Many government services today can be obtained remotely, including real estate registration. There is no longer any need to stand in long queues at the registration service - you can choose a more convenient option for submitting documents via the Internet. We'll talk about how this works below.
Real estate registration: general rules
All real estate and rights to it must be registered in a special register - these are the provisions of the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ. The Register of Real Estate and Rights to It (USRN) is maintained by a special government department - Rosreestr (Registration Service).
If a real estate purchase and sale transaction takes place, after signing the contract, you need to inform Rosreestr about the appearance of a new owner. If this is not done, the transaction will not be considered concluded and will not receive legal force.
Previously, registration documents had to be submitted only in person. This took time, because there were always plenty of people willing to register their transactions. Today Rosreestr has introduced the ability to submit applications and applications online. Moreover, this opportunity is available not only to those who buy or sell housing with a mortgage through a bank, but also to all interested citizens of the Russian Federation.
How does electronic registration work?
If you buy an apartment in a new building, then an equity participation agreement (DPA) is registered; in the secondary market, a housing purchase and sale agreement is registered. The service also extends to land plots. True, for the latter and for secondary housing, the service is available only if the ownership of them was registered after 1998. The service is used only for direct transactions, that is, chains of transactions cannot be registered this way. There is also a limitation on the number of co-borrowers (no more than five), sellers and buyers (no more than two).
After approval of the mortgage loan, you need to come to the bank to sign the loan agreement and other documents. At this moment, the bank representative will offer to connect the secure payment service (2,000 ₽). Its essence is that the bank keeps money until the transaction is registered in Rosreestr: only after registration of the agreement will the bank send the funds to the real estate seller. If the contract is not registered, the money will be returned to the buyer. “The service is optional,” explained the Sberbank press service.
The buyer and sellers are given an enhanced qualified electronic signature (ECES), which will be used to sign the contract.
A package of documents for registration under the terms of service must be sent within 14 days from the date of payment. The buyer of the property will receive an SMS message with a code. A representative of the registrar (Rosreestr) will call and request this code. After its introduction, the agreement will be digitally signed and submitted for registration.
Registration of the agreement takes 5–7 days. As soon as the contract is registered, an SMS message will be sent, and a signed contract will be sent to your email.
Over the next 24 hours, Sberbank must transfer the money to the real estate seller.
Electronic registration of real estate: how it works
Registration of real estate transactions always follows the same scheme:
- Documents are submitted for registration to Rosreestr. This can be done in person, by mail or online.
- The registrar checks the legality of the transaction and the correctness of the documents. If everything is in order, it registers, that is, enters data about the new owner into the Unified State Register of Real Estate. If there are complaints about the documents, registration may be suspended.
- After successful registration, documents with notes about it are returned to the applicants. The new owner of the apartment receives an extract from the Unified State Register and an agreement with a registration mark from Rosreestr.
If registration is carried out online, then you do not need to personally visit the offices of the department or MFC. Both sending and receiving documents will occur electronically. An electronic extract from the Unified State Register and an agreement with a registration mark have the same legal force as paper versions, so we can assume that electronic registration in a legal sense is completely identical to traditional one.
Registration of rights to real estate in electronic form
Home / Registration of rights to real estate
After certifying a real estate transaction
(including agreements of purchase and sale, donation, pledge, exchange, rental of real estate and others), the rights to which are subject to state registration in Rosreestr, the
notary
immediately or within the time limits established by the parties to the agreement,
sends an electronic
application for state registration of rights and the documents attached to it to Rosreestr for the purpose of conducting state registration of the transfer of ownership, pledge of rights to real estate, if the parties to the transaction do not object to the filing of such an application by a notary. Having issued a certificate of the right to inheritance, a certificate of ownership of a share in the common property at the request of the surviving spouse, the notary is obliged to immediately, but no later than the end of the working day, submit in electronic form an application for state registration of rights and the documents attached to it to Rosreestr.
When signing an application for state registration of rights to real estate and transactions with it, the notary acts on his own behalf in the interests of the persons on whose behalf and on whose behalf the notarial act was performed. When carrying out state registration of rights to real estate on the basis of a notarized transaction, a certificate of inheritance, a certificate of ownership of a share in the common property of spouses, the legality of such a notarized document is not verified by the state registrar of rights; the accuracy of the notarized document is checked by the state registrar of rights through the unified notary information system in the manner established by the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 N 4462-1, with the exception of cases of submission for state registration of the rights of the specified documents by the notary who certified such documents. State registration of rights to real estate in this case, in accordance with Federal Law dated July 13, 2015 N 218-FZ “On State Registration of Real Estate,” is carried out upon the application of a notary. Documents to be issued after state cadastral registration and (or) state registration of rights are issued in the form of electronic documents, after which the notary certifies the equivalence of documents on paper to electronic documents, and issues an extract from the Unified State Register of Rights, confirming the state registration of rights, and a special registration inscription (registration stamp) on paper to persons who apply for the relevant notarial act. There is no need to visit MFC offices in person.
The period for state registration of rights to real estate, in the case of electronic documents provided by a notary, is no more than three working days (1st day - the day of certification, issuance and sending of documents to Rosreestr by a notary, 2nd day - the day of state registration by Rosreestr, 3 The th day is the day the documents are sent by Rosreestr to the notary and the documents are issued by the notary.
We are ready to provide qualified and competent assistance on issues related to state registration of real estate rights in electronic form.
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Registration of rights to real estate on the basis of notarized real estate transactions, issued certificates of inheritance rights and certificates of ownership of a share in the common property of spouses is FREE OF CHARGE
, You only need to pay the state fee in favor of Rosreestr, charged for state registration of rights to real estate:
Rates
- for individuals, the state fee in favor of Rosreestr for electronic registration by a notary is 1,400 rubles;
- for legal entities – 22,000 rubles.
What documents are needed
The transaction is completed electronically, but some documents will still need to be collected in advance. The list is determined by the specific transaction, but usually the following are required:
- Passports of the seller and buyer.
- Consent of the seller's spouse to the sale.
- If the seller is a minor, the consent of the guardianship authority.
- Purchase and sale registration agreement and transfer deed.
- Documents for real estate (extract from the Unified State Register or certificate of ownership).
- Receipt for payment of state duty.
These documents must be collected in advance. The DCT, if an apartment is purchased with a mortgage, is usually signed by the bank on the day of the transaction.
How to register a deal remotely
Depending on how your electronic transaction is going, you may have different options for filing your claim remotely. We have collected them in the table below.
Way | To whom is it available? | Expenses |
Via bank | For those who apply for a mortgage through this bank | State duty + bank remuneration |
Independently through the Rosreestr website | To all interested participants in a real estate transaction | State duty + UKEP issue |
Through a notary | For those who certify a transaction with a notary | State duty + remuneration to the notary for certifying the transaction |
Via bank
Electronic registration of real estate is offered by the largest banks in Russia, which are introducing remote technologies to serve their clients. In particular, Sberbank has been practicing for quite some time. The client does not need to go to the MFC several times; only one visit to the bank is enough - directly to sign the transaction documents. But this service is not free.
The service for electronic registration of real estate in Sber includes:
- payment of state duty;
- release of UKEP for the seller and buyer;
- sending and receiving documents from Rosreestr in electronic form;
- assistance from a personal manager on emerging issues.
The cost of electronic registration through Sberbank depends on the specifics of the transaction and varies from 8 to 11 thousand rubles. But here everything is simple - one visit to the bank and receiving the results of registration by email. You don't need to fill out anything yourself.
In this case, it is not necessary to notify Rosreestr in advance of your intention to submit documents electronically, because registration takes place through the bank. If you act independently, you will first have to notify Rosreestr, and only then submit documents.
On one's own
The procedure is more difficult if you act independently. The procedure is as follows:
- First, you need to notify Rosreestr about the possibility of generally registering transactions electronically with your real estate. Such rules appeared in law from mid-August 2021. This is necessary to prevent attackers from being able to register using a fake UKEP. To submit such an application, you need to contact the MFC (My Documents) with your passport in advance - before completing the transaction. Such an application is not subject to state duty, and you can submit it in relation to your entire property or just a specific apartment, for example.
- After this, or if there is already a record of the possibility of electronic registration of transactions with your real estate in the Unified State Register of Real Estate, you need to issue a UKEP for the seller and the buyer. This can be done at any certification center that provides similar services. You can select a suitable accredited center using this link. Read more about UKEP in the article below.
- Next, pay the state fee and keep the payment receipt. Read more about the state duty below.
- When the UKEP is ready, you need to go to the Personal Account of Rosreestr (electronic registration of real estate is not carried out through State Services) and select the appropriate service there.
In what cases is it necessary to pay a state fee for registering property?
The state fee for registering property is payable when making any transactions that are related to property (real estate):
- privatization;
- inheritance;
- barter agreement;
- registration of purchase and sale;
- rent;
- donation.
Depending on the situation in which you take ownership, a certain procedure and amount of state duty is established. For detailed information, please visit the portal. For this:
- Follow the link https://www.gosuslugi.ru.
- Log in to the system.
- On the main page, go to the “Authorities” section.
- Select "Rosreestr".
- Click on the item “State cadastral registration and (or) state registration of rights to real estate and transactions with it.”
- From the list that appears, select the desired category (registration of lease, registration of rights to a land plot, etc.).
- The next page will display information on how to obtain the service, the required package of documents, etc.
State fee for electronic registration and other expenses
Electronic registration of real estate is a paid service. The cost depends on how you plan to submit your documents.
Type of expenses | Price | When required |
State duty | 2,000 rubles for individuals 22,000 rubles for legal entities | Always paid. Can only pay one party to the transaction or both in shares |
Remuneration to the bank | Up to 15,000 rubles | If a mortgage is being taken out and the parties want to use the help of a manager |
Notary fee | Depends on the transaction amount | You only have to pay to certify the transaction; the submission of documents itself is free. |
Issue of UKEP | About 5,000 rubles | Mandatory if you submit documents yourself through the Rosreestr portal |
Notarial consent of the spouse | Up to 2,000 rubles | If the seller or buyer is married |
State duty for property registration
New features are periodically added to the State Services portal. In this regard, functionality for paying state fees for registering property rights may soon appear. For now, check out the information about the amount to be paid:
- The state duty for purchasing a new apartment is 2,000 rubles;
- if you register a share in an apartment, then pay a state fee of 200 rubles;
- when registering a personal plot, which is located under a residential building, they charge 350 rubles;
- if you register ownership of real estate by right of inheritance from a close relative, then pay 0.3% of the cadastral value, but not more than 100,000 rubles. In other cases, the state duty will be 0.6%, but not more than 1 million rubles;
- When registering a mortgage and making an entry in the Unified State Register, they charge 1 thousand rubles.
More detailed information on the amount of state duty for registering property rights is available on the Rosreestr website.
Is it safe?
If all precautions are taken and the UKEP is not discredited or stolen by criminals, then there is no need to doubt the security of electronic registration. Information is transmitted via encrypted channels and goes through several levels of protection.
To increase security and eliminate fraudulent transactions, Rosreestr has established a rule: before submitting documents signed by UKEP, you must notify the department in advance about the possibility of such submission. This is done through a personal application to the MFC. There is no need to submit a corresponding application if the documents are transferred through a bank or notary.
What to do next
Electronic registration of real estate is the same legal basis for further actions as the traditional paper procedure. After receiving the electronic statement, you can go register at a new address, transfer personal accounts to yourself and exercise all the powers of the owner. As confirmation, you can present an electronic statement printed on paper. They do not have the right to refuse you and send you for papers with blue stamps - this is illegal.
When can they refuse to register ownership of an apartment?
Expert opinion
Mironova Anna Sergeevna
Generalist lawyer. Specializes in family issues, civil, criminal and housing law
The cadastral service refuses the procedure in a number of situations. This often occurs when incomplete documentation is provided. Also, refusal is inevitable in case of violation of the rules according to which papers for taking ownership must be drawn up. Seizure of a home and falsification of certificates also serve as grounds for refusal by the cadastral service.
The citizen is given a specific period to eliminate violations. If after its completion he does not provide the papers again, then the cadastral service refuses to register property rights through the State Services. This requirement is recorded in Article 27 of the Law under number 218-FZ.
Providing an incomplete package of documents
This basis is recorded in paragraphs. 5 hours 1 tbsp. 26 of the Law of July 13, 2015 under number 218-FZ. If the applicant has provided incomplete documentation, then all further actions regarding the service will be suspended. The procedure has been suspended, therefore, the applicant will need to send the missing papers to take ownership. He is given no more than 3 months for this. The requirement is recorded in Part 2 of Art. 26 of the Law under number 218-FZ.
Violation of paperwork rules
The basis is provided in paragraphs. 7 Part 1 of Article 26 of the Law under number 218-FZ. If the papers do not have the correct form and content, then the registration of property under them is also suspended. The citizen is given no more than 3 months to put the documentation in proper order.
Availability of a lien on the apartment
The base is present in paragraphs. 37 Part 1 of Article 26 of the Law under number 218-FZ. Registration of any transactions with seized property is prohibited. Any measures taken during the arrest to dispose of the home will ultimately be considered invalid. Registration can only take place after the seizure has been officially lifted and the cadastral service has been notified.
What other options are there for registering real estate?
If electronic real estate registration is not suitable, you can use standard options:
- submit documents in person through the MFC (My Documents);
- hand over the papers by mail, having the signature on the application certified by a notary;
- use the help of a representative under a notarized power of attorney and entrust the registration to him.
So far, applications for registration are most often submitted through the MFC personally by the seller and buyer, because this is much cheaper than using bank services or obtaining UKEP on your own. However, in some cases it is more convenient to use remote services, especially if citizens do not have the opportunity to come in person.