Changes in legislation in the field of cadastral registration and registration of rights to real estate news from 07/22/2021

Changes in legislation in the field of cadastral registration and registration of rights to real estate

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Federal Law No. 120-FZ dated April 30, 2021 has made significant changes to the current legislation on state registration of real estate. The amendments are designed to improve the quality of services provided and ensure their further digitalization in the interests of clients. Read more about the changes in the article by our expert Alexander Novikov.

The ConsultantPlus legal reference system will help you always correctly prepare documents for cadastral registration and registration of rights.

Federal Law No. 120-FZ dated April 30, 2021 (hereinafter referred to as Law 120-FZ) was developed and adopted in pursuance of the order of the Government of the Russian Federation dated August 28, 2021 No. ISH-P13-5645, providing for a reduction in the time frame for state registration of participation agreements in shared construction, as well as instructions of the Government of the Russian Federation dated June 22, 2017 No. ISH-P13-46pro on amending the current legislation regulating the procedure for providing information to the Unified State Register and the amount of fees for its provision, excluding a speculative increase in the cost of such information by commercial organizations.

Most of the changes came into force on April 30, 2021. The remaining changes will take effect from October 28, 2021 and January 1, 2023.

Law 120-FZ has changed the procedures for obtaining information from the Unified State Register, submitting documents for registration and cadastral registration, and correcting errors in the Unified State Register. Changes have been made to the procedure for registering and accounting for constructed facilities, agreements for participation in shared construction, transactions with shares in common ownership, and registration of parking spaces. Currently, the procedure for registering a transaction in the absence of the seller, registration and cadastral registration by court decision are regulated. The grounds and list of persons upon whose applications cadastral registration and state registration of rights are carried out have also been clarified, and the composition of information submitted to the registration authority in the manner of interdepartmental information interaction has been specified.

For these purposes, the powers of the federal state budgetary institution are assigned, subordinate to the body for registration of rights and exercising powers in the field of state registration of rights and state cadastral registration. The issues of interaction between the MFC, the institution vested with the above powers, and Rosreestr have also been resolved, which will optimize the process of conducting legal examination and reduce the time frame for reviewing documents.

Obtaining information from the Unified State Register of Real Estate

Information from the register is now provided by FKP Rosreestr. The authority of the rights registration authority to provide information contained in the Unified State Register of Real Estate is excluded.

A request to the Federal State Budgetary Institution "FKP Rosreestr" at the applicant's choice can be sent in one of the following ways (part 1, 10 of article 62, part 9 of article 72 of Law No. 218-FZ; clauses 30, , , 111, 203 Administrative Regulations, approved by Order of Rosreestr dated September 27, 2019 No. P/0401; clause 30, Procedure, approved by Order of the Ministry of Economic Development of Russia dated December 23, 2015 No. 968; clause 1.4 of Order of Rosreestr dated October 18, 2016 No. P/0515 ):

in the form of a paper document submitted in person to the Federal State Budgetary Institution "FKP Rosreestr" or the MFC. You can contact any department, regardless of the location of the property and the place of residence of the applicant;
in the form of a paper document sent by mail to one of the departments listed on the official website of Rosreestr;
in electronic form by filling out the request form posted on the official website of Rosreestr and the unified portal of state and municipal services (functions), or by sending an electronic document using web services.

Also, information from the Unified State Register can be obtained by using the service for an authorized person to visit the applicant in order to deliver the corresponding request and (or) courier delivery of information from the Unified State Register (clause 1 of the Order of the Federal State Budgetary Institution "FKP Rosreestr" dated 04/01/2021 No. P/113-21) .

However, for credit and insurance organizations there is a restriction on the choice of method for sending a request for information. They have the right to send this request only in electronic form.

Violation of the procedure for submitting a request for information from the Unified State Register or failure to comply with the established form of the request entails declaring the request not received and not subject to consideration. The applicant is notified of this within a period not exceeding three days from the date of receipt of the request from the Federal State Budgetary Institution “FKP Rosreestr”.

State authorities, local authorities, organizations or citizens are no longer allowed to transfer information received from the Unified State Register to third parties for a fee, including through the creation of websites, programs and applications that provide such an opportunity to provide information.

As an exception to the prohibition, information is indicated that simultaneously:

1) in terms of the form and the set of information contained therein, it does not correspond to the approved form of an extract from the unified state register of real estate;

2) does not contain the signature (including electronic signature) of officials of the rights registration authority and (or) the Federal State Budgetary Institution “FKP Rosreestr”.

According to Rosreestr, the resale of USRN information violates the rights of real estate owners and other users of Rosreestr services. The adopted norms will protect rights holders from providing false information about registered rights to real estate, restrictions (encumbrances).

The deadlines for transmitting accepted requests to the MFC and the deadlines for sending documents containing USRN information to the MFC have also been reduced from two working days to one.

Free provision of information from the Unified State Register of Real Estate is now possible not only for arbitration managers, but also for persons who have received a corresponding power of attorney from them. This possibility applies to real estate, both owned by the debtor at the time of application, and to previously owned real estate.

Submission of documents for registration and cadastral registration

Another innovation: today paper documents are submitted in one original copy. After completing the necessary procedures, the documents are returned with a mark of scanning (such applications and documents, as a general rule, are translated by the rights registration authority into the form of electronic images of documents).

The period for consideration of the application is calculated from the moment when Rosreestr employees see the data on payment of the state duty. Therefore, if a state fee is charged, we recommend attaching a document confirming its payment to the application.

If the court declares the refusal to carry out state cadastral registration (state registration) illegal, there is no need to resubmit the application. Within three working days from the date of receipt of such a court decision, the state registrar of rights is obliged to notify the applicant at the address specified in this application about the receipt of such a court decision and the deadline for state cadastral registration and (or) state registration of rights.

If the authenticity of the signature on the application for cadastral registration or registration of rights to real estate is certified by a notary, then the application and the documents attached to it are sent within two working days by registered mail with a notification for registration by a notary. At the same time, notarization of the application in itself does not entail the need for notarization of the real estate transaction itself, provided that the application and documents are sent by a notary who verified the authenticity of the signature on it.

2.1. Unfinished construction project

Registration of ownership rights to an unfinished construction project is carried out according to the general rules for registering real estate objects, with only one peculiarity that the registration of rights will be carried out simultaneously with the cadastral registration of the object.

At the same time, the expiration of a lease or gratuitous use of land provided for construction, if the construction permit has not expired, is no longer a basis for refusing to register an unfinished construction project.

2.2. DDU

From now on, the share participation agreement (hereinafter referred to as the DPA) in construction must indicate the conditional number of the shared construction object in accordance with the project declaration.

If, before the developer concludes an agreement with the first participant in shared construction, a land plot owned by the developer or the right to lease a specified land plot and an apartment building and (or) other real estate object being built (created) on this land plot were pledged as to ensure other obligations of the developer, the consent of the mortgagee is required to register the first DDU.

To register the second and subsequent DDUs, the developer is required to submit the pledgee’s consent to terminate the right of pledge, if it was issued for each shared construction project.

As part of the legal examination to determine whether there are grounds for suspending state registration of rights, the legality of issuing a construction permit, as well as the compliance of the information in the project declaration or plan of the property with the data in the project documentation, is not checked.

2.3. State cadastral registration of an apartment building in connection with a change in its parameters as a result of reconstruction or redevelopment of the premises located in it is carried out on the basis of an application from a person authorized by the general meeting of owners or the person who carried out the redevelopment of the premises.

In a similar way, an application is submitted for changing the parameters of a non-residential building, when premises and (or) parking spaces in a non-residential building or structure belong to different persons by right of ownership.

2.4. As a general rule, transactions with shares in common property rights .

Notarization of the transaction is not required:

shares of all participants in shared ownership in one transaction;
associated with property included in or acquired for inclusion in a mutual investment fund;
shares in the right of common ownership of plots of agricultural land, the turnover of which is regulated by Federal Law No. 101-FZ of July 24, 2002;
shares in the right of common ownership of real estate, if the agreement provides for the transfer of ownership of residential premises in accordance with the Law on the Status of the Capital of the Russian Federation (except for the case provided for in Part 19 of Article 7.3 of this Law);
on the mortgage of shares by all participants in shared ownership under one transaction and agreements concluded with credit institutions;
withdrawal of a share in the right of common property for public needs.

The following may apply for registration of changes in shares:

on the basis of a court decision, one of the participants in shared ownership;
if the agreement on changing shares is certified by a notary, one of the participants or a notary;
in other cases - all participants whose shares change.

When selling a share to a third party, there is no need to provide evidence of notification to the remaining owners about the sale of the share if he has formalized waivers of the pre-emptive right to purchase the property.

Evidence of notification to the remaining owners or their refusal to purchase is not required to be provided to Rosreestr if the transaction is certified by a notary.

2.5. Permissibility of registering the transfer of ownership in the absence of the seller

If the seller is liquidated or excluded from the Unified State Register of Legal Entities as an inactive legal entity at the time of filing an application for state registration of the transfer of ownership of the seller, the legal entity whose ownership of the alienated real estate is registered in the Unified State Register of Legal Entities must provide the following to register the transfer of ownership:

an application signed by the buyer, as well as an extract from the seller’s Unified State Register of Legal Entities (if you do not provide an extract, the rights registration authority will request it independently);
documents provided for in the purchase and sale agreement confirming the fulfillment of obligations by the parties (including full payment of the contract price, transfer of the property).

2.6. A procedure has been introduced for registration and cadastral registration by court decision

Clause 5.1 of Part 2 of Article 14 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” supplements the grounds for state cadastral registration and (or) state registration of rights. The basis for state registration of rights today are, among other things, decisions of arbitration courts, for which writs of execution were issued in accordance with judicial acts of courts of general jurisdiction or arbitration courts, together with such writs of execution, that have entered into legal force.

It should be taken into account that an arbitration award can be the basis for registration of a right only if there is a writ of execution issued on the basis of a judicial act of the competent court. The absence of a writ of execution for the forced execution of an arbitration court decision will result in a refusal to carry out the registration procedure.

Thus, previously there was no regulation of the procedure for executing court decisions, which gave rise to additional disputes related to the execution of a court decision, as well as the need to provide additional documents.

In order to eliminate regulatory gaps, additions have been made to the law on state registration in this part. It is indicated that, as a general rule, for state registration it is necessary to send an application to the person whose right has been restored by a court decision. An appeal from a person who was a defendant in a case whose rights have been terminated or declared absent is not required for state registration.

If there is no information about the property in the Unified State Register of Real Estate, which is the subject of legal proceedings, you must first apply for cadastral registration of this property. In this case, cadastral registration and registration are carried out simultaneously.

If a court decision establishes the need for state cadastral registration, and the court decision contains the basic information about the property necessary for entering into the Unified State Register of Real Estate, corresponding to the established methods for their determination, it is not necessary to submit to the rights registration authority, along with the court decision, land survey, technical plans or a survey report. required (Part 4 of Article 58 of Law No. 218-FZ).

If the court was considering a case regarding the demolition or reconstruction of an unauthorized building, recognition of a real estate object or registered right as absent, or recognition of an object as movable property, the applicants may be:

the legal holder of the land plot on which the relevant objects are located;
the copyright holder of the relevant objects;
authorized state authorities or local government authorities at the location of the relevant facilities.

2.7. State registration of real estate lease agreement

When registering the lease of part of a building, as well as part of a land plot, as a rule, boundary and technical plans for these parts are provided.

In connection with the changes made, the technical plan may not be provided provided that the Unified State Register of Real Estate contains information about all premises in this building, and the rented part represents one or more premises that have common building structures (adjacent rooms in the premises) and are located within one or more floors.

Correcting errors in the Unified State Register of Real Estate

A technical error is corrected within three working days after receiving the relevant application. After this, within three working days from the date of correction, the rights registration authority will send a notification to the copyright holder or persons who applied for correction of the error.

This provision is supplemented by the possibility of sending the applicant a notice of refusal to correct a technical error. Thus, if correction of a technical error is refused, then no later than the working day following the day of expiration of the established period for its correction (no later than four working days from the date of receipt of the application), the applicant will be sent a notice of refusal, indicating its reasons. The refusal can be appealed in court (Part 1 of Article 61 of the Law on State Registration of Real Estate).

Digitalization and simplification of transactions with authorities

Rosreestrom dated 05/05/2021 posted information according to which the changes being made will allow the implementation of the “Stop Paper” project, aimed at switching to electronic document management and creating a digital archive, minimizing the amount of information stored on paper.

It is planned that register cases (including cadastral cases opened before January 1, 2021, cases of title documents) will be maintained electronically on paper after the documents contained in them are transferred to electronic form and signed with an enhanced qualified electronic signature of an authorized official .

If a citizen has concluded a transaction with state authorities and local self-government in the form of a document on paper, such state and local government authorities are vested with the right to prepare a scanned image of the document signed by the citizen in his own hand, certify its equivalence and apply for registration of rights in electronic form . There is no need to certify such a scanned image with the citizen’s electronic signature.

The document also defines the concept of “personal account of the copyright holder”, through which, without using an enhanced qualified electronic signature (ECES), you can submit documents for:

clarification of land boundaries;
accounting and registration of rights to residential and garden houses;
accounting and registration of rights in the event of division, consolidation of land plots;
entering information about previously registered real estate objects;
correction of technical errors and other actions not related to the alienation of real estate.

We will separately highlight information about the on-site reception. The innovation will allow you to use this method of submitting documents for accounting and registration activities, such as an on-site reception. The service for on-site acceptance of applications is provided by the Cadastral Chamber of Rosreestr. On-site reception is also carried out by the MFC; the procedure for providing the service and the fees are determined by the constituent entities of the Russian Federation.

In order to receive documents based on the results of government services provided by Rosreestr, you can use courier delivery. Courier delivery, as well as on-site reception, is carried out by the Cadastral Chamber of Rosreestr and the MFC.

We previously wrote about significant changes in legislation in 2021 for owners of summer cottages.

You can learn more about innovations in calculating tax based on cadastral value in 2021 at our seminar.

Other property

Registration may also be required for the following real estate:

Non-residential objects, structures and their components. Such buildings are required to be registered in the cadastral register, taking into account the fact that they are of a non-residential nature. For additional buildings for which a construction permit is not issued, placement at the control center is carried out on the basis of an inspection report or technical plan.
Barn, utility block and outbuildings. Such objects are registered in the cadastre if they belong to capital structures. This factor is determined by a cadastral authority specialist who prepares a technical plan or an inspection report.
Garages and special boxes for storing cars. A block garage is taken into account from the standpoint of a separate building. Here you will need a technical plan, as well as title papers for the memory. Registration of car seats is mandatory from 2021. First, the developer formalizes the parking lot in full, and then the owners of the parking spaces register their rights based on the purchase and sale agreement.
Other property. There are other objects that require cadastral registration. This includes property complexes, gas pipelines, bridges, transformer substations, monuments, fences, destroyed structures and more. Each situation is considered individually.

Cadastral registration options for premises

There are several options for registering real estate. Taking into account the characteristics of the premises, this could be:

primary accounting after the construction of a building, when separate premises are immediately allocated;
creation of a room from the volume of an existing building;
the formation of a premises as a result of division, allocation, merger (as a result of these works, the original object may lose its existence or remain in a changed form);
accounting for making changes to new characteristics after redevelopment, reconstruction.

Isolation and isolation will be checked in each of the listed cases. The owner or his representative by proxy can undergo registration. If the shares of several persons are registered in the premises, they all submit a single application, or issue powers of attorney for representatives. With the consent of the owner, the tenant of the premises can undergo registration (usually this happens when redevelopment for the tenant’s purposes).

There are three main options for undergoing cadastral registration of real estate.

Under what conditions is it permissible to register part of a building for cadastral registration?

Accounting for a part of a building or premises is permitted without confirmation of separation and isolation. This means that part of an object can be identified by describing it in the contract, reflecting its location and boundaries on the diagram. It is not necessary to install walls, partitions or other enclosing structures. A description of the part will be made by the engineer when preparing the technical plan.

It is important that the cadastral number is assigned to a part only temporarily, i.e. for the rental period. When the contract ends or is terminated, the number will be canceled automatically or at the request of the owner. While part of the property is registered, it cannot be re-rented.

Expert commentary. Double cadastral registration of real estate is possible only in case of a technical error. In practice, this happens extremely rarely, since the algorithms for maintaining the Unified State Register and systematizing information about real estate have long been worked out. Registry errors may occur, but they are not related to double counting of the same object.

Transfer of documents

The application and collected documentation for registration of any object (building, structure, land, premises, etc.) are transferred to:

Through the Rosreestr service (you need to go to the electronic services section). An electronic signature is required here.
At the cadastre office (personal appeal).
Using MFC. This is a multifunctional center providing a wide range of services. Before applying, it is important to make sure that the option you are interested in is provided. To avoid queues, it is recommended to make an appointment in advance by phone or through the Rosreestr resource.
By mail. When choosing this option, the collected papers and application are sent by mail. A prerequisite is an inventory of the investment and notification of receipt by the cadastral chamber employees.

After sending the documentation, the application path is controlled through Rosreestr using a special section (“Checking the status of the request”). In this case, the method of paper transfer does not matter.

Production time and cost

The production time after submitting the entire list of papers will be five days. There are exceptions, but they are reported by employees of the Cadastral Chamber.

If you need to complete the registration as quickly as possible, then there are special companies that can speed up the process. For a certain percentage, they will issue you a passport for your living space in one working day. Usually such companies charge 1000–2000 rubles.

According to the law of the Russian Federation, extracts from the Unified State Register are free services. If assistance in preparation is required, it will already be paid. You also need to pay a state fee, its amount ranges from 200–500 rubles for individuals. If it is necessary to produce a technical certificate for an apartment, the cost of the service will be 10,000 rubles. When private firms deal with this issue, they can request 5,000–7,000 rubles.

REASONS FOR REFUSAL

The authorized body has the right to suspend consideration of the application in the following cases:

The location of the object coincides (in whole or in part) with another object that was previously registered in the cadastre.
The presence of contradictions between the information in the documentation and the object itself.
The application or submitted documentation was executed in violation of applicable requirements and standards.

Refusal often occurs in the following situations:

A structure is formed from an object (one or more), for which selection of a part or division is not available.
The premises cannot be classified as real estate, which requires registration in the cadastre.
The technical plan is certified by a person who does not have the authority to do so.
The room is not isolated from other rooms in the facility.
The structure is formed from real estate, which is included in the state cadastre on a temporary basis.

Documentation

Before registering a building with the cadastral register, you need to prepare the following papers:

Passport of a citizen who applies for public services.
Statement. This paper is submitted personally by the owner or representative if the latter has the appropriate rights. In particular, the representative, along with the application, submits a notarized power of attorney. The application form is issued in the cadastre, the MFC or is available for download on the Rosreestr resource.
Technical plan for a structure, premises or building. To obtain such paper, an agreement is drawn up with an employee of the cadastral authority. The main requirement is that the cadastral engineer has the appropriate certificate. The information you are interested in can be easily obtained through the Rosreestr website.

EXPENSES

When registering a building for cadastral registration, you will have to pay an engineer to draw up a technical plan or act. In Moscow, such work costs 8-10 thousand rubles for an apartment, 25-30 thousand rubles for a separate facility, and also from 50 thousand rubles for an industrial building.

There is no charge for the provision of services. If cadastral registration is combined with registration of rights to an object, an additional fee will be charged. This requirement is specified in Article 333.33 of the Tax Code of the Russian Federation.