What it is?
Alienation of real estate is an action of a citizen of the Russian Federation on a voluntary or forced basis, which is associated with the transfer (alienation) of ownership rights to real estate.
The following have the right to participate in the transaction:
- individuals;
- legal entities;
- municipality;
- state.
The main feature of this procedure is a complete change of ownership. What does it mean? The previous owner completely loses the possibility of any ownership or right to dispose of this property. All legal rights are transferred to the new person.
What is a certificate from the Unified State Register of Real Estate about the absence of real estate?
An urgent extract from the Unified State Register is a certificate, often popularly referred to as “no encumbrances.” The fact is that, in addition to other information about real estate, a separate field in this document reflects the presence or absence of any imposed encumbrances.
The following may serve as encumbrances:
- Mortgage lending agreement – that is, the real estate will act as collateral in the bank against the loan funds received by the borrower.
- Lease obligations - buying an apartment, house or any other real estate with tenants is an unpleasant incident. Despite the fact that you will formally be the owners, it will be possible to evict the tenants if they are unwilling only through the court.
- Rent is a type of arrangement where the owner provides rights to an apartment in exchange for lifelong maintenance or any other benefits.
- Seizure of real estate - by court decision, law enforcement agencies or any other government services. Even if you own such an apartment, a court order may be issued at any time to alienate the property. Moreover, living in such an apartment is prohibited by law, and the same applies to offices in which commercial activities cannot be conducted.
- A trust agreement is a dangerous case in that formally, the rights to real estate are transferred to third parties, however, the owner can cancel any real estate transactions at any time, and the new “buyer” will lose the entire deposit or the cost of the apartment.
An extract from the Unified State Register of Encumbrances about the absence of encumbrances allows you to unambiguously determine what encumbrances are imposed on the property, based on what documents or decisions.
Grounds for alienation
There are various reasons why an owner is deprived of ownership rights. First of all, it is necessary to establish that this procedure can be carried out both on a voluntary basis and in a forced mode.
Regarding the first, everything is clear - the owner intends to transfer ownership to another person on the terms that they initially agree on.
In the second case, the alienation is of a forced nature, which must be justified by the state or municipality when the apartment is seized.
In what cases is the legal owner deprived of ownership of real estate?
- If law enforcement agencies have discovered the fact of illegal actions regarding the purchase of an apartment or the receipt of sources of income that served as the basis for the purchase of an apartment, then in this case the property will be confiscated.
- If the state buys out some historical objects (for example, houses). In this case, the municipality has every right to seize the property with subsequent compensation.
- If a citizen does not fulfill any obligations. For example, a citizen has mortgaged an apartment as an outpost for a loan and does not pay his obligations. In this case, the bank has every right to take the apartment for debts.
- If on the given site where the house is built, it is planned to build some object important for the infrastructure (for example, a road). In this case, the authorities have the right to seize your home, but with subsequent compensation.
Forced alienation must be ordered by a court or based on a decision of local authorities.
Confirmation of encumbrance
The law obliges property owners to register all actions that are carried out with objects. Information about the presence or absence of encumbrances on real estate is entered into the unified real estate register.
To find out information about the main characteristics and registered rights to the property, you must obtain a certificate of absence of encumbrances on the property. This is an extract from the Unified State Register of Real Estate.
Every citizen of the Russian Federation has the right to receive an extract. To do this, he must not be the owner of the property or his relative.
Information that should be on the statement:
- assigning the area to the prisoner;
- assigning space to a child left without parental care;
- renting an apartment for a period of more than 1 year;
- ownership of the object by minor children;
- encumbrance by force of law;
- encumbrance by virtue of a contract (mortgage);
- transfer of an object as collateral.
The extract must contain data on the area of the object (general and residential), the number of rooms in the apartment, the number of storeys of the building and the floor on which the object is located.
The only information about the owners of the object indicated in the extract is the first, patronymic and last names of the owners. Additional information is personal data and should not be included in the certificate.
Prohibition of registration actions
There are several types of encumbrances on real estate.
Housing on bail
In this case, there are two possible scenarios::
- housing was purchased with money received through a bank under a loan agreement, and it is either pledged to the bank or to the seller;
- The seller and buyer themselves entered into a mortgage agreement between themselves before making the last payment (and such an agreement has nothing to do with the bank).
And although the buyer will be listed as the owner in Rosreestr, concluding a purchase and sale agreement for such an apartment will be fraught with risk: the bank or previous seller who has not received payment will be able to claim the property back.
Rent agreement with another person
An annuity is a transaction in which one party transfers property to a rentee, who is obliged in return to pay a certain amount of money or support the renter in another form.
In accordance with Art. 586 of the Civil Code of the Russian Federation, such an agreement is another type of encumbrance. In the event of alienation of such property to another person, the new owner will receive both the right to receive maintenance and the obligation to transfer ownership of the property to the rent payer.
A type of annuity is a dependent life annuity . The rentee transfers ownership of a residential property to a person, while the new owner does not have the right to remove it from registration. If the lessor sells such an apartment, the new owner will also not be able to write out the lessee.
Hiring or renting residential premises
There is a difference between renting (Chapter 34 of the Civil Code of the Russian Federation) and hiring (Chapter 35 of the Civil Code of the Russian Federation). In the first case, one party transfers to the other non-residential premises or residential premises for use if the tenant is a legal entity and uses the apartment for the purposes of its activities. A rental agreement for residential premises is concluded with individuals who are granted the right to use and reside in the apartment.
The buyer of real estate with such an encumbrance does not have the right to evict the users of the residential premises before the end of the period established by the contract.
What is an easement?
The right of limited use (Article 274) or easement is granted to the owners of neighboring or other real estate :
- to make a passage;
- construction;
- operation of linear facilities, etc.
Seizure of real estate
In accordance with Art. 80 Federal Law No. 229 “On Enforcement Proceedings”, the bailiff, on the basis of a court decision that contains an order for property recovery, has the right to seize the debtor’s property, including immovable objects.
The arrest is imposed in order to preserve the property from its possible alienation by the debtor , because in case of non-execution of the court decision, it can be implemented in favor of the creditor. The buyer of a seized apartment risks being left without living space and without paid money, because the court recognizes such a purchase and sale transaction as invalid.
Voluntary alienation of an apartment
Voluntary alienation of an apartment occurs when a citizen wishes to sell his property, or draw up an agreement of exchange or gift. Each of these procedures has its own stages of re-registration of ownership.
For the most part, this procedure is carried out with the aim of obtaining benefits (monetary compensation) for the re-registered ownership.
Necessary documents to obtain a certificate of ownership
Standard documents for obtaining a certificate of ownership of real estate are a passport of a citizen of the Russian Federation, SNILS (if registration with the Pension Fund of Russia was made after April 1, 2021, a document confirming registration in the individual accounting system), a receipt or check for payment of the state fee for this service. When ordering an extract through the State Services service, you can pay the state fee directly on the website or in the application, and the document data, as a rule, is already saved in the system.
A written request (application) may also be required. You can download and fill out the form in advance, but usually an MFC or BTI employee issues this form.
Rules for drawing up a contract for the alienation of real estate on a voluntary basis
If the owner decides to alienate the apartment on a voluntary basis, he will need to take into account the following:
- The agreement must be drawn up in writing.
- The citizen must provide a certificate of ownership of the property.
- Provide the owner's passport.
- Provide information on what basis he transfers ownership to another owner.
- It will be necessary to draw up a description of the property and its technical characteristics.
- Be sure to indicate the date the contract was drawn up and sign.
Information contained in the help
A sample certificate can be seen on the official website of Rosreestr. It contains the following information:
- Personal data of the citizen (full name, passport details, date of birth, place of residence and place of stay).
- Information about the absence of real estate ownership, if the citizen is not the owner of any real estate.
- Information about the availability of real estate:
- type of object (apartment, residential building, etc.);
- cadastral number;
- purpose of the object;
- types of permitted use of the facility (applies to land plots);
- address;
- area in square meters;
- information about state registration (date, grounds, etc.).
- Signature of the state registrar who compiled and issued the extract.
Attention! A certificate of the presence or absence of real estate ownership and a regular extract from the Unified State Register of Real Estate (an extract on the main characteristics of the property or an extract on the transfer of rights to the property) are different documents!
A certificate of the presence/absence of real estate ownership is requested based on the citizen’s personal data and can only be requested by the citizen himself. Extracts about the main characteristics of a real estate property can also be requested by other persons (for example, before filing a lawsuit against a rights violator); they are also requested for a specific property (house, apartment, plot, etc.). Extracts on the transfer of rights to a property can also be requested not only by the owner.
Selling an apartment with minors
If one of the co-owners of the property is a minor child, then the following points should be taken into account:
- If the child is under 14 years old, then the parents sign for him.
- If a minor has reached 14 years of age, he has the right to independently sign all documents. An important point is that one of the parents must write “I agree” and sign under each child’s signature.
- It will also be necessary to provide a certificate from the guardianship authorities.
Permission from guardianship authorities to sell an apartment
If one of the owners is a minor child, then a simple agreement between him or his parents to sell the property will not be enough. It will be necessary to obtain a certificate from the guardianship authorities stating that the child’s rights are not violated or infringed. This is a standard procedure and is not very complicated.
If the seller is married
If the citizen who plans to carry out the alienation procedure is married, then it will be mandatory for him to obtain consent from his spouse.
This agreement must be notarized.
Where to get a certificate about the absence or presence of housing in the property
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When making transactions and other legal actions, citizens have to deal with the collection of various documentation. Confirmation certificates are often required, which are issued by specially authorized bodies. Not everyone has an idea of how, in what time frame and where they can obtain the necessary certificates. One of such documents is a certificate of absence of real estate ownership.
Forced expropriation
Forced alienation occurs if a court decision has been made or based on a decision of local authorities. Compulsory alienation must be documented:
- on a court decision;
- on the court verdict;
In this case, the owner of the apartment cannot in any way influence the result, that is, the seizure of the apartment.
What categories of encumbrance exist on an apartment?
It is legally determined that several categories of encumbrance must be reflected in the current extract of the Unified State Register of Real Estate. In particular, the following categories are defined as having restrictions:
- Mortgage. The bank issues a loan or a loan for an apartment, after which information is transmitted to Rosreestr that the apartment has a mortgage encumbrance by force of law. If you want to sell your home, but there is a mortgage encumbrance, you must first resolve all issues with the bank and then carry out the sale.
- Arrest. This option of encumbrance is available only by decision of the court or bailiffs; other authorities do not have the right to seize the apartment.
- Easement. This category of restriction is accepted only during procedural actions. At the end of the trial, based on the decision, the option of arrest or removal of the easement in full is adopted.
- Rent. The property can be received by the annuitant after he has fulfilled his full obligations to the lessor (most often used by elderly owners of property rights, who enter into the terms of the life annuity agreement, with the right to transfer ownership to another person after the death of the annuity).
- Rent. The apartment is rented on the basis of a contract. At the end of the contract, the lease is either removed or resolved in another way, including through the courts.
In addition, the presence of minors at a specific residence address can also become a burden in the process of selling an apartment. If you plan to sell an apartment where minors have their share, you must obtain the consent of the guardianship authorities to carry out a transaction with real estate.
Basic package of documents for the seller
To carry out the alienation procedure, the seller will need to collect the following package of documents:
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- A citizen must have an agreement on the basis of which the procedure for re-registration of property rights takes place. This could be a real estate purchase and sale agreement, an apartment donation agreement, an apartment exchange agreement.
- If the apartment is in shared ownership, then the citizen will need a written agreement from all co-owners of the property.
- Refusal of the co-owners to purchase the part of the apartment being sold.
- An extract from the Unified State Register of Real Estate, which indicates everything registered in this residential premises.
- Cadastral and technical passports.
- Application for the alienation procedure.
- An extract from Rosreestr, which indicates the absence of encumbrances on this property.
- An extract from the house register showing that there are no debts on utility bills.
Documents must be carefully checked and current at the time of submission to the government agency.
The citizen will also have to submit two applications to the authorities:
- Application for transfer of ownership.
- Application for registration of property rights for the new owner of the property.
How to obtain an extract from the Unified State Register of Real Estate with information about the encumbrance
You can order a document, a certificate of encumbrance of the apartment, where you can obtain it by visiting our information resource. Using a convenient algorithm of actions, you can correctly select the appropriate document from Rosreestr. Please note that in accordance with the new Federal Law No. 218, we have the right to promptly provide an extract of the Unified State Register of Real Estate in electronic format or on paper with delivery to the specified addresses.
Please note that the data in the USRN extract is valid for 30 days. The cost of the service includes state duty and delivery service.
The concept of a certificate of encumbrance on an apartment
Federal Law No. 122 of 1997, signed by the Legislation of the Russian Federation, states that property may be seized in cases where restrictions are imposed in accordance with an agreement (with the consent of the owner), a court decision, or by decision of regulatory legal acts executive authorities.
Regardless of the reason for which the arrest is imposed, its decision must be recorded and entered into the unified Rosreestr.
Let's celebrate! To purchase an apartment, you must obtain a certificate confirming the absence of encumbrances on this apartment or any real estate. Thus, the “ Certificate of Encumbrance ” is a document that gives the right to sell or buy an apartment without worrying about the security of the legality of the sale transaction.
If the property is seized, the transaction will not take place due to the encumbrance on the actions performed with it.
Encumbrance means the following actions:
- Seizure of real estate - imposed in case of failure by the owner to fulfill his obligations (there are debts, promissory notes);
- Renting residential real estate - a documented permit with the right to temporarily use housing;
- Collateral – is issued for debt financial obligations, most often in mortgage lending.
In what case do you need to get a certificate?
You need to obtain a document in the following cases:
- conducting transactions related to the purchase and sale of real estate, entering into an inheritance, receiving under a will, receiving under a gift, when registering through a purchase pledge with the help of a bank or organization providing a loan;
- during legal disputes related to the division or identification of the owner of real estate;
- during a marital divorce, to allocate a share in the apartment;
- when a notarial or legal verification of an object is carried out.
receipt of the extract is considered the main document for the purchase and sale transaction. the document received provides information that the apartment is “clean”, there are no encumbrances, collateral or arrest attached to it.
good to know! Many owners hide this fact, which later becomes an unpleasant surprise. Having received a certificate from the Russian Register, you can protect yourself from fraudulent activities and protect yourself in the future from the unpleasant procedure of canceling a transaction.
this document is also often used during court proceedings; during the trial, a seizure is imposed so that it is impossible to carry out any actions with the apartment (donate, register, etc.)
Let's celebrate! You need to prepare in advance to avoid unpleasant moments associated with the purchase, when you come for a ready-made certificate of ownership of a new apartment, but instead are refused due to an encumbrance.
therefore, in any case: whether you buy an apartment or sell it, you must have a certificate of no encumbrance in your hands.
who has the right to receive a certificate?
Any person can obtain an extract about the condition of the property of interest by contacting one of the branches of the MFC (multifunctional centers), or directly to the Rosreestr.
To provide a certificate, he must submit the following documents:
- application for issuance of an extract (certificate);
- applicant's passport;
- certificate of ownership (if available);
- pay the state fee and provide a receipt for payment.
You must include your full address in your application. There is no need to write down the reason why you are applying for a certificate.
information contained in the certificate
The information provided in the help contains the following information:
- full address indicating a detailed description of the apartment (how many meters, rooms);
- the official owner, if there are several of them, indicate their details and quantity, as well as the size of the owned share;
- encumbrances, if any;
- information about the collection of the apartment (if any) by state or municipal authorities.
Let's celebrate! If an existing apartment is seized, all actions carried out with it have no legal status. An apartment under encumbrance can neither be sold nor bought.
In order to obtain the necessary document, you need to contact the body responsible for registering real estate transactions (Rosreestr). You can get the paper at one of the MFC centers.
In addition, thanks to the Internet site Rosreestr - Real Estate, you can order a certificate without leaving your home. The completed statement will be sent to an email address indicating receipt via the website.
this is a good opportunity to quickly receive a document, since the time spent on the electronic form is significantly less than when applying in person.
state fee upon receipt of a certificate
You can obtain paper about the owner and other owners by paying a state fee. Fees may vary by region and local authorities. The average price for receiving it in person is 200 rubles. When applying through electronic resources, the price is lower and such a certificate costs 150 rubles.
Required documents to obtain a certificate
To apply for an extract, you need to prepare the following documents:
- Identity document (passport);
- Completed application for the provision of services;
- Paid state duty;
- Document of ownership (if available).
The kit is provided to Rosreestr or a branch of the MFC. In two weeks you can receive a ready written response.
If you apply through the website, all forms are filled out indicating passport details and the address of the object of interest.
Document validity period
The received certificate indicates information about the owner of the apartment and the absence or encumbrance at the moment, that is, if you plan to carry out the transaction in a month, order it closer to the time of execution of the purchase and sale agreement.
Therefore, the later the certificate is received, the higher the likelihood that it will not be subject to encumbrance and arrest.
Reasons for refusal to issue a certificate
It happens that when you contact a government agency, you can receive a written refusal. There may be several reasons, for example:
- The address is incorrect. When submitting an application, indicate the data accurately; if in doubt, write down the cadastral number; it can be used to find the most difficult objects;
- This address is not in the registration record. This happens, the law was adopted in 1997 and not all real estate objects are included in the common database;
- The state duty has not been paid in full. In this case, you need to check the size again and pay extra.
In any case, the refusal has a documented and motivated reason. If you consider the refusal to be unreasonable, you can go to court for a judicial decision.
Why do you need a cadastral technical passport when selling an apartment?
Cadastral and technical passports during the procedure of alienation of real estate are needed in order to:
- establish land surveying of an apartment or house;
- check the master plan of the property and its full compliance with the actual plan of the apartment;
- establish the cadastral value, which is also the estimated value of the apartment during the forced alienation procedure by authorities - the municipality or the state as a whole.
The cadastral document also contains information about the registration of this residential area in the Cadastral Chamber.
Where to get a certificate of encumbrance
An extract from the state register can be obtained from the Cadastral Chamber by paying a state fee of 200 rubles and writing an application. There is an easier way to obtain a certificate - via the Internet. On the Rosreestr website, fill out the form “Providing information from the Unified State Register”, pay 200 rubles if you want a paper version of the extract or 150 rubles for an electronic extract .
By the way, you can pay with electronic money, for example, through a Qiwi wallet. After payment, the registrars will process your application. The result will be sent to you by mail (or you will pick it up in person at the Cadastral Chamber) if you ordered a paper version of the extract, or you will be sent an electronic document with a digital signature of the registrar by email.
For everything about everything, the registrars have five working days from the date of submission of the application to give you information about the apartment (second paragraph of the seventh article of the Law “On State Registration of Rights”).
Since social infrastructure is now actively expanding, multifunctional centers are beginning to appear in cities. Such centers are equipped with a workplace for the registrar of the Cadastral Chamber, which means that an extract from the Unified State Register can be ordered and received there, only the time for its production will increase by the period during which the documents are transferred from the MFC to the Cadastral Chamber and back.
After receiving the extract, be sure to check the information about the seller with the information about the person who is selling you the apartment!
What is a deed of transfer - form contents
The transfer deed is a document that confirms the full fulfillment by the parties to the contract of their obligations and conditions. It is evidence of the actual entry into force of the contract, that is, the buyer becomes its full owner.
The deed of transfer has the form established by the Civil Code of the Russian Federation, which is made up of:
- places and dates;
- passport data of the parties;
- the name of this document;
- information about the absence of any claims on both sides;
- signatures of the parties.
Contract of sale of an apartment
A real estate purchase and sale agreement can be executed either by a notary or in a simple form (written by hand by the parties). This document must contain the following:
- the conditions under which this transaction is concluded by the parties;
- the contract price is the cost of the property that is being sold;
- the moment when the transaction will be invalid;
- terms, method and procedure for payment by the buyer of the cost of the apartment;
- other.
Advance or deposit agreement
If the parties have come to a general agreement to make a deposit or advance payment during the procedure for re-registration of property rights, a deposit agreement will also be attached to the real estate purchase and sale agreement.
Drawing up a deposit agreement is mandatory for the seller, since upon receipt of the money he undertakes not to sell the apartment to anyone else.
The contract must contain the following information:
- Full names of the parties;
- place of residence of the parties;
- apartment price;
- deposit/advance amount;
- description of when, where, by whom and to whom the deposit/advance was transferred;
- deadlines for fulfilling the terms of the contract.
What is the difference between an advance and a deposit?
The advance payment is not returned to the buyer in double amount, but the deposit has this feature. Essentially, this is insurance in case the seller breaks the trace. If the buyer decides to terminate the contract, the deposit will not be returned, and the seller must return the advance in full.
Alienation of a share in an apartment
A citizen who owns a share in an apartment will face a number of difficulties. According to Article 250 of the Civil Code of the Russian Federation, the owner of a share in real estate has certain conditions for completing the alienation process:
- A citizen who intends to sell, exchange or donate his share in the apartment must obtain a written agreement from the other co-owners to carry out this procedure.
- Within 30 days, the co-owners have the legal right to act as buyers of this share, or they are required to write a written refusal to purchase this part of the apartment.
- If the share owners are not against the alienation procedure, then it is not necessary to wait for the expiration of thirty days.
- If a share owner has declared the right to purchase a share, then he has an advantage over other buyers in accordance with the legislation of the Russian Federation.
- If the shared owner did not inform others about the intention to alienate his part of the apartment and sold it, then the other co-owners can challenge this decision in court.
Statement form and validity period
The requirements for the extract form, the procedure for sending and the list of documents that are attached to the extract are established by the Rosreestr Office.
Therefore, a certificate of absence of encumbrances, a sample of which you can find on the Rosreestr website, provided by the seller, should not differ in color and shape indicated on the website. A certificate of absence of encumbrances, the validity period of which is not established by law, contains only information contained about the apartment on the date of your application.
Logically, we can come to the following conclusion: part three of Article 13 of the Law “On State Registration of Rights” states that registration of real estate transactions, including registration of encumbrances, takes no more than ten working days. Therefore, in order to find out up-to-date information about the apartment, order an extract no later than ten days before signing the purchase and sale agreement.
A certificate of absence of encumbrances, that is, an extract from the Unified State Register, is the only document confirming the “cleanliness” of the apartment.
If, at your request, the seller provided it to you, and ten days have already passed from the date of issue, it is advisable for you to independently order an extract from the Cadastral Chamber.
Sample certificate of no encumbrance
Good to know! In any case, when you buy or sell real estate, take care in advance to purchase a certificate of absence of encumbrance and seizure of the apartment. A paper prepared in time can protect you from fraudulent activities and financial fraud.
What is a certificate?
Although a certificate is often supposed to prove that the applicant does not have property, it would be more correct to call this paper a certificate of ownership. If a person does have some real estate, it will be displayed in the contents of the document.
If a certificate or extract indicates specific owners of the property in question, then the certificate shows records of persons who own various forms of property or do not have it at all.
Previously, it was necessary to personally visit government agencies and submit a request in person. The service is now available remotely. Only the person himself has the right to apply for his certificate of absence of property, or to send his attorney, for whom a notarized power of attorney was previously issued.
A certificate of property is issued with the signature and seal of the organization certified, and the form is assigned a number and the date of preparation is recorded.
The contents of the document include information about the person in question, the address and name of the objects, their cadastral numbers and possible registration prohibitions.
Where do you get a certificate of no real estate ownership?
The traditional way is to obtain a certificate of absence of real estate, this is a personal visit with supporting documents. If physical presence is not possible, the request is sent by mail or through a legal representative (by power of attorney).
The place to get a certificate of ownership is:
- Territorial branch of Rosreestr.
- Multifunctional center (MFC) at a person’s place of residence.
- Cadastral Chamber.
Remote services are available from two sources:
- on the government services website;
- through the official website of Rosreestr.
Regardless of the form of the prepared report, both paper versions and electronic versions of the document are considered equal in importance. Instead of a live stamp, a digital stamp is placed on the electronic certificate. Every day, Rosreestr registers thousands of records on the registration of property rights, so to submit a document along with the package collected for the official body, the most current certificate will be required.
What documents are presented when submitting a request?
There is nothing complicated in obtaining the paper - the applicant only needs a passport and certificates of known property. They are submitted along with a completed application form and a paid receipt of the state fee.
Submission of supporting documents occurs in originals or in scanned form remotely.
Timing and cost
Since the document is necessary with the most up-to-date representation of the situation, it is recommended to leave this preparation point for the last time, before directly contacting the authorities.
When planning to submit a request, pay attention to the processing time of the application - up to 5 days pass from the moment of the visit or sending the application electronically, excluding holidays and weekends.
Sometimes, during the processing of a request, questions arise from the registering organization. To eliminate the risk of errors or denial of processing, it is recommended that you schedule an in-person visit.
The production of a document is a paid procedure that requires additional payment of a fee. Certificates for individuals are cheaper.
How to obtain a certificate of absence of real estate ownership
A certificate confirming the absence of real estate ownership is drawn up in the same way as a document confirming the presence of real estate. In fact, these are the same extract; they differ only in the information contained. If a citizen has rights to real estate, a certificate of real estate ownership is issued, listing the objects and their main characteristics. In the absence - respectively, a certificate from the BTI about the absence of property or an extract from Rosreestr about the absence of real estate in ownership.
Certificate of absence of prohibitions on alienation
- name of the subject of law or object of property, information about which is required;
- address (location) of the object;
- if the cadastral number is known, then it is also indicated;
- name and details of the identity document.
The data requested from the notary or the Unified State Register is provided in the form of an extract from the register, which contains: Based on the data contained in the extract, one can conclude whether it is worth dealing with this property or subject of rights, or to find another option.
Attorneys acting in the interests of property owners - their civil passports and a notarized power of attorney from their parents.
- data on all transactions with the apartment (purchase and sale, donation, exchange);
- information about the transfer of ownership of the apartment (privatization).
If in the chain of actions for the alienation of an apartment there is a transaction involving an attorney acting on the basis of a general power of attorney, you should also be wary and check the purity of the transaction.
Reviews and comments to the article "":
The legislation does not establish cases where the owner is obliged to present it. Therefore, the form itself has not been approved and each management company and other services servicing the premises has the right to additionally indicate information that it considers important.
It is recommended that the certificate include the following information:
- information about the management company indicating the address and telephone numbers that issued the certificate (this information may be present in the corner stamp);
- the address of the apartment and its owner-applicant, who needed it;
- information about the absence of debt on payments for utility services.
The certificate is certified by an authorized person and the seal of the organization. The date of issue must be indicated, since the document has a validity period of 30 calendar days. Therefore, it is better to order it immediately before you need to present it at the place of requirement.