Notarization of real estate transactions: is the participation of a notary required when buying and selling land?

Over the past few years, real estate transactions have become easier.
It is no longer necessary to separately register the land purchase agreement and then the title.

And recently the rules for certifying transactions by a notary have been updated.

In what cases is it necessary to register the purchase and sale of a land plot with a notary, and when is it possible at will?

Let's look at the question in the article.

From January 1, 2021, it is impossible to sell a plot without land surveying

The package of documents required for the transfer of ownership of land is defined in Federal Law No. 218. The seller fills out an application for the transfer of ownership rights, to which is attached an agreement, the consent of interested parties (for example, a spouse), and title documents.

• On the specified date, you come to the MFC and receive an extract from the Unified State Register. If Rosreestr specialists find errors in the documents, the transfer of ownership rights will be denied. Lack of land surveying is one of these mistakes.

How is the document certified?

To certify the contract for the sale and purchase of a land plot, the parties must contact the nearest notary office (private or public). You must have all the documents confirming the transaction with you, since in the future copies of them will be sent to Rosreestr to register the transfer of ownership rights.

These papers include:

• passports of both parties;
• agreement concluded in 3 copies;
• extract from the Unified State Register of Real Estate;
• a document confirming the receipt of ownership of the land from the previous owner (deed of gift, certificate of inheritance, purchase and sale agreement);
• cadastral passport (if any) and plan;
• additional documents if necessary (for a married seller - consent from the second spouse, etc.).

If notarization is required by law, then the documents must contain permission from the guardianship and trusteeship authorities for the transaction. Without this certificate, the purchase procedure will be considered suspended.

The specialist must read all clauses of the contract and become familiar with the annexes.
All that remains is to certify all pages of the document with a signature and seal. The details of the specialist who performed the procedure are indicated on a separate sheet.
Within 24 hours after the contract is notarized, the employee must send them in paper or electronic form to register the transfer of ownership rights.

Is it possible to legally sell a plot of land without land surveying?

In addition, some people do not have the financial opportunity to do land surveying and they will be forced to wait for a buyer who will agree to carry out the procedure for legalizing the boundaries of the property at his own expense, risking that the owner may ultimately change his mind about selling the property.
One way or another, land surveying will require extra time and effort from one and the other party. In addition, the land surveying procedure requires not only money. For example, the procedure for determining the boundaries of a site should be in the presence of neighbors, a land surveyor, and a commission. If the neighbors do not agree with the boundaries, then the land surveying procedure will be nullified, and the money paid for this will remain in the state. You will have to repeat the procedure again. Or even go to court to determine your boundaries, despite the disagreement of your neighbors. And this is an additional cost of money and time.

Is it possible to sell a plot without land surveying?

What is special about such plots? Most often, they were allocated and provided to members of the partnership before the advent of the Federal Law “On the State Real Estate Cadastre” (08/22/2007). In order to organize its activities, the ownership of the partnership was provided to a land mass, to which the right of common joint ownership of all its members arose.

All plots, roads, public places, etc. transferred to the ownership of members must be marked on it. Therefore, each owner in a partnership can quite accurately determine the location of his plot on the ground.

However, we repeat, from 2021

Is land surveying required when selling?

Simply put, draw up a deed of sale with a municipal entity (for example, purchase the land under a real estate property) or enter into a lease agreement.

• You are going to divide the plot or merge it.
• It is necessary to obtain a permit for the construction of real estate on this land.
• In other cases, when the requirement for land surveying is not clearly established by current legislation, but legal entities or individuals require this procedure to be carried out in order to carry out certain transactions (for example, mortgaging).

Not necessarily in cases expressly provided for by the Law, namely:

• Conducting transactions with land intended for personal farming, gardening, vegetable gardening, individual housing and garage construction.
• Transfer of a site from permanent perpetual use to ownership.

Advantages of conducting land transactions by highly specialized lawyers

In most cases, lawyers and general attorneys do not have the level of knowledge in the field of land relations that is necessary for a qualitative analysis of the client’s issue, as well as a comprehensive assessment of the prospects of the planned transaction, preparation of the necessary documents in accordance with all legal requirements, etc. Land lawyers have the experience and competence to support transactions

with real estate and land of any complexity.

Each transaction of our clients is unique to us!

Commonwealth lawyers, taking into account the specifics and uniqueness of each real estate transaction, carry out a detailed check of the current legal status, as well as study the legal history of the acquired property and analyze the possibility of future litigation.

In most cases, transactions with land plots are accompanied by cadastral work, for example, in order to clarify boundaries, divide one land plot into several, etc. In this regard, the Commonwealth cooperates closely with cadastral engineers, which allows us to carry out a full range of work at each stage of supporting transactions with land plots.

Preventing further litigation is a top priority for our specialists. That is why, in each specific situation, our specialists examine the risks that may arise during the process of completing a transaction with a land plot or after a certain time after carrying out these actions, and also work out for each case a unique mechanism for implementing the tasks set by the client when supporting a transaction with land.

Is it necessary to carry out land surveying in 2021 – 2018?

The owner provides a cadastral passport of the plot and a certificate of the form of title.

• A month later, a certificate of tenancy is issued, which is transferred to the tenant. The rest of the documentation for the land remains with the owner.
• Responsibility for all disputes that may arise when renting a land plot without land surveying rests with the owner of the plot.
• Purchase and sale Should I buy a plot without land surveying? When buying or selling a plot without delineating the plot, responsibility and risks for the undemarcated plot are transferred to the new owner.

If the seller significantly reduces the value of the land when selling due to the lack of land surveying, the buyer may or may not gain benefits from the transaction. The question is that it is land surveying that reveals all problems and violations, establishing reliable boundary boundaries on the ground.

Grounds for state registration of rights to real estate:

The grounds for state registration of the presence, origin, termination, transfer, limitation (encumbrance) of rights to real estate and transactions with it are:

• acts issued by state authorities or local self-government bodies within their competence and in the manner established by the legislation in force at the place of publication of such acts at the time of their publication;
• contracts and other transactions in relation to real estate, concluded in accordance with the legislation in force at the location of the real estate at the time of the transaction;
• acts (certificates) on the privatization of residential premises, completed in accordance with the legislation in force at the place of privatization at the time of its completion;
• certificates of inheritance;
• a court decision that has entered into legal force;
• acts (certificates) of rights to real estate, issued by authorized government bodies in the manner established by the legislation in force at the place of issue of such acts at the time of their issue;
• other acts of transfer of rights to real estate and transactions with it to the applicant from the previous copyright holder in accordance with the legislation in force at the place of transfer at the time of its completion;
• other documents that, in accordance with the legislation of the Russian Federation, confirm the existence, emergence, termination, transfer, restriction (encumbrance) of rights and registration of real estate.

State registration of certain types of rights to real estate and transactions with it

Chapter IV of the Federal Law “On state registration of rights to real estate and transactions with it” determines the procedure for state registration of certain types of rights to real estate and transactions with it, which provide for the registration of rights:

• to the enterprise as a property complex and transactions with it
• on land plots and other real estate objects included in the enterprise as a property complex, their restrictions (encumbrances).
• for hydraulic engineering and other structures located on water bodies.
• for real estate in apartment buildings.
• common ownership of real estate.
• common shared ownership of investment unit owners in real estate constituting a mutual investment fund (acquired for inclusion in the mutual investment fund), restrictions (encumbrances) on this right or transactions with this property.
• for the real estate object being created.
• registration of agreements for participation in shared construction.
• ownership rights of a citizen to a land plot provided for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction.
• real estate lease agreements.
• registration of easement.
• registration of real estate on the basis of a decision of a court of general jurisdiction, an arbitration court or an arbitration tribunal.
• mortgage registration.
• real estate related to the disposal of real estate under the terms of trust or guardianship.
• registration of ownership of a land plot when delimiting state ownership of land.

In this list, you can familiarize yourself with the most common transactions, legal support of which will be provided by real estate lawyers of our company and which require real estate registration:

Registration of a transaction involving the alienation of objects:

• contract of sale
• barter agreement
• gift agreement
• annuity agreement
• land donation agreement

Registration of transactions without alienation of objects:

• rental of non-residential premises
• sublease of non-residential premises
• additional agreement to the lease agreement
• termination of the lease agreement
• rental of residential premises
• land lease
• additional agreement to the land lease agreement
• termination of a land lease agreement
• sublease of land

Registration of real estate pledge

• pledge of non-residential premises
• mortgage of residential premises
• pledge of rights under a land lease agreement
• redemption of mortgage record

Do you need land surveying, or can you do without land surveying?

The purchase and sale of plots of land is currently a fairly common transaction in the real estate market. Carrying out these transactions involves the question of the need to survey the plots being sold.

• Is land surveying necessary when selling?
• Is it possible to sell a plot of land without land surveying?
• How to sell a plot of land without land surveying
• Problems when selling a plot of land without land surveying
• How to survey a land plot

Is land surveying necessary when selling? An experienced buyer will first of all ask whether the seller has the necessary documents confirming the privatization of the land. If they are absent, he will demand privatization or offer his assistance in this procedure.

Therefore, before putting it up for sale, you need to register it as your own property. The existing simplified scheme for registration of dacha lands involves the following actions:

1. Contact the cadastral chamber and submit an extract from the municipal resolution on the provision of land.
2. Order a cadastral passport from Rosreestr. It contains the main parameters of the territory, including:

• Square;
• Price;
• Permitted type of use;
• Number in the cadastre;
• Location address;
• A mark indicating that there are no site boundaries.

1. A preliminary agreement is prepared and a deposit is paid.
2. The main contract is concluded. It must contain the essential terms of the transaction and be certified by a notary or without his certification.

Entering information about all lands into a single register allows you to organize information about lands, categories of their use, and owners.

• Determination of the amount of land tax, as well as control over the receipt of tax payments.

All these tasks are more of a state task, but this does not mean that land surveying does not have a positive meaning for the land owner. From a practical point of view, setting boundaries allows you to:

• Unambiguously determine the location and size of the site. This allows you to protect your rights as an owner in the event of boundary disputes with the owners of adjacent lands.
• Simplify the procedures for obtaining construction permits, legalizing residential buildings and other buildings, obtaining permits for the installation of engineering structures, etc.
• Secure legal ownership of the cuttings.

The price may be influenced by:

• Region of work;
• Location of land area;
• The shape of the object and the terrain;
• Category of land plot;
• His story.

Considering that costs can be quite high, the main positive aspect of selling a plot of land without carrying out such work is the reduction in costs. The disadvantages of such a transaction are the low demand for such property and the high prospect of disputes with neighbors about the boundaries of the site and its size.

Today, the unified register of rights contains many territories that have not passed the stage of delimitation through land surveying. This applies to garden plots registered under a simplified scheme under the “dacha amnesty”.

They have cadastral documentation indicating their characteristics, indicating that they have no boundaries. And they are allowed for sale.

Types of transactions with land plots.

Transactions are understood as actions of citizens and legal entities aimed at

to establish, change or terminate civil rights and obligations. IN

depending on the number of participants in the transaction, they can be bilateral (or

multilateral) and unilateral. A unilateral transaction expresses the will of one

person or one party (for example, a will). Bilateral and multilateral transactions

are called contracts. To conclude a contract, it is necessary to express the agreed

the will of two or more parties. General requirements for conducting civil transactions

with earth are contained in ch. 9 of the Civil Code of the Russian Federation.

Transactions with land plots are made in writing. Real estate transactions are subject to registration in cases provided for by the Civil Code (Clause 1, Article 164). Failure to comply with the requirements for state registration of a transaction in cases established by law entails its invalidity. Such a transaction is considered void (Clause 1, Article 165 of the Civil Code). An agreement subject to state registration is considered concluded from the moment of its registration, unless otherwise provided by law (clause 3 of Article 433 of the Civil Code). Additional transactions to amend or terminate previously registered transactions are also subject to state registration.

Civil legislation enshrines the principle of freedom of contract, i.e. the parties can enter into an agreement, both provided for by law and not provided for, as well as mixed agreements containing elements of various transactions. Mixed transactions containing elements of transactions subject to registration are subject to registration as a whole.

Transactions can be divided into registrable and non-registerable

.
According to the legal consequences of alienation transactions (involving the transfer of rights to real estate);
transactions
that do not involve the transfer of rights.
1. Alienation transactions

aimed at transferring real estate ownership. These include:

a)
purchase and sale agreements.
Under a contract for the sale and purchase of a land plot, the seller undertakes to transfer ownership of the land plot to the buyer, and the buyer undertakes to accept the land plot and pay a certain amount of money for it. A land purchase and sale agreement is not subject to state registration and is considered concluded from the moment it is signed. The purchase and sale agreement for residential premises is subject to state registration.

The law establishes 2 essential conditions of a real estate purchase and sale agreement.

1. The object of purchase and sale can only be land plots that have undergone state cadastral registration (Article 37 of the Land Code). The contract must indicate:

cadastral number of the plot;

category of land (purpose);

permitted use of the site;

encumbrances of the site and restrictions on its use.

The parties to the agreement do not have the right to change the intended purpose of the land plot,

which is the subject of the contract. Also, such conditions for the use of land as security zones and encumbrances of the site are not subject to unauthorized change.

When selling a land plot, the principle of a single fate of the land plot and the objects located on it must be observed.

Alienation of a land plot without a building, structure or structure located on it is not allowed if they belong to one person.

2. The price of real estate established by agreement of the parties (Article 555 of the Civil Code). It is possible to indicate the price per unit of area, then the contract price is determined based on the area of ​​​​the transferred real estate.

b)
barter agreement.
The relations between the parties are subject to the rules on purchase and sale. The special rules are that:

the equivalence of the goods exchanged is presumed (clause 1 of Article 568);

if the exchange is unequal, then the difference is paid;

a simultaneous transfer of ownership of the exchanged goods is established after both parties fulfill their obligations to transfer them, unless otherwise provided by law or agreement (Article 570).

The exchange may not be accompanied by a monetary value.

c)
real estate donation agreements.
Subject to state registration regardless of the type of object. Under a land donation agreement, one party (donor) gratuitously transfers or undertakes to transfer ownership of a land plot to the other party (donee) (see clause 1 of Article 572 of the Civil Code of the Russian Federation). The condition of transfer of a land plot after the death of the donor is void.

The main feature of a gift is gratuitousness. Under a gift agreement, a counter-transfer of a thing, a counter-grant of a right, or the presence of a counter-obligation is not allowed (clause 1 of Article 572 of the Civil Code). Articles 575 and 576 of the Civil Code contain cases of prohibition and restriction of donations. Donating property to minors and incapacitated persons is not permitted.

citizens by their legal representatives (parents, adoptive parents, guardians).
Gifts are not allowed in relations between commercial organizations.
Donation cannot be made on the basis of a general power of attorney

, containing the authority of the representative to carry out various transactions with the property of the represented one. There are special requirements for a power of attorney to make a gift; it must indicate the subject of the gift and the donee. Otherwise, it is void (clause 5 of Article 576 of the Civil Code).

d) rent agreements with the transfer of real estate for payment of rent, including agreements for lifelong maintenance with dependents

Under a rent agreement, one party (rent recipient) transfers ownership of property to the other party (rent payer), and the rent payer undertakes, in exchange for the received property, to periodically pay rent to the recipient in the form of a certain amount of money or the provision of funds for its maintenance in another form (clause 1, Article 583 of the Civil Code of the Russian Federation).

The rent agreement is subject to mandatory notarization, as well as state registration, if real estate is transferred for rent payment (Article 584 of the Civil Code). An annuity can be perpetual (permanent annuity) or paid during the life of the recipient (perpetual annuity)

e)
lease-purchase agreements (Article 624 of the Civil Code);
f)
acceptance of property by inheritance.
Legal relations regarding the transfer of land plots by inheritance are regulated by the norms of civil and family law. Since March 1, 2002 Part 3 of the Civil Code of the Russian Federation, dedicated to inheritance legal relations, came into force.

Inheritance is a one-sided transaction, i.e. a transaction for

the commission of which is sufficient to express the will of one party, in this case the heir. Inheritance of land plots is carried out by will, and in its absence - by law (Article 1111 of the Civil Code of the Russian Federation).

The acquisition of an inheritance is carried out by accepting it, which can be done in two ways:

actually take possession of the inherited property (took possession or management of the inherited property; took measures to preserve the inherited property, protect it from encroachments or claims of third parties; made expenses for the maintenance of the inherited property at his own expense; paid the debts of the testator at his own expense or received funds due to the testator from third parties);

submit an application to the notary office at the place of opening of the inheritance

2. Transactions without alienation

are aimed, as a rule, at transferring real estate for use or as collateral and thereby give rise not to termination, but to restriction (encumbrance) of the right. These include:

a)
lease agreements.
Lease is the provision of any property, in this case a plot of land, for temporary use for a certain fee based on a lease agreement.

A lease agreement for buildings, structures, non-residential premises, land plots for a period of at least 1 year is subject to state registration.

b)
agreements on the provision of gratuitous fixed-term use
c)
agreements on the pledge of real estate (mortgage)
According to clause 1 of Art. 1 of the Law on Mortgage, under an agreement on the pledge of real estate (mortgage agreement), one party - the mortgagee, who is a creditor under the obligation secured by the mortgage, has the right to receive satisfaction of his monetary claims against the debtor under this obligation from the value of the pledged real estate of the other party - the mortgagor preferentially before other creditors of the pledgor, with exceptions established by federal law. The mortgagor may be the debtor himself under the obligation secured by a mortgage, or a person who did not participate in this obligation (a third party). In this case, the property on which the mortgage is established remains with the mortgagor in his possession and use. The transfer of property as collateral does not entail the termination of ownership rights. If the debtor has not fulfilled the obligation secured by the pledge, the property pledged by him can pass to the pledgee only on the basis of a new transaction, for example, an agreement to purchase the pledged residential premises, but not on the basis of a pledge agreement.

The emergence of a mortgage is possible on the basis of an agreement and the law.

The emergence of a mortgage on the basis of the law is possible when buying and selling a land plot in installments or on credit, if ownership passes from the moment the transaction is concluded. As a rule, in the case of a hire purchase or credit sale, title passes to the buyer from the moment the last payment is made. A mortgage arises when ownership is transferred to the buyer from the moment of state registration, while the seller, until the last payment is received, has the right of pledge on the subject of the transaction - a land plot. The grounds for foreclosure on mortgaged property are contained in paragraph 1 of Art. 348 of the Civil Code of the Russian Federation, as well as in Art. 50 of the Mortgage Law. The circumstances entailing foreclosure on the pledged property include: non-fulfillment or improper fulfillment by the debtor of the obligation secured by the pledge under circumstances for which he is responsible, in particular, non-payment or untimely payment of the debt amount in full or in part, unless otherwise provided by the agreement.

The peculiarity of foreclosure on real estate is the alienation of the collateral by a court decision. A claim for foreclosure of property pledged under a mortgage agreement is brought in accordance with the rules of jurisdiction and subordination of cases established by procedural legislation.

According to Art. 51 of the Law on Mortgage, foreclosure on the demands of the mortgagee is applied to the property pledged under the mortgage agreement, by a court decision, for

except in cases where, in accordance with this law, it is possible to satisfy such demands without going to court. Article 55 of the Mortgage Law contains a list of cases of foreclosure of mortgaged property out of court. Satisfaction of the mortgagee's claims at the expense of the property pledged under the mortgage agreement, without going to court, is permitted on the basis of a notarized agreement between the mortgagee and the mortgagor, concluded exclusively after the emergence of grounds for foreclosure on the subject of the mortgage.

d) agreements for participation in shared construction

(Article 4, 17, paragraph 2 of Article 24 of the Law on participation in shared construction).

At the time of conclusion, the shared construction object as a real estate object

absent. The agreement for participation in shared construction is registered as an encumbrance

right of ownership (or lease) of the developer to the land plot and mortgage in

for the benefit of the construction participants who entered into an agreement or the bank that provided

loan for construction before attracting the first participant (Article 13 of the Law on Participation in

shared construction). Therefore, the agreement is subject to registration in the Unified State Register section,

open on the land plot provided for construction.

A plot of land owned by the developer, or the right to lease land

plots are considered to be pledged to participants in shared construction with

the moment of registration of the agreement for participation in shared construction (Article 13 of the Law on Participation

in shared construction), agreements for participation in shared construction (Articles 4, 17, paragraph 2, Article 24

Mandatory conditions for the purchase and sale of real estate

What conditions must be stipulated in real estate purchase and sale agreements?

The conditions mandatory for contracts of this type, without which such contracts will be considered not concluded, are:

• condition on the subject (Article 554 of the Civil Code of the Russian Federation), that is, data that makes it possible to definitely establish the real estate to be transferred to the buyer under the contract;
• condition on the price of real estate (Article 555 of the Civil Code of the Russian Federation);
• condition on the list of persons retaining the right to use the residential premises being sold (clause 1 of Article 558 of the Civil Code of the Russian Federation);
• a condition for installment payment when selling real estate on credit, including the cost of real estate, the procedure, terms and amounts of payments (clause 1 of Article 489 of the Civil Code of the Russian Federation).

In addition, civil legislation identifies a number of features depending on the subject composition:

• state and municipal enterprises can sell real estate only with the consent of the owner (Articles 295, 297 of the Civil Code of the Russian Federation);
• the sale of real estate to minors and incompetents can only be carried out with the permission of the guardianship and trusteeship authorities (Article 37 of the Civil Code of the Russian Federation);
• When selling real estate of spouses, one of the spouses requires the notarized consent of the second spouse (Article 35 of the Family Code of the Russian Federation).

The President canceled the notarization of land transactions

rubles, which in some cases exceeds the cost of the land plot itself. As a result, many citizens significantly overpay for registering a transaction.

In accordance with the amendments, it will now be possible to certify land purchase and sale agreements not with a notary, but with the heads of agricultural enterprises, representatives of municipalities and local authorities.

Such a certificate will be free, and the fee, as before, will not exceed 500 rubles.

Support for real estate transactions includes:

• Detailed consultation at all stages of the transaction;
• Legal examination of submitted documents for compliance with the current legislation of the Russian Federation and the requirements of registration authorities;
• Checking the legality of the seller’s rights to real estate;
• Representing the interests of the client during negotiations with the seller/buyer;
• Preparation of an agreement on a deposit or advance payment;
• Collection of related documents necessary for the transaction;
• Preparation of a draft contract for the purchase and sale of real estate;
• Coordination with the counterparty of the text of the agreement and the terms of the transaction;
• Submitting a package of documents for state registration;
• Receiving registered documents.

What contracts does a Notary notarize?

in cases provided for by agreement of the parties, at least by law this form was not required for transactions of this type. Transactions subject to notarization.

There are a number of agreements that, we do not advise, but are required by law, are subject to mandatory certification by a notary. In accordance with current legislation, these include: - a lifelong maintenance agreement with dependents; — agreement to amend or terminate a notarized contract; — on the transfer of debt under a notarized transaction; — contract for the assignment of claims by a notary; — agreement on payment of alimony; — a will, including one containing a testamentary refusal or a testamentary assignment; — power of attorney for transactions requiring notarial form; - a power of attorney issued by way of substitution.

Land transactions require notarization

identification of real estate is mandatory when this is provided by law, as well as in cases provided for by agreement or contract between the parties. Transactions subject to notarization.

In the current legislation, the legislator has established the mandatory notarization of certain things and includes: - a mortgage agreement (registration with the justice authorities is also required); — agreement of lifelong maintenance with dependents; — contract for the assignment of claims by a notary; — agreement on transfer of debt under a notarized transaction; — agreement to amend or terminate a notarized contract; — agreement on payment of alimony; — a preliminary agreement, if the main one will subsequently be concluded in notarial form; — an agreement between the mortgagor and the mortgagee to foreclose on property out of court; — power of attorney for transactions requiring notarial form; - power of attorney issued by way of subpoena; — a will, including one containing a testamentary refusal or a testamentary assignment; Notarized, there must be the consent of the spouse for the other spouse to carry out a transaction to dispose of real estate, as well as a transaction requiring notarization and state registration.

The obligation to notarize transactions for the purchase and sale of land shares has been canceled

Article 24.1 was introduced into the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” (hereinafter referred to as the Registration Law) by the Federal Law of December 29, 2010 No. 435-FZ “On Amendments to Certain legislative acts of the Russian Federation regarding improving the turnover of agricultural land."

The turnover of agricultural land is regulated by Federal Law No. 101-FZ of July 24, 2002 “On the turnover of agricultural land” (hereinafter referred to as Law No. 101-FZ). According to paragraph 1 of Article 15 of Law No. 101-FZ, a land share is a share in the right of common ownership (an ideal share in the right of ownership without determining its location on the ground, expressed in the manner established by law) on land plots from agricultural lands that arose during the privatization of agricultural land before the entry into force of Law No. 101-FZ. Features of the state registration of rights to these land shares are established by Article 24.1 of the Law on Registration, according to the second paragraph of paragraph 3 of which (as amended by Federal Law dated 07/03/2016 No. 351-FZ “On Amendments to Article 24.1 of the Federal Law “On State Registration of Rights to Real Estate” property and transactions with it" and Article 42 of the Federal Law "On State Registration of Real Estate"), the provisions of paragraph one of paragraph 1 of Article 24 of the Registration Law (on notarization of transactions for the alienation of shares in the right of common ownership of real estate) do not apply to alienation transactions land shares. State registration of rights to other real estate objects that are in common shared ownership, including land plots belonging to any other category of land, or land plots allocated in accordance with the procedure established by Law No. 101-FZ on account of land shares, is carried out in accordance with Article 24 (taking into account also Article 30) of the Registration Law, according to which transactions for the alienation of shares in the right of common ownership of real estate, including the alienation by all participants of shared ownership of their shares in one transaction, are subject to notarization. Thus, if we are not talking about a land share in the sense of Article 15 of Law No. 101-FZ, but, for example, about a land plot formed when it was allocated on account of land shares and is in the common shared ownership of persons on account of whose land shares it was formed, the share in the ownership of which, accordingly, is alienated, then such an alienation transaction appears to be subject to notarization in accordance with the requirements of paragraph 1 of Article 24 (taking into account also Article 30) of the Registration Law.

Mandatory notarization of real estate transactions in 2021

State registration of the above transactions was carried out if, from a legal point of view, everything was in order with the agreement and the attached documents.

Now the responsibilities for analyzing and checking the relevant documentation fall on the notary performing the certification. Thus, if registration of rights by Rosreestr is carried out on the basis of notarized documentation, the registration procedure will take up to 3 working days following the day the registrar receives the documents.