Required registration actions (in this case, transfer of ownership).
Information about the copyright holder (if necessary, also his representative), including his SNILS and telephone number.
Grounds for the emergence of property rights
List of documents to be submitted and method of submission.
Method for receiving documents after completion of the procedure.
Applicant's signature with transcript.

The application is signed only in the presence of a specialist who will accept it. In this case, two or more persons can sign if the transfer of rights concerns common joint property.

Filling Features

When filling out the document, you need to consider the following features:

Possibility of submission in paper and electronic form. The latter option is only available with an enhanced electronic signature. In addition, you need to attach the necessary papers in PDF format (visually identical to the originals).
If you need to select information, the desired option is marked with a “V”.
When submitted in paper form, the serial number and total number of sheets are indicated on each sheet.
For all information provided, you must provide the documents on the basis of which the information was entered.
In detail 10 about the method of receiving documents, it is recommended to use the item “Also by email address”, regardless of the other options selected. In case of suspension or refusal of state registration, the applicant will be sent a corresponding notification to the specified e-mail. This will be much faster than visiting the registrar in person or waiting for an email notification, and it will be possible to quickly correct identified errors.
When submitting in person, detail 13 with a description of the attached documents may not be filled out, but it is important to make sure that it is reflected in the receipt, which is issued as confirmation of receipt of the papers.
A separate application is submitted for each property.
All information is entered in Russian; corrections and the use of correction fluid are not allowed.
To personally contact the registration authority, a citizen must have an identification document with him, and the representative must also have a notarized power of attorney.

Form and content of the application, rules for drawing up

The legislator provides for a unified application form approved by the Order of the Ministry of Economic Development of the Russian Federation in 2015. Submission of the document is carried out personally by the applicant; it can be transmitted via postal services or in electronic format.

The contents of the application include the following information:

Table of contents, including the name of the document, indicating its compliance with the requirements of the Ministry of Economic Development.
Personal data of the applicant (donor), including passport details, information about the place of registration (residence), contacts for feedback.
Information about ownership, as well as a request to transfer ownership rights to another person.
Personal information about the person to whom proprietary rights are transferred.
The applicant must request a receipt confirming acceptance of the application for consideration.
List of attached documentation.

When drawing up the document, you must take into account all legal requirements. Since the application has a unified form, the applicant will have to indicate in it only the data required by the content of the document. All information indicated in the document must be current and truthful. If errors, inaccuracies or false information are identified, the application will be rejected.

Sample application for transfer of ownership

In practice, a common option is for the application form to be issued on the spot. In addition, in Rosreestr authorities it is usually filled out by the employee himself based on the documents provided by the applicant. Even if you come with a ready-made copy, the specialist will enter the data into a specialized program, which will ultimately generate a similar document where the applicant needs to sign. In addition, entering information into the program is necessary to issue a receipt for acceptance of documents for state registration.

When sending by mail, you can use the sample application for transfer of ownership presented below to fill out. The main thing is to carefully enter the information, avoiding mistakes and corrections.

Application from the donor and the donee, sample and form Rosreestr

The official application form can be viewed on the Rosreestr website and obtained from a notary, realtor and other specialists related to the transaction. The application has a prescribed form, and it must be filled out taking into account all the recommendations of the legislator.

The donation application is completed in triplicate in writing. It is acceptable to write the contract by hand. When drawing up a document, you need to consider the following points:

documentary evidence of ownership rights to the donor;
written consent of the donee to transfer the property to his side;
confirmation of the absence of debts and encumbrances;
a medical certificate confirming the legal capacity of both parties;
an indication of who exactly will bear the costs of registering the deed of gift;
personal details of the parties to the transaction.

You can view and download the current application form on our website. ⇐

Attached documents

The package of attached documentation may differ depending on the specifics of the transaction and the status of its participants. In general, you will need:

Applicants' passports (original and copies) as confirmation of the identity of citizens who apply for the service.
The basis document for the transfer of ownership (donation agreement, purchase and sale agreement, certificate of inheritance, etc.).
Title documents for the object from the previous owner (seller, donor, testator, etc.).
Cadastral passport.
Insurance certificate of pension insurance (SNILS).
Receipt of payment of state duty (optional).

In addition, in some cases you must provide:

Notarized power of attorney (if the interests of the applicant are represented by a trusted person).
Consent of the second spouse to purchase/sell an apartment (if the object of the transaction is jointly acquired property).
Permission from the guardianship and trusteeship authorities (for transactions involving minor owners).
Waiver of the pre-emptive right to purchase (if the object of the transaction is a room in a communal apartment or a share in an apartment).

List of other documents and where to get the necessary certificates and forms

Before going to the Cadastral Chamber or MFC, the user must first prepare a package of accompanying documentation . The list of papers is standard in most cases and includes the following documents:

payment document certifying payment of the duty fee;
ID card of the donor and the recipient (passport). If guardians, trustees and other trusted persons are involved in the transaction, you will need to provide their personal information;
marriage certificate and marriage contract (if necessary);
an application for donation written by both parties to the process;
a gift agreement, drawn up and completed taking into account all legislative recommendations;
paper confirming the donor's ownership rights to the property (apartment purchase and sale agreement, privatization act, heir certificate, etc.);
a certificate from the housing office confirming that there are no debts for utilities;
data confirming the absence of any encumbrances on the premises. If there are any, in addition to completing the transaction, the written consent of a third party (creditor) or a paper confirming the removal of the encumbrance and its repayment will be required;
cadastral passport and cadastral valuation data.

As for the cadastral valuation data, this document is ordered from the BTI. There you can also get an extract about citizens registered in the living space. In addition, this paper is also issued at the passport office.

This is important to know: Application for the provision of land ownership without bidding

If the gift agreement is accompanied by any additional agreements, then they must be drawn up in accordance with the current requirements of the law and institutions that record additional agreements.

Sample gift agreement on the Rosreestr website

Donation of real estate is accompanied by the need to write a corresponding application.

Please note that an agreement in this format is optional for subsequent notarization. However, experts recommend affixing a notary visa, since in this situation it will be impossible to challenge it, and the recipient will protect his interests as much as possible.

The gift agreement is drawn up exclusively in writing, and when drawing it up, the requirements of Article 574 of the Civil Code of the Russian Federation should be taken into account.

The donation agreement form can be downloaded right here or obtained from a notary or realtor.

There is no such form on the official website of Rosreestr yet!

Procedure and rules for submitting an application

The transfer of ownership is registered on the basis of an application from the copyright holder, parties to the transaction or legal representatives. If such a need arises as a result of the alienation of real estate (under a purchase and sale agreement, gift, etc.), a request for state registration of this fact is submitted by both parties to the agreement. If you evade the procedure of one of them, the transfer of rights will be registered following the results of a trial initiated by the second party.

For children under 14 years of age, the applicant will be a legal representative (parent, guardian); for children aged 14-18 years, the applicant will be the minor himself, but in the presence of a legal representative.

If the form itself can be filled out in advance (although this is not necessary), then the signature should be placed only in the presence of an employee of the registration authority (Rosreestr, MFC).

The submission process includes several sequential stages:

Submission of the application, accompanying documents and their initial verification.
Check in Rosreestr for compliance of submitted papers with standards and norms, reliability of information and absence of errors.
Making changes to the USRN database (provided there are no violations).
Issuance of documentary evidence to the applicant - an extract from the Unified State Register.

The only basis for refusal immediately at the time of submission of the application will be the inability to establish the identity of the applicant, including his refusal to present the relevant document. In all other cases there are no grounds for refusal of admission. To confirm the fact of acceptance, a receipt is issued indicating the date when registration actions will be completed and the applicant will be able to receive documentary evidence and originals of the submitted papers.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

If any document is missing or errors are detected in the completion, registration will be suspended, and the applicant will be sent a corresponding notification with recommendations and acceptable deadlines for their implementation. If the required actions are not taken within the specified time, registration will be denied. In this case, the applicant retains the right to appeal the refusal in court.

Submission methods

Registration actions for the transfer of ownership are carried out by Rosreestr (Reg Chamber). You can submit an application to the registrar in one of the following ways:

Through MFC. In most cases, this is the only and most convenient way to apply. Due to the widespread availability of offices, you can choose the option that suits your location. At the same time, MFCs act as an intermediary between applicants and Rosreestr, which is the main disadvantage - the waiting period for registration increases by a couple of days due to the redirection of documentation to Rosreestr.
Through the territorial representative office of Rosreestr. This opportunity is available only in cities where MFC offices do not yet operate. To make an appointment, you can use a special service on the official Rosreestr portal.
Mailing. In this case, it is necessary to fulfill the following conditions: notarize the real estate transaction itself, as well as the authenticity of the applicant’s signature or a power of attorney to confirm the authority of the representative. The shipment should be sent by registered mail with a list of attachments, keeping the shipping receipt in order to have proof of sending certain papers.
Online. The official website of Rosreestr and the State Services portal provide the opportunity to submit an application for state registration of rights to real estate in electronic form. This option can only be used if you have an electronic digital signature.
Through a notary. For transactions that are subject to notarization (as required by law or on the personal initiative of the participants), a notary has the right to submit an application. Documents must be sent electronically directly on the day of contacting the notary, and if this is not possible, within 2 days in paper form. Thus, you can count on a shorter registration period, since the notary will check all the submitted information, which means that Rosreestr employees will have less work to do. In addition, from February 1, 2019, the service is provided at no additional charge, since its cost is included in the payment for the transaction certificate.
On-site service. The option is currently available only for disabled people of groups 1-2 and participants of the Second World War with the appropriate supporting certificates. order a free specialist visit by email, phone or personal visit to the territorial office of Rosreestr.

Deadlines

The timing of registration will depend on the method and to which body the application is submitted (Article 16 of Law No. FZ-219):

Submission conditions	Period of execution
Registration of transfer of rights in the general case	7 days
When carrying out additional cadastral registration	10 days
According to the mortgage agreement	5 days
Based on a notarized transaction, a certificate of the right to inheritance or a certificate of ownership of the spouse’s share in the common property	3 days (1 if submitted electronically)
Based on a judicial act	5 days

When submitting through the MFC, the deadlines will be increased by 2 days.

As soon as the extract from the Unified State Register is received, you should check the accuracy of the information reflected in it. Any inaccuracies or typos (for example, due to the carelessness of the registrar) may become a source of problems in the future, since the document will simply be invalid. If any deficiencies are discovered, you should , within 3 days after receiving the extract, send an application to Rosreestr (the form is presented in the above-mentioned Order of the Ministry of Economic Development No. 920) with a request to correct the errors and issue a new extract. If you fail to do so within the specified time frame, the problem will have to be resolved in court, which will require more time and financial investments.

How to write a claim correctly

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

When drawing up an application, you must follow the procedure for submitting information correctly. The absence of important information is grounds for returning the document to the applicant without consideration. To avoid mistakes in the process of writing a claim, use the help of a lawyer.

Sample document

The form and content of the claim are enshrined in Art. 131 Code of Civil Procedure of the Russian Federation. The document is drawn up according to the following structure:

Information about the court.
Plaintiff's details.
Information about the defendant.
Cost of claim.
Third party data (if they participate in the proceedings).
A detailed description of the situation, with the obligatory display of the disputed object.
Grounds for bringing forward claims.
Information about attempts to resolve the dispute out of court.
Evidence that the applicant is correct.
Links to laws and other regulations.
Requirement for recognition of ownership.
List of applications.
Date and signature.

Parties to the case

The parties to the process may be interested persons or their legal representatives. The plaintiff is the person whose rights were violated. This is a citizen who, for various reasons, cannot obtain a certificate from Rosreestr. If the plaintiff is unable to attend the hearings, his interests are represented by a proxy on the basis of a notarized power of attorney.

The defendant is the person who violated the rights of the plaintiff. We are talking about other citizens, legal entities. persons and government agency that refused to issue a certificate. In the latter case, the higher authority of the registration authority may be indicated as a third party.

Often the defendants are development companies that did not provide the buyer with papers for the apartment. In such situations, the third party may be the government agency that controlled the construction process of the facility.

Description of the subject of the dispute, arguments and requirements

In the process of drawing up an application, special attention should be paid to the description of the subject of the dispute or claim, as well as the plaintiff’s arguments. The information is presented sequentially, describing in detail the problems encountered by the applicant and the grounds for making demands. Colloquial language, obscene language and emotionally charged expressions are not allowed.

The essence of the dispute is described in detail. If this is an apartment, indicate the address, area, and registration information in Rosreestr. You also need to reflect what evidence you can present that you are right, including links to articles of law.

The petition part briefly states the requirements. A petition is written to register ownership of the object, indicating its address.

Application to the claim

The list of attachments is an integral part of the application, on the basis of which the plaintiff’s claims are formed. The list indicates the documents that are attached to the claim as evidence.

State duty and payment procedure

A mandatory condition for carrying out registration actions regarding rights to real estate is the payment of the state fee. Its size is approved by Art. 333.33 part 1 clause 22 of the Tax Code of the Russian Federation, depending on the status of the applicant:

2000 rub. – for an individual;
22000 rub. – for a legal entity.

When submitting documents electronically (for example, through the State Services portal) and paying the state fee by non-cash method, individuals can receive a 30% discount (Article 333.35, clause 4 of the Tax Code of the Russian Federation), that is, the amount will be 1,400 rubles. The preliminary discount will be valid until January 1, 2021.

The exception applies only to low-income citizens, who may be exempt from payment provided they provide documents confirming such status. There are no benefits for children.

The costs of paying the state duty are borne by the person to whom the right to the property is transferred. In this case, the total amount for each applicant will be adjusted under different conditions of the transaction:

If several persons apply, it is divided in equal shares among all applicants.
When registering a share in common property (for purchase and sale transactions, donation, exchange) - it is calculated in proportion to the size of the share.
When registering a share in common property (based on inheritance by law), it is paid in full.

Example. The apartment was purchased under a purchase and sale agreement, where the owners in equal shares will be two individuals. To register the fact of transfer of rights, everyone must pay a state fee in the amount of 1000 rubles. (2000 divided between two applicants).

Payment must be made no later than 5 days from the date of application. It is not necessary to provide a receipt (but it is still recommended to save it) (Article 18, paragraph 7 of Law No. 218-FZ), since the necessary information will be reflected in the State Information System on state and municipal payments. In the absence of such documents will be returned to the applicant without consideration.

In case of refusal to register the transfer of ownership after payment of the state duty, the latter is not subject to return (Article 333.40, paragraph 4 of the Tax Code of the Russian Federation). If you apply again for the same property, you will have to pay the fee again in full.

Registration of transfer of ownership is a mandatory procedure in order to confirm legal rights to real estate.
What additional documents need to be prepared in your case? Where is the best place to apply? Our website’s lawyers are ready to answer these and other questions during a free consultation. If necessary, specialists will supervise the procedure at all stages in order to take into account all the subtleties of a specific property and prevent the new owner from being deceived. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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