Ownership verification rules - what has changed?
Obtaining a certificate of ownership of an apartment was provided for by the law “On state registration of rights to real estate and transactions with it.” This document was issued when registering housing ownership and served as its confirmation. It was presented to the buyer or lessee when concluding the relevant contracts.
The use of the document was associated with a number of problems:
- The certificate of ownership of the apartment, the validity of which was not limited, could become unusable as a result of constant demand. If the owner rented out an apartment, he had to regularly present the original document. Instead of a worn-out original, I had to order a duplicate.
- The document was often lost. For this reason, the owner had to restore the certificate of ownership of the apartment before making transactions with it.
- It was possible to produce a false document. Despite the use of forms with various degrees of protection, this certificate was often forged by fraudsters in order to deceive buyers or tenants.
- Abuses were available to former homeowners. When registering the sale, the document remained with the previous owner and a cancellation mark was placed on it. Registrars did not always use this stamp, so the seller had the opportunity to use the document for fraudulent purposes.
- The certificate contained a limited set of information. It included only data on a number of physical characteristics of the apartment or house, information about the foundation document and the owner.
To eliminate all of the above problems, the certificate of ownership of the apartment was canceled as of July 1, 2016 . This was done on the basis of the law “On State Registration of Real Estate”, adopted on July 13, 2015. The certifying document was an extract from the Unified State Register of Real Estate.
Let's figure out how to confirm your rights to an apartment according to the new rules.
Confirmation of owner's rights
When concluding any transactions that entail a change of owner, they must undergo the procedure of making an entry in the unified real estate register. Before the changes were adopted, the new owner received a document called a certificate of registration of ownership.
This document contained basic information about the apartment and other real estate entered into the Unified Register. The procedure for issuing a certificate was regulated by the provisions of Order of the Ministry of Economic Development No. 765 dated December 23, 2013. and amendments to it dated March 26, 2015.
The certificate, issued on any form, must include the following information:
- Name of the registration authority.
- Date of entry into the register.
- Information about the person who has the right to property.
- General identifying information about the property.
- Type of law.
- A document giving grounds for the owner to exercise the right.
- Presence/absence of encumbrance.
- Information about the registrar who made the entry in the Unified Register.
The document has legal force and belongs to strict reporting forms with the assignment of a unique number and series. Certificate information can only be certified by a competent official who has signed and sealed the document.
Receiving an extract - how to properly issue an extract?
To obtain a certificate of ownership of an apartment, it was necessary to contact Rosreestr. With regard to extracts, the rules are similar. The owner or another person may receive the document on the basis of an appropriate application. An alternative is to contact the MFC, which previously also issued a certificate of ownership of the apartment.
Another option is to send an electronic request through the Rosreestr website.
Providing information from the Unified State Register of Real Estate is carried out on a paid basis. The cost of the extract is determined in Order of the Ministry of Economic Development N 799, adopted on December 9, 2021.
The document establishes the following fee:
- 750 rubles per document in relation to the 1st object, if it is drawn up on paper;
- 300 rubles when ordering an extract in electronic format.
If the request is related to the provision of data on the cadastral value of a real estate property, then the data on it is provided free of charge to any person who applies.
How to obtain an extract from the Unified State Register?
The process of obtaining an extract is determined by Order of the Ministry of Economic Development of the Russian Federation No. 180, which outlines several options for sending a request for an extract. These methods are:
- paper document - directly by personal application to the Rosreestr Office or through the MFC body, as well as by sending it by Russian Post.
- electronic form – filling out a request using a form that is posted on the official website of Rosreestr or by sending an XML document using web services.
In order to receive an extract in electronic form, the request must indicate this method of receipt. The request, which is submitted in the form of a paper form, is submitted along with the original payment order. When a request is sent electronically, the applicant sends a payment order in electronic format to the cadastral registration authority.
The information contained in the Unified State Register is provided within 5 working days from the date of sending the request. When submitting a request through the MFC, the period for producing an extract is calculated from the day it is sent to Rosreestr.
The extract contains a full description of the property, its description, as well as information about the registered rights to it and restrictions on rights, information about the legal claims existing at the time of issuance of the extract and the rights of claim declared in court in relation to this object, notes on objections to the registered right on it, information about the existence of a decision to seize the property for state or municipal needs.
It should be remembered that the data contained in the response to the request is current as of the date of its receipt.
What can you learn from the extract?
The composition of the information entered into the document is determined in Part 7 of Art. 62 of the Law “On State Registration of Real Estate”.
The extract includes:
- physical parameters of the object;
- rights that are registered;
- existing encumbrances;
- data on the existence of legal disputes in relation to this property;
- information about the decision made to confiscate the object for public needs;
- information about applications being considered by Rosreestr regarding the registration of the transfer of rights to an object, the establishment of restrictions or encumbrances.
If previously potential problems could only be tracked using a certificate confirming ownership of an apartment with an already established encumbrance, now it will be possible to obtain such information at the registration stage.
Do I need to change the “Certificate of Ownership” to “Extract from the Register”?
No. Owners of apartments and other real estate properties have nothing to worry about here. No forced replacement of Certificates of Ownership
Extracts
from the Unified State Register
are not required.
If the ownership was registered before July 15, 2016, then the Certificate of Ownership
continues to be considered a full-fledged
legal
document, along with
an Extract from the Unified State Register
.
If the right is registered after this date, then as a result of registration the new owner no longer receives any paper document that confirms his ownership. All data about this remains only in the electronic database of Rosreestr
.
At the same time, the document on the basis of which this right was obtained remains as before ( see more about this at the link
).
Procedure for preparing a transaction for the sale and purchase of an apartment
is clearly shown in the diagram.
Opens in a pop-up window.”>STEP-BY-STEP INSTRUCTIONS
(
opens in a pop-up window
).
All the details about what happened to the paper certificates for the apartment (and other real estate) and how to now confirm that I am the owner.
In the midst of July, when half of the population of our Motherland is quietly busy with beds and preparations for the winter, great changes are taking place in the legal life of the country. But it’s one thing when new fishing rules come into force, and quite another when it comes to real estate, which almost everyone has in one way or another.
The essence of the changes
: from July 15, 2016, paper certificates of state registration of ownership of real estate will no longer be issued. The procedure for state registration of the emergence and transfer of rights to real estate remains unchanged.
This news of abolishing the certificate of ownership for all non-lawyers in the country seemed revolutionary. In folk wisdom, the usual certificates for an apartment or house were considered the only and most durable confirmation of ownership. And then one day - the news: the certificate for the apartment was canceled and will no longer be issued. How can you not worry? But in reality there is nothing to be afraid of.
How can I now confirm that I am the owner?
From July 15, 2021, the document that will confirm the registration of ownership of real estate will be an extract from the Unified State Register of Rights to Real Estate and Transactions with It - an extract from the Unified State Register of Real Estate
. You can receive such an extract either in paper form or electronically.
The Unified State Register has been maintained for a long time, and extracts have existed for a long time. From the Unified State Register extract it has long been possible to see who the owner is, whether there are restrictions (encumbrances) on the property - for example, whether the apartment is pledged to the bank (mortgage) or under arrest. In addition, long before July 15, the owner could already choose how to certify his fact of registration of the right - with a paper certificate or an extract from the Unified State Register. But the majority, of course, chose the usual evidence. An extract from the Unified State Register was often ordered, for example, when concluding a contract for the sale and purchase of an apartment, in order to see the entire history of the property and make sure that the transaction was clean. And now this statement will need to be ordered more often - for example, also when renting out an apartment.
In fact, a certificate of registration of ownership of real estate has long been no longer a guarantor. The old certificate could easily remain with the previous owner of the apartment in his last name and open up scope for fraud. Or another illegal area - forgery of forms.
The certificate itself, in essence, did not confirm ownership forever, but only for a certain date - the date of its issue. With an extract from the Unified State Register everything is the same - and it confirms all the information only on the date of issue, and the very next day there may be a completely different entry in the Unified State Register. And you will need a fresh extract. The main difference is that the certificate was issued once and for all, and the extract will need to be ordered as many different transactions with real estate as there will be - buy/sell/rent, etc.
Important!
Both the earlier certificate and the extract from the Unified State Register today confirm only the fact of state registration of the right. The main ones have always been and remain documents of title - a sales contract, a gift agreement, a certificate of inheritance, etc.
Do I need to change the certificate for an extract from the Unified State Register?
No no need. Paper title certificates issued before July 15, 2021 remain valid. Any structures, in order to confirm ownership of real estate, are required to accept certificates of ownership in the same way as an extract from the Unified State Register.
How to obtain an extract from the Unified State Register?
You can order and receive an extract from the Unified State Register for both your own and any other apartment to find out who the owner is, whether there are any legal disputes over the apartment, whether there are any arrests or liens.
How much does an extract from the Unified State Register cost?
The cost of an extract from the Unified State Register for individuals is from 150 rubles for an electronic document and from 200 rubles for a paper extract. For legal entities - 300 and 600, respectively. All prices are published in detail on the Rosreestr website. At the bottom of this page, in addition to the price list, there are details and a sample receipt. The region you need is indicated in the upper left corner of the page.
The production time for an extract from the Unified State Register is up to 5 working days.
You can instantly and free of charge obtain public reference information on real estate properties online through a special service on the Rosreestr website. To search for information you need a cadastral number or just an address.
In the results of the issuance, the following will appear on the screen: cadastral number of the object, area, address, presence of registered rights, date of information update, date and number of registration of the right and the presence of restrictions. The owner's name will not be shown.
How long is an extract from the Unified State Register valid?
The usual paper certificate was valid without an expiration date. The extract in this sense will also not deteriorate over time. Only the information in it may no longer correspond to the new entries in the Unified State Register. Therefore, a fresh extract is required everywhere. Ideally, all information from the register is relevant only as of the date the extract is issued. And then - a new date and a new statement. Therefore, different banks, different authorities and other structures require statements issued no later than a certain period. And it is important to meet this deadline.
Reason: Federal Law No. 360 of July 3, 2016 “On Amendments to Certain Legislative Acts of the Russian Federation”, Federal Law No. 122-FZ of July 21, 1997 (as amended on July 3, 2016) “On State Registration of Rights to Real Estate and deals with him."
MOSCOW, July 8 – RIA Novosti, Evgenia Petrova.
On July 15, new amendments to the law will come into force, canceling the issuance of certificates of state registration of rights to real estate.
From this moment on, the emergence and transfer of rights to real estate will be certified only by an extract from the Unified State Register of Rights to Real Estate and Transactions with It. However, certificates that were issued before the specified date do not need to be changed, and in general, the changes will not create problems for citizens who want to buy or sell their properties, lawyers and officials told RIA Novosti.
The essence of the amendments
The issuance of certificates of state registration of rights to real estate will cease in Russia from July 15. We are also talking about repeated certificates, as noted in Rosreestr. The department adds that the basis for the innovation was the amendments made to the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.”
The Ministry of Finance explained the specifics of applying a patent for renting out housing. An individual entrepreneur, in order to apply the patent taxation system when renting out an apartment that was purchased during marriage, must obtain the notarized consent of the second spouse, even if the property is registered in the name of only one of the spouses.
“From now on, state registration of the emergence and transfer of rights to real estate will be certified only by an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRP),” the department’s press service explains.
The extract confirms that on the date of issue indicated in it, a certain person has registered the right to a specific piece of real estate, about which a registration entry was made in the Unified State Register on that day under the corresponding number, the department explains. The document can be obtained both in paper and electronic form.
“In other words, the extract on the rights to Ivanov I.I.’s apartment, issued on July 1, 2021, will be valid in 2050. But it will only testify that Ivanov I.I. was the owner on July 1, 2021, but not later. To confirm the ownership of Ivanov I.I. in the future, you will need to order new extracts,” Alexander Machnev, lawyer of the Yakovlev and Partners legal group, gives an example.
There will be no revolution
One way or another, nothing revolutionary will happen for the applicants, the Ministry of Economic Development agrees. The law already provides for certification of registration either by an extract from the Unified State Register or a certificate of registration. “At the same time, the legislation, starting from January 1, 2021, provided for certification of registration only by an extract from the Unified State Register,” says the Ministry of Economic Development.
Property tax may be abolished for owners of rental housing. It is also proposed to provide tax deductions for the expenses of individuals on rental housing, similar to the deductions provided for the purchase of housing, the message indicates.
Certificates that were issued before July 15, 2021 do not need to be changed, Rosreestr confirms. These documents confirm the fact of registration of the occurrence and transfer of rights on the date indicated in them as the date of issue.
The department explains that before the changes to the legislation came into force, the applicant could already choose whether to receive a property registration certificate or an extract from the Unified State Register when registering property rights. Cancellation of certificates does not change the procedure for registering rights, so nothing will change for applicants when receiving services.
Documents for registration can also be submitted electronically or contact the offices of Rosreestr, the Federal Cadastral Chamber, or the MFC at the location of the property.
It is important to note that canceling the issuance of certificates will not change the timing of the provision of services. The period for state registration of rights is 10 working days, unless otherwise provided by law.
As for duties, they will not change either. For example, for an individual they are 2 thousand rubles, and for legal entities - 22 thousand rubles.
Break pattern
Therefore, replacing the certificate with an extract does not promise anything risky or scary for citizens. It’s just that for ordinary citizens, the cancellation of the issuance of a certificate is a kind of “break in the pattern”, since they consider it the “main” document, but this is a misconception, says Tamaz Mstoyan, a lawyer at the Leontyev and Partners Law Office.
“The main thing is the document - the contract, the act of the government body on the basis of which the property was acquired and the presence of registered rights to it in the Unified State Register,” he explains.
Nothing will change in the work of lawyers, realtors or the actions of citizens during real estate transactions. “After all, even now, in any transactions, owners must provide an extract from the Unified State Register, which must be requested additionally in addition to the document issued during registration of the right. That is, in fact, an existing practice is simply consolidated, says Alexey Bernadsky, director of the network of real estate offices Est-a-Tet.
“The only document that confirms the relevance of information about the property is an extract from the Unified State Register, which is requested immediately at the time of purchase or sale of an apartment. A person may have a certificate or an extract from the register that he received when registering rights to real estate, but in essence they only declare the right, but do not confirm it,” agrees lawyer Dmitry Shcheglov.
Therefore, the innovation will help ordinary citizens avoid mistakes when obtaining information, for example, about the apartment they are buying.
After all, not everyone can know, for example, that a paper certificate may not be current on the date of verification of information, says Dmitry Zheleznov, lawyer of the Real Estate and Construction legal practice.
But anyone can receive an extract about their rights to a property by simply making a request to Rosreestr, says Sergei Egorov, managing partner of the EMPP law office. It will confirm the fact and timing of the property being owned by the citizen at the time of its issuance. Such an extract may be needed to complete a transaction with real estate, the lawyer notes.
“The abolition of certificates of ownership is really intended to strengthen the guarantee of registered rights, and also contributes to the further improvement of interdepartmental interaction in the provision of various government services. The copyright holder, as before, can receive an extract confirming the registration of rights after registering the rights - both electronically and in paper form,” the Ministry of Economic Development summarizes.
Now a citizen will be able to confirm his ownership rights to any type of real estate with an extract from the Unified State Register. The innovations do not oblige owners to urgently reissue documents and hand over old ones.
Until this moment, as now, any citizen of the Russian Federation can receive an extract.
Restoring the statement
If in situations where the certificate of ownership of an apartment was lost, a new document had to be drawn up, then it is advisable to order a second extract before each potential transaction.
This is due to the fact that it is current on the date of issue. The rules for re-ordering an extract are similar to the procedure for its initial registration. It can be obtained on paper by personally contacting the MFC or Rosreestr, or you can also request its electronic version through the website of the registration authority.
Do I need to hand over or exchange previously received certificates?
Certificates that were issued to real estate owners do not require changing or submitting to Rosreestr
.
These documents, as before, will be kept by the owners. They will not lose their power - they will confirm the ownership of a certain citizen to certain property, but, please note, on the specified date of issue of the document.
Here's an example:
citizen Vasilkov decided to purchase a house in 2021. Arriving at the specified address, he met the owner of the property - citizen Lysko - and asked to provide documents. The seller of the house showed a certificate of ownership issued in 2001, showed an extract from the Unified State Register and he refused to take it.
Vasilkov appealed to the Registration Chamber himself. After 5 days, he received an extract and learned that the property was under arrest. Having discussed this issue again with Lasko, I found out: the ex-wife filed for divorce and wants to divide the property.
Using this example, you can once again verify that the extract contains more information than a paper certificate
.
This is what the extract from the Unified State Register looks like:
The project is currently under development and can always be changed.
Further amendments may concern the abolition of mandatory paper copies of extracts, which any citizen can receive from the Unified State Register.
Thus, owners will be forced to contact notaries
to complete a real estate transaction and provide an electronic version of the extract. However, this is a plus - receiving a paper copy will not be a mandatory requirement.
