Electronic registration of property rights
In order for a purchase and sale transaction (donation, exchange, etc.) to take place, you need to register the transfer of ownership in the Unified State Real Estate Register (USRN). This register stores information about all real estate objects: rooms, apartments, houses, land plots.
The register is maintained by a special state body - Rosreestr. If the owner of the property has changed, he needs to contact Rosreestr and register the ownership of this property.
Now this can be done remotely electronically.
The procedure is as follows:
1. You need to create a personal account on the official Rosreestr portal. To do this, you will need a confirmed account on the State Services portal (in the ESIA system).
2. Select the required one in your personal account.
3. Fill out the proposed application form.
4. Attach scanned images of supporting documents.
For example: a purchase and sale agreement, notarized consent of the seller’s spouse for the alienation of real estate, passports of the parties to the transaction.
5. Pay the state fee.
Important: when submitting documents electronically, you can save on state fees. In accordance with paragraph 4 of Art. 333.35 of the Tax Code of the Russian Federation, you will need to pay only 30% of the established amount. This benefit is valid until 01/01/2023.
6. Sign documents with an electronic digital signature (we will talk about signatures below).
7. Receive an extract from the Unified State Register of Real Estate, certified by the electronic signature of the state registrar.
Electronic registration of the transfer of ownership takes up to 7 working days. But usually, if the application is filled out correctly and the documents do not raise any questions, the procedure will take 2-3 days.
State registration fee
The state has determined the following total amounts of the state fee for registration and entering the characteristics of the terms of the mortgage agreement:
- parties to the agreement - individuals
: 1,000 rubles; - parties to the agreement - legal entities
: 4,000 rubles; - parties to the agreement - individuals and legal entities
: 1,000 rubles.
Note! By virtue of the law, no state fee is charged for completing the procedure.
The details that will be needed to pay the state duty can be clarified on the official website of Rosreestr by selecting a specific region.
Note! When individuals interact electronically with Rosreestr, there is a 30% discount on registration of rights.
Electronic digital signature
You can complete a transaction online only using a qualified electronic digital signature (CES).
A document that is signed by the CEP has the same legal force as if the person signed it with his own hand.
You can obtain a CEP from an accredited certification center (ACC). To obtain a CEP you will need an application, passport and SNILS. An ATC employee will necessarily identify the citizen using the submitted documents. According to the new rules that came into force on July 1, 2021, a citizen has no right to send a representative in his place, even if the representative has a notarized power of attorney.
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New content of preschool education and documents for its state registration
Starting from 2021, the agreement for participation in shared construction must indicate the conditional number of the construction site in accordance with the developer’s project declaration.
The package of documents that the developer must submit for state registration of the first residential building includes the consent of the mortgagee . This is necessary if the developer has pledged the land on which construction is taking place or the rights to it to the bank to secure a targeted loan.
To register the second and subsequent DDUs, the developer is required to submit the pledgee’s consent to terminate the right of pledge, if it was issued for each shared construction project.
Since 2021, during state registration of equity participation agreements, the following will not be checked:
- legality of issuing a building permit;
- compliance of the information in the project declaration or plan of the property with the data of the project documentation.
How does the state protect property owners?
To protect citizens’ property from fraudsters, in 2019 the state amended the law on registration of property rights (No. 218-FZ of July 13, 2015).
According to the requirements of the law, a citizen must first notify Rosreestr that he agrees to carry out registration procedures electronically.
To do this, the property owner needs to send an application to Rosreestr. You can do this in the following ways:
- personally go to the Rosreestr authority;
- contact the MFC;
- send the application by mail, but in this case the document must first be certified by a notary.
A separate application must be submitted for each property. Having received an application from the property owner, Rosreestr will make a note in the Unified State Register of Real Estate. If there is no such mark in the Unified State Register, Rosreestr will by default assume that the citizen does not intend to enter into transactions electronically and will reject documents sent online.
In some cases, the owner's prior consent for electronic registration is not required, in particular:
- When a notary submits documents to Rosreestr.
- When the documents are sent by the bank (for example: if the apartment was purchased with a mortgage).
- When documents are submitted by local authorities.
How to apply through Rosreestr
Filling out an application through Rosreestr is quite simple:
- Go to the Federal Service website.
- Go to the “Electronic services and services” tab (bottom right corner).
- Click on “Receive USRN information and fill out the request form.
- In the “Method of providing information” sub-item, you must select the type of document - electronic or paper version.
The certificate will be provided to the applicant during a personal visit (if a paper version of the document is issued) or as a link to an electronic document.
When a deal cannot be concluded remotely
Some transactions cannot be completed remotely. For example:
- transactions involving minors;
- alternative transactions with several participants (each such transaction must be registered separately).
In addition, some transactions by law require the mandatory participation of a notary, so it is impossible to conduct them completely remotely. For example:
- alienation of a share in an apartment;
- transactions with real estate that belongs to a minor or a citizen of limited legal capacity;
- transactions in which property is managed by a guardian under the condition of trust management.
New in changing the type of permitted land use
Not only the owner, but also another copyright holder has the right to do this.
The law now contains grounds for which the type of permitted use cannot be changed. For example, a new type is not provided for in the relevant territory, there is no consent to a conditionally permitted type of use.
The tenant does not have the right to independently change the type of use if, according to the contract, the object is provided for a certain activity (clause 3 of the Review of the practice of consideration by courts of cases related to changing the type of permitted use of a land plot, approved by the Presidium of the Supreme Court of the Russian Federation on November 14, 2018).
Summarize
The main advantage of remote transaction registration is convenience. After all, you can submit documents without leaving your home. This method is often chosen by those who buy an apartment in another city. This allows you to reduce travel and accommodation costs while waiting for the transaction documents to be ready.
The second advantage is saving time. When submitting documents on paper, they will be reviewed within 10 business days. Electronic state registration is much faster.
True, in the end the owner will not receive any paper document with stamps. An extract from the Unified State Register of Real Estate certifying ownership of the property is sent to the applicant’s e-mail address. And many citizens are still distrustful of electronic documents. Although these fears are unfounded. After all, an extract certified by the registrar’s digital signature has full legal force and will be accepted in any commercial or government institution.
Personal presence
If a citizen decides to submit documents for registration during personal presence, he needs to follow the following procedure:
- decide on the type of statement (paper or electronic);
- pay the state fee (its size directly depends on the type of extract);
- fill out an application in the prescribed form and submit it to the registration authority.
The processing time is 5-12 working days, depending on the specific situation. In this case, you can submit an application through an authorized person (acts under a notarized power of attorney), by mail and using the online platform of the State Service.
New in state registration, changing the name of an object and its exclusion from the Unified State Register of Real Estate
In order to enter or change the name of a building/structure/premises into the Unified State Register of Real Estate, at the request of the owner or his representative, the rights registration authorities are given 5 working days.
The features of this situation have been established:
- the name of the building or structure must correspond to the name in the permit to put the facility into operation (for cultural heritage objects - the name in the relevant register);
- the change of name should not be associated with reconstruction, redevelopment, redevelopment, or change in the purpose of the object.
Now, when entering information about the type of permitted use of an object into the Unified State Register, you can simultaneously exclude its name from this register.
New in state registration and cadastre registration by court decision
Since 2021, the law directly obliges rights registration authorities to execute court decisions that order cadastral registration. Previously, this was only implied and for this reason was not always implemented in practice.
For example, there is now no need to submit land survey, technical plans or an inspection report along with the court decision if the court decision:
- there is basic information about the object that is needed to enter information into the Unified State Register, incl. coordinates of characteristic points;
- This information is correct from a methodological point of view.
In addition, the procedure for action is prescribed and the circle of applicants is determined in the event of a court decision:
- about the demolition or reconstruction of an unauthorized building;
- recognition of the property or registered right as missing;
- recognition of an object as movable property.
New in state registration of transactions without a seller
Until April 30, 2021, Rosreestr could refuse to register a transaction if the application was submitted by the buyer and the seller was liquidated or excluded from the Unified State Register of Legal Entities as an inactive legal entity. As a result, buyers had to go to court. Now the procedure for submitting documents is established by law.
So, the application must be accompanied by:
- an extract from the Unified State Register of Legal Entities on the liquidation of the seller or his exclusion from this register;
- documents on the fulfillment of obligations by the parties under the agreement (payment, acceptance certificate, etc.).
This state registration procedure works if a record of the seller’s ownership of the object was previously included in the Unified State Register.
New in cadastral registration when renting part of a building or land plot
From 04/30/2021, a technical plan is not required to register the rented part of a building on the cadastre if:
- the Unified State Register of Real Estate contains information about all premises in this building;
- a rented part is one or more premises that have common building structures (adjacent rooms in the premises) and are located within one or more floors.
In other cases, when registering the lease of part of a building, as well as part of a land plot, boundary and technical plans are required for these parts. Without them, the rented property will not be registered in the cadastral register, and the lease agreement will be registered as an encumbrance on the corresponding property.
It is also clarified that when renting part of a building or part of a land plot, the entire object is not removed from the cadastre.
