Registration of rights to real estate in electronic form

Registration of rights to real estate in electronic form

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After certifying a real estate transaction

(including agreements of purchase and sale, donation, pledge, exchange, rental of real estate and others), the rights to which are subject to state registration in Rosreestr, the
notary
immediately or within the time limits established by the parties to the agreement,
sends an electronic
application for state registration of rights and the documents attached to it to Rosreestr for the purpose of conducting state registration of the transfer of ownership, pledge of rights to real estate, if the parties to the transaction do not object to the filing of such an application by a notary. Having issued a certificate of the right to inheritance, a certificate of ownership of a share in the common property at the request of the surviving spouse, the notary is obliged to immediately, but no later than the end of the working day, submit in electronic form an application for state registration of rights and the documents attached to it to Rosreestr.

When signing an application for state registration of rights to real estate and transactions with it, the notary acts on his own behalf in the interests of the persons on whose behalf and on whose behalf the notarial act was performed. When carrying out state registration of rights to real estate on the basis of a notarized transaction, a certificate of inheritance, a certificate of ownership of a share in the common property of spouses, the legality of such a notarized document is not verified by the state registrar of rights; the accuracy of the notarized document is checked by the state registrar of rights through the unified notary information system in the manner established by the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 N 4462-1, with the exception of cases of submission for state registration of the rights of the specified documents by the notary who certified such documents. State registration of rights to real estate in this case, in accordance with Federal Law dated July 13, 2015 N 218-FZ “On State Registration of Real Estate,” is carried out upon the application of a notary. Documents to be issued after state cadastral registration and (or) state registration of rights are issued in the form of electronic documents, after which the notary certifies the equivalence of documents on paper to electronic documents, and issues an extract from the Unified State Register of Rights, confirming the state registration of rights, and a special registration inscription (registration stamp) on paper to persons who apply for the relevant notarial act. There is no need to visit MFC offices in person.

The period for state registration of rights to real estate, in the case of electronic documents provided by a notary, is no more than three working days (1st day - the day of certification, issuance and sending of documents to Rosreestr by a notary, 2nd day - the day of state registration by Rosreestr, 3 The th day is the day the documents are sent by Rosreestr to the notary and the documents are issued by the notary.

We are ready to provide qualified and competent assistance on issues related to state registration of real estate rights in electronic form.

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Registration of rights to real estate on the basis of notarized real estate transactions, issued certificates of inheritance rights and certificates of ownership of a share in the common property of spouses is FREE OF CHARGE

, You only need to pay the state fee in favor of Rosreestr, charged for state registration of rights to real estate:

Rates

• for individuals, the state fee in favor of Rosreestr for electronic registration by a notary is 1,400 rubles;
• for legal entities – 22,000 rubles.

Procedural points

A notary is an impartial person, a professional who bears full financial responsibility for possible errors and ensures the legality of actions.

Legal support of real estate transactions in a notary's office is not only the certification of documents. When certifying a notary:

• identifies the parties;
• establishes the absence of defects of will;
• explains the essence of the agreement so that legal ignorance is not used to harm;
• checks the authenticity of the documents provided and the absence of encumbrances (seizure, pledge);
• submits documents to Rosreestr for registration of real estate transactions (at the request of the parties to the agreement).

The full list of notarial actions for this procedure includes many documents. In addition to the standard ones, our notary office offers a number of unique services:

• accelerated deadlines for registering property rights;
• secure settlement of the parties through a notary;
• sending documents to another city while maintaining their legal force.

The key difference between a notary and an intermediary or realtor is that he provides objective legal assistance and does not protect the interests of only one of the parties.

Which department of Rosreestr is the application and attachments sent to?

Previously existing legislation obligated the applicant to contact the registration service authority at the location of the real estate in respect of which registration actions were to be carried out. Law 218-FZ eliminated these restrictions, which is primarily due to the introduction of a nationwide real estate register.

Currently, on the basis of parts 2 and 3 of Art. 18 of Law 218-FZ, the choice of the unit to which the application is sent is no longer related to the location of the property being sold. Thus, applicants can submit applications with the necessary attachments to any of the divisions of Rosreestr, a list of which is given on the official website of this organization. The same rule applies to multifunctional centers.

What is registration and when is it necessary?

The concept of state registration is enshrined in Part 3 of Art. 1 of the new Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ and means the official recognition of the emergence of a person’s right to a particular piece of real estate or its termination, as well as confirmation by the state of the emergence, transfer or termination of such rights. Also, arising encumbrances or restrictions in relation to specific real estate are subject to registration in accordance with this norm.

Registration of these actions and facts is an important step, including when making purchase and sale transactions, since making a corresponding entry in the register is the only evidence of the existence of a particular right or restriction in relation to real estate on the basis of Part 5 of Art. 1 of Law 218-FZ. In this regard, this procedure is aimed, among other things, at protecting the rights and interests of the parties to a real estate transaction and preventing cases of fraud with such property.

Required package of documents

In addition to the application for registration under a contract for the sale and purchase of real estate of transfer of rights, other documents that are annexed to the application must also be sent to the registration authority. Their absence is grounds for refusal of registration or its suspension. When submitting documents, the applicant presents an identification document (Parts 8 and 9 of Article 18 of Law 218-FZ), and to the necessary attachments Part 4 of Art. 18 of Law 218-FZ refers to:

• confirmation of authority if another person acts on behalf of the buyer or seller;
• a document confirming the existence of grounds for making a corresponding entry in the register (in this case, this is a purchase and sale agreement);
• a receipt confirming payment of the registration fee (this document is not mandatory, but in practice is encouraged).

Rosreestr authorities do not have the right to request any other documents on the basis of Part 5 of this norm. In this case, at their discretion, the parties may submit additional documents (for example, a document establishing a description of the location of the property in the absence of an exact address). However, it is the right of the parties, and not their obligation, to provide all necessary documentation, in addition to that listed in Art. 18 of Law 218-FZ, Rosreestr employees must obtain independently by sending an interdepartmental request to the relevant state or regional body.

Application for registration

In order to receive the state service of registering the transfer of ownership, it is necessary to draw up a corresponding application. It has a form approved by order of the Ministry of Economic Development dated December 8, 2017 No. 920 (with subsequent amendments). The form of this document is posted on the official website of Rosreestr, where it can be downloaded without any problems.

The approved form is universal for all cases in which this procedure is necessary. In this regard, in the case under consideration, only those sections that relate to the transfer of ownership in connection with a transaction for the alienation of real estate must be completed. Thus, the application must indicate:

• name of the authority to which the application is submitted;
• a request to register the right (clause 3.3);
• object to which rights have been transferred;
• the need to register the transfer of ownership (clause 6);
• information about the new owner;
• method of submitting documents and method of obtaining results;
• Attached documents;
• signature of an authorized person.

When filling out an application by the buyer's representative, it is also necessary to enter information about the representative (clauses 8.1.1 and 8.1.2 for individuals and legal entities, respectively).

Registration fee

The performance of legally significant actions by the divisions of Rosreestr to register the purchase and sale of real estate (transfer of ownership of an immovable thing) requires the applicant to pay the appropriate fee. This obligation of applicants is enshrined in Art. 17 of Law 218-FZ, and the amount of the duty is specified in Art. 333.33 of the Internal Revenue Code.

Based on sub. 22 clause 1 art. 333.33 of the Tax Code of the Russian Federation, as a general rule, for registration of ownership of real estate arising as a result of a transaction for the purchase and sale of such property, applicants will have to pay 2,000 and 22,000 rubles for individuals and legal entities, respectively.

At the same time, there are some special cases when the amount of the duty differs from that indicated:

• when registering the transfer of ownership of the enterprise as a property complex to the applicant, according to subpara. 22 of the mentioned norm, you must pay to the treasury an amount equal to 0.1% of the value of all transferred assets (the maximum amount is limited to 60,000 rubles):
• for registration of the right to a share, the fee will be only 200 rubles;
• There are also some other special rules.

Refusal of registration or suspension

In cases where registration actions cannot be completed (in principle or due to insufficient documents), the registrar makes one of the following decisions:

• on the return of the application and refusal to consider it;
• on suspension of the registration procedure;
• on refusal to carry out registration actions due to their impossibility.

The reasons for returning the application with attachments are specified in Art. 25 of Law 218-FZ and consist in the non-compliance of documents with the required forms, the presence of corrections, failure to pay a fee, and the signing of the application by an improper person.

Only if the reasons that served as the basis for the suspension of registration actions are not eliminated, on the basis of Art. 26, the registrar refuses to complete the registration procedure and make a corresponding entry in the register.

Consequences of signing a purchase and sale agreement in simple written form

Drawing up an agreement by hand is cheaper than notarization only at the initial stage. The following undesirable events may occur:

• documents are drawn up in one copy; if they are lost or damaged, restoration is impossible, which voids the transaction;
• there is no way to verify the accuracy of the data on the documents, since ordinary realtors do not have access to the databases of government agencies containing such information;
• there is no guarantee of legally correct execution of the contract, as a result of which it can be terminated unilaterally.

We invite you to our notary office seven days a week to complete real estate transactions. The list of required documents and the cost of the service can be found by phone or in the office.