Document types
After the construction of housing, it is necessary to complete various types of paperwork:
- Technical documents for housing - technical passport and cadastral, technical plan;
- Title papers – certificate of ownership, real estate contract (exchange, purchase and sale, rent, donation, shared division), certificate of inheritance, deed of transfer of property;
- Supporting documents – certificate of ownership, extract from the register.
What to do if you have lost your certificate of title to your home?
The loss of a certificate of ownership of housing is not a big problem, since the document is easily restored. To do this you will need to follow the recommendations:
- Contacting the department of the Federal State Registration Service, the department of cadastral registration and cartography regarding the location of real estate;
- Write a statement about the loss of a document;
IMPORTANT - be sure to indicate that it is prohibited to carry out any document transactions without the presence of the owner (if there is a criminal case of loss).
- If the document is lost or destroyed (for example, by fire), then we restore a duplicate of the certificate of ownership at the registration service. To do this, you need to write an application, provide a personal passport, a title document for housing (for example, a purchase and sale agreement), a receipt for payment of the state fee (the amount is set at 200 rubles);
- Wait for the duplicate to be made - this usually takes from five to thirty days.
Dear applicants! The Intermunicipal Department for the Gulkevich and Caucasus Districts of the Rosreestr Office for the Krasnodar Territory brings to your attention information on the procedure for canceling a gift in connection with the death of the donee, expressed in the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 1 (2017), approved by the Presidium of the Supreme Court of the Russian Federation on February 16, 2021 . (clause 42).
Cancellation of a donation in the event of the death of the donee is a unilateral transaction made by the surviving donor, which serves as the basis for the termination of the donee’s ownership of the donated item and the emergence of the donor’s ownership of it. At the same time, it is possible for the donor to cancel the donation without a court decision only on the basis of the death of the donee. To cancel the gift, the donor must submit an application to the Rosreestr authorities, attaching the gift agreement and death certificate.
A necessary condition for the exercise of this right is the presence in the gift agreement of a condition on the right of the donor to cancel the gift agreement in the event that he survives the donee.
42. A gift agreement may stipulate the donor’s right to cancel the donation if he survives the donee.
The donor's ownership of the real estate object that was the subject of such an agreement can be registered in the manner prescribed by law if the donor's will to cancel the donation in connection with the death of the donee is expressed in an application submitted directly to the authorized body, and this application is accompanied by a gift agreement containing the appropriate condition, as well as the death certificate of the donee.
Between S. (donor) and K. (donee) a donation agreement was concluded for a room located in a three-room apartment owned by S. by right of ownership. According to the terms of this agreement, the donor has the right to cancel the gift agreement if he survives the donee. In the event of cancellation of the donation agreement, the donated room returns to the property of the donor if it was preserved in kind at the time of cancellation of the donation agreement.
K.'s property rights are registered in accordance with the procedure established by law.
Soon after this, K. died.
S. applied to the authorized body with an application for state registration of her ownership of the room, which was the subject of the donation agreement, attaching this agreement, a certificate of state registration of K.'s property rights, K.'s death certificate, and a receipt for payment of the state duty.
The authorized body suspended the state registration of S.'s property rights due to the failure to provide documents confirming the basis for registration of property rights in connection with the cancellation of the donation.
S. submitted an application to the authorized body containing a request, based on the terms of the gift agreement, to register her ownership of the room in connection with the death of the donee.
By decision of the authorized body S. was denied state registration of property rights due to the fact that a document confirming the cancellation of the donation was not attached to the application for state registration of rights.
S. challenged this decision in court.
By the decision of the court of first instance, upheld by the court of appeal, the administrative claim was rejected. At the same time, the courts proceeded from the fact that the agreement for donating a room was made in simple written form, and therefore the document confirming the cancellation of the donation must also be drawn up in writing, whereas S.’s application submitted to the authorized body is not such a document . The administrative plaintiff is not deprived of the opportunity to again apply for state registration of the right, including including a written document on the cancellation of the donation.
The Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation canceled the above-mentioned judicial acts and made a new decision to satisfy S.’s administrative claim, indicating the following.
By virtue of paragraph 1 of Art. 572 of the Civil Code of the Russian Federation, under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third face.
At the same time, according to paragraph 4 of Art. 578 of the Civil Code of the Russian Federation, a gift agreement may stipulate the donor’s right to cancel the donation if he survives the donee.
The courts have established that the agreement for the donation of a room concluded between S. and K. contains such a condition.
An analysis of the above legal provisions allows us to conclude that the cancellation of a donation in the event of the death of the donee is a unilateral transaction made by the surviving donor, which serves as the basis for the termination of the donee’s ownership of the donated item and the emergence of the donor’s ownership of it. At the same time, the law provides for the possibility for the donor to cancel the donation without a court decision only on the basis of the death of the donee if there is a corresponding condition in the gift agreement.
Since S.’s will to cancel the donation in connection with the death of the donee was expressed in a corresponding application submitted directly to the authorized body, and this application was accompanied by a gift agreement containing a condition on the donor’s right to cancel the donation if he survives the donee, as well as K.’s death certificate, there were no grounds for refusing state registration of S.’s ownership of the disputed property.
Review of judicial practice of the Supreme Court of the Russian Federation No. 1 (2017), approved by the Presidium of the Supreme Court of the Russian Federation on February 16, 2017.
If it is necessary to renew the contract of purchase and sale of housing
The loss of a home purchase and sale agreement does not mean that the owner may lose the property.
You can resume the documentation of the purchase and sale transaction as follows:
- contact Rosreestr - write an application, pay the state fee;
- contracts before 1996 were drawn up with the help of a notary, we turn to him for restoration;
- contracts from 1996-1998 were drawn up directly with the seller and buyer; we contact one of the parties for a copy of the contract;
- Agreements after 1998, in accordance with the Federal Law “On State Registration of Real Estate and Transactions with It,” are stored in special bodies; for restoration, we contact the archive of the territorial body of Rosreestr.
Where to get a cadastral passport for an apartment
The preparation of these documents is carried out by the Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography. That is, you need to contact the Cadastral Chamber at the location of your property. Also, services for issuing cadastral passports are provided at MFCs (Multifunctional Centers). There is no difference in processing documentation through the cadastral chamber or through the MFC, so it is advisable to choose the body that is geographically closer to you. For the convenience of the population, the State Cadastral Service has created the website www.rosreestr.ru. If you have a computer with Internet access, the easiest way is to order and receive the document through the website. To do this, click the “Public Services” button in the top menu. Then select the link “Providing information included in the state real estate cadastre.” In the lower left block, click “Electronic . In the new window, select the document type “Cadastral passport” and in the “About the object” field, select “Premises”. Next, all you have to do is fill in your details and click the “Submit Request” button. This will ensure that your application is registered and your request will be assigned a number that must be saved. All that remains is to pay the state fee of 200 rubles. and within 10 days the cadastral passport will be provided to you in the form that you specified when making your request (electronically or on paper).
Restoration of technical documentation for an apartment, house
To re-produce technical documentation for an apartment or house (technical passport, cadastral passport, technical plan), we contact the land management company, the BTI.
You will need:
- application for reinstatement;
- owner's personal passport;
- title document – certificate of ownership of real estate;
- receipt for payment of services or state fees;
- wait for the cadastral engineer to carry out the measurement procedure or search and make a duplicate from the archive;
- receive the document from the BTI.
Loss of cadastral passport (cost of restoration)
To produce a duplicate of the cadastral passport, we apply to Rosreestr or the Unified State Register of Real Estate. We pay a receipt for the state fee. It is 2000 rubles. Provide a personal passport and a certificate of ownership of real estate. The document processing period is one month.
ATTENTION - similar information is displayed in the extract from the Unified State Register of Real Estate.
REFERENCE - the cadastral passport before 1999 is restored with an additional examination of the residential premises; if the document was issued later, a duplicate is issued.
Lost technical passport: is it possible to make a duplicate (cost of restoration)
After losing your technical passport, you can get a duplicate. To restore you will need:
- contact the BTI;
- write an application for reinstatement;
- present a personal passport, title document (certificate of ownership, purchase and sale agreement);
- pay the state fee (500 rubles);
- a duplicate is issued within a few days.
When is a cadastral passport for an apartment required?
- As mentioned above, any legal transaction with an apartment requires a current (valid for up to 1 year) cadastral passport, be it a purchase, sale or donation. Otherwise, you will be denied the transaction.
- It is also necessary to update the document after redevelopment so that all design changes are documented.
- You will also need to receive a document if you forcibly evict a tenant from your apartment. The court will necessarily require this document to establish the truth.
- According to current legislation, it is mandatory to draw up and receive a document when entering an apartment in a new housing stock (new building). Otherwise, there may be problems with the further disposal of housing.
If the social tenancy agreement is lost
A social tenancy agreement is used when concluding a transaction with a low-income category of citizens to provide them with social housing. If we lose the social tenancy agreement, we contact the Housing Policy Department. Documents needed:
- identification document;
- application for reinstatement;
- certificate of family composition;
- marriage or divorce certificate;
- extracting books from home;
- personal account statement.
Production time does not exceed thirty days.
FOR REFERENCE - if the tenant dies or moves, the contract is renewed with an adult citizen who, as part of the family, can receive social housing.
