How to complete a real estate transaction if the buyer is a legal entity

What needs to be registered?

The Civil Code establishes a list of objects for 2021 that are subject to mandatory registration. Legal entities can have any of them. This list includes:

• Earth;
• bosom;
• residential buildings;
• commercial premises;
• buildings and constructions;
• property complexes;
• forest areas;
• condominiums and other objects classified as real estate.

Legal a person may be limited in the size, quantity and value of the property at his disposal in cases where these indicators threaten public interests.

The responsibility for carrying out the property registration procedure rests directly with the owner who has the rights to dispose of it.

The following persons can register ownership of a real estate property:

• citizens of the Russian Federation, foreigners and stateless persons;
• legal entities of any organizational form, registered in Russia or abroad;
• municipalities and international organizations;
• Russian Federation and its constituent entities, other states.

Legal entities are included in the list of entities that have the ability to secure ownership rights. The place of registration of the person himself does not matter.

General information

What objects are subject to mandatory registration?

Civil legislation determines the list of property the right to which must be registered. It includes:

1. Land areas;
2. Subsoil area;
3. Property complexes;
4. Other objects interconnected with the ground, the movement of which is impossible without causing great damage;
5. Commercial and residential premises;
6. Buildings and constructions;
7. Forest areas;
8. Condominiums and more.

Registration of rights to real estate is carried out by the owners of such property and holders of other powers over it, if such a procedure is provided for by law. Such subjects may be:

• Russian citizens and stateless persons, foreigners;
• Legal entities registered in the Russian Federation and abroad;
• Russian Federation, its subjects, foreign states;
• Municipalities;
• International organizations.

State registration of rights is carried out by authorized services and their territorial divisions.

Subtleties in powers

The Civil Code of the Russian Federation establishes the following clarifications concerning legal entities (valid for all enterprises and organizations):

• legal the person is recognized as the sole owner who has all the powers;
• management and legal members persons may have shares in property if this is secured by the organizational form;
• property of the legal entity persons can recognize both property acquired and property received in the form of a contribution;
• legal a person can fully dispose of his property (within the limits of the law).

Commercial organizations can use their own property to withdraw their profits. A non-profit legal entity derives income solely for the implementation of its further activities.

Legal entities will not be able to register ownership of objects the use of which is available exclusively to the state.

What documents are needed to register an apartment in a new building or on the secondary housing market?

It is immediately worth noting that the list of papers may differ slightly, depending on the form of protecting the interests of clients. For example, good developers can offer a full range of real estate registration services, including the sale of fully “residential” apartments. In this case, the procedure for collecting documents is easier. Apartments in a new building can be “sold” under investment agreements, co-investment agreements, or within the framework of mortgage lending, then the listed documents must be attached to the overall package.

Prepare all the papers according to the list and be sure to make a sufficient number of copies. The following documents must be submitted:

• The title documents for this property are purchase and sale agreements, an act of acceptance and transfer of the property from the developer, or a recording of the transfer of ownership for other reasons. Originals and copies are provided (according to the total number of participants);
• The original technical passport - all the data in it must correspond to the actual ones, otherwise it will be impossible to go through the registration procedure without clarifying the circumstances and agreeing on all the information;
• Passport (not only a copy, but also the original) For state registration of real estate, the authorized person will need a notarized power of attorney from the person in whose name the purchase was made;
• A completed application form;
• Original and copy of receipt for payment of state duty;
• A certificate stating that there is no debt is obtained from the management company.

If the developer does not provide a list of documents for registration of real estate by a legal entity or individual, this may result in filing a lawsuit in court. The following contracts are considered the title documents for registering ownership of an apartment:

• purchase and sale;
• donations, formalized;
• exchanges.

They also include:

• A will (or rather, a certificate of inheritance;
• Installment agreement with the developer or bank;
• Court statement.

Additional restrictions may also be imposed by local governments, for example, when providing apartments to socially vulnerable categories of citizens. Where to register an apartment? There are several options for where to receive documents for state registration of property rights, but they do not differ in principle:

• Multifunctional - basic operations related not only to real estate are carried out here. An automated queuing system is an advantage, but this does not guarantee that you will not waste a lot of time when there is a large crowd of visitors.
• Contact directly the Rosreestr branch;
• Contacting Rosreestr via electronic forms on the registrar’s website.

Those who would like to receive legal support before purchasing an apartment, register the transfer of ownership of an apartment with difficulties, or simply save their time and energy, can safely contact the Star-Service Cadastre and Registration Center.

Registration procedure

The right to own property can be confirmed only by entering it into the Unified State Register. Carrying out such a procedure assigns the rights of the owner to the person. The acquired right can only be challenged in court.

When transferring property to another owner, several methods are used. For this reason, title deeds will vary. Usually they use a contract of sale, gift, inheritance, etc.

Registration stages

Federal Law No. 122-FZ “On state registration of rights to real estate” dated July 21, 1997 establishes the following procedure for registering property by legal entities:

1. Transfer of the prepared package of documents to one of the registration authorities. You can submit an appeal in person, through the State Services service, through the Rosreestr portal, and remotely by mail with an inventory of the contents.
2. Receiving a receipt for the acceptance of documents after employees of the registration authority have checked its completeness.
3. Conducting an examination to determine the legality and accessibility of the planned transaction.
4. Identifying the presence of discrepancies and inconsistencies between the declared and existing rights to the object subject to registration.
5. Entering real estate data into the Unified State Register of Real Estate.
6. Issuance of an extract to a legal entity if successful and refusal of registration if unsuccessful.

The collected documentation is submitted to one of the following authorities:

• branch of Rosreestr;
• The Federal Cadastral Chamber (FKP) is a structure subordinate to Rosreestr and has the appropriate authority to accept such documents;
• multifunctional center (MFC).

The entire procedure for registering real estate will not take more than 12 days

. Having received all the documents and completed registration, the legal entity acquires all rights to the property. As you can see, there is nothing complicated in registering property rights.

Since the data from the Unified State Register is publicly available, it can be used by fraudsters. In this regard, Rosreestr notifies the owner of all received applications for registration of transfer of ownership rights.

Required documents

When contacting the registration service, you must present the following set of documents:

• an application drawn up according to the established template;
• receipt of payment of the state duty - currently the amount of the duty is set by the Tax Code of the Russian Federation at the level of 15 thousand rubles. Payment is required;
• passport and power of attorney of the legal representative of the legal entity;
• confirmation of the legal capacity of the organization submitting the application;
• certificate of the presence of buildings on the land;
• permission to put real estate into operation;
• confirmation of rights to land for construction;
• building permit if the building was recently erected;
• data on sources of financing and documents confirming the absence of claims from other persons;
• cadastral and technical documents;
• certificate of assignment of a permanent address to the object.

If a complete package of documents has been provided, then there will be no delays.

Non-residential house

For non-residential real estate built on land, the intended purpose of which excludes individual housing construction, the state registration procedure requires the following list of documents:

The employee responsible for receiving documents may require additional papers depending on the situation. When submitting documents, he must issue a receipt for their receipt and set a date when he can come for the finished certificate of rights.

Registration without cadastral registration

Any information about real estate must be entered into the state cadastre (at the moment the procedure is combined with registration). This procedure cannot be neglected - without performing it, further registration actions will not be possible.

However, there are some exceptions. They are regulated by Federal Law N 221-FZ “On the State Real Estate Cadastre” dated July 24, 2007. The possibility of registration without entering information into the state cadastre is provided for cases when real estate, a record of which is already in the Unified State Register, is donated, sold, rented or receives an encumbrance.

Real estate can be registered directly with the cadastral register without registering the owner’s rights. This happens when an object ceases to exist, does not have an owner, or changes its key parameters.

Refusal of registration

In a certain list of situations, services may refuse legal services. person in carrying out registration actions. This list includes the following reasons:

• the information provided about the property turned out to be unreliable or deliberately false;
• the paperwork was completed in violation of the law;
• the submitted list of documents turned out to be incomplete;
• an employee of the registration authority reasonably doubts the authenticity of the documents;
• the property was seized for any transactions.

Any refusal can be appealed in court. In this case, you need to stock up on evidence of the illegality of the refusal received.

Last changes

Federal Law No. 218-FZ dated July 13, 2015 introduced the following changes to the property registration procedure:

1. The Unified State Register of Real Estate (USRN) was adopted, combining the real estate cadastre and the register of rights to it. Previously the structures were separated.
2. An extract from the Unified State Register is provided as confirmation of the registration procedure. Previously, a certificate of state registration or an extract from the Unified State Register was issued (until 2017).

If any problems arise, you should consult with an experienced attorney.

Land plot

The procedure for state registration of a land plot and registration of legal rights to it requires the submission of a list of the following documents for real estate:

• Application requesting state registration;
• The original and a copy of the land owner’s passport or a power of attorney issued by a notary, if a proxy acts instead;
• Receipt of payment of the state duty for the service to Rosreestr;
• Documents of title to the plot: deed of gift, purchase and sale agreement, inheritance, act of provision of territory by the municipality, certificate of title issued by local authorities, other papers;
• Cadastral plan of the territory;
• Land survey plan.

All documents are needed in two copies. If there are buildings on the land plot, it is also necessary to attach documents from the Technical Control Bureau certifying and describing this fact. Further, the procedure does not differ from the process of state registration of an apartment or house and has the same registration period.