In our country, registration of capital and land real estate is carried out by Rosreestr. All real estate is recorded in the Unified State Register of Real Estate, where a unique record is created for the entire existence of the property. Owners must comply with mandatory registration requirements, otherwise they will not be able to legally dispose of their property. To register an apartment in the cadastral register, you will need to strictly comply with the current regulations and legal norms.
Why register an apartment in the cadastral register?
Federal Law No. 221 obliges to enter information into the federal register obtained as a result of legal transactions on real estate. Rosreestr registers the apartment in the cadastral register, thereby legitimizing the ownership of the property. Recording new data in the cadastre informs the state registrar that the object has an owner, and the technical characteristics of the object are relevant at the time of application.
Registration of an apartment for cadastral registration provides the following disposal options:
- sell, donate, bequeath, lease;
- use as collateral for lending;
- take out an insurance policy;
- obtain a mortgage loan;
- carry out redevelopment and reconstruction;
- participate in privatization;
- resolve disputes in courts and appeal to supervisory authorities.
Each registered object is assigned a unique cadastral number, which is retained when owners change. This feature allows you to trace the circulation history of an object from the moment the initial entry was made. For the state, cadastral registration of apartments and other property assets is necessary to determine the cost characteristics that are used for taxation of citizens. The formula for calculating land and property taxes uses the cadastral value of the property.
Information about why the apartment was removed from the cadastral register is provided upon request. This is possible as a result of cessation of existence: destruction due to dilapidation, fire, flood or other force majeure circumstances. To delete a record, you will need to provide official confirmation of the impossibility of operation.
When a deal cannot be concluded remotely
Some transactions cannot be completed remotely. For example:
- transactions involving minors;
- alternative transactions with several participants (each such transaction must be registered separately).
In addition, some transactions by law require the mandatory participation of a notary, so it is impossible to conduct them completely remotely. For example:
- alienation of a share in an apartment;
- transactions with real estate that belongs to a minor or a citizen of limited legal capacity;
- transactions in which property is managed by a guardian under the condition of trust management.
Cadastral extract - the main document for real estate
Legal rights to property are confirmed by an official document of a single form, which displays summary information about the object. Currently, an extract from the Unified State Register is being issued - confirmation that the object has been registered and entered into the register. Characteristics of the cadastre, emergence and transfer of rights, information about owners and the presence of restrictions are reflected in the extract.
The engineers of the cadastral division make changes to the unique USRN record every 5 years. If during this period there were transactions with property, then the owner of the property must independently provide data to adjust the account. Upon request, information is provided not only to the copyright holder; third parties in the public space can obtain information, but with certain restrictions.
To reduce the risk of financial losses, before conducting transactions, it is recommended to find out whether the apartment is registered in the cadastral register. In the absence of information on the real estate, the applicant will be notified.
Sequence of steps for registering housing
Starting from 01/01/2018, the state databases of the State Property Committee (Cadastre) and the Unified State Register (rights) merged; now data on capital and land real estate is entered and controlled in the Unified State Register of Real Estate. The registration procedure must be carried out by the owner or his legal representative who has officially confirmed authority. Making an entry in the register is free of charge; a fee is charged for registering a right.
To complete the procedure you will need:
- technical plan completed by cadastral engineers of BTI or accredited organizations;
- a package of necessary documents, the list of which is established by the registrar;
- standard application and applicant's passport.
Documents for registering an apartment with the cadastral register are necessary not only for property transactions. For example, redevelopment carried out, long-term rental of living space, or seizure/removal of arrest by court decision will also require adjustments with confirmation attached. A common encumbrance in the form of a mortgage agreement is also noted in the account, once payments are completed, the mark is removed when bank confirmation is provided.
Based on the results of the review, the applicant will receive an extract from the Unified State Register or a reasoned refusal. The first stage of registration ends with the registrar issuing a receipt listing the materials taken for work and indicating the date of completion of the work.
Registration of an apartment for cadastral registration in a new building has certain features: first, the developer of an apartment building must register and put the facility into operation. Separate living space purchased, for example, under the DDU, cannot be registered as property until this moment. As a rule, cadastral registration of an apartment in a new building is carried out by representatives of the developer in compliance with the required formalities. At this stage, controversial situations may arise, for example, regarding a discrepancy between the footage in the documents and in fact, which will delay the registration of the new building.
To register a privatized apartment in the cadastral register, additional data on living space will be required. The citizen must provide the received privatization agreement and an application for the transfer of living space into ownership, signed by the head of the municipality.
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.
How to submit documents
You can send an application to Rosreestr in electronic or paper form. In the first case, the sender must endorse his request with an electronic signature. If papers are sent by registered mail, then each sheet must be notarized.
The application and documents for cadastral registration of an apartment will be accepted in several government agencies:
- in the offices of Rosreestr and the cadastral chamber;
- in multifunctional centers;
- on the State Services website;
- at post offices.
Citizens can order on-site services if they are unable to visit the office in person due to health reasons or arrange a postal item.
If the employees accepting the application do not have any comments on the registration, then making an entry in the register, as well as registering the right, can be carried out simultaneously. It is enough to choose the most convenient method for the owner, fill out the application correctly, and attach supporting documentation.
The information displayed in the Unified State Register is current at the time the service is provided. If a transaction with property is planned over time, then at the request of the second party, data is again requested for a date close to the transaction. Interested parties are not limited in receiving information; this can be done repeatedly for a fee.
Before the transaction, it is important to check whether the apartment is registered in the cadastral register, what its characteristics are, and whether the seller is the owner, since we are talking about significant sums. Any questions you may have can be asked to the registrars before the start of the procedure so that the information is accepted the first time and without returning for revision. The previously issued certificate remains significant, but is gradually leaving civil circulation. The submitted information must be carefully checked and supported by documents in order to put the apartment on the cadastral register without the slightest inaccuracies or doubtful aspects.
Electronic digital signature
You can complete a transaction online only using a qualified electronic digital signature (CES).
A document that is signed by the CEP has the same legal force as if the person signed it with his own hand.
You can obtain a CEP from an accredited certification center (ACC). To obtain a CEP you will need an application, passport and SNILS. An ATC employee will necessarily identify the citizen using the submitted documents. According to the new rules that came into force on July 1, 2021, a citizen has no right to send a representative in his place, even if the representative has a notarized power of attorney.
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Document processing time
According to the service regulations of Rosreestr, the terms for providing the service are 5-12 working days. Submitting information through the MFC takes a little longer to complete a similar operation, but there are also restrictions on the maximum period for consideration. When applying online, the application is accepted for processing without any time of day restrictions. This option is also convenient because the duty on services is reduced by 30%.
While checking the submitted information about the occurrence, transition or other changes in the account, the client will receive SMS notifications about the progress of the work. The registrar provides a service for sending notifications to a confirmed email. A ready-made extract about the main characteristics and rights to living space is issued at a time convenient for the applicant at the government agency of his choice.
If desired, you can arrange for courier delivery of the extract, send it by mail to the applicant’s address or via the Internet to e-mail. When submitting an application, you will need to indicate a convenient form for receiving the result.
Reasons for refusal of registration
Situations in which the service cannot be provided are listed on the official website of Rosreestr. A formal check is carried out upon receipt of the package, when discrepancies in passport data, blots and dashes in the application will require you to fill out the application form again. A typical example of a refusal to process data is an expired passport of the owner or similar annoying inaccuracies.
When an inspection is carried out, more serious circumstances may come to light:
- the person does not have the right to dispose of property;
- discrepancies have been identified between the owner entered in the register and the person conducting the operation;
- the data provided is incomplete, unreliable or previously declared invalid;
- the transaction is declared invalid and the transfer of rights is impossible, etc.
Postponement of the procedure until controversial circumstances are clarified or a complete ban on registration actions is also possible for other reasons. In any case, the applicant will receive a notification indicating the reason for the refusal and possible ways to correct the situation. If a citizen does not agree with the registrar’s conclusions, then he has the right to defend his interests in court.
