Accelerated state registration of rights to real estate.
According to Article 131 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the right of ownership and other real rights to immovable things, restrictions on these rights, their occurrence, transition and termination are subject to state registration in the unified state register by bodies carrying out state registration of rights to real estate and transactions with her. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by the Civil Code of the Russian Federation and other laws.
The body carrying out state registration of rights to real estate and transactions with it (hereinafter referred to as the state registration body) is obliged, at the request of the right holder, to certify the registration by issuing a document on the registered right or transaction or by making an inscription on the document submitted for registration.
The procedure for state registration of rights to real estate and the grounds for refusal to register these rights is established by Federal Law No. 218-FZ “On state registration of rights to real estate and transactions with it.”
According to Article 13 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” during state registration of rights to real estate and transactions with it, in particular, a legal examination of documents, verification of the legality of the transaction (except for a notarized transaction) and establishment of the absence contradictions between the declared rights and already registered rights to real estate, as well as other grounds for refusal of state registration of rights or its suspension in accordance with the said Federal Law.
Article 16 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” provides that if the right arises on the basis of a notarized transaction or other notarial act performed by a notary, the notary may perform a notarial act by filing an application for state registration of the right .
In accordance with the Fundamentals of the legislation of the Russian Federation on notaries (Article 86.2; hereinafter referred to as the Fundamentals), the notary who certified the transaction, issued a certificate or made an executive inscription on the retention of the pledged property by the pledgee, on the basis of which the right to real estate or a transaction with it is subject to state registration , at the request of persons applying for the performance of the relevant notarial act, submits an application for state registration of rights to real estate and transactions with it, attaching other documents necessary for carrying out registration actions to the state registration authority. Unless otherwise agreed with the persons applying for a notarial act, the notary who performed the notarial act receives documents issued by the state registration authority and transfers them to the specified persons.
The documents necessary for submitting for state registration of rights to real estate and transactions with it are presented to the notary by persons applying for a notarial act.
The procedure for submitting documents for state registration is established by the above-mentioned Federal Law “On State Registration of Rights to Real Estate and Transactions with It” (Article 16).
When signing an application for state registration of rights to real estate and transactions with it, as well as carrying out other actions provided for in Article 86.2 of the Fundamentals, the notary acts on his own behalf in the interests of the persons on whose behalf and on whose behalf the notarial act was performed. The powers of a notary provided for in Article 86.2 of the Fundamentals are exercised without a power of attorney.
In the case of submitting an application for state registration of rights to real estate and transactions with it, with the attachment of other documents necessary for carrying out registration actions, to the state registration authority in accordance with Article 86.2 of the Fundamentals in electronic form, the notary who performed the notarial act receives the documents issued by the state registration authority state registration, in electronic form and issues them to the person who applied for the performance of the corresponding notarial act, at his request, in electronic form or in the form of documents on paper by certifying the equivalence of documents on paper to electronic documents.
For performing a notarial act of submitting documents for state registration of rights to real estate and transactions with it, the notary charges a notarial fee in the amount of 1,000 rubles (clause 12.5 of part 1 of article 22.1 of the Fundamentals).
The notary fee for certifying the equivalence of a document on paper to an electronic document is 50 rubles per page of a document on paper (clause 12.3 of part 1 of article 22.1 of the Fundamentals).
It should be noted that when submitting an application by a notary in cases where the right arises on the basis of a notarized transaction or other notarial act performed by a notary, an application for state registration of rights and other documents necessary for state registration of rights can also be submitted to the relevant state registration authority by the employee a notary who has written confirmation of his authority to submit applications and other documents necessary for state registration of rights, issued by a notary and sealed with his signature and seal.
The application for state registration of rights and other documents necessary for state registration of rights submitted by a notary or his employee in these cases are accepted by the state registration authority or multifunctional center on the day of application and are considered within the period established by paragraph three of paragraph 3 of Article 13 of the Federal Law “On State registration of rights to real estate and transactions with it.”
As a general rule, state registration of rights is carried out within ten working days from the date of receipt of the application and documents required for state registration, unless other deadlines are established by federal law (clause 3 of Article 13 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” ").
However, notaries are given priority right to register the transfer of rights to real estate on the basis of notarized documents.
Thus, state registration of rights on the basis of notarized documents is carried out no later than within three working days following the day of receipt of the application and documents required for state registration. State registration of rights on the basis of notarized documents presented in the form of electronic documents, electronic images of documents and an application for state registration of rights submitted by a notary in electronic form is carried out no later than within one working day following the day of receipt of documents necessary for state registration of rights , and the said statement.
Thus, for the state registration of rights on the basis of notarized documents, a shortened period has been established.
land plots, subsoil plots and everything that is firmly connected to the ground, that is, objects the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, unfinished construction objects, as well as parts of buildings intended to accommodate vehicles (machines) -places). Immovable property also includes aircraft, sea vessels and inland navigation vessels subject to state registration. an agreement on the pledge of real estate, under which one party - the pledgee, who is a creditor under an obligation secured by a mortgage, has the right to receive satisfaction of his monetary claims against the debtor under this obligation from the value of the pledged property of the other party - the mortgagor, preferentially before other creditors of the mortgagor, with exceptions, established by current civil legislation. land plots, subsoil plots and everything that is firmly connected to the ground, that is, objects the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, unfinished construction objects, as well as parts of buildings intended to accommodate vehicles (machines) -places). Immovable property also includes aircraft, sea vessels and inland navigation vessels subject to state registration. an official authorized by the state who has the right to perform notarial acts on behalf of the Russian Federation in the interests of Russian citizens and organizations (legal entities). A legally significant action performed by a notary or an authorized official in accordance with the Fundamentals of the legislation of the Russian Federation on notaries. actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.
PRESENTATION OF DOCUMENTS FOR THE STATE REGISTRATION
In accordance with Article 86.2 of the Fundamentals of the legislation of the Russian Federation on notaries:
The notary who certified the transaction, issued a certificate or made an executive inscription on the pledgee's retention of the pledged property, on the basis of which the right to real estate or a transaction with it is subject to state registration, at the request of persons applying for the performance of the corresponding notarial act, submits an application for state registration rights to real estate and transactions with it, with the attachment of other documents necessary for performing registration actions to the rights registration authority. Unless otherwise agreed with the persons applying for a notarial act, the notary who performed the notarial act receives an extract from the Unified State Register of Real Estate certifying the state registration of the emergence or transfer of rights to real estate, documents issued by the rights registration authority, and transfers them to the specified persons .
The documents necessary for submitting for state registration of rights to real estate and transactions with it are presented to the notary by persons applying for a notarial act.
In the case of submitting an application for state registration of rights to real estate and transactions with it, with the attachment of other documents necessary for carrying out registration actions, to the rights registration authority in accordance with this article in electronic form, the notary who performed the notarial act receives the documents issued by the rights registration authority, in electronic form and issues them to the person who applied for the performance of the corresponding notarial act, at his request, in electronic form or in the form of documents on paper by certifying the equivalence of documents on paper to electronic documents.
Thus, a notary can, at the request of persons applying for certification of an agreement, issuance of a certificate of the right to inheritance or execution of an executive inscription, transfer documents for registration to Rosreestr in the following ways:
— by personally visiting Rosreestr (registration of transfer of ownership/property rights, transactions — 3 business days)
— in electronic form using your electronic digital signature (EDS) (registration of transfer of ownership/property rights, transactions — 1 business day).
In accordance with Article 86.3 of the Fundamentals of the legislation of the Russian Federation on notaries
The notary, who has certified the authenticity of the signature on the application, notification or message about the state registration of a legal entity, individual entrepreneur (hereinafter referred to as the application), at the request of the person applying for the relevant notarial act, submits the application and other necessary documents in the form of electronic documents to the body carrying out state registration of legal entities and individual entrepreneurs, in accordance with Federal Law of August 8, 2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”.
The notary who has performed the notarial act receives documents issued by the body carrying out state registration of legal entities and individual entrepreneurs in the form of electronic documents, and issues them to the person who has applied for the relevant notarial act, at his request, in the form of electronic documents or in the form of documents on paper based on certification of the equivalence of documents on paper to electronic documents.
Thus, a notary, at the request of individuals (individuals, as well as representatives of legal entities), can submit the necessary documents to the tax authority for registration using his qualified electronic digital signature (EDS), and then issue documents (Sheet, records, Charter, certificates, etc.) .p.) received from the tax authority after registration actions have been completed.
