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In order to dispose of acquired real estate, it is not enough to formalize a purchase and sale agreement or share management agreement, or to receive property by will or as a gift. According to the law, you can become an owner only after making a record of the transfer of ownership in the Unified State Register of Real Estate. The peculiarity of acquiring real estate is that a certain period of time passes between the signing of the document providing the basis for the transfer of ownership rights and its direct registration with a government agency.
While waiting, the buyer’s interests are protected by law, because there is a risk that the seller will be dishonest and refuse to appear for registration of the transfer of ownership. When concluding a transaction for the alienation of real estate, you need to prepare for any situations and clearly know your rights and obligations at each stage of the transaction.
How to reduce personal income tax when selling real estate?
Based on paragraph 5 of paragraph 1 of Article 208 of the Tax Code of the Russian Federation and paragraph 1 of Article 224 of the Tax Code of the Russian Federation, an individual who sold an apartment, house, land plot or shares in the specified real estate is obliged to pay 13% of the income received to the budget. However, there are benefits that will reduce tax amounts. Thus, when selling real estate that has been owned by an individual taxpayer for more than three years, there is no need to pay tax at all (clause 17.1 of Article 217 of the Tax Code of the Russian Federation), just as there is no need to fill out the corresponding tax return (clause 4 of Article 229 of the Tax Code of the Russian Federation). However, in this case, it is important to correctly determine the period of ownership of the property. As a general rule, it is determined based on the date of registration of ownership of property or a share in it (clause 1 of Article 131 of the Civil Code of the Russian Federation, clause 2 of Article 223 of the Civil Code of the Russian Federation), indicated in the certificate of state registration. For a land plot, the period of its ownership by an individual is determined from the moment of registration of the right to a new plot obtained as a result of dividing the original one (Letter of the Ministry of Finance of Russia dated December 17, 2013 N 03-04-07/55742). If the property being sold was received by inheritance, then in order to determine the period of ownership, it should be remembered that the right of ownership arises from the date of death of the previous owner or from the moment of registration of rights to the property, if the right of ownership to the common property arose after the death of the spouse/shareholder. For real estate acquired with the participation of the taxpayer in a housing construction cooperative, the period of ownership is calculated from the moment of payment of the share contribution in full or the date of transfer of the real estate under the acceptance certificate, if this occurred later than the full payment of the cost of the real estate.
Where to register property rights
To register real estate, you must contact Rosreestr at the location of the property or the MFC. If you wish, you can register in the ESIA system, receive an electronic qualified enhanced signature and submit documents electronically.
When submitting documents for the transfer of rights, the former and potential owners must be present.
If the presence of the parties is impossible, their interests can be represented by citizens acting on the basis of a notarized power of attorney. If a transaction is subject to notarization, then by default the notary carries out state registration of property in person (from February 2021).
Accepting the change
Since January 2021, in the territory of the Russian Federation, by decision of the Ministry of Economic Development, a unified state real estate register (USRN) began to operate.
It combines the usual cadastral database and the register of property rights (USRP). In connection with this, the establishment of objects for state registration and the registration of rights to them is handled exclusively by Rosreestr. Thus, government agencies were able to carry out their work faster, and individuals and legal entities can now complete all the necessary procedures in the same body. In turn, there is no longer a need to collect different packages of documents for interdepartmental structures, contact first one, and then a month later another. Everything is done simultaneously and in a very short time.
Information from the Unified State Register will not be deleted even after it ceases to be relevant. All changes are reflected, and the corrected data remains in the database. Any interested person who has paid the state fee has the right to request information. Some confidential information is available only to owners of apartments, land or other real estate, as well as government agencies for good reasons.
Bottom line
The transfer of real estate from the seller to the buyer is carried out in Rosreestr. You can prepare all the necessary documents at the MFC or the Registration Chamber. After paying the state fee, the papers are accepted for consideration. The period for issuing a certificate varies and depends on the case of the transaction, but it should not exceed 10-12 working days. During this time, Registry employees verify the authenticity and legality of the transaction. The issuance of the certificate may be suspended, in which case the period increases from 3 to 6 months. After successful completion of the transaction, all information is entered into a single real estate database, and the buyer is issued a certificate of ownership.
As it turned out, there are no difficulties in terms of registration and timing. But don't rush to buy or sell a home. Study the information in Rosreestr about the registration procedure to avoid unpleasant situations later.
Where to apply for registration
Once you have decided on the purchase of a home and reached an agreement with the seller, there are several organizations where you can legally formalize the transaction.
Documents are submitted to:
- local branches of the Federal Registration Service (Rosreestr);
- offices and reception areas of Rosreestr;
- multifunctional;
- notary offices;
- Registry website (via the Internet).
Other registration methods:
- Notarized copies of documents are sent by mail to the Federal Registration Service;
- electronic documents are sent to the State Services website;
- order a specialist to your home.
Necessary documents for registration of housing
List of papers:
- Application for re-registration of property (the form is provided at the MFC or Rosreestr).
- Contract of sale or gift, exchange, inheritance, share, privatization.
- Permission to build housing, acts confirming the legality of the land plot, technical passport and cadastral plan (for individual construction).
- Personal passports of the parties to the transaction.
- Receipt for payment of state duty.
This list can be supplemented depending on the case of the transaction (mortgage, maternity capital, etc.).
Additional documents:
- power of attorney addressed to the representative from the transaction participant;
- spouse's consent;
- certificate confirming the absence of people registered in the apartment.
The full list of required documents must be clarified at the place of application. It may vary slightly in each region.
Innovations in the law
In 2021, a unified database of real estate rights (USRN) was created. This is a repository of real estate information.
The Office of the Federal Registration Service (UFRS), called the Register, carries out the transfer of property and determines the procedure for the technical data of housing. Changes have occurred again in 2021. Their goal is to reduce paperwork, transfer government services to electronic format, and reduce the risk of fraud in the housing market.
Citizens receive cadastral and registration certificates:
- in 10 days. Of these, 5 days are allocated for studying papers;
- in Rosreestr, regardless of place of residence;
- in two forms - traditional and electronic. With the first, paper documents must be submitted in person to the Register, with the second - through the State Services website;
- without your knowledge. The Registration Chamber, based on the relevant notifications of the court decision, has the opportunity to make changes independently, without informing the owner.
Registration through MFC
Most often, the procedure for buying and selling real estate is carried out by multifunctional companies.
But contracts are not drawn up here. The MFC is only an intermediary between the Register and the parties to the transaction. Comparative characteristics of the services provided by the MFC and Rosreestr are presented in the table:
| Multifunctional Center | Rosreestr |
| Flexible work schedule (Monday to Saturday from 8 to 20 hours without lunch break) | Open Monday to Friday from 9 a.m. to 6 p.m. with a lunch break |
| Payment of state duty on the spot | Payment at ATMs outside the ward |
| Uses distinctive details to pay tax | MFC does not accept documents after paying the fee at Rosreestr |
| The registration procedure is not communicated to the participants of the transaction | Detailed information provided |
| Registration period - 12 days | Registration takes 10 days |
| All copies of documents are made by employees themselves free of charge. | Rosreestr will send you to make copies at the nearest copy center |
| Applying for certificates to the MFC only at your place of residence | It is also possible at the actual address |
| The authenticity of documents is not checked, but only their presence is recorded | Authenticity examination is being carried out |
To avoid mistakes often made by MFC employees and to increase the period for reviewing the deed of title, you can contact a notary, who will provide the completed papers to the Registration Chamber.
How has the issue been resolved?
Most of the population's problems are related to ignorance of their rights and current laws. This significantly frees up the hands of fraudsters and complicates the lives of citizens.
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As for state registration, it is primarily regulated by Federal Law No. 122, which considers state registration of proprietary rights to real estate and transactions with it. Some basic norms are also reflected in the first and second parts of the Civil Code of the Russian Federation. In addition, answers can be found in such regulations as:
- Current Housing Code of the Russian Federation;
- Federal legislation regarding assistance for the development of housing construction (Law No. 161-FZ);
- Federal legislation regarding participation in shared construction of residential buildings and other real estate (Law No. 214-FZ);
- Code of Administrative Offenses of the Russian Federation (administrative offences).
The very step-by-step instructions for registering property in Rosreestr, which is entrusted with this responsibility, are recorded by the Federal Service in paragraphs of the Administrative Regulations. The Ministry of Economic Development has completely transferred the register work to this body.
Terms of suspension and renewal of state registration of rights
Suspension or refusal of registration occurs for a variety of reasons. The registrar has 55 reasons for this (Article 26, Federal Law-218). An additional point of termination of work may be statements by the parties to the transaction themselves.
The registrar may suspend consideration of the transfer of real estate to another party to the transaction for up to 3 months. If an application is received from any participant in the transaction, then up to 6 months.
Deadlines for renewal of state registration
After eliminating the reason for the delay in issuing the certificate, the Registration Chamber continues to consider business papers immediately after a similar application from one of the parties to the contract. The processing time starts again and lasts up to 10 days.
Methods and time spent
Registration of state registration of ownership rights to real estate requires the provision of information to Rosreestr. There are several ways to submit it:
- Submit an application and documents to the territorial office of Rosreestr in person or through an authorized representative (with the appearance of all parties to the transaction, if it is involved);
- Handling the same package of papers to any Multifunctional Center;
- Sending by mail copies of documents and applications certified by a notary with a list of attachments and return notification;
- Submitting a request through the Rosreestr website or the public services portal;
- Order a specialist visit (for a fee).
Regardless of the method of submitting the application, the information will be sent to Rosreestr. Accordingly, if you submit documents directly, registration will happen faster. If you send a letter, you will have to wait much longer, taking into account the delivery time one way and back. At the same time, you should be aware of some changes that have occurred in the information system responsible for real estate and rights to it in Russia. Despite the fact that essentially nothing global happened, something fundamentally changed.
