How to re-register an apartment after purchasing a secondary property?

Registration of ownership of real estate - transfer of ownership from the seller to the buyer.

After purchasing a home, the main task is to prepare the documents correctly. A certificate of ownership is the only evidence without which it is impossible to carry out further actions (sale, donation and inheritance of real estate). After receiving an inheritance or deed of gift, a citizen becomes the actual owner of the home. But the house needs to be re-registered immediately. Apartment prices are high, and scammers can take advantage of your lost time by depriving you of your treasured property.

The period for registering ownership of a purchased apartment in Rosreestr in 2021 was reduced by 2 times. What this is connected with and how long it will take to obtain housing, we will consider below.

User instructions

The property registration procedure has its own nuances. The citizen must complete the following actions:

• Make an appointment with a multifunctional center employee. This can be done by phone or on the official website of the organization. Another option is to visit the MFC in person.
• Prepare the necessary documents.
• At the appointed time, go to the MFC registrar and, with his help, fill out an application for registering the apartment with the cadastral register.
• Pay the state fee at the nearest terminal.
• Receive a receipt for documents acceptance. You can use its number to check whether the certificate is ready.

It is worth mentioning separately some of the nuances of the multifunctional center. The state fee can be paid directly at the MFC office. In addition, if necessary, employees can additionally advise the client on issues of interest.

State registration of transfer of ownership in Rosreestr

Registration of rights to real estate takes little time and does not require large expenses. Without completing this step, the buyer of the apartment will not become its legal owner, that is, he will not be able to dispose of it (sell, exchange, donate, bequeath or lease).

Ownership rights are registered in Rosreestr. To obtain this right you must:

1. Prepare a complete package of documents. The list of required documents, as well as the requirements for them, can be found on the Rosreestr website. Information can be obtained by telephone. Original documents and their copies are provided to the Registration Chamber.
2. Pay the state fee at the nearest bank branch. For information about the amount of the state duty, you should contact an employee of the MFC, Rosreestr in person or by phone.
3. Make an appointment in advance at Rosreestr or MFC. In large cities, an electronic queue has been introduced, so pre-registration is not necessary.
4. Come to the registration office. An authorized employee draws up a documentary inventory and issues a notification to the citizen. It indicates the date of receipt of the certificate of ownership and the case number (for more details, see the article: number in the certificate of registration of ownership). Knowing this number, you can find out at what stage the case is being considered.
5. Come to the registering institution within the period specified in the notification to receive the document. The certificate is issued upon presentation of the notification and passport. Starting from 2021, instead of a certificate, the owner is given an extract from the Unified State Register.

Since the beginning of 2021, it has been carried out according to the basic principles prescribed in Law No. 218 - Federal Law.

In particular, now in the Rosreestr body you can simultaneously not only register the rights to your real estate, but also put it on

(if the object, including

, was not included in the state cadastre lists).

Let us remind you that for this you previously had to additionally visit the cadastral chamber.

Without registration of a property or land in Rosreestr, ownership of it does not legally arise.

In addition, certificates confirming ownership of property have been abolished as documents. Instead, an extract from the Unified State Register of Real Estate is now issued.

It contains all the required information about both the rights to the object and its full cadastral data. In addition, from the extract you can obtain information about the encumbrances that apply to the property. These include collateral (mortgage), as well as arrest imposed by bailiffs.

To register rights to real estate, you must submit an application of the established form, documents according to which the property has passed into ownership (relevant agreement, certificate of inheritance, court decision, etc.).

If we are talking about a land plot, then materials on it are also provided.

We invite you to familiarize yourself with: Forfeit agreement form - sample

The person submitting documents for registration must provide his personal passport. When a representative acts on behalf of a citizen or enterprise, you will additionally need a power of attorney for him.

When ownership of real estate or land is transferred under an agreement, it is drawn up in triplicate. This is done because one of the originals remains at the disposal of Rosreestr.

The procedure for registering rights to real estate requires payment of a state duty, the amount of which is determined in Russian tax legislation. In particular, citizens will have to pay 2 thousand rubles. If an enterprise registers its property, the payment will be 22 thousand.

Please note that payment can be made after submitting the entire package of documents. 5 days are allotted for this. If at the end of this period of time the amount has not been received to the required details, the application with attachments will be returned.

In addition to rights, a number of agreements as such are also registered in Rosreestr. This list includes agreements on mortgages, shared participation in the construction of a residential building, rental of real estate and other transactions, the registration of which is provided for by current legislation. When such actions are performed, the corresponding mark is placed on the original contract in Rosreestr.

Separately, it is worth mentioning how the registration of ownership of a house takes place at the MFC after submitting the necessary documentation. If the employee has no doubt about the authenticity of the submitted documents, he will take them for registration, and the applicant will receive a receipt.

In the multifunctional center itself, ownership rights are not formalized. The received documentation is submitted for examination to Rosreestr.

If the specialists consider the list of submitted documents to be incomplete, they will suspend the transaction and ask the client to bring the missing papers. In addition, Rosreestr employees identified the following reasons for rejecting the transaction:

• Types of prohibitions on housing established by law (for example, arrest).
• Unreliability or falsification of the information provided (for example, an apartment of a deceased person can be registered only if an inheritance has been opened).
• Inaccuracies in documentation.
• Illegality of the transaction.

They gave an apartment as a gift - features of registering ownership rights to it

Registration of ownership of an apartment under a gift agreement is necessary. Of course, when both parties (the donor and the person to whom the apartment was donated) put their signatures on the agreement, it is concluded. But in order to obtain ownership of this apartment, a person must go through the procedure of registering the property received as a gift.

It is important to know that, starting from March 1, 2013, the registration of the gift agreement itself was canceled. That is, now you only need to register the transfer of the right to the apartment.

Necessary documents for this:

1. Applications from both the donor and the person to whom the apartment was donated regarding registration of ownership rights.
2. A receipt, which is confirmation of payment of the state duty.
3. Passports of the donor and the future owner of the apartment.
4. Donation agreement. Original and copy.
5. Cadastral passport, as well as a certificate from the BTI, where you can see the inventory assessment of the apartment.
6. A document that serves as evidence of the donor's ownership.
7. A certificate stating how many people were registered in this apartment at the time of donation.
8. Consent of the spouse, and notarized, if the apartment is their joint property.

There are some design nuances:

• Sometimes additional documents may be required;
• if an apartment is given to a child or an incapacitated adult, the written consent of a parent or other legal representative (guardian or trustee) is required;
• if a person decides to donate an apartment, which is not his personal property, but the property of several other people, a notarized consent of each owner is required;
• if not the entire apartment is donated, but only a share, the consent of all owners is not necessary. For example, the owners of an apartment are a husband and wife. In this case, the mother wants to draw up a gift agreement and give her share to her daughter; the father’s consent is not required.

How much money do you need to register a deed of gift?

In addition to the fact that registering ownership of an apartment includes collecting documents, you need to prepare for the fact that the donation procedure entails some expenses. In addition to paying the fee for notarization of the gift agreement (if it was concluded with a notary), you must pay the state fee for registering the right to property.

If you need notarized consent from other owners, this also requires expenses. And the most important expense is the gift tax. It does not need to be paid if the apartment is given to a close relative, for example, a grandmother gives it to her grandson. And if the donor and the recipient are distant relatives (cousins, uncle and nephew) or are not related to each other at all, you will have to pay gift tax. It is 13% of the cost of the apartment.

Required documents

The list of required documents depends on the nuances of the transaction. In any case, the following documents will be required:

1. Personal documents of the participants in the transaction.
2. Documents for the apartment being re-registered.
3. Documentation that serves as the basis for the transfer of property to the new owner.
4. Payment confirming payment of the duty.

As for the general rules, when filling out documents manually, you must write legibly. If the document is completed on a computer, it must be printed in a clear font. In addition, you must adhere to the filling format. Abbreviations, strikethroughs and corrections are not permitted. You cannot fill out documents in pencil.

By providing the Federal Registration Service (Office of the Federal Registration Service) with all the required documents, a citizen can speed up the process of considering the case and register property rights as quickly as possible. The list of documents depends on many circumstances, and therefore mandatory and additional documents are distinguished. List of required documents:

1. Application from a citizen with a request to register property rights. The application is filled out at the registration center on a special form. You can fill it out in advance by downloading the form on the official website of Rosreestr.
2. Citizen's passport and its copy certified by a notary.
3. A document that serves as the basis for the transfer of ownership of housing. Which document will be provided depends on the specific case. This may be an agreement of exchange, sale or gift; privatization agreement; DDU; certificate of inheritance and other documents.
4. The act of acceptance and transfer. The document is drawn up by a BTI employee in free form.
5. Extract from the house register. It contains information about citizens registered in the apartment.
6. Receipt for payment of state duty.

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If for any reason the owner of the property cannot register property rights on his own, he can issue a power of attorney to another citizen. In this case, the registrar needs to submit a power of attorney certified by a notary.

Additionally you may need:

• written consent of the spouse to the sale of jointly acquired property;
• cadastral passport;
• refusal of other heirs, certified by a notary;
• agreement with the bank if the apartment was purchased with a mortgage;
• permission from the guardianship authorities if one of the owners is a minor.

Documents are submitted to the registration center in 2 copies. Documents must be written clearly and the texts must not contain any abbreviations. If there are corrections in the documents, crossed out entries, additions, notes in pencil, this will be the reason for refusal to register real estate ownership.

Registration and documents. New buildings and secondary housing

In a new building, the apartment registration process is as follows:

1. After the state commission has accepted the constructed house, the person is given a transfer deed. The certificate confirms that the new apartment has no defects or flaws, and it complies with the parameters specified by the developer.
2. The Technical Inventory Bureau prepares a floor plan of housing and an explication of the apartment. Explication is a table that records the parameters of the apartment.
3. Documents are sent to the Federal Registration Register. There, their legal examination is carried out, and then the person receives a certificate of registration of his rights to real estate.

Required documents for registering ownership of an apartment in a new building:

• floor plan of a residential building and explication of all rooms and other residential premises of the apartment;
• agreement concluded with the developer;
• passport and copies of some of its pages. In addition to copies of significant pages of the passport, copies of other documents will also be required. But in what quantity to do them, you need to clarify directly where you will submit the package of documents. It is also very important that the documents are in good condition. That is, they should in no case be torn and they should not contain crossed out phrases or notes made in pencil;
• a receipt confirming that the person has paid the state fee. It is 1000 rubles. for individuals and 15,000 rubles. for legal entities;
• application from the new resident for registration of property rights;
• deed of transfer.

Documents for housing on the secondary market: registration of ownership

Perhaps you are buying property on the secondary market. In this case, to register ownership of an apartment, the list of documents is as follows:

1. Registration certificate. It confirms that the privatization was carried out precisely by the sellers of the apartment, and not by other persons.
2. Notarial agreements. You should definitely pay attention to the seals at the end of each contract. This can be either the personal seal of a private notary or the official seal of a state notary office. There must also be a round seal of the MPTI and a rectangular stamp (confirmation of registration).
3. Certificate from the Federal Registration Service. Thanks to it, you can understand that the apartment really belongs to the seller and is not under arrest.
4. Certificate from the district tax office. It states that the seller does not owe taxes to the state.
5. Passport.
6. An agreement that states the terms of sale and purchase.
7. Extract from the house register (about those living in this apartment).
8. A certificate confirming that the real estate seller has no arrears in paying for housing and communal services.
9. A copy of the financial and personal account.
10. Passports for the apartment.
11. A permit to sell housing issued by the public housing commission. It is required if citizens from the “risk group” live in the apartment. These include incompetent (or partially capable) citizens, disabled people of groups I and II, as well as those citizens who are registered in dispensaries due to mental illness or drug addiction.
12. If there are minor children in the apartment, a sales permit is required, which is issued by the guardianship and trusteeship authorities.
13. A certificate from the Department of Internal Affairs if a new passport was received (if the passport was replaced due to the dilapidation of the previous one).
14. If one of the owners has changed their last name during the ownership of the property, a marriage certificate is required.
15. Notarized permission to sell an apartment from the husband or wife, if the apartment being sold became property during the marriage.

Payment of state duty

Registration of ownership of real estate is no exception.

The amount of such a fee is established by the Tax Code of the Russian Federation. For registration of ownership of real estate, a fee is charged in the amount of:

• 2,000 rub. — for individuals;
• 22,000 rub. - for legal entities.

An important stage in registering ownership of an apartment through the MFC is paying a fee. The amount of tax depends on the status of the citizen owning the property. When submitting an application by an individual, the fee does not exceed 2 thousand rubles.

As for legal entities, they will have to pay a large amount. For them, the fee is 20 thousand rubles.

When transferring an apartment by inheritance, if the heir is a close relative of the applicant, an additional 0.3% of the value of the property must be paid. If the heir and the applicant are not related, you must pay a fee of 0.6%.

How to register a newly purchased property?

So, you purchased an apartment in a rented house (in a new building). There are three ways to register ownership of a new apartment:

1. Through the developer. Developers submit documents to the Federal Reserve System, and after a certain period of time they distribute to all new residents certificates of their right to property. Payment for this service may be included in the cost of housing or paid separately. This method has a significant disadvantage - the procedure can take a long time. After all, it may take several months until all the new residents give the developer the necessary documents. To avoid such a situation, carefully read the agreement that you will enter into when you transfer the right to process the certificate to your developer. If there is a clause in this agreement that people who are late in submitting documents are forced to pay a penalty, most likely everything will be in order. There will be no delays in obtaining the certificate.
2. The most economical option for registering ownership of an apartment in a new building is to do it yourself. But it is suitable for those people who have a lot of free time to submit documents. Often the developer refuses to issue the entire required package of documents and insists that the owners pay extra for them. When all the papers are finally in hand, you can give them to the Fed.
3. Through the court. Sometimes developers in St. Petersburg refuse to register new residents. Then you have to deal with it through the courts. This process is not cheap. On average you will have to spend up to 30,000 rubles. And the process itself is not fast at all. It takes about a year, or even more.

Nuances of initial registration

It is important to consider the nuances of initial registration. To register a newly built facility or real estate that has not previously been registered with Rosreestr, the following documents will be required:

1. Agreement with the shareholder.
2. Your copy of the transfer and acceptance act.
3. A document confirming HOA membership.
4. If ownership has been established by a defrauded shareholder, a court decision must be presented.

If a citizen has not made a transaction with property for a long time, the registrar may require a certificate of ownership. This document can be obtained from the BTI.

Despite the smooth flow of documents between Rosreestr and BTI, interaction between them is not always established. As for the passport, it is not needed for Rosreestr.

Re-registration of an apartment to a relative without taxes in 2021

Attention should be paid to the availability of school and preschool institutions and to the development of infrastructure in general. If this is a new building, then it is worth familiarizing yourself with what will be built in the future.

Then the collection of information begins. You need to see a certificate stating that no one lives in the house, and a certificate confirming the absence of debts. If the seller has a spouse, then his (her) consent to the sale is also necessary. The issue of registration certificates and illegal construction is also very relevant. Before my eyes, they demolished the veranda because they could not sell the house. There may be issues with remodeling the apartment.

Sale of property. The point of this action is for the recipient of the apartment to transfer a certain amount for it. Its implementation will be impossible if a person under the age of eighteen or incompetent is registered in the apartment, as well as in the absence of the consent of persons who oppose such an act and have the right to do so. Otherwise there are no obstacles.

Checking the legal purity of the transaction. This means that you must first request from the other party all documents related to the object (grounds for acquiring the object, a certificate of ownership of the object or an extract from the Unified State Register, TBTI documents, an extract from the house register, etc.). This can be done remotely by requesting scans or photos of such documents.

State registration of transfer of ownership in Rosreestr

How long it takes to register rights to real estate is indicated on the Rosreestr website. The deadlines are established by Federal Law No. 218-FZ of July 13, 2015, and all territorial offices of Rosreestr and MFC must comply with them.

We invite you to read: What if in an accident it is mutual fault

The timing depends on which agreement is the basis for the transfer of ownership:

• a purchase and sale agreement drawn up in a simple form, without notarization - 7 working days;
• purchase and sale agreement certified by a notary – 3 working days;
• mortgage agreement – ​​5 working days.

The period for registering property rights increases by 2-4 days if the documents were transferred through the MFC, which is explained by the additional time spent sending documents to the registration authority. This time is used for the registrar to verify the authenticity of the “legal purity” of the documents submitted by the citizen and to enter data on the registered right into the register.

Application processing time

In a multifunctional center, the time frame for confirming ownership of an apartment does not exceed 10 days. When drawing up an extract, an employee of the multifunctional center can additionally announce the deadlines for registering property rights through the MFC.

Separately, it is worth mentioning how to find out the results using the extract number. To do this, you need to copy it and paste it into the “Check readiness” window. If the user sees a notification prompting them to contact an employee, it means that access to the review is blocked.

You can also find out information about the application processing time and its status by calling the hotline. It works around the clock, and the staff is quite wide, so the client does not have to wait long for an answer.

How long will it take for registration?

When registering ownership of an apartment, the period from the moment of submitting documents to receiving the certificate is 20 - 25 days. But they may drag on, both due to disruptions in the work of government agencies and due to problems with submitted documents. Some legal private companies guarantee that by turning to them for help regarding registration, you will be able to receive your certificate on time. But this will require additional payment.

There is no time limit for registering property rights, but you shouldn’t delay it either. It is better to become the legal owner of the apartment as soon as possible. Although some people prefer to delay registering ownership of the received property. In principle, they can live in it peacefully, because they bought this property with their own money. At the same time, you cannot register in such an apartment, you cannot enroll your child in a kindergarten or school at your place of residence. In addition, if you decide to sell or want to exchange this apartment, it will be very difficult.

Actions of the direct heir

The situation when a direct heir needs to register a living space is very common. In this case, it is important to consider that there are several options for inheritance - according to a will or according to the current law. In both cases, the basic document confirming a citizen’s right to own property is the right of inheritance, issued by a notary.

To obtain such a document, you should contact a notary at least six months after the death of the testator. The specialist will study the details of the issue and issue a certificate if there are no other heirs.

How long does it take to register a gift deed?

The purchase and donation of living space undergo a similar verification procedure described earlier. The donation procedure is described below:

1. Availability of original passports of the transferring party and the receiving party;
2. Application for registration of a gift agreement;
3. Paid receipt for the transaction;
4. Original documents confirming the property rights of the donor;
5. Several copies of the agreement intended for the donor, the local government body registering the transaction, and the person to whom the property rights are transferred);
6. A copy of the technical passport of the property, cadastral passport and inventory of property;
7. Extract from the Unified State Register of Real Estate on the presence of citizens registered in the premises, as well as registered ones (for foreigners);
8. Certified consent to the donation transaction from the spouse, or a certificate stating that the donor was not married at the time of the transaction. If the donor is married, the spouse has the right to cancel the transaction, if she has the rights to do so, for example, if her consent to the transaction was not obtained.

Special cases

When buying or selling an apartment, the seller and buyer must enter into an agreement, make mutual settlements and hand over documents to the employees of the registration organization. Both parties must visit the MFC and submit documents to the specialist. If there are no copies of any certificates, the operator will make them himself. It is not necessary to register a cash receipt, but an MFC employee can verify that payments have been made.

The buyer becomes the owner of the apartment 10 days after submitting the documents. If the transaction was carried out with a letter of credit, the seller must take his copy of the agreement and come to the bank to gain access to the funds.

In addition, the sale of a share must be endorsed by a notary. In this case, the parties to the transaction must first make mutual settlements, and then visit the MFC together. Registration of the sale of a share is a paid service. Its price is discussed with the notary.

As for documents, the seller must present the refusals of the remaining shareholders to purchase housing. If the submitted refusals indicate a price higher than the price specified in the contract, registration will be suspended for 4 weeks.

If you need assistance of a legal and reference nature (you have a complex case and you don’t know how to fill out documents, the MFC unreasonably requires additional papers and certificates or refuses altogether), then we offer free legal advice: (24 hours a day, seven days a week):

How long does it take to re-register an apartment?

These documents are collected directly by the owner. The future owner should carefully study all the documents, and pay special attention to the USRN extract.

How long does it take to re-register an apartment?

The peculiarity of this agreement is that the parties to the transaction act as a seller and a buyer at the same time. The agreement contains the same conditions as the above agreements. Notarization is not necessary; the contract can be certified at the request of the parties.

There is nothing complicated in the instructions provided, however, certain knowledge is required so that all actions and executed documents have legal force.

After submitting the application, within 12 days the specialist will make a decision on registration or refusal (for example, due to an error in the execution of the contract), which can be appealed in court.

Grounds for re-registration of property

Rent

Re-registration procedure An apartment can be transferred under a gift agreement to any persons, in particular, those who are not relatives. The deed of gift is gratuitous, so a real estate appraisal is not required; you can start immediately by preparing the necessary papers.

Thus, it will take a little more than a month to purchase a home (excluding the time to sell your own apartment). However, the period when the client’s personal presence is necessary is much shorter. It will take about two weeks to obtain approval from the bank (if the apartment is purchased with a mortgage), notarized documents, as well as the conclusion of a loan agreement and DDU. Then you can leave for one or two weeks and return to receive the DDU from Rosreestr. And payment or the first installment on a mortgage loan can be made by interbank transfer from your city. So the “net” time of presence will be about 16 days.

How long does it take to refurbish an apartment?

Conducting a real estate purchase and sale transaction usually does not take much time if you prepare for it in advance. Then, upon arriving at the place of the transaction, you will spend from 30 minutes to an hour.

After signing the DDU, actual registration with Rosreestr must take place within five working days. In addition, the developer can collect the share participation agreements of other clients for about two more weeks and then simultaneously submit them for registration.

If the seller or buyer cannot personally attend the signing and submission of documents to the Registration Chamber, you can issue a notarized power of attorney to a person who is trusted by the seller or you. By the way, all of the above stages of buying a home can be entrusted to a trusted person and not come at all. But all powers must be specified in detail in the power of attorney.

— What is the maximum time it takes to complete a purchase and sale transaction (I am in another city)?

Partner of the East-West PR agency Alexander Tkachenko answers:

Yulia Simanovskaya, Director of the Department of Legal Support of Transactions at TEKTA GROUP, answers: In any case, there is no universal answer to your question. It all depends on the state of the documents and debts. If the seller is in complete order with his documents, has all the necessary certificates, a fresh registration certificate, and has no debts, then the procedure itself takes one business day. Moreover, out of eight working hours, the procedure itself takes about an hour.

• application for state registration;
• title documents for the apartment;
• contract of sale;
• extract from the house register;
• consent of the spouse (if the apartment is joint property);
• receipt of payment of state duty in the amount of 2 thousand rubles.

How long does it take to refurbish an apartment?

Step 3. Payment of the state fee and registration of the transaction, after which the parties receive documents confirming ownership rights.

A will may be invalidated if it is made by an incapacitated person, if it was written under duress, or if it does not comply with current laws.

Step 3. The will is certified by the seal and signatures of the executor and the client.

Rent

Re-register an apartment under a Donation Agreement

Exchange If you are going to donate an apartment that is joint property, you must obtain the consent of your spouse.

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