Every citizen, purchasing a new living space, wants to register it as private property.

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An apartment is real estate, the transfer of rights to which as a result of acquisition must be registered in the unified state register.

In this material, we will consider in detail the procedure for registering ownership of an apartment in a new building in 2020, what documents are needed for this and in what time frame the procedure is carried out.

General aspects

Many people do not understand the nuances of registering housing as their own. Note that legal history It’s quite easy to check residential premises in new buildings.

After all, such apartments are sold directly from the developer and no transactions have yet been carried out on them.

Data from the cadastre and register of rights will be transferred to it, and subsequent registration of owner rights is already carried out through this register. In addition, a certificate of state registration of rights is no longer issued.

You will receive an extract from the Unified State Register of Real Estate, which will confirm that you are the owner real estate. A registration mark is placed on the purchase and sale agreement.

You can submit documentation for state registration at any office of a government agency, regardless of the location of your real estate.

This service is also provided in in electronic format through the State Services portal.

We will give you a step-by-step design algorithm:

Find out which authority you need to submit documents to	On the registration service portal
Collect documentation package according to the list	Which will be provided to you at a government agency
Pay	At any banking institution
Clarify the procedure and deadlines for submitting the required documentation	Some authorities have an electronic queue, and some still have coupons
Appear on the specified date with the application and all certificates	The employee will assign you a date for issuing completed ownership documents
If you receive a letter at your registration address about the suspension of the registration procedure	Due to shortages or errors in the documents, then you need to submit a corrected document to restore the process
The last stage will be to receive the finished document	In case of refusal to register, you have the right to apply to the court with

Thanks to this algorithm, you can quickly and easily register ownership of housing in a new building.

Why is this necessary?

Please note that there are two concepts that need to be distinguished - the right of ownership and the right of ownership of housing. These rights arise in the process of buying and selling real estate.

Ownership is required in mandatory register in the state register. However, if the registration process has not yet been completed, the purchase and sale transaction is considered valid in any case.

For this reason, after purchasing a home, you must go through the procedure of state registration of property rights.

Only after this can the owner legally conduct any kind of real estate transactions.

The conditions for registering ownership of an apartment in a new building are:

• availability of a protocol for the distribution of residential and non-residential space for commercial use;
• availability of a technical passport from the developer;
• availability to the developer from the state construction authority;
• the developer has permission from local administration for putting the house into operation;
• registering the house with Rosreestr and assigning a postal address.

You can check the availability of all of the above documents from the developer at its central office.

Only if you have all the legal certificates and papers will the new building be put into operation legally and you will be able to register ownership of the purchased apartment in such a building.

If the registration of a new building is delayed for more than 2 years, you have the right to file a claim in court, which will help you quickly solve the problem and get your apartment.

Regulatory regulation

Registration of property rights is also regulated by a new law, which came into force in January 2020 -.

The main requirement, which was introduced in the Russian Federation in July 2020, has been retained in the new act - state registration of property rights in the real estate register represents the only legal basis for registered rights.

Old-style certificates are already considered invalid and have no legal force.

Ownership of real estate registered in the unified state register can be disputed exclusively through judicial proceedings.

The requirement regarding registration of housing ownership has been in force in the Russian Federation since 1998, and the new legislative act only made some amendments to the current procedure for drawing up contracts with real estate.

For example, this concerns the possibility of carrying out the registration process entirely electronically without the need to appear at a government agency and provide paper copies of documents.

As before, in 2020 the legislation provides for the need for state registration in the following cases:

• emergence of property rights;
• transfer of ownership;
• suspension of ownership of the apartment.

An innovation from 2020 is the possibility of submitting an application for registration through any branch of the registration authority.

That is, even if an apartment in a new building is located in Krasnoyarsk, you can register ownership of it by submitting a package of documents to a department in Moscow.

How to register ownership of an apartment in a new building

Apartments in new buildings are the most affordable today, especially for young families.

Therefore, the issue of registering ownership of such housing worries many citizens who purchase it directly from the developer.

The main point in this procedure is the preparation of the required package of documents.

After all, the period and possibility of registering property rights depends on the correctness of filling out and legal purity.

What documents do you need to collect?

In order to complete the procedure for registering property rights, you must present a package of the following documents to employees of the government agency:

Purchase and sale transaction or paperwork on the transaction with the developer or co-investor	These documents must be signed during the purchase of an apartment.
Owner's passport	And a notarized copy
Application on an officially approved registration form	The form can be requested from the registration authority employee
Apartment acceptance certificate	—
Housing plan and technical characteristics	—
Payment receipt stub state duty for registration of property rights	Payment is made at any banking institution, and a receipt for payment can be obtained from a service employee
If the procedure for registering an apartment is not carried out personally by the owner	And his representative, then a notary is required with the right to sign and represent the interests of the owner
Photocopy of the document on the commissioning of a residential building	In operation and acceptance certificate employees of the state commission
	And the act regarding the implementation of architectural construction work

Documentation for the procedure for obtaining property rights to housing must be drawn up in two copies. One copy is retained by the owner, and the second is submitted to the title institution.

All forms must be completed clearly and legibly. It is not allowed to make abbreviations, corrections, or cross-outs of names, addresses, or surnames in an official document.

Documents that are unreadable and have marks or strikethroughs will not be accepted for consideration.

Forms filled in in pencil or damaged papers that are missing the required information will also not be accepted.

This is the form in which the documentation package should be provided for registration of ownership of housing in a new building in 2020.

All certificates and papers must be bound before submitting to a government agency employee. Each page is numbered and certified by the seal of the organization that provided these documents.

Where to contact

Ownership is registered in regional office Unified State Register.

Upon receipt of documents from the applicant, the registration service employee carries out a detailed check of all pages for compliance with legal requirements.

It is also possible to register ownership of an apartment in a new building through the MFC.

If the purchased apartment is located in a new building, then employees check the documents confirming the fact of construction of a residential building.

The correctness and legality of the commissioning of a new building and the distribution of living space among apartment owners is also checked.

Video: how to register ownership of an apartment

It is also possible to send a package of documents by post with a list of enclosed papers and certificates.

Such a letter is sent with notification of receipt and the indicated value of the document. In this situation, the owner’s signature must be notarized.

Deadlines

The law establishes that a registration service employee must check and study documents within 30 days.

At the end of this period, a record of the acquired ownership right must be made in the Unified State Register.

In this case, the process is considered completed, and the owner receives a document confirming ownership of the apartment in the new building.

Happen various situations when the period for consideration of an application may be delayed:

Conflict situation between investor and customer shared construction residential building	This can happen even when the construction process has already been completed, the house has been put into use, but the documents for the registration authority have not yet been fully collected and prepared for submission
In the absence of agreement between the local administrative authority and the investor	Which, for various reasons, delays the submission process necessary documents to the registration authority
In such situations, to speed up the registration process	It is necessary to go to court with a statement of claim. The court, after considering all the materials of the case, makes a decision regarding the registration of ownership of the apartment

Nuances of a mortgage

How to correctly register an apartment in a new building as your property, what are the advantages of new buildings and why the DDU remains the most reliable form of relationship between the buyer and the developer we analyze the issues in detail.

How to register ownership of an apartment in a new building

Transactions on the primary market, in contrast to the secondary market, are considered the safest, since questions about registration of previous owners, debts for the property and other unpleasant nuances are excluded.

However, collecting all the papers may take longer than expected. Therefore, if the buyer initially understands what documents are needed to register property, this will significantly speed up the process of registering an apartment.

For its part, the developer is first required to implement a number of mandatory procedures:

• Draw up a protocol on the separation of residential and non-residential square meters each apartment
• Permission must be obtained from the BTI to start (put into operation) the house
• Draw up a protocol indicating the distribution of all apartments in the specified new building among the future owners - exactly what area is assigned to whom.
• Coordination of all obligations between the developer and the local government - Certificate of implementation of the investment contract.
• Sign with all shareholders the Acceptance and Transfer Certificates for each apartment in the newly constructed building - let us remind you of our recommendations on how to accept housing and avoid possible mistakes.

From the moment the developer has completed all the mandatory procedures for properly registering the building and opening a registration address, future owners can begin to obtain ownership rights to the apartment acquired under the contract.

It is important to know here: the DDU (Share Participation Agreement) in a new building assumes that registration of ownership of the apartment by the developer, on a free or conditionally paid basis, is possible. A construction company often takes care of all the hassle of legalizing and submitting documents to authorized bodies and the subsequent receipt by the shareholder of the same extract from the Unified State Register that replaced the previous “green certificate”. the federal law dated 07/03/2016 N 360-FZ

The fulfillment of obligations by the developer does not always correspond to those stated, and in order to speed up the process of legalizing property, equity holders (co-investors) often prefer to independently register the rights to the purchased apartment. As a result, the future home owner faces the need to choose from three possible options developments of events.

1. Registration of property purchased in a new building through a construction company

If the developer has a decent reputation and repeated experience in registering all the necessary documents for the shareholder to obtain property rights, and all delays are related to the objective features of the registration of the building in Rosreestr, it is worth waiting for the obligations to be fulfilled, since it is hardly possible to speed up the process on your own. In this case, the submission of a package of papers and the legalization of rights to real estate occurs on the basis of a Power of Attorney issued from the shareholder to the developer.

2. Registration of property rights on your own

It is not so difficult to deal with the registration of home ownership on your own - General terms The process for future apartment owners is quite loyal and involves three design options:

• At the MFC specialists of multifunctional centers prepare and staple documents for sending them to Rosreestr independently, the applicant is notified of each change in the status of the application via SMS, the conditions for such cooperation are quite comfortable. Obtaining confirmation of the legal right to own an apartment takes a little longer than if submitted directly (to Rosreestr), but is not so critical; on average, the increase in time does not exceed 2 days.
• Rosreestr in this case, saving time on obtaining an extract from the Unified State Register will be no more than 2 days, but at the same time submitting documents to Companies House excludes any intermediary services and involves filling out and stitching papers yourself. Rosreestr specialists may refuse to accept the package if the documents for the apartment being legalized contain corrections or blots or other damage that could affect the readability of the text. Comments on the semantic content are also possible if ambiguity in interpretation arises during reading.
  Important. January 2, 2017 effective date of amendments No. 218-FZ: now, on the basis of the amendments, to register rights to an apartment, the choice of any Rosreestr branch convenient for the property owner is provided. This means that purchasing housing in a new building in one of the cities of the Russian Federation requires filing an application for its legalization in any other locality.
• Public services convenient online service, where all necessary forms for documents are filled out via the Internet. The convenience of this method lies in the fact that the system indicates errors before registration, eliminating the risks of repeated corrections and filing applications to formalize the rights to legal ownership of an apartment. If the questionnaire is filled out correctly, a day and time for a visit to the Registration Chamber is assigned to present the original documents and subsequently post the status of the apartment in the Unified State Register.
  Important. When using the resources of the State Services website, you must have an EDS (electronic digital signature).

Which method of submitting documents will be chosen is up to the future owner of the property to decide personally. But for each, you will need to first collect, fill out and execute an identical package of papers confirming the authority of the person submitting the request and the current status of the apartment.

Documents and their preparation

Convincing the cadastral authorities of the legality of filing an application is necessary on two levels - papers will be required to certify the identity of the applicant and the basis for which the service is required.

Types of documents confirming the identity of the applicant:

• Passport of a citizen of the Russian Federation (for persons over 14 years old), a copy of this document, certified by a notary. Also, a temporary certificate is accepted (form No. 2P)
• Birth certificates (if the co-owners of the apartment are minors)
• Passport of a citizen of a foreign country when he acts as the future owner of the apartment. Additionally - a notarized translation of the foreign applicant’s passport.

Important. The identity of the applicant can be confirmed, including a seafarer’s passport, a refugee certificate and a temporary certificate indicating the pending application for recognition of this status

Forms, certificates, acts related to registration of rights to an apartment

• Application by in the prescribed form(download sample form) 1 pc.
• DDU (agreement for shared participation or purchase of an apartment) original (returnable), additionally 2 copies
• An act confirming acceptance/transfer of an apartment
• Plan of the premises to be designed (floor by floor)
• Explication
• Payment of state duty (copy of receipt)
• Power of attorney to represent interests if the future owner of the property acts through a representative (notarized)

Registration of ownership of an apartment in a new building with a mortgage

If there are minors among the applicants for the property, and the apartment was purchased on a mortgage and the housing is security for an installment plan, a Permission obtained from the guardianship authorities will be required.

This set of documents is the most common, and if the entire package is collected, filled out and prepared correctly, you can receive an extract from the Unified State Register, and therefore the rights to an apartment, within a month. You should pick up the official document confirming the ownership of the specified property in the same place where the application was submitted.

Advice: if registration is required for mortgage apartment, the correct submission of the package of required papers and their error-free filling will be ensured by MFC specialists. In this way, you can avoid returning the application for legalization of property and wasting time on resubmission.

How to obtain property rights through court

In rare cases, the developer may be unwilling to provide the required Certificates and Technical Data Sheets due to the inability to eliminate deficiencies identified during the delivery of the house. If a new building, for a number of reasons, cannot go through the registration procedure, which results in the absence of the package required to submit to the appropriate authority for obtaining ownership rights, judicial regulation is the best way out.

How can participants in shared construction or buyers of housing in new buildings submit statement of claim on the recognition of property rights, if it is first necessary to collect the very missing documents that do not yet exist or the developer refuses to issue papers?

The optimal solution is to contact specialized specialists and entrust them with such a complex task associated with registering home ownership. This service is paid, and the cost of the work, correlated with the speed of its completion, looks more optimistic than, for example, the developer’s proposals for a certain fee to resolve the registration issue and all the discomfort he himself created.

All missing Acts, certificates from the BTI, Permits and Protocols are collected by lawyers, who subsequently correctly, without the possibility of rejection, draw up a Claim and represent the interests of the potential owner of the property being considered for judicial appeal. In most cases, the court decision in such actions is made in favor of the plaintiff and the apartment acquires legal status and owner.

Is it possible to postpone obtaining rights to an apartment?

There is no law obliging everyone who bought a home in a new building to urgently obtain title documents. Obtaining an extract from the Unified State Register is a voluntary decision, not criminally punishable, but still has its consequences. In this case, the buyer will not be able to carry out a number of important actions:

• Get a registration applies to the owner and his family members
• Selling, donating, renting out, or leaving such an apartment as an inheritance will also not work.
• The status of the owner is conditional and does not apply to the grace period of three years, which exempts from paying personal income tax.
• Benefits for public utilities are not charged, and the tariff for payment for housing and communal services provides for an increase in standard
• Allocation of space for minors, even if used maternity capital also impossible.

If you have theoretical knowledge and understand the basic rules of communication with developers and government agencies, buying an apartment on the primary market with subsequent independent, judicial legalization of your rights or turning to intermediaries no longer looks like a complex and difficult task.

The head of the legal department of the Ecodolie Group of Companies, Ivan Kudryashov, told the website about the registration of ownership of the apartment, its transfer to the buyer and the nuances of this procedure.

Registration of ownership rights to the developer

The ownership of an apartment in respect of which an agreement on participation in shared construction has been concluded is not registered with the developer. The developer's right can only be issued for those areas that have not yet been sold after the house has been put into operation.

Previously, when concluding a DDU, there were delays in registering property rights, but this problem was solved many years ago with the adoption of 214-FZ and the introduction of a procedure applicable to the registration of property rights. Such delays depended on the signing of a protocol on the execution of investment contracts with the authorities. From time to time, difficulties arose with the distribution of apartments between the city and the developer, as a result of which the registration of ownership rights of individuals was delayed.

Now there are no such problems, therefore, within 1-2 months after putting the house into operation, in accordance with the terms of the DDU, an apartment acceptance certificate must be signed. Today at apartment buildings The cadastral registration of both the building itself and each of its premises is carried out immediately - if there is a signed act, difficulties with registration usually do not arise.

Transfer of ownership to the buyer

From a legal point of view, the buyer acquires ownership of the apartment from the moment state registration this right. It is issued after signing the transfer and acceptance certificate of the new building.

After completion of construction, the developer must present the house to the Construction Supervision Commission, ensure the flow of communications into the building, and obtain certificates of completion technical specifications, conduct tests, sign contracts for energy supply and other resources. At the same time, he must have a conclusion about the conformity of the object project documentation and technical regulations.

With this package of documents, the developer applies to the administration of the municipality - he is given permission to put the facility into operation.

After receiving permission, the property becomes completely legal. It can be transferred to participants in shared construction. The developer sends letters to buyers - within the time period specified in the DDU, they are required to come to inspect the apartment and sign the acceptance certificate. If the participant in shared construction has no serious comments, he signs the act. Then he can contact the Rosreestr department to register ownership.

List of documents to be submitted to Rosreestr for registration of property rights:

1) act of acceptance and transfer of the apartment (2 copies);

2) cadastral passport for the building, original and copy (or you can simply put the apartment into cadastral registration according to the act, then Rosreestr must independently request a passport from the cadastre; this does not affect the registration period);

3) a receipt for payment of the state fee for registration of the right in the amount of 1000 rubles. + her copy.

Nuances of registration of property rights

After signing the acceptance certificate for the apartment, the buyer can register ownership at any time - it all depends on his needs and wishes. For example, if the property was purchased with a mortgage, it is better to register faster, since having a certificate of ownership reduces interest rate on loan. But the design itself in this case is more complicated - in mortgage agreements, as a rule, it is recorded that the participant in shared construction, together with standard documents For registration, you must provide a mortgage on the property, issued by a bank.

It is also necessary to take into account that, together with the first signed acceptance certificate for a particular house, the registering authority (Rosreestr department in the relevant municipal formation) an expanded set of documents must be transferred. If the set of documents is incomplete (all cadastral passports are missing, permission to put a residential building into operation has not been submitted, etc.), the registering authority may refuse to register the buyer’s right. But legally this does not affect the rights of the shareholder, since the apartment has already been transferred to him, and permission to enter has been received.

The set of documents that the first shareholder brings to Rosreestr differs from the usual one by one position:

1) permission to put the facility into operation;

2) act of acceptance and transfer of the apartment (2 copies);

3) cadastral passport for the building, original and copy (or you can simply register the apartment according to the deed, then Rosreestr must independently request a passport from the cadastre; this does not affect the registration period);

4) Receipt for payment of the state fee for registration of the right in the amount of 1000 rubles. + her copy.

There is a practice of transferring an apartment to the buyer before permission to put the house into operation - this is illegal. In this situation, the shareholder is at risk because there is no legally registered object. Accordingly, it is legally safe not to accept an object if the residential building has not been put into operation. But if you need to sign an act, you need to make do with minimal investments in finishing in case the object was built improperly.

Publication date September 09, 2014

Hello. Whether under an equity participation agreement, under an assignment of rights agreement, or under a share accumulation agreement (participation/entry into a housing cooperative), ownership of an apartment is registered in the same way. Therefore, my instructions are suitable in most cases.

According to Art. 219 of the Civil Code of the Russian Federation, only after registration of ownership of an apartment can one be considered its full owner. Otherwise, many people think that for this it is enough to simply buy an apartment from the developer and have the keys.

Stage No. 1 - Check with the developer whether it is possible to register ownership of the apartment

If the developer has notified that the apartment can be registered as a property, go to. Usually the developer notifies about this by phone, SMS or on his website/forum.

You can register ownership of an apartment only if:

• The developer obtained permission from the district administration to put the house into operation.
• The district administration registered the house with cadastral registration in Rosreestr.
• The developer drew up a protocol for the distribution of residential and commercial real estate.
• The developer issued a technical passport for the entire house in BTI (Bureau Technical Inventory).
• The district administration assigned a postal address to the house.
• The developer executed a transfer deed with the State Architectural and Construction Organization.