In what cases are changes made to the Unified State Register of Real Estate?
The legislator requires changes to be made to the Unified State Register of Real Estate in the following cases:
- redevelopment in the apartment;
- construction on a land plot;
- change of ownership;
- changing the owner’s data, for example, last name, first name - for individuals, details - for legal entities;
- detection of an error in the Unified State Register of Real Estate;
- real estate division;
- change in property type or permitted use.
The procedure for making changes will not take much time if you know the procedure. First, find out where to go to record a change.
Problems when making a record of the existence of a legal dispute in the Unified State Register of Real Estate
Dear Colleagues,
I wanted to share with you the problems that may arise when entering information about the existence of a legal dispute into the Unified State Register of Real Estate. Such a record does not prevent the registration of rights, but the buyer will not be considered in good faith if at the time of the transaction this information was in the Unified State Register of Real Estate.
According to Part 3 of Article 9 of the Federal Law of the Russian Federation No. 218-FZ of July 13, 2015 “On State Registration of Real Estate,” additional information may be entered into the Unified State Register of Real Estate, in particular:
1) an objection to a registered right (submitted only by a person whose right was previously registered in the Unified State Register of Real Estate);
2) information about the existence of a legal dispute (can be provided by a person who has never been listed in the Unified State Register of Real Estate).
Applications to Rosreestr are submitted through the MFC, however, the program in which the MFC employee fills out the corresponding application does not distinguish between the two specified actions and does not allow you to select only one of them. Therefore, in paragraph 3.1.3. statements will be indicated (quote):
“to make a record of the existence of an objection, the right of claim declared in court...”.
In the note to the application (clause 9), the MFC employee, at my request, indicated that “information about the existence of a dispute is being entered” (the Applicant has never been to the Unified State Register of Real Estate). But the registrar did not notice this and issued a decision on suspension, indicating that a statement of objections can only be filed by a person whose right was previously registered in the Unified State Register of Real Estate.
The notice of suspension indicated the registrar's full name, and we managed to contact him by phone and explain the situation. A record of the legal dispute was made, but written explanations had to be submitted.
Later she filed similar applications for other premises (the applicant also never visited the Unified State Register of Real Estate). I immediately wrote a cover letter for Rosreestr, so as not to be refused, and submitted it to the MFC with other documents.
For the second room, the entry was made immediately. Along with the notification of making an entry dated January 26, 2021, they issued an extract from the Unified State Register dated January 26, 2021, in which there was no entry about the legal dispute.
I wrote about this to the registration authority. Within a week, they called me from Rosreestr, thanked me for the letter, admitted the mistake and sent me a new extract by email, where the data about the dispute was entered. As I understand it, this information was never visible in extracts from the Unified State Register of Real Estate.
For the third premises, the entry of information about the existence of a legal dispute was refused immediately without suspension. A record of the dispute was filed when the applicant's claim was satisfied by the decision of the Moscow Region Arbitration Court, but the judicial act was appealed. For a trial lawyer, it is clear that the presence of a decision of the court of first instance does not mean the end of the legal dispute. But this was not obvious to the registrar. Reasons for refusal - the decision has entered into legal force (notification of refusal is attached).
The conclusions that I made for myself in order not to receive a refusal from Rosreestr when entering information about the existence of a legal dispute:
1. When submitting an application to enter information about a legal dispute, be sure to write a covering letter to the registrar, because the MFC program does not allow you to correctly indicate what information is entered into the Unified State Register (objections of the previous copyright holder or about a legal dispute);
2. If information is entered at the stage when the court has made a decision, explain to the registrar in the covering letter that the possibility of further challenge remains available.
If you have already made a record of a dispute, it may be worth getting an extract from the Unified State Register and making sure that this information is visible to third parties, because The issuance of a notice to the applicant about entering information about the dispute does not mean that this entry is reflected in the Unified State Register of Real Estate.
Algorithm for making changes to the Unified State Register of Real Estate
Once you have chosen an authority to contact, follow these steps.
- Collect a package of necessary documents. The package depends on the situation, but the key documents are the applicant’s passport, an old extract from the Unified State Register of Real Estate, a technical passport of the property and documents confirming the need to change the entry in the register. This could be acts of technical work, a court order, a purchase and sale agreement, a project and sketch of redevelopment, and so on. Do not forget to attach a certificate of payment of the state duty.
- Prepare an application for amendments to the Unified State Register.
- Pay the cost of the service. The standard price is 350 rubles for individuals and 1000 rubles for legal entities.
- Pick up the completed certificate with the changes made.
Rosreestr dated 10/04/2021 N 13/1-00504/21
FEDERAL STATE REGISTRATION SERVICE,
CADASTRE AND CARTOGRAPHY
LETTER
dated October 4, 2021 N 13/1-00504/21
ABOUT CONSIDERATION OF THE APPLICATION
The Department of Legal Regulation in the Fields of Real Estate Registration, Geodesy and Cartography of Rosreestr, having considered the appeal within its competence, reports the following.
In accordance with the Regulations on Rosreestr, approved by Decree of the Government of the Russian Federation dated 01.06.2009 N 457 (hereinafter referred to as Regulation No. 457), Rosreestr is a federal executive body, including the development of state policy and legal regulation in areas within its jurisdiction areas of activity. According to Regulation No. 457, Rosreestr is not vested with the authority to officially clarify the legislation of the Russian Federation, as well as the practice of its application.
At the same time, we believe it is possible to note the following.
The provision of information contained in the Unified State Register of Real Estate (hereinafter referred to as the EGRN) is regulated by the provisions of Articles 62, 63 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Law N 218-FZ), the Procedure for the provision of information contained in the Unified State Register of Real Estate, approved by order of Rosreestr dated 04/08/2021 N P/0149 (hereinafter referred to as the Procedure).
According to Part 2 of Article 62 of Law N 218-FZ, state authorities and local governments, insurance organizations, foreign insurance organizations entitled in accordance with the Law of the Russian Federation of November 27, 1992 N 4015-1 “On the organization of insurance business in the Russian Federation” Federation" to carry out insurance activities on the territory of the Russian Federation, and credit institutions request and receive from the federal state budgetary institution specified in Part 1 of Article 3.1 of Law N 218-FZ, the information contained in the Unified State Register of Real Estate, only in electronic form.
In accordance with paragraph 4 of Article 18 of the Federal Law of April 30, 2021 N 120-FZ “On Amendments to the Federal Law “On State Registration of Real Estate” and certain legislative acts of the Russian Federation,” state authorities and local governments have the right to send requests for information contained in the Unified State Register of Real Estate in the form of paper documents.
Thus, until 01/01/2023, state authorities and local government have the right to send requests for information contained in the Unified State Register of Real Estate and receive such information on paper, respectively, if the request submitted by the state authority and local government indicates the method of obtaining the document - in the form of a paper document.
Regarding the completion of a request for the provision of limited access USRN information by persons entitled to free provision of USRN information, we note the following.
According to paragraph 51 of the Procedure, if the applicant is a notary, a state authority (other state body), a local government body, a state extra-budgetary fund, its territorial body, the Bank of Russia, a multifunctional center, another body or organization that, in accordance with Part 1 of Article 63 Law N 218-FZ have the right to provide information free of charge; the relevant data, without their confirmation by documents attached to the request for these purposes, are entered into the request in accordance with paragraph 49 of the Procedure.
At the same time, paragraph 49 of the Procedure establishes that:
applicants specified in parts 13, 14, 16 of Article 62 of Law N 218-FZ, as well as in part 1 of Article 63 of Law N 218-FZ, other federal law, in cases provided for by the Procedure, including the body providing state or municipal service, a state extra-budgetary fund, its territorial body, an organization subordinate to a state body or local government body, a multifunctional center participating in the provision of state or municipal services provided for in Part 1 of Article 1 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services" (hereinafter referred to as Law N 210-FZ), as well as in cases where the applicant is a multifunctional center on the basis of interdepartmental requests for the purpose of providing state or municipal services and (or) maintaining basic state information resources for the purpose of providing state or municipal services services, documents confirming the right of these applicants to receive restricted information are not submitted, and the request additionally indicates the grounds for requesting such information, including:
type (name) of authority exercised in the established field of activity, name of the state or municipal service or basic state information resource for the implementation (provision, maintenance) of which information is requested (for the applicant - head or deputy head of the federal executive body, head or deputy head territorial body of a federal executive body, head or deputy head of a state extra-budgetary fund, head or deputy head of a territorial body of a state extra-budgetary fund, head or deputy head of a government body of a constituent entity of the Russian Federation, head or deputy head of a local government body, Chairman of the Bank of Russia, Deputy Chairman Bank of Russia, as well as for the head or deputy head of a multifunctional center);
the words “for the exercise of powers (activities)”, hereinafter - the name of the organization and the federal law defining the main tasks and functions of this organization, for the fulfillment of which information is requested;
details and provisions (paragraph, subparagraph, point, part, article) of the normative legal act that establishes the submission of a document (copy of a document) and (or) information necessary for the provision of state or municipal services and (or) maintenance of basic state information resources for the purpose of provision of state or municipal services;
the number (identifier) of the service in the register of public services or in the register of municipal services, the position of the corresponding regulatory legal act are indicated in the event of a request being submitted by a body providing a state or municipal service, or an organization subordinate to a state body or local government body, a multifunctional center participating in the provision of public services or municipal services provided for in Part 1 of Article 1 of Law N 210-FZ, for the purpose of providing state or municipal services and (or) maintaining basic state information resources for the purpose of providing state or municipal services, except for cases of submitting requests specified in this paragraph electronically form using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it;
if a request from a state authority or local government body is sent in order to identify, in accordance with the Land Code of the Russian Federation, the rights holders of land plots and (or) real estate located on them that are subject to seizure for state or municipal needs, the request additionally indicates the words “identification rights holders of real estate objects subject to seizure for state or municipal needs.”
The current legislation of the Russian Federation provides for the mandatory execution of orders and requirements of courts, bailiffs, prosecutors, heads of investigative bodies, investigators, bodies of inquiry and interrogators for government bodies, local governments, public associations, officials, individuals and legal entities.
At the same time, in accordance with Part 5 of Article 62 of Law N 218-FZ, paragraph 73 of the Procedure, a request for information contained in the Unified State Register of Real Estate, submitted in violation of the Procedure, including one that does not comply in form and (or) content with the requirements established by the Procedure, is considered not received and is not considered.
Additionally, we inform you that the letters of the Office do not contain legal norms or general rules specifying regulatory requirements, are not regulatory legal acts, are of an informational nature and do not interfere with being directly guided by legal norms.
Head of Department
legal regulation
in the areas of real estate registration,
geodesy and cartography
E.U.GALISHIN
