A document confirming ownership of an apartment in 2021: what is a title document

How does the law work now?

How it worked before: you had the registration of real estate rights in your hands.
With its help you confirmed ownership of real estate. Now, to carry out such transactions, you will need an extract from the Unified State Register. Everything has changed because

was accepted

Federal Law of July 3, 2021 N 360-FZ “On Amendments to Certain Legislative Acts of the Russian Federation.”

As it is now: If you are going to sell or buy real estate, you can order an extract from the Unified State Register of Real Estate. It will indicate the owners of the property, imposed encumbrances, arrests and convictions, as well as the characteristics of the property. You can receive it in paper and electronic form. In this case, the certificate was issued once and was considered for life. Now you can order an extract from the Unified State Register of Real Estate an unlimited number of times and show that the data on your property is up to date.

Fraud scheme: The certificate of registration of ownership of the property did not work well. The fraudster could find out available information on real estate from open sources and re-register the apartment in his name. In this case, you would not know that someone resold your living space. Now Rosreestra warns owners if fraudsters try to rewrite the rights to the apartment.

Important: The certificate and extract from the Unified State Register cannot fully confirm your right to own the property. To do this, before the transaction, it is better to present a title document: a purchase and sale agreement, a certificate of inheritance and a gift agreement, etc.

Title or title documentation for residential premises - what is it?

Let's consider what documents the apartment owner should have. The list includes:

legal information;
legal information;
registration certificate;
cadastral passport;
act of acceptance and transfer (at the conclusion of the transaction);
receipts for the transfer of funds (when making a transaction).

When contacting executive bodies, Rosreestr and other organizations, when concluding real estate transactions, or applying for loans, it is often necessary to submit title or title documents for residential premises. However, the law does not establish such a concept. Therefore, the owner needs to independently understand this issue. So, let’s take a closer look at what is meant by law-establishing and what by law-confirming.

The law establishes a list of data that determines the emergence, change and termination of the owner’s property rights in relation to the object. Real estate refers to property that is subject to state registration. Therefore, the rights to the object are confirmed by a number of documentation.

The owner's rights to real estate are confirmed by the following documents on the ownership of the apartment:

contract of sale;
privatization act;
barter agreement;
certificate of inheritance;
gift agreement;
social rental agreement and others.

The list of information is not final. The requirements for them are contained in Law No. 218 of 2015. Such documents establish the right to an apartment. When making a transaction, the original is required. If lost, the owner must restore it.

A legal document means an extract from the Unified State Register of Real Estate. It does not have legal force and is for informational purposes only. The extract confirms the following facts:

the citizen is the owner of the apartment;
the property is located at the following address;
the apartment has/does not have encumbrances;
object area.

Why do you need documents on ownership of an apartment in 2018? They will be needed to complete a real estate transaction, to draw up a will, to obtain a tax deduction for the purchase of an apartment, and for many other purposes.

List of required documents

To legalize a building, it is necessary to collect a package of documentation, which includes the following items.

Passport of the owner of the house or an authorized person who has a notarized power of attorney.
TIN.
Technical plan.
Cadastral passport.
Papers defining the right to a land plot.
Technical plan and cadastral passport of the site.
Receipt for payment of state duty.

Let's find out how to get all these documents. You should start collecting the documentation package with a technical plan and a cadastral passport. In order to receive these documents, the owner needs to write an application to the cadastral chamber and bring there papers confirming his rights to this house.

What can serve as proof of ownership of a house if there is no title to it? Any document that explains how the property was acquired. This could be a building permit, a purchase and sale agreement, a will, or a deed of gift.

The technical plan is drawn up by a cadastral engineer, who can be called from the technical inventory bureau. You can also contact private companies that are licensed by the state for this type of service.

After the technical documentation has been completed for the house, it is necessary to pay a state fee for the registration procedure. For individuals who have built a residential building on territory intended for individual residential construction, it is 2,000 rubles.

Cancellation of a certificate of state registration of property rights

However, this change does not mean that property owners will no longer be able to obtain any documentary evidence of their rights.

What documents will replace the certificate of ownership of the apartment, where and how can they be obtained, and will previously issued papers have to be changed? You will find answers to all questions in this article.

The cancellation of the certificate of state registration of property rights has raised many questions and doubts among citizens who own real estate: everyone wants to get more information about what is now being issued instead of a certificate of ownership.

However, in practice, everything is not so scary - legislators abolished the pink certificate (however, they stopped issuing them in the summer of 2015, replacing them with ordinary printouts on white paper), and introduced the so-called extract from the Unified State Register.

It could have been requested earlier as an additional certificate confirming the status of the owner when concluding transactions for the purchase or sale of a house, lending, etc. Since the moment the certificate of ownership of the apartment was cancelled, such an extract has become the only certificate with which the owner of the property can confirm his rights.

Cancellation of the issuance of certificates does not entail changes in the procedure for registering property. Therefore, when concluding agreements, sellers and buyers of apartments will have to perform exactly the same actions as before.

According to experts, such innovations will reduce the risk of transactions being carried out by fraudsters who easily forged documents or used old invalid forms.

An extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRP) is a certificate that confirms the fact that a certain citizen is the owner of an apartment or other premises. The extract is drawn up based on the data stored in the register.

It's better to leave a certificate. This is because if the scammers try to prove that they are the current owners, you will be able to present evidence. It does not lose its legal force and will protect your rights in court.

What document confirms ownership in 2021?

Until 2021, in the Russian Federation, a certificate of ownership was used as a title document. It was printed on strict reporting forms and was subject to replacement when performing any actions with real estate. The cost of replacement in 2015 was 5,000 rubles. for each copy. In 2021, the document was abolished.

Extracts from the Unified State Register were introduced as new title documents for the apartment.

In 2021, after the merger of the State Register of Rights and the State Cadastre of Real Estate, the document has undergone changes. In 2021, the legal document is an extract from the Unified State Register of Real Estate. This is a single document that contains all the information about the property. For example, a residential building, the plot on which it is located, a garage, a bathhouse.

The process of obtaining a document has been significantly simplified. It can be obtained both in paper and electronic form. The cost of the statement directly depends on the type chosen. A wide range of citizens are entitled to receive it.

This is convenient when buying an apartment. The buyer can independently request a document from Rosreestr and find out the necessary information. The extract must contain data on the number of owners of the property and details of title documents. By studying the data, a citizen can avoid a dubious transaction.

The extract contains information about orphans who are assigned living space, or about convicted family members who have rights to the property. The certificate of ownership did not perform so many functions.

Where to submit documents?

After the entire package of documentation has been collected, you can take them to the authorized body. The certificate of ownership of the house is issued by Rosreestr. However, for the convenience of citizens, you can obtain a certificate of registration of ownership at one of the multifunctional centers. The deadlines will increase by a couple of days, but you will be able to take a ticket and join the electronic queue instead of the real queue. In addition, an MFC employee will advise and help fill out an application.

More recently, when the owner submitted documents for a house, he received a paper certificate as confirmation of his rights. In 2020, the procedure changed, and now real estate data is simply entered into an electronic database. But the owner, if necessary, can order an extract confirming his rights.

An extract looks different from a certificate, but has the same legal force. For it you will need to pay a state fee in the amount of:

450 rubles - if a paper certificate is required;
250 rubles - when an extract in electronic format is required.

If the house is in shared ownership, each co-owner pays the fee in proportion to his share. In this case, there should be several receipts, according to the number of owners. Unlike shared ownership, with joint ownership the state duty can be paid by one person in his own name.

If documents are submitted by a parent or guardian of a minor child who does not yet have a passport, he pays the state fee on his own behalf. If the child is 14 years old and has already received a passport, his name is written on the receipt.

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After the data about the house is entered into the unified state register of real estate, the citizen becomes its rightful owner. Now he can dispose of his property as he wants: sell it, donate it or bequeath it to his heirs.

How to apply through the MFC branch

Multifunctional centers are essentially intermediaries between property owners and Rosreestr. The interaction of these structures occurs through interdepartmental connections. Due to the fact that the duties of MFC employees do not include registration of property rights, the period for providing the service may increase by several days.

The registration process through the MFC consists of the following stages:

The applicant submits a package of documents to the center’s single window.
An employee of the multifunctional center transfers documents to the Rosreestr branch. At this stage, the applicant's participation is not required. If the documents successfully pass the verification, the information is entered into the USRN database.
Receiving a package of documents at the MFC branch. After the ownership is registered, the owner is issued an extract from the Unified State Register of Real Estate.

Important: Multifunctional centers offer clients a convenient service - a receipt with an individual number. Using this document, you can monitor the status of your application at any time.

Grounds for refusal

Can a real estate owner be refused registration of his real estate? Unfortunately yes. The reason for refusal may be trivial errors when filling out the application. Therefore, in order not to waste time and effort, you need to double-check the entered data several times.

Another mistake that can occur simply from inattention or due to ignorance is incorrect payment of the state duty. The receipt must indicate the applicant's details; if another person pays, the check will be considered invalid. Even if the interests of the owner are represented by a trusted person, it is necessary to check whether the notarized power of attorney indicates that this person has the right to pay the state fee.

However, there are more serious grounds for refusal than simple inattention. Correcting such flaws is problematic, so they need to be prevented before construction begins. Let's consider these cases.

The owner of the building does not have title documents for the house. In other words, he used the land illegally. In this case, it is necessary to urgently deal with the registration of the land plot - enter into a lease agreement with the owner, buy it from the municipality, take advantage of the “dacha amnesty”, if there is such an opportunity.
The land on which the residential building is built is not intended for individual residential construction. In order to avoid such a problem, it is necessary to find out the intended purpose of the territory before construction begins.
The building cannot be recognized as residential - it does not meet sanitary and epidemiological standards, there are no communications necessary for life.
The construction violates established urban planning standards. For example, its number of floors exceeds the permitted three floors.
False information in the application or technical documentation. Some citizens accidentally or intentionally enter information about the building into the application that is not true.
No building permit. This problem can be solved, for example, by contacting a judicial authority.

The registration of ownership rights must be treated as carefully as possible. It is annoying when, due to inaccuracies in the application or inattention when collecting documentation, registration is denied and you have to go through the entire procedure again. Especially if the reason for refusal is more serious. Therefore, it is necessary to take care of whether it will be possible to register ownership of the property or not at the planning stage.

Title documents for housing in different years

Over the years, documents confirming the right to real estate took different forms. Photo No. 1

The development of the legislative and legal framework in the Russian Federation provoked various changes in issues related to the execution of certain documents.

Title papers were no exception, as a result of which only in 1998 Russian citizens received a unified register, which contains information about the extent and which specific person owns a certain type of property.

This government agency is called “USRP”, which stands for Unified State Register of Rights.

Since 1998, only information from the Unified State Register is fundamental in determining the right of a person to own certain real estate. A title document for a home is a paper that is drawn up and executed in accordance with all legislative norms based on information from the legal state register.

Based on when the right to real estate was acquired by a citizen of the Russian Federation, title documents have different formats and types. The main ones are:

certificate of registration of the right to housing from the BTI (if the right to property was obtained earlier than January 31, 1998);
certificate of ownership of housing (when obtaining property rights during the period of privatization of residential premises in the 90s);
certificate of state registration of rights (the main title document for real estate from February 1, 1998 to the present day).

A certificate of ownership of a home was issued by the Moscow government; just like a certificate from the BTI, it is a paper that can confirm the right to ownership of real estate by any person today.

Almost all citizens of the Russian Federation, regardless of the type of their title document for housing, are already included in the Unified State Register. Re-registration of old certificates of ownership is carried out through the state registry authorities.

Certificate of state registration of rights to real estate, sample 1998. Photo No. 2

The introduction of reforms in 1998 marked the emergence of a completely new title document for real estate. Starting from February 1, 1998, every citizen of the Russian Federation, upon receiving the right to own, for example, an apartment, was entered into the Unified State Register and received a new certificate of ownership of the home.

This document is called “Certificate of state registration of rights to real estate.” This paper refers to strict reporting documents. It has a fairly high level of protection, license plates and registration plates. The certificate is a valuable document, therefore all issues regarding its loss and storage must be resolved with a high degree of responsibility.

The Certificate of State Registration of Rights states:

last name, first name, patronymic, date of birth, place of residence and passport details of the owner of the home;
a complete list of information about real estate (location, occupied area, etc.);
license plate of a real estate property, which is recorded in a special state cadastre;
clarification by type of registration right;
the format of the previously submitted document to the state registration authority, which confirms the citizen’s right to property (privatization paper, donation or sale agreements, inheritance certificate, etc.);
If available, the type of encumbrance on the property and its time period are indicated.

This certificate is the main document of title among those for housing, so its receipt is mandatory when taking possession of real estate as an owner.

The procedure for preparing the paper is quite strict, since it is of particular importance and value.

The application of license plates, registration marks and other marks makes falsifying a certificate a practically impossible procedure, given that all information is also contained in the legal register of Russia.

What property documents are valid today? Photo No. 3

Despite the fact that some title documents for housing were issued before 1998 and have a different format, they are also valid at the moment. Regardless of what the paper certifying your right to own a home is represented by and when it was issued, it is still valid at the moment.

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Rosreestr - worked as a state registrar of rights. Head of the property department. I help solve problems that arise with real estate.

Ask a questionA certificate of ownership is one of the documents confirming the property right to real estate. At different times, that document had different names. Since the 60s, all information about property rights, about existing and newly built objects has flowed into a single body called BTI.

The document proving ownership of the object was the registration certificate. At different times, a technical passport was attached to the registration certificate, in which information about the owners was displayed on the first page.

In the event of a change of owner, the information in the passport was simply crossed out, and the new owner was written in with green paste.

Now there is no need to keep a paper document at home. All information is entered into a unified real estate register. If necessary, the notary or the authorities for the disposal of real estate will independently, through interdepartmental interaction, request all the required information.

As a result of the merger of the cadastre and the register of rights, at the request of a citizen, we receive a single extract containing information about the rights to the object and its technical characteristics. The same document indicates information about restrictions and the cadastral value.

However, it should be noted that many organizations work the old fashioned way, but do not have electronic access to the database of objects. In this case, the applicant must independently order the necessary document. Its cost is 300 rubles.

But you need to know that documents issued before the creation of a unified database, that is, old documents on paper, are recognized by law as valid and are used in transactions.

What does a certificate of ownership of an apartment look like?

A certificate of ownership confirming the registration of rights to real estate has been issued by the relevant authorities since the beginning of 1998. It included the following data:

date of issue of paper;
title document that became the reason for registration;
personal information of the copyright holder;
type of law;
cadastral number;
address and technical characteristics of housing;
encumbrances and restrictions on rights;
number of entry in the Unified State Register and date of entry into the list.

According to changes in regulations that came into force on July 15, 2021, a document confirming ownership of real estate has ceased to be issued. Despite this, this innovation does not mean that the owner will not have to worry about documenting such a right for his apartment. In this regard, many questions arise regarding what package of papers will have to be collected when concluding any agreements relating to transactions with property, including purchase and sale.

After the cancellation of the state registration certificate, citizens faced with resolving issues related to property rights had many doubts regarding the legality of transactions. Each of them is trying to find more detailed explanations of the current situation with the abolition of the need to issue a certificate of ownership of the property.

Most people who fall into this category tend to believe that after the innovations came into force, the process of concluding real estate transactions has become significantly more complicated. This is due to the requirements for obtaining additional certificates and papers. However, if you look closely, you can come to the conclusion that in many ways this is not the case.

The essence of innovation

According to accepted standards, certificates confirming the right to own real estate have indeed ceased to be issued. However, instead, the owner receives a regular printed document on ownership of the apartment. An extract from the Unified State Register was also introduced, which could previously be requested as an additional certificate.

This was carried out in order to confirm the status of the owner during the conclusion of real estate purchase and sale transactions. After the cancellation of the registration certificate of an apartment or house, the submitted certificate became the only document with which the property owner has the opportunity to confirm his rights to housing.

Expert opinions

Experts come to the conclusion that the presented innovations will make it possible to reduce the risk of transactions by fraudsters who easily forge documents or use old invalid forms. For those citizens who did not know what the document looked like, this was a real problem.

Extracts from the Unified State Register (USRE) are certificates confirming that an individual is the owner of a house or apartment. They are compiled on the basis of data stored in the register. To order papers and clarify the list of documents required for issuance, you need to visit the Rosreestr website. There is also information about the cost of the service.

Perhaps many of us have already encountered the problem of legal ownership of any property. And the point here is not at all that such property was acquired illegally. And the question is how legal the title documents are today.

Having a title deed in hand can be confusing to the property owner. Why? The answer is simple - there are a very large number of such documents. Let's try to list some of them.

For example, when buying an apartment, the owner receives a purchase and sale document.

If the property was inherited, then in this case the document on the right of ownership becomes a document on the right to inheritance.

Title documents can also be agreements of donation, exchange, receipt of housing by court decision, acquisition of an apartment by agreement or exchange, privatization of housing, participation in shared construction.

Many lawyers draw clients' attention to caution and care when concluding annuity agreements.

Such agreements are concluded if the recipient of the annuity (pensioner, disabled person, elderly single person) agrees to the transfer of ownership of the apartment, agreeing to a deal on the lifelong maintenance of a dependent.

But here a lot depends on the “mood” of the annuity recipient. There are many cases when lawsuits arise for the termination of such contracts on various grounds.

Now it has become clear how great the variety of documents certifying ownership is. But in order to become the owner of an apartment, one title document is no longer enough. The notary must have a legal document in his hands.

Such a document is: an act filled out on a state form, with all degrees of protection, that confirms ownership, if this is confirmed by an entry in the Unified State Register of Rights (USRE). This legal order came into force in 1998.

Starting from this moment and taking into account when the apartment was transferred into ownership (if there is an entry in the register of rights), the following list of documents must be present:

Registration certificate from BTI. It is a functioning title deed in cases where the ownership of the living space established before 01/31/1998 is confirmed.
Proof of home ownership. It was issued when registering residential premises as personal property in the 90s.

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About title documents for an apartment

Let's look at what the document on ownership of an apartment looks like. When transferring ownership rights to another person, the process must be documented. In accordance with the provisions of the Civil Code, real estate transactions are formalized in writing. Therefore, if there was a bilateral transaction, then an agreement must be concluded. Common real estate transactions are:

purchase and sale;
exchange;
donation.

In addition, in 2021, the government decided to extend the law on privatization (free purchase) for an indefinite period. Therefore, the privatization act remains one of the popular title documents. You can privatize an apartment that is in municipal or state ownership.

Another document for apartment ownership is a certificate of inheritance. The document is issued by a notary on the basis of the owner's will. Thus, the transfer of rights from the deceased owner to the recipients of his inheritance is formalized.

If ownership was established in court, then a court decision is used as a title document.

Housing may have several owners if the property is designed as follows:

into shared ownership (each owner has the right to a certain share in the apartment);
into joint property (property of the spouses purchased during the marriage).

In this case, each of the owners has a title document.

Documents of ownership of real estate

Few people know that the certificates establishing ownership of the property were canceled in July 2021. More precisely, the documents have not lost their legal force, they are simply no longer issued by Rosreestr. You can simply get an extract.

For those who own real estate or who are planning to purchase it in the near future, it will be useful to familiarize themselves with changes in legislation in this area.

The main piece of paper that can confirm that you are the owner of real estate is a certificate of registration of rights issued by Rosreestr.

From the latest version of the certificate form (since the type changed with changes in legislation), it was possible to find out which documents confirming the ownership of real estate were provided to the registering institution.

The title documents will be discussed further in the text, since the Certificate of Ownership of Real Estate has now been cancelled. This happened as a result of changes in Russian legislation in July 2021. However, it is necessary to know the role of this document (even if it is already in the past):

confirmation that the owner is the person whose name appears on the certificate (or several people) and this is recorded in the unified register;
It is impossible to carry out any actions with real estate without confirmation of rights to this. That is, previously, without having a certificate of ownership in hand, it was impossible to buy/sell, exchange, donate, or inherit an apartment and/or land plot;
protection against various types of fraudulent actions aimed at depriving the owner of his property.

At the same time, it is necessary to understand the difference between the concepts of “owning real estate” and “owning real estate.” In the first case, you can only use the property (for example, live in an apartment). Registration of property rights also makes it possible to dispose of your real estate (for example, sell or donate).

On July 15, 2021, a new law came into force, according to which the issuance of certificates of ownership ceased.

This does not mean that this right does not need to be registered. No, the procedure for registering ownership of real estate has remained virtually unchanged. You simply need to confirm property registered after this date with an extract taken from Companies House. Positive sides

Of course, those who have previously received real estate papers in their hands will still have them. The document does not change its legal force. It’s just that the extract has a number of advantages that allow you to secure real estate transactions:

this document reflects more information about the property of interest;
the extracts reflect the most current information (the certificate is received once and the information specified in it is not updated during the entire time the property is in the ownership of citizens);
there is no need to come to the office in person, you can order a document via computer and get acquainted with all the information by receiving it by email;
short period of time to obtain information about the property;
the possibility of falsifying documents is excluded, since they are stored only in electronic form (although skilled hackers cannot be ruled out) - an extract provided in paper form can be checked by the interested party even without the participation of the owner himself;
an extract is the only document of title that can confirm the rights of the owner;
an extract is received for the first time without paying a state fee;
The “price” of the document for subsequent applications is slightly reduced (individuals will pay 200 rubles instead of 350, legal entities will pay 600 rubles instead of 1000).

It must be repeated that previously issued certificates are not cancelled, they simply can no longer be obtained or restored (if lost/damaged).

But the innovation was not without its negative aspects. There are several main shortcomings in the adopted law:

The system for obtaining an extract by citizens is not fully streamlined - in our capital, such a document can only be purchased in multifunctional centers, and in order to receive an extract with stamps and signatures from the authorized body, you will have to wait at least five days;
for each real estate transaction (rent, donation, purchase and sale, etc.) you will need to take a new statement;
the electronic registration system based on Rosreestr has not been installed or tested anywhere before, its reliability has not been checked, so the final result is not known;
Not everyone can master using a computer, especially people of retirement age. For them, understanding electronic document management is quite difficult, so the innovation may not take root in a certain social environment.

Let's give an example of a positive property. Let's say a certain Kungurtsev V.A. sells a one-room apartment and provides the potential buyer only with a certificate of title to it. Buyer Zdvintseva K.V. I decided to play it safe and read the extract (since the certificate was received more than four years ago).

It turned out that this apartment was under arrest (pledged, etc.). That is, she is burdened with debt obligations, including the division of property during a divorce and/or alimony debts. So, for buyers, the benefits of receiving an extract in this case are obvious.

Legal basis

But before applying for an extract from the unified register, ownership must be registered. What title and other documents must be submitted to Rosreestr:

agreements confirming the fact of donation, purchase and sale, exchange, rent, etc.;
duly registered certificate of registration;
a certificate from a notary confirming the right to receive an inheritance;
documents from the State Insurance Company or Housing Insurance Company confirming that the established amount of the share has been paid in full;
a will on the basis of which real estate is inherited (also from a notary);
documents for equity participation, etc.

Don't forget about your identification documents. In each case, employees will tell you what papers they need to bring to register ownership and in what order they should be completed and/or certified.

After registration, you should immediately take a free extract to make sure that the property was actually re-registered and that no errors were made in the process. The “statement” system is under development and in the process of implementation. Changes will be gradually introduced to improve its functioning.

How and where to get it?

Having figured out what document confirms ownership of the apartment, you need to determine how to get it. Information on rights to real estate, including apartments, is available in Rosreestr.

You can request an extract in the following ways:

through Rosreestr;
through the electronic service of Rosreestr;
through the MFC;
through State Services.

Contacting Rosreestr is possible both in person and by letter. The citizen fills out an application for an extract, pays the fee and presents his passport. If you contact the authorized body directly, an extract will be issued within 1 day. When applying by mail, you must also take into account the time it takes to send the document.

If the applicant requires an electronic version of the statement, it is sent to the email address specified in the application. The cost of this option is much lower, but it is not suitable for submission to official bodies.

When applying through the MFC, the statement is prepared within 5 days. To do this, you must come to the center in person. The operator will prepare an application form. The citizen only has to sign. When applying, you do not need to provide documents for the apartment.

Payment of the fee is possible directly at the MFC. Payment terminals have been installed for this purpose. Providing a receipt is not required. Payment information is sent directly to the authorized body. If the funds were not deposited on time, the application is returned to the citizen.

When applying through State Services, the service automatically redirects to the Rosreestr website. However, when paying the duty on the electronic portal, the price is reduced by 30%.

The fee for obtaining an extract in 2021 is:

electronic version – 300 rubles;
paper copy – 750 rub.

The statement has no set expiration date. However, when contacting government agencies, it is considered valid for 1 year. When receiving an extract for someone else’s property, it is advisable to obtain a current copy, even if the owner presents an extract received more than 1 month ago.