What is the register of apartment building owners and where can I get it?

On January 11, 2021, Federal Law No. 485-FZ of December 31, 2017 came into force, which changed the procedure for licensing, conducting OSS, and storing documents in the MA. Today we’ll talk about one of the document’s innovations – the responsibility of the management organization to maintain a register of owners of premises in apartment buildings.

Ministry of Construction of the Russian Federation on some features of holding general meetings
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What is the register of owners

The requirements that must be observed by copyright holders of residential premises when drawing up minutes of meetings are regulated by Order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr (hereinafter referred to as Order No. 937). Among the mandatory annexes to the protocol is a register of owners of apartment buildings, which includes the following information:

• information about all rights holders of premises in an apartment building - citizens and enterprises;
• personal data of citizen owners;
• name and OGRN of organizations;
• numbers of premises belonging to the owners;
• mandatory details of title documents for premises;
• the number of votes that the owner has the right to dispose of when participating in general meetings of the apartment building,

This regulatory act does not contain mandatory requirements for the form of the register; it can be presented in written or electronic form.

The register of owners is used to schedule and conduct meetings and to determine the number of votes that will be used to approve decisions. This makes it important for objective and reliable information included in the register. This can only be achieved by obtaining a set of information from the title document for residential and non-residential premises in the apartment building - extracts from the Unified State Register of Real Estate.

Not only the copyright holder, but also another interested person (for example, representatives of an initiative group of citizens planning to hold a general meeting) has the right to receive an extract from the Unified State Register of Real Estate. Based on these documents, a register is formed that is current as of the dates of appointment and holding of the meeting. As changes occur in the title documents (change of the copyright holder, changes in the area of ​​the premises, etc.), similar amendments must be taken into account in the register.

Expert commentary . As a rule, the preparation of all documents for holding meetings is carried out by an initiative group of citizens or representatives of the management company. The most obvious option for creating a register - obtaining an extract from the Unified State Register for each premises - is at the same time the most costly and labor-intensive. This is due to the paid nature of receiving statements and the need to fill out a request for the production of each individual document. The most expedient way to quickly prepare a register of owners is to seek help from professional specialists or companies with access to the online register of the Unified State Register of Real Estate to receive documents in electronic form.

Register of owners of premises in apartment buildings in 2021

According to Part 3.1 of Art. 45 of the Housing Code of the Russian Federation, the register of owners must contain information that allows identifying the owners of premises in the apartment building:

• last name, first name, patronymic - for individuals;
• full name and main state registration number - for legal entities;
• number of the room;
• information on the size of the owner’s shares in the right of common ownership of the common property of the owners of premises in the apartment building.

Register of owners of premises of an apartment building, compiled in accordance with Part 3.1 of Art. 45 ZhK RF, can be downloaded here.

Notification of owners and public housing estates about the results of the general meeting of owners
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Extract from the Unified State Register for an apartment

Directly when completing transactions for the acquisition of premises in apartment buildings, owners are given an extract from the Unified State Register of Real Estate (this rule was introduced in January 2017 after the adoption of Federal Law No. 218-FZ). However, a previously issued extract quickly loses its relevance, because the USRN database is subject to daily updating. In order to achieve maximum reliability of information from the Unified State Register, the legislator has provided for the possibility of quickly obtaining extracts from the register as of the date of issue.

Remember

1. The current legislation does not have a clear definition of the concept of a register of owners of premises in an apartment building.
2. Register of premises owners, compiled in accordance with Part 3.1 of Art. 45 of the Housing Code of the Russian Federation, does not help when conducting OSS, because it often does not indicate the details of title documents.
3. So that the register of owners of premises in an apartment building can be used when holding general meetings of owners, we recommend adding to it the details of documents confirming the ownership of premises in an apartment building. See a sample of such a registry here.

You can create a legally correct register of owners of premises in an apartment building using the “OSS 100%” service. Find out how the service works.

What is better, ordering extracts for each apartment or one register of owners?

As mentioned above, the formation of a register of owners is possible in two ways - by independently obtaining extracts for each apartment or by turning to specialized companies for help. Let us highlight the most obvious disadvantages of the first option for register preparation:

• the cost of obtaining an extract from the Unified State Register for each apartment will be from 200 rubles, and the cost of obtaining documents for all copyright holders will become an unbearable burden for the MKD budget;
• obtaining separate statements for each apartment may take a long time, due to the ignorance and dishonesty of the residents;
• if the initiative group itself decided to submit requests to the Rosreestr service, even applying through an online form will require spending a lot of time.

All these problems and difficulties can be solved by preparing a register of home owners with the help of professional specialists. In this case, there is no need to pay for each separate statement, and the cost of obtaining information for each apartment will be several times less. In addition, all received data will be compiled into a ready-made register, which can be immediately used for holding meetings of owners or other similar purposes.

Expert commentary . The advisability of independently obtaining USRN extracts directly depends on the number of apartments in the building. If there are only 5-10 residential or non-residential premises in an apartment building, it will not be difficult for even an unprepared citizen to submit a request. However, independently completing a register for a house with hundreds of premises will present obvious difficulties.

How to add and remove the owner of a premises from the register

The register of owners must be kept up to date. To do this, the director of the management organization, the chairman of the HOA, housing cooperative or other housing cooperative can appoint a responsible employee who will make entries in the register on the basis of a certificate of ownership or other title documents - deed of gift, inheritance, resolution of local government bodies.

The owner of the premises, within ten days from the date of occurrence of the basis for inclusion in the register, provides the management organization with the documents necessary for making an entry in the register.

Based on the information received from the owner of the premises, data is entered into the register indicating the details of the documents provided. Within five working days, the management organization sends the owner a notification about his inclusion in the register.

You can exclude an owner from the register if:

• alienation of residential premises by the owner;
• death of the owner or his recognition as missing;
• liquidation of a legal entity;
• other circumstances, which may include seizure of the premises for government needs or destruction of the premises.

An entry on the exclusion of the owner is entered into the register of owners of premises in the apartment building within ten days from the date of submission of documents confirming the emergence of grounds for exclusion of the owner from the register.

The period for making an entry about the inclusion or exclusion of the owner from the register should not be more than one month from the date the corresponding basis arose.

Representing the interests of owners before third parties and in court
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Certificate of cadastral value

An independent type of documentation that can be obtained when contacting Rosreestr is a certificate of the cadastral value of a house or separate premises. As a rule, this document is used to calculate tax liabilities on the property of owners or common property of apartment buildings. Obtaining a certificate of cadastral value occurs according to similar rules provided for issuing extracts.

The cadastral value of premises and apartment buildings is formed based on the results of the state assessment of real estate. This indicator often differs significantly from the real market value of the property, since it does not take into account its individual characteristics. If necessary, the copyright holder can challenge the cadastral value in an administrative or judicial manner.

For the purposes of managing the common property of apartment buildings and holding meetings of owners, a certificate of cadastral value may be needed in the following case:

• when challenging the amount of tax obligations on the common property of apartment buildings;
• when assessing property to conclude an agreement with a management company;
• for calculating payments under lease agreements, in the case of renting out premises for temporary paid use to third-party organizations and entrepreneurs.

You can obtain a certificate of cadastral value by personally contacting the Rosreestr service or by filling out the online request form on the website.

Expert commentary . If, upon receipt of a certificate of cadastral value, an overestimation of this indicator compared to the market price is revealed, it is advisable to apply to challenge it as quickly as possible. The law allows the amount of the current tax payment to be reduced if the cadastral value indicator is changed administratively or judicially. However, recalculation of taxes for previous calendar periods will not be possible.

Public contract offer for the provision of information services

1. General Provisions

This public agreement (hereinafter referred to as the Offer) represents an official proposal from the Individual Entrepreneur Alexander Vladimirovich Bormotov, hereinafter referred to as the “Contractor,” for the provision of information services to an individual on the conditions listed below.

In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), this document is a public Offer and, in case of acceptance of the conditions set out below and payment for the Contractor’s services, the person who accepted this Offer becomes the Customer (in accordance with Clause 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the Offer is tantamount to concluding an agreement on the terms set out in the Offer).

2. Definitions and terms

2.1. For the purposes of this Offer, the following terms are used in the following meaning:

The offer is a real public contract for the provision of information services.

Website – the website https://moe-sobranie.ru, used by the Contractor as a property.

The register of owners of apartment buildings is systematized information containing information in accordance with the Housing Code of the Russian Federation.

Information services - the Contractor's services for providing the Customer with information in the form of a Register(s) of owners of apartment buildings (in Excel format).

Acceptance of the Offer - full and unconditional acceptance of the Offer by performing the actions specified in clause 9.1. Offers.

Customer is a person who has accepted the Offer and is a customer of Information Services under the terms of this Offer.

Agreement for the provision of information services (hereinafter referred to as the Agreement) is an agreement between the Customer and the Contractor for the provision of Information services, which is concluded through Acceptance of the Offer.

3. Subject of the offer

3.1. The subject of this Offer is the paid provision of Information services to the Customer by the Contractor in accordance with the terms of this Offer.

4. Terms of service

4.1. The Contractor provides the Customer with the service of receiving the information requested by the Customer in the form of a document (documents) in EXCEL, PDF (RAR) format, in accordance with the request details specified by the Customer when filling out an application submitted through the Contractor’s website, or by sending a request by email to

4.1.1. The application submitted by the customer must contain: the exact address of the property (according to the Federal Information Address System "FIAS" https://fias.nalog.ru/).

4.1.2. The Contractor transmits information to the Customer in the form of a document (documents) in EXCEL, PDF (RAR) format by sending files (or links to files) to the e-mail specified by the Customer in the application.

4.1.3. The Contractor, based on the application submitted by the Customer, independently determines the number of requested real estate objects (premises).

4.2. The service provided for in clause 3.1 of this offer is provided within 14 working days, calculated from the moment of acceptance of the offer in the manner prescribed by clause 9.1 of this offer. The Contractor may extend the period for providing the service upon prior notification to the Customer by sending a notification to the email specified in the Application from the Customer.

4.3. The Contractor is considered to have fulfilled its obligations from the moment the requested information is sent to the email address specified by the Customer when generating the application.

5. Rights and obligations of the Contractor

5.1. The Contractor has the right to change the terms of this Agreement, the cost of providing Information services, methods and terms of payment for Information services unilaterally by posting changes on the Contractor's website. All changes come into force immediately after the corresponding changes are posted and are considered brought to the attention of the Customer from the moment such information is posted (published).

5.2. The Contractor has the right to independently determine the methods for completing the Customer’s assignment, independently organize all work related to the execution of this agreement, determine the direct performers and distribute responsibilities between them.

5.3. The Contractor has the right to involve third parties in the performance of its obligations under the Agreement without prior notice to the Customer.

5.4. The Contractor has the right to demand and receive from the Customer documents and information necessary to fulfill the order.

5.5. The Contractor has the right to refuse to provide Information services to the Customer if he does not receive an advance payment in the amount of 100% (one hundred percent) of the cost of Information services for the selected Order.

5.6. The Contractor undertakes to provide the services provided for in clause 4.1. of this agreement in compliance with the interests of the Customer in good faith and with high quality.

5.7. The Contractor guarantees that the information provided to him will not be used to harm the interests of the Customer.

5.8. The Contractor has the right to temporarily stop providing Information services to the Customer in the event of partial or complete failure by the Customer to comply with the terms of this Agreement.

5.9. Scheduled or unscheduled changes to the technical characteristics and parameters of software and hardware tools involved in the provision of Information services, if such changes are aimed at maintaining the functionality of software and hardware tools, or improving their functioning, including temporary (up to two days) suspension of the provision of information services.

6. Rights and obligations of the Customer

6.1. The customer is obliged to pay for the services of the contractor in the manner specified when ordering the requested information.

6.2. The Customer is obliged to provide the Contractor with complete and reliable information necessary for the execution of this agreement.

6.3. The Customer has the right to demand from the Contractor information about the progress of the contract.

6.4. The Customer is obliged to familiarize himself with the contents and terms of the Agreement before its conclusion (before Acceptance of the Offer), familiarize himself with the cost of Information services posted by the Contractor on his website without the obligation to purchase them;

6.5. The Customer is obliged to comply with the terms of this Agreement.

7. Responsibility of the parties

7.1. For failure to fulfill or improper fulfillment of the terms of this Offer, the Parties are liable in accordance with the current legislation of the Russian Federation and the terms of this Offer.

7.2. The Contractor is not responsible for the unreliability, incompleteness, or content of information provided by the cadastral registration authority specified in Art. 3 of the Federal Law “On the State Real Estate Cadastre” No. 218-FZ of July 13, 2015.

7.3. The Parties are not responsible for failure to fulfill the terms of this Offer if such failure was the result of force majeure circumstances that neither of the Parties could foresee and/or prevent by reasonable measures.

7.4. The burden of proving damages lies with the injured Party.

7.5. Under no circumstances shall the Contractor be liable to the Customer or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of information provided to the Customer within the framework of of this Agreement, the contents of the site or other materials to which the Customer accessed using the Contractor’s website, even if the Contractor warned or indicated the possibility of such harm.

7.6. The Contractor is not responsible for failure to fulfill its obligations if the failure is due to objective circumstances not related to the Contractor’s fault, such as:

interruptions in the operation of payment systems “Yandex Money”, “Qiwi”, “WebMoney” and other payment systems, banks and other methods of receiving funds associated with the involvement of third parties;

any technical failures or other problems of any telephone networks or services, computer systems, servers or providers providing access services to the Contractor or the Customer to the Internet, computer or telephone equipment, software, failures of email services, SMS gateways or scripts for technical reasons :

power outages;

actions of malware;

and etc.

7.7. The Contractor is not responsible for any damage to the Customer’s or another person’s computer, mobile devices, or any other equipment or software caused by or related to the provision of Information Services in accordance with this Agreement.

7.8. The Party is released from liability for partial or complete failure to fulfill obligations under the Agreement if this failure was a consequence of force majeure circumstances arising as a result of circumstances of an extraordinary nature that the Party could not foresee and/or prevent by reasonable measures. Such circumstances include natural disasters, accidents, fires, riots, strikes, revolutions, military actions, the entry into force of legislative acts, government regulations and orders of state bodies that directly or indirectly prohibit the types of activities specified in the Agreement, as well as any other circumstances outside reasonable control of the Parties. If these circumstances arise, the deadline for fulfilling contractual obligations is proportionately postponed for the duration of the relevant circumstance.

8. Cost of services and payment procedure

8.1. The cost of Information services provided by the Contractor, excluding payment system commission, depending on the ordered document, is:

When ordering a register of owners of MKD (price for 1 house):

— from 1 to 66 premises in an apartment building – cost 1,000 rubles per 1 apartment building;

— from 67 to 249 premises – cost 15 rubles 00 kopecks per 1 premises;

— from 250 to 499 premises – cost 12 rubles 00 kopecks per 1 premises;

- from 500 premises and more - cost 10 rubles 00 kopecks per 1 premises.

The minimum order cost is 1000 rubles 00 kopecks.

8.1.1. The final cost of Information services is determined by the Contractor based on the final number of premises from which the register of owners is prepared, according to the formula:

A * B = C, where:

A – number of premises;

B – cost of 1 premises according to the tariff for this category;

C – total cost.

8.2. All payments under the Agreement are made in Russian rubles.

8.3. Payment for Information services provided by the Contractor is made in the form of an advance payment in the amount of 100% of the cost to the Contractor's bank account.

8.3.1. Payment for Information services is made by accepting non-cash payments from the Customer using bank cards, in any electronic currency, using mobile commerce services (MTS, Megafon, Beeline), payments through the Internet bank of credit organizations, as well as others not prohibited by the legislation of the Russian Federation and in ways agreed upon with the Contractor.

8.4. The Customer is considered to have fulfilled his payment obligations from the moment funds are received into the Contractor’s bank account.

8.5. The cost of Information services can be changed by the Contractor at any time. New prices come into force from the moment of publication on the Contractor’s website, unless a different date for the entry into force of prices is further determined.

8.6. The Customer unconditionally agrees that upon termination of the Agreement or refusal to receive Information Services after payment, the Customer loses the right to demand from the Contractor the return of any amounts paid to pay for Information Services.

8.7. A refund of funds paid by the Customer for information services of adequate quality provided by the Contractor is impossible.

8.8. The Contractor has the right to conduct various promotions, both one-time and ongoing, to encourage visitors to the Contractor’s website to use Information services on more favorable terms than provided for in this Offer and the agreed prices.

8.9. Refund of erroneously paid funds is possible through a claim procedure in accordance with the legislation of the Russian Federation.

9. Acceptance of the offer and conclusion of the offer agreement

9.1. The Customer accepts the Offer by paying for the Information Services in respect of which the transaction is concluded, within the period for Acceptance, taking into account the conditions of Chapter. 8, 9 of this Offer.

9.2. The period for Acceptance is 1 (one) business day from the moment the amount specified in clause 8.3 of this offer is issued for payment for Information services.

9.3. If the Customer accepts the Offer within a period exceeding that specified in clause 9.2. Offers, the Contractor has the right, at its discretion, to accept such an Acceptance and begin providing Information Services, or to refuse to accept such an Acceptance by returning the prepayment amount to the Customer.

9.4. By accepting the Offer, the Customer agrees to the processing of his personal data in accordance with the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”. No information received by the Contractor from the Customer in accordance with the terms of this Agreement will be transferred to third parties without the consent of the Customer, except in cases where the information is used by a specialized organization engaged by the Contractor to organize payments paid by the Customer for the Information Services received.

10. Procedure for acceptance and delivery of services.

10.1. The provision of Information Services under this Agreement for Customers is confirmed by the fact that the Customer received the Information Services provided and the absence of written claims against the Contractor regarding the Information Services provided by the Contractor.

10.2. The service is considered provided from the moment the Customer receives the files to the email or mobile phone number specified when forming the application or receives a link to download the files.

10.3. The Customer unconditionally agrees that if he, within the 1st (One) calendar day from the date of actual receipt of the service in accordance with clause 10.2. of the Agreement does not make any written claims regarding the Information Services provided by the Contractor, this will be considered as the Customer’s unequivocal consent that the Information Services are provided by the Contractor in a timely manner, in full and properly.

11. Validity period and changes in terms of the offer

11.1. This Offer comes into force from the moment of publication on the Site at https://www.moe-sobranie.ru/blank-1 and is valid until the Offer is withdrawn by the Contractor.

11.2. The Contractor reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes come into force from the moment they are published on the Site, unless a different period for the changes to come into force is additionally determined upon their publication. Revocation of the Offer by the Contractor is not grounds for termination of the obligations of the Parties under already concluded agreements.

11.3. The Contractor has the right, at his personal discretion, to conduct various promotions, both one-time and ongoing, to encourage the Customer to use the Information Services in other ways on more favorable terms than those provided for in this Offer and the agreed prices.

11.4. Without conflicting with the terms of the Offer, the Contractor and the Customer have the right at any time to enter into an agreement for the provision of information services in writing on other agreed terms.

11.5. The parties unconditionally agree that silence (the absence of written notices of termination of this Agreement, or disagreement with certain provisions of this Agreement, including changes in the price list for Information services) is recognized as the Customer’s consent and accession to the new version of this Agreement.

11.6. Notice of termination of this Agreement is also recognized as any written notification from the Customer sent to the Contractor's email address about disagreement with the changes and/or additions made, or about non-adherence to the new version of this Agreement or refusal to comply with its terms.

12. Notices and notices.

12.1. The parties agree that they unconditionally recognize the legal force of texts of documents received via communication channels (e-mail), on an equal basis with documents executed in simple written form on paper.

12.2. The parties unconditionally agree that all correspondence, notices and notices received to the email address specified by the Customer when placing the Order on the Contractor’s website, and to the Contractor’s email address are considered delivered to the addressees in the proper form.

12.3. The parties are obliged to promptly check correspondence received at their email addresses.

12.4. All risks associated with the occurrence of adverse consequences due to non-compliance with the requirements of clause 12.3 of this Agreement are borne by the Party that committed such a violation.

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13. Copyright protection under the Agreement.

13.1. The use of website materials, logos and names, other identification of the Contractor is possible only with the written permission of the Contractor. When using materials from the website, it is necessary to have an active link to the Contractor’s website.

14. Other conditions

14.1. The Customer understands that the Contractor is not an authorized body in the field of state cadastral registration and state registration of rights, maintaining the Unified State Register, providing information to the Unified State Register, or a structural unit of such a body.

14.2. By performing the actions provided for in this Offer, the Customer confirms that he is familiar with the terms and text of this Offer, understands the significance of his actions, has every right to perform them, and fully accepts the terms of this Offer.

15. Details of the performer

Individual entrepreneur Bormotov Alexander Vladimirovich INN 526021316161 OGRNIP 317527500100667 Account: 40802810202740002142 Bank: JSC "ALFA-BANK" BIC: 044525593 Account: 3010181020000000 0593

Online request for the register of home owners

The most optimal option for creating a register of owners is to request information from the Unified State Register of Real Estate in electronic form. In this case, all the necessary information will be received as quickly as possible, and the electronic file of the USRN extract has the same legal force as a written document. As mentioned above, not only the copyright holder, but also any interested person can receive an extract or information from the Unified State Register.

Online request for the register of home owners has the following advantages:

• an initiative group of citizens, a management company or a homeowners association does not need to process a large volume of written documentation, and storing an archive of registers is not difficult;
• It is much easier to make changes to the electronic register of owners; specialized software can be used for this;
• an online registry request will cost significantly less than extracts in the form of written documents;
• The reliability and relevance of USRN information received through online resources is ensured by secure electronic communication channels.

A management company servicing a large group of apartment buildings can independently obtain online access to the Unified State Register of Real Estate. However, for the management company, working with the Unified State Register is not a core activity and entails unreasonable costs. For this reason, it will be much more effective and cheaper to cooperate with a company or specialist who already has an access key to the USRN registry.

Contents of the document

The provisions of Article 45 of the RF LC indicate what should be reflected in the act under consideration.

The register contains:

• number of each apartment. These provisions relate to ordinal and cadastral values;
• room size;
• owner details. The owner can be citizens or organizations;
• the size of the share in the right;
• the number of votes a person can receive to participate in a meeting of homeowners;
• the exact address;
• purpose of the premises;
• the floor on which the apartment is located.

Providing information is the responsibility of residents of apartment buildings.

What should it contain?

The list of information is specified in Order No. 44/pr of the Ministry of Construction of the Russian Federation (on approval of the form of the Minutes of the General Meeting).

1. Exact room numbers;
2. Full name of the owner of the premises or name of the organization;
3. The size of the share of each owner in square meters and its percentage in relation to the total property of the apartment building;
4. Additional information that is needed only when holding a general meeting of owners: number and date of registration of property rights, number of votes for each owner, cadastral number of the premises;

Responsibility for the absence of a register

From the beginning of 2021, all organizations managing the property of an apartment building are required to have a register of homeowners. This provision is spelled out in Article 45 of the RF Housing Code.

Otherwise, the management of the management company is subject to liability, expressed in the form of a penalty. Its value ranges from 200,000 to 300,000 rubles. Liability is provided for in Article 14.1.3 of the Code of Administrative Offenses.

Who carries out this act is also stated in Article 45 of the RF Housing Code. The legislator indicates that the meeting of residents is obliged to check the relevance of the information contained in the register.

Is it possible to hold a meeting without a register?

To hold a meeting of homeowners, this act is mandatory. These provisions are provided for in the Housing Code of the Russian Federation. The reason is that without using the register it will not be possible to know who has the right to participate in the meeting.

In addition, the document helps determine how many votes each person attending a given event has.

Register of owners of apartment buildings 2021 sample for meetings helps resolve issues regarding:

• making changes to monthly payments intended for housing maintenance and repair work;
• election of the MKD council and the chairman of this body, determination of the amount of money;
• creating a special account for paying contributions intended for major repairs;
• carrying out major repairs and ongoing work;
• participation at home in programs developed by the state and municipality;
• change of management organization;
• creation of homeowners.

In addition, the document allows you to make a decision on how to use the land on which the house is located. The register helps to update the client base for management companies or homeowners associations for the purpose of calculating payments.