There is no information in Rosreestr about apartment owners (needed for OSS)
I am the initiator of an extraordinary meeting of owners of apartment buildings.
I received a list of premises owners from Rosreestr, but it is missing two apartments.
Does this mean that the ownership rights to these apartments have not been formalized?
How should I indicate these apartments in the protocol or not indicate them at all?
Do the owners of these apartments (if they suddenly have some kind of shared participation agreement or something like that, not registered in the registry) have the right to take part in the OSS?
The house is relatively new (5 years old).
How to count the votes of the owners, taking into account the fact that the total area of the premises is unknown?
Answers from lawyers (2)
All apartments must be indicated in the minutes of the general meeting. however, indicate that there is no information about the owners of these apartments according to the extract from the unified register of rights to property and transactions with it. This extract will also need to be attached to the protocol. The meeting must be held in accordance with the requirements established by Chapter 6 of the Housing Code of the Russian Federation.
The apartment purchase and sale agreement comes into force when signed by both parties. Thus, they expressed their will and thus the deal took place. According to the law, the buyer has become the owner of this apartment, owns it, uses the residential premises, lives in it, makes repairs, etc. The only thing he cannot do is dispose of this apartment, that is, determine its fate - sell, donate, change until state registration occurs in Rosreestr.
Many people abuse this and thus evade paying real estate taxes. Perhaps this is exactly what happens in this situation. Not being legal owners, the participation of these citizens in the MKD meeting has no legal basis.
The courts slightly disagree with you. For example, “ST. PETERSBURG CITY COURT. APPEAL DECISION dated February 25, 2013 N 33-2530/2013.”
“carrying out state registration of ownership rights is a right, and not an obligation, of the owner of the property, while the rights and obligations for the maintenance of premises and common property of an apartment building arose among participants in shared construction from the moment of transfer of property; accordingly, questions regarding the maintenance of common property raised on voting at the general meeting affects the rights of these persons; their exclusion from voting would exclude the possibility of making decisions within the competence of the general meeting of owners. "
Why is there no information about the apartment in the registry?
There are two owners in the Moscow apartment - me and my ex-husband (the apartment was purchased during marriage and was in common joint ownership). I am registered and live in another place (and our son has been registered since birth in my parents’ living space). Previously persons the account was issued to me, they paid jointly (when the relationship had not yet been completely damaged). Then divorce and property division court. Then the court about not causing obstacles to the use of the apartment in my claim against my ex-husband (the court ordered him not to interfere, pay compensation, and give me the keys to the apartment, which he had not previously provided). After this, the ex-husband (out of anger and greed) separated the persons in November 2021. accounts, which I did not find out about right away, but 2 months later, when I saw strange charges in the receipt and called the management company. It turns out he was there and filed an application for separation of persons. accounts. And the Criminal Code separated the individuals. accounts only on the basis of his statement, and the Criminal Code also refers to the fact that he showed the court decision. But I tried to object to them - there was a court hearing on the division of jointly acquired property, incl. rights to the apartment - the court awarded 1/2, but there was no court to determine the procedure for using the apartment, and to divide the persons. accounts. There was no statement from me. And the Criminal Code decided to separate the persons without my consent. accounts only at the request of one co-owner. Moreover, on the Rosreestr website there is online information about our apartment - for now it is in common joint ownership. That is, the ex-husband had not yet registered the right of shared ownership with Rosreestr (instead of common joint property), but he immediately ran to the Criminal Code to separate the persons. bills (because he wants to pay less for the apartment, although he did not let me or our son use it, and the renovations in the apartment have not yet been completed, and it is still impossible to live there - the ex lives in an apartment that he inherited from his mother, with whom he brought a woman from the distant Moscow region to live with him, and recently married her). In addition, the receipt for me is now a separate person. bill for half an apartment - charges for water, drainage according to consumption standards (although the apartment has had water meters for a long time, and the consumption according to them is 0, because no one lives in the apartment), and also for the antenna and intercom. In the Criminal Code by phone. they don’t want to talk, one accountant said - write and said. By email that you don’t live in the apartment, they say, we’ll count it, and the other one grabbed the phone and said that they wouldn’t count anything, she demanded that I personally appear and write a statement. But it’s a long way for me to go there (I live on the opposite end of Moscow), the management office doesn’t work on weekends, and on weekdays they won’t let me go from work (I also work at the other end of Moscow).
How to fight with the management company so that they remove charges for water. and horizontal, drainage, antenna and intercom. The ex-husband is registered in the apartment, but does not live (you see, he wrote a statement that he does not live, and they do not charge him), but I not only do not live, but am not registered, and water meters have been in the apartment for a long time! Why on earth did the Criminal Code begin to charge me a fee from the moment the accounts were divided (and in general why did they split the hp without my consent), and in response to my indignation they demanded that I personally appear there and write a statement? How can I demand from them that they recalculate (remove the unlawful accruals). And what about the fee for the antenna and intercom? In the old receipts for 2015 (when general receipts were issued for the entire apartment) there was no line at all for the antenna. Did the Criminal Code have the right to include this line according to my HP? (for half an apartment), when I don’t live in the apartment, I’m not assigned, and in general there are no communications in the apartment (including TV), because the renovations haven’t been completed?
Rosreestr municipal apartments
- The apartment is municipal, it is not in the Russian register, is it necessary to do so?
- Do I need to check the municipal apartment in the Rosreestr where I live?
- Do I need to check a municipal apartment in the Rosreestr?
- Do I need to check a municipal apartment in the Rosreestr?
- Is it necessary to check a municipal apartment in the Rosreestr?
- Municipal apartment
- How to register in a municipal apartment
- Municipal apartment rights
- Register in a municipal apartment
- How to register in a municipal apartment
1.1. If you have a court decision or a privatization agreement, then Rosreestr will be required to register ownership. How did housing become your property?
2.1. The lack of information in Rosreestr does not mean that the apartment is municipal property. You need to contact the administration of your city with an application for an extract from the register of municipal property for the apartment you are interested in.
Is it necessary to check a municipal apartment in the Rosreestr?
11.1. Get an extract from Rosreestr and see who owns the property.
12.1. Federal Law “On State Registration of Real Estate” dated July 13, 2015 N 218-FZ. Article 28. Certification of the implementation of state cadastral registration and state registration of rights
1. State cadastral registration, state registration of the emergence or transfer of rights to real estate are 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 this Federal Law.
2. 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.
It is necessary to request an extract from the Unified State Register and check the ownership rights of Article 209 of the Civil Code of the Russian Federation. There are also risks. What actions did you take?
13.1. There is no need to check a municipal apartment every month by law, so there is no need to check anything. This makes absolutely no sense.
Why is there no information about the owner of the property in the Extract from the Unified State Register of Rosreestr?
Return to category: All about extracts from Rosreestr
First of all, it is important to note the fact that the Extract from the Unified State Register of Real Estate is a display of the current registered information in Rosreestr on the date of receipt of the Extract. Accordingly, in the absence of information about registered rights and information about the owner, this is NOT a problem with the Extract itself, but a problem with the registration of your real estate!
And based on this, if you encounter this problem, you need to contact the nearest MFC to clarify the circumstances.
Cadastral value of real estate according to the cadastral number of Rosreestr
If you are interested in the cadastral value of real estate for presentation to official authorities or third parties, it is better to order an extract using the cadastral number of Rosreestr. It is generated in the services section on the organization’s website; it can also be ordered through your personal account on the government services portal.
The Rosreestr cadastral number is like the DNA code of an apartment. It is completely unique, it encrypts the location of the property, and, knowing its meaning, you can find any information about the characteristics, features of the property, its owners and history. It is a numeric code of 4 groups, separated by colons.
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Reasons for the lack of information about real estate rights in Rosreestr?
There are several reasons why there is no information about the owner in the Unified State Register of Rosreestr. We will look at the most basic reasons that users of our Portal encounter.
Note that the Unified State Register of Real Estate is generalized information that was previously contained in the Register of Rights (formerly Extract from the Unified State Register of Real Estate) and the Real Estate Cadastre. Now, they are combined into a common unified system of the Unified State Register of Real Estate.
Property rights arose before 1998 (
The previously existing register of the Unified State Register has been maintained since 1998; accordingly, all information from it is now contained in the Unified State Register. If the emergence of the right occurred BEFORE 1998 and beyond, no transactions were carried out with this property, then accordingly there is no information about the owner in the Unified State Register of Real Estate.
In such cases, the owner of an apartment, land plot or house will definitely have a “Certificate of Ownership” in hand.
New information after the transaction has not yet been entered into the Rosreestr database (
When conducting a transaction with real estate, all new information is entered into the Unified State Register of Rosreestr. But since this process provides for a clear legally established scheme, the period for updating and entering data into Rosreestr may vary, depending on the workload of Rosreestr, the region, etc. Accordingly, BEFORE updating the database, new information in the Unified State Register will not be available.
Information about the owner is provided in other fields of the Unified State Register of Real Estate
Sometimes you come across objects with unusual information about rights entered into the “additional information” field. In this case, when checking real estate online, this type of registration of rights will not be displayed. This information can only be seen upon receipt of an Extract from the Unified State Register of Characteristics and Rights.
Reason #2. Communal apartment
There is a situation where an ordinary apartment is divided into separate real estate units.
For example, there is a 2-room apartment and there are 2 owners who have separate certificates of ownership of the rooms in this apartment. Note! We are not talking about shared ownership, but about separate real estate objects in the form of 2 rooms in an apartment. Each room is independently registered in the cadastral register and has an individual cadastral number.
We advise you to read: Why do you need an extract from the Unified State Register of Real Estate? Cost of extract from USRN
In this case, if you order a statement for the apartment as a whole, there will be no information about a specific owner.
