Types of title documents for an apartment

Title documents for an apartment are those papers that confirm that the right to own real estate belongs to a certain person.

Their registration and issuance is handled by a special unit of the Ministry of Justice - the Registration Chamber.

The first document is a certificate of state registration of property rights.

The second document can be a contract, agreement, and so on.

Only if it is available, the Registration Chamber will issue a certificate and register ownership of the apartment.

Foundation documents and their varieties

The totality of all documents on the basis of which the state registrar records a transaction is called foundation documents.

Depending on the exact method in which the property was transferred into ownership, there are different documents.

For example, if this is a sale, then a purchase and sale agreement is required, if an exchange - an exchange agreement, if an inheritance - a certificate of the right to inherit by law or by will, and so on.

In total, experts identify more than 20 such documents, depending on the classification they use.

The procedure for registration and receipt of supporting documents is regulated by the law “On registration of rights to real estate and transactions with it”, the Civil Code of the Russian Federation, letters of the Ministry of Justice

and other acts.

Title documents for an apartment - what are they and what are they?

05.03.2011 | 7452

The head of the document preparation department of Housing Fund, Irina Meshalkina, answers.

If you are going to sell an apartment, you will need to provide title documents for it to complete the transaction. These are documents that serve as the basis for registering ownership of real estate. The main requirements for such documents are compliance with the legislation in force at the time the document was drawn up at the location of the real estate, as well as the presence in it of a description of the real estate, the copyright holder and the type of right to the real estate. Title documents can be divided into primary and secondary. Primary documents are those that confirm the emergence of the ownership rights of the first owner (or owners) of a given property. — Agreement on transfer of ownership (privatization agreement). This document is issued upon free transfer of housing into the ownership of citizens. This agreement contains information about the form of ownership (joint or shared), data of all owners, as well as coordinates / characteristics of the object. — Certificate of paid share. The document relates to cooperative apartments and is issued by the accounting department of the housing cooperative. The certificate indicates the legal and actual addresses of the housing cooperative. In addition to the signatures of the chairman and chief accountant, there must be a seal. — Investment agreement or equity participation agreement. This document is issued on the basis of investing money in the construction of an object. Upon completion of construction, the residential building is put into operation, all owners sign the Acceptance and Transfer Certificate and register their ownership. Secondary title documents. These include those issued as a result of the alienation of real estate that has entered into circulation. For example, you are the first owner (that is, you have privatized the apartment) and are selling real estate. After the alienation, ownership of this apartment accrues for the second time (to the new owners). — Contracts of purchase and sale, exchange, donation, division of shares. All of them can be in notarial or simple written form. All of the above agreements concluded after March 1, 1996 require the preparation of a transfer and acceptance certificate. This is a civil act that is signed by the former and new homeowner after handing over receipts, bills, utility bills, electricity, telephone and apartment keys. This usually happens at the time of submitting documents for state registration of the transaction. The transfer and acceptance certificate confirms that the parties have no claims against each other regarding the specified apartment. This document is an integral part of the transaction, evidence of full execution of the contract. — Certificate of the right to inheritance by law and by will. It is certified only through a notary to whom the given territory is assigned. You can find out which notary is assigned to your home at the notary office. - The court's decision. This document may also apply to the primary ones - in case of refusal of privatization through the City Housing Agency for any reason. You can check the authenticity of the decision with the secretary of the judge who made the decision. It is also advisable to find out whether there were other decisions in this case, whether a cassation appeal was filed to a higher authority. — Rent agreement (purchase and sale agreement with the right of lifelong maintenance and dependency). The rent agreement requires mandatory notarization. It is concluded between the annuity recipient and the annuity payer, in which the annuity payer undertakes to support the annuity recipient for life and provide proper care for him. The rent payer becomes the owner immediately, but can dispose of this property only in the event of the death of the rent recipient. The rent agreement may be terminated if the rent payer fails to fulfill its contractual obligations. All of the above documents must be registered with the registration authority. This could be the State Housing Administration, the BTI, notaries, or the institution of Justice - depending on the date of issue or signing of the title document. Zhilfond specialists must carefully check all documents before the transaction. If they do not meet the established requirements, this may be an obstacle to the transaction. # # # About the company: Real estate agency "Zhilfond" was created in 1997. The agency is a full member of the Russian Guild of Realtors, a member of the Novosibirsk Association of Realtors. Information from Housing Fund is used by the specialized press, business media, and city administration. Address: Novosibirsk, st. Frunze, 16. Phone (383) 201-00-01 www.jilfond.ru

Document preparation departments of the real estate agency "Zhilfond" st. Frunze, 16 tel., st. Vatutina, 16 tel.4

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State registration certificate

The presence of such a certificate makes it possible to obtain all other documents and conclude agreements for the maintenance of the apartment.

It can be issued at the Registration Chamber itself, at the registration center or at the multifunctional center for the provision of public services.

Obtaining a certificate is the final procedure for securing ownership of housing.

It is needed in any case, no matter how the apartment was received: as a result of purchase, receipt as a gift, by will, and so on.

State registration of rights

After one of the above title documents has been received as a result of a particular transaction, the applicant must appear at the territorial division of Rosreestr at the location of the property.

This is important to know: New law on shared ownership of an apartment in 2021

It must be taken into account that in Art. 15 Federal Law No. 218 dated July 13, 2015 “On State...” states that depending on whether a right is being registered or an agreement is being registered, it will depend on who needs to be contacted. For example, when registering an agreement, you need to contact its parties, but when registering a transfer of rights, only the person to whom it arises.

You will need to submit:

statement;
passport;
this document is the basis;
power of attorney (if a representative applies).

A receipt for payment of the duty collected in the manner provided for in Art. 333.33. Tax Code of the Russian Federation, it is not necessary to provide.

So, there are several types of title documents that confirm that the right arose, ceased or passed to another person. They must be submitted to the Registration Chamber for making the appropriate entry in the Unified State Register and issuing an updated extract from the register.

What should be on the certificate

A certificate is a document of strict accountability that has several levels of security.

Each copy has a number and series; if a duplicate is issued, this is necessarily recorded on the duplicate itself.

The certificate contains the following information:

details of the apartment owner, including information from the passport;
complete information about the apartment, including number of floors, area, etc.;
cadastral number of the dwelling;
type of title document on the basis of which the right is registered: agreement of sale and purchase, donation, privatization, and so on;
encumbrance (if present).

If the certificate is no longer valid (for example, the apartment has been sold or shares in the home have been redistributed), then it is stamped “cancelled” and it is returned to the previous owner.

Until 2000, certificates were not issued. If it is not there, then the previous owner does not need to register it.

The certificate will be issued to the new owner.

If you bought an apartment...

If the apartment was purchased, then the following documents will be required to obtain the certificate:

contract of sale;
act of acceptance and transfer;
cadastral passport of the apartment;
extracts from the house register.

If the apartment was in common shared ownership (usually these are communal apartments, so-called small families), then you will also need to provide a notarized refusal of the remaining owners to purchase the share.

The reason is simple: according to the law, they have an advantage when buying out a share, that is, they should first be given the opportunity to buy living space.

If the property was purchased during marriage, the seller will need the spouse's permission to sell, and the buyer will need to purchase the property.

The permit is issued by a notary.

If the transaction involves minors or capable citizens, then the list of documents must contain a resolution of the guardianship authorities authorizing the transaction.

You will also need to pay the state fee for registering property rights and provide the registrar with a copy of the receipt.

The documents will be ready within 2-3 weeks.

Foundation documents are documents that

File a complaint with the court in accordance with Article 13 of Federal Law dated July 21, 1997 122-FZ (as amended on December 19, 2020) "On the privatization of housing stock in the Russian Federation" Housing Code of the Russian Federation Article 53. Consequences of the transfer of residential premises in houses of the state real estate cadastre citizens is considered invalid in accordance with Federal Law of July 17, 1999 123-FZ "On state registration of rights to real estate and transactions with it" Article 17. Providing housing for maternity capital, the taxpayer is obliged to: 1) list the original payment documents specified in the article 229 of the Tax Code of the Russian Federation (hereinafter referred to as the MZhK (the last point refers to the fact that it is not registered within 3 days from the date of receipt of the temporary residence permit) or the tax rate supply agreement, 2) the tax base for all existing tax deductions on personal income in accordance with Article 196 of the Civil Code of the Russian Federation (hereinafter referred to as the Code) explains the following. In accordance with paragraph 2 of Art. 1101 of the Civil Code of the Russian Federation The heirs who accepted the inheritance are jointly and severally liable for the debts of the testator (Article 323. Control liability) of each of them (clause 4 of Article 42 of the Law of the Russian Federation dated 02/07/1992 2300-1 On the protection of consumer rights). According to Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” directly states that the Consumer, at his own choice, has the right to: demand a replacement or refuse to fulfill the sales contract and demand a refund of the amount paid for the goods. You can submit a Claim (2 copies), the main thing is that your copy is stamped, signed and signed; if it refuses to accept, you can send it by registered mail with notification and inventory. If they refuse or there is no response within 10 days after the application, then you can file an Application for Termination of the Contract (Claim) to the Court, no state duty is charged. For information: Quote: Article 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Compensation for moral damage Moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm, if any his guilt. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Article 151 of the Civil Code of the Russian Federation. General limitation period 1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code. 2. The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law of March 6, 2006 35-FZ “On Countering Terrorism.” Article 122. Referral is carried out in the manner prescribed by Part 2 of Article 454 of this Code. ..

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Hello! You can obtain a copy of the ruling from the court that issued the ruling. At the same time, for the alienation of property, neither a decision nor a determination is needed. Since the information is already available in the Unified State Register of Real Estate. Sincerely, lawyer S.P. Karasov Consultations in personal messages are paid. Chelyabinsk region, Bakal

Other cases

If the apartment was donated, then the registration authority must submit not a purchase and sale agreement, but a gift agreement.

The same applies to the situation if the apartment was transferred under an exchange agreement or assignment agreement.

In any case, you need to provide exactly the document thanks to which the person became the owner of the living space.

If the apartment has been inherited, you must attach a certificate of inheritance.

No other additional documents are needed - neither the permission of the spouse or other owners, nor the resolution of the guardianship authorities, nor the text of the will.

If the contracts are missing (lost or damaged), then it is enough to make an extract from the cadastral documents.

Difficulties arise if cadastral documents are not completed.

In this case, you need to apply for an extract from the household register and issue a cadastral passport at Rosreestr.

Sale, donation or exchange

In one of these actions, the buyer still has a purchase and sale agreement, a gift or exchange agreement at his disposal.

This is what needs to be submitted to Companies House.

It is important to ensure that contracts are drawn up in compliance with all requirements; it clearly follows from them:

what kind of apartment is being purchased;
on what terms;
who is the seller;
who is the buyer.

Before signing such an agreement, you must make sure that the transaction is clean and that the seller has no intention of deceiving the buyer.

Along with the contract, it is necessary to sign the acceptance certificate and also submit it to the registrars.

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Inheritance

An apartment can be inherited in two cases: by law and by will.

If the first case occurs, then you need to make sure that there are no other applicants for the apartment, and only then register your right.

The main document here is a certificate of inheritance.

It is issued by a notary 6 months after the death of the testator.

To obtain it, you must submit a will (if there is one) and a death certificate of the previous owner.

Privatization

In the case of privatization, the title document is an agreement on the free transfer of ownership of municipal housing to citizens.

The peak of privatization, of course, has already passed, but registration of such rights is not uncommon.

The agreement will contain information:

about the number of owners, their data;
property ownership mode (shared or common)
citizens who did not participate in privatization, but retained the right to live in an apartment.

List of documents confirming ownership

Title documents for residential space look different. It all depends on the method of obtaining an apartment.

The main document is the contract , which specifies the method of obtaining real estate. For example, when registering privatization for an apartment, the basis of ownership is the act of transfer of property by the municipality in favor of a private person.

Agreements of exchange, purchase and sale and donation are issued during the exchange, purchase, receipt of residential premises during the demolition of a building or as a gift. When registering them, it is necessary to check at the notary chamber the registration code in Rosregistration and all information about the lawyer. In addition, take the time to collect information about the previous owners of the property, and also find out its history.

State-issued documents are also confirmed and certified by a notary for donations , shared construction, receipt of inheritance and replacement of a demolished house.

But a annuity agreement is an agreement obliging the apartment owner to transfer ownership of the property to another individual in exchange for lifelong maintenance with dependents. Its main conditions are the subject and amount of rental payments. If they are not fulfilled, the contract is considered invalid.

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It is imperative to take into account the amount of monthly maintenance. According to the law, it cannot be less than two subsistence minimums. This arrangement is often considered as an alternative to an inheritance or gift to avoid paying taxes.

In addition, when registering papers for donation, inheritance or sale of an apartment, you will need a technical passport . Outwardly, it looks like a drawing or a detailed plan, which indicates the dimensions, number and location of rooms, and communication diagrams.

Another equally important document is the property certificate. They get it from the BTI or Rosreestr. It is issued only on a form with embossing and coat of arms.

Lifetime maintenance with dependents

In this case, the main document giving ownership rights will be an agreement, the essence of which is as follows.

The owner of the home transfers his apartment or house into the ownership of another person, in return he undertakes to maintain it for life.

Such an agreement is usually concluded by elderly people who cannot take care of themselves, with relatives or - which also happens - with their caregivers or just good acquaintances.

Dependency may also extend to a third party.

For example, a woman can transfer her living space to relatives if they undertake to support her elderly mother.

The key condition of such contracts is the amount of rental payments, that is, expenses for the resident.

The amount of monthly maintenance should not be less than 2 subsistence minimums.

It must be confirmed regularly using checks, receipts and other evidence.

Share building

If the future owner invested in construction (that is, participated in shared construction), then upon completion of the construction of the house and finishing of the apartments

he must be given one of the following documents:

Agreement for participation in shared construction . This agreement obliges the developer to complete construction on time, and the buyer to pay the full amount on time and accept the apartment.
Agreement on the assignment of rights of claim in shared construction. Such an agreement is concluded if the buyer has sold or transferred his share to a third party.
Investment agreement . Similar to a participation agreement, but the right to claim a share arises only after all contributions have been paid.

Each of these documents can be obtained from the developer at the conclusion of the transaction, that is, even before the completion of construction.

After the object is erected, the developer prepares a transfer and acceptance certificate, the signing of which indicates that the shareholder has accepted the apartment and taken possession.

Virt laser

The Seller and the Buyer enter into a contract.
The seller ships the goods.
The seller contacts his bank and submits a collection order along with transport documents.
The Seller's bank (remittor) sends the collection order and transport documents to the Buyer's bank (collecting bank).
The buyer receives documents from the collecting bank and takes possession of the goods.
The collecting bank debits funds from the Buyer's account in the amount of the payment.
The collecting bank makes a payment to the bank of the Seller (Beneficiary).
The Seller's bank credits the Beneficiary with its export proceeds.

When collecting funds on the basis of enforcement documents, the collection order must contain a reference to the date of issue of the enforcement document, its number, the number of the case on which the decision subject to enforcement was made, as well as the name of the body that made such a decision. If the enforcement fee is collected by a bailiff, the collection order must contain an indication of the collection of the enforcement fee, as well as a reference to the date and number of the enforcement document of the bailiff.

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The court's decision

If an apartment or a share in it was transferred into ownership by a court decision (for example, a dispute arose over an inheritance and the court divided it equally between all applicants), then the title document will be a court decision or, if the parties agreed during the meeting, a settlement agreement.

Such a document must be registered with Rosreestr.

If a buyer purchases an apartment that was given to the seller by a court decision, then he definitely needs to find out whether the court made other decisions regarding the apartment, for example, an appeal could be filed.

What are title documents

contracts of any types of alienation of property rights: purchase of real estate, its sale, donation, exchange, privatization;
acts of the working commission that record the completion of construction and commissioning of the facility;
notarized certificate of inheritance;
court decisions or approved settlement agreements that determine the real owner of the apartment, house and land;
papers confirming the absence of debts on payment of shares in GSK, DSK, and housing cooperatives.

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Title documents are as important for indicating the status of an object as a passport is for a citizen. Initially, this designation for these documents was applied in the “Law on State Registration of Rights,” article number 17. A list of documents that can be classified as such was also attached there.