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Last update: 01/27/2020

Question:

In what cases can Rosreestr suspend the registration of the right (or transfer of the right) of ownership of real estate? When can registration be refused? How does this threaten participants in apartment purchase and sale transactions?

Answer:

Probably everyone knows that a real estate purchase and sale transaction is considered completed only after its state registration . More precisely, the transfer of ownership under the purchase and sale agreement from the Seller to the Buyer is registered.

But it also happens that after submitting documents (for example, on a transaction for the sale and purchase of an apartment) to Rosreestr, the registrar suddenly suspends the process of registering rights . This right is given to him by law (FZ-218, dated July 13, 2015).

The same law lists the grounds on which the registrar can suspend refuse it altogether . What could prompt him to such a cunning action? Let's explain now.

Rosreestr and registration of an apartment purchase and sale transaction - terms, conditions, state duty, documents.

Grounds for suspension of state registration of rights

The law provides an exhaustive list of grounds for suspending the process of registration of rights. In particular, they relate to both the registration of the purchase and sale of an apartment on the secondary market, and the registration of the Equity Participation Agreement (PDA) on the primary market.

Suspension of state registration of rights to real estate (apartment) may occur by decision of the registrar on the following grounds:

there are contradictions between the declared rights and already registered rights;
all documents required for registration have not been submitted;
the submitted documents are not genuine or the information contained in them is unreliable;
the form and content of the documents do not comply with the legislation of the Russian Federation (for example, there is no essential condition of the Apartment Purchase and Sale Agreement);
the registrar did not receive the information that he requested for registration purposes through interdepartmental channels (for example, he did not receive a response from the Federal Tax Service, the Federal Migration Service or from the notary chamber);
there is no consent of a third party to a real estate transaction where such consent is necessary (for example, the consent of a spouse for the sale of an apartment, or the consent of the creditor bank in a mortgage transaction);
there is a legal dispute regarding the rights to the property that is the subject of the mortgage;
the property has been seized or prohibited from performing certain actions with it (for example, a ban on alienation);
when selling a share in the right of common shared ownership, there is no refusal of the remaining participants in shared ownership to purchase this share, and a month has not expired from the date the seller notified the share to the remaining participants in shared ownership;
when registering an Equity Participation Agreement (EPA) on the primary market, it turns out that the developer company did not make the required contributions to the Compensation Fund for Shared Construction;
there are contradictions between the information about the property contained in the documents submitted for registration and the information contained in the unified real estate register (for example, the area of the apartment does not match according to the documents and according to the Unified State Register of Real Estate).

In addition, registration may also be suspended by court decision ..

These are the most likely reasons why registration of documents in Rosreestr may be slowed down. The full list of grounds for suspending the process of registration of rights in real estate transactions consists of 55 points, which are listed in subparagraphs 1–55, paragraph 1, article 26, Federal Law-218 dated July 13, 2015.

By the way, for the same reasons, not only the process of registering property rights is suspended, but also the process of registering real estate objects with cadastral registration .

And so that the participants in the purchase and sale of an apartment (for example) are aware that the registration of their transaction has been slowed down, Rosreestr is obliged to send them a notice of suspension of registration of property rights , indicating all the reasons why this suspension occurred (clause 5, art. 29, FZ-218).

exactly how (in what way, in what form) this notification will be sent to the participants in the transaction directly at the place where documents for registration are accepted.

How do alternative transactions with apartments take place? What is the procedure there? – see the link.

Reasons for suspending registration due to real estate

If an application is submitted for registration of rights to an object that is not real estate.
When crossing the boundaries of the land plot for which they want to register ownership, with the boundaries of another land plot, about which information is already contained in the Unified State Register of Real Estate.
If the created property does not correspond to the type of permitted use of the land on which it is built. Or does not comply with urban planning regulations in the case when the person who is the legal owner of the land plot has the right to choose the type of permitted use of the corresponding land plot without approvals and permits.
If the property is built on a plot of land that was not provided or transferred in order for the corresponding facility to be built on it.
If the object is seized by a judicial act or an act of an authorized body.
If a room in a communal apartment is sold to an outsider, and the application for registration of rights is not accompanied by documents confirming the refusal of the owners of other rooms in this communal apartment to purchase the room being sold, and a month has not expired from the day when the seller notified other owners of rooms in the communal apartment about the sale of his room .
If there are contradictions in the information about the object, which is indicated in the submitted documents for registration, and in the information of the Unified State Register of Real Estate concerning the corresponding object.
and other grounds specified in the law.

If we try to generalize the grounds for suspension, then it may be that the information in the documents does not correspond to the information of the Unified State Register. In addition, violation of land boundaries, failure to provide necessary documents, etc.

Registration suspension period

The deadlines for suspending state registration of rights to real estate are specified in the same law (paragraphs 2–8, Article 26, Federal Law-218 of July 13, 2015).

In general, the period of suspension of registration of rights lasts until the reasons for this suspension are eliminated, but no more than 3 months.

In particular cases, the timing of suspension of registration of rights may differ, for example, in the following situations:

If the registrar has not received a response to a request made by him through interdepartmental channels, then the maximum suspension of registration can be no more than 1 month.
In the event of a sale of a share in the ownership of real estate, registration may be suspended for a period of up to 1 month from the date the seller notifies the remaining participants in the shared ownership.
In the event of a legal dispute regarding property rights, the period of delay in registering rights will last indefinitely until the dispute is resolved by the court.

And what will happen after the expiration of these suspension periods? Everything is simple - either registration will be renewed , or registration will be refused (see below about this).

What mistakes do participants in transactions for the purchase and sale of apartments on the secondary market make - see in this section.

Refusal of state registration of property rights

Refusal of state registration of ownership rights to real estate can occur only after suspension of registration, and only if the reasons for this suspension are not eliminated within the period specified by law (see above). This is directly stated in Article 27, Federal Law-218.

By the way, it is better for sensitive people to know in advance that if registration of ownership rights to an apartment is refused, fee will not be returned. And there is no need to make a scandal in this case, that is the law.

If the reasons for suspending the registration of rights are eliminated , the registration process is resumed .

By “eliminating the causes” we usually mean providing the registrar with additional information that will dispel his doubts and calm his frayed nerves. Participants in a transaction for the purchase and sale of an apartment, for example, can provide him with individual documents, certificates, extracts, agreements - everything that he asks for to confirm newly emerging property rights.

Why do you need a receipt for receiving money for a sold apartment? What must it contain for it to have legal force? See the Glossary at the link.

Resumption of registration of property rights after suspension

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.

These are the most likely reasons why registration of documents in Rosreestr may be slowed down. The full list of grounds for suspending the process of registration of rights in real estate transactions consists of 55 points, which are listed in subparagraphs 1–55, paragraph 1, article 26, Federal Law-218 dated July 13, 2015. By the way, for the same reasons, not only the process of registering property rights is suspended, but also the process of registering real estate objects with cadastral registration.

And so that the participants in a transaction for the purchase and sale of an apartment (for example) are aware that the registration of their transaction has been slowed down, Rosreestr is obliged to send them a notice of suspension of registration of property rights, indicating all the reasons why this suspension occurred (clause 5, art. 29, FZ-218).

What to do if registration was suspended in order to correct this and achieve state registration of the right? To find out the reasons, it is necessary to find out on what grounds there may be a suspension, by whom and for what period of time it is carried out, what actions are taken by Rosreestr and the applicant himself to eliminate the reasons that served as the basis for the suspension. It is also useful to know some common mistakes when registering rights to various types of real estate, which lead to the suspension of state registration of property rights. The legislation and legal literature only considers the suspension of state registration for all types of rights.

As soon as the applicant eliminates the reasons why the registration was “frozen” (provides missing documents, corrects errors in the application, etc.), registration of property rights will resume. It must be borne in mind that the period of the process from the moment of resumption will necessarily include the period before the suspension. The renewal date is calculated from the moment the missing document is submitted. It is indicated on the admission receipt. If the suspension was carried out on the initiative of one of the applicants, then its renewal will directly depend on the initiating applicant. He must submit an application to the MFC or Rosreestr with a request to resume the procedure. From this moment the registration process resumes. If the suspension of registration of property rights was carried out on the initiative of the state registrar, then once the reasons have been eliminated, there is no need to submit an application.

Suspension of registration of rights upon application

The law allows participants in real estate transactions to slow down the registration of property rights on their own . To do this, any of the participants in the purchase and sale of an apartment writes an application for suspension of state registration of rights and submits it to Rosreestr (in person or through the Rosreestr portal - see link below).

If the process of registering the transfer of rights under the transaction has not yet been completed, then registration is suspended on the basis of such an application. The applicant must indicate the reasons for such suspension, and indicate the period of the desired suspension, but not more than 6 months .

This opportunity is given to transaction participants only once. And if the purchase and sale of an apartment involves a mortgage loan, then the application must be joint from both parties to the transaction, accompanied by the written consent of the creditor bank.

If the applicant then does not submit a new application for renewal of registration , then the registrar, after the established 6 months, makes a decision on completing the registration or refusing it .

The period for registration of rights, in case of suspension, is interrupted. And after resumption it starts counting again.

Suspension of registration of rights in a declarative manner is established by Article 30, Federal Law-218.

In addition, upon a joint application of the participants in the apartment purchase and sale transaction, registration of property rights on the basis of the agreement may be terminated completely. To do this, everyone unanimously writes an application for termination of state registration of rights on the basis of an agreement, and for the return of documents without state registration of rights (for example, due to force majeure circumstances). This possibility is regulated by Article 31 of the same law.

can suspend registration at the request of a participant in a transaction (and resume it after suspension) on the Rosreestr website - here (checkbox at the bottom of the list).

Suspension of registration of an apartment purchase and sale transaction.

At this stage there are two options for events:

First. This is the case when the applicant himself or the applicants (if there are several of them) are to blame for the suspension. For example: there are not enough documents, the state duty has not been paid, etc. For this reason, it is necessary to eliminate the shortcomings with your own hands within 1 month, since this is the period for the basic “freezing” of registration. If you cannot cope with the correction within 30 days, then be sure to write a corresponding application to the registration state agency, then the organization will extend the suspension to 3 months (in rare exceptions - even longer). After eliminating the shortcomings, the registration procedure will resume, and if the previously specified deadlines are missed, the government agency will issue a refusal to register property rights.

And if the purchase and sale of an apartment involves a mortgage loan, then the application must be joint from both parties to the transaction, accompanied by the written consent of the creditor bank. If the applicant then does not submit a new application for renewal of registration, then the registrar, after the established 6 months, makes a decision to complete the registration or to refuse it. The period for registration of rights, in case of suspension, is interrupted. And after resumption it starts counting again. The picture is slightly different when registering mortgage housing - in this situation, the suspension of registration of rights, as well as its renewal, occurs after the submission of a general application. A mandatory application requires the written consent of the credit institution. Conclusion Registration of property rights is a mandatory procedure that crowns the acquisition of real estate after its purchase, receipt as a gift or inheritance. Refusal of this process entails the impossibility of carrying out any kind of transactions with the acquired real estate, be it an exchange, sale or subsequent inclusion in a will. Therefore, if any obstacles arise that prevent the state registrar from successfully completing the registration, it is necessary to eliminate the reasons for the suspension as soon as possible. Then the owner will be able to fully take possession of the acquired real estate.

Read more: How to correctly write a power of attorney to receive a salary

When else may registration of property rights not take place?

There are a couple more options when the documents submitted for registration of an apartment purchase and sale transaction may not be registered. The same law (FZ-218) calls these cases as follows:

Return of the application and documents without consideration (Article 25, Federal Law-218), and
Refusal to accept documents for state registration of rights (clause 15, article 18, Federal Law-218).

In the first case, the reasons for returning documents without consideration (after accepting them from the applicant) may include, for example, the following incidents:

discrepancy between the format of electronic documents submitted for registration and the established format (if documents are submitted through the Rosreestr website);
presence of erasures, additions, etc. on paper documents submitted for registration (if documents are submitted in person through the MFC, for example);
if the registrar, within 5 days after accepting the documents for registration, did not receive through its internal channels information about the payment of the state fee for registration, and the receipt of the state fee was also not presented by the applicant (therefore, it is better to always provide it, although the law allows the applicant not to do this);
if the application for registration was submitted by an authorized representative of the owner of the apartment, while the owner himself prohibited (through Rosreestr) from making transactions with the apartment without his personal participation;
if the applicant forgot to sign an application for state registration of rights to real estate (was nervous, for example).

In the second case, the reason for refusing to accept documents for state registration of rights is completely ridiculous. This provides for the only case when the applicant, when submitting documents for registration, refuses to present his passport.

It is difficult to imagine what should be going on in the head of such an applicant, however, our legislators wisely provided for just such a case.

You can monitor the progress of registration on the Rosreestr website using the case number (here). This number is indicated on the receipt that is given to the applicant when receiving documents for registration.

What to do, if…? Help and support on the Rosreestr website is here. Frequently asked questions about the functioning and services of the Rosreestr portal, and contacting the portal’s technical support.

Suspension of registration of an apartment purchase and sale transaction.

The process will resume automatically from the moment the missing document is submitted/the existing ones are corrected. Removing the Reasons for Suspension Once the applicant has been issued a notice of suspension of title registration, the reasons must be eliminated before the process can be resumed.

if the registrar, within 5 days after accepting the documents for registration, did not receive through its internal channels information about the payment of the state fee for registration, and the receipt of the state fee was also not presented by the applicant (therefore, it is better to always provide it, although the law allows the applicant not to do this);
if the application for registration was submitted by an authorized representative of the owner of the apartment, while the owner himself prohibited (through Rosreestr) from making transactions with the apartment without his personal participation;
if the applicant forgot to sign an application for state registration of rights to real estate (was nervous, for example).

In the second case, the reason for refusing to accept documents for state registration of rights is completely ridiculous. Business lawyer Suspension of registration of property rights: reasons and procedure in case of occurrence Suspension of registration of property rights is a rather complex procedure, the feasibility and timing of which are determined depending on the basis for “freezing” the transaction with property at this stage. Most often, the reason for the suspension in the registration process is an incomplete package of documents, which are often presented in a large list and are extremely difficult to collect. 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.