Title documents for an apartment: list of how to obtain

Basis of right to an apartment

Ownership of an apartment is a legal procedure that can arise for various reasons. In each case, it is possible to identify the basis or source of such a right for a particular person. And a document is used to confirm this reason. In relation to the right itself, one of the following documents can be used:

Certificate of ownership;
Extract from the Unified State Register of Real Estate.

Both documents are only confirmation that a person has the right to dispose of a specific object. But those who purchased an apartment later than July 2021 may not have a certificate of ownership. This is due to the fact that from that time on its issuance was cancelled. Instead of a certificate, an extract from the Unified State Register is presented. These documents represent an extract of information contained in the register of rights.

It is important that the owner has the document on the basis of which the property was purchased or received. A citizen without this document cannot be considered the owner of the apartment. And in case of loss or damage, it is important to restore it.

Is it necessary to certify the primary document with a seal?

The seal is not mentioned in the mandatory details of the primary documents. Therefore, organizations have no such obligation. But there are exceptions.

Stamping is required in some documents, the form of which is approved by regulations not related to the field of accounting. For example, settlement (payment) documents.
If you decide to use previously used unified document forms without making any changes to them, a seal is needed because these forms contain seal details.

If the documents that you developed yourself and secured in your accounting policies contain seal details, it should always be affixed to such documents.

It is advisable for organizations to certify executed documents with a seal. This minimizes the possibility of its falsification and allows for the most reliable identification of the organization and the powers of its authorized representatives.

Certificate of ownership

From 1998 until 2021, a certificate of ownership was issued for any property. It represented the fact that ownership had passed state registration. A document can have different forms and appearance. It depends on the year it was issued. But any certificate must contain certain information, including the following:

Technical indicators and characteristics of the object;
Owner information;
The basis document by which the right is determined;
Special conditions, if any.

If the transaction was completed before 1998, the owner may not have a certificate. Until this time, no documents were issued. Also, certificates are not issued to those who bought an apartment after July 2016.

Today, instead of a certificate of ownership, an extract from the Unified State Register of Real Estate is issued. It contains information about ownership and the property. To obtain an extract, you must write an application to Rosreestr or MFC. But you can submit a request electronically through the Rosreestr or State Services website. The document can be obtained in printed or electronic form.

Note! If the extract is required not for personal use, it is better to obtain it in printed form. It is affixed with the signature of the responsible person and a seal.

When can only unified forms be used?

Organizations and entrepreneurs do not always have complete freedom in choosing the form of the primary document. Sometimes you need to use strictly unified forms.

Thus, when transporting goods by road, you can only use a consignment note approved by Decree of the Government of the Russian Federation No. 272 of April 15, 2011.

When carrying out non-cash payments, payment documents approved by banking legislation are used. In particular, by the Regulation of the Central Bank of the Russian Federation No. 383-P dated June 19, 2012.

Cash documents must be unified: receipt and expenditure orders, a book of accounting for funds accepted and issued by the cashier, a cash book, payment and settlement statements. This is a requirement of Bank of Russia Directive No. 3210-U dated March 11, 2014.

Foundation documents

This name is given to those documents on the basis of which property rights are registered. Only if they are available can any real estate transaction be carried out.

The following types of title documents for an apartment are distinguished:

Contract of sale;
Agreement on the transfer of housing, if as a result of privatization it is transferred into ownership;
Donation agreement;
Barter agreement;
Rent agreement, if real estate is transferred in exchange for care and provision;
Agreement on the exchange of property for rent;
Certificate of inheritance;
Certificate of ownership of the share;
Certificate from the housing construction cooperative confirming full payment of the share;
An equity participation agreement, which is drawn up in the event of purchasing a home in a house under construction;
The court decision with a stamp on entry into force.

If we are talking about an exchange or sale agreement, an acceptance certificate is attached to it. It is also called a deed of transfer. It states that the parties have fulfilled all the requirements of the agreement and have no claims against each other.

Such agreements are not required if we are talking about inheritance or transfer of real estate through privatization from the state. In this case, notarization is not required. The signatures of the parties to the agreement are sufficient.

Documents for an apartment obtained by court decision

We are talking only about the court decision that has entered into legal force. The documents obtained on its basis include the following:

Agreement on satisfaction of the credit institution's claims regarding real estate;
Agreement on dividing the total area of housing into separate shares;
Agreement on the allocation of a natural part in common ownership;
Certificate of inheritance;
Certificate of ownership of a share in the spouse’s common property, if it was obtained by court decision;
Act on the return of real estate that was previously nationalized;
Resolution on a settlement agreement, if citizens reached it before the end of the trial;
The decision to transfer into common communal ownership property recognized as ownerless;
Alienation agreement, if the apartment is pledged under a loan agreement.

Procedure for obtaining documents

All supporting documents are drawn up at the time of transfer of the apartment from one owner to another or by court decision.
During their preparation, only a passport and personal presence are required. If one of the parties cannot be present in person, a representative participates in the transaction under a notarized power of attorney. If the documents were lost, they must be restored. This is due to the fact that only a foundation document can confirm that you are the owner of the residential premises.

There are certain rules of action that are required to obtain a duplicate document. The place of appeal depends on where and how the document was drawn up.

At the notary

You need to know which notary you received the documents from. Here a certificate of inheritance is issued. Also, the services of a notary will be required if real estate is being sold, when several co-owners act as one of the parties.

When preparing documents, 3 or more copies are drawn up. A copy is given to each party to the agreement. Another 1 copy remains with the notary. He can issue a certified copy of the contract, but for this you need to provide a passport and write a corresponding statement.

In Rosreestr

Here you can get a document if you registered property before 2000. Also here, those who executed the agreement in simple written form and did not have it certified through a notary receive a document.

If the owner of the apartment is one adult citizen, the agreement can be drawn up without the participation of outside organizations. Only the personal presence of the parties to the agreement or an authorized person with a notarized power of attorney is sufficient.

The agreement is signed in 3 copies and, together with other documents, is submitted for registration to Rosreestr. After completing the registration actions, all documents, except 1 copy of the agreement, are returned. Therefore, the owner can submit an application to the nearest branch of Rosreestr. You must take your passport with you. The employee will issue the application form on site.

A receipt for payment of the state fee is attached to the request. To restore one document, you must make a payment of 200 rubles. Typically, a copy of the document is issued within 5 business days.

In the Housing Policy Department

Here the transfer of the apartment through privatization or subsidy is formalized. The Housing Policy Department also keeps a copy of the foundation document. To obtain the document, you must provide a passport and submit the appropriate application.

If title documents were originally drawn up before the end of 1997, the documents may not be available in Rosreestr. If they are not there, you need to contact the Housing Policy Department. The owner’s passport and an application of the established form are also submitted. The application form will be given to you on site. The document will be prepared within two weeks.

There are situations when not only the owner lacks the basis document. It happens that he is not in the Department of Housing Policy or in Rosreestr. In this case, you can contact a housing construction cooperative, a developer or a notary. The specific location depends on the place where the property is registered and the documents are signed.

Lawyers recommend keeping title documents for property in a safe place. If documents are necessary to perform any actions, it is better to make a copy.

Thus, when registering ownership of an apartment, various title documents can be used. They must be kept by the owner to confirm ownership of the property. If documents are lost, you must contact the appropriate organization to obtain them. It is better to do this in advance before the need arises to complete a transaction with property.

Why do you need a primary?

Any fact of economic life must be recorded in the primary accounting document. This requirement is enshrined in Article 9 of the Law “On Accounting” No. 402-FZ. The primary document must be drawn up at the time of the transaction or immediately after its completion.

When tax specialists or auditors check the statements, they will first of all make sure that there is a primary document for each transaction. No document means no business transaction, which means the reporting is drawn up incorrectly and taxes are calculated incorrectly.

For each type of operation, its own primary documents are used. For example, services rendered are usually recorded in an act of provision of services, the sale of goods - in an invoice, the receipt of money - in a cash receipt order, and the write-off of materials for production - in a demand invoice. All these documents must be stored and presented to controllers upon their request.