Documents for the apartment and their copies are required when concluding all real estate transactions. Without them, it will not be possible to perform one or another legal action. However, no one is immune from loss of documentation. In this case, a person may face a number of problems. To avoid them, experts recommend figuring out in advance how to restore documents for an apartment if lost .
The procedure for carrying out the procedure can vary significantly depending on what kind of paper needs to be restored. Additionally, experts advise taking a number of actions to protect yourself from unforeseen circumstances in the event of loss of documents. We’ll talk further about how to restore documentation for an apartment, how to renew the purchase and sale agreement, and what to do to protect yourself.
Types of documents for an apartment
All real estate documents are divided into three categories. The owner of the apartment must have technical, title and title documents and copies thereof.
The recovery process varies depending on what type of documentation the action needs to be performed on.
Technical documents for housing
The technical documentation contains information about the characteristics of the apartment. Using papers or their copies, you can identify a property.
The list of technical documentation includes:
- registration certificate of the apartment;
- cadastral passport;
- technical housing plan.
The technical documentation contains information about the price of a house or other real estate, its area, dimensions, as well as other important parameters.
Title papers
The most important documents for an apartment are title documents. On their basis, it is possible to restore ownership of the premises. The list of documentation is quite extensive.
It includes the following papers:
- agreement on transfer of ownership;
- an agreement containing information about the transaction;
- decision of judicial authorities;
- documentation related to shared construction;
- documents demonstrating the existence of the right to inheritance.
Legal documents
Legal documentation is provided by registration authorities. If a citizen acquired the right to residential premises after February 2008, it must be confirmed by an appropriate certificate.
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Today, a certificate of ownership is provided by the Rosreestr department. The paper will be issued only after a legal examination has been carried out. In order for it to be completed, the citizen must provide supporting documentation. If ownership of the premises arose in 2008, the registration certificate is the documentation confirming its existence. Its registration was previously handled by the BTI authorities.
The procedure for restoring title documents for housing
To obtain legal duplicates of lost documents defining the right of ownership of the owner of this property, you should contact the institutions that previously prepared (registered) these documents.
To request a duplicate or a new document on ownership of an apartment, in addition to writing an application, a citizen will need to go to certain organizations (see below), present his civil passport and, ideally, a copy of the lost document. If the owner is represented by a trustee, which is permitted by law, then in order to apply for duplicates (copies) of real estate documentation, he will need a power of attorney with notarization.
Certificate of privatization
. You must contact your local housing department or MFC for a copy of this certificate. This document is issued only to the actual owner of the home, or to his heir upon presentation of the death certificate of the previous owner (in the latter situation, you will also need a request from the notary in charge of the inheritance case and a will). In case of a change in the name of the owner, you will need to accompany the application for a duplicate with the following evidence: about the change of name; about marriage; about birth; about divorce.
The longest duration for processing a duplicate privatization certificate is 30 calendar days (usually 15 days). This service is provided by municipalities free of charge.
Agreement of purchase and sale, exchange, equity participation, donation, rent
. If the transaction took place before January 31, 1998, then you should apply for a duplicate of the agreement justifying the owner’s right to own real estate at the BTI, at the city archive, or at the office of the notary who executed the transaction. If a previously existing notary office is closed, it is necessary to find out the location of the notary archive in the regional Notary Chamber and request a duplicate there. The cost of a duplicate will be from 3,000 rubles, the period for preparing a copy is not regulated (the Notary Chamber is not a government agency, but an NGO).
When making a transaction after the date of formation of Rosreestr (i.e., since February 1998), you can obtain a copy of the executed contract for the purchase of housing in the Rosreestr archive by contacting a branch of the state registrar or the MFC. This option is also suitable for obtaining copies of real estate contracts made in simple written form (this format for transactions “without a notary” has been valid since 2006). Execution period – 30 days (maximum). The cost of requesting a paper copy from Rosreestr and the MFC is 680 rubles.
If it is possible to find a second party to the transaction (the previous owner of the property), then it is easier to ask him to make a notarized copy of his own copy with the costs paid by the current owner who has lost his title documents.
Judgment
. When acquiring rights to housing by decision of an arbitration court, a lost copy of the court decision can be requested from the court archive. Only participants in the trial have the right to apply for a copy of the decision; it will not be given to third parties. Obtaining a copy of a court decision on the owner of real estate is free of charge.
If your home ownership certificate is lost
Today, it is quite simple to restore the certificate of ownership of an apartment. The document only copies the information contained in the Unified State Register. To restore the document, you need to contact the territorial division of Rosreestr. This is where the certificate is provided. You will need to write a statement at the organization's office. The certificate of ownership is provided only to the owner of the premises. Therefore, the citizen must provide identification. Additionally, you will have to pay a state fee. Its size depends on the status of the applicant. Citizens must pay 350 rubles, and organizations - 1000 rubles. A receipt confirming the fact of depositing funds must be included in the general package of documents. The service will be provided within 10 working days from the date of application.
You can apply for reinstatement of the certificate:
- directly to the territorial division of Rosreestr;
- in the MFC;
- through the State Services portal.
Using the State Services service allows you to contact the authorized body remotely. However, this will require you to obtain a digital signature certificate. The application can also be sent by mail. Sending is carried out using a registered letter with a list of attachments. All documents must be certified by a notary.
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If it is necessary to renew the contract of purchase and sale of housing
If the purchase and sale agreement was drawn up after the entry into force of Federal Law No. 122, restoring the paper should also not cause difficulties. One copy of the agreement remains with the citizen, and the second is transferred to the authorized body, where it is stored in a special archive.
If a person needs to receive a copy of the contract, he must visit the local office of Rosreestr and fill out an application in accordance with the established rules. You must have your ID with you.
When figuring out where to go to restore a document, you need to take into account that the restoration procedure is paid. It is recommended to first find out how much the manipulation costs. An individual will have to pay 200 rubles. For legal entities, the amount increases to 600 rubles. A copy of the agreement in Moscow or other cities is provided within 5 working days. If the contract was concluded before 2008, the procedure becomes more complicated. It will be possible to restore a document only if it has been notarized. To obtain a copy of the paper, you will need to contact the appropriate office where the transaction was carried out. A fee of 100 rubles is charged for providing a copy. Additionally, the notary will require payment for technical actions. When issuing a purchase and sale agreement, a fee of about 50 rubles per page is charged. If the agreement was registered with the BTI, the citizen will only be able to rely on a copy of the registration certificate. The only way to restore the contract in this case is to find the seller of the apartment and make a copy with his copy.
Obtaining duplicate certificates
If your property is registered in the Unified State Register of Real Estate, but you have lost the certificate of ownership, then you can come to Rosreestr or the Multifunctional Center and get a duplicate of the document.
If your property has not been registered with Rosreestr, then you need to find out the registration authority that registered it in your name. After this, you will need to apply there to restore the lost certificate and obtain the necessary document.
How to find out where to apply for a duplicate if you do not remember the name of the registration authority.
If the property was registered in your name after 1999, then most likely it was registered by Rosreestr. It is very easy to clarify this point; you need to order an extract from the Unified State Register from Rosreestr.
For example, you can receive an extract:
- Unified State Register about the real estate you are interested in.
- On the transfer of rights to property.
- About the rights of a specific person to his property.
To obtain this information, you only need to fill out an application and present it to Rosreestr or the MFC along with your passport.
The application form for obtaining an extract from the Unified State Register was approved by Order of the Ministry of Economic Development No. 743 of December 16, 2013. You can download the application for an extract from the Unified State Register here.
To receive an extract, you will have to pay:
- For a private person – from 200 rubles.
- For a company - from 600 rubles.
The period for providing an extract is up to 5 working days.
If the property was registered by Rosreestr, then the extract will indicate the registered property, as well as its owner. By and large, even the fact of providing this document will already indicate that the property is registered in Rosreestr, which means you can get a duplicate certificate there.
To obtain a duplicate, you can visit any Rosreestr reception office or any multifunctional center. You will need:
- Application for issuance of a repeated certificate.
- Passport, power of attorney or other personal document.
- Document confirming payment of state duty.
You can download the application form for obtaining a duplicate certificate of ownership here.
The fee for re-issuing a document is:
- For individuals - 350 rubles.
- For companies - 1,000 rubles.
If necessary, you have the right to additionally request documents not listed. It is important to know that papers on state registration of rights (including repeated ones) are not issued to heirs.
The certificate will be issued within 10 days. If your application is not accepted, Rosreestr employees must issue a written reasoned refusal. If you think that the refusal violates the law, you can challenge it by contacting the management of Rosreestr or in court.
If Rosreestr does not issue you an extract on the grounds that the property is not registered in the Unified State Register, then you need to think about where else it could have been registered. If your property was acquired before 1999, it is likely that you will need to contact the City Property Department to obtain a duplicate certificate.
From the Department you can obtain:
- An archival copy of the document on housing rights, issued before January 31, 1998.
- A duplicate of a certificate for residential real estate registered before 1998.
Citizens can order document restoration through the MFC. An archived copy can be ordered through the government services portal. Firms and entrepreneurs can order an archival copy through the Department's reception desk.
What is needed to restore documents
- Application for document restoration.
- The applicant's passport or power of attorney from his representative.
- Request from a notary if the document is received by an heir.
- If the applicant was a military serviceman from 1991 to 1998 or was under sixteen years of age, he must provide information about the details of his identity documents during this period.
You can download the application form to the DGI for the issuance of a document here.
Once the application is accepted, a copy or duplicate of the certificate will be issued within two weeks.
If your application is not accepted, the Department employees must issue a written reasoned refusal. If you believe that the refusal violates the law, you can challenge it by contacting the Department or the court.
If the property is not registered either with Rosreestr or with the Department, contact our employees for help. Perhaps, during consultation and clarification of the circumstances, they will determine where the property was registered and how to obtain a duplicate certificate for it.
Restoration of technical documentation for housing
Having figured out how to restore an apartment purchase and sale agreement after loss, a person should become familiar with a similar procedure performed in relation to technical documentation for housing. So, if a new cadastral passport is required, the owner of the premises must contact the cadastral chamber. Any other citizen has the right to perform the action, even if he is not the owner. At the organization’s office you will need to present your passport and pay a state fee. Its size is 200 rubles. The document will be ready within 5 working days. Restoring the technical plan is performed in a similar way. However, the cost of state duty will increase. To carry out the action you will have to pay 800 rubles.
If for any reason a citizen cannot personally visit the cadastral chamber, you can use its services through the MFC or the government services portal.
The above scheme only applies if the plan has previously been drawn up. If you need to obtain a new document and not a duplicate, you will need to contact a cadastral engineer, BTI or another organization providing such services. Payment will be made in accordance with the institution's tariff plans. The preparation of technical passports for the premises is carried out by the BTI. Here you can get a copy of a document that was lost. The service is paid. To obtain a copy of the technical passport you must pay 500 rubles. If a new document is required, the cost will increase to 1,500 rubles.
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Is it possible to restore an employment contract if it is lost?
An employment contract is the main document, an agreement between the employer and the employee, it establishes the mutual rights and obligations of the parties. Its loss leads to serious consequences. The State Labor Inspectorate considers his absence as a violation of Art. 5.27 Code of Administrative Offenses of the Russian Federation.
Questions about reinstating an employment contract often arise. You can recreate a lost copy. The procedure for restoring a missing document is not described in the legislation; the employer should develop its own algorithm for its reconstruction for the organization and include it in the company’s LNA (Article 8 of the Labor Code of the Russian Federation).
We talk even more about personnel records in the online course “Clerk”: quickly look for details.
Lost documents for an apartment: precautions
If a citizen has lost a purchase and sale agreement or other papers, there is a possibility that illegal actions may be carried out with the housing. In a number of situations, a citizen may lose his premises.
To protect himself, a citizen must act quickly. Initially, you need to contact the territorial division of Rosreestr and report that the documents have been lost. To do this you will need to write an application.
You will also have to submit another application containing information that state registration of real estate without the personal presence of the owner is strictly prohibited. Based on the documents received, representatives of authorized bodies put down a special mark prohibiting registration actions on the basis of a power of attorney. After this, the person can begin to restore the necessary documentation.
