To confirm his rights to a specific land plot, a citizen must have a certificate of ownership in his name.
The document contains information about the plot and its owner.
What is a certificate, why is it needed, how to get it, can it be issued in paper form?
What to do if the original is lost, is a duplicate issued? We will discuss it in detail in the article.
Why is it necessary?
Certificate of ownership of a land plot is a document certifying ownership and confirming the emergence (transfer) of rights to land.
The document is required in various situations, the main one is confirmation of rights to a specific plot. The citizen in whose name the certificate is issued has the right to dispose of the land - sell, lease, bequeath, etc.
Important! The certificate is used when concluding property transactions, drawing up wills, and when heirs enter into ownership rights under the law. If the territory is used by the borrower as collateral, the certificate of ownership will act as a guarantee for the bank.
Full description of the procedure.
The right to own land arises on the basis of various types of property transactions. A significant part of the transactions is carried out through registration of purchase and sale, but the plot can receive a new owner as a result of exchange, donation or inheritance. Citizens can receive plots for various purposes based on an act of a state or municipal body, as well as court decisions.
Registration of the transfer of ownership on the basis of concluded agreements within the framework of a purchase and sale agreement has certain features. Only an object that has undergone the cadastral registration procedure, as a result of which it is assigned a unique number, can be subject to alienation.
The procedure consists of the following steps:
- conclusion of a survey agreement;
- carrying out geodetic work;
- obtaining a boundary plan;
- collection of necessary documents;
- registration of the site;
- conclusion of a sales agreement;
- re-registration of rights.
During the purchase and sale, the purpose and conditions of use of the land should not change, including the presence of restrictions and encumbrances. If we are talking about shared ownership, then the rule of first refusal must be observed, and such transactions are subject to notarization.
What does it include?
The document must be drawn up on a unified form and include a standard list of data.
These include:
information about the owner of the site;- land information;
- grounds for the emergence of rights;
- information about the body that carried out the registration;
- date of issue;
- cadastral number;
- purpose of the territory;
- existing encumbrances, etc.
There are no attachments to the certificate.
On what grounds does registration take place?
As in any other legal area, all issues related to real estate, its purchase and sale are based on regulations created by the state.
As for land plots, all actions related to them are provided for in:
- Land Code;
- Civil Code;
- Federal Law No. 122, etc.
First of all, the rights and obligations of the lessor, buyer, seller or tenant are regulated by an agreement that is signed during the temporary or permanent transfer of land for exploitation to a third party.
The agreement stipulates:
- timing of the transaction;
- cost of land;
- carrying out payment and collection in case of violation of the contract.
What does the document look like?
The form is approved by the normative act of the local administration. The old document (1992) is blue. Consisted of one page displaying information about the site. Designed by hand.
In 1995, the certificate was replaced - it became pink and consisted of two joined sheets. The document included information about the land and information about the owner of the land plot, his passport details. Existed until 2021.
Next, they began issuing an extract from the Unified State Register of Rights to Real Estate (USRE).
Contains complete information about the allotment:
- cadastral number;
- location;
- square;
- category of land;
- presence (absence) of encumbrances.
A separate section of the extract includes a site plan and its cadastral number. Issued in paper or electronic form. The extract contains information about the owner of the land plot and the grounds for his rights.
Reference! From January 2021, extracts from the Unified State Register are issued. They are legal and carry certain information. The second type can be requested by any citizen. The extract contains the same information as in the certificate.
Includes 3 sections:
- detailed information about the site (address, postal code, area, intended purpose, cadastral number, cost, etc.);
- data on the rights to own and use the land plot (full name of the owner or name of the organization, method of obtaining the right, presence of encumbrances, data on the seizure of the territory for the needs of the state);
- detailed information about the location of the allotment (postal address, land surveying scheme).
The extract is issued in paper and electronic forms - both have legal force. There is no seal on the electronic version; it is replaced by the employee’s electronic digital signature.
Note! The security mark on the certificate is not a mandatory requirement - it does not affect the legal significance of the document.
Is it possible to arrange the details of home design without land surveying?
Carrying out the land surveying procedure allows you to determine clear boundaries of the site and avoid further problems associated with the emergence of claims from the owners of adjacent sites. The risk of acquiring a plot of land without agreeing on the territory and size is fraught with the need to go through boundary disputes and cadastral inaccuracies, which may result in a significant reduction in the territory.
Often the transfer of ownership is formalized not only for the site, but also for the house located on it. In this case, the rule of a single property complex applies, and both objects are subject to registration. If the territory is quite large, then the owner can use mechanisms for allocating a share. In this case, the house is alienated along with the plot on which it stands, and the shared ownership remains with the previous owner.
How to get a?
Because Currently, certificates are not issued, then an application must be submitted to receive an extract from the Unified State Register of Real Estate. To obtain it, you must contact the Rosreestr branch at the location of the land plot.
Procedure:
- Submitting a request and documents to Rosreestr or MFC. Submitted in person, in the form of an electronic application or through the State Services portal.
- Payment of the state fee.
- Waiting for the request to be processed.
- Receipt of the finished document.
Issued to individuals and legal entities.
Who issues the extract?
There are several ways to obtain an extract - a personal visit to Rosreestr or the Multifunctional Center , contact via mail, online registration.
When visiting one of the services in person, you must fill out an application and attach the required documents.
During the application, the applicant must indicate the cadastral number of the land. When ordering via mail, a citizen sends a registered letter with notification of its receipt.
You can also order an extract online – through the State Services website . Before submitting an application, you must register on the site and create a personal account.
Fill out the application in the appropriate section. After submitting your request, you will receive an email notification about the status of the document. You can pick up the extract at the Rosreestr branch.
Important! If the document will be collected by the applicant’s authorized representative, this fact should be indicated in the request sent.
Required papers and fees
To receive it, you must prepare an application for the service, as well as attach a passport and a receipt for payment for Rosreestr services.
If a document is obtained during the re-registration of rights, and an extract is issued at the end of the procedure, the package is supplemented with a set of documents necessary during the registration of the transaction (for example, a purchase and sale agreement).
The application will not be considered without paying the state fee. Its size depends on the form of provision and the volume of requested data.
For a paper version of the extract, you will have to pay 400 rubles for individuals and 1100 for legal entities (without indicating the coordinates of the boundaries of the site). If coordinates are required, the amount is different - 750 rubles for individuals and 2200 for legal entities.
For the electronic statement form, the fee is lower: for individuals 250 rubles without indicating coordinates and 300 with indication, for legal entities - 600/700 rubles.
Reference! The issuance of an extract will be refused if the request is drawn up incorrectly; the applicant does not have the authority to submit an application. Rosreestr notifies you in writing of the reason for refusal.
Dates of issue
The time for issuing the document depends on the method of submitting the complete package:
- If you visit Rosreestr in person, the completed document will be issued in 3 days.
- Registration of an extract through the MFC or online will take up to 5 days.
- Electronic registration will take up to 3 days.
- When sending a request by mail, the deadlines increase due to the longer delivery of documents.
Through government services.
Interaction through the State Services portal allows you to significantly simplify the process of interaction between departments and applicants. To be able to use the service, a citizen must go through an authorization procedure, which will result in receiving a login and password to enter.
The visitor can receive the following benefits:
- Possession of reliable and up-to-date information about the provision of services;
- Receiving advice and answers to questions through support services;
- Informing about the progress of the procedure through your personal account;
- Possibility of making an appointment remotely at a convenient time;
- Using the capabilities of remote document submission and digital signature.
The corresponding subsection provides complete information about the service for registering land ownership. The user can study the list of required documents, issues of cost and time for completing the procedure.
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How can I restore my proof of ownership?
If the certificate for a land plot is lost, it can be restored.
If the certificate was registered in Rosreestr and recorded in the Unified State Register, you need to contact Rosreestr. If the document for the land was issued by another authority, you must contact them there.
If it is not known which body issued the certificate, you can order an extract from the Unified State Register from Rosreestr.
Through the court, the document is restored in the following cases:
- the property is registered, but the government agency refuses to issue a duplicate;
- the property has not been registered and the rights to it must be recognized.
For this purpose, it is necessary to draw up a statement of claim, collect documents and pay a fee. If the claim is approved, you must contact Rosreestr with an application, passport and court decision.
If the site was provided under an act of a state body, you should contact the archive for restoration. If the object was registered before 1999, you must contact the BTI.
Additional Information! If the owner of the land plot refuses to restore the certificate, he will not be able to dispose of the land in the future, erect buildings on it, clarify boundaries, etc.
Collecting documentation and obtaining a duplicate
To receive a duplicate, you must submit an application - personally contact Rosreestr or the MFC, use the services of the post office or an authorized representative, or order online on the Government Services Portal.
There is no need to pay for the service. A duplicate is issued within 27 days. When submitting an electronic request, the applicant must have an electronic signature. The application and other documents must be certified.
When contacting the owner of the allotment in person, the procedure for providing the service is as follows:
The identity of the applying citizen is established and credentials are checked.- The application is being accepted. At the request of the applicant, the employee fills it out himself.
- The list of documentation and its copies are checked.
- The document is checked for compliance with legal requirements.
- A receipt confirming receipt of the application is issued.
- A record of the receipt of documents is made.
The procedure takes up to 15 minutes.
The application and documents are submitted to the Archives for consideration. If the decision is positive, a duplicate is issued.
The documents you will need are:
- passport;
- power of attorney (if necessary);
- copies of certificates certifying rights (notarial request, will, purchase and sale agreement, etc.).
Only the passport is returned to the applicant.
Difficulties in recovery
If Rosreestr does not have information about the certificate, you must contact the local government authorities. They have committees on land issues - data on owners and plots is stored in the archive.
Restoration of the document may be refused. Causes:
- providing an incomplete list of papers;
- loss of validity of the presented documents;
- the applicant lacks authority to order the service.
Important! The refusal can be appealed in court.
Term and time characteristics.
The time it takes to register property rights depends on several factors. The time characteristics are affected by the speed of preparation of the main package of documents. If we are talking about the need to notify shared owners, then the process can drag on for a month or more.
The time frame for completing the procedure depends on the chosen option for interaction with the agency registering property rights. When applying through the MFC, 9 days are allotted for review and processing of documents, and when submitting documents directly to Rosreestr, the period is 7 days.
The countdown starts from the date the citizen’s appeal is recorded, and only working days are taken into account. Confirmation of the receipt of documents is a receipt indicating the planned date of readiness of the title papers.
