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State registration of transactions. New procedure for state registration of real estate: get it done quickly

To replace the federal law of July 21, 1997 No. 122-FZ "ABOUT state registration rights to real estate and transactions with it" in July 2015, federal law dated July 13, 2015 No. 218-FZ was adopted “On state registration of real estate”.

The new law, which came into force in most respects on January 1, 2017, is aimed at regulation of all government registration procedures various real estate objects, including apartments. According to paragraphs. 1 clause 4 art. 8 of Federal Law No. 218-FZ k types of real estate, information about which must be entered into the real estate cadastre and subject to state registration, include:

  • residential and non-residential premises (including apartment, residential building, room, etc.);
  • land plot;
  • building;
  • construction;
  • parking space;
  • unfinished construction project;
  • single real estate complex;
  • an enterprise in the form of a property complex (or otherwise).

Since 2017 in real estate registration the following has changed:

Documents based on the results of registration, if desired by the applicant can be delivered to the specified address using a courier service. This service is paid.

What will the new law on registration of rights to real estate give?

The new law on registration of rights to real estate creates unified legal mechanism to carry out the procedure for registering rights to real estate, including in this system:

  • cadastral registration;
  • data reception and processing;
  • storage of documentation;
  • issuance of officially registered information.

The entry into force of a normative legal act must simplify registration process. Information requested from the Unified State Register of Real Estate will be provided for more than short period of time in comparison with the period that was envisaged earlier.

The merger of the cadastral chamber and the unified state register contributes to qualitative improvement functioning of the registration system. The register of rights is maintained exclusively in electronic format, data that has been entered into the database cannot be withdrawn or deleted.

The innovations that have come into force are aimed at increasing the level of guarantees rights of real estate market participants, the changes save time for applicants and ensure the efficiency of the work of registration authorities in the Russian Federation.

Pros and cons

The process of introducing innovations was associated with a number of negative aspects:

Despite some problems that arose in connection with the adoption of the law, its creation is aimed at improvement of the registration process, in particular:

  • reducing risks and reducing the level of fraud in the real estate market;
  • reducing the volume of paper document flow;
  • increasing electronic interaction between government agencies;
  • creating comfortable registration conditions;
  • reducing the time required for this legal procedure.

Merger of Rosreestr and the Cadastral Chamber in 2017

On January 1, 2017, legislative innovations came into force that relate to the merger of the cadastral chamber and the state register of rights to real estate (Rosreestr).

This merger of organizations entailed following changes:

  1. Creation common system for accounting and registration of real estate - Unified register.
  2. Replacing the previously existing abbreviation EGRP, which stood for the Unified State Register of Rights to Real Estate and Transactions with It on EGRN, that is, the Unified State Register of Real Estate.
  3. Included in the Unified State Register included blocks that, before the entry into force of the Federal Law of July 13, 2015 No. 218-FZ, were under the jurisdiction of the cadastral chamber and were contained in the register of rights, namely:
    • register of rights to real estate (information about rights, the presence of encumbrances and restrictions on them, the grounds for their occurrence, change, transfer and termination);
    • real estate cadastre (includes basic and additional information);
    • cadastral maps;
    • register cases;
    • books of documents;
    • register of boundaries.

    4. Since July 2016, the certificate of ownership was canceled; instead, an extract from the Unified State Register was issued, which, in turn, has now been replaced extract from the Unified State Register of Real Estate or the transaction is certified registration inscription on the title document.

  4. Records of the united Rosreestr are subject to storage in a special electronic database, With high level security and following a multiple backup process.

The creation of a Unified Real Estate Register allows for simultaneous submission of applications for registration of rights and cadastral registration, which should help save time for citizens and increase the convenience of real estate transactions.

Basic goals of the association cadastral chamber and register of rights are:

  • strengthening guarantees of registered powers of property owners;
  • minimizing the threat of fraudulent activities;
  • reducing risks when conducting operations in the real estate market.

Unified State Register implies a systematized collection of reliable information and data about real estate in text and graphic forms.

Where can I get a cadastral passport from January 1, 2017?

Changes in the legislation on real estate registration, which came into force at the beginning of 2017, do not contain concepts of cadastral passport, while in practice this document still exists, and real estate objects are subject to mandatory cadastral registration.

However, issuance is not provided, at present replaces him extract from the Unified State Register of Real Estate, which contains everything necessary information.

Board size for providing the corresponding extract is (see table):

What matters is that cadastral registration of real estate objects due to legislative innovations, carries out Rosreestr. Basic and additional data about real estate are entered into the cadastre:

  • type of object;
  • cadastral number and date of its assignment;
  • location and number of floors;
  • number of the building or premises, etc.

The documents required for cadastral registration can be submitted by a citizen to any branch of multifunctional centers for the provision of state and municipal services(MFC), regardless of location of the property.

Do I need a cadastral passport to register property rights?

To register property rights, it is necessary to collect certain list of documents, among which are:

  • Certificate of right to inheritance.
  • Solution judicial authority, which has entered into legal force.
  • Contracts of sale and purchase, donations.
  • Orders of municipal and state bodies.
  • Extract from the Unified State Register of Real Estate, etc.

There is no cadastral passport among the above list, since the current legislation does not contain a mandatory requirement regarding its presence upon registration of property rights. All necessary information is contained in the USRN extract.

At the same time, placing real estate on cadastral registration is a necessary condition for registration of ownership rights.

Information about real estate objects, in text and graphic forms, contained in the Unified State Register of Real Estate, is reproduced by compiling cadastral maps. These cards come in two types:

  1. Duty - intended only for use by a specialized registration authority.
  2. Public - available to an unlimited number of people.

Cadastral maps are formed in electronic form and are subject to posting on the official website for free viewing without sending a request.

What is an extract from the Unified State Register of Real Estate and why is it needed?

An extract from the Unified State Register of Real Estate is the main document that confirms ownership citizen for real estate (the abbreviation EGRN stands for Unified State Register of Real Estate).

The corresponding document replaces the previously issued extract from the Unified State Register and cadastral passport, and also includes:

  • Text part (table with data on the property).
  • The graphic part, which is identical to cadastral passport object.

Rights registration authority carries out data entry on real estate objects into the Unified State Register.

It is possible to highlight certain types of USRN extracts:

  1. About the property.
  2. About the main characteristics and registered rights to the property.
  3. On the transfer of rights to a property.
  4. About rights individual for his existing real estate.
  5. On the date of receipt by the registration authority of the rights of application and documents for the state cadastral registration and state registration of rights and others.

This extract is formed from a certain set of documents in relation to one piece of real estate, which are combined into registry case. It is maintained in electronic form, and for storage purposes it is duplicated on paper.

Registration deadlines

In accordance with Art. 16 Federal Law dated July 13, 2015 No. 218-FZ defines specific deadlines for registration of rights and cadastral registration. These time periods are more abbreviated in comparison with those that existed previously and make up:

  • 7 working days from the date of receipt by the registration authority (Rosreestr) of the application and documents necessary for implementation registration of rights(9 working days when submitting documents to the MFC).
  • Within 5 working days, the property will be listed on cadastral registration at the registration authorities (7 working days - through the MFC).
  • Ten days is the period simultaneous cadastral registration and registration of rights with the bodies of Rosreestr, and 12 working days if the documents are accepted at the branches of the MFC.
  • Registration carried out on the basis of a judicial act that has entered into legal force should take 5 working days.
  • Within three days, state registration of rights is carried out on the basis of a notarized transaction and/or certificate:
    • about the right to inheritance;
    • on the right of ownership to a share in common property.

      When submitting documents for registration at the MFC under a transaction certified by a notary, registration period is five working days.

  • A period of seven working days is registered when documents are received at the MFC. If documents are sent through the registration authority, the period is reduced by two days.

For suspension of registration based on the order of the official, a period of 3 months was established (clause 2 of Article 26 of the Federal Law of July 13, 2015 No. 218-FZ), and by decision of the applicant - up to 6 months (clause 1 of Article 30 of the previously mentioned law).

Is it possible to submit documents to register real estate in another city?

Extraterritorial principle filing an application means:

  • Citizens can submit the documents necessary to register rights to a property in any branches government bodies authorized for registration.
  • Applicants are not legally bound to apply to the exact registration authority where is the object itself? real estate.
  • When applying for registration none restrictions related to the place of residence of a citizen or the location of a legal entity, as well as the boundaries of the registration district.

When sending information, using the extraterritorial principle, registration of transactions, encumbrances and restrictions on rights is carried out by the body according to the location of the real estate.

Citizen D. decided to register ownership of a land plot located in the Kaliningrad region and received by him by inheritance. The heir himself lives in the city of Samara. To complete the documents, citizen D. went to the nearest branch of the MFC, where they explained to him the procedure and timing for registering rights.

The authorized official accepted the documents, in confirmation of which citizen D. was given a receipt with a list of the information received and indicating exact date when registration is completed.

The registrar at the reception point created a copy of the received documents in electronic format and sent the information to the registration authority at the location of the land plot. On the day, citizen D. indicated in the receipt received an extract from the Unified State Register of Real Estate confirming ownership, with the inscription: “Registration was carried out at the location of the object.”

The registrar who accepts documents is obliged to check the submitted information for compliance with current legal norms, and also make sure that there are no reasons for returning the documentation without consideration.

Question

Responsibility for incorrectly specified information in the USRN extract

On January 15, 2017, I sent documents to Rosreestr to complete the mandatory state registration of ownership of the apartment. IN specified deadlines I took an extract from the Unified State Register of Real Estate. And upon closer examination of the document, I noticed that my last name was spelled incorrectly. After contacting the registrar, I received a refusal to correct the error. Tell me who's in in this case bears responsibility for the incorrect execution of the document?

Answer

For omissions in the work done, namely:

  • unreasonable delays;
  • refusal to accept documents;
  • technical errors made in the USRN records,

provided responsibility of the registration authority. Damage caused by an authorized government body is subject to compensation from the treasury. Rosreestr has the right to recover the paid amount of damage from a specific official.

You should send a complaint to the head of the relevant registration department; if your demands are not satisfied voluntarily, you have every right to appeal to the judicial authorities.

Before we had time to get used to the fact that an extract from the Unified State Register replaces the certificate of ownership, a lot has changed again since the new year. The Unified State Register of Real Estate will appear, and the main document confirming ownership will be an extract from it.

On January 1, 2017, Federal Law No. 218-FZ “On State Registration of Real Estate” comes into force. The Unified State Register of Rights (USRR) and the State Real Estate Cadastre (GKN) are merging into a single whole called the Unified State Register of Real Estate (USRN).

Officials of Rosreestr, which will be in charge of the Unified State Register of Taxpayers (not to be confused with the Unified State Register of Taxpayers), assure that now registering real estate will become not only more convenient, but also easier.

Transition period

Since July 15, 2016, paper certificates of ownership have been abolished in Russia; they have been completely replaced by extracts from the Unified State Register. Citizens, it seems, have not yet had time to come to terms with this fact, but specialists have gotten used to it without difficulty. Now the next stage is the transition to extracts from the Unified State Register.

At the moment, regional branches of the Federal Cadastral Chamber and the Rosreestr department are verifying the information contained in information resources GKN and Unified State Register. During inspections, discrepancies are identified that must be eliminated.

"It's very difficult task, - notes the acting head of Rosreestr Andrei Pridankin, - but in 2015 we managed to unite 2,500 bases that were used in almost every administrative district. The state cadastre was initially created at the level of constituent entities of the Russian Federation. We have one more step left to take.”

New features

The creation of the Unified State Register of Real Estate will make it possible to combine the processes of registration of rights and cadastral registration: from the beginning of 2017, citizens will be able to submit one common application for both procedures, which will significantly save time. Now these are two different applications that must be sent to Rosreestr and the cadastral chamber.

Another convenience - documents will now be accepted at any department of Rosreestr. According to current legislation, the applicant must contact the territorial authority corresponding to the location of the property. Since 2017, if a citizen purchases real estate in another city, he will not have to go there to register the right - it will be enough to submit the documents to the nearest branch in his city. You can also apply through multifunctional centers.

The USRN databases will be stored electronically, and backups will ensure the safety and protection of data. Also new registry will serve as an archive for all information relating to real estate. According to the new law, data cannot be deleted or seized from it.

They promise to make the notification process more technologically advanced: Rosreestr will be in mandatory notify property owners of all applications for registration of rights regarding their real estate. I would like to believe that this will help reduce the number of housing scams.

New forms

But let’s return to the extract from the Unified State Register of Real Estate, which will now be the main document confirming a citizen’s ownership of an apartment. There are several forms of extracts from the USRN, all of them have already been approved by order of the Ministry of Economic Development of Russia dated June 20, 2016 No. 378. In particular, the order introduces:

Form of an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property;

Form of an extract from the Unified State Register of Real Estate on the transfer of rights to a property;

Form of an extract from the Unified State Register of Real Estate on the rights of an individual to the real estate he/she has;

Form of an extract on the date of receipt by the rights registration authority of the application for state cadastral registration and (or) state registration of rights and documents attached to it;

Procedure for filling out approved forms.

At the same time, it was determined that the information contained in the Unified State Register of Real Estate is provided in the form of a cadastral plan of the territory, notices of the absence of information about persons who have received information about the property, certificates of persons who have received information about the property, notices of the absence of the requested information in the Unified State Register of Real Estate, decisions on refusal in providing the requested information.

Information contained in the Unified State Register is provided by Rosreestr (or a federal budgetary institution subordinate to it) in the form of an electronic document or in the form of a paper document, in the form of a copy of the document on the basis of which the information was entered into the Unified State Register, extracts from the Unified State Register or in another form determined Ministry of Economic Development of Russia. According to the Law “On State Registration of Real Estate,” information contained in the Unified State Register of Real Estate, with the exception of information to which access is limited by federal law, is provided by the rights registration authority at the request of any person.

New prices

Order of the Ministry of Economic Development of Russia dated May 10, 2016 No. 291 approved prices for providing information contained in the Unified State Register of Real Estate. They have grown compared to the Unified State Register.

Thus, the cost of an extract from the Unified State Register of Real Estate in the form of a paper document for individuals will be 750 rubles, for legal entities- 2200 rub. For providing an extract in electronic form, the fee is less (this applies to all forms of extracts): 300 rubles. for an individual and 600 rubles. for legal. Tariffs come into force from 01/01/2017.

Let us remind you: currently the fee for providing an extract of registered rights to a property in paper form is 200 rubles. for individuals and 600 rub. for legal entities, in electronic form - 150 and 300 rubles. respectively.

An extract from the Unified State Register of Legal Entities recognizing the copyright holder as incompetent or partially capable will cost an individual 950 (paper) or 400 (electronic) rubles.

Extract on registered agreements of participation in shared construction for individuals - 1500 and 700 rubles, for legal entities - 2950 and 1400 rubles.

And finally, an extract on the contents of title documents - 600 and 400 rubles. for “physicists” and 1700 and 800 rubles. for legal experts.

New terms

Rosreestr officials promise to speed up the registration process. In fact, what else can they do if strict deadlines are prescribed in the law.

Starting next year, registration of rights will have to be carried out within seven days. No more than five days are allotted for cadastral registration. If the application is submitted simultaneously for both registration and registration, Rosreestr is obliged to do so within ten days. Please note that the new deadlines are almost two times shorter than those currently in effect.

The deadline for providing an extract on a property starting from 2017 is three working days.

Some difficulties

How it will work new system in practice, today one can only guess. There is evidence that bringing all data to a single denominator is difficult. Of course, it is possible that the registry, which contains information in different formats, will function like a clock. But there are also nuances that make you think about the quality of information. Here is, for example, a conflict: in St. Petersburg (and not only there) rooms in communal apartments are counted as shares in the right, in Moscow and in most other constituent entities of the Russian Federation - as real estate... How Rosreestr is going to unify this data is unknown.

And here’s how realtors comment on the immediate prospects on forums: “The day before yesterday, on duty, I spoke with an employee of Rosreestr. The bottom line is: everything will be fine, but not right away; V transition period Any surprises are possible during registration actions.”

The management of Rosreestr, in turn, is concerned about the new, stricter deadlines for registration. And most recently, it approved intradepartmental unified schemes of technological processes for the provision of public services for registration of rights and cadastral registration. Anyone can familiarize themselves with these “road maps” for passing documents. DOWNLOAD

As an example, we took an intradepartmental unified scheme technological process“Implementation of state cadastral registration and state registration of rights to real estate and transactions with it”

In 2016, radical changes took place in cadastral activities, affecting the law on the real estate cadastre, the law on real estate registration and many other acts. Also accepted new law on cadastral state valuation, coming into force in 2017.

Here you will learn about the main innovations and what they may mean for property owners, as well as organizations offering cadastral services.

Cadastral valuation will be transferred from private enterprises to budget ones

According to the new law No. 237-FZ, only budgetary institutions. Commercial enterprises will not be able to independently assess the cadastral value of the property.

This activity is considered high-tech and requires a general methodological approach. Also, the assessment should be accompanied by regular monitoring of market prices and verification of all information about the property. According to legislators, private appraisers do not have access to the necessary data. In addition, they are responsible for their work solely under a guarantee, which blurs the responsibility between the service provider, as well as the appraiser and SRO.

A new real estate register (USRN) has been formed

Information on cadastral registration of property and registration of rights to real estate will be contained in unified system accounting and registration. The register will include the data that until 2017 was contained in the real estate cadastre and the Unified State Register. The new register will include: a cadastre, a register of real estate rights and a register of boundaries.

The register will now be maintained only in electronic form. This does not apply to register files, which will continue to be kept on paper.

A special system will be created to maintain the register

A federal state information system has been developed to maintain the register. The operator of this system is Rosreestr. It is within his authority to form and use it.

Only Rosreestr will keep records and register rights.

Rosreestr will exclusively maintain cadastral records and register rights. These functions are prohibited from being transferred to other institutions, even subordinate institutions. Until 2017, registration of rights is handled by Rosreestr, and cadastral registration by the Cadastral Chamber.

Amounts of payment for obtaining information from the Unified State Register of Real Estate

Order of the Ministry of Economic Development No. 291 of 2016 determined the amount of payment for obtaining data from the Unified State Register of Real Estate through the use of the Rosreestr information system. These innovations will take effect from the beginning of 2017.

For example, for viewing information from the register, citizens will have to pay 320 rubles, and organizations - 640. For viewing information, including the ability to generate a document, citizens will pay 400 rubles, and organizations - 800.

The procedure for filing an application for cadastral registration and registration of rights has been changed

Previously, any person could submit an application for cadastral registration of a created plot or a constructed building (structure). From 2017, the list of persons will be limited. It will depend on how accounting and registration are maintained - together or separately.

The application can be submitted by:

  • The owner or possessor of the plot of land on which the building is located (if accounting and registration are carried out together).
  • The authority or Rosatom that approved the commissioning of a capital structure (if the property is registered, but the right to it is not registered).

Another innovation is that if you apply in person, you can submit an application in any city in Russia, regardless of the location of the registered object. That is, if you live in Moscow, but register land in your name Krasnodar Territory, then you can submit an application to Rosreestr at your location.

Organizations no longer need to submit constituent documents

For cadastral registration and registration of rights of an organization, it will not be necessary to submit constituent documents, since Rosreestr will begin to request them independently, within the framework of interdepartmental interaction. Although, at the same time, a legal entity is not prohibited from filing papers on its own initiative.

The period for cadastral registration and registration of rights has been reduced

Now Rosreestr registers an object and registers rights in ten working days. Starting from 2017, the period will be:

  • Five days - cadastral registration;
  • Ten days - simultaneous accounting and registration;
  • Seven days - registration of rights.

When submitting an application through the Multifunctional Center, two days will be added to the deadline.

New deadlines for registering a mortgage agreement

The old deadline will remain only for the registration of a residential mortgage agreement, and will continue to be five working days.

Mortgage agreements for plots of land, buildings, non-residential premises or parking lots will be registered within seven working days (not fifteen, as was the case before the changes were made).

However, if a mortgage agreement certified by a notary is registered, the period will be reduced to 3 working days.

Cadastral registration and registration of rights can be carried out both simultaneously and separately

If there is no information about property in the register, then it will be registered and registered at the same time, which was previously impossible. You can also register and register your rights at the same time:

  • When constructing structures or forming a plot of land.
  • When a registered object ceases to exist.
  • When a part of the real estate is formed or ceases to function, with restrictions on rights and encumbrances subject to registration.

Rights to property, data about which is present in the register, will be registered without cadastral registration (for example, transfer of ownership or confirmation of rights that arose previously).

In addition, cadastral registration is possible without simultaneous registration of rights:

  • When erecting a structure on the basis of approval for the commissioning of a capital facility received from the government authority or from Rosatom.
  • Upon termination of the existence of real estate, the rights to which are not registered by Rosreestr.
  • When the main characteristics of real estate change.

There will be only one reason for refusing to accept an application

Rosreestr will refuse to accept papers if the applicant’s identity cannot be reliably determined (they have not been presented with an identification document). The law does not provide for any other reasons.

In what situations will documents be returned without consideration?

The list of reasons for refusing to consider an application has now been clarified:

  • The electronic application and documents do not comply with the format specified by law.
  • The papers contain erasures, additions, crossing-outs, corrections, and damage.
  • There is no signature of the applicant.
  • IN information system there is no information about payment of the state duty or a receipt confirming payment.
  • The register states that it is impossible to register a transfer, restriction of rights and encumbrance without the direct presence of the owner or representative.

Real estate can be registered and rights registered without the participation of the copyright holder

They can now register property and register rights without the participation of the owner or possessor - within the framework of interdepartmental cooperation. Authorities, courts, and notaries will now be able to submit applications to Rosreestr.

  • Authorities - if it is decided to approve the results of a cadastral state valuation, establish or change the permitted use of a plot of land, assign it to a certain category of land or transfer a plot of land from one category to another.
  • FMS - data on changes in information about a citizen.
  • Federal Tax Service - data on changes in information about enterprises and individual entrepreneurs.
  • Courts or bailiffs - a certified copy of the act.
  • Notaries - information on the issuance of inheritance certificates.

Car spaces will be registered in the cadastral register as separate objects.

Car spaces are parts of buildings or structures that house transport (simply - parking lots). Now they will be registered, and the rights to them will be registered as separate real estate objects.

Previously, the owner of the parking lot could not be allocated his share in kind. The right to parking was registered only in the form of a share in the common ownership of the building or premises of which the parking is a part. And the size of the share was calculated in proportion to the size of the parking lot.

Since 2017, the owner of a parking space has the opportunity to register the right to it by allocating a share in kind and registering the parking lot as an independent object.

A single real estate complex and an enterprise, as a property complex, will also be registered as separate objects.

According to the cadastre law, information about complexes is not taken into account. At the same time, the rights to them must be registered, which cannot be done without registering them with the cadastral register. Accordingly, the complex is accounted for as a structure, and the buildings that are part of the enterprise are accounted for separately.

Cadastral registration of the complex and registration of rights are possible in the following cases:

  • Completion of the construction of real estate for which operation in the form of such a complex is permitted according to the project documentation.
  • Associations of objects with a single purpose and inextricably (physically or technologically) connected or located on the same plot of land.

Registration of ownership of an enterprise as a complex is permitted only after each object included in its composition has been registered.

If you want to know more details about these innovations, you can get a consultation by calling +7 495 929-70-60. If you do not want to delve into all these changes, order the necessary cadastral and registration services from our company, and specialists will do everything necessary work without your direct participation, taking into account all legal requirements.

A new law regarding state registration of real estate has come into force. Now registering with the cadastral register will be much easier and faster. Experts assure that Russians can submit applications and documents for real estate registration today and will notice significant changes.

Let's tell you what new the new law brought.

The procedure for registering objects for cadastral registration in 2019

Law federal level number 218 brought the following changes:

1. Only Rosreestr became the registering authority

Rosreestr specialists will be required to conduct state registration of real estate objects.

Territorial departments of the service will accept applications and documents and transmit information to the main body. They will also be able to make corrections and provide the necessary information on paper media citizens.

These functions will not be assigned to other structures.

2. A single database will appear

The Unified Real Estate Register will not be updated, but completely new. It will arise on the basis of information that was previously provided by property owners to the Rosreestr service.

They plan to take additional information about objects from the state cadastre.

It is known that the database is currently being developed. It includes detailed information about real estate objects - for example, about the exact boundaries, existing encumbrances, possible owners.

The register is maintained in electronic form. But this does not mean that registry matters will also be carried out in electronic format. Hard copies will be available. Any citizen interested in checking information on their property can receive a paper copy of documents.

They say that real estate transactions will be faster and more convenient. New base data will help facilitate the process of registering rights and registering real estate. These are two different procedures that are usually performed at the same time. Now a citizen will be able to register an object, register it and receive an appropriate document confirming his ownership.

The new base will be more reliable. It is noted that the system high degree security, which allows you to save and protect data securely. The innovation reduces the threat of fraud and reduces the risks of operations associated with the sale of real estate.

3. We expanded the list of objects subject to registration

The list now includes not only individual buildings and plots of land, but also property complexes.

WITH legal point In view of this, specialists will be forced to delimit the enterprise into several separate structures, which are then registered. This method will increase the costs required for the operation and also complicate the registration procedure.

There is no clear position on this issue. But in practice, experts adhere to the following principle: if the complex is located on the same plot of land, then the registration of the object must be formalized, and it does not matter in what way.

From the list of objects excluded subsoil areas. Such land will not be affected by registration operations.

4. New in the registration procedure

According to the law, Each property will have its own cadastral number- regardless of whether the property rights have been registered.

This is especially true for objects that have not yet been registered in the state cadastre.

A Rosreestr specialist can register an object and register ownership - that is, carry out simultaneous registration - in the following cases:

  1. The facility is being put into operation.
  2. A new site and building appeared.
  3. The owner became a new citizen.
  4. The object was destroyed, demolished, etc.
  5. The structure has been changed, for example, if the boundaries of the site have changed.

Objects that were already included in the old register will not undergo the registration procedure. Newly submitted data about them will be entered into a new database.

Let us remind you that a certificate of ownership is no longer issued. Only an extract from the Unified State Register is made, and from January 1, 2017 - an extract from the Unified State Register.

The procedure for submitting an application and documents - for what reasons can a request be rejected?

Let's look at the procedure for citizens to contact Rosreestr, and what has changed:

  1. You can make a request to register a property at any office of Rosreestr or a multifunctional center, regardless of the address of the property. For example, living in St. Petersburg, a citizen can register a plot of land acquired in Volgograd. He will not need to go to Volgograd specifically for this.
  2. The application can be submitted not only by the owner of the property, but also by a representative of the municipality or an official who issues permission to put the facility into operation.
  3. 3. Registration of the service can take place via the Internet. The system will operate according to the example of the government services portal. A citizen who decides to register real estate will have to register on the portal, order a service, pay a fee and appear on the appointed day at the Rosreestr or MFC office, or can simply receive an electronic document by mail or by courier (this service will be paid).
  4. Representatives of organizations will no longer need to provide certified copies of documents. Simplification of the procedure has become possible, since the powers of the authorities will include requesting constituent, registration, and organizational papers.
  5. The list of documents may vary, as there are several laws on real estate. Citizens who apply are advised to submit all documents that are necessary for registration and accounting, regardless of whether they are specified in the laws or not.
  6. New reasons for refusal to accept the application and documents were established. These include, first of all, the impossibility of personal identification, as well as an incorrectly written and executed application, with errors, corrections, without a signature, etc. Another important fact is payment of state duty. If the authorities do not receive information about the payment made within 5 days from the moment the citizen applies, then the documents and application will also be returned.

It is worth paying close attention to the new requirements when submitting documents, and it is especially important to write and complete the application correctly.

As a rule, the application form is issued at the office of Rosreestr or the MFC when a citizen applies.

Deadline for registration and registration of real estate

The period for registering and registering real estate has changed.

Now several working days are allocated for various operations:

  1. For cadastral registration, a specialist will have to spend 5 days.
  2. To assign a cadastral number to an object and at the same time carry out registration, you will need 10 days.
  3. Amendments and recordings of real estate titles may be required. 7 days.

Remember, if you prepare documents through a multifunctional center, the period increases by 2 days.

Upon completion of registration, the applicant will receive extract from the Unified State Register of Real Estate.

If an agreement or other transaction has been registered, then a corresponding inscription from a Rosreestr employee should appear on the document.

So far, the opinion of experts and Rosreestr specialists is ambiguous. Of course, it’s good that the registration and registration procedure will take less time, but such efficiency can lead to errors and a heavy burden on Rosreestr specialists.

In the coming 2017 for property owners The Russian government has prepared many surprises. Among them - fines for hiding apartments from the tax authorities, abolition of privatization, courier delivery of documents on registration of housing rights and new fines for concealing purchased apartments and houses, and others.

Car spaces will be transferred to private ownership

Several laws will come into force in 2017, which make significant changes to real estate transactions. For example, new status will be received in parking lots. Until December 31, 2016, such areas could not be allocated to private property, since each parking space was considered a fragment of common property. Any attempt to divide property rested on the fact that Civil Code there was no term “car space”. From January 1, 2017, such a definition will appear (corresponding amendments are introduced by Federal Law No. 315. From January 1, 2017) and sites for storing cars will be equated to other real estate objects.

So, from 2017, car owners will have the right to independently dispose of parking spaces - we're talking about about free-standing parking lots, which are usually built next to residential buildings, as well as about underground garages, which are located under apartment buildings. Russians could not allocate a parking space in such locations into a separate property:

By assigning a separate status to a parking space, owners will be able to register ownership, which will give them the opportunity to sell, donate and change objects without regard to their neighbors.

You can't hide a new house

In 2017, the fine that you will have to pay for failure to report your real estate to the Federal Tax Service (FTS) will change. In the current version of the Tax Code (TC), this fine is equal to 5 thousand rubles for the first failure to report and 20 thousand rubles for a repeated violation: the corresponding norm is prescribed in Article 129.1 of the Tax Code. From January 1, the fine will be 20 percent of the amount of property tax, which must be charged to the owner who concealed the fact of owning real estate from the tax authorities.

It is easy to calculate that in many cases the penalty will be reduced: in order for the 20 percent fine to reach the 5 thousand rubles provided for in the 2016 edition, the total amount of property tax must be 25 thousand rubles. This is much higher than the typical tax on one apartment or house in Russia - the amount of the fee depends on the size and location of the property, but the average value is usually in the hundreds of rubles.

What to do if you haven’t received a notification from the tax office

And one more important point: the owner’s liability occurs only if the Federal Tax Service did not assess the tax independently. Usually the Federal Tax Service learns that a person has acquired property new apartment or at home through interdepartmental interaction - that is, directly from Rosreestr. In the “communication” between two government agencies, sometimes there are failures - and the Federal Tax Service does not receive data on citizens’ acquisitions. Taxpayers bear responsibility for the uncoordinated work of the two departments: if 30 working days before October 1 they have not received a notification from the Federal Tax Service about the need to pay tax, then the owners will have to personally go to the tax office with title documents for the apartment, according to a message on the official website of the service.

It is now possible to register a property for cadastral registration in one institution

One of the main innovations of 2017 will be the entry into force of Federal Law No. 218 “On State Registration of Real Estate”. This law combines the functions of Rosreestr and the Cadastral Chamber: from January 1, it will be possible to register a property in the cadastral register and register ownership (for example, when buying and selling or when donating a house) in the same institution. Previously, this was done by two different government agencies.

The merger of Rosreestr with the Cadastral Chamber has already caused difficulties with registering transactions in December 2016: according to information from Business FM radio, in certain regions of Russia Rosreestr has suspended accepting documents for registration of rights due to the transition to a new electronic system accounting of transactions.

From January 1, all real estate transactions will be recorded in the Unified State Register of Real Estate (USRN)

Actually, electronic accounting is another innovation for the coming year. From January 1, all transactions will be recorded in the Unified State Register of Real Estate (USRN) - a virtual database without a paper counterpart. The new database will simultaneously perform the functions of an archive and a guarantor of compliance with property rights. According to the logic of the authors of the law, electronic accounting will reduce bureaucracy and also insure Russians against mistakes associated with the loss of important documents.

The transition to an electronic system will allow you to process documents faster. Instead of ten working days, during which government agencies are required to formalize transactions today, in 2017, cadastral registration will be reduced to five days, registration of rights to a property - to seven days, the statement says. Federal law No. 218. If a person decides to order both services at the same time, the registration period will remain the same - ten days (12 when contacting a multifunctional center). In 2017, you will have to wait three days instead of five for an extract from the Unified State Register of Real Estate.

From January 1, 2017, the “courier delivery” item will appear in Rosreestr forms

According to the new legislation delivery can be ordered necessary documents on real estate for a house. Previously, you had to come in person to get documents, and the only alternative was to issue a notarized power of attorney, and the recipient of such a power of attorney still had to come to Rosreestr and independently stand in line for the documents. Now this “duty” can be avoided - of course, for an additional fee.

An equally resonant innovation will be the extraterritorial registration of transactions. In practice, this means that you can submit documents to transfer rights to real estate at any branch of Rosreestr in Russia - regardless of where the house or apartment is actually located. In other words, from 2017 it will be possible to sell a dacha in Dagestan while in Yakutia, and to donate a plot of land in the Arkhangelsk region - in a branch in Yamal. The completed documents will be issued at the same office where the applicant applied.

Free privatization cancelled?

Let us recall that the free privatization of housing in Russia has been extended many times: the latest extension delayed the completion of privatization. Apparently, this deadline will be final: in the fall, the Minister of Construction and Housing and Communal Services Mikhail Men announced the completion of free privatization. However, the authorities have two more months to change their mind. If by the end of winter a law is not passed in Russia extending the free privatization of housing for another year, then the registration of state apartments as personal property ends on February 28, 2017.

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