Title documents for real estate and their types

Document preparation procedure

An application written in the prescribed manner is submitted to the registration chamber at the location of the apartment. It should be written:

• who registers the transaction;
• description of the subject of the transaction;
• account number;
• how many sheets are attached to the application, copies and originals are counted separately;
• How many sheets of application, signature, date are on?

To be filled out with the help of a chamber employee. The following documents are attached to it.

Seller:

• certificate of registration of rights (if any);
• title document;
• a certificate stating that no one is registered;
• consent of the spouse, if the seller was married. Certified by a notary;
• permission from guardians if the seller does not have the right to make transactions due to age or mental condition;
• confirmation of permission from neighbors for a communal apartment.

Buyer:

• marriage certificate if the property will be jointly owned;
• a marriage contract certified by a notary when an apartment is purchased by shared participation;
• spouse's permission to purchase if borrowed funds are used;

Naturally, you need a passport of the person who registers the property, the physical presence of the person, a passport from the BTI. If entrusted to a trusted person, then a notarized power of attorney.

In addition, you must attach a receipt for payment of the state fee. It is paid twice. When completing the contract, the buyer and seller each pay 1,000 rubles. In order to enter himself into the register, the buyer must pay 2,000 rubles.

To register ownership rights to an apartment you will have to pay a state fee

The procedure for obtaining documents from the archives of Rosreestr

Rosreestr is the agency in whose archives title documents for real estate are stored. These documents are subject to permanent storage; their destruction or seizure is not allowed.

Who has access to these documents? What is the procedure for issuing them? How can the copyright holder receive his copies of documents if he has not received them on time?

Larisa Kopytova, head of the Unified State Register Department of the Rosreestr Office for the Republic of Bashkortostan, answers these and other questions.

Copies of what documents can be obtained from Rosreestr?

The Office of Rosreestr for the Republic of Belarus issues copies of contracts and other documents from registry files expressing the content of unilateral transactions made in simple written form (not notarial). This is a purchase and sale agreement, exchange, donation, equity participation agreement, etc.

The documents on the basis of which information is entered into the Unified State Register of Real Estate are information to which access is limited by law, and therefore copies of such documents are issued only to the copyright holders themselves, their legal representatives, persons acting on the basis of a power of attorney, notaries, law enforcement agencies, courts and other persons, established by the law “On State Registration of Real Estate”. In this case, it is possible to issue copies if the originals are available in Rosreestr.

Copies of documents on the basis of which information is entered into the Unified State Register of Real Estate (landmark plan, technical plan, etc.) are also provided.

How can I get copies of documents from Rosreestr?

You can submit a request to provide information contained in the USRN in the form of a copy of a document in one of the following ways:

— in the form of a paper document submitted by the applicant when applying in person to the MFC;

- in the form of a paper document sent by mail, but in this case it must be notarized;

- in electronic form by filling out the request form posted on the official website of Rosreestr online (https://rosreestr.ru).

Is it a paid service to receive copies of documents?

There is a fee for issuing copies of documents. Its size is set at the federal level. For example, for a copy of a purchase and sale agreement there is a fee of 300 rubles per unit for individuals. Information is provided free of charge to law enforcement agencies, courts, bailiffs, federal executive authorities, state authorities, local governments, prosecutors of the Russian Federation, arbitration managers, and notaries.

Previously, copyright holders were issued certificates of ownership. Now, after registration, a certifying extract from the Unified State Register is issued. What is the advantage of extracts from the Unified State Register of Real Estate?

As of 2021, paper certificates have been abolished. Now the only confirmation of a citizen’s registered right, a guarantee of this right, is an entry in the electronic register.

Paper certificates, like extracts, record current information. But if, five minutes after receiving a paper document, the property is seized, for example, this data will not be on the certificate. And to obtain more current data, you will need to request an extract from the unified register.

In addition, the production of paper certificates is expensive - certain degrees of protection, watermarks, holograms are required - but they do not provide additional guarantee of ownership. An entry in an electronic register is a more reliable guarantee of rights than a paper certificate. We, together with law enforcement agencies, detect the forgery of paper documents.

An extract from the Unified State Register can be ordered not only in paper form, but also in electronic form through the Rosreestr portal.

What should I do if I was unable to pick up the documents prepared by Rosreestr for issuance at the appointed time?

— Today, on the territory of the republic, all applications and documents provided by applicants on paper to receive public services from Rosreestr are received by our Department through the offices of the MFC.

The law establishes that after the end of the period for providing public services, documents are stored in the offices of the MFC for 30 calendar days. Afterwards, they are sent to the archive as unclaimed.

If the applicant wants to receive such unclaimed documents, he can contact the special electronic service “Request for documents from the archive” on the portal www.zkprb.ru. This service was created to make it easier for applicants to obtain archival documents that have remained unclaimed: for example, forgotten certificates or extracts of title. These documents can also be obtained on the territory of the republic through the offices of the MFC.

— What is the archive of your department?

— Based on the powers of Rosreestr, the archive of our department consists of register files that are part of the Unified State Register of Real Estate.

Register files, in turn, are stored in electronic form and (or) on paper.

The law stipulates that applications and documents necessary for state cadastral registration and state registration of rights, presented in the form of documents on paper, are translated by the rights registration authority into the form of an electronic document or an electronic image of the document for inclusion in registry files. Electronic documents, electronic images of a document have the same legal force as a paper document submitted by the applicant.

Register files are also conducted on paper, if the applications and documents necessary for the implementation of state cadastral registration and (or) state registration of rights are drawn up and submitted by the applicant in simple written form on paper, provided that the originals of such documents are not available in other government bodies , local governments, state and municipal archives.

Who has access to registry case documents?

Only authorized employees of the Department have access to the archive. Storage is carried out in places inaccessible to unauthorized persons, under conditions that ensure the prevention of theft, loss or damage to document books, register files, distortion, forgery or loss of information contained in them.

In relation to register files maintained electronically, the prevention of their distortion, falsification and loss, as well as unauthorized access to them by persons who do not have the right to access such data, is ensured. Backup and restoration of information that has been changed or destroyed (lost) due to software and hardware failures and due to unauthorized access to it must also be ensured.

Acquisition through court

It also happens that you have to establish your right of ownership by filing a claim in court, that is, the basis for the emergence of ownership is a court decision. However, it will not be positive if the applicant does not have one of the following title documents:

• A real estate leasing agreement (usually concluded with a legal entity);
• Mortgage or other bank loan agreement with confirmation of fulfillment of obligations;
• Agreement on the allocation of part of the property in kind;
• An agreement that property is separated from a joint property in specific numbers or percentages;
• Evidence of the acquisition of real estate at a state auction or sale from those objects that were seized from previous owners by law;
• Certificate of right to inheritance;
• Agreement on the alienation of premises and land at targeted exchange auctions;
• Settlement agreement.

The key feature of establishing rights through the court is that the court decision is indisputable and all claims will cease. This will not only protect the current owner, but also the next one if this object is transferred to him as a result of any transaction or inheritance.

Types of housing documentation

From a legal point of view, a document confirming the fact of ownership of real estate is a certificate of state registration of rights. It is called a certificate of title. It is issued by the registration chamber at the place where the real estate was purchased, and an entry is made in the Unified State Register of Real Estate (USRN).

Certificate of registration is the main document of title for apartments purchased before July 1, 2021

It indicates all the details of the apartment and its owner, the basis on which the apartment changes owner.

The above is true for apartments purchased before 07/01/2016. After this date, the certificate was abolished; now an extract from the Unified State Register is sufficient to confirm ownership. Until 1998, a separate certificate was not issued because there was no registration chamber. An entry was made on the contract.

The extract also indicates the type and number of the document according to which the home is alienated. An extract from the Unified State Register of Real Estate is sufficient in itself and confirms ownership, but to obtain it it is necessary to submit documentation documenting a specific transaction with housing.

Extract from the state register

Confirmation of rights

Understanding the two existing categories is actually not difficult, since title documents for real estate are those on the basis of which rights to property arise, and confirming documents, as is clear from the definition, confirm them.

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Papers confirming the legal right to real estate:

• Certificate of state registration. If the property was registered starting in 2021, then there will be no such document. Instead, an extract from the Unified State Register is valid.
• Cadastral passport and plan for a private house and for the land plot on which the building is located.
• Confirmation of the right of lifelong inheritance, if any.
• Documents indicating perpetual use, if we are talking about land transferred from the municipality.
• Additional acts certifying ownership on the basis of indefinite or lifelong use.

Each of these papers has legal force and is an integral part of the title documents for real estate. All accompanying documents must be up to date, and the owner must monitor this independently. For example, if redevelopment of premises or land surveying was carried out, this must be reflected in documents with changes made to a single database.

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.

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.

For state registration of real estate, the following must be attached to the application: 1) documents confirming the authority and identity of the representative (director); 2) title documents; 3) other documents established by law; 4) documents submitted at one’s own request; 5) documents must comply with general requirements.

If the set of documents is incomplete or they do not meet the established requirements, then state registration will be suspended. If the comments are not eliminated within the suspension period, state registration will be denied.

1. Power of attorney and other documents certifying the powers and identity of the representative (director) Such documents are: 1. Notarized power of attorney, if the documents are submitted by a representative of the organization (Part 4, Article 15, Subclause 1, Part 4, Clause 1, Part. 12, Article 18 of the Law on State Registration of Real Estate, clause 1, Article 185.1 of the Civil Code of the Russian Federation); 2. A document confirming the authority of the manager, if the documents are presented by a person acting on behalf of the organization without a power of attorney (Part 9 of Article 18 of the said Law). Such documents could be, for example:

3. Identity document of the representative (director). As a general rule, such a document is a passport of a citizen of the Russian Federation (clause 1 of the Regulations approved by Decree of the Government of the Russian Federation of July 8, 1997 N 828). The need to submit (present) such a document follows from paragraphs. 4 hours 12, hours 15 art. 18 of the Law on State Registration of Real Estate. This is required if documents for state registration: · are submitted in person. If such a document is not presented, acceptance of the documents will be refused (Part 15, Article 18 of the Law on State Registration of Real Estate); · sent by mail. In this case, you need to attach a copy of the identity document of the representative of the organization (clause 4, part 12, article 18 of the said Law). Since the requirements for such a copy are not established by law, it can be sent in the form of a simple photocopy. 2. Title documents Such documents are the basis for state registration of rights (agreements) to real estate. Their list, including for land plots, is given in Part 2 of Art. 14 of the Law on State Registration of Real Estate, and for certain types of rights and real estate - in Chapter. 6 of the said Law. For example, these include:

Title documents must contain a description of the property and, unless otherwise provided by law, the type of registered right (Part 1, Article 21 of the Law on State Registration of Real Estate). In addition, such documents must be (Part 1 of Article 21 of the said Law): 1) notarized. It is mandatory to notarize, for example: · any transaction if the documents are sent for registration by mail (clause 2, part 12, article 18 of the said Law). Moreover, if the agreement is signed by a representative, then a power of attorney confirming his authority must also be notarized (clause 3, part 12, article 18 of the said Law). This rule applies in cases where both the transaction itself and the right (restriction of right, encumbrance of property) on its basis are subject to registration; · agreement for the sale of shares in the right of common shared ownership (Part 1 of Article 42 of the Law on State Registration of Real Estate). The exceptions are transactions for the alienation of land shares, transactions related to property that constitutes a mutual investment fund or is acquired for inclusion in such a fund, as well as transactions for the alienation of shares in the right of common ownership of real estate when concluding an agreement providing for the transfer of ownership of residential property premises in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “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); 2) certified by seals (if any - clause 7 of article 2 of the Law on JSC, clause 5 of article 2 of the Law on LLC); 3) duly signed by the parties or officials specified by law. 3. Other documents required for state registration of real estate In some cases, the applicant must also submit other documents that are provided for by the Law on State Registration of Real Estate and the regulatory legal acts adopted in accordance with it (Clause 3, Part 4, Article 18 of the said Law). These include, for example, a certificate of full (partial) payment of the price of the agreement for participation in shared construction. It determines the amount and timing of payments upon assignment of the right of claim under this agreement (clause 2, part 10, article 48 of the said Law). This certificate is issued by the developer or the bank through which such payments were made. 4. Documents that the applicant submits on his own initiative The applicant, on his own initiative, can submit documents that Rosreestr receives through interdepartmental interaction (Part 6 of Article 18 of the Law on State Registration of Real Estate). These include, for example: · a document confirming payment of the state duty (Part 7, Article 18 of the Law on State Registration of Real Estate). Payment of the state duty can be confirmed using the State Information System (clause 3 of Article 333.18 of the Tax Code of the Russian Federation). But if there is no information in the system and the applicant has not submitted a document confirming payment, then the documents will be returned without consideration (clause 3 of Article 25 of the Law on State Registration of Real Estate). Therefore, we recommend submitting a document confirming payment of the state duty on your own initiative; · constituent documents (part 9 of article 18 of the said Law). Such documents can be presented both in the original and in the form of a notarized copy. Also, a copy of the constituent documents can be certified by the head of the organization with a seal (if any); · extract from the Unified State Register of Legal Entities. For example, when paying off a mortgage record, if the mortgagee organization is liquidated (Part 14, Article 53 of the said Law). Let us note that when an LLC or JSC makes a major real estate transaction, the consent of the competent body of the organization is required (clause 1, article 79 of the Law on JSC, clause 3, article 46 of the Law on LLC). The document confirming such consent is not included in the list of mandatory and necessary for state registration. However, if it is not presented, the right (agreement) will be registered, but an entry will be made in the register that the transaction was completed without the necessary consent (clause 4, part 3, article 9, part 5, article 38 of the Law on state registration of real estate). To avoid risks when making subsequent real estate transactions, it is advisable to submit this document. 5. General requirements for submitted documents Requirements for documents submitted for state registration of rights to real estate are provided for in Art. 21 of the Law on State Registration of Real Estate. In particular, the texts of documents on paper must be written legibly, the name of the organization is given in full (without abbreviations) indicating its location (Part 2 of Article 21 of the said Law). Let us note that the following documents are returned without consideration (clause 2 of Article 25 of the said Law): · executed in pencil; · having erasures, additions, crossed out words and other unspecified corrections; · with serious damage that does not allow an unambiguous interpretation of their contents. Documents are submitted in the following quantities (Parts 3, 5 of Article 21 of the Law on State Registration of Real Estate): · at least two originals of the agreement that is the basis for state registration, if the transaction is made in simple written form; · at least one original of the agreement, which is the basis for state registration, and its copy, if a notarized transaction or a previously arisen right is being registered; · one copy of a copy of an act of a government agency, a local government body, a judicial act, if the right is established by this act; · at least two copies, one of which must be the original, - all other documents. Special requirements apply to documents sent electronically. Such documents are presented (Part 7 of Article 21 of the Law on State Registration of Real Estate): 1) in the form of an electronic document, if such a paper document must be presented in the original (one of the copies must be the original), including if they are notarized. Such documents are signed with an enhanced qualified electronic signature of authorized persons, parties to the contract or officials established by law (Part 8 of Article 21 of the Law on State Registration of Real Estate); 2) an electronic image of the document, if the paper document is presented as a copy (without submitting the original). Such documents can also be submitted in the form of an electronic document. When submitting an electronic image of a document, an enhanced qualified electronic signature of the person who signs such documents in paper form or who is authorized to certify their copies is required (Part 9 of Article 21 of the Law on State Registration of Real Estate). The format for submitting such documents is specified in clause 9 of the Procedure given in Appendix No. 1 to Order of the Ministry of Economic Development of Russia dated November 26, 2015 N 883. If they do not comply with the established format, the documents are returned without consideration (clause 1 of Article 25 of the Law on State Registration of Real Estate). The set of electronic documents and document images generated for state registration must be certified with an enhanced qualified electronic signature of the applicant (Part 10, Article 21 of the said Law).

Registration of termination of ownership rights in Rosreestr

In everyday life, situations often arise when the copyright holder decides to dismantle a property on his land plot. After carrying out the specified work, he applies to Rosreestr with an application for state registration of termination of ownership. But, as a rule, they are faced with suspension or refusal of state registration of termination of property rights and appropriate recommendations are given to eliminate them.

It should be noted that Rosreestr, referring to clause 3, part 1, article 29 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Law), conducts a legal examination of the documents submitted for registration.

Based on the results of the examination, Rosreestr most often suspends state registration on the following grounds: - filing an application by an inappropriate person; — failure to submit documents necessary for registration actions; — doubts about the authenticity of documents or information contained in them, or their unreliability; - lack of authority of the person specified in the application to dispose of the real estate property; — existence of facts of signing (certification) of documents submitted for registration by an unauthorized person. — the presence of contradictions between the declared rights and those already registered in the Unified State Register of Real Estate (hereinafter referred to as EGRN); — non-compliance with the requirements of the legislation of the Russian Federation of documents in form and content; — there is a dispute regarding the property; — foreclosure of real estate.

It should also be noted that these grounds are general (basic), each of which is disclosed by the state registrar taking into account the main characteristics of the PUD case (title documents).

Without dwelling on a superficial analysis of the above grounds for suspension of state registration, we will consider in more detail the following reason: “failure to submit documents necessary to carry out registration actions” to terminate the ownership of a real estate property.

First, let’s look at what the basic package of documents required to register the termination of ownership consists of. In accordance with the Law, the documents required for cadastral registration and (or) registration of rights are: - application for state registration of termination of ownership; — paid state duty; — a document confirming the authority of the applicant’s representative (if his representative submits the application); — documents that are the basis for state cadastral registration and (or) state registration of rights; — other documents provided for by the Law and other regulatory legal acts adopted in accordance with it.

However, many do not know that, simultaneously with the application for state registration of termination of ownership, it is necessary to submit an application for deregistration of a real estate property that has ceased to exist.

Thus, by virtue of paragraph 3 of part 3 of Article 14 of the Law, state cadastral registration and state registration of rights are carried out simultaneously.

According to paragraph 2 of part 2 of Article 15 of the Law, part 1 of Article 23 of the Law and part 5 of Article 14 of the Law, deregistration of real estate is possible only: - on the basis of an application for deregistration and an inspection report; - on the basis of a court decision that has entered into legal force; - in the manner prescribed by Part 3 of Article 41 of the Real Estate Law.

Based on the foregoing, termination of ownership of the Property is not possible if the Property is registered in the state cadastral register.

Next, we will analyze what is the basis for termination of property rights. In accordance with current legislation, this norm is regulated by Art. 235 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). In particular, the right of ownership terminates when the owner alienates his property to other persons, the owner renounces the right of ownership, the destruction or destruction of property and when the right of ownership to property is lost in other cases provided for by law.

At the same time, in accordance with paragraph 3 of Art. 1 of the Law on Real Estate, state registration of rights to real estate is a legal act of recognition and confirmation of the emergence, change, transition, termination of a certain person’s right to real estate or restriction of such a right and encumbrance of real estate (hereinafter referred to as state registration of rights).

In addition, when conducting a legal examination of the submitted documents, the state registrar uses the Unified State Register of Real Estate (hereinafter referred to as the Unified State Register of Real Estate), which contains information about existing and terminated rights to real estate objects, data about these objects and information about copyright holders.

It should be noted that the procedure for maintaining the USRN, including the volume of information entered into the USRN registers, is established by the regulatory body (clause 7, article 7 of the Law).

Meanwhile, in accordance with clause 16 of the Procedure for maintaining the Unified State Register of Real Estate, approved by Order of the Ministry of Economic Development of Russia dated December 16, 2015 N 943 “On establishing the procedure for maintaining the Unified State Register of Real Estate, the form of a special registration inscription on the document expressing the content of the transaction, the composition of information included in the special registration inscription on the document expressing the contents of the transaction and the requirements for its completion, as well as requirements for the format of the special registration inscription on the document expressing the contents of the transaction in electronic form, the procedure for changing in the Unified State Register of Real Estate information about the location of the boundaries of the land plot when correcting the registry errors" (hereinafter referred to as the Procedure), when removing a property from the state cadastral register, state registration of termination of a right, restriction of a right, encumbrance of a real estate property, transaction, the data on termination (deregistration) shall indicate, including information on the basis documents to remove from the state cadastral registration and (or) state registration the termination of a right, restriction of a right, encumbrance of a real estate object, transaction in the amount of information provided for in paragraph 51 of the Procedure.

In addition, in accordance with Part 1 of Art. 14 of the Law, the document required for deregistration of a capital construction project is an inspection report confirming the cessation of existence of the property (when deregistering such a property).

By virtue of the provisions of Part 1 of Art. 23, the survey report is a document in which the cadastral engineer, as a result of inspecting the location of a building, structure, premises, parking space or unfinished construction site, taking into account the available information from the Unified State Register of Real Estate about such real estate, as well as other documents provided for in the requirements for the preparation of the survey report, confirms the termination the existence of a building, structure or an object of unfinished construction in connection with the death or destruction of such a real estate object, or the termination of the existence of a premises, parking space in connection with the death or destruction of the building or structure in which they were located, the death or destruction of a part of the building or structure within which such a room or such a parking space was located.

Thus, it is possible to remove a capital construction object from cadastral registration due to the cessation of its existence as a result of death or destruction only on the basis of an inspection report.

At the same time, in accordance with clause 3 of section I of the Order of the Ministry of Economic Development of the Russian Federation dated November 20, 2015 No. 861 “On approval of the form and composition of the survey report, as well as the requirements for its preparation,” the report is prepared on the basis of information obtained as a result of an inspection of the location of a real estate object, taking into account the information of the Unified State Register of Real Estate, as well as other documents confirming the termination of the existence of the real estate object or being the basis for the demolition of the real estate object. The specified documents, with the exception of documents containing information from the Unified State Register, are included in the annex to the Act.

Thus, documents confirming the termination of the existence of the property must be included by the cadastral engineer as part of the annex to the survey report.

Managing partner of the law firm EL Group

Elansky Igor Yurievich