Prior right

We collect a package of documents

All documents for registering ownership of real estate in Rosreestr are prepared by the owners or their representatives. The package of documents depends on the type of property, as well as the method of taking ownership. In the case of individual construction, registration is carried out by the owner of the property or his representative, in apartments on the primary market, while the preparation of documents is carried out by the developer, and directly when registering a transaction for the alienation of the property, by a notary. If the transfer of ownership occurs without direct participation (this is possible by law), then you can use the help of specialists. The new owner receives full control of the property only after registration is completed.

Registration of property rights is a bureaucratic procedure, so many owners prefer to delegate these powers to intermediaries. For individuals registering houses, apartments or country buildings, ownership of real estate may be associated with a transfer from the seller, testator or donor, or primary (during the construction of a house). Papers you will need:

• documents identifying the parties or their representatives, and notarized powers of attorney, if the owner acts through representatives;
• statement;
• documents confirming the right to real estate;
• cadastral passport with technical description;
• receipt after payment of state duty;

The information stand contains details and tariffs for all payments, and on the Rosreestr website there are samples of documents and applications.

When registering a contract for the purchase and sale of an apartment, the state duty is paid by both parties in equal parts, and when registering the transfer of ownership of the housing, the state duty is paid by the buyer.

Registration is carried out on the basis of:

• cadastral passport;
• the title document may be an agreement for the exchange of housing, acceptance as a gift, or purchase and sale;
• certificate of inheritance rights;
• the court's decision.

If there are no buildings on the site, a corresponding certificate is attached to the package. The parties to the transaction draw up a transfer deed in a simple form. If the property is joint, the kit must be supplemented with a notarized consent of the spouse. During the initial registration, Rosreestr is provided with a resolution issued by a local government authority on the issue of transferring the site into ownership. When registering houses, the list can be supplemented by a technical passport.

Country houses - dachas - are registered according to a simplified scheme ─ by declaration, without the participation of the BTI. The owner of the dacha fills out a special form, indicating all the necessary characteristics.

DOCUMENTS FOR REGISTRATION OF PROPERTY RIGHTS AND LAUNCH OF THE REGISTRATION MECHANISM

The list of documents for registering property rights is clearly established by paragraph 4 of Article 18 of Law No. 218-FZ:

• Documented grounds for registration of rights and (or) cadastral registration;
• Identification documents of the applicant;
• Consent of a third party if necessary;
• Other documents established by Russian legislation.

But documents alone are not enough, at the initial stage it is necessary that the application be recorded in the BTI : if the property belongs to an individual, then this citizen must submit an appropriate application, but in the case where the copyright holder is a legal entity, an agreement is drawn up between two organizations. But both versions of requests must contain information about the need to conduct a technical inventory.

In this situation, it is performed by a combination of three actions:

1. Measurement of all buildings on the territory specified in the application or agreement;
2. Checking permits for construction or redevelopment of objects;
3. By checking the location of each structure on the site diagram with the house plan.

Next, the rights are registered in Rosreestr, the function of which is currently performed by the Bureau of Technical Inventory. This measure is provided for by the Temporary Regulations established by Order of the Ministry of Justice of 2002 No. 7/5.

Features of apartment privatization

Registration of rights to an apartment is the most common procedure for individuals in Rosreestr. When registering a transaction on the secondary real estate market in a standard situation, the new owner should already have all the necessary documents:

• technical passport (provided by the former owner of the apartment);
• document establishing the right to housing;
• act of acceptance and transfer of an object;
• spouse's consent (if necessary).

Rosreestr may also require additional documents, a list of which will be provided by a specialist when processing the information received.

About the timing of real estate privatization

According to the current legislation, the deadlines for registering ownership of real estate are determined within a calendar month from the date of submission of documents; if the procedure is delayed, you can appeal the actions of the registration service in court. By the way, the time allotted for the procedure is counted from the moment of submission of the last document requested from the list.

The deadline for free registration of residential premises has been extended by the state until March 1, 2015, which is especially important for those who are receiving apartments now - veterans, military personnel, orphans from orphanages.

APPLICATION FOR REGISTRATION OF PROPERTY RIGHTS

As a result of the BTI's decision on registration, the BTI employee representing the applicant in Rosreestr must draw up an application for registration of property rights. When submitting this application, you must fill out the form established by Order of the Ministry of Economic Development of Russia No. 9 dated 15/08/2015.

This form consists of four pages and contains 20 sections. The first 13 sections of the application contain information about the applicant, the body to which the application is sent, information about the property and other nuances of obtaining a certificate of registration of property rights. Points 15 and 17 indicate agreement with certain conditions. Next, the applicant’s signature, a transcript of the applicant’s signature and the date of filing the application are indicated in the appropriate section - sections 18-19.

About intermediaries in matters of registration of housing rights

For those who do not have the opportunity or desire to go through the authorities, there are many offices offering intermediary services - drawing up a specific list and collecting all the necessary documents, comfortable conditions for concluding a transaction, free legal advice, drafting contracts, short registration periods, representation of interests in the Russian Register of Estonia or support and guarantee of the entire transaction, “turnkey”, as well as resolving legal issues regarding the re-registration of real estate. Prices for services are reasonable and depend on the stage at which the company is connected to registration; full legal support is guaranteed to both private and corporate clients.

Registration of an apartment from the primary market

The most time-consuming option, requiring special attention, is the initial registration of ownership of newly built real estate. Its peculiarity is that the subject of the transaction itself is not yet in the unified state register. In order to add a new building to the register according to all the rules, you will need the following documents:

• topographic survey;
• BTI registration certificate;
• building permit;
• design documentation;
• commissioning resolution;
• resolution on assignment of a postal address.

After the state commission and BTI accept the house for operation, the developer prepares documents for each specific apartment. They register ownership on their own in the name of the future owner of the apartment and hand over to the client a ready-made package of documents. This service may be included in the price of the apartment or at an additional cost.

If in the primary market the registration of ownership is carried out by the future owner of the property, in addition to a passport and a receipt with payment of the state duty, he will need an equity investment agreement and an acceptance certificate (signed with the developer). Along with the application, the owner of the apartment transfers the package to Rosreestr; if there are no errors in the documents, after a month the owner becomes the full owner of the property.

PROCEDURE FOR REGISTRATION OF PROPERTY RIGHTS

The BTI must correlate all provided documents and declared rights with all legally established requirements. This procedure includes checking the documents provided, issuing a power of attorney or other document confirming the right to conduct this case in place of the applicant. The bureau also analyzes documentation establishing rights, registrations and other inconsistencies that may lead to denial of registration.

The next step is to check that there are no contradictions between existing property rights and the declared ones, as well as checking the authenticity of contracts that cannot be notarized.

After this, the BTI makes a decision on whether property rights will be registered. This requires approximately 14 days from the date of submission of the full package of documents, and the period of inventory work is not included in this time period. If a decision is made to refuse registration, it is documented, indicating the date, place and reason. The refusal must be certified by a BTI employee, his boss, as well as a seal.

Property registration: legal entities

There is no particular difference in registering documents for a private person or a legal entity ─ documents are submitted and processed in the same way, but their list may be longer. In addition to standard papers that are related to the object, the owner’s documents must be submitted to Rosreestr. For legal entities, this may be copies of the charter and state registration certificate, certified by an authorized representative of the company itself. The set of documents depends on the type of activity of the company and its form of ownership. The documents are submitted to Rosreestr by a representative who has the right to sign or acts by proxy.

Judgments related to real estate

Disputes related to real estate are common. Spouses in the process of divorce, relatives who did not share the inheritance, co-owners of a company or just neighbors. Recognition of ownership rights to real estate in court is carried out in situations involving a dispute or division of property, if a voluntary resolution of the issue amicably is impossible. Persons who consider themselves to be the owners of private residential or commercial real estate, and the right to the object in the Unified State Property Register is registered in the name of other owners, have the right to file a claim for recognition of their rights to real estate. The result of such litigation may be in the form of a court decision that deprives one of the owners of ownership of the property in favor of the other. Such a decision, as well as other title documents, is subject to mandatory registration, since state registration of real estate is the only legal evidence of the registered right to residential or commercial real estate. Evasion of state registration of ownership of real estate entails recognition of the transaction as invalid or incomplete; the owner of the property has no legal rights to it.

The size of the state duty for registering ownership of real estate depends on the types of registration actions, as well as the form of ownership ─ from 200 rubles. for an individual, up to 15,000 rubles. for legal.

GROUNDS FOR REFUSAL TO REGISTER PROPERTY RIGHTS IN BTI

Based on the list of required documentation and the procedure for its consideration, we can draw a conclusion about the possible reasons for the refusal. These may be the following situations:

• Non-compliance of documents with legally established requirements;
• The presence in the documentation of contradictions between acquired rights and currently existing ones;
• Lack of some necessary documents;
• etc.

Also, most problems in registering property rights arise due to illegal construction or redevelopment, so such actions must be carried out legally.