Deadline for issuing a certificate of ownership of the apartment. What it is. Procedure for restoring a lost certificate

Basic provisions

Since 2021, registration of housing in the Russian Federation is carried out in accordance with the Federal Law that has entered into force, which has the number 218-FZ. Let's take a closer look at it.

First you need to decide why registration of rights to real estate is necessary. To do this, you need to refer to Article 1 of the Federal Law mentioned above. It states that registration of rights is a normative act that confirms the emergence, change and transfer of rights to real estate from one person (owner) to another or limits the owner’s right to his existing property.

After a citizen has gone through the procedure described in the law, he is recognized as the owner of the home and, in accordance with the law, has the full right to dispose of it (i.e., use, own, sell, etc.). Upon completion of the home sale procedure, the owner’s rights to this property are terminated and their simultaneous acquisition by the buyer.

ATTENTION !!! An important point specified in the law is the mandatory registration of encumbrances that are placed on housing (in the case of obtaining a mortgage, purchasing housing by a military personnel under a special program, etc.).

Also, in accordance with the law, a unified state register will be formed (abbreviated as EGRN), which will greatly simplify the registration procedure. The register will be formed through the merger of the Unified State Register and the State Property Committee. In this organization, simultaneous registration and accounting of property will take place, due to which the time spent on completing all these procedures will be significantly reduced. Now there is no need to go through two procedures in two government agencies and prepare documentation in two sets. All that needs to be done is to collect a single package of documents and submit it to a single authority, which is much simpler.

What it is

A certificate of ownership of an apartment is a document confirming the rights to own a property.

The certificate must display information about:

1. Owner.
2. The property (its type and characteristic features).
3. The presence of encumbrances associated with the premises, for example, that square meters were purchased on credit.
4. Authorities that issued this document.
5. Date of registration of real estate in the Unified State Register of Real Estate.

Methods for submitting applications to Rosreestr

The Federal Law of 2021 establishes two possible options for applying to Rosreestr, depending on the desire of the citizen:

1. The first option is a personal visit to a branch of the organization. In it, employees will accept all the required documents, answer questions of interest and provide the necessary samples for filling out applications. Also, all these procedures can be performed through the MFC. The main convenience that is enshrined in the law is the ability to submit an application to any desired branch of Rosreestr or MFC. Now citizens and legal entities do not need to go to the department that serves the exact place where the housing is located.

1. The second option is to apply via the Internet. To do this, you need to go to the official website of the registry and fill out the forms provided there, or contact the organization using the government services website.

How to apply

The algorithm for obtaining a certificate of ownership is as follows:

1. Contact the Rosreestr of the owner to obtain all the information on registering the right to a real estate property and a list of necessary documents.
2. Collection of documentation necessary for registering property rights.
3. Write, according to the sample provided by Rosreest or on legal Internet portals, a statement of desire to register as the owner of a certain object.
4. Pay the state fee.
5. Submit the entire set of documents for consideration by the registration authorities.
6. Pick up the prepared extract from the unified state real estate register.

Where to get it

You can get an extract not only from Rosreestr, although, of course, all documents are reviewed there.

Through MFC

Submission of documents, as well as ordering an extract from the Unified State Register, can be carried out at any multifunctional center.

Similar branches are open in every municipality and help citizens in many situations related to paperwork.

The MFC is an intermediary between the owner and Rosreestr.

Also, through the intermediary office, you can order some documents necessary for submission to Rosreestr.

Through State Services

The Internet portal for the provision of public services to citizens of the Russian Federation www.gosuslugi.ru invites everyone to familiarize themselves with the process of obtaining a certificate of ownership, as well as find out what documents are required and to which authorities they can be submitted.

Other options

You can submit documents for registration of property rights by sending them by registered mail with a list of the contents.

A similar right is enjoyed by citizens living away from the registry office. wards or MFC and are not physically able to get there, for example, due to disability.

What documents are needed for registration

To obtain an extract from the Unified State Register, you will need to prepare the following documents:

1. Civil passport of the person in whose name the property is registered. If there are several owners, then passports of all without exception will be required.
2. Grounds for registering real estate. Fundamental documents may include a share participation agreement, a purchase and sale agreement, and documents for inheritance.
3. Technical and cadastral passport for the object. They will need to be ordered in advance from the BTI and the cadastral chamber.
4. Written refusals from those persons who are registered in the area of ​​residential property, but do not want to be its owner (relevant if we are talking about privatization). Refusals must be marked by a notary.
5. A receipt proving payment of the state fee.
6. Statement of desire to register real estate in your name.

Depending on the circumstances that led to the need to obtain an extract, the list of documents may be supplemented.

An exact list of required papers can be obtained from:

1. A lawyer brought up to date with the case.
2. At the Rosreestr branch.
3. At the MFC.

Statement

An application for registration of property rights and receipt of a fresh extract is written personally by the owner.

A statement written in someone else’s hand may not be accepted by the MCF or Rosreestr.

If the owner does not have the physical ability to fill out the application form himself, it can be written by his authorized representative in the presence of a notary.

The text of the application must display basic information about the property and the applicant. A sample document can be obtained from the MCF, Rosreestr, or on the State Services website.

Deadlines

The submitted package of documents is reviewed by Rosreestr within 10 working days . If papers are submitted through a multifunctional center, processing may take a couple of days longer.

MFC employees do not have the right not to accept documents intended for registration authorities, unless, of course, there is a missing application.

Documents received for consideration are carefully checked by the registration authorities for their completeness, for errors, for the validity period of documents, for their authenticity and compliance with the real state of affairs.

If any violations are identified in the registration and issuance of a certificate, they may be refused.

Time frame within which actions must be carried out in Rosreestr

State registration of ownership rights to real estate and transactions with it will be carried out in a short time. So, for example, when registering housing for cadastral registration and registration with Rosreestr it will take no more than 10 days. When performing these actions through the MFC, the procedure will take no more than 12 days. Separated from each other, these procedures take even less working time.

ATTENTION !!! With a simple registration of housing rights in Rosreestr, you will need to spend no more than 7 days, and when applying to the MFC - no more than 9 days. Also, with a simple cadastral registration, you need to wait 5 days, and through the MFC - 7.

Federal Law No. 218-FZ establishes the time frame within which registration must occur with Rosreestr and the MFC after receiving court decisions that have entered into legal force. There are also deadlines for receiving acts from government bodies that have the right to issue them, as well as for registering a mortgage, receiving an inheritance and other actions.

If the owner loses the right of ownership of his home due to the fact that he fell into various types of fraud, the law has several conditions under which the owner will be paid a one-time compensation. These conditions apply only to those owners who are bona fide owners or purchasers. Such payments will be made from the financial budget, and the amount of payment compared to the majority of transactions made will be insignificant. Its size will not exceed 1 million rubles for individuals and legal entities.

If lost

Currently, property certificates in their usual pink color are not issued, but they may be required if, for example, it is necessary to sell real estate acquired before 1998.

There is no data in the Unified State Register of Real Estate before 1998, and therefore the only proof of the right to dispose of an object will be the pink form. Many years have passed since 1998 and not everyone has kept the certificate; it could have been lost or damaged.

How to restore a lost property certificate received almost twenty years ago?

To confirm your rights in this case, you will need to request data from the municipal archive, which, in the affairs section of the City Property Department, should contain information about the receipt of this or that object by this or that citizen.

Innovations in the field of registration of real estate rights have not changed the registration process, but have made life much easier for many citizens who were afraid day and night of losing the treasured pink certificate.

Is it possible to purchase part of an apartment with a mortgage? How to check the cadastral value of an apartment via the Internet? Find out here.

How is an apartment flood report drawn up? Read on.

All information about the property and its owner is now stored in a single state register, from where it can be requested at any time.

Documents that are now issued to confirm the right to property

According to the newly introduced Federal Law, the issuance of certificates of state registration of property rights will be suspended. Instead, a new document is introduced - an extract from the Unified State Register of Real Estate. Its issuance is also enshrined in another regulatory act, which is accompanying the Federal Law. It is Order of the Ministry of Economic Development No. 378.

It reflects four types of statements:

• An extract that reflects all the characteristics and rights of housing that was registered with Rosreestr or MFC;
• An extract confirming the fact of transfer of rights from the owner to the buyer;
• An extract indicating the date of receipt by Rosreestr or the MFC of the application or other documents sent for subsequent registration of cadastral registration or registration procedure;
• An extract indicating the rights of specific persons to the property that they own or have owned.

To obtain these documents, you must send an electronic request or personally visit one of the Rosreestr branches. For the received document you will have to pay money, the amount of which has increased in comparison with the extract from the Unified State Register. So, in order to receive a paper version of the document, citizens will have to pay 750 rubles, and a legal entity 2,200 rubles. In case of issuing an electronic statement, citizens pay 300 rubles, and organizations 600 rubles.

If necessary, there is the possibility of an additional service, according to which the document will be delivered by couriers to the designated location. You will also have to pay an additional fee for this service.

In accordance with the law, the extract is provided within the time limits specified in the law. They should not exceed more than three working days.

How to obtain an extract for residential property?

To take an extract from the Unified State Register of Real Estate Rights, you must first prepare all the necessary papers.
You can find out about their exact package and the cost of services for its registration on the Rosreestr website online. The main documents required to request an extract are:

• application for a request to issue a certificate (its form can be obtained from the institution itself or downloaded independently on the official website);

• passport;
• a receipt for depositing the state duty into the state account (approximately 2,000 rubles, for individuals this amount is 22 thousand rubles).

After checking all the submitted papers, the Rosreestr employee will give in return a form on which the date of issue of the finished extract will be indicated. The period for preparing such an official paper is 10 working days, counting from the moment the specialist receives a correctly completed application.

If you order it online, you will need to fill out an application electronically and then attach scanned copies of the required documents to it.

All documents submitted for an extract must have an electronic signature of their owner, preferably on all sides of the document.
For individuals, receiving an extract in electronic form is more profitable, since they will be able to save on state fees, for them the services will be 30% lower.
Such changes do not lead to delays in paperwork; it’s just that now the homeowner will need to order an extract of ownership in advance.

Check the readiness of documents

ATTENTION !!! In order to check the readiness of documents, you need to go to the official website of Rosreestr. There, by clicking on the appropriate tab, the verification page will open. On it you must indicate the application number (it is issued after submitting the application to the registration authority), pass a spam check by entering the characters indicated in the picture in a special field and click the check button.

The procedure takes only a few seconds. After which the citizen has the opportunity to view the readiness status of the documents.

Thus, we can conclude that the new legislation greatly simplifies the procedure for registering real estate

To change or not to change

If you became the owner of the apartment before January 31, 1998 and completed the documents in accordance with all the rules, then you can safely own and use your property further. There is no need to re-register anything! But if you feel safer because you have brand new documents in your hands, then you have the right to re-register them at any time and receive a certificate of state registration of property rights.

To do this, you must undergo state registration of previously acquired rights.

To register “old” rights, you need to collect:

• All title documents for real estate.
• If you have an apartment, you will need a BTI technical passport. If it is a plot of land, then you need a cadastral plan of the site. If there is a residential building on the site, which is your property, then, naturally, you will have to collect both.
• Receipt for payment of state duty.
• Statement of the established form.
• Identity documents.
• Power of attorney, if re-registration is carried out through a proxy.

About deadlines

State registration of property rights (including previously arisen ones) is carried out within a month from the date of submission of all necessary documents. So, for example, if the owner sells a residential building that he purchased in 1995, then together with the buyer he can submit all the necessary documents for state registration of previously acquired rights, for registration of a purchase and sale agreement and for registration of the transfer of ownership from the seller to the buyer at the same time. If the registrar has no grounds for suspension or refusal, then everything will be processed on time.

If the seller, having found a buyer, decides to first register his previously arisen right and only after that register the transaction, then in this case the state registration will take two months.

Let us remind you that registration of a previously arisen right is required only before a transaction and transfer of rights - concluding a contract of sale, exchange, donation, pledge, lifelong maintenance with dependents, lease, etc. If property is acquired for other reasons, for example, received as an inheritance, by a court decision to recognize ownership rights, then registration of a previously arisen right is not required. This is due to the fact that the acquisition of property on these grounds is not a transaction, and in the case of inheritance, registration of the testator’s previously arisen right is impossible due to his death.