An extract on the transfer of rights contains information about persons who have ever owned an apartment or land plot, as well as documents confirming the change of ownership. The history of registration of rights to real estate is stored in the Unified State Register of Real Estate (USRN).
Previously, this information was entered into the register of rights (USR), and the owners were issued paper certificates of ownership. But in 2021, the Unified State Register became part of the Unified State Register, and the certificates were replaced with extracts from the register.
Attention: Data on the transfer of rights to real estate have been entered into Rosreestr since 1998. Earlier data can be found in regional archives - BTI, city administration, and can only be obtained by the owner.
Why is an extract from the Unified State Register of Rights required?
The document will be useful to: the owner, the buyer, the notary and the bailiff. Next, we will consider in what situation an extract may be needed.
To the owner
With the help of an extract from the Unified State Register of Real Estate, you can prove to the buyer that the apartment is your property and conclude a deal faster.
If you plan to receive money or apply for a mortgage from a bank, you will also need to provide information from the Unified State Register of Real Estate about the previous owners of the apartment.
To the buyer
Having received an extract on the transfer of rights before purchasing an apartment, you can make sure that:
- the seller is indeed the copyright holder;
- the contract indicates the same number of owners as in the register;
- there are no encumbrances or restrictions on the apartment;
- owners did not change too often.
This information will help you reduce the risks when buying an apartment.
To the notary
Information about copyright holders is necessary for a notary to formalize a real estate transaction, as well as for:
- division of an apartment during a divorce;
- establishing shared ownership;
- drawing up a will, etc.
To calculate the amount of inheritance tax, a notary can request information from Rosreestr about the cadastral value of the apartment.
To the bailiff
An extract from the Unified State Register can also be requested by a bailiff when it is necessary to establish what property an individual (or legal entity) owns.
Terms and cost of registration
The legislature sets restrictions on the time of registration of ownership of mortgaged real estate. In the case of providing a complete package of documents, which must be completed correctly, the period is 10 days from the date of issuance of a receipt indicating that the necessary documentation has been received. In megacities, the period can be increased to 15 days. Provided that additional information is needed or controversial issues are discovered, then the period can be extended to 30-45 days.
The cost of registering an apartment as a property depends on each specific situation. Registration of a power of attorney for all registered persons by a notary will cost 1,000 rubles for each document.
The state fee for registering property rights will cost 2,000 rubles.
What does the transfer of ownership statement contain?
The extract contains information about all former and current copyright holders and about the documents on the basis of which the right of ownership passed from one person to another.
The document consists of three parts:
- Data about the property: its type, cadastral number and address;
- Registration data: full name of owners or names of legal holder organizations, share, type of right, date and registration number, date and basis for transfer of right (document of inheritance, sale and purchase, etc.);
- Information about the recipient of the statement: full name or name of organization.
How does the registration procedure work?
To register ownership rights you will need a number of documents
.
Required documents
In order to register ownership rights to property that was taken out on a housing loan, you need to provide the following documentation
:
- identity document of the seller and buyer;
- a statement in the prescribed form from the participating parties;
- payment paper indicating payment of state duty;
- PrEP;
- documents provided by the seller for the property;
- collateral paper;
- cadastral passport for housing;
- certificate from the house register;
- a document stating that there is no debt for utility services;
- consent of the board of trustees, if one of the persons owning the alienated apartment is a person under the age of majority;
- consent of the second spouse, certified by a notary. Necessary when housing is joint property.
Where to contact?
When the documents with the bank are completed, you should contact Rosreestr at your place of residence.
Step-by-step instruction
When registering property rights, you need to follow a certain algorithm of actions.
Step 1
Find out which authority you need to contact to register. All information can be found on the Rosreestr website.
Step 2
Preparation of documents. It is recommended to first consult with the registrar, since the package of documents may differ depending on the situation.
In addition, some documents have a limited validity period, so receiving them ahead of time is not recommended.
Step 3
Payment of the registration fee. The procedure can be carried out at any government agency that accepts payments of this kind, or through terminals.
Step 4
Clarification of the order in which documentation is submitted. In queue by appointment and in electronic queue.
Step 5
Visiting relevant authorities and submitting documents. After accepting the documentation, the responsible employee informs you of the date when registration will be completed. If there is a need to provide additional documentation, it is necessary to deliver it and continue the registration procedure.
Step 6
The final stage is entering data into the state. real estate register
.
For new buildings
In a new building, the registration procedure differs in that an agreement for participation in shared construction is concluded, and not a document indicating the act of purchase and sale. That is why this procedure will take place only after construction is completed.
In this case, two options are offered:
- seek the services of a developer;
- register ownership of the apartment yourself.
In the first option, the developer is responsible for submitting documentation to the state register. After the expiration of the registration period, the shareholder can legally become the copyright holder.
The disadvantage of this method is the length of registration, since there are a large number of shareholders, and papers can be submitted in order.
In the second case, when the home buyer independently prepares important documents on his own, he needs to obtain certain documentation from the developer. Namely:
- those. passport for the object, which is registered in the BTI;
- a document confirming permission from the city government to put the house into use;
- deed of transfer, which is signed by GASO;
- cadastral passport of the object;
- a document that confirms the assignment of a postal passport and index to the new building.
When applying to the unified state register, you must provide the papers received from the developer and an agreement confirming equity participation.
For secondary housing
The usual package of papers with the pledge agreement is provided to the registry. A record must then be made indicating that ownership has been transferred. Afterwards, the borrower receives the status of owner, with limited right of disposal.
Having repaid the mortgage, the borrower must bring a package of documentation to Rosreestr, which confirms this, as well as an identification document
For military mortgage
Housing becomes the property of the serviceman. Registration of ownership rights occurs according to the standard scheme, followed by registration in the State RosReestr. Upon completion of the process of registering ownership of the property, the seller is awarded the money.
The only difference between a military mortgage is that the housing is secured not only by the bank that issued the mortgage loan, but also by the Ministry of Defense. When the mortgage is fully paid off, the encumbrance will be completely removed. In the event of early dismissal of a serviceman, the debt to the mortgage bank is paid by the state.
Sale, donation or exchange
In one of these actions, the buyer still has a purchase and sale agreement, a gift or exchange agreement at his disposal.
This is what needs to be submitted to Companies House.
It is important to ensure that contracts are drawn up in compliance with all requirements; it clearly follows from them:
- what kind of apartment is being purchased;
- on what terms;
- who is the seller;
- who is the buyer.
Before signing such an agreement, you must make sure that the transaction is clean and that the seller has no intention of deceiving the buyer.
Along with the contract, it is necessary to sign the acceptance certificate and also submit it to the registrars.
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Inheritance
An apartment can be inherited in two cases: by law and by will.
If the first case occurs, then you need to make sure that there are no other applicants for the apartment, and only then register your right.
The main document here is a certificate of inheritance.
It is issued by a notary 6 months after the death of the testator.
To obtain it, you must submit a will (if there is one) and a death certificate of the previous owner.
Privatization
In the case of privatization, the title document is an agreement on the free transfer of ownership of municipal housing to citizens.
The peak of privatization, of course, has already passed, but registration of such rights is not uncommon.
The agreement will contain information:
- about the number of owners, their data;
- property ownership mode (shared or common)
- citizens who did not participate in privatization, but retained the right to live in an apartment.
List of documents for registering ownership of a house
A minimum document agreement will be needed if you are simply planning to change the owner of a house already registered with Rosrestr. It includes:
- An application drawn up in a strict form. Samples can be found here, but there is no need to prepare anything in advance. At the MFC, the registrar will fill out the form himself, and when working with the State Services website, the form will appear on the screen.
- Owner's civil passport
- Title documents for the house and the plot on which it stands
- Duty receipt
If the procedure for registering ownership of a house involves preliminary cadastral registration, you will also need:
- Cadastral passports of the house and land plot
- Technical plan of the house
- Declaration for all buildings located on the site in addition to the house
- Consent documents signed by the local administration
Other cases
If the apartment was donated, then the registration authority must submit not a purchase and sale agreement, but a gift agreement.
The same applies to the situation if the apartment was transferred under an exchange agreement or assignment agreement.
In any case, you need to provide exactly the document thanks to which the person became the owner of the living space.
If the apartment has been inherited, you must attach a certificate of inheritance.
No other additional documents are needed - neither the permission of the spouse or other owners, nor the resolution of the guardianship authorities, nor the text of the will.
If the contracts are missing (lost or damaged), then it is enough to make an extract from the cadastral documents.
Difficulties arise if cadastral documents are not completed.
In this case, you need to apply for an extract from the household register and issue a cadastral passport at Rosreestr.
The court's decision
If an apartment or a share in it was transferred into ownership by a court decision (for example, a dispute arose over an inheritance and the court divided it equally between all applicants), then the title document will be a court decision or, if the parties agreed during the meeting, a settlement agreement.
Such a document must be registered with Rosreestr.
If a buyer purchases an apartment that was given to the seller by a court decision, then he definitely needs to find out whether the court made other decisions regarding the apartment, for example, an appeal could be filed.
Registration of home ownership: instructions
The easiest way is to register a ready-made house, already registered in the cadastral register, purchased from the previous owner. You must submit an application to Rosreestr, accompanied by title documents and a receipt confirming payment of the fee.
If you need to register a building for the first time, the step-by-step instructions for registering ownership of a house will be somewhat more complicated. But the “dacha amnesty” is still in effect, so a simplified procedure is available. It includes:
- Calling a cadastral engineer who will survey the site and draw up a cadastral plan of the house (cadastral registration is regulated by Federal Law No. 221)
- Registration of a building permit (more recently it has been replaced by a notice of construction)
- Obtaining a technical passport for your home
- Assigning a postal address
- If you need registration, you need to resolve the issue with the local administration
Then the step-by-step registration of ownership of the house is no different from registering other real estate. You need to contact the MFC with a package of documents, or submit them to Rosreestr electronically, through the State Services portal.
The procedure for registering ownership of a house with a mortgage
Since a mortgage is taken out for the purchase of finished houses, the scheme is not much different from obtaining a mortgage loan for an apartment. There are only two significant differences:
- The package of necessary documents includes an additional title document for the land
- The interest rate of loans is slightly higher than for residential mortgages. Banks explain this by the lower liquidity of private houses compared to apartments and the increased risk of damage to wooden buildings (for example, from fire).
The rest of the agreement is standard, as is the registration procedure. EGRN enters the encumbrance of the house into the register until the loan is paid in full
Other types of documents
In addition, there may be other types of title documents depending on how the apartment came into the possession of its current owner:
- marriage contract and agreement on the division of property - when redistributing property of spouses after a divorce;
- agreement on the determination of shares - when joint ownership is transferred to shared ownership;
- mortgage – when collecting collateral in the form of real estate;
- certificate of purchase of an apartment at an open auction - in case of purchasing property at an open auction.