Procedure and documents for registration of ownership of an apartment with a mortgage

Documents for registration of new building ownership

The purchase of housing in a new building can be carried out in two ways - by concluding an agreement for shared participation in construction and by purchasing and selling a ready-made object. In the first case, by concluding an agreement with the developer, citizens acquire the right to claim a share in an apartment building. After putting the house into operation, the finished apartment is transferred, corresponding to the size of the specified share. When purchasing an apartment in an actually built building, a sales contract is concluded.

Registration of ownership of an apartment in a new building occurs by contacting the Rosreestr service or through the system of Multifunctional Centers. To do this, citizens must submit the following forms:

• identification documents of citizens: passport, and for children under 14 years of age, birth certificate;
• equity participation agreement registered in Rosreestr;

• an extract from the Unified State Register of Real Estate confirming the registration of the equity participation agreement;

• act of acceptance and transfer of residential premises, executed by the shareholder and the developer;

• technical plan for a finished apartment (if the apartment is not registered in the cadastral register);

• a payment document confirming the transfer of the state duty (in 2021, the fee for registering a right is 2,000 rubles);

• application for registration of property rights (when submitted through the MFC, a specialist fills out the application independently in the window).

If registration is carried out through a representative, it is necessary to issue a power of attorney at a notary office.

The deed of transfer is of particular importance, since only with its presence can the residential premises be registered as property. This act is drawn up after the completion of construction work and the developer receiving permission to put the house into operation. The signing of the act may be delayed if, when accepting housing, the shareholder noted the inadequate quality of the apartment or its equipment (we will discuss the consequences of the identified deficiencies below).

Registration of rights to finished housing is possible only after completion of construction. If a purchase and sale agreement for a finished apartment is concluded, the developer must submit an act to the commission on the acceptance of the apartment building and its commissioning. It is also the responsibility of the developer to carry out cadastral registration of the newly constructed building. For this purpose, a technical plan is prepared for an apartment building, as well as for each residential premises.

When registering the rights to the first apartment in the house, permission to put the house into operation is provided. For subsequent registration of rights to other apartments, this is not required, since all the necessary information will already be at the disposal of Rosreestr.

After concluding an agreement on shared participation in construction, citizens can assign this right to third parties for a fee. To do this, an agreement on the assignment of the right of claim is drawn up, which is also registered with Rosreestr. Accordingly, upon receipt of finished housing, registration of property will be carried out on the basis of an assignment agreement. The execution of an assignment of rights agreement is allowed before the signing of the transfer deed between the original shareholder and the developer. From the moment the deed is executed, such actions will be impossible, and the current shareholder will be able to register ownership.

Procedure

To register ownership, the buyer of housing must go through all the stages:

1. Collection of documents. You will need not only title papers, but also documents from the bank, because the apartment is pledged.
2. Payment of state duty. Its size is 2 thousand rubles. Based on some innovations, it is now possible not to provide a payment receipt. But in practice, this rule is not used so often, so it is better to confirm payment when contacting the registration authority.
3. Send to the multifunctional center and submit papers.
4. Obtain documents confirming the registration of property rights.

If there are any problems with the documents (for example, errors or missing required papers), the applicant will be informed about this. The procedure will be suspended until the violations are corrected.

Then, when a mortgage has been issued for an apartment in a new building, the developer has certain obligations. Therefore, it will not be possible to register ownership until:

• issue a technical certificate for the building;
• draw up a transfer and acceptance certificate for the new building;
• obtain permission to operate the building;
• carry out the registration procedure;
• receive and assign a postal address to the house.

As soon as the developer carries out these actions, the procedure for registering ownership can begin.

Detailed instructions for decorating an apartment

Registration of ownership of residential premises occurs according to the rules set forth in Federal Law No. 214-FZ and Federal Law No. 218-FZ. The first stage will be the transfer of the finished apartment by the developer and the signing of the transfer and acceptance certificate. This procedure proceeds as follows:

• within the time period specified in the share participation agreement, the developer notifies the shareholder about the completion of construction and the need to accept the finished housing - the notification is sent no later than a month before the due date under the agreement (or 14 days before the agreed date for the start of the transfer);
• the transfer of the apartment can only be carried out after the house has been put into operation and the relevant certificate has been received;
• After receiving the notification, you have 7 days to accept the apartment;
• during the acceptance and transfer of residential premises, the developer and the shareholder draw up a bilateral act, which indicates the following information - the date of transfer, the main parameters of the apartment, other information by agreement of the parties;
• if the shareholder has no complaints regarding the quality of the residential premises, one copy of the act is issued to each party.

If there is a complaint about the quality of the constructed housing, a statement of non-conformity is drawn up. In this case, the transfer deed will be signed only after all deficiencies have been eliminated.

After receiving permission to put it into operation, the developer can register the apartment building in the cadastral register and register ownership. For this purpose, cadastral work is carried out, which ends with the preparation of a technical plan of the building, technical plans for each residential premises, as well as floor plans of apartment buildings with each apartment reflected on them.

Although the transfer deed indicates the main characteristics of the apartment, when registering ownership rights, cadastral information will be used in relation not only to the residential premises, but also to the apartment building. It is also necessary to take into account that simultaneously with the registration of an apartment in a new building, citizens acquire the right of shared ownership of the common property of an apartment building.

Who can apply for registration of ownership of an apartment in a new building? Potential owners may include:

• citizens who have entered into an agreement for shared participation in construction with the developer, including using mortgage funds;
• citizens who received the right to claim under an assignment agreement from the original shareholder;
• citizens who entered into a purchase and sale agreement with the developer after the house was put into operation.

You can submit documents for registration of rights at any time after signing the transfer deed; the law does not establish time limits.

Registration actions are carried out in accordance with Federal Law No. 218-FZ according to the following rules:

• documents are submitted by the shareholder to the MFC or the Rosreestr service in person or through a representative by proxy;
• At the same time, the cadastral registration and registration procedure for the apartment is carried out, as a result of which the residential premises will receive a unique cadastral number, and the shareholder will have ownership rights;
• after completion of this procedure, an extract from the state register of the USRN is issued, which is currently the appropriate document of title.

The timing of registration actions depends on the method of application. When applying through Rosreestr, the specified period will be 10 days, and through the MFC - 12 working days. The date of receipt of the completed documents will be indicated in the receipt that citizens will receive upon application.

Expert commentary . The law establishes only the deadlines for accepting the apartment and signing the act. There are no specified deadlines for applying for registration of property rights. However, it must be taken into account that without registration with Rosreestr it will be impossible to register in the apartment, and any transaction will be prohibited.

Presentation of documents on repayment of the previous mortgage to the new bank

Having covered the mortgage in the previous credit institution, they bring a certificate confirming this fact to the new one. This is followed by the removal of the encumbrance and re-registration of the collateral when refinancing the mortgage at the MFC.

The first bank takes all the documentation that is required to remove the encumbrance from the apartment:

• mortgage;
• a copy of the power of attorney for the bank employee who marked the early repayment of the mortgage debt, marked by a notary;
• certificate of interest paid in full.

The term for preparing a mortgage varies in each financial institution. So, in Sberbank it is a day, in VTB - up to 14 working days, in Otkritie Bank - 3-4 days. This point is important, since during the entire waiting period you will have to pay increased interest from the new lender.

Having received all the papers, they are sent to the MFC to submit an application to Rosreestr to cancel the encumbrance. The procedure lasts up to 7 days. Upon receipt of the notification, they come to the MFC and pick up an extract from the Unified State Register of Real Estate, which indicates the fact of withdrawal of the mortgage. Now there are no obstacles to registering a refinancing transaction with a second bank and registering a mortgage with the MFC.

You can verify that your first mortgage loan has been repaid by calling the toll-free Rosreestr hotline. It is enough to inform the operator of the application number indicated in the receipt. Another way is to visit the Russian State Register online resource (there should be no marks in the “Encumbrance” line).

Difficulties in registering ownership of an apartment

The main risks when investing in shared construction are related to the dishonest behavior of the developer:

• delays in completion of construction;
• poor quality of finished residential premises;
• refusal of the developer to hand over a complete set of documents for registration of rights;
• developer bankruptcy.

In each of the above cases, registration of ownership may be delayed indefinitely.

If the developer systematically violates the construction deadlines, the shareholder can expect to pay a penalty. A significant delay in construction will be grounds for termination of the equity participation agreement and recovery of invested funds from the developer. Extension of the deadline for delivery of a finished object is permitted upon written notification of the shareholder and receipt of his written consent.

If deficiencies are identified during the transfer of the finished apartment, the developer is obliged to eliminate them in full. To do this, a statement of non-compliance is drawn up indicating all the deficiencies in the apartment. Delays in eliminating deficiencies, as well as the developer’s refusal to satisfy the shareholder’s legitimate claims, are also grounds for termination of the contract or recovery of damages.

If the developer refuses to provide the documentation necessary to register ownership, the following measures can be taken:

• send a written request to the developer to provide documents (for example, to obtain a copy of the permit to put the house into operation);
• apply to the court with a claim for recognition of ownership rights - during the process, any documents can be requested upon a judicial request.

The judicial act will be the basis for registration actions in Rosreestr, this corresponds to the norms of Federal Law No. 218-FZ,