How to register a preschool educational institution in Rosreestr?

The legislative framework

The relationship between the shareholder and the developer is regulated not only by Federal Law No. 214 “On participation in shared construction”, but also by Federal Law No. 2 “On the protection of consumer rights.”
According to Art. 16 Federal Law No. 2, the purchase of certain services and goods does not automatically force the purchase of other goods from the same seller. This means that the construction company does not have the right to impose a service for registering a child safety home. He can only offer it. The shareholder has every right to independently register with Rosreestr. To do this, you need to collect documents and submit them to Rosreestr or MFC. Here you will be given an application form and a receipt for payment of the state fee. The latter can be paid in advance.

Checking registration

Receiving a letter to the email address you provided does not mean that the equity participation agreement has passed state registration. Sometimes, as is often the case with public services, the system experiences disruptions. Therefore, it would be useful to check whether the electronic registration of the preschool educational institution was really successful.

You need to go to the official website of the Rosreestr department for information. You need to do a few simple steps:

• In the “Electronic Services” section you need to find the link “Online reference information on real estate”. By clicking on it, you will be taken to a special search form.
• You need to take the cadastral number of the property from the share participation agreement. Can be found in the “Subject” section of your DDU agreement. Or in appendices - in the project declaration for the object.
• If you have this information, add the address of the property and fill in other fields if such information is available. But you can get by with just one cadastral number
• When you click on search, a results window will open. It can be in the form of a table or a long list. All registered equity participation agreements will be displayed in the “Rights and Restrictions” column
• Look for your contract number

If you were able to find your contract, then everything is in order. If not, then you should wait 7 days from the moment of submitting documents for registration and issuing a certificate of registration and try again. If there is no information on this day, you should make an appointment with the Rosreestr office and find out in person why the contract was not registered.

Required package of documents

When applying to Rosreestr, it is important to submit the required documents the first time. If something is missing, the registrar has the right to suspend the procedure. And if the documents are not provided in full even after this, he may terminate registration activities and issue a refusal.

For shared construction, the following documents are submitted:

Conditions for registering ownership of an apartment under a shared participation agreement

After completion of construction work, the development company must perform a number of actions to ensure that buyers are able to register their rights to apartments purchased under an equity participation agreement:

• drawing up a protocol on the distribution of residential premises and commercial space (if the building contains shops, office or other non-residential premises);
• registration and receipt from the BTI of a technical passport for the constructed building, which indicates the number of floors and layout of the house, its total footage and the footage of each individual apartment and other premises;
• signing the acceptance certificate of the property and obtaining permission to put it into operation, issued by the relevant authority;
• registration of a residential building with Rosreestr;
• assigning him a postal address.

What if the first contract is registered?

If the register does not contain information about the object, and the first contract is submitted for registration, you will have to submit a fairly wide range of documents. This cannot be done without the participation of the developer.

To register you will need the following:

• Construction permit for a specific facility.
• Constituent documents, including the charter and details of the organization.
• Project declaration with amendments and signature of the General Director.
• A document confirming the contribution of funds to the shared real estate compensation fund.
• Confirmation of registration of the organization with the tax service.

In case of first registration, documents will have to be transferred through the developer. Subsequent DDUs can be drawn up according to a simplified scheme, which do not require the participation of a construction company.

The procedure for registering ownership of an apartment under a shared participation agreement

Ownership of housing acquired under a shared participation agreement can be registered in two ways :

1. entrust the registration of the developer company;
2. do the registration in person.

In the first case, this service is paid ; you will also need to pay at the notary’s office for the execution of a power of attorney in the name of the construction company’s lawyer. It is quite possible that the registration procedure will take much longer than if you contact the registration service yourself.

If the shareholder decides to engage in state registration of property rights on his own , then for this he needs to contact directly the Rosreestr or the MFC (multifunctional center).

The registration procedures are identical. Documents are accepted in the presence of all apartment owners and a representative of the construction company - the developer.

First, the registrar fills out an application for registration , which includes data identifying all owners of the property, the address of its location and technical characteristics, as well as a list of documents submitted for registration of property rights. After which the application is signed by the applicant or applicants, if there are several.

A separate application is also filled out by the seller of the property, in this case, the developer’s representative.

When accepting documents for registration of property rights, the registrar issues a receipt of their acceptance, which indicates the date of registration of the corresponding right. At the appointed time or at any other time after this date, the homeowners are returned their copy of the share participation agreement with the registration inscription and the apartment acceptance certificate.

From this moment on, the former shareholders become the full owners of the acquired property with the right to dispose of it and perform any non-illegal actions.

Why get your spouse's consent to the transaction?

If the DDU is concluded with an individual, clause 3 of Art. 35 of the Family Code of the Russian Federation. Since this transaction is subject to mandatory registration and requires serious expenses, the consent of the spouse is required. It cannot be drawn up in a simple form in the form of a statement. Consent must be certified by a notary .

If a developer enters into an agreement with a citizen without the consent of the spouse, the transaction may be considered void. This may result in it being challenged in court.

In a situation where a person is not married, he must provide a copy of his passport and a statement that he is not married. It is also certified through a notary.

Registration process

The essence of electronic registration of preschool education is to reduce the number of papers and actions required to obtain public services. Therefore, for registration you need the same documents that would be required in person to present to officials:

• DDU agreement
• Copy of your passport
• Project declarations and additional agreements to the DDU
• If necessary, notarized consent of the spouse to purchase an apartment

Rosreestr

In order to make an electronic registration of a preschool educational institution through the Rosreestr office, however, just like the registration of a secondary home, you need to obtain an enhanced digital signature. This can be done at a special certification center. You need to find such a center in your city - through the Yandex or Google search engines - and come to them with the original passport.

Payment for electronic signature services differs from region to region. The larger the city, the more expensive it is, but in small cities there may not be such centers at all:

• At the time of writing, the average cost of an enhanced electronic signature in Moscow is about 5 thousand rubles
• In St. Petersburg - about 4 thousand rubles.

To go through the registration algorithm with the Rosreestr department, you need to go to a special page for the provision of electronic services on the official website of the department. Then everything is quite simple:

• Submit an application through the website using a special form
• You must indicate the purpose of the appeal. In our case, this is “registration of property rights”
• Indicate the cadastral number of the object - take it in the “Subject of the agreement” section of your share participation agreement
• Fill in the form with information about the owner - developer or other legal entity that is conducting the transaction
• Indicate the method by which you want to receive documents after the service - in the case of electronic registration of a child-care center, this is an extract from the registration of a child-care center from the Unified State Register of Real Estate. You can come in person on the appointment day and receive a paper statement, or you can leave an email address.
• Then you attach scanned copies of all documents and carry out the signing procedure using an enhanced digital signature.

In this case, you will have to pay only 70% of the state fee for registering the contract - a 30% discount is provided to everyone who uses electronic government services.

If it weren’t for the cost of an electronic signature, which an individual often needs only once to conduct this particular transaction, then this registration option would be the most convenient and economical when registering remote control agreements. But, given that the signature is purchased only for a year, the difference is eaten up by the cost of the signature itself.

Sberbank

Electronic registration of preschool educational institutions through Sberbank has become a fairly popular service due to the interaction of the credit department and Rosreestr. This is only available if you decide to take out a mortgage on your apartment through this bank. Information about the possibility of registering an agreement without obtaining a mortgage loan could not be found in open sources.

There are several advantages for a mortgage borrower from a transaction through electronic registration:

• For the transaction, you need a share participation agreement, which will be prepared by the developer in the form of a bank and all you have to do is sign it.
• The registration period is much shorter - 5-7 days versus the standard fourteen
• If you are not married, then the algorithm of actions is quite simple - choose an apartment, notify the developer about the purchase, come to the bank to conclude an agreement.
• Sberbank reduces rates for mortgage borrowers who choose electronic transaction registration by 0.1% - information at the time of writing.

The disadvantage of such a deal is the rather high price. Yes, no one talks about an enhanced digital signature, but in essence you are renting it from the bank. At the time of writing this text, a credit institution offered to purchase an electronic registration service for 7 thousand rubles. Considering other additional fees when obtaining a mortgage loan (for example, compulsory insurance), this is a significant burden on the down payment.

True, the cost of the state duty is still included in this amount. After the documents are signed, the bank manager will take over the process. In a week you need to open your email and most likely there will be an extract about the registered equity participation agreement waiting for you there.

Electronic registration of preschool education through Sberbank, judging by the reviews, is a fairly popular service. At the same time, shareholders often do not even understand what exactly the managers in their branches are offering them. Remember that you can avoid spending 7-8 thousand rubles by independently registering a child-care center at the Rosreestr branch or the nearest MFC.

You do not have the right to force electronic registration of preschool education

Registration procedure

It is divided into several stages, which are as follows:

1. Preparation of a complete package of documents . The list may change depending on the situation - the presence of children among the owners, a mortgage loan.
2. Payment of state duty . This must be paid before submitting your application. Otherwise, documents will not be accepted for consideration.
3. Submitting an application with a package of documents . This can be done in several ways - through Rosreestr or MFC. In this case, it is important to have the presence of not only the shareholder, but also a representative from the developer. A receipt for receipt of documents is issued and a date is set when they can be picked up.
4. Documents receiving . Together with them, an extract from the Unified State Register is issued, which contains information about the unfinished construction project and the copyright holder.

Documents can be sent by mail or electronically. In the case of mail, notarized copies are sent. Documents can be submitted online on the Rosreestr or State Services website. An electronic digital signature is required for submission.

Advantages and disadvantages

Developers have accepted the possibility of registering real estate via the Internet positively. Electronic registration of preschool education began to save a lot of time. Thus, in Moscow, it used to take eight days to register an equity participation agreement. With the help of electronic registration, the period was reduced to five days.

Other advantages for developers:

• Elimination of the human factor - documents were no longer returned due to the incompetence of specialists or administrative problems
• Reduced costs for couriers and other delivery costs
• The fee for electronic registration has been reduced

Thus, electronic registration of preschool educational institutions has primarily become beneficial for the developer. And for those shareholders whose developers prefer to collect equity participation agreements in large quantities, sign them in the office, supplement them with the necessary documents from investors and register them immediately.

The key disadvantage for individuals was the high cost of the process. So, if you read the reviews of those who chose the electronic registration of a child-care facility, you can understand that the main complaints are the legislator’s requirements for obtaining a special electronic digital signature for a transaction. But this requirement changes everything.

In what cases is refusal possible?

It is important to take the preparation of documents seriously; registration may be refused if the following cases occur:

• Incorrect design.
• Inconsistency between the data in the application and documents.
• Transfer by a person who does not have the right to do so.
• Registered DDU at the specified address with another shareholder.

Note! The documents can be submitted by the developer or the shareholder. If the latter cannot be present in person, the application is submitted by a legal representative on the basis of a notarized power of attorney.

In this case, the applicant receives a reasoned refusal, which explains the reason. Once corrected, the documents can be resubmitted. If it is unlawful, the refusal can be appealed in court.

Thus, registering a DDU does not present any difficulties. But it is important to pay attention to preliminary preparation and collect the necessary documents. If you don’t have time to do the design personally, you can entrust this work to your representative or developer.

The video story will tell you how legal assistance is provided when registering a preschool education

State duty when registering ownership of an apartment under a shared participation agreement

The basic rule that every applicant needs to know when applying to the registration service is that the state fee is paid before submitting an application for registration of ownership of an apartment, otherwise the registrar will not accept the application with the remaining documents.

Only if the application is submitted electronically , the fee is paid after its submission, but before the documents are accepted for consideration.

The state duty is charged in accordance with the Tax Code of the Russian Federation. Its size is determined by Art. 333.33 of the Tax Code of the Russian Federation and for registering ownership of an apartment acquired by an individual under an agreement for participation in shared construction of a residential building is 2,000 rubles.

If there are several future owners, then the fee is divided between them in proportion to their share in the ownership of the apartment.

Example

The married couple P., their two adult children and the wife's mother, several years ago entered into an agreement for shared participation in the construction of an apartment building with the goal of subsequently purchasing a four-room apartment as common shared ownership of 1/5 share for each. After completing construction and putting the house into operation, the family decided to independently apply to Rosreestr to register ownership of the purchased property.

For performing this legal action, clause 22 of Art. 333.33 of the Tax Code of the Russian Federation provides for the payment of a state duty in the amount of 2000 rubles. Therefore, before submitting an application, each of the owners must pay the specified mandatory fee, in proportion to their share in the ownership of a four-room apartment, that is, 400 rubles.

pay the state duty at any banking institution, ATM, or in cash directly at the registering authority’s cash desk.