State registration of rights: terms of provision of services, necessary documents

State registration of rights: terms of provision of services, necessary documents

State registration of ownership of an apartment is carried out in accordance with Federal Law dated July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it.” Recognition and confirmation by the state of the emergence, termination, transfer or limitation (encumbrance) of such a right is entrusted to the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) with reflection in the Unified State Register of rights to real estate and transactions with it. The Unified State Register contains information about existing and terminated rights to real estate objects, characteristics of these objects and information about the right holders. List of documents for registering ownership of an apartment 1. Passports or other basic documents identifying the identities of all participants in the transaction. 2. Application from the seller for state registration of the contract and transfer of ownership. 3. Buyer’s application for state registration of the contract and ownership. 4. Apartment purchase and sale agreement in triplicate. 5. Transfer and acceptance certificate in triplicate. 6. Documents of title for the apartment (purchase and sale agreement with acceptance certificate, agreement of exchange, gift, rent or other documents on the basis of which ownership of the alienated object was obtained). 7. Legal documents (Certificate of state registration of rights or others). 8. Cadastral passport of residential premises. 9. Extract from the house register. 10. Notarized consent of the spouse for the sale (purchase) of the apartment, or a statement that the seller (buyer) is not in a registered marriage. 11. Receipts for payment of state duty. 12. Other documents for the sale/purchase of an apartment, depending on the circumstances of the transaction. Terms and cost of state registration of a purchase and sale agreement: State registration is carried out within 10 working days from the date of submission of applications and all necessary documents (clause 3 of article 13 122-FZ). After this period, the seller of the apartment receives a purchase and sale agreement with a registration mark indicating the number in the Unified State Register and the date, and the buyer receives his copy of the agreement and a Certificate of State Registration of Rights. The amount of the state duty is determined by the Tax Code of the Russian Federation and for individuals is 2,000 rubles for state registration of a purchase and sale agreement and 2,000 rubles for state registration of the buyer’s ownership rights (clause 1 of Article 333.33 of the Tax Code).

Buying an apartment on the secondary market: how to register ownership

When purchasing an apartment with a mortgage on the secondary market, it is necessary to ensure that the documents comply with certain requirements before re-registration of ownership. It is recommended to pay special attention to such important points as the absence of debt to utility services, the legality of redevelopment, etc.

In addition, it is necessary to find out the number of sellers, make sure that they agree to sell the property and that there are no minor children registered in it. In this case, the buyer can protect his interests by taking out title insurance.

To register the right to an apartment on the secondary market, the borrower must provide a standard package of documents. After approval and registration procedure, the buyer receives an extract from the Unified State Register.

List of banks that issue commercial mortgages

List of the most popular banks issuing loans for business:

Typically, banks do not provide mortgages for commercial real estate without a down payment. But this does not mean that it is impossible to reach an agreement on an individual basis. The likelihood of approval will increase if you offer collateral that is worth more than the amount requested.

Attracting a reliable guarantor will also have a positive effect on the decision, especially when the state acts in this capacity (under a special program). If the bank takes such a risk, it will be necessary to make a down payment exceeding 40% of the loan amount.

To choose the most profitable offer for yourself, you should use an online calculator.

How does the procedure work?

The procedure for registering mortgage transactions takes place in 7 main stages.

The applicant requires:

1. Find out where he needs to go. This information can be obtained from an employee of a financial institution, from Rosreestr.
2. Collect all documents. Remember: some documents have a limited validity period, so it is advisable to obtain them immediately before contacting a government agency. Registration Chamber staff can provide assistance in submitting documents. They will help not only collect documents, but also indicate the validity period of each document. They will also tell you how many days and in general how many days it takes to register property rights under a mortgage.
3. Pay the state fee. Without a receipt, government agency employees do not have the right to proceed to the state registration procedure or state registration of a mortgage.
4. Make an appointment with the Registrar's Office through State Services or by visiting the authority in person.
5. On the appointed day, appear at the authority and provide papers related to the execution of the mortgage agreement. The employee is obliged to check all documents, inform the applicant of the completion date of registration, and inform how many days it takes to register ownership of a housing or apartment registered with a mortgage.
6. Wait until the authority's employees check the documents and identify factors that may impede the transaction. Employees may require the applicant to provide them with other documents. Moreover, he is obliged to provide them in the near future.
7. Receive a notification from a government agency employee about the completion of the process, receive an extract from the Unified State Register. You can also draw up a contract in advance with an employee of this body, which will clearly indicate the period within which the mortgage agreement will be registered in Rosreestr.

Possible difficulties during registration and registration

Today, banks are not very willing to issue loans for the purchase of non-residential premises. This is due to the riskiness of the transaction, which is why more stringent requirements are imposed on applicants. Failure to comply with at least one item from the standard list leads to refusal.

Reasons why a bank may reject an application:

• false information was provided;
• the borrower is already heavily financially overburdened with other unclosed loans;
• there are arrears on past loans;
• there is no possibility to make a down payment;
• the organization's profit is seasonal;
• "youth" of the business.

Expert opinion

Irina Bogdanova

Expert in the field of mortgage lending.

Credit will be denied to persons whose business is related to the production of alcohol and tobacco products, as well as goods whose production causes environmental damage.

The bank's decision may also be influenced by the property chosen for purchase. For example, a novice businessman wants to take out a loan to purchase premises to open a store. The building is located on the outskirts of the village, far from transport routes and other points of trade. The lender will refuse such a borrower, since the business is not initially promising and does not guarantee stable payments on the loan in the future.

How to obtain a document confirming ownership

If we are talking about a paper certificate of registration of rights, then now there is no way to get it. As we said earlier, Rosreestr stopped issuing it in 2021. But the buyer can ask the seller for this document in addition to the ordered extract.

An extract from the Unified State Register can be obtained in several ways:

• After the property is registered, the new owner receives a paper version of the extract from the Unified State Register of Real Estate. This document will confirm ownership. However, in order to find out the latest information on the property, as well as during any registration actions with it, you will have to order an extract from Rosreestr again.
• A paper version of the statement can be ordered through the MFC or from the registration authority. To do this, you need to come to the organization in person and pay the state fee - 460 rubles. Submit an application. Wait 3-5 days and come again in person to pick up the document. As practice shows, few people use this format now. The easiest and fastest way is to get the electronic version.
• To get the electronic version, go to the EGRN.Reestr website. Indicate the address of the property or its cadastral number. Pay for the service - its cost can vary from 200 to 350 rubles, depending on the content of the document. An extract from the state database of Rosreestr will be certified with an electronic digital signature and sent by email. When ordering, you can see what information will be reflected in different versions of statements and choose the appropriate one. Such a document can be printed as many times as you like or sent to any organization, including the court and the bank.

Text: Natalia Petrakova, Ksenia Antonova

What type of borrowers can get a mortgage for non-residential real estate

You can apply:

• IP;
• small and large business owners;
• leading company managers;
• major shareholders.

Can an individual take out a mortgage on non-residential premises?

Commercial real estate mortgages are available to individuals subject to their registration as individual entrepreneurs. Managers or owners of a certain business, shareholders, and founders can also receive such a loan. In addition, the borrower must be a Russian citizen aged 21 to 65 years.

The bank pays attention to the credit history of the entrepreneur. It is important that the company has an unblemished reputation, pays taxes on time and keeps accounting records correctly. Otherwise, the chance of getting your application approved is significantly reduced.

Features of non-residential premises

When applying for a loan to purchase a property from a non-residential property, individuals will have to face some features relating to the property being purchased:

• real estate purchased with mortgage funds will become collateral;
• You cannot register in the apartment;
• payments for utility services in non-residential premises are many times higher, so an individual may experience financial difficulties;
• you cannot use maternity capital or other subsidies from the state to repay the loan debt;
• There is no tax deduction for this loan offer.

Expert opinion
Irina Bogdanova

Expert in the field of mortgage lending.

It is impossible to obtain a loan for the construction of non-residential real estate without a large down payment, since there is a high risk of freezing or stopping construction.

Loan for the purchase of a garage

Individual entrepreneurs with the status of an individual have the opportunity to take out a mortgage for a garage. Borrowed funds can be used to purchase a finished garage or build one. An example is an offer from Sberbank, which also applies to the purchase of a parking space.

Since such a mortgage is not available at all financial institutions, an alternative may be a standard consumer loan.

Thus, Sberbank offers such a product under the following conditions:

• limit – up to 5 million rubles;
• interest rate – from 9.9%;
• Installment plan – up to 5 years.

Details can be found directly on the website.

A garage is not real estate unless it has a solid foundation.

Property with land

The land plot on which the building purchased with a mortgage is located automatically becomes collateral (Article 69 102 of the Federal Law “On Mortgage”). An exception will be land owned by municipal or state property. Also, the bank cannot impose an encumbrance on plots that have an area less than that established in a particular region (for example, the minimum is 2 acres) and owned by the right of permanent use.

Expert opinion

Irina Bogdanova

Expert in the field of mortgage lending.

If the land plot, which the applicant owns by lease, becomes collateral with the bank, then even when a penalty is imposed on it, the creditor does not have the right to dispose of it as the owner. He will be able to act exclusively as a tenant.

Other properties for exclusively commercial purposes

It is more difficult for individuals to buy commercial real estate with a mortgage than for legal clients. The bank offers the latter to purchase warehouse, office or retail space at an inflated rate, which is unprofitable for individuals. Therefore, such loans are issued exclusively to citizens conducting business activities. Then they take into account the company’s profit and the prospects for business development. The borrower must submit for review, in addition to the standard package of documents, the company’s financial statements.

Typically, such loan offers imply stricter conditions for the client.

What state fee will the applicant have to pay?

For registration of a mortgage agreement in Rosreestr, the borrower must pay a state fee. Its final size depends on what actions the employees perform, how many days it will take to register the mortgage and property rights.

According to the law, individuals pay much less for this procedure than legal entities. For example, they will have to pay 2,000 rubles for the procedure, and legal entities – 22,000 rubles.

Remember: the applicant can register electronically through State Services. So he will reduce the amount of state duty. On their website, he can find out in advance how much it takes to register a mortgage transaction in Rosreestr.

With or without trial?

By a court decision, the process of registering property rights may be suspended. Documents may be delayed for 1 month. This is the maximum permissible period, unless otherwise provided by law.

Refusal of registration is possible on the following grounds:

:

1. if the applicant does not have rights to register property;
2. if the documents are fictitious;
3. provided there are no additional certificates or documents;
4. subject to repeated registration of the same immovable property by different persons;
5. subject to judicial seizure of housing;
6. subject to the withdrawal of documents by one of the parties.