From what moment does ownership of an apartment in a new building arise?

The buyer of real estate under an equity participation agreement, in fact, is granted only the right to purchase property in the future , since the residential premises themselves are under construction.

In 2021, there have been changes in shared-equity construction: transactions for the purchase of apartments in new buildings will now be carried out through escrow accounts, which may result in a decrease in the number of developers and an increase in the cost of housing. Read more…

And even after paying in full, receiving the keys to the apartment in the finished building and moving into it, he does not yet become the full owner of the purchased property. This will happen only after state registration of ownership rights to the apartment and receipt of the relevant document.

This procedure is preceded by the need for the developer to fulfill certain conditions and prepare a package of relevant documents.

Registration of property rights is carried out on the basis of the rules and regulations regulated by the following legal acts:

Conditions for registering ownership of an apartment under a shared participation agreement

After completion of construction work, the development company must perform a number of actions to ensure that buyers are able to register their rights to apartments purchased under an equity participation agreement:

drawing up a protocol on the distribution of residential premises and commercial space (if the building contains shops, office or other non-residential premises);
registration and receipt from the BTI of a technical passport for the constructed building, which indicates the number of floors and layout of the house, its total footage and the footage of each individual apartment and other premises;
signing the acceptance certificate of the property and obtaining permission to put it into operation, issued by the relevant authority;
registration of a residential building with Rosreestr;
assigning him a postal address.

Features of registering ownership of an apartment in a new building

In relations with the developer at the stage of shareholders taking ownership rights, two scenarios are possible:

the construction company assists buyers in collecting the necessary documents to register their ownership rights to housing purchased from it under equity participation agreements,
she obstructs them or is inactive in resolving this issue.

In the first case, registration of property is carried out in a general manner , in the second - through the court .

After putting a residential building into operation, the developer transfers the apartments to shareholders. This happens in the presence of both parties to the contract by inspecting the residential premises, checking the operation of all communications, signing the acceptance certificate and handing over the keys to the apartment to the owner, who must subsequently receive a cadastral passport for it with a plan diagram.

Since January 2013, the cadastral registration of an apartment building by the developer is carried out simultaneously with each room in it.

In this regard, shareholders themselves no longer need to order a cadastral passport .

But, often, the developer, for various reasons or for no reason, delays the registration of a cadastral passport for the finished object. In this case, apartment owners who are interested in registering their property rights as quickly as possible are forced to first order technical plans for residential premises from the BTI, and then, together with applications, transfer deeds and share participation agreements, contact Rosreestr to register apartments on registration and issuance of cadastral passports.

If the housing was purchased on credit, then it is necessary to prepare a mortgage document or a loan agreement, and if it was purchased for a minor, then obtain permission from the guardianship and trusteeship authority.

Documents for registering ownership of an apartment according to DDU

According to paragraph 11 of Art. 48 Federal Law dated July 13, 2015 No. 218-FZ, to register ownership of an apartment acquired under an equity participation agreement, the following documents are required:

passport of a citizen participating in shared construction;
agreement on shared participation in the construction of a residential building;
an apartment acceptance certificate or other document confirming its transfer to the participant;
permission to put into operation the apartment building in which the apartment is located;
a receipt confirming payment of the state duty .

In special cases you may need:

birth certificate, if housing is registered for a minor child;
a mortgage on an apartment or a loan agreement (if housing is purchased on credit);
power of attorney to represent the interests of the shareholder, certified by a notary;
notarized consent of the spouse to conclude a share participation agreement by the other.

Documents for cadastral registration of an apartment

To register real estate with the cadastral register, the owner will need a package of documents, which includes:

The owner's civil passport (copies will have to be submitted, so it is better to immediately have them certified by a notary, or do it right at the point of submission).
Technical passport of the object + plan (both are obtained from the BTI - the local Bureau of Technical Inventory).
Documents of title to the apartment (this could be a purchase and sale agreement, deed of gift, exchange or rent agreements, certificate of inheritance, etc.).
Paid receipt of state duty.

The completed package is accompanied by a statement from the property owner - a special completed form.
In principle, there should be no difficulties with any of the above papers. Unless ordering and receiving a technical passport and plan is a special procedure, which also involves filing an application and a number of subsequent steps. A certain amount of time will pass before such documents are prepared and handed over to the owner. You will also have to pay for inspecting the property and taking the necessary measurements.

You also need to consider the following:

an apartment in a residential building purchased on the secondary market is subject to immediate cadastral registration (immediately after the conclusion of the transaction);
Housing in a new building can be entered into the state register only after the entire house has been put into operation.

The procedure for registering ownership of an apartment under a shared participation agreement

Ownership of housing acquired under a shared participation agreement can be registered in two ways :

entrust the registration of the developer company;
do the registration in person.

In the first case, this service is paid ; you will also need to pay at the notary’s office for the execution of a power of attorney in the name of the construction company’s lawyer. It is quite possible that the registration procedure will take much longer than if you contact the registration service yourself.

If the shareholder decides to engage in state registration of property rights on his own , then for this he needs to contact directly the Rosreestr or the MFC (multifunctional center).

The registration procedures are identical. Documents are accepted in the presence of all apartment owners and a representative of the construction company - the developer.

First, the registrar fills out an application for registration , which includes data identifying all owners of the property, the address of its location and technical characteristics, as well as a list of documents submitted for registration of property rights. After which the application is signed by the applicant or applicants, if there are several.

A separate application is also filled out by the seller of the property, in this case, the developer’s representative.

When accepting documents for registration of property rights, the registrar issues a receipt of their acceptance, which indicates the date of registration of the corresponding right. At the appointed time or at any other time after this date, the homeowners are returned their copy of the share participation agreement with the registration inscription and the apartment acceptance certificate.

From this moment on, the former shareholders become the full owners of the acquired property with the right to dispose of it and perform any non-illegal actions.

Registration of an apartment with maternity capital

Children are entitled to a share in new housing if maternity capital was used when purchasing real estate in a new building. It is necessary to allocate a share when registering property rights - this is a requirement of the guardianship authorities.

If the property was purchased with a mortgage and at the time of registration of ownership it has not been repaid, it is necessary to obtain permission from the bank and guardianship authorities. The bank must agree to the allocation of shares in the collateral real estate, and the guardianship authorities must agree to pledge the children’s shares.

Registration of property rights for children under 14 years of age occurs upon the application of the parents. Children over 14 years old can sign the application themselves with parental consent.

The amount of the state duty is divided in the same amount in which the shares were distributed. For example, if the shares are registered equally among four family members, then the state duty will be 500 rubles. per person. You need to pay with different receipts on behalf of each family member.

Deadline for registering ownership of an apartment under a shared participation agreement

The legislation establishes a 7-day period (clause 1 of Article 16 of Federal Law No. 218), during which employees of the registration service are required to register ownership of any real estate, including an apartment acquired under an equity participation agreement.

Within the specified period, the following actions are generally carried out:

acceptance of an application for state registration of rights;
legal examination of submitted documents,
checking their authenticity, the legality of the transaction,
identification or exclusion of circumstances that impede the registration of ownership rights to a given property;
entering the necessary information into the Unified State Register of Real Estate (USRN);
issuance of documents with a registration inscription on a contract or other title deed (in the future, if necessary, the owner can receive an extract from the Unified State Register of Real Estate for his property, which is issued when applying to Rosreestr or the MFC from the beginning of 2021).

It is important to know that the period is calculated in working days and is counted from the day the documents are submitted for registration.

Often this deadline is not met , and this may be due to the verification of the documents provided, or depend on the number of owners of the purchased property, the availability of a mortgage loan and other factors.

In this case, in order to comply with the legality and validity of such violations of the deadline in paragraph 2 of Art. 26 Federal Law dated July 13, 2015 No. 218-FZ provides for a 3-month period for suspending the registration of rights to eliminate the reasons.

State duty when registering ownership of an apartment under a shared participation agreement

The basic rule that every applicant needs to know when applying to the registration service is that the state fee is paid before submitting an application for registration of ownership of an apartment, otherwise the registrar will not accept the application with the remaining documents.

Only if the application is submitted electronically , the fee is paid after its submission, but before the documents are accepted for consideration.

The state duty is charged in accordance with the Tax Code of the Russian Federation. Its size is determined by Art. 333.33 of the Tax Code of the Russian Federation and for registering ownership of an apartment acquired by an individual under an agreement for participation in shared construction of a residential building is 2,000 rubles.

If there are several future owners, then the fee is divided between them in proportion to their share in the ownership of the apartment.

Example

The married couple P., their two adult children and the wife's mother, several years ago entered into an agreement for shared participation in the construction of an apartment building with the goal of subsequently purchasing a four-room apartment as common shared ownership of 1/5 share for each. After completing construction and putting the house into operation, the family decided to independently apply to Rosreestr to register ownership of the purchased property.

For performing this legal action, clause 22 of Art. 333.33 of the Tax Code of the Russian Federation provides for the payment of a state duty in the amount of 2000 rubles. Therefore, before submitting an application, each of the owners must pay the specified mandatory fee, in proportion to their share in the ownership of a four-room apartment, that is, 400 rubles.

pay the state duty at any banking institution, ATM, or in cash directly at the registering authority’s cash desk.

Let's sum it up

So, to successfully register ownership of housing in a new house, the following conditions must be met:

Completion of construction of a new building and commissioning of the house.
State registration of the object.
The potential owner has the necessary documents to register ownership of an apartment in a new building.

If these conditions are met, registration will proceed quickly and the owner of the property will receive all rights to the apartment. The main problem, as a rule, is related to the fact that the developer did not submit the necessary documentation for registration in a timely manner or did not register ownership. In this case, the homeowner can wait for the developer to complete the documentation or go to court.