→ List of documents
We present to your attention a list of documents submitted for state registration ownership.
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. Document of title confirming the seller’s ownership of the alienated property 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 said plan is not required if a plan for the relevant real property has previously been submitted and placed in the appropriate title 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;
- for the legal representative to give consent to a minor aged 14 to 18 years to waive the right of pre-emption of a share in the right of common ownership of property or for the legal representatives of a minor under the age of 14 to waive 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 SALEMoscow, September 4, 2011 We, the undersigned: Signatures of the parties: "Salesman" "Buyers" |
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 agreement 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.
Registration of residential premises in Companies House– a mandatory procedure to confirm a citizen’s rights to an apartment and protect his legitimate interests from fraudsters.
The registration process consists of several simple sequential steps and does not take much time. For the convenience of citizens, there are several ways to register housing with the relevant government agencies.
Why is it necessary to register an apartment with the Companies House?
When carrying out any property transactions with certain real estate (for example, when selling an apartment), it is necessary to register the transfer of ownership from one owner to another. This information on the transfer of rights to housing to another person must be mandatory be entered into the unified civil service register.
Otherwise, the new owner of the residential premises will not be able to fully own and manage the purchased apartment.
The main transactions that must be registered with the relevant government agencies include:
- completion of building construction;
- receiving housing as a gift;
- privatization of an apartment;
- receiving property by inheritance;
- acquisition of real estate;
- making significant changes to the object (for example, changing the name of the street);
- recognition of the right to an apartment in connection with a court order;
- in other cases of emergence of property rights.
To carry out registration actions, a citizen should contact a special government agency - the registration chamber. The Registration Chamber, otherwise called the unified Rosreestr or Unified State Register, is government agency involved in registration of transfer of rights to different types property and entering information about the owner of the property into a unified data register.
After completing the registration steps new owner apartment receives a standard certificate of ownership, which allows:
- formalize a transaction with this property (sell housing, donate, bequeath, exchange);
- register at the address of other citizens;
- etc.
It should also be noted that by entering information about the transfer of rights to housing into the unified Rosreestr, the interests of the legal owners of real estate are protected, since their rights are documented.
In the event of loss of title documents for an apartment, the owner only needs to submit a corresponding application to the Unified State Register office that issued the original certificate of ownership (copies of all necessary documents stored in the civil service archives).
In addition, registration of the purchase and sale of an apartment in the registration chamber can be carried out only once, which prevents fraudulent transactions and double sales of property.
Registration procedure
To register a residential premises in the Unified State Register, the owner must follow the procedure below:
- collect the required documentation package;
- apply with these papers to the Unified State Register and fill out an application requesting registration actions;
- receive a corresponding receipt from the registration chamber employee with the date of readiness of the certificate;
- pick up a certificate of the established form within the agreed time frame.
Where is the certificate issued?
Registration actions and preparation of a certificate of ownership of an apartment take place at the Unified State Register office.
However, the owner of the premises or his legal representative can contact the MFC branch, send documentation by mail or register an application through the Rosreestr Internet portal (http://rosreestr.ru/wps/portal/cc_ib_electronic_state_rights#/).
Required Documentation
A citizen must provide a civil service employee with the documents listed below to register an apartment in the registration chamber:
- the applicant’s passport (if the basis for the emergence of rights was the alienation of housing, when submitting papers to the Unified State Register, identity cards of both parties to the transaction are presented);
- a receipt with the paid fee (the amount for citizens is 2,000 rubles when issuing a certificate for an apartment, in accordance with clause 22, part 1, article 333.33 of the Tax Code of the Russian Federation);
- , the form of which is issued by an employee of the registration authority (if the apartment was transferred from one citizen to another as a result of alienation, each party to the transaction must provide an application requesting re-registration of ownership rights to the property);
- cadastral passport of the premises;
- title papers;
- power of attorney addressed to the representative (if required).
Additional documentation may include permission from the seller’s spouse, other co-owners, POO or (depending on the situation), loan agreement, etc.
The exact list of documentation depends on many factors (type of property, the basis due to which a person has rights to housing, etc.), therefore it is recommended to clarify the list of papers provided to the government agency from an employee of the MFC or Unified State Register.
After the documents are accepted by the employee of the registration authority, the applicant is given a corresponding receipt indicating the date when the certificate will be ready for issue.
The deadline for registering an apartment with the registration chamber is about 10 working days from the date of acceptance of the application and other documents.
To obtain a certificate, a citizen should contact the same branch of the MFC or Unified State Register on the agreed date with a passport and a receipt (a power of attorney will also be required for the representative).
Certificate issued by the Unified State Register
Since the beginning of 2015 the form has changed of this document. Now the certificate is issued on a paper form of the Unified State Register with the official seal of the civil service, but without the corresponding watermarks and other degrees of protection.
On back side The document must include an account number. It should be noted that replacement of “old” type certificates is not required; they have not lost their legal force.
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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 of 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 creating a unified system for the entire country. cadastral registration various real estate transactions, effective implementation of legislation in this area of legal relations.
Main powers of Rosreestr
The main powers that Rosreestr has are as follows:
- maintaining general state register 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
The federal body in question is headed by a director 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 in real estate transactions involving both individuals and legal entities.
Last update: 09/27/2019
Registration process apartment purchase and sale transactions represents state registration transfer of ownership for an apartment in Rosreestr, with the corresponding entry being entered into a unified database of real estate rights throughout Russia - Unified State Register(since 2017 – EGRN).
To better understand what's what, let's give a few key definitions.
Unified State Register of Rights to Real Estate. This is an electronic database into which all information about existing ( valid) and discontinued rights to real estate, information about copyright holders, and existing ones. Administrative and technical data about the real estate objects themselves are also stored there - their addresses, purpose ( residential/non-residential), data on the area of premises, etc.
Unified State Register based ( put into effect) January 31, 1998, and placed under administration federal body – "Rosreestr". Before this date registration took place in local governments and territorial ones.
Since 2017 Unified State Register database merged with GKN base (State Real Estate Cadastre), and created single base USRN data.
EGRN - Unified State Register of Real Estate. This system combined rights registration system (USRP) And real estate accounting system (GKN) into one common database.
"Rosreestr"(aka Registration Chamber) – full official name: Federal Service for State Registration, Cadastre and Cartography. This is the parent organization of federal significance. Its territorial bodies are represented in each subject of the Russian Federation in the form Departments of Rosreestr (UFRS) and branch offices Cadastral Chamber (FKP Rosreestr).
UFRS (Office of the Federal Registration Service)= Office of the Federal Service for State Registration, Cadastre and Cartography = Office of Rosreestr ( territorial office ). In particular, it is defined here registration procedure ownership rights to the apartment, and procedure for recording technical data about the apartment in State Real Estate Cadastre (GKN).
FKP - Federal Cadastral Chamber – structural subdivision UFRS, which actually deals registration of rights and real estate transactions (performs engineering works ), and also leads cadastral registration all real estate objects ( incl. unfinished construction projects), making accounts in Unified State Register And GKN, respectively.
After creation unified real estate register EGRN, citizens have the opportunity to submit one application for two operations at once - to carry out registration of rights and for holding cadastral registration . Otherwise everything remains the same ( More details on the Rosreestr website -).
On registration of apartment purchase and sale transactions
According to the law ( Clause 6, Article 1 Opens in a new tab.">FZ-218 dated July 13, 2015 – “On state registration of real estate”) all transactions with apartments are subject to mandatory state registration– i.e. data on the transfer of ownership
from the Seller to the Buyer as a result of the transaction are entered into the unified Rosreestr database ( EGRN).
Moreover, since 2013 registration real estate – . The only fact fixing the deal with the apartment on secondary market, only left registration of transfer of rights. In other words, Apartment purchase and sale agreement (APA) now comes into effect from the moment of its signing parties, and passes to the Buyer from the moment of state registration transfer of rights.
Simultaneously ( upon transfer of rights) is registered new ownership now to the Buyer.
Despite this, the concept remains in common use on the market - “ Registration of an apartment purchase and sale transaction", although it now means precisely registration of rights and transfer of rights according to the deal. At the same time, during the registration process, on PrEP they are still installed registration seal and stamp, indicating that transfer of rights under this agreement took place.
List of documents for registration of a purchase and sale transaction of an apartment depends on specific situation– for example, is the transaction registered on "primary" or at "secondary", what type of contract is for the existing ownership of the Seller, the Seller, whether he is among the owners or not, etc.
In this regard, there are a number mandatory documents for all situations, and additional documents - for special cases.
Not to be confused registration of rights of claim for an apartment in a building under construction on, and registration of property rights for a finished apartment ( which can be both on the primary and on).
Specific lists of documents for registration of transactions for the purchase and sale of apartments indicated in the corresponding steps INSTRUCTIONS (via the links - separately for each case):
PRIMARY MARKET:
- Registration of rights of claim to an apartment in a house under construction (new building) - documents
On primary rights of claim are registered either upon registration DDU share participation agreements (if the apartment is purchased directly from the Developer), or upon registration Agreements for the assignment of rights of claim under the DDU (if the apartment is purchased from a shareholder or co-investor of the construction).
In the first case, registration DDU can do both Developer, and the shareholder himself; how this happens is described here -.
In the second case, the participants themselves collect the documents transactions on assignment of rights , and a list of these documents is presented here -. - Registration of ownership rights to an apartment in a built house (new building) - documents
Here the package of documents, as a rule, also forms Developer. He also handles registration. property rights for newly built apartments. But the Buyer can do this on his own: how to do this is described in INSTRUCTIONS for the Buyer here - .
SECONDARY MARKET:
- Registration of property rights when purchasing an apartment on the secondary market - documents
Here is the contents of the package of documents for registration differs from the composition of the package of documents apartments. In the first case, we have the documents necessary to complete registration actions, and in the second case, we have the documents that the Buyer personally needs to confirm legal information about the apartment, its owners and users. Both lists of documents can be seen at the corresponding steps INSTRUCTIONS for the Buyer here:
— ;
— . - Registration of property rights when selling an apartment on the secondary market - documents
Here is a list of documents for registration – the same as when buying an apartment on the secondary market. Here is a general list of documents to check the “legal purity” The apartments may be smaller. The point here is in the placement of emphasis: if the Buyer turns out to be not very demanding, then the Seller can get by with a minimum set of documents that are necessary only for registering the transaction. This is discussed in more detail in INSTRUCTIONS for the Seller here - .
Directly for registration for an apartment purchase and sale transaction, the list of documents is slightly smaller than the one that is usually required from the Seller by other participants in the transaction - Buyer, realtors, notary, bank, etc. To register, you do not need a complete list, but only the essentials ( see video about it below).
By the way, since July 2016, new apartment owners ( For more details, see the link).
Amount of state duty for registration of rights is 2,000 rubles for individuals. Current price tags for state duty can be checked on the website Rosreestr – .
Where to submit documents to register a transaction with an apartment?
In Moscow, to register a transaction with an apartment, Sellers and Buyers submit documents to multifunctional public service centers (MFC) “My Documents”. Registration is also possible by phone or online. You can also clarify there composition of the package of documents
to register ownership of the apartment.
Local branches of the Federal Registration Service in Moscow have not worked with individuals since 2014. ( confirmation -)
In other regions of Russia for registration of a transaction with an apartment (For registration of rights and transfer of rights for real estate), you can contact them as if they were local MFC "My Documents", and directly to territorial offices and receptions of Rosreestr.
In addition, Rosreestr provides on its website the opportunity to submit an application for registration of rights and transfer of rights - through the Internet (see link below).
The centers themselves MFC "My Documents" do not register transactions of purchase and sale of apartments. The MFC is just a convenient intermediary between the parties to the transaction and Rosreestr. Moreover, documents can be submitted not only to the MFC at the location of the apartment, but also to any other MFC, even in another city.
Employees are obliged just accept documents for registration, but are not required to carry them out legal expertise (those. they are not checked for authenticity and correctness of execution). This means that there may be cases of incorrectly prepared documents ( errors in contracts, lack of information in the package of documents, etc.), which lead to suspensions/delays in registration, or even registration refusals (see below about this).
To avoid this, it is better to contact ( which can then submit this package to registration ).
In particular, deadlines for registering ownership of an apartment make up ( from January 1, 2017):
- for apartments V simple writing= 7 working days;
- For Sales and purchase agreements (SPA) apartments in = 3 working days;
- For Equity Participation Agreements (EPA) in construction = 7 working days;
- For Mortgage agreements apartments = 5 working days.
At the same time, you need to keep in mind that if documents for registration are submitted through, then terms increase by about 2-4 days due to the time it takes to deliver documents from the MFC to the registration authority and back for issue.
This data from the state real estate register is the main and only evidence - who owns what and on what basis . Therefore, any verification of documents when purchasing an apartment usually begins with ordering such Extracts.
Order Extract from the Unified State Register of Real Estate possible both on the Rosreestr website and on our website - ( via the built-in Rosreestr API service).
"SECRETS OF A REALTOR":
The rules and sequence of preparing a transaction for the purchase and sale of an apartment - on the interactive map. Opens in a pop-up window."> "STEP-BY-STEP INSTRUCTIONS" (will open in a pop-up window).