Registration of ownership of an apartment/room in a communal apartment.
How to register ownership of housing is often the first question with which citizens begin to bring their housing into legal order.
This is reasonable, because at present, without a certificate of ownership of residential premises, it is impossible to carry out a transaction with real estate: neither sell, nor donate, nor pledge it to a bank for a loan, and the heirs will inevitably have problems in the process of registering an inheritance case.
Therefore, regardless of your specific goals, we in any case advise you to register your home as a property title as required by current legislation.
Registration of property rights: main problems
Housing remains unregistered as the property of citizens for various reasons: someone did not have time to privatize the housing, someone did not enter into inheritance rights after the death of the owner, the owner of the residential premises, someone did not register the transfer of ownership in a real estate transaction, as required by current legislation.
Quite often, the owners of their real estate own and use it on the basis of some right, but do not care about the proper registration of ownership of the premises.
The described situation occurs, for example, when you have an old-style certificate of state registration of property rights.
Sometimes there is no cadastral passport for an apartment or room, i.e. the property is not registered in the cadastral register or such information is out of date. Problems often arise with registering ownership of apartments in new buildings, for example, in cases where the developer does not take due care to register ownership of apartments for shareholders, and even more so if the shareholder independently through the court had to recognize ownership of an unfinished apartment. All this is a legal obstacle to registering an apartment or room as a full-fledged piece of real estate. In all such cases, the home owner may have problems during the implementation of a real estate transaction or inheritance of the property by future heirs.
List of documents
What documents are required to register a mortgage agreement with the Rosreestr authorities? The following papers are required:
- Passports of all owners. If a purchase and sale agreement is registered, then passports of both the buyer and the seller are needed;
- Statement from the borrower and lender. It must be signed in the presence of a representative of the registration authority;
- An agreement under which a loan is provided for the purchase of real estate and an encumbrance on it is registered, along with a full list of attachments to it;
- Contract of sale;
- Documents for real estate confirming the seller’s right to it;
- Cadastral passport for housing;
- Real estate valuation document for a mortgage;
- An extract from the house register of registered housing and a certificate of absence of debt for housing and communal services;
- Mortgage note with attachments;
- If there are one or more minors among the owners, then a certificate from the guardianship authorities is required, in which they consent to the transaction;
- Notarized consent of the seller’s spouse to sell the home;
- Receipt for payment of state duty.
To register a mortgage, additional documents may be requested, depending on the specific situation.
For example, when registering an apartment in a new building, you will need documents that the company building the house must provide:
- Share participation agreement;
- Permission to put the house into operation from the municipality;
- Registration certificate of the house, issued by the BTI;
- The act of transferring the apartment to the owner, signed by a representative of the architecture;
- A protocol confirming the distribution of residential and commercial zones in the house itself and in the local area;
- A document indicating the address and zip code assigned to the house.
When registering a secondary home, documents may be required confirming the technical condition of the house and the absence of alterations in the apartment.
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Documents for registration of ownership
The first step in any such procedure is collecting a set of documents for subsequent submission to Rosreestr for the purpose of registering property rights.
Title documents
The most important, key document is called the title document - a document that certifies that you have ownership rights to the residential premises.
Such a document is, as a rule, an agreement with the previous owner on the purchase and sale, exchange or donation of residential premises , a certificate of inheritance rights, a certificate of full payment of a share in a housing construction cooperative.
In relation to apartments in new buildings, the title document is an agreement for participation in shared construction or an agreement for the assignment of the right of claim with the previous shareholder , together with the act of acceptance and transfer of residential premises, issued in connection with the completion of construction of a residential building.
Here, the ownership of the living space can be certified by a court decision if you are faced with the problem of registering an apartment in an unfinished new building. If you own an apartment or room under a social tenancy agreement or a warrant as a tenant, you must first privatize the residential premises.
It often happens that the title documents are in order, but for some reason the owner of the property did not confirm his ownership through state registration.
Sometimes property finds itself in such a legal state at the time of the owner’s death and at the opening of an inheritance, as a result of which the burden of registering all rights to housing falls on the heirs. It also happens that a citizen has a certificate of ownership of his home, but it is outdated, and the property owner wants to update it.
Cadastral passport of real estate
Since 2008, state registration of property rights requires a cadastral passport of real estate.
In simple terms, a cadastral passport is a document that determines the main characteristics of a building, structure, structure: type, area, number of storeys, year of construction, wall material and other important characteristics.
Each cadastral passport also contains a graphic image of the property and its cadastral number is indicated.
Cadastral registration
It is the cadastral number that determines the location of the real estate object on the public cadastral map and links it to a single coordinate system. Thus, a cadastral passport for a particular property is practically the same as a civil passport for a citizen of the Russian Federation.
This document identifies real estate among all others on the territory of our state.
Ultimately, the cadastral number of the property is indicated on the certificate of ownership, on the line “cadastral (or conditional) number”. If the word “conditional” is underlined in your certificate, it means that Rosreestr does not have information about registering your home for cadastral registration, and you need to initiate this process yourself.
How to register housing on your own?
To begin with, if you do not have a cadastral passport on hand, we recommend contacting the Cadastral Chamber to obtain information about registering an apartment or room for cadastral registration.
Information is requested by drawing up and submitting an application, a fee is paid on the spot, the processing time for the request takes 5 working days. Based on the results, either a cadastral passport of an apartment or room is issued, or a notification about the lack of information about the registration of the property with cadastral registration.
The chances of receiving a cadastral passport for an apartment or room after sending the above request are quite high. This is explained by the massive technical inventory of all apartments at the end of the last century. This work was carried out by the BTI - technical inventory bureau - all information since 2008 was transferred to the Cadastral Chamber, also on a massive scale.
At the same time, due to the huge amount of information on real estate objects, there is a high probability of so-called cadastral errors, which consist of discrepancies in area, lack of information, inaccurate transmission, etc. In any case, the owner of real estate has the right to make all necessary changes to the cadastral documentation.
The lack of information about the cadastral registration of an apartment or room is typical for two opposing categories of real estate: dilapidated houses and new buildings.
Information about dilapidated houses may not be available in the Cadastral Chamber due to the passage of a large amount of time since the last technical inventory of the BTI. About new buildings - due to the fact that the burden of preparing a technical passport and plan lies with the owner of the property, the shareholder under the agreement for participation in shared construction. For new buildings, this procedure has been established, among other things, because most apartments are sold with an open plan, without internal partitions and non-load-bearing walls. This allows apartment owners in newly built buildings to independently determine the location of the internal premises without the procedure of subsequent approval of redevelopment with the municipal administration or legalization of unauthorized redevelopment through the court.
Technical inventory procedure
To start the procedure for technical inventory of residential premises, you need to contact the technical inventory bureau - BTI, or a cadastral engineer.
The established procedure is such that you first contact the bureau with the appropriate request, deposit a certain amount of money and jointly choose a date for inspecting your apartment or room. At the appointed time, a cadastral engineer arrives and takes the necessary measurements.
Based on the results of the technical inventory, you are given a technical plan of the property, on paper and electronic media. This is the result of the technical inventory of BTI.
Technical plan
This document contains a comprehensive set of information about your apartment or room as an object of real estate. The technical plan on paper and disk is subject to transfer to the Cadastral Chamber.
It is on the basis of the technical plan that the cadastral passport of the real estate property is formed. Please note that absolutely any person can carry out initial cadastral registration, and consent or a power of attorney is not required on behalf of the owner.
In contrast to subsequent changes to the cadastral documentation, which can only be carried out by the owner or his authorized representative. After 20 working days, in the absence of technical errors in the BTI plan, the apartment or room is registered in the cadastral register, and the applicant is issued a cadastral passport of the established form. If the Cadastral Chamber issues a notice of suspension or refusal of cadastral registration instead of a passport, we strongly recommend that you contact the cadastral engineer who prepared the technical plan, since the Cadastral Chamber makes decisions of this type only if there are errors in the technical inventory process or if any inconsistencies in the documentation.
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It is important to know: the MFC does not register rights to real estate; it is an intermediary between the applicant and Rosreestr. MFC does not provide contract drafting services. If your agreement is not subject to mandatory certification by a notary, you can draw it up yourself in simple written form; it comes into force after signing by all parties to the transaction. Use contract templates.
Starting from 2021, submit an application for registration of real estate to any branch of Rosreestr, regardless of the location of the property. But, if the property is located in another cadastral district (another region, territory, republic), documents for the transaction in 2021 must be submitted directly to the Rosreestr office, and not to the MFC. For secondary registration, during which two registration actions occur - transfer of ownership from the former copyright holder and registration of the right to the new owner. for the initial registration of the right - one registration action, registration of the right to the first owner for registration of real estate in a simplified manner - simultaneous cadastral registration and registration of ownership (private houses, cottages, land plots) to the first owner Let's look at it in more detail: Documents for the MFC for registration property rights that you need to take with you: First, original identification documents are needed in all situations: a valid passport of a citizen of the Russian Federation - for participants in the transaction over 14 years of age, proxies, guardians and legal representatives of minors. Birth certificate - for parties to the transaction under 14 years of age and its copy; a valid passport of a foreign citizen, a notarized translation and its copy; Other documents that serve as proof of identity. (A driver’s license is not one!) Documents for registering the right to a “secondary” “secondary” » - real estate objects, the ownership rights to which were previously registered in Rosreestr) Second - the documents that form the basis for registration of ownership: Sales contract and transfer deed (deed of acceptance of transfer) in more detail: Deed of acceptance of transfer of an apartment sample or donation agreement, or allocation of shares, or exchange, etc. according to the number of all participants in the transaction, including minors, plus one copy for the Rosreestr archive. If the transaction was certified by a notary, he makes a copy of the agreement for Rosreestr. Court decision (if there was a trial) and a copy certified by the court Receipt for payment of the state duty and its copy (2000.0 rubles for 2021, paid by all acquirers of the right in equal shares, it is important to pay it correctly, more details). To pay state fees, ATMs are installed at the MFC. - documents for alienated real estate: Certificate of state registration of rights (if any, it was not always issued at the BTI) title documents - purchase and sale agreement, act of acceptance and transfer, exchange, donation, privatization. They are listed in the Certificate in the top line as the documents that form the basis of the Power of Attorney, if the authorized person and its copy are in effect. Spouse's consent to the sale and a copy thereof. The spouse's consent to the purchase and a copy thereof are not always necessary. A document confirming the authority of the guardian and a copy thereof A certificate of absence of registered persons, if the apartment was previously privatized and a copy thereof The data of the purchase and sale agreement, gift, exchange must correspond to the data in the Unified State Register of Real Estate. Before submitting documents, get a fresh extract from the Unified State Register of Real Estate (USRRP) and check all the characteristics of the property. Why do this? The point is that now, within the framework of electronic document flow between departments, changes can be made to the Unified State Register (USR) and thus disagreements arise between the register and the documents that you currently have in your hands. If, based on old documents, you allow discrepancies between the data of your purchase and sale agreement and the Unified State Register of Real Estate, the registrar will suspend the transaction and ask you to make changes to the agreement. It takes time. An extract from the Unified State Register can be easily ordered through the partner service of Rosreestr. This way you will ensure a safe transaction. Permission to sell from the Guardianship and Trusteeship Authority, if the alienated property belongs to a minor or incapacitated person and its copy. Confirmation of the notification of the sale of other participants in shared ownership and neighbors in a communal apartment, if they are not involved in the transaction. Marriage certificate, if real estate is purchased as a common joint property or real estate registered as a common joint property is alienated and its copy Loan agreement and mortgage and copies thereof for a mortgage transaction Certificates for the provision of state and municipal subsidies (MSK and others) and their copies Cadastral You don’t need to provide a passport - the registrar has all the information about your property. There is no need to provide a cadastral passport, since the registrar takes information about the property from the State Real Estate Cadastre. BTI documents for Rosreestr To register ownership of a previously (before 01/31/1998) privatized, purchased, acquired as a result of exchange or inheritance of an apartment (house), Rosreestr may require a certificate of ownership from the BTI. Electronic document flow is now being established between these different departments, but this has not happened in all regions. A technical passport is not currently used for registering rights; it does not need to be ordered from the BTI. Documents for MFC for registration of property rights. Receipt (inventory) for acceptance of documents A receipt for acceptance of documents will be given to you by the specialist who accepted them from you. Read it carefully and check that all documents are listed in it. The receipt of documents is important, save it. It indicates the registration period. Specify the place of issue of documents. Attention! The MFC is an intermediary between the applicant and Rosreestr. The only registrar of real estate and rights to it is Rosreestr. The law stipulates 2 days for sending your application and package of documents to Rosreestr. Now you can submit documents to Rosreestr regardless of the location of the property. BUT! If your property is located in another cadastral district, documents must be submitted directly to the Rosreest office, and not to the MFC.
We also additionally inform you that the MFC has been accepting individuals and legal entities since 2021, and as for the bodies of the Ministry of Internal Affairs, the Federal Tax Service, etc., the work will be carried out electronically.
Registration of ownership
If there are no problems with the title documents for the apartment, room and the cadastral passport of the property, you can submit documents for state registration of ownership.
From June 1, 2013, you have the right to choose absolutely any division of Rosreestr within the borders of a constituent entity of the Russian Federation, without reference to the location of your apartment or room. We also advise you to make an appointment in advance; this service is provided by Rosreestr. Depending on the season and workload of a particular department, you will be assigned a queue in 2 weeks - 2 months. In this case, you arrive at a specific time with a ready-made package of documents and do not stand in line.
In the usual option, you must also come to the Rosreestr office and submit documents for registration in a live or electronic queue.
You can entrust this procedure to any person, but for this you must have a notarized power of attorney.
A title document, as well as a cadastral passport of the property in two copies, are submitted for registration. Do not forget that the procedure for state registration of property rights also provides for the mandatory payment of a state duty, which for apartments and rooms is 1,000 rubles.
When registering a share in the right of common shared ownership, the state duty is calculated and paid in a proportional amount. When filling out the information for paying the state duty in the “address” column, indicate not your place of residence, but the address of the location of the property being registered. Follow the same principle when choosing an OKTMO code: You must indicate the code of the area where the residential premises are located, but not the place of your registration, unless, of course, they coincide. Also be prepared to pay an additional 350 rubles. state duties, if your passport and personal data have changed since the last state registration of ownership of any real estate.
A certificate of state registration of ownership of a real estate property can be issued after a different period of time, depending on a number of factors: the applicant’s place of residence, encumbrance with a mortgage, etc. The total period is 14 calendar days. After 2 weeks, you or your principal, using a notarized power of attorney, can receive a certificate of ownership of an apartment or room.
From this moment you officially become the legal owner of your living space.
Alexey Nikolaevich Konovalov , deputy head of the YuriuS legal board (Nizhny Novgorod), member of the Russian Lawyers Association, teacher at the Faculty of Law of the Nizhny Novgorod State University. N.I. Lobachevsky
