Complaint to Rosreestr: sample filling. How to file a complaint: step-by-step instructions

Where to get it?

This form is a form established by Order of the Ministry of Economic Development of the Russian Federation No. 920, which is the same for both individuals and organizations. It can be submitted to the registration authority both in paper and electronic form, if the person has an electronic digital signature.

Rosreestr

You must first register for registration. This can be done by phone or online, through the official website or the State Services portal.

Personally. The form, upon personal application, will be issued to the applicant by Rosreestr specialists.
Important! In this case and in the case of an application to the Multifunctional Center, it is not necessary to fill out Requisite 13. All information, the list of which should contain this item, will be reflected in the receipt issued by Rosreestr or MFC employees.
Online. The application form can also be obtained on the official website of Rosreestr in the “Document Forms” section.

MFC

The application template can also be issued at the MFC. However, there will be slight differences when filling out:

The “Specialist Mark” is filled out by a Center employee, as is Requisite 2.
The method of obtaining documents from the MFC is selected in the application only if all registration actions are carried out through the specified authority.

How long does this ban last?

Indefinitely until:

revoked by owner;
repaid by the registrar upon registration of the transaction and with the personal participation of the owner;
on the basis of a judicial act.

In what cases will registration be carried out without the personal participation of the owner?

Only if the application for state registration is submitted by the legal representative of the owner. What does "legal representative" mean?

This is a person whose authority is based on the LAW. This is NOT authority based on a power of attorney or contract. The full list of legal representatives can be viewed.

How and where can I apply for a registration ban without the personal participation of the owner?

The document is submitted either to Rosreestr or to the MFC by the owner (as well as through government services). Form Requirements and instructions for filling it out -

As practice shows, an employee of the MFC and even Rosreestr may not know about such a right and about this application and offer to write an application in “free form”. There is no need to follow their lead; refer to Article 36 of the law and Order of the Ministry of Economic Development N 920, which approved the application. The application must be submitted exclusively in a form approved by the government agency.

Of course, this statement is not an absolute panacea; anything can be faked - even a passport. But in a number of cases, I’m sure it can help, including in the event of an appeal against registration actions taken.

To confirm the legal ownership of real estate, each owner must register them immediately after receiving the property. Today, this is done by submitting an application for state registration of rights to real estate to the structure responsible for this - Rosreestr.

There are several options for filing such a petition. At the same time, it is important to be extremely clear that until proprietary rights are registered and information about them is not entered into the Unified State Register of Real Estate, the owner, even having in hand the documents on the basis of which the object was obtained, does not have the legal right to dispose of it. He will not be able to sell it, exchange it, donate it, bequeath it, divide it into shares, or carry out any transaction at all. Without a document certifying state registration, you cannot even obtain permission for redevelopment or properly formalize a lease or rental agreement.

The corresponding package of documents must be submitted to Rosreestr, where owners apply to register their real estate and register rights to it. If you delay this procedure for too long, troubles may arise, including fraudulent activities. Then, to resolve the situation, you will have to file a lawsuit.

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What should I include?

Information confirming the right to transfer ownership of real estate must be attached:

documents identifying the applicant (passport, birth certificate, etc.);
basis for registration (DCT, certificate of inheritance, privatization agreement, etc.);
title document (if available - certificate of ownership, USRN certificate);
an extract from the house register and a certificate from the housing and communal services;
receipt of payment of state duty;
additional certificates in connection with various circumstances (mortgage agreement, permission from the guardianship and trusteeship authority, etc.).

Help: All information is provided in its original form. Copies are not permitted.

Sample application for state registration of a legal entity upon creation

If you have decided to create a legal entity and need to draw up an application, look at the sample given here - with it in mind, you will probably be able to do this much faster and easier.

Let's start with the fact that the form has 24 sheets, but not all of them are required to be filled out - you only need to fill out those that relate to the specific features of your organization. In this example, the application is formed on behalf of the sole founder - an individual.

On the first page, write the name of the company being founded (full and short), as well as its location: postal code, region number and locality (if we are talking about Moscow or St. Petersburg, then you do not need to enter the city).

The second page includes information about the address at which the company will be registered (all official correspondence will be sent here in the future), as well as information about the form and amount of the founders’ contribution.

Next, enter information about the founder into the form (in the example under consideration, as mentioned above, this is an individual). It must exactly match the passport (or other identification document - their codes can be found on the tax website) and the TIN certificate.

On the next page, indicate in detail the place of residence of the founder - with zip code, region code, etc. (it must also correspond to some document). Below, again, indicate the share in the authorized capital (amount and percentage).

Another page of the application that must be filled out is information about the person who has the right to act on behalf of the newly created enterprise without a power of attorney: here enter his full name, tax identification number, date and place of birth, position (usually director or general director), information from an identity document.

The next sheet is a continuation of the previous one: enter here the address of the place of residence of an employee of the organization authorized to act without a power of attorney, as well as his contact telephone number for communication.

On the seventh page, reflect the activities that the registered company plans to engage in (main and additional) - they must be indicated in strict accordance with the codes of the OKVED directory. There can be any number of types of activities, there are no restrictions provided by the current law, their number does not affect taxes or any other deductions.

On the eighth page, again, provide information about the applicant (here you just need to tick the appropriate box).

And finally, the last sheet of the application - enter here the applicant’s full name, as well as how you would like to receive the completed documents (again by checking the required box). Finally, sign the form.

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a less common form of appeal, such as, for example, a letter of resignation or leave. However, in certain circumstances it is necessary to draw up such a document. We will explain how to do this correctly in this article.

Registration requirements

The registration requirements are established by Appendix 4 of Order No. 920. The applicant is required to:

neat and legible writing in the data (when filling out by hand);
absence of corrections, cross-outs, abrasions (their presence is one of the reasons to freeze the procedure or refuse it).

A package of documents must be attached to the application. Rosreestr specialists reserve the right to require additional information.

If the application is not filled out in person at the specified authority or MFC, it must reflect the list of submitted certificates.

Documents containing more than 2 sheets must be numbered.

Sequential steps

To avoid having to file a lawsuit in the future to confirm your proprietary rights, you should not delay the procedure for their state registration. Even if the claim is satisfied, it will cost considerable financial and time costs, and in addition also a loss of peace of mind, not to mention the risks that citizens take by delaying registration. Such slowness is not only unprofitable, but also creates a lot of problems, which under any circumstances is unjustified. In addition, the amount of the state fee for registering proprietary rights and issuing the corresponding extract from the Unified State Register of Real Estate is very small. By delaying payment of duties and hiding from taxes, if you still have to file a lawsuit and defend your rights, it will cost many times more.

The process of registering property rights is very simple and straightforward. It consists of several sequential steps, namely:

Submitting an application to register proprietary rights using one of the previously listed methods (including all necessary documents);
Checking the submitted papers in Rosreestr to see if everything is available, if they are completed correctly, if there are any inconsistencies, errors, false information, or other reasons for refusal;
Entering information into the unified state real estate register;
Receiving a ready-made extract from the Unified State Register of Real Estate, which will serve as a supporting document and has no validity period.

Content

The following information must be reflected:

information about the registration authority;
type of application (in this case, registration of property rights);
information about the property (type (building or plot), cadastral number, characteristics, address);
type of registration or transfer of rights (ownership);
information about the copyright holder (full name, passport details, address);
information about the representative, if documents are transmitted through him (passport details, power of attorney number);
method of submission (in person, by mail, electronically);
the body that carried out the transfer of documents (Rosreestr, MFC, on-site reception);
method of obtaining a receipt for documents acceptance;
list of attached documents (if the package is sent by mail or electronically).

What to do during a personal appointment?

During a personal reception, it is possible to either make an oral statement or leave a written appeal reflecting the essence of issues of interest to the citizen, including those cases when it is necessary to take measures to protect or restore his violated interests, freedoms and rights. A sample complaint against an arbitration manager to Rosreestr is presented.

If, while at a personal reception, a person handed over his written appeal to the employee who receives citizens, then a corresponding note is made on the second copy. If the arguments and circumstances presented in an oral appeal are obvious and do not require additional verification, the response may be oral with the consent of the applicant. It is given during the personal reception process and is noted in the citizen reception register and in the “Oral explanations given” section of the personal reception card.

In other cases, a written response is provided on the substance of the applicant’s questions in the order and within the time frame determined by the legislation of the Russian Federation. This also applies to complaints against the arbitration manager to Rosreestr.

Terms of consideration

The processing time depends on how the application along with the documents was submitted.

When transferred directly to the Federal Service for State Registration, Cadastre and Cartography – 7 working days.
If the documents are transferred through the MFC - 9 working days.

Attention! After submitting the application, the person is given a receipt with an individual number, which can be used to track the status of data processing. If a person has indicated a mobile phone number or email, he will receive a notification that the registration was successful.

Complaint against the bankruptcy trustee to Rosreestr

The ability to complain about the actions of the arbitration manager is regulated by Art. 60 Federal Law, while only participants in the process are allowed to go to court. However, you can complain not only to the courts.

Draw up a complaint according to the generally accepted template and rules. It should contain introductory, descriptive and demanding parts with details. The introductory part indicates where the complaint is sent, contains the details of the participants, and includes addresses and names. It is important to indicate the number of the bankruptcy case for which the appeal is being drawn up.

The main or descriptive part reveals the essence of the case, talks about the unlawful actions of the arbitration manager (references to the violated articles of the law are needed). The demanding or operative part indicates the powers of the body and the requirements of the applicant. It is important to indicate the articles of law that require sanctions.

Result of request processing

Making an entry in the Unified State Register of Real Estate

Making an entry in the Real Estate Register means that the registration of ownership has been successful. One copy of the basis document for the apartment and an extract from the Unified State Register of Real Estate, which will indicate the new owner of the property, are returned to hand.

Refusal

Refusal to register a right is regulated by Art. 27 Federal Law No. 218 “On state registration of real estate”.

The person has not corrected the following comments, which caused the suspension of the procedure (Article 25) for up to six months:
paper documents have corrections, erasures, blots, etc., or are seriously damaged;
the state fee is not paid within 5 days after submitting the documents;
the Unified State Register of Real Estate contains information about the impossibility of registering rights (a restriction or encumbrance has been imposed on the object that does not allow the alienation of the apartment);
the applicant's signature is missing.
Rosreestr discovered the obstacles listed in Art. 26 Federal Law No. 218. These include:
the application was submitted by an inappropriate person;
necessary documents are missing, etc.

Important! If Rosreestr discovers that a person has provided false information about himself or the subject of registration, he will also be denied this procedure.

Refusal to register can be challenged in court. In accordance with Art. 19 CAS RF, appeals against decisions of administrative bodies (which include Rosreestr) are subject to appeal in a district court, but only if the plaintiff is an individual.

What is an application for registration of title?

An application for registration of property rights is a regulatory document that plays an important role in the registration of real estate. It is important to draw up and execute this document clearly and in accordance with the law. You may even need the help of a lawyer.

In what circumstances is an application required?

An application is most often required in order to have the right to legally carry out any manipulations with real estate.

In particular, such manipulations can be called purchase, sale, registration of deed of gift, rent, lease. Also, in more special cases, an application will be required for:

inheritance of real estate (immediately after registration of inheritance);
court decision regarding real estate in problematic issues;
during privatization (in the case of privatization, a well-executed paper will significantly speed up the process; experts recommend seeking the help of a professional lawyer for this)

Good to know! The statement ranks far from the last place in the entire list. Without it, much will be limited for the applicant. Therefore, it is necessary, as soon as the opportunity arises, to update information about real estate and send it to the state register.

Refusal to register

This or that procedure, the purpose of which is to register rights, in any case begins with the receipt of everything necessary. There are two outcomes of completing the procedure.

Either the property, on the basis of Law No. 122-FZ of July 21, 1997, becomes part of the state register, or the state refuses the applicant on some grounds.

The following grounds are suitable for refusal:

The applicant is an improper person (minors, children from 14 to 18, making transactions with property without the consent of parents or legal representatives, incompetent without guardians)
The form or content of the documents in the list does not comply with the current legislation
A document granting the right to perform any actions with property is not valid due to amendments made to the legislation from the moment the document was issued
The person or body that issued the document was not authorized to issue it (fraudsters or private incompetent offices, in this case the help of a specialist is required)
The person or body that could issue a document granting rights subject to specific conditions did not indicate these conditions in the documents
The issued document directly confirms that the applicant does not have any right to the property
The applicant did not submit or submitted after the deadline the documents required for registration in the state register
The applicant did not submit all documents from the list

Contacting the prosecutor's office in case of disputes with Rosreestr

It is worth making an important note before starting a conversation about a complaint against Rosreestr. The prosecutor's office is a service that is responsible only for civil rights. That is why, if difficulties arise with contracts, documents, services and other aspects affecting the functioning of Rosreestr, it is worth contacting the management of this institution directly. In addition, some issues, such as the annulment of agreements, are dealt with exclusively by the court.

Appeals to court

Both cases imply only one way out - filing a lawsuit in court. The method of filing it and the form are similar to the complaint sent to the prosecutor's office. After the citizen contacts the relevant authorities, a trial will begin and repeated inspections will be carried out. In addition, the statement of claim must be accompanied by a response from the prosecutor’s office - an official letter justifying its disagreement with the citizen’s decision (in the event that it was unable to detect violations).

Applications of citizens are considered by the arbitration court, unless they are legally referred to the scope of action of other authorities. They must be submitted within three months after violations and infringement of interests were discovered. If this deadline was missed due to compelling reasons, the court may take this into account and accept it later.

So, we have looked at how a complaint is filed with Rosreestr.