Suspension of state registration of property rights in 2021

Suspension of registration of ownership of an apartment, plot or other real estate is permitted only on the grounds specified in Law No. 218-FZ. Registrars are required to indicate such reasons in the notification sent to the applicant. The algorithm of actions after a decision on suspension is made depends on its grounds. In most cases, it is necessary to submit new or additional documents and eliminate violations. If the decision of Rosreestr is obviously unlawful, you can file a complaint.

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Read in the material why the registration of ownership of an apartment or other object may be suspended, how long the procedure may be postponed, how to eliminate violations or file a complaint.

What is suspension of state registration of property rights

The process of registering rights to real estate is described in Law No. 218-FZ (). Rosreestr registrars and applicants must follow it. Registration can be carried out in relation to a new object, or when transferring rights following transactions. Based on the results of reviewing the documents, one of the following decisions may be made:

• on registration of rights, entering relevant data into the state register of the Unified State Register of Real Estate;
• about the return of documentation to the applicant, the registration procedure cannot initially be carried out through Rosreestr;
• about the suspension of state registration to eliminate deficiencies and violations;
• on refusal of registration if the applicant has not eliminated the reasons for suspension within the prescribed period.

The registration process in Rosreestr is open. This means that information about the reasons for return, suspension or refusal must be communicated to the applicant, reasoned and justified with references to the law. Accordingly, the applicant can eliminate the reasons for the suspension of registration of ownership of an apartment, plot or building, or file a complaint about illegal actions.

Expert commentary. The registrar is obliged to make one of the above decisions within the time limits specified in Art. 16 of Law No. 218-FZ. Registration is given 7 days when applying directly to Rosreestr and 9 days when submitting documents to the MFC. If cadastral registration is carried out simultaneously, the deadlines will be 10 and 12 days, respectively. It is during the specified period of time that the registrar must make a decision on the documents received.

Approximate block diagram of cadastral registration and registration in Rosreestr. One of the possible stages of the procedure is the suspension of registration.

What are the consequences of suspending state registration of rights to real estate?

Suspension of registration of a right automatically extends the total duration of the procedure. This means that the owner of the property will not be able to dispose of it, and further completion of the transaction will be delayed. Even more serious problems may arise. If the violations listed in the notice of suspension of state registration of rights are not corrected, a refusal decision will be made. In such circumstances, you will have to go through the entire procedure again, or refuse the transaction.

An incomplete package of documents has been submitted for registration

In many cases, copyright holders do not submit all the necessary documents for registration. Then the registration is suspended, and the parties have to submit missing documents. If the seller changed his last name, and one last name is indicated in the extract from the Unified State Register or in the certificate of ownership, but he already has another in his passport, they will be asked to attach a marriage certificate to the standard package of documents.

If the transaction involves minor children, their birth certificates will be needed. You can find out exactly what documents are needed for registration in each specific case on the Rosreestr portal (www.rosreestr.ru). In the “Life Situations” section, you need to select the object you are interested in (“apartment”, “residential building”, “land plot”) and the required action (“purchase and sale”, “donation”, “inheritance”), after which a window will appear with a list of necessary documents for registration, registration deadlines and the amount of state duty. In addition, Rosreestr specialists provide consultation on the package of documents via a single reference phone number 8-800-100-34-34.

But if the parties have not paid the state registration fee, the documents will simply be returned without consideration. The same applies to cases where the duty is not paid in full. If the amount is less than required, the money will not be lost; you can return the paid state duty, but for this you will have to write an application.

Registration suspension period

The delay in registering property rights can be up to three months. The exact timing of the suspension depends on the grounds for issuing the decision. Here is what is said on this issue in Art. 26 of Law No. 218-FZ:

• on most grounds regulated by Article 26 of Law No. 218-FZ, the procedure can be suspended for a period of up to 3 months;
• if registrars have not received information requested from other structures and departments, suspension is allowed for up to one month;
• If the inspection reveals that state registration is impossible due to arrests, prohibitions and encumbrances, the suspension will last until such grounds cease.

During the three months that the procedure is suspended, the parties may lose interest in completing the transaction. This will result in lost profits or direct damage. If registration of rights to a new object is suspended, losses will consist of the impossibility of normal operation, sale or rental of real estate.

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Expert commentary. In Art. 26 of Law No. 218-FZ regulates the maximum permissible periods for suspending the registration of property rights. But the registrar may indicate a shorter period. This depends on the characteristics of the registered rights and the nature of the violations.

Suspension of state registration. Questions to the expert.

Soloviev Petr

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

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Question to the expert

How can I find out about the suspension of registration if I have not been notified by Rosreestr?

You can contact the Rosreestr registrar in person, or send a written request. A response to an appeal must be given within 14 days.

What is better is to appeal the notice of suspension. or start eliminating violations and claims of Rosreestr?

It depends on the grounds for suspension and the nature of the violations. If it is enough to present one document, there is no point in filing a complaint.

Is it necessary to pay the state fee again if the violations have been eliminated and we ask to restore the registration?

No, the state fee is paid for a single registration procedure. There is no need to pay additional duty.

Hello! Can a suspension be made retroactively if registration has already been completed?

No, they can't. Only invalidation of a registration record is allowed, but for this, interested parties must go to court.

Refusal of state registration of property rights

Termination of registration in the cadastral chamber is possible only in a situation where a decision was made to temporarily suspend registration, and the causes that led to it were not eliminated according to the deadlines specified in the law (Article 27, Federal Law-218). If the provoking factors are eliminated, the registration procedure is resumed.

Removing the suspension involves the implementation by interested parties of those activities that initially did not suit the registrar and caused the suspension of the transaction. This may include adding missing documentation, clarifying the information specified in it, and much more.

When is it permissible to suspend registration of property rights?

You can find out why the registration of property rights was suspended from the Rosreestr notification. The registrar can only indicate those grounds that are expressly stated in Art. 26 of Law No. 218-FZ. If other reasons are reflected, the actions of the Rosreestr specialist can be appealed. You can get help in eliminating violations or appealing suspensions from our company.

According to the application

State registration may be suspended by decision of an official of Rosreestr. At the request of the applicants (owner, parties to the transaction), only termination of the registration procedure is allowed. This is stated in Art. 31 of Law No. 218-FZ. If you submit an application to Rosreestr to suspend registration actions, it will not be satisfied.

The procedure for terminating the registration of rights or a transaction is as follows:

• All applicants are required to submit an application (suspension of a transaction in Rosreestr based on a unilateral application from the seller or buyer is not allowed);
• if documents for registration were submitted through a notary, the same method is used when applying to terminate the procedure;
• if registration actions are carried out at the request of the bailiff, i.e. within the framework of enforcement proceedings, termination of the procedure is allowed only by a judicial act.

Termination entails the return of documents. Accordingly, no information is entered into the Unified State Register.

One of the grounds for suspension is the ban on registration actions imposed by the bailiff.

Grounds for suspension of state registration of rights

In Art. 26 of Law No. 218-FZ lists 63 grounds for suspension of registration of property rights. Most of them are associated with registry or technical errors that arise when drawing up boundary plans and technical plans. For this reason, we recommend that you carefully consider the choice of cadastral engineers. Our company employs only experienced and qualified specialists, whose documents successfully pass registration and state registration in Rosreestr.

Here are the most common reasons for the suspension of real estate registration that citizens or organizations may encounter:

• lack of rights to the object, authority to make a transaction or sign documents;
• identification of inconsistencies and contradictions with registered rights;
• lack of mandatory documents, without which registration is impossible;
• identification of counterfeit documents and unreliable information;
• the presence of arrests, prohibitions and encumbrances that make registration actions impossible;
• recognition of a transaction or regulatory act as invalid by a court decision;
• lack of notarization of documents, if this is a mandatory requirement of the law;
• registry and technical errors in documents and information;
• absence of signs of isolation and isolation for newly created premises;
• many other reasons.

Rosreestr is obliged to justify and justify the suspension. To do this, the notification indicates the essence of the violation with reference to the rule of law. Notification is always in writing and sent to applicants.

Expert commentary. There may be cases when the registrar identifies several circumstances and reasons for suspension. They may be indicated in one notification. The period of suspension of registration of property rights cannot be increased if Rosreestr has identified several specified reasons.

If the grounds for suspension are eliminated, the applicant will receive an extract from the Unified State Register of Rights with registered rights.

When can registration be refused?

Registration will be refused if the applicant has not eliminated the grounds for suspension or violated the elimination deadline. Therefore, Rosreestr cannot immediately issue a refusal decision. If you are faced with refusals, although there was no suspension previously, you can immediately file a complaint against the actions of the registrars.

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Expert commentary. Cases when Rosreestr allows violation of registration deadlines occur quite rarely. The mechanism of interaction between registrars and applicants and other structures is explained in many letters and instructions. If the deadlines are violated without issuing notices of suspension, this is grounds for filing a complaint.

Is it possible to appeal a refusal?

You can file a complaint in accordance with Article 8.1 of the Civil Code of the Russian Federation and Article 12 of Federal Law No. 218.

The jurisdiction rule works like this:

• if the plaintiff is an individual entrepreneur or a legal entity, then the claim is filed with the Arbitration Court at the location of the registration authority;
• an individual files a claim in the district court at the location of Rosreestr, where the documents were submitted.

The statute of limitations for such cases is three years – both for legal entities and individuals. But, even if the deadline for filing the application is missed, the court will still accept it for consideration. In this case, a preliminary meeting will first be held, at which the plaintiff will have to justify the reason for the untimely application.

Sample claim

The claim can be written in the following format:

1. Court name, address.
2. Full name of the plaintiff, his passport details.
3. Information about the defendant: address and name of the registration authority that refused registration, full name of the official.
4. Data about third parties, if any are declared during the process.
5. Description of the circumstances of the case: when and for what transaction the documents were submitted, for what reason they were refused.
6. Claim.
7. List of documents attached to the claim.
8. Date and signature.

Such appeals to the court are subject to a state fee, the payment receipt of which must be attached to the claim.

How to find out the reason for suspension

To determine what to do after suspension in Rosreestr, you need to know the reasons for the decision. In particular, when filing complaints, you must always provide references to the rules of the law, to evidence of the legality of your actions. Without knowing the reasons for the suspension, this is impossible to do.

Notice of suspension of registration of property rights

Rosreestr sends a notification of suspension of state registration to all applicants. This will be done by mail, or through the electronic services of State Services and Rosreestr. If the failure to eliminate the reasons is due to improper notification, it is necessary to file a complaint with the court. You can contact the registrar yourself if the legal deadline for the registration procedure has passed. If a notice has already been issued at this point, it will be issued in person.

The registrar's notice discloses the reasons for suspending registration.

Procedure for suspension by the applicant

If an applicant needs to suspend state registration, he can do so at any time after submitting documents. The application is submitted to the multifunctional center, Rosreestr or online through the State Services portal.

The form of the application is not established; it can be drawn up arbitrarily. It indicates the reasons (reasons) and the time required to eliminate them.

Attention! State registration can be suspended only once.

There is no fee for suspending registration.

In some cases, one application will not be enough. Art. 30 obliges all parties to the transaction to submit applications when selling an apartment if it is under mortgage. The suspension procedure occurs only upon a joint application of the parties to the transaction - the bank and the owner of the apartment. The written consent of the bank is attached to the application.

What to do if registration of property rights is suspended

We will analyze the mechanism of action of the applicant if Rosreestr has suspended the registration of property rights. There is no point in filing a complaint if the registrar's decision is fully consistent with the law. It is often easier and faster to eliminate the violation by submitting additional documentation and information. Resumption of registration of property rights after suspension is formalized by a separate decision.

Elimination of grounds

Having received a notification from Rosreestr and established the reason for the suspension, it is necessary to begin eliminating the violations. The following actions may be required:

• production of new boundary or technical plans if errors and inconsistencies are identified in the initially submitted documentation;
• elimination of registry errors, including regarding border coordinates;
• proper execution of powers of attorney for representatives of the parties;
• removal of bans, arrests and encumbrances through the court or the FSSP;
• changes to contracts if violations of the law are revealed;
• submission of missing documents.

To eliminate the reasons for the suspension of registration of property rights and continue the procedure, contact our company. Our specialists know what points registrars pay attention to and how to quickly remove claims from the registry office.

What violations do you need to correct to renew your registration?

Submit additional documents

75.61%

Rework technical or boundary plans

18.29%

Submit a power of attorney or documents confirming the authority of the representative

6.1%

Votes: 82

Appealing the decision

A complaint about the suspension can be filed with the court or with a higher official of Rosreestr. Possible reasons for appeal:

• if Rosreestr delays registration of property rights without issuing a notice or returning documentation;
• if the registrar does not indicate one of the grounds under Art. 26 of Law No. 218-FZ;
• if the official of the Registration Chamber did not justify the reasons for his decision;
• if the suspension was issued in violation of other provisions of law.

Often, only professional specialists in the field of real estate, cadastre and construction can check the illegality of the suspension.

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When preparing a complaint, you need to describe in detail the essence of the violations, provide references to legislation and judicial practice. Consideration of complaints is carried out openly, i.e. the applicant will be notified of the place and time of the hearing. If the complaint is found to be justified, the notice will be cancelled. After this, the registrar is obliged to resume the procedure and register the rights.

To eliminate the grounds for suspension, it may be necessary to prepare new technical or boundary plans.

Suspension of registration of rights by the copyright holder

Based on Law No. 218-FZ (Article 26), dated July 13, 2015, the suspension period is determined based on the following factors:

• Lack of required documents - upon elimination of the root causes, but no later than 3 months;
• Judicial dispute - upon completion of its consideration by a judicial authority;
• Failure to receive the required documentation upon an interdepartmental request - upon resolution of the problem, but no later than 1 month;
• Encumbrance – in the presence of an act of a court or other authorized structure;
• Statement by the interested party - upon submission by the state registrar of an application to renew the transaction.

What documents are needed to renew state registration after suspension?

If the delay in registration is due to incompleteness of the submitted documents, their list will be indicated by the registrar. In other cases, everything is not so obvious. The applicant may require the following documents:

• re-made boundary or technical plans;
• acts of approval of boundaries of plots;
• a judicial act if a dispute about law has arisen;
• notarized power of attorney with the powers of a representative;
• new edition of contracts;
• legal documents from the municipality and government agencies.

If the reason for the delay is non-payment of the state duty, it is not necessary to submit the payment slip to Rosreestr. All payments received by the budget are independently verified by officials.

Expert commentary. If your registration has been stopped, please contact our specialists immediately. By trying to resolve claims on your own, you may make new mistakes and delay the deadlines even more. Some violations cannot be eliminated at all without professional specialists. For example, only a cadastral engineer can redo a technical plan or boundary plan.

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Changes in legislation in the field of cadastral registration and registration of rights to real estate

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Federal Law No. 120-FZ dated April 30, 2021 has made significant changes to the current legislation on state registration of real estate. The amendments are designed to improve the quality of services provided and ensure their further digitalization in the interests of clients. Read more about the changes in the article by our expert Alexander Novikov.

The ConsultantPlus legal reference system will help you always correctly prepare documents for cadastral registration and registration of rights.

Federal Law No. 120-FZ dated April 30, 2021 (hereinafter referred to as Law 120-FZ) was developed and adopted in pursuance of the order of the Government of the Russian Federation dated August 28, 2021 No. ISH-P13-5645, providing for a reduction in the time frame for state registration of participation agreements in shared construction, as well as instructions of the Government of the Russian Federation dated June 22, 2017 No. ISH-P13-46pro on amending the current legislation regulating the procedure for providing information to the Unified State Register and the amount of fees for its provision, excluding a speculative increase in the cost of such information by commercial organizations.

Most of the changes came into force on April 30, 2021. The remaining changes will take effect from October 28, 2021 and January 1, 2023.

Law 120-FZ has changed the procedures for obtaining information from the Unified State Register, submitting documents for registration and cadastral registration, and correcting errors in the Unified State Register. Changes have been made to the procedure for registering and accounting for constructed facilities, agreements for participation in shared construction, transactions with shares in common ownership, and registration of parking spaces. Currently, the procedure for registering a transaction in the absence of the seller, registration and cadastral registration by court decision are regulated. The grounds and list of persons upon whose applications cadastral registration and state registration of rights are carried out have also been clarified, and the composition of information submitted to the registration authority in the manner of interdepartmental information interaction has been specified.

For these purposes, the powers of the federal state budgetary institution are assigned, subordinate to the body for registration of rights and exercising powers in the field of state registration of rights and state cadastral registration. The issues of interaction between the MFC, the institution vested with the above powers, and Rosreestr have also been resolved, which will optimize the process of conducting legal examination and reduce the time frame for reviewing documents.

Obtaining information from the Unified State Register of Real Estate

Information from the register is now provided by FKP Rosreestr. The authority of the rights registration authority to provide information contained in the Unified State Register of Real Estate is excluded.

A request to the Federal State Budgetary Institution "FKP Rosreestr" at the applicant's choice can be sent in one of the following ways (part 1, 10 of article 62, part 9 of article 72 of Law No. 218-FZ; clauses 30, , , 111, 203 Administrative Regulations, approved by Order of Rosreestr dated September 27, 2019 No. P/0401; clause 30, Procedure, approved by Order of the Ministry of Economic Development of Russia dated December 23, 2015 No. 968; clause 1.4 of Order of Rosreestr dated October 18, 2016 No. P/0515 ):

• in the form of a paper document submitted in person to the Federal State Budgetary Institution "FKP Rosreestr" or the MFC. You can contact any department, regardless of the location of the property and the place of residence of the applicant;
• in the form of a paper document sent by mail to one of the departments listed on the official website of Rosreestr;
• in electronic form by filling out the request form posted on the official website of Rosreestr and the unified portal of state and municipal services (functions), or by sending an electronic document using web services.

Also, information from the Unified State Register can be obtained by using the service for an authorized person to visit the applicant in order to deliver the corresponding request and (or) courier delivery of information from the Unified State Register (clause 1 of the Order of the Federal State Budgetary Institution "FKP Rosreestr" dated 04/01/2021 No. P/113-21) .

However, for credit and insurance organizations there is a restriction on the choice of method for sending a request for information. They have the right to send this request only in electronic form.

Violation of the procedure for submitting a request for information from the Unified State Register or failure to comply with the established form of the request entails declaring the request not received and not subject to consideration. The applicant is notified of this within a period not exceeding three days from the date of receipt of the request from the Federal State Budgetary Institution “FKP Rosreestr”.

State authorities, local authorities, organizations or citizens are no longer allowed to transfer information received from the Unified State Register to third parties for a fee, including through the creation of websites, programs and applications that provide such an opportunity to provide information.

As an exception to the prohibition, information is indicated that simultaneously:

1) in terms of the form and the set of information contained therein, it does not correspond to the approved form of an extract from the unified state register of real estate;

2) does not contain the signature (including electronic signature) of officials of the rights registration authority and (or) the Federal State Budgetary Institution “FKP Rosreestr”.

According to Rosreestr, the resale of USRN information violates the rights of real estate owners and other users of Rosreestr services. The adopted norms will protect rights holders from providing false information about registered rights to real estate, restrictions (encumbrances).

The deadlines for transmitting accepted requests to the MFC and the deadlines for sending documents containing USRN information to the MFC have also been reduced from two working days to one.

Free provision of information from the Unified State Register of Real Estate is now possible not only for arbitration managers, but also for persons who have received a corresponding power of attorney from them. This possibility applies to real estate, both owned by the debtor at the time of application, and to previously owned real estate.

Submission of documents for registration and cadastral registration

Another innovation: today paper documents are submitted in one original copy. After completing the necessary procedures, the documents are returned with a mark of scanning (such applications and documents, as a general rule, are translated by the rights registration authority into the form of electronic images of documents).

The period for consideration of the application is calculated from the moment when Rosreestr employees see the data on payment of the state duty. Therefore, if a state fee is charged, we recommend attaching a document confirming its payment to the application.

If the court declares the refusal to carry out state cadastral registration (state registration) illegal, there is no need to resubmit the application. Within three working days from the date of receipt of such a court decision, the state registrar of rights is obliged to notify the applicant at the address specified in this application about the receipt of such a court decision and the deadline for state cadastral registration and (or) state registration of rights.

If the authenticity of the signature on the application for cadastral registration or registration of rights to real estate is certified by a notary, then the application and the documents attached to it are sent within two working days by registered mail with a notification for registration by a notary. At the same time, notarization of the application in itself does not entail the need for notarization of the real estate transaction itself, provided that the application and documents are sent by a notary who verified the authenticity of the signature on it.

2.1. Unfinished construction project

Registration of ownership rights to an unfinished construction project is carried out according to the general rules for registering real estate objects, with only one peculiarity that the registration of rights will be carried out simultaneously with the cadastral registration of the object.

At the same time, the expiration of a lease or gratuitous use of land provided for construction, if the construction permit has not expired, is no longer a basis for refusing to register an unfinished construction project.

2.2. DDU

From now on, the share participation agreement (hereinafter referred to as the DPA) in construction must indicate the conditional number of the shared construction object in accordance with the project declaration.

If, before the developer concludes an agreement with the first participant in shared construction, a land plot owned by the developer or the right to lease a specified land plot and an apartment building and (or) other real estate object being built (created) on this land plot were pledged as to ensure other obligations of the developer, the consent of the mortgagee is required to register the first DDU.

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.

As part of the legal examination to determine whether there are grounds for suspending state registration of rights, the legality of issuing a construction permit, as well as the compliance of the information in the project declaration or plan of the property with the data in the project documentation, is not checked.

2.3. State cadastral registration of an apartment building in connection with a change in its parameters as a result of reconstruction or redevelopment of the premises located in it is carried out on the basis of an application from a person authorized by the general meeting of owners or the person who carried out the redevelopment of the premises.

In a similar way, an application is submitted for changing the parameters of a non-residential building, when premises and (or) parking spaces in a non-residential building or structure belong to different persons by right of ownership.

2.4. As a general rule, transactions with shares in common property rights .

Notarization of the transaction is not required:

• shares of all participants in shared ownership in one transaction;
• associated with property included in or acquired for inclusion in a mutual investment fund;
• shares in the right of common ownership of plots of agricultural land, the turnover of which is regulated by Federal Law No. 101-FZ of July 24, 2002;
• shares in the right of common ownership of real estate, if the agreement provides for the transfer of ownership of residential premises in accordance with the Law on the Status of the Capital of the Russian Federation (except for the case provided for in Part 19 of Article 7.3 of this Law);
• on the mortgage of shares by all participants in shared ownership under one transaction and agreements concluded with credit institutions;
• withdrawal of a share in the right of common property for public needs.

The following may apply for registration of changes in shares:

• on the basis of a court decision, one of the participants in shared ownership;
• if the agreement on changing shares is certified by a notary, one of the participants or a notary;
• in other cases - all participants whose shares change.

When selling a share to a third party, there is no need to provide evidence of notification to the remaining owners about the sale of the share if he has formalized waivers of the pre-emptive right to purchase the property.

Evidence of notification to the remaining owners or their refusal to purchase is not required to be provided to Rosreestr if the transaction is certified by a notary.

2.5. Permissibility of registering the transfer of ownership in the absence of the seller

If the seller is liquidated or excluded from the Unified State Register of Legal Entities as an inactive legal entity at the time of filing an application for state registration of the transfer of ownership of the seller, the legal entity whose ownership of the alienated real estate is registered in the Unified State Register of Legal Entities must provide the following to register the transfer of ownership:

• an application signed by the buyer, as well as an extract from the seller’s Unified State Register of Legal Entities (if you do not provide an extract, the rights registration authority will request it independently);
• documents provided for in the purchase and sale agreement confirming the fulfillment of obligations by the parties (including full payment of the contract price, transfer of the property).

2.6. A procedure has been introduced for registration and cadastral registration by court decision

Clause 5.1 of Part 2 of Article 14 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” supplements the grounds for state cadastral registration and (or) state registration of rights. The basis for state registration of rights today are, among other things, decisions of arbitration courts, for which writs of execution were issued in accordance with judicial acts of courts of general jurisdiction or arbitration courts, together with such writs of execution, that have entered into legal force.

It should be taken into account that an arbitration award can be the basis for registration of a right only if there is a writ of execution issued on the basis of a judicial act of the competent court. The absence of a writ of execution for the forced execution of an arbitration court decision will result in a refusal to carry out the registration procedure.

Thus, previously there was no regulation of the procedure for executing court decisions, which gave rise to additional disputes related to the execution of a court decision, as well as the need to provide additional documents.

In order to eliminate regulatory gaps, additions have been made to the law on state registration in this part. It is indicated that, as a general rule, for state registration it is necessary to send an application to the person whose right has been restored by a court decision. An appeal from a person who was a defendant in a case whose rights have been terminated or declared absent is not required for state registration.

If there is no information about the property in the Unified State Register of Real Estate, which is the subject of legal proceedings, you must first apply for cadastral registration of this property. In this case, cadastral registration and registration are carried out simultaneously.

If a court decision establishes the need for state cadastral registration, and the court decision contains the basic information about the property necessary for entering into the Unified State Register of Real Estate, corresponding to the established methods for their determination, it is not necessary to submit to the rights registration authority, along with the court decision, land survey, technical plans or a survey report. required (Part 4 of Article 58 of Law No. 218-FZ).

If the court was considering a case regarding the demolition or reconstruction of an unauthorized building, recognition of a real estate object or registered right as absent, or recognition of an object as movable property, the applicants may be:

1. the legal holder of the land plot on which the relevant objects are located;
2. the copyright holder of the relevant objects;
3. authorized state authorities or local government authorities at the location of the relevant facilities.

2.7. State registration of real estate lease agreement

When registering the lease of part of a building, as well as part of a land plot, as a rule, boundary and technical plans for these parts are provided.

In connection with the changes made, the technical plan may not be provided provided that the Unified State Register of Real Estate contains information about all premises in this building, and the rented part represents one or more premises that have common building structures (adjacent rooms in the premises) and are located within one or more floors.

Correcting errors in the Unified State Register of Real Estate

A technical error is corrected within three working days after receiving the relevant application. After this, within three working days from the date of correction, the rights registration authority will send a notification to the copyright holder or persons who applied for correction of the error.

This provision is supplemented by the possibility of sending the applicant a notice of refusal to correct a technical error. Thus, if correction of a technical error is refused, then no later than the working day following the day of expiration of the established period for its correction (no later than four working days from the date of receipt of the application), the applicant will be sent a notice of refusal, indicating its reasons. The refusal can be appealed in court (Part 1 of Article 61 of the Law on State Registration of Real Estate).

Digitalization and simplification of transactions with authorities

Rosreestrom dated 05/05/2021 posted information according to which the changes being made will allow the implementation of the “Stop Paper” project, aimed at switching to electronic document management and creating a digital archive, minimizing the amount of information stored on paper.

It is planned that register cases (including cadastral cases opened before January 1, 2021, cases of title documents) will be maintained electronically on paper after the documents contained in them are transferred to electronic form and signed with an enhanced qualified electronic signature of an authorized official .

If a citizen has concluded a transaction with state authorities and local self-government in the form of a document on paper, such state and local government authorities are vested with the right to prepare a scanned image of the document signed by the citizen in his own hand, certify its equivalence and apply for registration of rights in electronic form . There is no need to certify such a scanned image with the citizen’s electronic signature.

The document also defines the concept of “personal account of the copyright holder”, through which, without using an enhanced qualified electronic signature (ECES), you can submit documents for:

• clarification of land boundaries;
• accounting and registration of rights to residential and garden houses;
• accounting and registration of rights in the event of division, consolidation of land plots;
• entering information about previously registered real estate objects;
• correction of technical errors and other actions not related to the alienation of real estate.

We will separately highlight information about the on-site reception. The innovation will allow you to use this method of submitting documents for accounting and registration activities, such as an on-site reception. The service for on-site acceptance of applications is provided by the Cadastral Chamber of Rosreestr. On-site reception is also carried out by the MFC; the procedure for providing the service and the fees are determined by the constituent entities of the Russian Federation.

In order to receive documents based on the results of government services provided by Rosreestr, you can use courier delivery. Courier delivery, as well as on-site reception, is carried out by the Cadastral Chamber of Rosreestr and the MFC.

We previously wrote about significant changes in legislation in 2021 for owners of summer cottages.

You can learn more about innovations in calculating tax based on cadastral value in 2021 at our seminar.

Our services and prices

It is best to avoid grounds for suspension and refusal by Rosreestr. To do this, order services to support all procedures from the Smart Way company. Our lawyers and cadastral engineers will undertake:

• preparation of all documents necessary for applying to the registration authorities;
• representation of interests at all stages of registration, from submitting documents to receiving an extract from the Unified State Register of Real Estate;
• consulting support for clients, clarification of the specifics of legislation;
• elimination of the comments specified in the Rosreestr notification.

Preliminary information about prices and services can be found in the table below.