What to do if registration of ownership of an apartment, land or other real estate is refused

Real estate (land or construction projects), as the most valuable type of asset, has always had a special status and enhanced legal regulation.

In accordance with the laws of the Russian Federation, the disposal of such assets is subject to mandatory state registration. This applies to property in 100% of cases - any changes should be reflected in the Register. Other rights (for example, rent, free use) are subject to registration only for transactions for a period of more than one calendar year.

Violation of the specified procedure for making transactions entails refusal to accept documents and re-register rights.

Reasons for refusal

The main reasons for refusal and return of a package of documents (or suspension of state registration) are the following grounds: 1) The applicant does not have rights to the property, as well as the lack of appropriate authority (if the applicant acts on behalf of the copyright holder by power of attorney or other legal basis - for example – Notary for inheritance matters). 2) The emergence of a conflict of rights (for example, when the applicant asks to register a right under a document for which the right has already been registered) or making an entry will entail a violation of the legitimate interests of other participants in civil legal relations - owners, tenants, etc. 3) This right is not subject to registration at all (for example, if you submit a lease agreement concluded for 11 months, since by law only contracts for a period of one year or more are registered). 4) The application is not accompanied by all the documents required by law required for state registration, which will also entail a corresponding refusal, which will have to be appealed. Or such documents are unreliable, inappropriately certified, or even falsified (in this case, criminal liability may also follow). 5) Incorrectly prepared documents in form or content. 6) One of the grounds for refusal of state registration of property rights is the receipt of a negative response (or no response at all) by the Registration Authority to INTERDEPARTMENTAL REQUESTS (when the Registrar takes on the function of collecting a number of documents by sending them to the relevant authorities - BTI, Federal Tax Service Inspectorate, Ministry of Internal Affairs and etc.). 7) There are registered encumbrances on real estate, such as a pledge or a mortgage, or someone has already applied for registration for this object. There is a court decision to take interim measures in relation to the disputed object - this may be a ban on registration actions or their significant restriction. 9) If the basis for the acquisition (alienation) of a right other than real estate is an act of a state authority, which is declared INDEPENDENT in court or issued in excess of the authority of an official (for example, signed by the Deputy, when the signature of the Manager is required). 10) If the contract is declared invalid (it was concluded with significant violations or is imaginary, feigned or illegal). 11) If state registration requires the consent of third parties - other owners, parties to the agreement, etc. and if such consent was not attached to the package of documents during registration. 12) When this is not real estate at all , it includes non-permanent buildings: barns, barns, hay barns, etc. 13) The purpose of the property (building, structure) does not correspond to the permitted use of the land (this happens when, for example, residential premises, administrative buildings and other unapproved things are built on agricultural lands in violation of the law). 14) Quite extensive grounds for refusal of state registration of property rights are PROBLEMS WITH LAND, which, by their nature, can: - overlap and intersect with other areas and zones, settlements, forests, parks, etc.; — there is no allocation of land for development (regulatory and permitting documentation); - access (passage) for its intended use has not been created - so-called easements are not provided; — the deadline for the land plot plan (cadastral, boundary plan) has expired. 15) In relation to the registered property, there is a legal dispute about the rights to it or regarding foreclosure under other transactions. 16) There are contradictions in the materials and the Unified State Register.

Grounds for refusal of state registration of rights - reasons and rules for appeal

The main consequences of refusal of state registration include the lack of title documents for the land. Consequently, you will not be able to dispose of the land plot, i.e. carry out various types of transactions.

To restore your rights as an owner, you will need to appeal the decision of the government body, because Often the refusal is given unfounded or given due to a technical error.

Refusal to state registration of a land plot can be appealed in court. Which court should I go to? It all depends on who is the owner of the land - a legal entity or an individual. From this it is decided whether the issue of refusal of state registration will be considered by a court of general jurisdiction or an arbitration court.

The statement of claim itself is filed at the location of the property itself. Disputes about refusal of state registration do not require mandatory pre-trial procedures, so there is no need to file claims and complaints to higher authorities. In this case, you will only waste time, and it is already limited, because you can appeal the refusal within three months. This does not mean that you will not be able to resolve the issue peacefully by concluding a settlement agreement.

In the statement of claim, you must indicate not only your demands, but also correctly substantiate them, using all regulatory legal acts that are appropriate to your case, and also attach title documents and the refusal received from the state registrar of rights. No state fee is charged for filing a statement of claim due to a refusal of state registration of a land plot.

Upon successful registration of property, Rosreestr employees make a corresponding entry in the state register. And the owner of an apartment or land plot receives a certificate confirming his ownership.

In case of refusal of registration, the owner must be explained the reasons and confirm them with the help of regulations. The person, in turn, has the opportunity, after correcting errors, to submit documents a second time. Or file a lawsuit. Registration authorities may also suspend the procedure for registering property by immediately notifying the applicant.

As for the refund of the state duty, if the registration authority refuses to carry out the procedure, the amount paid will not be returned to the applicant. If registration of ownership was terminated at the initiative of the owner, then only part of the amount is returned, or rather 50%.

Newly registered property is entered into the Unified State Register.

This issue in our country is handled by the only state body called Rosreestr, or the Federal Service for State Registration, Cadastre and Cartography.

It's fast and free!

After a preliminary review of the submitted documents, they will be accepted for verification and registration itself, which legally establishes the ownership of the registered property.

If the reliability of the submitted documents does not raise any questions, and additional certificates and documents are not requested, the applicant for registration is given a receipt stating when and what documents were accepted with a list of them, and the date of issue of the certificate of ownership is also indicated.

The period for registering ownership rights to real estate in Rosreestr is currently 10 working days, but in some cases this can take up to 14 calendar days.

If we talk about the procedure for registering property rights to real estate, then it can all be divided into the following stages:

1. Submission of the prepared package of documents to the territorial office of Rosreestr.
2. Checking the submitted documents for accuracy and compliance with the laws of the Russian Federation.
3. Checking the correctness and legality of title documents.
4. Checking the correspondence between registered and claimed rights.
5. Making a registration record in the Unified State Register.
6. A notation on registration in the title documents of the property owner.
7. Issuance of a certificate of ownership to the owner of the registered property.

We invite you to read: Is it necessary to register a lease agreement for non-residential premises? Types of leases and features of their design

Despite this, legislation and legal practice provide for other grounds for carrying out such a procedure. It is the reasons for the suspension and the essence of this event that will be discussed in today’s material.

Any reason that directly or indirectly indicates the incorrectness of the transaction from the point of view of law can be considered grounds for suspension of registration of property rights.

The basic list of grounds on which government agencies rely when rendering a verdict to “freeze” the registration process is listed in Article 19 of the law “On State Registration of Rights to Property and Transactions with It.”

Having summarized the provisions of the legislative act, it seems possible to identify a fundamental list of those grounds that are applicable regarding the suspension of registration of property rights in the Russian Federation.

So, the basic list of such reasons is as follows:

• the initiator of the “freezing” has strong arguments in favor of the fact that the registration is carried out in violation of the procedure specified in the current legislation;
• the authenticity of the documentation submitted by the applicant is in question;
• the contents of the documents raise doubts about their reliability on the part of authorized persons;
• the package of papers is not complete and requires additions;

List of legislative reasons. Photo No. 4

• the information presented in the submitted documents is not enough to carry out state registration;
• the registration procedure was duplicated, that is, several persons claim the registered property right;
• the parties to the transaction themselves asked to suspend the registration process due to certain circumstances;
• the object of the registered right already has an official owner;
• after the applicant submitted the documents, the object of the registered right was arrested or encumbered by a decision of the court and other authorized organizations.

As practice shows, suspension of registration of property rights is not such a common occurrence. This is largely due to the fact that when submitting documents, employees of the same Rosreestr or MFC carefully review all the papers and, if there are any discrepancies with the standards, ask the applicant to eliminate them in a pre-registration manner, so to speak.

However, it is important to understand that if there are compelling reasons, “freezing” the registration process is possible at any stage. The main thing in this procedure is full compliance with the norms of current legislation.

(as amended as of February 27, 2021)

(as amended as of April 6, 2021)

________________* Name as amended, put into effect on July 13, 2021 by order of the Ministry of Economic Development of Russia dated April 6, 2018 N 165..

1) notifications about the suspension of state cadastral registration and (or) state registration of rights (Part 7 of Article 29 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”) (hereinafter referred to as the Law);________________ Collection of Legislation of the Russian Federation, 2015, N 29, art. 4344; 2021, N 1, Art. 51.

2) notifications of refusal in state cadastral registration and (or) state registration of rights and rights subject to issue in accordance with the Law after the implementation of state cadastral registration and (or) state registration of rights of the original documents submitted by the applicant (Part 7 of Article 29 of the Law);

3) notifications of termination of state cadastral registration and (or) state registration of rights and documents submitted for state cadastral registration and (or) state registration of rights (Part 6 of Article 31 of the Law);

4) notifications of participants in shared ownership about changes made to the Unified State Register of Real Estate (USRN) regarding the size of their land shares (Part 9 of Article 47 of the Law);

5) notifications to the mortgagee about the issuance of an electronic mortgage (Part 5 of Article 53 of the Law); (Subclause as amended, put into effect on July 13, 2021 by Order of the Ministry of Economic Development of Russia dated April 6, 2021 N 165.

6) notifications about the state registration of the right of ownership of a subject of the Russian Federation or a municipal entity to a land plot or land share (due to the renunciation of the right of ownership to such a land plot or such land share, part 5 of Article 56 of the Law);

7) notifications about correction of a registry error in the case specified in Part 7 of Article 61 of the Law (Part 8 of Article 61 of the Law).

1) by sending an electronic document using web services in the case of submitting an application and documents attached to it in the form of electronic documents, electronic images of documents using web services;

2) by sending a link to an electronic document posted on the official website of the Federal Service for State Registration, Cadastre and Cartography on the Internet information and telecommunications network (hereinafter referred to as the official website), to the email address(es) specified in the application if the application is submitted and documents attached to it in the form of electronic documents, electronic images of documents through public communication networks, the official website;

How to appeal?

At the suspension stage, the decision of the Registration Authority (related to cadastral registration) can be appealed in accordance with Art. 26.1 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities”. This norm provides for mandatory appeal to the “Appeal Commission”, which is an authorized body under the Rosreestr Office in the relevant region. An appeal to the court to appeal the refusal of state registration of property rights is possible ONLY AFTER THE CONSIDERATION OF THE DISPUTE by the said Appeal Commission.

If you are denied registration of ownership of real estate, then this decision should be appealed in accordance with the provisions of Chapter 24 of the Arbitration Procedure Code. This opportunity is more suitable for legal entities, since the arbitration court considers commercial disputes arising between legal entities and individual entrepreneurs, although sometimes individuals also participate in disputes.

It follows that the document itself - the decision to refuse (the registrar's act) will have to be appealed in an administrative manner regulated by the Code of Administrative Proceedings (CAC).

But the right that is included in the register can be challenged only in the judicial authorities, as stated in Article 1 of the Law on State Registration of Real Estate Transactions.

The reader has probably noticed contradictions and confusion in jurisdiction; how can you determine WHICH COURT SHOULD HEAR YOUR CASE?

To put it simply, the document itself (the registrar’s act) on the refusal to register a right must be appealed to a court of general jurisdiction using an administrative claim (we use the CAS), and a dispute about rights to real estate (to establish a right or basis, to deprive a right, to establish a fact of legal significance) should appeal to the same court (citizens) or to arbitration (legal entities and individual entrepreneurs), but guided by the Civil Code. Hence the frequent refusal to accept a statement of claim to appeal the refusal of state registration of property rights due to VIOLATION OF JURISDICTION . Despite the fact that judicial practice speaks unequivocally - legal entities must resolve this issue in arbitration courts (appeal ruling of the Krasnodar Regional Court dated November 22, 2016 in case No. 33a-29921/2016).

Appeal

Legal nature of refusal of state registration of property rights
Grounds for refusal of state registration of rights

The difference between refusal of state registration of a substation and refusal to review documents

In what form is a refusal to register ownership of real estate issued?

How to appeal a refusal to register property rights

Jurisdiction of cases challenging the refusal of state registration of a substation

and the form of an administrative claim when appealing a refusal to state registration of a substation

Refusal to register ownership of real estate: law enforcement practice

By virtue of the current law, the state registration procedure is the only confirmation of the registered ownership (hereinafter - PS) of real estate (Law "On State Registration of Real Estate" dated July 13, 2015 No. 218-FZ, hereinafter - Law No. 218-FZ).

State registration of property rights for real estate is a state legal act that confirms the emergence/change/termination, etc. of rights to real estate.

The state registration service of a substation is provided in several stages:

• acceptance of documents based on an application;
• suspension (only in cases provided for in Article 26 of Law No. 218-FZ);
• state registration itself by making an entry in the appropriate register.

Law No. 218-FZ provides for a norm, the application of which may result in a denial of state registration of a substation (Article 27), namely: failure to eliminate the grounds for suspension of state registration. Consequently, refusal of state registration can be defined as a legal fact, which is an act of an administrative nature, which is based on the failure to eliminate the instructions of the registering authority.

At the same time, the disposition of Art. 27 is a reference, and the grounds for suspension are disclosed in Art. 26 of Law No. 218-FZ.

Thus, the grounds for suspension include the following:

• the applicant does not have rights to real estate;
• the right is not subject to state registration;
• an incomplete package of documents has been submitted;
• documents are not signed or signed by an inappropriate entity, are in an unspecified form, or are not authentic;
• the basis for state registration (transaction, act of a government agency) is invalid;
• the intended purpose of the land does not correspond to its use;
• it is impossible to establish an easement;
• there is a legal dispute regarding the mortgage;
• the location of the property does not match the address, etc.

The period for suspending state registration may be as follows:

• before the completion of state registration of a real estate transaction according to previously accepted documents for registration of the same object;
• 1 month, if documents are not submitted upon an interdepartmental request;
• 3 months - by decision of the state registrar;
• 6 months - one-time at the initiative of the applicant.

State registration will be denied if the circumstances that became the basis for suspension are not eliminated within the prescribed time frame.

Law No. 218-FZ also provides for cases when documents submitted for registration of a PS are returned without consideration (Article 25).

These cases include, in particular:

• discrepancy between the format of the application and documents submitted electronically and the standard form;
• the presence in the documents submitted in paper form for registration of additions, erasures, corrections that do not allow a correct interpretation of the content;
• lack of signature of the applicant;
• non-payment of state duty, etc.

The peculiarity of this procedure is that if documents submitted for registration are returned without consideration, the registering authority does not conduct an appropriate legal examination, which is carried out to determine the presence or absence of grounds for suspension or refusal of registration of the IP.

Refusal to state registration of a substation is carried out in a notification form. The procedure and methods for sending it are provided for by Order of the Ministry of Economic Development dated March 25, 2016 No. 173.

A notice of refusal to carry out state registration of a substation is sent to the applicant at the address specified by him. This document must contain justified (with reference to the regulatory act) reasons for the refusal. In some cases, along with the notification, the applicant receives the original documents submitted for registration.

Depending on the method of submitting the application, notification of refusal of state registration can be sent in 2 ways: on paper or electronically.

If the application for state registration was submitted electronically, the applicant may receive notification of refusal in one of the following options:

• in the form of an electronic document received using web services;
• as a link to an electronic document posted on the registrar’s official website;
• in the form of an electronic document received by email.

If the application for state registration was submitted on paper, the applicant may receive a notice of refusal:

• through a personal appeal to the registrar (on purpose);
• via postal mail.

Law No. 218-FZ directly provides for the possibility of appealing a refusal to state register a substation.

An appeal against a refusal is made according to the following rules:

• administrative proceedings (Chapter 22 of the Code of Administrative Proceedings of the Russian Federation) in a court of general jurisdiction - by individuals;
• consideration of cases challenging non-normative legal acts (Chapter 24 of the Arbitration Procedural Code of the Russian Federation) in an arbitration court - by legal entities.

Determining appropriate legislation and jurisdiction in the area of ​​challenging non-regulatory acts by organizations is not easy. The fact is that the division of competence between the courts of the arbitration branch and the general jurisdiction in this case occurs solely on the subject of the dispute (economic matters are considered by arbitration courts).

Today in practice it is believed that challenging registrar refusals by legal entities falls within the competence of arbitration courts (appeal ruling of the Krasnodar Regional Court dated November 22.

2016 in case No. 33a-29921/2016). At the same time, there are no guiding clarifications on this issue, as a result of which, when applying to one of the judicial bodies, a refusal due to lack of jurisdiction is not excluded.

There is no mandatory pre-trial procedure in this case.

To challenge a refusal of state registration, you must go to court/arbitration court with an administrative claim/application (respectively) to declare this refusal illegal.

This must be done within 3 months from the date of receipt of the refusal notice. If this deadline is missed for a valid reason, it can be restored by filing an application for reinstatement of the deadline.

Read more in the article Application for restoration of a missed procedural deadline - sample.

Let's consider the jurisdiction and features of challenging the registrar's refusal under the CAS of the Russian Federation. When challenging a refusal to register a PS within the framework of administrative proceedings, an administrative claim is filed:

• at the location of the registrar;
• if the location of the registrar does not coincide with the location of the territory under the latter’s jurisdiction, then to the court of the district whose territory is subordinate to the registrar (for example, the appeal ruling of the Moscow City Court dated September 26, 2016 in case No. 33a-35426/2016).

The procedure for acquiring or initially registering any property always ends with state registration.

If you are registering a commercial property, real estate, a desirable apartment or a plot of land, government authorities can always refuse registration.

But not everyone knows that it is possible to appeal this decision. After reading the current article you will become familiar with all the nuances.

Avoidance of legal norms when collecting documentation will only lead to problems when registering property. The list of reasons for refusal to acquire ownership of a land plot, real estate, apartment and other property is described by Federal Law No. 218-FZ, namely:

• The person has no right to this property;
• The required documents have not been submitted;
• The documents are not signed by the person who owns the land.

We invite you to familiarize yourself with: List of forms to fill out for permanent registration at your place of residence

If you are denied registration of property, you can immediately file a claim in court, appealing the decision of the government agency. You can first contact the head of the registration service with a complaint about the actions of his subordinates. In this case, the complaint is drawn up like a statement of claim.

If the applicant is a legal entity, then he files a statement of claim and carries out appeal procedures in accordance with Art. 24 of the APC, and if an individual - in accordance with the Code of Civil Procedure.

If the court finds that the plaintiff is right and confirms that he is the owner, the registration authority is obliged to complete the registration process in favor of the applicant and register the property.

If the claim is rejected, the government agency will not be able to formalize the transfer of property to the owner.

A court decision is implemented either according to the deadlines established therein, or immediately if the time frame for its implementation is not established.

An application to a local arbitration court against a registration authority must include five main parts:

• The header of the statement. In which it is necessary to indicate the name of the court, as well as the details of the applicant and the Rosreestr person against whom the claims are being made;
• Justification, in which it is necessary to indicate the reasons for disagreement with the decision of Rosreestr;
• Descriptive part. Contains details of infringement of the rights of the owner and refusal to register real estate or land;
• Reasoned requirements of the owner;
• Final part. It contains a list of attached documentation for registration of real estate or land.

The reasons for suspension and refusal of state registration of rights must be set out in the relevant decision of the registering authority. The court for registration of rights, in fact, examines the motives of the decision made by the state body.

For example, if the refusal is not motivated by the submission of documents necessary for state registration of rights (clause 5, part 1, article 26 of the law on state registration of real estate), then such a refusal may also be associated with a technical error by the applicant (they forgot to provide a document or did not know that you need to provide a document).

In this case, even in case of refusal, the applicant has the right to re-submit documents for state registration.

If necessary, the appeal commission requests from government bodies, including the rights registration authority, as well as from local government bodies, organizations and individuals (cadastral engineers), documents and materials necessary to make a decision based on the results of consideration of the application to appeal the decision to suspend and information.

The self-regulatory organization of cadastral engineers, of which the cadastral engineer who performed the cadastral work is a member, at the request of the appeal commission, free of charge within no more than ten working days from the date of receipt of the relevant request, ensures an examination of documents that are submitted to the rights registration authority and, based on the results of consideration of which by the registration authority rights, a decision was made to suspend, and a conclusion was prepared based on its results.

1. A person’s right to a property is not such in accordance with Federal Law No. 122.
2. A citizen does not have the right to submit documents for registration.
3. Real estate documents are not properly executed.
4. Papers confirming a person's ownership of a property are invalid.
5. The person who issued the title document to the owner did not have the authority to do so.
6. The person who issued this paper did not indicate any special limiting conditions.
7. The submitted documents do not contain information about the applicant's rights to this property.
8. The property owner provided an incomplete package of documents.
9. The property is already registered to another owner.
10. Property cannot be transferred to private ownership.

When should I appeal a refusal?

— The period for filing a complaint with the Appeals Commission is 30 (thirty) days. We remind you that such a commission considers disputes on a limited range of issues, leaving the lion's share to the judiciary. You can find out whether your situation falls under the jurisdiction of the Appeal Commission from the contents of Article 26.1 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities”. If you are at a dead end when determining jurisdiction, you can always ASK YOUR QUESTION to our real estate specialists, who will tell you where to file an application to appeal the refusal to state registration of property rights.

— The deadline for appealing a refusal to state registration of property rights is 3 (three) months from the moment you learned that your rights are being violated by something (for example, a decision) or by someone (the Registrar) under Article 219 of the CAS RF. This period is calculated from the confirmed moment of receipt by the interested party of a copy of the relevant act (decision to refuse registration, decision to suspend).

Appealing the suspension of registration of a right based on a judicial act

Having discovered a reason for suspending registration in the documents, the official may immediately refuse the applicant without giving time to correct the error. This is the right of the registrar, so sometimes owners have to either submit documents again or go to court.

1) in person when contacting the rights registration authority or the multifunctional center for the provision of state and municipal services to which the application was submitted; (Subclause as amended, put into effect on February 11, 2021 by order of the Ministry of Economic Development of Russia dated November 17, 2021 N 616.

2) by post to the address specified in the application.

1) by sending a link to an electronic document posted on the official website to the email address contained in the Unified State Register of Real Estate;

2) by sending a document on paper by post to the address contained in the Unified State Register, if there is no information about the email address of the copyright holder in the Unified State Register.

5. The notifications specified in subparagraphs 1, 2, 7 of paragraph 1 of this Procedure, when sent in the form of a document on paper, are prepared in the form in accordance with Appendix No. 1, No. 2, No. 3 to this Procedure, respectively.

2) by sending a text message if the Unified State Register contains information about the subscriber (mobile) number of the mortgagee and there is no information about the email address.

7. The notification specified in subclause 6 of clause 1 of this Procedure is sent by the rights registration authority to the relevant government body of the constituent entity of the Russian Federation or local government body, as well as to the person who submitted the application to renounce the right of ownership of a land plot or land share.

The notification specified in subparagraph 6 of paragraph 1 of this Procedure is sent by the rights registration authority to the person who filed an application for termination of ownership due to the renunciation of such right to a land plot or land share, in one of the ways specified in subparagraphs 1, 2 of paragraph 2 of this Procedure.

We invite you to read: What does dismissal by mutual agreement mean?

8. Links to the notifications specified in paragraph 1 of this Procedure posted on the official website must be available for the first pass for the purpose of viewing and downloading electronic documents within three months from the date the link was sent by the rights registration authority. Notifications must be available for viewing and downloading, including in a form suitable for human perception, within five working days from the moment of the first click on the link to such notices posted on the official website.

9. The day of sending the notifications provided for in this Procedure in the form of electronic documents is considered to be the date of sending by the registration authority of the rights of an electronic document or a link to such a document, specified in the details of the relevant document. The day of sending the notifications provided for in this Procedure in the form of documents on paper is the date specified in the details the corresponding document.

10. When sending notifications provided for by this Procedure in the form of electronic documents: notifications specified in subparagraphs 1-3 of paragraph 1 of this Procedure are certified by an enhanced qualified electronic signature of the state registrar of rights; notifications specified in subparagraphs 4-7 of paragraph 1 of this Procedure are certified by an enhanced a qualified electronic signature of the state registrar of rights or other authorized official of the rights registration body.

When sending the notifications provided for in subparagraphs 1-4, 7 of paragraph 1 of this Procedure in the form of documents on paper, the notifications specified in subparagraphs 1-3 of paragraph 1 of this Procedure are certified by the signature of the state registrar of rights, the notifications specified in subparagraphs 4, 7 of paragraph 1 of this Procedure - with the signature of the state registrar of rights or another authorized official of the rights registration body.

11. The content of the notifications specified in subparagraphs 1, 2, 7 of paragraph 1 of this Procedure, sent in the form of an electronic document, must correspond to the content of such notifications sent in the form of a paper document.

12. Notifications provided for by this Procedure in the form of an electronic document are sent in the format of an XML document created using XML schemas, as well as in the form of a file in PDF format. XML schemas used to generate such notifications in the form of an electronic document are considered entered into force after two months from the date of posting on the official website.

Appendix No. 1 to the Procedure and methods for sending by the registration body of rights notifications about the suspension of state cadastral registration and (or) state registration of rights, notifications of refusal of state cadastral registration and (or) state registration of rights and to be issued after the implementation of state cadastral registration and (or) state registration of rights of original documents submitted by the applicant, notifications on the termination of state cadastral registration and (or) state registration of rights and documents submitted for the implementation of state cadastral registration and (or) state registration, notifications of participants in common shared ownership of changes made to the Unified State Register of Real Estate regarding the size of land shares owned, notifications of the mortgagee about the issuance of an electronic mortgage, notifications of state registration of ownership rights of a subject of the Russian Federation or a municipal entity to a land plot or land share, notifications of correction of a registry error in the case specified in Part 7 of Article 61 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (As amended, entered into force on February 11 2021 by order of the Ministry of Economic Development of Russia dated November 17, 2017 N 616;

Is it possible to suspend the procedure for registering property rights? Photo No. 1

Suspension of registration of property rights is a set of measures, the adoption of which makes it temporarily impossible for a particular citizen to register his right of ownership of certain property.

In the legislation of the Russian Federation, the general principles of such a procedure are considered in a number of laws “On the registration of property rights...”.

According to their provisions, suspension can be initiated by:

• the applicant himself or their group, that is, the persons who organized the registration procedure;
• authorized organizations (usually Rosreestr and Federal services working on similar issues);
• third parties whose interests are affected by the registration process (the current copyright holder of the property, for example).

It is worth noting that initiation of suspension is possible on the part of the previously indicated persons only on the condition that they have compelling reasons for doing so. The latter are defined by the same legislative acts and are discussed in detail below.

The expediency and duration of the suspension are determined by special bodies. As a rule, they are represented by authorized employees of those government organizations where the registration of property rights is carried out.

At the moment, in the Russian Federation two bodies are involved in this procedure: Rosreestr and Multifunctional Centers (MFC). Having identified the need to suspend the registration procedure, these organizations undertake to notify the applicant about this. The notice must contain information about what triggered the suspension and for what period it applies.

Duration of suspension of registration of property rights. Photo No. 2

As a rule, the duration of freezing is from 1 to 3 months, less often – more.

It is important to understand that the basis for the suspension, that is, its reason, must be eliminated. Otherwise, government agencies have every right to refuse to register a citizen’s property rights upon expiration of the suspension period.

In most cases, the “freezing” of the procedure is provoked by the banal absence of some documents necessary for registration, or non-compliance with the standards of the papers already submitted. In such a situation, it is enough to eliminate all the shortcomings with the documentation and resubmit it to Rosreestr.

After this, as a rule, the registration procedure is carried out successfully and to the end, naturally, with the condition that there are no other grounds for suspending registration.

The second most popular reason for suspending the registration of property rights after incorrectly completed documentation is the initiative of the owner of the property in respect of which the registration process is being carried out.

If everything is very clear with the “freezing” for a “paper” reason, then the initiative of the copyright holder raises questions among many citizens. In fact, the suspension procedure in this case does not have any special subtleties or nuances.

As a rule, it is carried out in cases where the current copyright holder and the currently registered owner resolve among themselves controversial issues regarding the property being transferred into ownership that arose after submitting documents to the registration government agency.

Requirements for a claim

The statement of claim must contain the mandatory elements provided for by law - the name of the court, the name of the parties to the dispute, a list of materials attached to the statement, details of the disputed act (number, date) and the official of the body that adopted it. In addition to the above, the claim must contain a substantiated position regarding the illegality of the adopted act, a list of rights and interests violated by the actions of the Registrar with reference to the regulations governing these legal relations.

In other words: the stated requirements must be legal, justified and clearly formulated. The plaintiff can support his arguments with judicial practice that exists in this area and which can positively affect the outcome of the case.

Read more…