Registration of ownership of an apartment in a new building through the court

Why register a child-care center in Rosreestr?

Registration of preschool educational institutions in Rosreestr is mandatory. An unregistered agreement is considered unconcluded. Why register a share participation agreement in construction:

• Guarantees for the buyer. A registered DDU agreement in Rosreestr assigns a property (for example, an apartment) strictly to one buyer. This protects against double sales.
• Legal force. A registered agreement is an official document establishing the rights and obligations of the parties. Any claim against the developer is justified by the provisions of the registered agreement. In case of litigation, the court takes into account only the registered DDU.

What cannot be done before registering a DDU with Rosreestr: in fact, all obligations arise from the date of registration of the document, so our lawyers do not advise making payments under the agreement before completion of registration.

Procedure for canceling a share participation agreement

In a situation where contractual obligations have been violated, it is necessary to take appropriate action. However, very strong evidence is required, which includes:

• if the developer did not deliver the work within the time frame within which the real estate should have been constructed;
• if the shareholder was dissatisfied with the quality of the construction work performed.

However, there is always a chance that both parties can agree in the first or second case.

To begin with, the shareholder notifies the developer in writing of his dissatisfaction, and the developer, in turn, must take certain measures after twenty days. That is, the construction organization is obliged to return to the shareholder all the funds transferred by him, as well as a certain amount of the penalty. If there is no response from the developer, then the shareholder has the right to file a claim.

DDU registration procedure

The entire procedure for registering a preschool educational institution in Rosreestr takes place in several stages:

1. First you need to conclude and sign an agreement with the developer.
2. The agreement in 3 copies is submitted to the registration authority along with a standard application and a receipt for payment of the fee. A passport is required for the applicant. In return, the applicant is given a receipt confirming receipt of the documents.

The state fee for citizens is 350 rubles, it can be paid at any bank, the main thing is that when submitting documents you have a check (receipt) for payment in hand.

Who registers preschool education? Both the developer and the participant in shared construction can submit documents for registration in person or through a representative by proxy.

The agreement itself is registered by Rosreestr, but the application can be submitted either directly to the registration authority or to the MFC.

Registration period: the registration procedure takes no more than 7 working days. But, the period increases by 2-4 days when submitting documents through the MFC.

The procedure has one peculiarity. If you are the first participant in shared construction for a specific project (for example, the first from the entire building to register an apartment), then you will have to additionally submit documents from the construction company to Rosreestr:

• Constituent documents;
• Construction permit;
• Property plan.

As a rule, a representative of the developer is always present during registration and submission of documents, so there are no problems with this. In any case, our company provides legal advice on any issues. You can clarify your question with a specialist before signing the DDU.

With or without trial?

In practice, apartment owners in new buildings often have to go to court to register ownership of their home.

This is necessary in the following cases:

• the developer refuses to provide the above papers;
• the developer has not carried out the above actions for a long time.

Before going to court, you should send a claim to the developer on behalf of one shareholder or an entire group. It is recommended to send the document by registered mail. You can go to court after receiving a negative response to a claim or not receiving a response within a month.

How to register ownership of an apartment in a new building with a mortgage through the court? First of all, you need a well-drafted statement of claim with a clear indication of the reasons for the impossibility of registering the property as a property due to the fault of the developer.

Then you must provide all the documentation that will be required in court and pay the state fee in the required amount and according to the payment details provided to the plaintiff.

It is recommended not to do this yourself, but to use the services of specialized lawyers with relevant experience and practice. Their services, at least, will cost less than registering a home as the property of a shareholder by a developer.

How to check DDU registration

The practice of recent years has shown that developers are mainly involved in the procedure for registering children's educational institutions in Rosreestr. The document submission scheme has already been worked out; the risk of refusal in the procedure is minimal. Accordingly, many participants in shared construction have a logical question: how to check the DDU in Rosreestr.

There are several ways:

1. Check online;
2. Check the DDU using an extract (can be obtained directly from Rosreestr or ordered from the MFC).

A registered agreement is assigned a serial number. The DDU number is unique. A Rosreestr stamp is placed on the reverse side of the registered agreement indicating the registration date.

How to check your DDU in Rosreestr online? To do this, you need to go to the official website of Rosreestr. The specialists of our law firm consider this method the fastest and most convenient.

On the website rosreestr.ru you need to select the column “Electronic. The cadastral number of the land plot (indicated in the DDU) is entered into the search line. In the search results for this object, a list with all registered contracts will open. In this list, using the DDU number, you can check whether the agreement is registered in Rosreestr.

An extract from the Unified State Register of Real Estate is another way to check the contract in Rosreestr. You can also order an extract from the MFC or Rosreestr. The extract contains information that is important for the participant in shared construction, so our company’s lawyers advise in any case to order a copy of the extract.

What to do if it was not possible to check the registration of the contract in Rosreestr and the DDU number was not found?

First of all, it is important to remember the deadlines; registration authorities often wait until the last minute and information simply will not appear before this deadline.

We submit documents and collect the registered agreement

You can submit documents at the territorial office of Rosreestr, through the MFC, via the Internet (Rosreestr website or the Unified Public Services Portal), or by post. In addition, it is possible to transfer documents to a representative of Rosreestr during an on-site reception (if the ability to move is limited, this is free, in other cases on a paid basis).

Registration (by law) must be completed within seven working days; if documents were submitted through the MFC, then it will take a couple of days longer (including postage). After the specified time has passed, you need to receive the registered contract in your hands, and a registration inscription will appear on the document.

Grounds for refusal

In accordance with Art. 26 Federal Law No. 218, the registration authority may refuse to provide the service. Let's look at the most common grounds for refusal:

1. the applicant does not have the right to own the specified objects or does not have the right to represent the interests of the owner;
2. the apartment is already registered;
3. there are inconsistencies between already registered and declared rights to the object;
4. the applicant did not submit the entire list of documents;
5. providing false information in the application or providing false documents;
6. the content or form of the document does not comply with legal requirements;
7. documents certified by unauthorized persons;
8. registration authorities did not receive information requested about the object and the applicant from other departments and authorities;
9. the document on the basis of which the registration procedure is carried out has been declared invalid;
10. the transaction, as a result of which the applicant became the owner of the apartment, was declared invalid.

Reference. If any document or information is missing, the cadastral chamber employee suspends the procedure. In case of serious violations (falsified documents, invalidity of the transaction, etc.), a decision is made to refuse.

Peculiarities

In a new building

The process of registering an apartment is complicated if we are talking about an object located in a new building. Usually, developers themselves apply to Rosreestr, and shareholders only have to register their ownership. If the construction company has not carried out the procedure, then the shareholder needs to deal with this issue independently.

Let's consider what documents will be required to register an apartment in a new building:

• statement;
• technical plan of the house;
• applicant's passport;
• equity participation agreement;
• act of acceptance and transfer.

If the house is not in the Rosreestr database

The process may be complicated by the lack of registration of an apartment building. If the house is not included in the Rosreestr database, then it will be impossible to register the apartment. What to do if the apartment is not registered? In this case, you will either have to wait for a response from the developer or deal with the registration yourself.

The procedure is no different from the one described above. The only difficulty may arise with obtaining a technical plan for the house. It must be ordered from an engineer or BTI. Manufacturing may increase the time of the entire procedure.

Registration of housing with the cadastral chamber today is a simple process. The main thing is to have all the necessary documents on hand and fill out the application correctly.

Conditions for registering property rights

Registering a substation in a new building has its own characteristics. Here, much will depend on the reliability of the construction company. The transaction will be much easier if the developer has completed all the necessary steps:

• the property was successfully accepted by a special commission;
• the house was put into operation, accompanied by appropriate registration;
• the technical passport of the object was submitted to the BTI;
• the new building was registered in the cadastral register;
• a protocol on the distribution of the object was drawn up;
• the object is registered in Rosreestr and an address has been assigned to it.

Before choosing a developer company, the buyer must make sure that it has a good reputation and always carries out all the necessary actions for legal and other support of the property.

Also, in order to register ownership of an apartment, it is important to make sure that all the conditions listed below are met:

• putting the property into operation;
• opening of state registration of apartments in the commissioned facility;
• availability of a complete set of documents.

Why is this necessary?

Cadastral registration is a kind of census of all real estate located on the territory of the Russian Federation. Systematization of data on existing objects is necessary to ensure guarantees of property rights, calculate property taxes, and establish market value.

On a note. Information about all land plots, buildings and structures is entered into the database. Each object is assigned its own unique number.

Registration of an apartment is a necessary procedure, without which it is impossible to carry out a number of actions:

• real estate tax calculation;
• determining market value;
• apartment sales;
• inheritance;
• donations;
• redevelopment;
• insurance and property assessment;
• registration of an apartment on security;
• registration of a mortgage loan;
• privatization, etc.