In the new year - with new extracts and a register. New procedure for state registration of real estate: be in time quickly Law on registration of rights

on real estate objects entered into force.

On July 31, 2019, a new version of Article 42, clause 1 of the Federal Law-218 “On state registration of real estate, which cancels notarial transactions with shared ownership, began to apply.

Has he simplified the life of the layman? Let's figure it out in more detail.
The article was updated on 04.01.

Simplified procedure for real estate transactions from 31.08.2019 is as follows:

After the above date, transactions with real estate in shared ownership can be drawn up by an agreement in a simple written form and the state fee can be paid only 2000 rubles.

(instead of 0.5% of the contract price for the certification of the transaction by a notary).

Earlier, the alienation of real estate from sole and joint ownership did NOT require certification of the contract by a notary.

Article 42 as amended: “Transactions on alienation or mortgage agreements of shares in the right of common ownership of real estate are subject to notarization, with the exception of transactions in case of alienation or mortgage by all participants in the shared ownership of their shares in one transaction ... "

Note!!!

“... by all participants in the shared ownership of their shares in one transaction ..

1. The deal must be formalized in one contract. If, in order to reduce the tax burden using a tax deduction of 1,000,000 rubles, the participants in shared ownership draw up a transaction with different sales and purchase agreements (dkp) - this is not one transaction, then the dkp must be certified by a notary.
2. The second common situation is donation or sale and purchase transactions within the participants in shared ownership.
   For example: an apartment is owned by three owners, one of whom decided to donate his share to one of the other two participants. This is a notarized transaction.
3. Another common situation is that there are two participants in shared ownership, one alienates (donates or sells) his share in favor of the other.
   How in this case? The procedure for such a transaction in Art. 42 is NOT described, which means each registrar will use it differently. Until the central office of Rosreestr or the Supreme Court expresses its position on such a deal. And you will have to wait a long time, alas). From the letters of my readers, the information is disappointing - the registrars require a notarial document!
4. There are also transactions for the distribution of shares (changing the size of shares between participants in shared ownership.
   That is, the composition of the participants does not change, only the size of the shares changes.
   For example: there were 1 \ 2 shares, the participants redistributed the shares by agreement and became 99/100 and 1/100 shares. Such transactions are described in clause 2 of article 42.
   They do NOT require the notary to certify the distribution agreement.

It is still required to certify the alienation agreement with a notary if:

1. Among the participants in shared ownership there is a minor or an incapacitated participant (Article 54, Clause 2 of the Federal Law-218 "On State Registration of Real Estate)

After the amendments come into force, almost all parents can now allocate shares to children without a notary.

Simplified registration procedure

There was a merger of the data of the Unified State Register of Rights, and the State Property Committee, the State Real Estate Cadastre.

Now there is a unified register - USRN - a unified state register of real estate. Data storage in it is carried out only in electronic form. They promise that the information will be duplicated and stored on different electronic media to prevent its loss. However, this does not diminish the feeling of anxiety)))

Simplified procedure for registration of rights to real estate. What is the simplification of registration?

The only thing is that the procedure for registering real estate on cadastral registration and registration of rights to it can be carried out simultaneously by one specialist - the state registrar.

Simplified registration procedure. Has it gotten easier?

Registration of real estate involves - registration of a real estate object and registration of the right to it.

• the real estate object is first described, its technical characteristics are determined, such as area, number of storeys, the presence of basements and technical floors, and others.

• then the real estate object is "tied" to the land plot.

• all real estate objects are assigned an identification number - cadastral number.

This number is unique and cannot be repeated for other objects. The cadastral number is assigned to the object forever and can only be changed as a result of changing the object, for example, dividing it or combining several into one.

Lost real estate object - removed from the cadastral register.

From 01/02/2017, without registering the property on the cadastral register, it becomes impossible to register the rights to it, including country houses.

How to register a real estate object?

The rights to identify and describe real estate objects are delegated to cadastral engineers.

The register of certified cadastral engineers is maintained by Rosreestr and you can get acquainted with it on the official website of Rosreestr - rosreestr.ru

A cadastral engineer can order:

• Technical plan for the structure (residential or non-residential)

• Land plot plan

Based on these documents and your application, a cadastral registration of the property will be made and data about it will be entered in the USRN - the unified state register of real estate.

Most of the previously existing properties are already registered in the cadastre.

But for old objects built before 03/01/2013, there may be errors or they are not at all on the cadastral register, which excludes the registration of rights to them.

Registration of rights to a real estate object

After the property is registered on cadastral records, you can register ownership of it, that is, determine the legal owner (owner), and then - another copyright holder - the tenant, the operational manager.

Registration of the right is carried out on the basis of:

• The right of the establishing document

• Applications for registration of rights

So, now these two procedures can be carried out simultaneously by filing an application with Rosreestr.

Term of completion - 10 working days!

Simplified registration procedure for the transition period

FZ-218 "On state registration of real estate"

article 70

The peculiarity of the implementation of state cadastral registration and state registration of rights to real estate in individual cases

7. Until March 1, 2018, the grounds for state cadastral registration and (or) state registration of rights to an individual housing construction object created or created on a land plot intended for individual housing construction, or to an individual housing construction object created or created on a land plot a plot located within the boundaries of a settlement and intended for running a personal subsidiary farm (on a personal plot of land), only the technical plan of the indicated objects of individual housing construction and a title deed for the land plot, if the applicant's right to the land plot is not registered in the Unified State Register of Real Estate , on which the indicated objects of individual housing construction are located. In this case, information about the object of individual housing construction, with the exception of information about the location of such a property on a land plot, is indicated in the technical plan on the basis of the construction permit submitted by the customer and the design documentation of such real estate objects (if any) or the declaration of the object real estate provided for in Part 11 of Article 24 of this Federal Law (if the project documentation has not been produced).

article 71

Features of the preparation of a technical plan for a building, structure, premises, parking space, an object of construction in progress

1. In the absence of permission to put a building or structure into operation, design documentation for such real estate objects, information about the building or structure (with the exception of information about the location of such real estate objects on the land plot and their area, building area) is indicated in the technical plan also on the basis of the technical passport of such a property, submitted by the customer of cadastral works, manufactured before January 1, 2013.

2. In the absence of a building permit for an object of construction in progress, design documentation for an object of unfinished construction, information about such an object of immovable property, with the exception of information about the location of such an object of immovable property on a land plot, is indicated in the technical plan also on the basis of the cadastral work submitted by the customer technical passport of such an immovable property, manufactured before January 1, 2013.

3. In the absence of permission to put a building or structure into operation, design documentation for such immovable property, information about the premises, parking space, with the exception of information about the location of such immovable property within the floor of a building or structure, or within a building or structure , or within the relevant part of the building or structure and its area, are indicated in the technical plan also on the basis of the technical passport of the premises, parking lot, manufactured before January 1, 2013, or the technical passport of the building made before January 1, 2013, or the structure in which the room or parking space is located.

(see text in previous edition)

5. In the event that at the time of making a decision on the commissioning of an object, the legislation on urban planning activities did not provide for the submission of a technical plan of the real estate object, information about the building, structure, premises, parking lot (with the exception of information about the location of the building, structures on a land plot, about their area, about the building area, information about the area and location of a room or parking space within a floor of a building or structure, or within a building or structure, or within a corresponding part of a building or structure) are indicated in the technical plan also on the basis of a permit to commission the facility.

That's all!

Simplified procedure for registering real estate in 2019 -202

This article will be useful to everyone who is planning to purchase a home in the near future. To complete this procedure, you need to understand how the registration of ownership of real estate takes place from 2019. After reading this material, you will learn how to register ownership at the MFC or through the State Services portal when buying a home or obtaining a mortgage and at the same time avoiding refusal to issue a certificate.

In our country, all real estate is registered and registered with government agencies. This provision is enshrined in Federal Law No. 218, which entered into force on 1.01.2017. The controlling body in the field of real estate registration is Rosreestr, which maintains the Unified State Register of Real Estate (USRN). The base is in the public domain, but only Rosreestr employees can edit it.

At its core, state registration of ownership of an apartment is the entry of data on the new owner into the USRN.

This is important for the state as real estate is taxed. This is also important for the owner, because only after registration he becomes the owner and can dispose of the property at his own discretion. But he receives the right to use housing for personal purposes from the moment the real estate transaction is completed, after the signing of the purchase and sale agreement and the transfer deed.

Registration procedure

In 2017, the registration procedure was significantly simplified, the number of documents required for this was reduced, and the terms of service provision were reduced.

Contacting Companies House or MFC

If you want to personally address this issue, you have two options.

1. Registration Chamber (Rosreestr) is an agency that directly provides registration services;
2. The MFC will help you collect all the necessary documents, then they will be transferred for registration of real estate. When contacting the MFC, you will not need to fill out an application yourself. Your documents will be accepted, checked, if defects are found, they will help to eliminate them. This significantly reduces the likelihood of refusal to register.

Internet

By registering on the Gosuslugi.rf website, you get the opportunity to register all kinds of services online. More and more Russians are starting to use this service. Registration of ownership of real estate is also available through the State Services. You just need to fill out the application form on the website and upload the necessary documents, having previously scanned them.

After accepting your application, you will be assigned the date and time of your visit to Rosreestr with the original documents. Upon completion of all checks, the ownership will be registered, and no further action is required from you.

Advantages of the State Service website:

• filling out an application when and where it is convenient for you;
• lack of queues;
• individual reception at the registrar at the appointed time;
• a guarantee of the quality of the services provided, because the control of higher authorities over the execution of online requests is quite strict.

All users registered on the State Services have a digital signature, therefore, submitting an application from this resource to any state institution is considered an official appeal and is subject to legal consideration.

Intermediary companies

An option for busy people and those who do not want to knock on the doorstep of state institutions. There are law firms willing to take on these chores. In order to use their help, you need to issue a notarized power of attorney.

Step-by-step instruction

Preparation of documents

Documents that must be submitted to the MFC to register ownership of an apartment:

• passport (in person);
• power of attorney or document confirming authority (when applying through an intermediary);
• sales contract or other document certifying the transfer of ownership;
• a copy of the receipt of payment of the state duty;
• statement;
• judicial acts, in case of transfer of ownership through the court;
• a certificate if the registration of the joint ownership of spouses and a minor child takes place on real estate acquired using maternity capital. ...
• If your property is still under construction, ownership is registered under the DDU (equity participation agreement).
• Other documents certifying the transfer or emergence of ownership: deed of gift, certificate of inheritance, resolution of the bailiff, permission to put the facility into operation, privatization agreement, etc.

When registering ownership by deed of gift, by inheritance, by will, the documents are preliminarily drawn up by a notary.

The notary prepares a sales contract in the following cases:

• if the apartment is sold on a life-long maintenance basis;
• when selling shared ownership, including by all owners at once;
• if the apartment belonged to a minor or incapacitated person.

Visit to Rosreestr or MFC

The terms for registering ownership of real estate in 2017 are approximately the same for both registration methods.

Preparation of a statement

1. When contacting Rosreestr, you write the application yourself according to the sample.
2. The MFC will do everything for you. You just sign a ready-made application.

Payment of state duty

The state duty for registration of property rights is calculated according to the tax code and depends on the type of object, for example, in the case of an apartment, it is equal to 2,000 rubles.

You can pay the fee both through the bank and through the terminal, as well as directly at the MFC. If you draw up an agreement with a notary, then you will need to pay for his services.

Obtaining a certificate

Not so long ago, a certificate of ownership was handed out in paper form. This practice has been canceled since 2017. Such evidence is no longer required by law. Ownership is certified by an official extract from the USRN, where, in addition to the technical parameters of the object, there is information about its owner. Therefore, now the procedure for registering real estate in ownership ends with the issuance of an extract.

If you purchase housing on a mortgage, the USRN will contain data on the restriction on the alienation of the object without the consent of the bank. This is the only difference from the standard procedure that should not bother you, because as soon as you pay off the mortgage, all restrictions will be lifted.

Best law firms

Many law firms provide this type of service to assist in registering ownership of real estate. The price for them varies depending on the level of the company, region, volume of services. Many firms offer full support for the purchase and sale of an apartment. Of course, this will cost a lot more than just assistance with paperwork.

Jurist

You can contact the Lawyer through their website, where you will be asked to fill out an online application form. In a special field, describe your situation in detail and send a request. Having paid a symbolic amount (700 - 900 rubles), you will receive an exhaustive answer with clear guidance and you can safely begin to act.

Please read the available answers before submitting your question. It is possible that a similar situation has already been described there. If you do not want to deal with the registration yourself and want a lawyer to do everything for you, indicate this when filling out the form. Surely there is a specialist who cooperates with the Lawyer and lives next to you. He will readily take on this job.

Ground company

This firm specializes exclusively in land issues. The company's specialists are able to perform all the necessary steps to legalize the land plot.

Maris

The company operates in Moscow and Moscow region. The line of business is associated exclusively with the registration of real estate in ownership, so the company's experts have gained tremendous experience in this area.

How can Maris lawyers help you?

• prepare all the necessary documents;
• arrange them in accordance with the requirements;
• to conduct an examination of documents;
• provide full legal support and verification of the purity of the transaction.

The first consultation is free, assistance in registering property rights is estimated at ten thousand rubles. Result ten days after treatment.

The new rules for registering real estate that came into force in 2017 change the approach to transactions and clarify the very concept of some objects.

Association of Rosreestr and the Cadastral Chamber

From January 1, Federal Law-218 "On state registration of real estate", which regulates the new rules for registering real estate in 2017. From now on, register an apartment or a country house and register ownership of property in transactions of sale or donation in one institution. More recently, I had to visit Rosreestr, and then the Cadastral Chamber.

It is noted that the merger of the two structures has already caused problems. In some regions, Rosreestr stopped accepting documents in December. The reason is the transition to a new electronic registration system, which has become another innovation of the coming year.

Unified State Rosregister

The new rules for registering real estate from 2017 fix the norm according to which all transactions are recorded in the USRN - the Unified State Register of Real Estate. Hard copies of documents will not be prepared.

Purposes of the USRN:

archiving all information on real estate transactions;

securing the rights of owners and monitoring the observance of their rights;

reduction of bureaucratic red tape;

no problems caused by the loss of paper documents.

But the main thing is that documents should now be issued faster:

registration of the transaction - instead of 10 working days 5;

registration of property rights - instead of 10 - 7;

extract from USRN - instead of 5 for 3.

On a note! When ordering two services at once (registration of the transaction and property rights), the processing time will be 10 days (through the MFC - 12 days).

Delivery documents

The rules for registering real estate that came into force in 2017 make it possible to take advantage of the innovation - courier delivery of papers to the specified address. Previously, they had to come in person or draw up a power of attorney with a notary. A separate line “courier delivery” has been added to the Rosreestr forms, which saves time for an additional fee.

Register and dispose of property remotely

The extraterritorial document circulation system has also started working. To register property in ownership, you do not have to travel to the actual address of the location of the object. This can be done from anywhere in the country. The same applies to situations in which property is sold, bought or donated.

Parking lots have become real estate

The understanding of the term "parking space" has been changed. If, until 2017, they were considered a component of common house property and could not be registered as private property, then from January 1:

the very concept of "parking space" appeared in the Civil Code (changes were made to FZ-315);

parking spaces and underground garages can be registered as property, sold, exchanged and donated without the consent of other parking lot owners.

On a note! The innovation does not apply to places in yards, ground parking lots and roadsides - it is still impossible to become their owner.

Interestingly, since the entry into force of the law, not a single car owner has yet wanted to become the owner of a parking space in Moscow parking lots of new buildings. Earlier, developers noted that the demand for parking spaces in new buildings in Moscow is extremely low.

Perpetual privatization

The last date for the completion of free privatization, scheduled for March 1, 2017, again turned out to be irrelevant. Initially, they wanted to extend it until 2020 only for residents of Crimea, but at the end of February, Vladimir Putin signed a law on indefinite privatization throughout the country.

Double rate

Double costs await those who have not yet designed country houses built on plots allocated for individual housing construction. If citizens do not declare their rights in 2017, they will receive a receipt for payment of land tax calculated at a double rate.

It is important that now, instead of a declaration, the technical plan has become the basis for registering houses, baths and garages in garden associations. If earlier it was enough to fill out a declaration, pay a state duty of 350 rubles and give it along with an application to Rosreestr, now, in order to draw up a technical plan, it is necessary to call the BTI and cadastral engineers who will fix the exact coordinates of the house, measure the building and make a technical plan within a week. Rosreestr promises that the innovation should not complicate the life of Russians.

Recall that the "dacha amnesty" (Federal Law No. 93), which implies a simplified procedure for registering real estate, was extended until March 1, 2018, but only in relation to houses built on plots for individual housing construction.

From January 1, 2017, the Federal Law of 13.07.2015 N 218-FZ "On state registration of real estate" (hereinafter referred to as the Law) comes into force, with the exception of certain provisions for which other terms are provided. Cadastral registration of real estate and state registration of rights to it will be combined into a single system of accounting and registration. The material contains the main changes in the considered Law in comparison with the current Law on the Real Estate Cadastre and the Law on the Registration of Rights to Real Estate. The new Law does not contain provisions on invalidation of these laws or amendments to them. We believe that this issue will be resolved additionally before the entry into force of the Law.

1. A new real estate register will appear

A Unified State Register of Real Estate (hereinafter - USRN) will be formed, which will combine the information currently contained in the real estate cadastre and USRR.

The USRR will include, in particular, the register of real estate objects (real estate cadastre), the register of rights, their restrictions and encumbrances of real estate (register of real estate rights), as well as the register of borders. Information about the boundaries to date is contained in the real estate cadastre.

The USRN will be kept in electronic form. An exception will be made by registry files. They will store on paper applications issued in simple written form and submitted in paper form, as well as documents, the originals of which are not available in other state authorities, local governments and archives.

Currently, the real estate cadastre and the USRR are maintained in electronic and paper form, the latter having priority.

2. Clarified real estate objects that are subject to

cadastral registration and the rights to which are registered

According to the new Law, information about a single real estate complex and an enterprise as a property complex will be entered into the real estate cadastre.

In accordance with the Law on the Real Estate Cadastre, information about such complexes is not entered into the cadastre. At the same time, the rights to them must be registered (which is impossible without taking into account in the cadastre), so they are counted as structures. In addition, when accounting for a single real estate complex, all real estate objects that are part of it can be taken into account.

Accounting for a single real estate complex and state registration of the right to it will be carried out in the following cases:

Completion of the construction of real estate objects, the design documentation of which provides for their operation as such a complex;

Consolidation, at the request of the owner, of registered and registered real estate objects that have a single purpose and are inextricably linked physically or technologically, or are located on the same land plot.

It will be possible to register ownership of an enterprise as a property complex only after accounting and state registration of rights to each object that is part of it.

As for the subsoil plots, according to the Law on the Real Estate Cadastre, they are not included in the cadastre. The new Law also excluded them from the list of real estate objects, the rights to which are currently subject to state registration.

3. Take into account real estate and conduct state registration

the rights to it will be Rosreestr

According to the new Law, only Rosreestr and its territorial bodies (hereinafter referred to as Rosreestr) should carry out cadastral registration of real estate and register rights to it. These powers cannot be transferred to subordinate institutions. Currently, the state registration of rights to real estate and transactions with it is carried out by Rosreestr, and cadastral registration is carried out by the Cadastral Chamber under its jurisdiction for the constituent entities of the Russian Federation.

4. Cadastral registration of objects and state registration of rights will be

be carried out both simultaneously and separately

4.1. When accounting and state registration are carried out simultaneously

As now, as a general rule, it will be impossible to register the rights to real estate objects if they are not accounted for in the real estate cadastre.

According to the new Law, if information about a real estate object is absent in the USRN, its registration in the cadastre and state registration of rights will be carried out simultaneously. Exceptions will be situations when cadastral registration can be carried out without simultaneous state registration and vice versa. Currently, the simultaneous implementation of accounting and state registration is not provided.

Accounting and state registration will be carried out simultaneously in the following cases:

Creation of a real estate object (except for situations when cadastral registration can be carried out without simultaneous state registration of rights);

Formation of a real estate object (except for the case of seizure of a land plot or real estate located on it for state and municipal needs);

Termination of the existence of a real estate object, the rights to which are registered in the USRN;

Formation or termination of the existence of a part of the object, which is subject to restrictions on the rights and encumbrances of the object, subject to state registration.

4.2. When accounting and state registration are carried out separately

The law establishes cases when the rights to real estate objects, information about which are available in the USRN, will be registered without simultaneous cadastral registration. These include, for example, state registration of the transfer of ownership, confirmation of previously arisen rights.

The Law also defines exceptional situations in which cadastral registration is carried out without the simultaneous state registration of rights to real estate objects. Such accounting is possible, in particular, in the following cases:

Creation of a real estate object on the basis of a permit for the commissioning of a capital construction object, which is submitted by a state authority, local government or Rosatom corporation in the order of interdepartmental interaction;

Termination of the existence of an object, the rights to which are not registered in the USRN;

Changing the main characteristics of the object.

5. Changed the rules for handling an application for a cadastral

registration of real estate and state registration of rights

The new Law establishes a list of persons, according to whose applications real estate objects will be taken into account and the rights to them will be registered. Who exactly can submit documents depends on how accounting and state registration are carried out - simultaneously or separately.

So, according to the provisions of the Law, a statement regarding a created (i.e. built) real estate object may be submitted by:

The owner or other rightholder of the land plot on which such a property is located - with the simultaneous implementation of accounting and state registration;

The state authority, local self-government body or the Rosatom corporation, which issued a permit for the commissioning of a capital construction facility, is subject to registration in the cadastre without simultaneous state registration.

Currently, any person can submit an application for registration of such a property.

An application for cadastral registration or state registration and the necessary documents, as now, can be submitted:

In paper form - in person (to Rosreestr, through the MFC, at an exit reception) or by mail (to Rosreestr);

In the form of electronic documents - through a single portal of public services or the official website of Rosreestr.

An innovation of the Law is that in case of a personal appeal (except in cases of on-site reception), the place of submission of the application and documents will not depend on the location of the real estate object. In other words, you can contact (send documents by mail) to any department of Rosreestr or submit documents in person through any MFC. A list of these divisions and the MFC will be given on the Rosreestr website.

To date, an application for cadastral registration is submitted at the location of the property within the cadastral district, and an application for state registration of rights, as a general rule, at the location of the property within the registration district. This provision was contained in the Law on state registration of rights to real estate earlier, but was declared invalid. Despite this, in practice, the application and documents are also submitted at the location of the property.

5.1. The requirement for the mandatory submission of constituent documents of a legal entity has been canceled

According to the new Law, Rosreestr independently requests the constituent documents of a legal entity that has applied for registration of an object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.

Today, a legal entity is obliged to submit the constituent documents of the organization (their copies) when conducting state registration of rights. Their provision is not required only if they were submitted earlier and no changes were made to them.

5.2. A single case of refusal to accept documents has been established

Acceptance of documents will be refused if the identity of the applicant who directly applied with the documents is not established (for example, a passport is not presented).

Refusal to accept documents in the current Law on the Real Estate Cadastre is not provided, and in accordance with the Law on State Registration of Rights to Real Estate is prohibited.

5.3. Clarified cases in which documents are returned without consideration

The Law clarifies the list of grounds for returning an application and documents without consideration. These include, in particular:

Inconsistency of the format of the application and documents submitted in electronic form, the established format;

The presence in the application and documents that are presented in paper form, erasures, additions, strikethrough and other unspecified corrections, including those made in pencil, as well as the presence of damages that do not allow an unambiguous interpretation of their content;

Absence of the applicant's signature in the application for cadastral registration of the object or state registration of rights.

Currently, an application for state registration of rights can be returned, including:

If in the State Information System on state and municipal payments there is no information on the payment of the state duty and a document confirming its payment is not submitted;

In the USRR there is a record about the impossibility of registering the transition, limiting the right and encumbrance of real estate without the personal participation of the owner or his legal representative.

These grounds are included in the new Law, while the period for the lack of information on the payment of the state duty has been clarified - five days from the date of application.

6. The general period of cadastral registration has been shortened

and state registration of rights

According to the new Law, the total period for registering a real estate object in the cadastre and state registration of rights has been reduced.

When submitting documents to Rosreestr, it will be:

5 working days - for cadastral registration;

10 working days - in case of simultaneous accounting and state registration;

7 working days - for state registration of rights.

If the documents are submitted through the MFC, then the time frame for cadastral registration and state registration of rights will increase by two working days.

At present, the total period for the implementation of both the registration of the real estate object in the cadastre and the state registration of rights to it is 10 working days for each procedure. With the simultaneous submission of documents for cadastral registration and state registration, the period for state registration of rights is calculated from the date of entry of information into the real estate cadastre, i.e. the maximum period is 20 working days.

6.1. How long will the state registration of the mortgage be carried out?

The new Law retains only the period (5 working days) established for the state registration of the mortgage of residential premises.

Consequently, the state registration of the mortgage of land plots, buildings, structures, non-residential premises will be carried out in the general period (7 working days), subject to the submission of documents to Rosreestr. However, it will be reduced to five working days if state registration is carried out on the basis of a notarized mortgage agreement or a notarized agreement, which entails the occurrence of a mortgage by virtue of the law (for example, an agreement for the sale and purchase of real estate at the expense of a bank loan).

To date, the term for state registration of mortgages for land plots, buildings, structures, non-residential premises is 15 working days, and mortgages for residential premises - 5 working days.

7. The grounds for the suspension of the cadastral

accounting and state registration by decision of the state registrar

The new Law contains a detailed list of the grounds on which cadastral registration and state registration can be suspended. Compared to the existing bases, this list is significantly increased (it lists 51 bases).

According to the current Law on the state registration of rights to real estate, the reasons for the suspension are, in particular, the doubts of the state registrar about the existence of grounds for state registration of rights, the authenticity of documents or the reliability of the information contained in them.

The grounds for suspension listed in the new Law determined the limits of legal expertise, which is carried out only for the presence or absence of grounds for suspension or refusal in cadastral registration or state registration of rights. Therefore, if the indicated grounds are absent, cadastral registration and (or) state registration of rights cannot be suspended.

If, during the period of suspension, the reasons that served as the basis for the suspension are not eliminated, cadastral registration and state registration will be refused.

7.1. The terms for which accounting and state registration are suspended

The new Law established longer periods for the suspension of state registration. The term for the suspension of cadastral registration has not changed. At the same time, a period of its suspension in a declarative manner is provided.

So, the terms of suspension of accounting of objects and state registration will be:

Three months - by decision of the state registrar (with the exception of certain grounds for which other suspension periods are provided);

Six months - at the initiative of the applicant. At the same time, the Law specifies that, upon application, suspension is possible only once.

Currently, the state registration of rights by the decision of the state registrar can be suspended for one month, and at the initiative of the applicant - for three months.

8. The certificate of state registration of the right will not be issued

According to the new Law, cadastral registration, state registration of the occurrence and transfer of rights will be confirmed by an extract from the USRN, and state registration of an agreement or other transaction - with a special registration inscription on a document expressing the content of the transaction. Certification of the conducted accounting and state registration of rights by a certificate is not provided for by the new Law.

At the moment, the state registration of rights is certified, among other things, by a certificate of state registration of rights, which is issued in the form of a paper document.

9. Cadastral registration and state registration can be carried out

without the participation of the copyright holder

The law provides that information in the USRN will be entered, including in the order of interdepartmental interaction. The obligation to send the documents necessary for accounting and state registration in this manner is established for state authorities, local authorities, courts and notaries when they make decisions (acts). For instance:

State authorities and local authorities must send documents if they decide to approve the results of the state cadastral appraisal of real estate objects, establish or change the permitted use of a land plot, assign it to a certain category of land or transfer a land plot from one category of land to another;

FMS of Russia - information on changes in information about an individual;

FTS of Russia - information on changes in information about organizations and individual entrepreneurs;

The seized courts or authorized bodies - a certified copy of such an act;

Notaries - information on the issuance of a certificate of the right to inheritance.

Upon receipt of documents (information contained in them) in the order of interdepartmental interaction, Rosreestr enters on their basis information into the USRN (except for cases when it is impossible to enter them) and notifies the copyright holder of the entry.

10. Who is responsible and for what in the implementation

cadastral registration and state registration

According to the Law, responsibility for actions (inaction) during cadastral registration and state registration is distributed between Rosreestr, the state registrar and other persons.

So, the state registrar is responsible for the inconsistency of the information entered into the USRN with the information contained in the submitted documents (with the exception of data entered from other information resources), for unjustified suspension and refusal of cadastral registration or state registration of rights or evasion of their implementation.

Rosreestr is responsible for the improper execution of its powers, including for the loss and distortion of information contained in the USRN, the completeness and reliability of the information provided, illegal refusal to register cadastral records or state registration of rights, established by a court decision that entered into legal force. At the same time, there are cases when Rosreestr has the right of recourse to the authorities and persons, through whose fault the violations were committed.

11. Clarified the conditions for the payment of compensation for the loss

dwelling rights

Compensation for a dwelling - the only one suitable for permanent residence - is paid once to the owner, who, for reasons beyond his control, is not entitled to claim it from a bona fide acquirer, as well as to a bona fide acquirer from whom it was claimed. According to the Law, the condition for its payment is the inability to receive compensation from third parties established by a court decision that has entered into legal force, due to the termination of collection under an executive document, for example, in connection with the entry of a record on the exclusion of the debtor-organization from the Unified State Register of Legal Entities.

The provision of the Law on compensation for the loss of rights registered in the USRN shall enter into force on January 1, 2020.

From January 1, 2017, Federal Law No. 218-FZ "On State Registration of Real Estate" comes into force. The act presupposes many changes in the process of registering real estate of citizens and legal entities. The IRR.ru editors studied the document and found out what to expect from the upcoming changes.

The procedure will become more convenient

A number of provisions of the new law will greatly simplify the registration of real estate. The changes affected the process itself, and the structure of the system, and internal rules.

New registry

The Unified State Register of Real Estate (USRN) will be created, which will include the data that are currently contained in the Unified State Register of Real Estate and the Real Estate Cadastre. This will allow combining the processes of registration of rights and cadastral registration, and from 2017, citizens will be able to submit 1 general application for both procedures, which will significantly save their time. According to the current legislation, it is necessary to submit different packages of documents to the Rosreestr and the Cadastral Chamber to carry out these operations.

Reduced deadlines

Starting next year, the registration of the right will be carried out within 7 days, cadastral registration - no more than 5 days, and if the application is submitted both for registration and registration, the authorities must handle it in 10 days. The current deadlines are twice as long as the new ones. It will also be possible to get a statement about real estate objects faster. In 2017, it will be issued within 3 days. It currently takes 5 days.

Without reference to the territory

From January 1, 2017, documents will be accepted in any division of Rosreestr. According to the current legislation, the applicant must apply to the territorial authority corresponding to the location of the real estate. Now, if a citizen has acquired real estate in another city, he will not have to go there to register the right - it will be enough to submit the documents to the nearest branch in his city. You can also apply through multifunctional centers.

Less paperwork

The new law abolishes the certificate of ownership. Now the registration or transfer of rights to real estate is confirmed by an extract from the USRN. At the same time, the certificates received before 2017 do not lose their validity. Registration of transactions under the new rules is confirmed on the document itself with a registration inscription.

High reliability

The USRN databases will be stored electronically, and backups will ensure the safety and security of data. Also, the new register will serve as an archive for all information related to real estate. According to the new law, data from it cannot be deleted and withdrawn.

Less documents from legal entities

According to the current legislation, legal entities must provide constituent documents when registering their rights. The new law exempts organizations from these actions, and from January 1, Rosreestr employees will independently request the necessary documentation from the Federal Tax Service.

Responsibility of performers

In order to improve the efficiency of the employees of the registration authorities, the law provides for the establishment of responsibility of officials for the consequences of their work actions. Punishment follows errors in documentation, violation of deadlines and other misconduct that could result in harm to applicants. At the same time, losses incurred by citizens as a result of improper actions by the registration authorities will be fully covered by the state treasury.

Notifications from Rosreestr

Starting next year, Rosreestr will be obligatory to notify property owners about all applications for registration of rights regarding their real estate. This is another way to reduce fraudulent activities.

New difficulties

Sending by mail

According to the new rules, when sending documents by mail, it is necessary to certify the entire package of documents (transactions, powers of attorney) with a notary, otherwise the application will not be considered. At the moment, it is enough notarization only for the citizen's signature on the application.

May not accept documents

The current law does not imply conditions limiting the acceptance of documents from citizens. The law on state registration, on the other hand, establishes the reason why documents may be refused. It is the impossibility of identifying and confirming the identity of the applicant.

Refusal and suspension of state registration

According to the new Federal Law, the list of grounds for refusal and suspension of registration of a right, as well as registration has been expanded to 51 points. At the moment, the authorities have only 7 reasons for refusal.

Besides…

There are several more innovations that have influenced the registration and registration system. Also the law on state real estate:

Approves the list of persons who can apply for registration and registration;

Clarifies the conditions for the return of documents without consideration (for the most part, they relate to the incorrect filling of documents);

Extends the suspension period up to 6 months at the request of the citizen;

It involves entering data into the USRN by interdepartmental interaction bodies (FTS, FMS, courts, notaries) about individuals and legal entities without their participation.