Order state registration any real estate within the Russian Federation governed by the following legal sources:

• Federal Law No. 122-FZ (clause 7) of July 21, 1997 “On state registration of rights to real estate and transactions with it”;
• Civil Code of the Russian Federation (Article 551, paragraph 1). This article talks about the abolition of the mandatory registration of purchase and sale agreements in the Russian Federation from 03/01/2013. That is, previously two registration entries were made with the Unified State Register, and now one is made only upon the transfer of ownership.

Article 551. State registration of transfer of ownership of real estate

1. The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration.
2. Execution of a contract for the sale of real estate by the parties before state registration of the transfer of ownership is not a basis for changing their relations with third parties.
3. In the event that one of the parties evades state registration of the transfer of ownership of real estate, the court has the right, at the request of the other party, and in cases provided for by law Russian Federation about enforcement proceedings, also at the request of the bailiff, make a decision on state registration of the transfer of ownership. A party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.

The question arises: But what to do with objects for which legal acts were recorded before these regulatory documents came into force?

No answer: rights to such apartments must undergo state registration without fail.

The owner always has a choice - whether to register the rights to the apartment with the Federal Registration Service (with registration of the transfer of the right to the Unified State Register) or contact a notary (?). After all, he has all the powers to certify the fact of purchase and sale between the two parties.

However, this choice must be meaningful, and the significance of state registration and its legal meaning should be clearly understood.

During state registration of any real estate transactions, information about changing owners is reflected in the Unified State Register of Property Rights (USRP).

Only after this can owners freely manipulate your own home:

• sell;
• present;
• rent out;
• bequeath;
• give bail;
• position as property when mortgage lending to expand living space.

Unlike state registration, concluding an agreement through a notary will not provide such broad powers.

Notarial agreement only certifies the transfer of ownership to the new owner. That is, a new property right has arisen, but it has no legal force.

There is one more catch that threatens the buyer (that is, the new owner). The fact is that sometimes scammers “sell” the same apartment twice, if not three times.

The scam unfolds rapidly, with total preparation “on all fronts” (even down to fake notaries!), using duplicates of title documents or even using fake forgeries.

What does state registration of an apartment purchase and sale transaction in the registration chamber provide?:

• when contacting the state registrar, it is necessary to find out whether the current buyer is buying an apartment that was already sold a little earlier;
• your transaction registered through the UFSR is protection against fraudulent sales of this apartment behind your back. That is, if someone comes tomorrow and declares that he also bought the same object, you can safely present him with your legal Certificate of State Registration of Property Rights along with a registered agreement and politely say goodbye.

A sample apartment purchase and sale agreement can be downloaded.

Can the procedure be refused?

Sometimes the registration authority finds the declared transaction impossible. Reasons may vary, although they all relate to the documentary insolvency of the object:

• the documents submitted for registration (of course, not all, but one or two of them) have signs of falsity. Authenticity is judged on the basis of an in-depth legal examination carried out by employees of the Federal Registration Service after receiving the documents;
• All documents submitted for registration are genuine, but circumstances have been identified due to which the alienation of the apartment to the new owner is impossible. For example, persons temporarily deregistered (those in prison, on a long-term foreign or polar business trip, etc.) apply for the use of an apartment;
• other reasons.

When does registration take place?

The registration procedure is not difficult. How does registration take place:

• both parties go to an appointment with the Federal Registration Service of the district where the object is registered;
• present their passports;
• the registrar carries out a visual inspection of the submitted documents (for defects, marks, completeness);
• the buyer and seller write applications to the registration service;
• If the package of documents is satisfactory, the registrar issues a receipt to each party confirming that the transaction has been completed (indicating the list of documents).

At the end of the waiting period new owner receives documents for an apartment (issued in his name) at the Federal Registration Service’s issuance window.

The seller is also given an official document, and it is advisable to pick it up(copy of the purchase and sale agreement). It may be required in the future when you have to resolve the issue in connection with the sale of real estate.

Where to contact?

Where and how many days does it take to register an apartment purchase and sale agreement? Who registers the contract and how is it done?

Each city has its own department of the Federal Registration Service. Small rural settlements are assigned to the registration service in the regional center, where there is a department for working with the region.

But this path, alas, is not always smooth. The number of transactions carried out is quite large, so it is often incredibly difficult to get an appointment with the registrar.

To avoid hours-long queues, there are alternatives:

• services of a real estate agency with a good reputation;
• MFC (multifunctional center where juristic documents, and transactions are registered an order of magnitude faster). This structure appeared not so long ago, but works very successfully in a number of large cities in Russia;
• Contact a competent lawyer who deals with housing issues. Such specialists always have access to registrars in line with business relationships. In addition, lawyers will help level out the slightest details of the upcoming transaction and secure it.

What documents are required?

What documents must be submitted to the registry office when selling or buying an apartment? To register a purchase and sale transaction, you need to collect a package of documents:

When the documents for registration of the apartment purchase and sale agreement have been collected, at the time of their submission filled out directly in the registrar's office.

It provides a list of documents submitted for the sale, and also indicates the preferred form of receiving the registered purchase agreement and Certificate (at the extract office or by mail).

Deadlines

What are the deadlines? How many days does it take to register an apartment purchase and sale agreement with the registration chamber (Rosreestr)?

According to the law, the period for registering an apartment purchase and sale agreement is 30 working days. Sometimes documents are ready much earlier - in 10-15 days. Registration through the MFC takes no more than 5-7 days.

You can inquire about readiness by phone indicated in the extract received from the registrar. Some cities have adopted a different system: any questions regarding transactions are asked through a common multi-channel help desk telephone.

When registering through the MFC, reference numbers are also provided. It is recommended to call there within 10 days from the date of submitting documents.

For what? The fact is that you can never know with a guarantee whether a deal will go smoothly or whether it will be suspended. Any suspension is accompanied by an official letter, which is sent by mail at the expense of the budget.

All this will take time. So as not to lose him, It’s better to call the help desk and find out if there are any suspensions for a specific transaction.

Not every transaction goes smoothly and smoothly. There are certain pitfalls and difficulties legal nature, problems with owners and third parties claiming the apartment.

To successfully complete registration, it makes sense to contact competent lawyers specializing in real estate matters.

The authorities of the Russian Federation established at various levels of functioning are vested with special powers. Among those dealing with cadastre and real estate issues is Rosreestr. What are the specifics of the work of this department? What is its organizational structure?

General information about the department

Rosreestr - what is it? This name corresponds to the federal department - the Cadastral Service, which carries out activities related to the reflection in state registers of information about rights to real estate, as well as transactions with it. In addition, the department is responsible for infrastructure related to spatial data of the Russian Federation. The Cadastral Chamber is subordinate to Rosreestr.

Department location

Where is Rosreestr located? Address central office department, which is located in Moscow: st. Vorontsovo Pole, 4a. Rosreestr specialists resolve many issues over the phone—there is a support service for this. By contacting there, you can clarify certain information about where Rosreestr is located in a particular region, the address of the corresponding agency representative office in a constituent entity of the Russian Federation.

History of the department

Let's look at how Rosreestr was created ( official name - Federal registration cadastre and cartography).

It can be noted that its establishment was preceded by a rather long history of the development of cadastral legal relations in Russia. Among the most famous events reflecting these relations is the implementation of the General Land Survey in accordance with the Manifesto of September 19, 1765.

Subsequently, land managers Russian Empire continued to solve problems related to the delimitation of various lands and possessions. In 1907, a separate Committee was formed, responsible for land management matters. In 1911, a separate Regulation was adopted regulating this area.

After the Revolution of 1917, the land in the state was nationalized. As part of the strategy for subsequent socialist construction, various ones were issued for the use of citizens and business entities. For example, in the 1930s, agricultural artels could receive large territories. To do this, government agencies had to solve the problems of land surveying, that is, carry out functions close to those performed by modern federal Service state registration of cadastre and cartography.

In the post-war period, the Soviet leadership placed emphasis on the development of virgin lands. This direction of socialist construction, again, involved the introduction and improvement of approaches to land surveying of territories for various purposes.

After perestroika, the institution of private land ownership returned to Russia. Appeared a large number of property owners - citizens, organizations. Legal relations with their participation required the state to establish a special competent agency that would regulate the procedure for concluding real estate transactions.

Establishment of the department

The establishment of the agency in question was in the process of administrative reform in March 2004. Initially, the body was called Rosregistration. He was responsible for resolving a fairly wide range of issues. For a certain period, within the framework of the corresponding departmental vertical, the Rosreestr of real estate objects functioned. In March 2009, the period of transfer of its functions to Rosreestr was completed.

Thus, gradually, taking into account the peculiarities of the country’s socio-economic development, the authorities came to the establishment of such a structure as Rosreestr. What is land management in the modern sense, which reflects the specifics of the work of the department in question?

First of all, this line of activity involves a detailed study by competent specialists of the condition of various real estate objects, especially if they have a significant economic purpose. However, land management is not the only function performed by Rosreestr. of this department today?

It is aimed, first of all, at the formation of a unified system for cadastral registration of various real estate transactions for the entire country, and the effective implementation of legislative norms in this area of ​​legal relations.

Main powers of Rosreestr

The main powers that Rosreestr has are as follows:

• maintaining a national register of real estate rights, cadastre, catalog of geographical names;
• maintaining a register of the state fund of information obtained as a result of land management;
• exercise of supervisory powers;
• implementation of land monitoring - within its competence;
• implementation of control over land management;
• carrying out examination of documentation related to land management.

Accountability of Rosreestr

The agency in question is accountable to the Russian Ministry of Economy. Before this, it was subordinate to the Ministry of Justice of the Russian Federation. In its activities, the body is guided by the Constitution of Russia, federal sources of law, international agreements, and departmental acts of the Ministry of Economic Development.

Registration of various objects and legal relations in Rosreestr is carried out through the federal office and territorial structures. In some cases, various subordinate organizations are involved in the work of the department. If necessary, registration with Rosreestr is carried out through the interaction of different people on issues within their sphere of competence. In addition, the agency’s activities may be related to communications with municipal public structures and other economic entities.

Organizational structure of the department

Considered federal body is headed by a manager who is appointed to the position by the Government of the Russian Federation on the recommendation of the head of the Ministry of Economic Development. The head of the department has deputies. They, in turn, are appointed by the head of the Ministry of Economic Development on the recommendation of the head of the department.

Various departments of Rosreestr solve a wide range of problems related to the exercise by citizens and organizations of their rights in the field of real estate transactions and other legal relations, participation in which is within the competence of the department. Organizational structure its various divisions are determined at the level of specific representative offices of the relevant federal body.

This is the specificity of the activities of the department, whose name sounds like Rosreestr. We have studied what the Federal Cadastre Service is. This government structure is responsible for regulating a wide range of legal relations within the framework of real estate transactions involving both individuals and legal entities.

→ List of documents

We present to your attention a list of documents submitted for state registration of property rights.

1. Application for state registration of property rights. To be filled out by the buyer directly at the registration chamber employee’s desk. The application form is issued by him.

2. A power of attorney drawn up in accordance with the procedure established by law to conclude an agreement, if the party to the agreement is a person acting on the basis of the power of attorney, and (or) a notarized power of attorney to represent the interests of the party to the agreement during state registration. Done by a notary. The original and a copy of the document are provided.

3. Payment document confirming payment state duty for state registration of an agreement and (or) right. Receipt for payment of state duty. Provided by the buyer and seller of real estate. See details and payment procedure. Originals and copies of these documents.

4. A document of title confirming the seller’s ownership of the alienated real estate. Documents of title: purchase and sale agreement or gift agreement, or agreement to transfer an apartment into the ownership of citizens, or a certificate of inheritance, or an agreement equity participation, act of acceptance and transfer of an apartment, or agreement of assignment, act of acceptance and transfer of an apartment, etc. Provided by the real estate seller in original.

5. Plan of the object, certified by the organization (body) for registration of real estate and (or) carrying out activities for maintaining the state land cadastre (technical passport, cadastral plan, etc.). Submission of the said plan is not required if the plan of the relevant facility real estate has previously been presented and placed in the appropriate title deed file. A technical or cadastral passport and a copy thereof are provided by the seller if the property being sold was purchased by him before 1997, and the documents were not provided to the registration chamber before the sale; accordingly, the seller does not have a certificate of state registration of ownership. A technical and cadastral passport can be ordered from the BTI.

6. The purchase and sale agreement in at least three original copies, if the agreement is made in simple written form, the originals.

8. Certificate of persons having the right to use residential premises, certified official, responsible for registering citizens at their place of stay and place of residence. A certificate of registered persons in the property being sold or an extract from the house register. This certificate is taken from management company Housing and communal services (municipal unitary enterprise, homeowners' association). Provided by the seller. Original and copy of the document.

9. Permission (consent) of the guardianship and trusteeship authority:

• when buying and selling real estate owned by minors, incompetent, or partially capable persons;
• when buying or selling real estate in which members of the owner’s family who are under guardianship or trusteeship live, or minor members of the owner’s family left without parental care, if this affects the rights or interests protected by law of these persons;
• to give consent by the legal representative to a minor aged 14 to 18 years to waive the right of pre-emption to purchase a share in the right common property to property or to the refusal of the legal representatives of a minor under 14 years of age from this right;
• in other established by law cases;

If real estate (apartment, room, share in an apartment) is owned by minors, incapacitated persons, or persons with limited legal capacity, then official permission (consent) of the guardianship and trusteeship authorities is required for its sale. The document is provided by the seller in the original and a copy. You must keep in mind that such permission will be issued to you by the guardianship authorities if they are sure that other real estate will be provided to this category of owners in exchange for the property being sold. At the same time, the rights of minors, incapacitated, and partially capable persons will be respected. Read more.

10. Written consent of parents, adoptive parents or guardians, if the seller or buyer is a minor aged 14 to 18 years;

11. Written consent of the trustee, if the seller or buyer is a person with limited legal capacity;

The document in paragraphs 10 and 11 is provided by the seller and/or buyer if the seller and/or buyer of the apartment, room or share in the apartment is a minor citizen aged 14 to 18 years or a person with limited legal capacity. These persons have the right to dispose of their property and the right to sign. These persons, along with the other participants in the transaction, sign the real estate purchase and sale agreement and other related documents. In order not to provide such permission, you can add a couple of lines about the consent of parents and/or guardians in the preamble and when signing the purchase and sale agreement. For example:

CONTRACT OF SALE Moscow, September 4, 2011 We, the undersigned: Ivanova Lyudmila Alekseevna, date of birth 08/17/1965, passport 56 02 111222 issued by the Oktyabrsky District Department of Internal Affairs of Penza on 06/21/2001, registered at the address: Penza, Pobeda Street, building 11, apt. 50, hereinafter referred to as "Seller" on the one hand, and Petrova Nadezhda Alekseevna, date of birth 01/02/1965, passport 56 00 222111 issued by the Federal Migration Service of Russia in Penza, registered at the address: Penza, Fabrichnaya street, building 14, apt. 23, Petrova Natalia Alexandrovna, date of birth 06/05/1996, passport 56 00 222333, issued by the Department of Internal Affairs of the Zheleznodorozhny district of Penza on 10/16/20010 registered at the address: Penza, Fabrichnaya street, building 14, apt. 23, acting with the consent of her mother Petrova Nadezhda Alekseevna, hereinafter referred to as the “Buyers”, on the other hand, collectively referred to as the “Parties”, have concluded genuine contract about the following: ........................................... ........................................... Signatures of the parties: "Salesman" Ivanova Marfa Vasilievna (Signature) "Buyers" Petrova Nadezhda Alekseevna (Signature) Petrova Natalya Aleksandrovna (Signature), acting with the consent of her mother Petrova Nadezhda Aleksevna. Mother agrees. Petrova Nadezhda Alekseevna (Signature)

As I already said, the participants in the transaction, when signing the purchase and sale agreement, write their full last name, first name, patronymic in their own hand and put a signature. This also applies to writing the so-called consent of parents and/or guardians directly in the agreement itself, when signing it.

12. A document confirming the powers of the legal representatives of minors, persons with limited legal capacity, incompetent persons (a court decision declaring a citizen incompetent, a resolution of local government bodies on the appointment of a guardian, etc.). Provided by the buyer and/or seller in the original and a copy if the party to the transaction is a minor, with limited legal capacity, or an incapacitated citizen. For minor citizens, this document will be a birth certificate. Original and copy.

13. Notarized consent of the seller’s spouse, if the seller is one of the spouses, and the real estate is in common joint ownership of the spouses. Done by a notary. The document is provided by the seller in the original and a copy.

14. Notarized consent of the buyer’s spouse, if the buyer is one of the spouses, and the property is purchased in common joint ownership spouses, and the transaction is subject to state registration; marriage certificate or divorce certificate. Done by a notary. The consent of the spouse and the marriage certificate are provided by the buyer in the original and a copy.

When purchasing residential premises using credit (borrowed) funds, the following must be additionally submitted:

1. Loan agreement or contract targeted loan;
2. Mortgage note (when a mortgage is certified by a mortgage note), documents specified in the mortgage note as an attachment;
3. Report independent appraiser on the assessment of residential premises when certifying a mortgage;
4. Consent of the guardianship and trusteeship authority to the alienation and (or) mortgage of residential premises in which the family members of the owner of this residential premises who are under guardianship or trusteeship live, or minor members of the owner’s family left without parental care, if this does not affect the rights or legally protected interests of these persons;
5. Consent of the guardianship and trusteeship authority to mortgage a residential premises in the event of acquiring property in the name of a minor, incapacitated or limited in legal capacity person;

A credit agreement or a targeted loan agreement, the buyer must obtain a mortgage from the lending organization that provides him cash for purchasing real estate. The independent appraiser's report is provided by the buyer in original and copy. Consents from the guardianship and trusteeship authorities are provided by the seller/buyer in original and copy.

And lastly, all participants in a real estate purchase and sale transaction must present identification documents (passport, birth certificate, etc.) when submitting documents for registration of the purchase and sale agreement and transfer of ownership.

Imagine, you bought an apartment in a new building, accepted it from the developer, and received transfer and acceptance certificates. Next you need to register ownership of the apartment. This is where the very word “Rosreestr” comes to mind. In today’s article we will tell you what Rosreestr is, when and why it is needed.

What is Rosreestr

Rosreestr is the Federal Service for State Registration, Cadastre and Cartography. This is the executive body that organizes unified system cadastral registration real estate, state registration of rights to property and transactions with it.

If you need to legalize a transaction, find data on real estate or land, everything can be done in Rosreestr. Main tasks and functions of the service:

• lead the One State Register real estate (USRN);
• Unified State Register self-regulatory organizations(GRSO);
• State Real Estate Cadastre;
• State catalog of geographical names;
• consolidated state register of arbitration managers;
• state fund of data obtained as a result of land management;
• carry out state land supervision;
• state geodetic supervision;
• monitor lands (except for agricultural lands);
• control the implementation of land management;
• carry out examination of land management documentation.

Rosreestr stores information on more than 150 million real estate properties throughout Russia. This residential buildings, apartments, summer cottages, agro-industrial farms and factories, roads, bridges, power grids, forests and nature reserves.

When you receive the keys to the apartment, your task as the future owner is to ensure that the state enters information about your new apartment into this register.

How is the Rosreestr useful?

A few years ago you had to stand in line at the Rosreestr office, Cadastral Chamber or MFC to register ownership of an apartment or legalize a transaction with other real estate. Now everything can be solved on the Internet at rosreestr.ru.

Rosreestr website - convenient way obtaining real estate services, a source of up-to-date information about services and properties, and a way to report changes in ownership.

All services for transactions with land and real estate are available on the portal for individuals and legal entities.

Registration of rights to real estate

To become the owner of an apartment, house, land plot and other real estate, it is necessary to legalize ownership. This is an inalienable right of a Russian citizen and the basis of a legal society. Without ownership rights, you will not be able to conduct any transactions with real estate and land.

Cadastral registration

Cadastral registration is a huge housing base. If an apartment or house is registered in the cadastral register, it means that they have documents and sales transactions can be made with them. Usually the developer puts new buildings on cadastral registration until you receive ownership.

If you need to register a plot of land as your own, an apartment with redevelopment, or a house on the secondary market, then submit an application for cadastral registration on the website.