Registration of ownership of a land plot: is it necessary or not, how does it happen, list of documents, how to correctly draw up an application, deadlines for registration

The concept of state registration

A land plot, as an object of legal relations, is a part of the surface of the land, the boundaries of which are defined, described and properly certified. Ownership of a plot of land, as a piece of real estate, is a key real right to land. The right of ownership provides the owner with a full range of powers to own, use and dispose of land.

To exercise these powers, ownership of a land plot must be registered in the prescribed manner.

The Federal Law “On State Registration of Rights to Real Estate and Transactions with It” establishes that registration of rights is the commission by authorized bodies of a certain legal act (action) entailing legal consequences. In practice, this definition means that ownership of any real estate, including a land plot, arises from the moment of state registration of ownership of it.

The main features that distinguish state registration from other legally significant actions are:

1) registration by an authorized state body;
2) carrying out registration within the framework of the procedure (regulations), uniform for each subject of legal relations;
3) the mandatory nature of the consequences of registration of rights for all subjects;
4) the result of registration is a legal act of confirmation and certification of legal facts about the object of registration.

Grounds for state registration

Registration of rights to a land plot is carried out on the basis of a person’s application and documents submitted legally to the rights registration authority.

Current legislation provides for the following types of rights to land plots:

ownership;
right of permanent (unlimited) use;
right of lifelong inheritable ownership;
lease right;
right of free temporary use;
the right to limited use of someone else's land plot (easement).

The list of possible grounds on which state registration of land rights can be carried out includes:

acts of state or local authorities establishing the existence, emergence, transition, termination, restriction (encumbrance) of the right to a land plot;
contracts confirming the completion of civil transactions in relation to a plot of land (for example, purchase and sale, etc.);
notarial certificates of the right to inheritance;
court decisions that have entered into legal force;
acts on rights to a land plot, issued by authorized authorities in accordance with the legislation in force at the place of publication of such acts at the time of their publication;
boundary plan completed by a cadastral engineer based on the results of cadastral work;
other documents provided for by Federal Law No. 218.

Bodies authorized to carry out actions for state registration of rights

Since the procedure for registering rights is regulated by the state and is a unified system, the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” clearly defines the list of bodies authorized to carry out registration actions in relation to rights.

The system of such bodies was determined by Decree of the President of the Russian Federation dated March 9, 2004 No. 314 and amendments to Art. 9 of the Federal Law “On state registration of rights to real estate and transactions with it.”

At the moment, the body authorized to carry out the activities in question is the Federal Service for State Registration, Cadastre and Cartography, which is under the jurisdiction of the Ministry of Justice of the Russian Federation. This structure has an official shortened name - Rosreestr.

In each subject of the Russian Federation there are Territorial Directorates of Rosreestr.

Procedure for registration actions

The process of performing registration actions in relation to ownership of a land plot consists of several stages:

1) receiving from subjects the necessary documents for registration actions;
2) legal examination of a set of documents, checking their legality;
3) entering information into the Unified State Register in the form of appropriate entries;
4) issuing documents to subjects certifying the fact of registration.

The procedure for registering rights is considered completed from the moment information is entered (recorded) into the Unified Register of Rights and documents are issued to applicants.

The Federal Law “On State Registration of Rights to Real Estate and Transactions with It” establishes a list of mandatory documents provided by entities for state registration. This list includes:

1) application for registration (filled out by subjects when applying to the registration authorities);
2) documents confirming the powers of the subjects (passport, powers of attorney and other documents);
3) documents confirming the fact of the right of use; site plan;
4) a document confirming payment of the state duty.

Applicants submit these documents to the territorial body of Rosreestr at the location of the land plot, the ownership of which is subject to registration. Also, in each registration district, Multifunctional Service Centers (MFCs) have been created, which are authorized to receive and issue documents. However, MFCs do not have the authority to perform specific legally significant actions and do not perform the function of registering rights.

The cost of the service for registering ownership of a land plot is determined by tax legislation and currently amounts to 2 thousand rubles for citizens, and 22 thousand rubles for organizations and enterprises (Article 333.33 of the Tax Code of the Russian Federation). There are a number of exceptions to these rules established by the Tax Code of the Russian Federation:

1) during registration actions regarding the ownership rights of citizens to a land plot for personal, subsidiary, dacha farming, gardening, individual garage or housing construction, the applicant must pay 350 rubles;
2) in the case of registration actions in relation to an agricultural land plot, the applicant pays a fee in the amount of 350 rubles;
3) registration actions in relation to a share in the right of common shared ownership of an agricultural land plot will cost the applicant 100 rubles.
The total period for registration procedures in relation to ownership of a land plot is 18 calendar days.

Suspension and refusal of state registration

With regard to registration of ownership of a land plot, the grounds for suspension are:

1) receipt from the holder of the right or the subject of the legal relationship (transaction) of a corresponding written statement explaining the reasons and period of suspension;

2) in case of receipt from one of the subjects of an application for the return of a set of documents without carrying out registration procedures, if the second subject did not submit such an application;

3) the presence of an act of judicial authorities on suspension;

4) the presence of an act of authorized bodies on the seizure of the land plot or the establishment of a ban on performing certain actions with it;

5) whether the registrar has reasonable doubts about the existence of grounds for conducting registration procedures (documented by a procedural decision of the registrar).

The list of situations in which registration procedures may be refused is provided for in Art. 20 Federal Law “On state registration of rights to real estate and transactions with it”:

1) the right to the land plot for which the applicant applied for registration is not a right in respect of which registration procedures can be carried out;

2) invalidation of the act of the authorized state body on the basis of which the legal relationship of ownership arose;

3) the subject lacks the authority to dispose of ownership of the land plot;

4) failure by subjects to submit documents that are mandatory for registration procedures;

5) existing contradictions between the registered and previously registered rights to the land plot.

Author of the article

State registration of rights to land plots and transactions with them

See also paragraphs 3 and 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”

See also Letter of the Ministry of Economic Development of Russia dated April 4, 2017 N D23i-1881 “Concerning the state cadastral registration of part of the real estate property”

See also letter of the Ministry of Economic Development of Russia dated March 14, 2017 N OG-D23-2633 “On the procedure for state registration of rights to real estate”

State registration of rights to real estate is a legal act of recognition and confirmation of the emergence, change, transition, termination of a certain person’s right to real estate or restrictions on such a right and encumbrances of real estate (Article 1 of the Federal Law of July 13, 2015 N 218-FZ “On state registration of real estate").

More information about real estate.

Thus, state registration of rights to land and transactions with it is a legal act of recognition and confirmation by the state of the emergence, limitation (encumbrance), transfer or termination of rights to land plots (as real estate).

Legal basis for state registration of land rights:

Civil Code of the Russian Federation (Articles 130, 131, 164);
Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”;
Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” (lost force, only Article 31.1 is valid).

The following rights are subject to state registration:

ownership and other proprietary rights to real estate and transactions with it in accordance with Articles 130, 131, 132, 133.1 and 164 of the Civil Code of the Russian Federation;
restrictions on rights and encumbrances of real estate, in particular easement, mortgage, trust management, lease, rental of residential premises, arising, inter alia, on the basis of an agreement, or an act of a government body, or an act of a local government body - in cases established by federal law .

State registration of rights is carried out by entering into the Unified State Register of Real Estate (USRN) a record of the right to real estate, information about which is included in the Unified State Register of Real Estate.

State registration of rights in the Unified State Register of Real Estate is the only evidence of the existence of a registered right. The right to real estate registered in the Unified State Register of Real Estate can only be challenged in court.

State registration of the emergence or transfer of rights to real estate is certified by an extract from the Unified State Register of Real Estate. The form of the extract, the composition of the information included in it, as well as the requirements for its format in electronic form are determined in accordance with Article 62 of the Federal Law.

The completed state registration of contracts and other transactions is certified by making a special registration inscription on the document expressing the content of the transaction. In this case, a special registration inscription on a document expressing the content of the transaction and presented in the form of an electronic document is signed with an enhanced qualified electronic signature of the state registrar of rights. The form of the special registration inscription, the composition of the information included in it and the requirements for its completion, as well as the requirements for the format of the special registration inscription in electronic form are established by the regulatory authority.

Note about USRN

The Unified State Register of Real Estate is a set of reliable, systematized information (Article 1 of the Federal Law):

on real estate registered in accordance with the Federal Law,
about registered rights to such real estate, the grounds for their occurrence, right holders, as well as
other information established in accordance with the Federal Law.

The Unified State Register of Real Estate is a collection of reliable, systematized information in text form (semantic information) and graphic form (graphic information) and consists of:

register of real estate (hereinafter also referred to as the real estate cadastre);
register of rights, restrictions on rights and encumbrances of real estate (hereinafter also referred to as the register of rights to real estate);
register of information on the boundaries of zones with special conditions for the use of territories, territorial zones, territories of cultural heritage sites, specially protected natural areas, special economic zones, hunting grounds, territories of rapid socio-economic development, territorial development zones in the Russian Federation, gambling zones, forestries, forest parks, about the State border of the Russian Federation, borders between constituent entities of the Russian Federation, boundaries of municipalities, boundaries of settlements, coastlines (borders of water bodies), as well as information about land surveying projects (hereinafter also referred to as the register of borders);
register cases;
cadastral maps;
books of documents.

The following information is entered into the register of real estate rights:

about rights;
on restrictions on rights and encumbrances of real estate;
on transactions with real estate, if such transactions are subject to state registration;
additional information, the inclusion of which in the register of rights to real estate does not entail the transfer, termination, restrictions of rights and encumbrance of real estate objects.

Information about rights, restrictions on rights and encumbrances of the property, transactions with it, entered into the register of rights

The following information about rights, restrictions on rights and encumbrances of the property, and transactions with it is entered into the register of rights to real estate:

type of property right, registration number and date of state registration of the right;
information about the person for whom the right to the property is registered, records about previous copyright holders, as well as in relation to such persons who are individuals - the insurance number of an individual personal account in the compulsory pension insurance system, if such a number is assigned in the prescribed manner;
information on the basis for the emergence, change, transfer and termination of the right to the property;
type of registered restriction on the right or encumbrance of the property, registration number and date of state registration of such restriction or encumbrance;
information about persons in whose favor restrictions on the right or encumbrances of the property are established, as well as in relation to such persons who are individuals - the insurance number of an individual personal account in the compulsory pension insurance system, if such a number is assigned in the prescribed manner;
grounds for the emergence, change, termination of restrictions on the right or encumbrances of the property;
details, essential terms of the transaction or transactions.

The following additional information is entered into the register of real estate rights:

information about an objection to the registered right to a property of a person whose corresponding right was previously registered in the Unified State Register of Real Estate (hereinafter referred to as the previous copyright holder), about the existence of a legal dispute regarding the registered right to a real estate property, about the impossibility of state registration of the right without personal participation the copyright holder or his legal representative, on recognizing the copyright holder as incompetent or partially capable (hereinafter referred to as entries in the register of real estate rights);
information about the receipt of applications for state registration of rights, transactions with real estate, as well as the date of receipt of such applications;
information about family members of the owner of this residential premises living in the residential premises who are under guardianship or trusteeship, or about minor family members of the owner of this residential premises who are left without parental care;
information on the state registration of a transaction or state registration of rights on the basis of a transaction made without the consent of a third party, a body of a legal entity or a state body or local government body required by law in cases where such transactions are not void by force of law;
the size of the share in the right of common shared ownership of common property, including a land plot, of the owners of premises in a building, if the property is a premises in a building, the common property of which, in accordance with federal law, is in the common shared ownership of the owners of premises in such a building ;
the size of the share in the right of common shared ownership of the common property of the owners of rooms in a residential premises, if the property is a room;
email address and (or) postal address at which communication is carried out with the person whose right to the property is registered, as well as the person in whose favor the restriction of the right or encumbrance on the property is registered;
information about the decision to seize a land plot and (or) a property located on it for state or municipal needs;
information on the limitation of the turnover of a land plot in accordance with Article 11 of the Federal Law “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts Russian Federation";
on ways to ensure that the developer fulfills his obligations under the agreement for participation in shared construction, including: details of the guarantee agreement and the name of the guarantor or details of the insurance agreement and the name of the mutual insurance company of developers or insurance organization; validity period of the guarantee agreement or insurance agreement; the insured amount under the insurance contract or the amount (size) of the guarantee provided; the date of termination or termination of the insurance contract and (or) the date of termination of the guarantee upon receipt of relevant information from the insurance organization, the mutual insurance company of developers or the guarantor, which is a party to the relevant contract;
other information in cases provided for by federal law.

Grounds for state registration of rights to a land plot (Article 14 of the Federal Law):

State registration of rights is carried out on the basis of an application, with the exception of cases established by law, and documents received by the rights registration authority in the manner prescribed by law.

The grounds for state registration of rights to land plots are:

acts issued by state authorities or local self-government bodies within their competence and establishing the existence, emergence, transition, termination of a right or restriction of a right and encumbrance of a property;
contracts and other transactions in relation to real estate, concluded in accordance with the legislation in force at the location of the real estate at the time of the transaction;
certificates of inheritance;
judicial acts that have entered into legal force;
acts (certificates) of rights to real estate, issued by authorized government bodies in the manner established by the legislation in force at the place of issue of such acts at the time of their issue;
other documents provided for by federal law, as well as other documents that confirm the existence, emergence, transition, termination of a right or limitation of a right and encumbrance of a property in accordance with the legislation in force at the place and at the time of the emergence, termination, transfer of rights, limitation of rights and encumbrances on real estate;
the occurrence of circumstances specified in federal law.

State cadastral registration and state registration of rights are carried out simultaneously in connection with:

creation of a real estate object, except for cases where state cadastral registration is carried out on the basis of a permit to put a capital construction project into operation, provided by a government body, local government body or an authorized organization carrying out state management of the use of atomic energy and public management in the implementation of activities related to with the development, production, disposal of nuclear weapons and nuclear power plants for military purposes, in the manner prescribed by Article 19 of this Federal Law;
formation of a real estate property, except for the cases provided for in paragraphs 8 - 10 of part 5 of this article;
termination of the existence of a real estate property, the rights to which are registered in the Unified State Register of Real Estate;
the formation or termination of existence of a part of a real estate object, which is subject to restrictions on the rights and encumbrances of the corresponding real estate object, subject to state registration in accordance with the federal law, except for the case provided for in paragraph 11 of part 5 of this article.

State registration of rights without simultaneous state cadastral registration is carried out upon application:

a person whose right to a real estate object arises (except for the emergence of rights to a created or formed real estate object) or terminates - upon state registration of the emergence or termination of the corresponding right;
the legal holder of the property and (or) the person in whose favor the restriction of the right or encumbrance of the property is established -
when confirming the right to a property registered in the Unified State Register of Real Estate that arose before the day of entry into force of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”;
parties to the agreement - upon state registration of the agreement and (or) the right, restriction of the right or encumbrance of the property arising on the basis of such an agreement, unless otherwise established by this Federal Law;
a notary or his employee authorized in the manner established by the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 N 4462-I, during state registration of the right to a property arising on the basis of a notarized transaction or other notarial action performed by a notary, or upon application any party to a notarized transaction;
a representative of the persons specified in parts 1 - 3 of this article, if he has a notarized power of attorney;
an authorized body of state power, a local government body or an authorized legal entity or citizen - in the case of state registration of rights to a real estate property belonging to the Russian Federation, a constituent entity of the Russian Federation or a municipal entity;
bodies of the Union State or government bodies of the member states of the Union State, authorized in the manner established by an international treaty - in the case of state registration of rights to real estate owned by the Union State;
bailiff - in cases of rights arising on the basis of a judicial act or in cases provided for by Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”;
another person in the cases established by this Federal Law.

Application form for state registration of rights

The application for state registration of rights and the documents attached to it are submitted to the rights registration authority in the manner established by the regulatory body:

in the form of documents on paper - through a personal appeal to the rights registration authority, to an authorized person of the rights registration authority during an on-site reception, through a multifunctional center (hereinafter referred to as a personal application), by mail with a declared value when sent, a list of the contents and a notification of delivery (hereinafter referred to as postal item);
in the form of electronic documents and (or) electronic images of documents signed with an enhanced qualified electronic signature in accordance with the legislation of the Russian Federation - using public information and telecommunication networks, including the Internet, through a single portal of state and municipal services ( functions) (hereinafter referred to as a single portal) or the official website using a unified identification and authentication system (hereinafter also referred to as sending in electronic form).

The application for state registration of rights is accompanied by:

a document confirming the relevant powers of the applicant’s representative (if his representative submits the application);
documents that are the basis for state cadastral registration and (or) state registration of rights;
other documents provided for by this Federal Law and other regulatory legal acts adopted in accordance with it.

State registration of rights to land and transactions with it is carried out by territorial bodies of the Federal Service for State Registration, Cadastre and Cartography.

State registration of rights includes (Article 29 of the Federal Law):

acceptance of an application for state cadastral registration and (or) state registration of rights and documents attached to it;
return of documents attached to the application for state cadastral registration and (or) state registration of rights without consideration if there are grounds established by Article 25 of this Federal Law;
conducting a legal examination of documents submitted for state cadastral registration and (or) state registration of rights, to determine the presence or absence of grounds for suspending state registration of rights or for refusing state registration of rights;
entering into the Unified State Register of Information necessary for the state registration of rights, or a notification of suspension of state registration of rights if there are grounds, or a notification of refusal to carry out state cadastral registration and (or) state registration of rights if there are grounds established by this chapter, or a notification of termination of state registration of rights;
issuance of documents after state registration of rights, or after refusal to carry out state cadastral registration and (or) state registration of rights, or after termination of state cadastral registration and (or) state registration of rights.

Terms and date of state registration of rights

State cadastral registration and (or) state registration of rights are carried out within the following periods (regardless of the form of submission of documents), unless otherwise established by federal law:

seven working days from the date of receipt by the rights registration authority of the application for state registration of rights and the documents attached to it;
nine working days from the date of receipt at the multifunctional center for the provision of state and municipal services (hereinafter referred to as the multifunctional center) of the application for state registration of rights and the documents attached to it;
five working days from the date the registration authority accepted the application for state cadastral registration and the documents attached to it;
seven working days from the date of receipt by the multifunctional center of the application for state cadastral registration and the documents attached to it;
ten working days from the date of receipt by the rights registration authority of the application for state cadastral registration and state registration of rights and documents attached to it;
twelve working days from the date of receipt by the multifunctional center of the application for state cadastral registration and state registration of rights and documents attached to it;
five working days from the date of receipt by the rights registration authority of a judicial act that has entered into legal force, establishing the obligation to carry out state cadastral registration and (or) state registration of rights;
three working days from the date of receipt by the registration body of rights of a judicial act or an act of an authorized body on the seizure of real estate, or on the prohibition to perform certain actions with real estate, or on the election of bail as a preventive measure in accordance with the criminal procedural legislation of the Russian Federation or a judicial act or an act of an authorized body on the lifting of a seizure or ban, on the return of the pledge to the pledgor or on the conversion of the pledge to the state’s income;
three working days from the date of receipt or receipt by the registration authority of rights of an application for state registration of rights and documents attached to it on the basis of a notarized transaction, a certificate of inheritance, a certificate of ownership of a share in the common property of the spouses, and in case of receipt such applications and documents in electronic form - within one business day following the day of receipt of the relevant documents;
five working days from the date of receipt by the multifunctional center of the application for state registration of rights and the documents attached to it on the basis of a notarized transaction, a certificate of inheritance, a certificate of ownership of a share in the common property of the spouses;
five working days from the date of acceptance or receipt by the registration authority of the rights of the application for state registration of a mortgage of a residential premises and the documents attached to it;
seven working days from the date of receipt by the multifunctional center of the application for state registration of a residential mortgage and the documents attached to it.

The date of state registration of rights is the date of entry into the Unified State Register of Real Estate of an entry about the corresponding right, about the restriction of the right or the encumbrance of the property.
The implementation of state registration of rights is refused by decision of the state registrar of rights if, during the suspension period, the reasons preventing the implementation of state cadastral registration and (or) state registration of rights specified in Article 26 of the Federal Law are not eliminated.

1.3