What is the deadline for registering ownership of an apartment through the MFC?

Registration of ownership of real estate - transfer of ownership from the seller to the buyer.

After purchasing a home, the main task is to prepare the documents correctly. A certificate of ownership is the only evidence without which it is impossible to carry out further actions (sale, donation and inheritance of real estate). After receiving an inheritance or deed of gift, a citizen becomes the actual owner of the home. But the house needs to be re-registered immediately. Apartment prices are high, and scammers can take advantage of your lost time by depriving you of your treasured property.

The period for registering ownership of a purchased apartment in Rosreestr in 2021 was reduced by 2 times. What this is connected with and how long it will take to obtain housing, we will consider below.

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.

How to register a property in the cadastral register

The procedure for registering a real estate property with the state cadastral register, along with registration of rights, allows the state to recognize the property as the legal property of the owner. And it gives him the opportunity to freely dispose of his land, house or apartment: sell, inherit and make other property transactions.

In order to register a house, apartment or land plot in the cadastral register, the owner of the property (or his legal representative) must adopt the following procedure. Prepare a package of documents. Apply to the offices of the Cadastral Chamber or the MFC, since the procedure is of an application nature. Upon completion, receive a document certifying the registration of the property with cadastral registration.

The package of documents that the applicant needs to provide to provide the service is not large. But it includes those that will require timely preparation and assistance from a specialist - a cadastral engineer. Here is the main list of documents:

1. Technical plan - if a citizen intends to register a capital construction project (CCF): a building, structure, premises, an unfinished construction project. Boundary plan - if a land plot is being prepared for cadastral registration.

To create and execute these documents, it is necessary to conclude a contract with a cadastral engineer who has a valid qualification certificate.

2. Application for state cadastral registration.

It can be submitted either by the owner himself or by any other person. 3. Identity document of the applicant.

You can submit an application and a set of documents for registering a property with a cadastral register in different ways: - by mailing notarized documents with a list of attachments and a notification of delivery to the office of the Cadastral Chamber;

— when contacting in person the offices of acceptance and issuance of documents of the Cadastral Chamber or MFC; - in electronic form on the Rosreestr website in the “Public Services” section with the attachment of the necessary documents signed with a personal electronic signature. You can obtain it from any accredited certification center. Their list can also be found on the Rosreestr portal. State cadastral registration is free of charge. The terms of service provision are 10 working days, in electronic form - 5 working days.

It should be noted that there are more and more people in our region who want to register real estate without leaving their home. The number of requests for this electronic service, which saves time and speeds up deadlines, has increased 3 times this year: in the first half of 2015, citizens submitted 1,882 applications electronically to the Cadastral Chamber of the Novgorod Region, and in the same period in 2021 - already 5291.

In addition, the department’s portal offers another convenient online service for both advanced users and adherents of conventional methods of filing documents - “Checking the status of a request.” With its help, each applicant who decides to register their property with the cadastral register can track the stages of consideration of their application on the Rosreestr website.

Registration deadlines

The time frame for registering ownership of an apartment in previous years was 3 weeks (up to 18 working days). After the new new law came into force, the registration time was halved, but the process of obtaining a certificate for different cases (mortgage, new building, purchase and sale of secondary housing) is established differently.

Terms for purchase and sale

A sales contract is proof of the transfer of real estate from the seller to the buyer immediately after it is signed by both parties. Ownership changes automatically. It is officially confirmed by a special certificate.

The process lasts 7 working days.

Deadlines for donation

Execution of a deed of gift and registration of a certificate are equivalent to a sale and purchase. Unlike the previous transaction, the participants enter into an agreement among themselves in which one gives property in favor of the other or by will. In this case, no material rewards are provided.

During the same period of time, housing is exchanged and shares are registered.

Deadlines for housing cooperatives

ZhSK is a housing construction cooperative that provides citizens with apartments in new buildings. But the owners of the property are shareholders who make timely contributions to the construction of the house. This is confirmed by a certificate issued by the structure confirming the transfer of real estate to the shareholder-buyer. With the certificate issued by the cooperative, you must contact Rosreestr, where the registration of legal authority for this type of housing will begin. The registration time for registering property is delayed by a month.

Buying an apartment with the participation of building cooperatives is risky. Some of the shareholders will want to leave the housing cooperative or will not be able to pay their share of the money. Then the construction of an apartment building will stop or go bankrupt. It will not be easy to return the funds invested in an apartment building.

Mortgage terms

Mortgages have become an integral part of our lives. Purchasing a home with its help has its nuances. You will receive ownership quickly, but you will not be able to completely dispose of the property. It is pledged to the bank until the loan is fully repaid.
After paying the funds to the mortgagee, the buyer is forced to submit documents again to the Federal Authority, where the encumbrance on the living space is removed, and the owner is given full rights to it. Registration takes 5 working days. If the buyer has the mortgage agreement certified by a notary, then the term for concluding the transaction is reduced to 3. A certificate of receipt of property is issued in 1 day if the documents are submitted to the registry office electronically.

Terms for maternity capital

Issuing a maternity capital certificate to women encourages them to purchase housing. The amount of capital may not be enough to purchase property, but it will be enough as a down payment for a mortgage. Registration lasts from 1 to 5 days, as with a mortgage.

After drawing up a purchase and sale agreement, which necessarily notes the purchase of a house using family capital with an additional payment (or without it), a package of documents is sent to the registration chamber. They are considered for 5 days. The additional payment for housing must be transferred to the seller immediately. And the money on the certificate will not arrive in the account soon. They are transferred within two months: in the first, the Pension Fund reviews all provided certificates, a certificate of capital, copies and originals of papers, in the second, the funds are transferred to the seller’s bank account (from 10 to 30 days).

For two months, the housing is secured by a federal agency, as is the case with a mortgage.

Deadlines for individual construction

Building your own home is a costly and lengthy process, but relevant in our time. The authority for real estate has not yet been recorded in the Federal Registration Service, so initially it must be registered with the Cadastral Chamber.
Certificates of land ownership and permission to build a house are provided. Cadastral engineers draw up a technical plan for the house. After completing the necessary actions, registration and assignment of a cadastral number occurs. The procedure is carried out within 5 working days. The paperwork stage moves to the Register, where the property is assigned. The period for reviewing submitted papers should not exceed 10 working days.

Payment of the state fee for registration with the Cadastral Chamber is not provided.

Non-transferable housing

In 2015, the plaintiff bought an apartment in a building under construction in Kotelniki near Moscow. In 2021, the house was built, but it was not registered in the cadastral register. “The developer was mired in debt and did not provide the necessary documents to Rosreestr. Subsequently, he was declared bankrupt,” explains Alexandra Obryvko, a member of the Russian Lawyers’ Association. The buyer appealed to the court, which recognized her ownership of the apartment. However, Rosreestr refused to register this right. First of all, because there was no cadastral number for the house. The woman had to go through several trials until, finally, the Supreme Court sided with her and ordered Rosreestr to register the apartment in the cadastral register and register property rights.

The legislation on shared-equity construction does not stipulate the customer’s obligation to register apartments in the building with cadastral registration, and the deadlines for completing this procedure are not specified, the lawyer notes. For a number of houses, the developers did not provide the required documentation, and the authorized bodies were deprived of the opportunity to independently submit the necessary set of documents for registering the property with the cadastral register. At the same time, according to the law on state registration of real estate, it is impossible to register a separate apartment in the cadastral register without registering the entire house.

The problem is that the developer’s obligations to the shareholder are considered fulfilled from the moment the apartment transfer and acceptance certificate is signed, notes Andrey Tyutyunin, president of the Right to Protection RPO. And you can sign this act after putting the house into operation and before it is registered in the cadastral register. That is, the developer receives permission to open the house, transfers the apartments to the shareholders - and he doesn’t owe anything else. People receive apartments and can move into them, but they cannot register their rights with Rosreestr. This means that they cannot sell their home, receive a tax deduction, or otherwise dispose of this property. Shareholders of some residential complexes cannot obtain ownership of apartments for several years, adds Tyutyunin.

This problem is being solved by a bill that was submitted to the State Duma and was already adopted by the parliament in the first reading in the summer, Rosreestr told RG. Amendments to the law on state registration of real estate propose to establish that an apartment building can be registered with the state cadastral register, including at the request of a participant in shared construction. The owner of the apartment, the owner of the parking space, the representative of the owners authorized by the decision of the general meeting of owners or shareholders will also have this right.

Rosreestr is currently preparing draft amendments from the Russian government to this bill. Recently, the Public Chamber of the Russian Federation supported the bill with a number of comments.

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:

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.

The house is being put into operation. What's next?

You participate in shared construction, and the house is about to be put into operation. However, before moving into a new apartment, a number of procedures still need to be completed. If you know what the developer needs to do and what you need to do, you can quickly celebrate the housewarming.

Registering the apartment and the right to it

After putting the house into operation, within twenty-five calendar days, the developer is obliged to provide you with a final calculation of the cost of the apartment. When you have paid the cost in full, contact the developer for documents for state registration of the right to the apartment. He must transfer all the necessary documents to you within two days from the date of application <1>.

Within three months after receiving the documents, you are required to register the creation of the apartment and the right to it <2>. To do this, you need to contact the local bureau of the agency for state registration and land cadastre.

To register the creation of an apartment, you will need the following documents <3>:

- statement. It is usually compiled by the registrar when accepting documents;

— passport or other identification document;

— a document confirming payment of the registration fee;

On a note!

The fee for registering the creation of an apartment is 0.5 basic units.

— technical passport for the apartment <4>. If it is not provided, the registrar independently requests it <5>. You will have to pay for the production of a registration certificate.

To register ownership of an apartment you need to provide <6>:

- statement. As a rule, it is compiled by the registrar himself when accepting documents;

— passport or other identification document;

— a document confirming payment of the registration fee.

On a note!

The fee for registering ownership of an apartment is 0.5 basic units.

However, to carry out this procedure you will also need <7>:

— a certificate from the developer confirming that the construction of the apartment was carried out at your expense;

- information from OJSC Savings Bank Belarusbank about the concessional loan provided for construction, indicating the number and date of conclusion of the loan agreement, the amount of debt under the loan agreement at the time of issuance of the certificate and the loan repayment period - if the apartment was built using a concessional loan;

— information from OJSC Savings Bank Belarusbank on early repayment of a preferential loan, indicating the number and date of conclusion of the loan agreement, the date of early repayment of the loan - in case of early repayment of a preferential loan after May 31, 2012.

If you do not provide these documents, the registrar will independently request them.

Documents for registering the creation of an apartment and ownership of it can be submitted simultaneously.

Note!

After registering an apartment, you become its owner, but, as a rule, you cannot move in yet.

We accept an apartment

The transfer of the apartment to you for possession and use occurs after you register the ownership of it <8>.

Note!

The apartment can be transferred to you even before registering ownership of it. However, not before paying its cost. In this case, the right to an apartment is formalized by a lease, lease, gratuitous use agreement or other agreement that provides for the transfer of ownership and use of the apartment to you, and also determines its quality characteristics <9>.

If you have paid for the apartment in full, the developer transfers it to you regardless of the presence of shareholders in debt.

The developer is obliged to deliver an apartment whose quality complies with the terms of the contract, technical regulations, design and other documentation and other mandatory requirements. The apartment, as well as the keys and documents for the installed equipment, are transferred according to the transfer and acceptance certificate (hereinafter referred to as the certificate) <10>.

Before signing the deed, we recommend that you carefully inspect the apartment.

On a note

You can involve third parties in accepting the apartment. In particular, take a qualified specialist with you.

All shortcomings and inconsistencies in quality that you discover during the acceptance of the apartment must be reflected in the annex to the act. The act also indicates the period within which the developer undertakes to eliminate the listed comments <11>. The act is drawn up in two copies: one remains with the developer’s representative, the other with you. There are two signatures on the documents: yours and the developer’s.

Note!

As a rule, you will be able to move into the apartment only after signing the deed.

If the shortcomings are significant

In addition to simple deficiencies, when accepting an apartment, significant violations of its quality may be discovered. These are violations that lead to a deterioration in the quality of the apartment so much that it cannot be used in accordance with its purpose <12>. For example, ventilation does not work, pipes are clogged with debris and cement mortar.

If the apartment was built with a significant violation of quality, you, at your choice, have the right to demand from the developer <13>:

- eliminate deficiencies free of charge within a reasonable time. This period cannot be more than three months, and for single-apartment residential buildings - six months, provided that the developer has the ability to carry out the work in accordance with technical regulations;

Note! The period for eliminating deficiencies begins to count from the date the parties sign the list of comments to the apartment acceptance certificate.

— reimburse your expenses for eliminating deficiencies, including if the developer did not eliminate them within the agreed time frame;

- terminate the contract and return the money.

If you decide not to sign the deed due to shortcomings of the apartment, then make a corresponding mark on it. For example, “I refuse to sign the acceptance certificate due to the presence of violations in the quality of work in the apartment.” In the appendix to the act, indicate the shortcomings.

Additionally, we recommend writing an official letter to the developer. In it, indicate that the act was not signed due to the presence of shortcomings, list them and state your requirements.

Note!

You have the right to demand that the developer eliminate free of charge any defects in the work that appeared during the warranty period <14>.

If the developer refuses to eliminate the shortcomings, you can go to court to protect your rights.

Necessary documents for registration of housing

List of papers:

1. Application for re-registration of property (the form is provided at the MFC or Rosreestr).

2. Contract of sale or gift, exchange, inheritance, share, privatization.

3. Permission to build housing, acts confirming the legality of the land plot, technical passport and cadastral plan (for individual construction).

4. Personal passports of the parties to the transaction.

5. 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.

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.

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.

Deadline for registering ownership of an apartment under a shared participation agreement

The legislation establishes a 7-day period (clause 1 of Article 16 of Federal Law No. 218), during which employees of the registration service are required to register ownership of any real estate, including an apartment acquired under an equity participation agreement. Within the specified period, the following actions are carried out in general order: · acceptance of an application for state registration of rights; · legal examination of submitted documents, · verification of their authenticity, the legality of this transaction, · identification or exclusion of circumstances that impede the registration of ownership rights to a given property; · entering the necessary information into the Unified State Register of Real Estate (USRN); · issuance of documents with a registration inscription on an agreement or other title deed (in the future, if necessary, the owner can receive an extract from the Unified State Register of Real Estate for his property, which is issued when applying to Rosreestr or the MFC from the beginning of 2021). It is important to know that the period is calculated in working days and is counted from the day the documents are submitted for registration. Often this deadline is not met, and this may be due to the verification of the documents provided, or depend on the number of owners of the purchased property, the availability of a mortgage loan and other factors. In this case, in order to comply with the legality and validity of such violations of the deadline in paragraph 2 of Art. 26 Federal Law dated July 13, 2015 No. 218-FZ provides for a 3-month period for suspending the registration of rights to eliminate the 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.

Conditions for registering ownership of an apartment under a shared participation agreement

After completion of construction work, the developer company must perform a number of actions to ensure that buyers are able to register their rights to apartments purchased under an equity participation agreement: · drawing up a protocol on the distribution of residential premises and commercial space (if the building has shops, offices or other non-residential premises); · registration and receipt from the BTI of a technical passport for the constructed building, which indicates the number of floors and layout of the house, its total footage and the footage of each individual apartment and other premises; · signing an act of acceptance and transfer of the property and obtaining permission to put it into operation, issued by the relevant authority; · registration of a residential building with Rosreestr; · assigning him a postal address.