How does electronic registration of real estate rights work?

The process of registering a transaction for the purchase and sale of an apartment is a state registration of the transfer of ownership of an apartment in Rosreestr , with the corresponding entry being made in the unified database of real estate rights throughout Russia - USRE (from 2021 - USRN ).

To better understand what's what, let's give a few key definitions.

Unified State Register of Rights to Real Estate . This is an electronic database into which all information about existing (valid) and terminated rights to real estate , information about copyright holders, and existing encumbrances on property rights is entered. Administrative and technical data about the real estate objects themselves are also stored there - their addresses, purpose (residential/non-residential), data on the area of ​​premises, etc.

The Unified State Register was founded (put into effect) on January 31, 1998, and placed under the management of the federal body - Rosreestr . Before this date, registration took place in local governments and territorial Bureaus of Technical Inventory (BTI).

Since 2021, the Unified State Register database has been combined with Cadastre (State Real Estate Cadastre) database , and a single Unified State Register database .

EGRN - Unified State Register of Real Estate . This system combined the rights registration system (USRP) and the real estate accounting system (GKN) into one common database.

"Rosreestr" (aka Regpalata ) - the full official name: Federal Service for State Registration, Cadastre and Cartography . This is the parent organization of federal significance. Its territorial bodies are represented in each subject of the Russian Federation in the form of Directorates of Rosreestr (UFRS) and branch offices of the Cadastral Chamber (FKP Rosreestr) .

UFRS (Office of the Federal Registration Service) = Office of the Federal Service for State Registration, Cadastre and Cartography = Office of Rosreestr (territorial branch). In particular, it determines the procedure for registering ownership of an apartment, and the procedure for recording technical data about the apartment in the State Real Estate Cadastre (GKN) .

FKP - Federal Cadastral Chamber - a structural unit Service , which actually deals with the registration of rights and transactions with real estate (performs technical work), and also maintains cadastral records of all real estate objects (including objects of unfinished construction), making records in the Unified State Register of and GKN , respectively.

After the creation of the unified real estate register of the Unified State Register of Real Estate , citizens had the opportunity to submit one application for two operations at once - for registration of rights and for cadastral registration . Otherwise everything remains the same.

Unified information service of Rosreestr: tel. Rosreestr. Registration of rights and cadastral registration - see here.

On registration of apartment purchase and sale transactions

According to the law (clause 6, article 1 of Federal Law No. 218 dated July 13, 2015 - “On state registration of real estate”), all transactions with apartments are subject to mandatory state registration - i.e. data on the transfer of ownership from the Seller to the Buyer as a result of the transaction is entered into the unified database of Rosreestr (USRN).

At the same time, since 2013, registration of sales and purchase agreements (SPA) of real estate has been cancelled. The only fact that fixes the transaction with an apartment on the secondary market is the registration of the transfer of rights . In other words, the Apartment Purchase and Sale Agreement (APA) now comes into force from the moment it is signed by the parties, and ownership of the apartment passes to the Buyer from the moment of state registration of the transfer of rights .

At the same time (upon the transfer of the right), a new right of ownership , now in the name of the Buyer.

Despite this, the concept of “registration of a transaction for the purchase and sale of an apartment” has remained in common use on the market, although it now means precisely the registration of rights and the transfer of rights under the transaction. At the same time, during the registration process, a registration seal and stamp are still placed on the DCT, indicating that the transfer of rights under this agreement has taken place.

♦ Sample registration stamp on the Agreement ♦ (Click! The document will open in a pop-up window).

In the primary market (when purchasing a new building), as a result of the transaction, the right of claim to an apartment in a building under construction is registered under an Equity Participation Agreement (EPA) or under an Assignment Agreement. And the ownership right is registered at the next stage, after the house is completed and delivered.

Regulations of Rosreestr for real estate transactions (from 2021).

The procedure for the registration process, lists of documents, the procedure for their acceptance and issuance, registration deadlines, the rights and obligations of applicants and registrars, the procedure for notifying citizens and appealing the actions of employees, etc.

The official document is here.

!!! Online order Extracts from the Unified State Register and other SERVICES for purchasing an apartment - HERE.

How to correctly accept an apartment from a Developer - basic rules.

In what cases is it necessary to register housing?

First of all, when buying real estate. Once you have concluded the sale and purchase transaction and signed the contract, you need to register your home. Only after this will you turn from a buyer into a full-fledged owner.

In addition, the registration procedure is necessary if the apartment was given to you as a gift or you received it by inheritance. In these cases, the process of submitting information about real estate is no different from the situation with the purchase of a home. Instead of a purchase and sale agreement, you will need to enter into an agreement of gift or inheritance.

List of documents for registering ownership of an apartment

The list of documents for registering a transaction for the purchase and sale of an apartment depends on the specific situation - for example, whether the transaction is registered on the “primary” or on the “secondary” market, what type of agreement is the basis for the existing ownership of the Seller, whether the Seller is married, whether there are minors among the owners children or not, etc.

In this regard, there are a number of mandatory documents for all situations, and additional documents for special cases.

One should not confuse the registration of rights of claim to an apartment in a house under construction on the primary market, and the registration of ownership rights to a finished apartment (which can be on both the primary and secondary markets).

Specific lists of documents for registering transactions for the purchase and sale of apartments are indicated in the relevant steps of the INSTRUCTIONS (follow the links - separately for each case):

PRIMARY MARKET:

• Registration of the rights of claim to an apartment in a house under construction (new building) - documents On the primary basis, the rights of claim are registered either when drawing up the Share Participation Agreement of the DDU (if the apartment is purchased directly from the Developer), or when drawing up the Agreement for the assignment of rights of claim under the DDU (if the apartment is purchased from a shareholder or construction co-investor). In the first case, both the Developer and the shareholder himself can the DDU how this happens is described here - Documents for registration of the Equity Participation Agreement . In the second case, the documents are collected by the participants in the transaction for the assignment of rights , and the list of these documents is presented here - Documents for registering the assignment of claims .
• Registration of ownership rights to an apartment in a constructed house (new building) - documents Here, the package of documents, as a rule, is also prepared by the Developer. He also deals with the registration of ownership rights to newly built apartments. But the Buyer can do this on his own: how to do this is described in the INSTRUCTIONS for the Buyer here - Documents for registering ownership of a new building .

SECONDARY MARKET:

• Registration of property rights when purchasing an apartment on the secondary market - documents Here, the composition of the package of documents for registration differs from the composition of the package of documents for checking the “legal purity” of the apartment. In the first case, we have the documents necessary to complete registration actions, and in the second case, we have the documents that the Buyer personally needs to confirm legal information about the apartment, its owners and users. Both lists of documents can be seen at the corresponding steps of the INSTRUCTIONS for the Buyer here: - Documents for registering ownership of the apartment ; — Documents for checking an apartment when purchasing on the secondary market .
• Registration of property rights when selling an apartment on the secondary market - documents Here the list of documents for registration is the same as when buying an apartment on the secondary market. But the general list of documents for checking the “legal purity” of an apartment may be smaller. The point here is in the placement of emphasis: if the Buyer turns out to be not very demanding, then the Seller can get by with a minimum set of documents that are necessary only for registering the transaction. This is described in more detail in the INSTRUCTIONS for the Seller here - Documents for selling an apartment on the secondary market .

Directly for registering a transaction for the purchase and sale of an apartment, the list of documents is slightly smaller than the one that is usually required from the Seller by other participants in the transaction - Buyer, realtors, notary, bank, etc. To register, you do not need a complete list, but only the essentials (see video about this below).

By the way, as of July 2021, new apartment owners will no longer be issued a Certificate of Ownership (for more details, see the link).

VIDEO: List of documents for the purchase and sale of an apartment on the Rosreestr website - The current list of documents for registering an apartment purchase and sale transaction can be seen in the “Life Situations” section on the Rosreestr portal.

Rosreestr service - “Life situations” - here. – An interactive service that generates a general list of documents for registering a transaction with an apartment (including a mortgage).

The list of necessary documents for registering rights to real estate can also be found on the Rosreestr website - here. The application form can be seen here.

The state fee for registering a right is 2,000 rubles for individuals. Current price tags for state duty can be checked on the Rosreestr website - here.

How to evaluate your own apartment for sale? Evaluation factors and price calculation method.

Where to submit documents to register a transaction with an apartment?

In Moscow, to register a transaction with an apartment, Sellers and Buyers submit documents to multifunctional state centers . Registration is also possible by phone or online. There you can once again clarify the composition of the package of documents for registering ownership of an apartment.

Local branches of the Federal Registration Service in Moscow have not worked with individuals since 2014. (confirmation here)

In other regions of Russia, to register a transaction with an apartment (for registration of rights and transfer of rights to real estate), you can contact both the local MFC “My Documents” and directly to the territorial offices and reception offices of Rosreestr .

In addition, Rosreestr provides on its website the opportunity to submit an application for registration of rights and transfer of rights via the Internet (see link below).

MFC “My Documents” (addresses, phone numbers, work schedules - throughout Russia) can be seen HERE (SERVICES).

Offices and receptions of Rosreestr and the Cadastral Chamber throughout Russia are here. Submitting an application for registration of rights or transfer of rights on the Rosreestr website - here.

They do not register the purchase and sale of apartments themselves. The MFC is just a convenient intermediary between the parties to the transaction and Rosreestr. Moreover, documents can be submitted not only to the MFC at the location of the apartment, but also to any other MFC, even in another city (the principle of extraterritoriality applies here).

MFC employees only required documents for registration, but are not required to conduct a legal review (i.e., they do not check them for authenticity and correctness of execution). This means that there may be cases of incorrectly prepared documents (errors in contracts, lack of information in the package of documents, etc.), which lead to suspensions/delays in registration , or even refusals of registration (see below about this).

To avoid this, it is better to contact a notary for the preparation of contracts and examination of the entire collected package of documents (who can then submit this package for registration ).

You can also contact specialized legal offices that conduct a preliminary check of the package of documents for registration , and ensure the registration itself with a guarantee that it will take place without suspension and/or refusal .

What does a “bona fide purchaser” of real estate mean? What protection does this status provide and how to obtain it?

Receipt for receipt of documents for state registration

When submitting a package of documents for registration of a transaction with an apartment (both at the MFC and at the territorial offices of Rosreestr and the Cadastral Chamber), the employee accepting the documents is required to issue a receipt for receipt of documents for state registration.

This receipt contains a list of accepted documents (indicating originals and copies), the registration period is indicated, as well as the registration case number, which can be used to obtain information about the completion of registration.

The procedure for returning personal income tax when purchasing an apartment. 2 ways. List of documents.

Where can I get an extract from the Unified State Register of Real Estate?

At the MFC or Rosreestr branch . In this case, you will have to visit government agencies several times. First, to leave a request for receipt, and then, after 9 days, to pick up an extract. In addition, you will need to provide your personal data. The certificate will be given to you in paper form.

Using the Rosreestr website. You can also submit an application for an extract online. To do this, you will need to spend several minutes, and maybe hours, in order to fill out a large number of fields with information about your home. And you should expect a ready response in electronic form no earlier than three days later.

Through the EGRN.Reestr service. This is the official partner of Rosreestr. Getting an extract from the Unified State Register of Real Estate is easier and much faster here. The only thing you need to do is indicate the address of the real estate or its cadastral number. And an electronic certificate with all the data will be sent to your email within an hour.

Important! No matter how you receive an extract from the Unified State Register, in any case you will need to pay for it. The paper version will cost from 400 to 750 rubles. And electronic - from 200 to 350 rubles. Price variations depend on the amount of data you want to know.

Deadlines for registering ownership of an apartment

The deadlines for state registration of rights to real estate are established by Federal Law No. 218-FZ “On State Registration of Real Estate” dated July 13, 2015 (Part 1, Article 16). They are different for different cases. For each case, registration deadlines are listed on the Rosreestr website - here.

In particular, the deadlines for registering ownership of an apartment are (from January 1, 2021):

• for Sale and Purchase Agreements (SPA) of apartments in simple written form = 7 working days;
• for Sales and Purchase Agreements (SPA) of apartments in notarial form = 3 working days;
• for Equity Participation Agreements (EPA) in construction = 7 working days;
• for Mortgage Agreements = 5 working days.

At the same time, you need to keep in mind that if documents for registration are submitted through the MFC , then the deadlines increase by about 2-4 days due to the time it takes for documents to be delivered from the MFC to the registration authority and back for issue.

You can read how long it takes to buy and sell an apartment on the secondary market in a separate article at the link.

Alternative transaction for the purchase and sale of an apartment - procedure and sequence of actions.

Suspension of state registration of rights

If the registration process goes on as usual, then that’s where he should go. So everything is going according to plan. But it happens that the registrar, leafing through the documents handed over to him, decides to suspend registration . He has such a right. The law (Article 26, Federal Law-218) provides him with as many as 55 grounds for suspending state registration of rights. But only about a dozen of them relate to apartment purchase and sale transactions.

Suspension of registration may lead to unforeseen problems for participants in an apartment purchase and sale transaction, and create additional risk for the Seller.

Exactly what grounds may cause the registration of an apartment purchase and sale transaction to be stopped, for how long, what happens next, and how this may threaten the participants in the transaction are described in detail in a separate note (see link below).

Suspension and refusal to register ownership rights to an apartment - reasons, terms and consequences.

By the way, registration can be suspended or even terminated at the request of the parties to the transaction themselves (more on this in the same note).

In case of suspension, the registration period is interrupted. After registration is renewed (if it has not been refused), its period begins to count again.

If, as a result of the suspension, registration was refused , then the purchase and sale transaction of the apartment is considered invalid. Although in practice, the registrar rarely uses its right to refuse, preferring to suspend registration until the reasons for such suspension are eliminated.

Rosreestr online services are here.

What to do, if…? Help and support on the Rosreestr website is here. Frequently asked questions about the functioning and services of the Rosreestr portal, and contacting the portal’s technical support.

What, how, why and why? Answers on the Rosreestr website - here. Frequently asked questions about the procedure for registering rights and real estate transactions.

Notifications to citizens about registration results

If you indicate your email or mobile phone in the registration application, Rosreestr will notify the applicant by mail or SMS about the results of registration actions, including:

• on the return of documents attached to the application without consideration (if there are grounds);
• about refusal, suspension or successful completion of registration.

This allows you to quickly eliminate the cause of the delay in registration and not miss the deadline.

All Rosreestr notifications are sent free of charge.

What documents remain with the Seller and the Buyer after buying and selling an apartment, and what are they for?

Complaints about the actions of Rosreestr

If registration was unreasonably refused or documents for it were not accepted, if the registration period or procedure was violated, if they demanded an additional payment that should not have been made, etc., then you can file a complaint .

There is a certain procedure for complaints and it must be followed. How, to whom and where to complain about the actions of Rosreestr is detailed in paragraphs 314 – 324 of the “Regulations” (see the link to it above).

What grounds can there be for declaring an apartment purchase and sale transaction invalid?

Apartment inspection

To prevent Rosreestr employees from having questions for you and stopping the registration procedure, check all the documents in advance. Better yet, even before the sale and purchase transaction begins, check the apartment itself and its owner. This is especially true for purchasing housing on the secondary market.

To check the seller’s integrity and ensure the authenticity of all documents, you will need the same extract from the Unified State Register of Real Estate. We mentioned above how to order it easier and faster. Now let's look at possible situations that can be avoided and not end up with an unscrupulous apartment seller.

• Several owners. Imagine that you paid the full amount for an apartment, moved all the furniture there, but have not yet managed to register it. And then other owners showed up, who for some reason did not know that they had decided to sell their property. At best, you will have to defend your home in court. At worst, look for a would-be seller who forgot to tell about the other owners.
• Presence of encumbrances. If you come across a less than conscientious seller, he may not tell you that someone else owns the apartment. For example, a bank, if the property is pledged. Or bailiffs, if the home was seized for debts. According to the law, it is impossible to buy such an apartment and your transaction will not be registered in Rosreestr. If you do not worry in advance, then you risk being left homeless and without money.
• Illegal redevelopment. Before you buy an apartment, you should definitely find out about all the changes in it. Owners do not always share such information. Either they don’t want to, or they simply don’t know that the previous owner, for example, demolished the walls. Therefore, check it yourself to avoid problems and fines in the future.

All this information can be found in one document: an extract from the Unified State Register of Real Estate. Use the EGRN.Reestr . Order the document in advance and buy housing from reliable sellers.

Text: Ksenia Antonova