An extract on the transfer of rights contains information about persons who have ever owned an apartment or land plot, as well as documents confirming the change of ownership. The history of registration of rights to real estate is stored in the Unified State Register of Real Estate (USRN).
Previously, this information was entered into the register of rights (USR), and the owners were issued paper certificates of ownership. But in 2021, the Unified State Register became part of the Unified State Register, and the certificates were replaced with extracts from the register.
Attention: Data on the transfer of rights to real estate have been entered into Rosreestr since 1998. Earlier data can be found in regional archives - BTI, city administration, and can only be obtained by the owner.
Why is an extract from the Unified State Register of Rights required?
The document will be useful to: the owner, the buyer, the notary and the bailiff. Next, we will consider in what situation an extract may be needed.
To the owner
With the help of an extract from the Unified State Register of Real Estate, you can prove to the buyer that the apartment is your property and conclude a deal faster.
If you plan to receive money or apply for a mortgage from a bank, you will also need to provide information from the Unified State Register of Real Estate about the previous owners of the apartment.
To the buyer
Having received an extract on the transfer of rights before purchasing an apartment, you can make sure that:
- the seller is indeed the copyright holder;
- the contract indicates the same number of owners as in the register;
- there are no encumbrances or restrictions on the apartment;
- owners did not change too often.
This information will help you reduce the risks when buying an apartment.
To the notary
Information about copyright holders is necessary for a notary to formalize a real estate transaction, as well as for:
- division of an apartment during a divorce;
- establishing shared ownership;
- drawing up a will, etc.
To calculate the amount of inheritance tax, a notary can request information from Rosreestr about the cadastral value of the apartment.
To the bailiff
An extract from the Unified State Register can also be requested by a bailiff when it is necessary to establish what property an individual (or legal entity) owns.
How can you prove it? What documents confirm ownership
What document confirms ownership of real estate? A few years ago, every owner could immediately answer this question: everyone knew what a green or red form with an official seal looked like.
However, today this document is no longer relevant. Now an extract from the Unified Real Estate Register is used as a legal document.
What is the difference between a certificate and an extract and in what cases these documents may be needed, explains Natalya Dergacheva, head of the legal department of the cadastral chamber for the Udmurt Republic.
“A certificate of registration of rights is a document indicating that ownership of a property was registered in the name of the person indicated in the document on a specific date,” says Natalya Dergacheva . — The certificate does not confirm that the person indicated in it is indeed the owner of the property today.
Such reliable information can be obtained from an extract about the main characteristics of the property and the rights registered to it, which is current at the time of its issuance. For this reason, we strongly recommend that when conducting residential transactions, you do not be satisfied with the evidence that the seller shows. This paper may be completely irrelevant.”
The advantage of an extract over a certificate is its relevance. So, for example, the certificate may indicate that the apartment has no encumbrances. But in a day, this information may become outdated, because a document has been received from law enforcement agencies regarding the seizure of property. The apartment has been seized, but this is not reflected in the certificate.
“Nevertheless, there is no point in throwing away evidence,” the expert notes. – In some cases this document can be used. Thus, the certificate can be presented when obtaining various services in the housing and communal services sector. However, most government agencies, banks, and notaries will require an extract from the real estate register.”
There are several forms of extract. They differ in the volume and content of information. The most in demand is an extract about the main characteristics and registered rights to the property. It contains a description of the property and information about its owner, type of property, restrictions, arrests and encumbrances. 142 thousand for residents of the republic and government agencies .
The next most popular is an extract on the transfer of rights to a property - it contains information about who owned this property and at what time. It is worth ordering this extract when purchasing an apartment to check whether its owners have changed frequently. Potential buyers know this - over the 10 months of 2021, cadastral chamber specialists prepared 14 thousand such documents.
Another frequently ordered extract is an extract on the rights of an individual to the real estate he or she owns, including on the territory of the entire Russian Federation. It may be needed when receiving various subsidies, as well as when conducting inspections by government authorities. 233 thousand such statements have been prepared for residents of Udmurtia this year .
How quickly can I receive an extract?
Preparation of a document when requesting data through the MFC takes 5 working days. You can also order an extract by mail or electronically.
What is the validity period of the statement?
The extract, like the certificate previously, does not have a specific validity period. Any time frame can be set only by the authority where this information is required to be provided.
Who can request an extract from the Unified State Register of Real Estate?
It depends on the information you want to obtain. For example, anyone can request information about who is the owner of a particular piece of real estate. This is public information that does not contain a passport number, registration, or any other data other than the owner’s last name.
An extract from the Unified State Register of Real Estate may be more extensive and contain specific information about the copyright holders of real estate; Accordingly, only the owner himself or his representative by proxy can receive such an extract.
What does the transfer of ownership statement contain?
The extract contains information about all former and current copyright holders and about the documents on the basis of which the right of ownership passed from one person to another.
The document consists of three parts:
- Data about the property: its type, cadastral number and address;
- Registration data: full name of owners or names of legal holder organizations, share, type of right, date and registration number, date and basis for transfer of right (document of inheritance, sale and purchase, etc.);
- Information about the recipient of the statement: full name or name of organization.
New statement format
Changes made to Law No. 218-FZ from 01/01/2017 combined two independently and independently operating documentation forms into one:
- extract from the Unified State Register;
- cadastral passport.
The new official document to confirm ownership is called an extract from the Unified State Register of Real Estate. What does the document for ownership of an apartment or other real estate look like? The certificate is the quintessence of the previously issued two forms above and is the only information document on the territory of Russia that states that an object belongs to a specific owner at a given point in time.
The extract is issued electronically or on paper at the client’s request, indicating information about the apartment:
- actual location indicating the legal address, purpose, floor location and total area;
- graphic plan of the apartment indicating partitions;
- Full name of the owners with a reflection of the share of ownership of each owner;
- detailed information about the document - the basis of ownership of the apartment, indicating the name, assigned number and time of registration by the state organization;
- information about restrictions or encumbrances indicating the date and reason for imposition;
- cadastral numbers, date of assignment with designation of cadastral value.
If the property is not privatized, then the statement will indicate the absence of information, since only privatized objects are included in the Unified State Register of Real Estate.
Electronic and paper formats of statements have equal legal force. The authenticity of the paper medium is confirmed by the blue seal of the registrar, and the authenticity of the electronic counterpart is confirmed by the digital signature of the responsible person of the government agency.
How to pay the state fee?
Everyone who registers their ownership of real estate is required to pay the state duty. Only low-income people who are legally recognized as such are exempt from paying it. For minors under 14 years old, parents pay on their own behalf, and if children are between 14 and 18 years old, then payment is made on their behalf.
Currently, the state duty is 2,000 rubles for all buyers. Everyone must pay on their own behalf in proportion to their share in the property. For example, if your share is 1/4, then when multiplied the cost will be 2000*1/4=500 rubles.
When buying a house with land, there must be a separate receipt for each object. The size of the state duty for a plot depends on the category: 350 rubles for agricultural land, personal farming and individual housing construction, 2000 rubles - in populated areas.
Separately, duties are provided for the acquisition of property as a result of donation and inheritance. Heirs, for example, pay 2,000 rubles each. Receipts for payment of fees in the name of each participant must be included in the general package of documents.
You can pay the fee yourself (the details are on the Rosreestr website), but it is easier to do this when submitting an application to the MFC. The law allows you to wait up to 5 days for payment. You have the right to refuse to accept documents, but the registration itself will not begin until the fee is paid.
How to confirm the authority of the property owner?
The owner receives an extract confirming the registration in Rosreestr of the newly arisen right to own and dispose of residential premises.
Certificate
From the establishment of the government body responsible for registration, cadastre and cartography until July 1998, a certificate of ownership was issued.
The registration procedure was established by the provisions of 122-FZ “On state registration of rights to real estate and transactions with it” dated July 21, 1997. Initially, the form was drawn up on a printed colored sheet , and since 2015 on regular coated paper.
Federal Law No. 360 of July 3, 2016 abolished the issuance of certificates.
Is it relevant today?
Despite the fact that the registration of real estate is no longer confirmed by the issuance of certificates, the documents already held by the owners with such a title do not lose their function.
That is, certificates issued before July 15, 2016 (before the date of termination of their registration) have a legal nature . Property owners are not required to exchange them for other forms and can provide them as proof of ownership.
What are they giving out now?
The current procedure for registering rights is described in Federal Law No. 218 of July 13, 2015. The already mentioned 360-FZ made changes to the process and canceled the issuance of a certificate of ownership of real estate. Instead, the registration authority began to provide an extract from the Unified State Register of Rights (USRE).
In 2021, changes occurred in the registration system again, which resulted in the unification of two state registers - rights and the real estate cadastre.
The Unified State Register of Real Estate has been put into effect . In connection with the events that took place, the extract from the register of rights changed the name of the Unified State Register of Real Estate to an extract from the Unified State Register of Real Estate.
What is the name of?
A new sample title document issued by Rosreestr has the title of an extract from the Unified State Register of Real Estate.
What does the confirmation statement look like?
Issued on a standard form printed on plain white paper. The following information is provided in table form:
- about the property - area, cadastral information, floor and others;
- form of registered property and date of registration of rights;
- information about the owner;
- information about restrictions of rights, if any.
An example of a certificate about housing and its rights holders:
Title documents
As mentioned earlier, title documents for property are papers that served as the basis for registering property rights. These include:
- contract of sale;
- barter (exchange) agreement;
- annuity agreement;
- certificate of entry into inheritance rights;
- papers confirming the privatization of property;
- court decision.
Important! All agreements related to the transfer of ownership to another owner, concluded between individuals, between companies, or between a citizen and an organization, are subject to mandatory notarization.
What documents are required when conducting real estate transactions?
A certificate of title or an extract from the Unified State Register are documents that confirm the fact of ownership of real estate and provide the opportunity to dispose of it at your own discretion
Any owner has the right to dispose of his own property.
When making transactions in relation to an object owned by him, he must confirm his right.
The main document for this, of course, is a certificate of title or an extract from the Unified State Register. They reliably confirm the status of the owner and his right to dispose of property, including alienation to other persons.
If the owner does not want to deal with the sale of an apartment on his own, for example, a power of attorney is issued for the exercise of his powers by an authorized person.
Where to get it?
Extracts from the register are issued by the Federal Service for State Registration, Cadastre and Cartography, abbreviated as Rosreestr. You can obtain the document through:
- Rosreestr . By submitting a written application directly to one of the regional offices.
- MFC . In order to avoid queues, owners contact the MFC offices. A citizen has the right to choose any of the centers, regardless of the location of the property. The MFC independently sends the package of documents generated and submitted by the apartment owner to the Rosreestr branch.
- Online . One of the most convenient and cheapest ways to obtain an extract. The document is prepared electronically. To apply for registration, the owner submits an electronic form on the Rosreestr website or on one of the third-party services that have entered into an agreement with the executive authority. Within 3 days, the statement form will be sent to the specified email address.
