Registration of ownership of real estate. Registration of ownership of the apartment

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

According to the current legislation, the ownership of real estate is subject to mandatory registration with the relevant authorities. This applies to houses, apartments, offices and other residential and commercial premises. Therefore, after the transaction for the alienation of the object or upon completion of its construction, it is imperative to go through this procedure.

Registration Service

Currently, the only body carrying out this procedure on the territory of the Russian Federation is Rosreestr. The full name of the organization is the Federal Service for State Registration, Cadastre and Cartography. It is represented in all subjects of the federation and works with citizens at the location of real estate.

Until 1998, several structures de alt with this issue. The land was registered separately in special committees, and the buildings - in the BTI. Subsequently, the functions were transferred to a single service, which currently manages all real estate objects withoutexceptions.

Who collects documents

All necessary papers are submitted to Rosreestr by the owner (he can be both a private person and a legal entity) or his representative. Their list largely depends on the type of object and the method of entry into the property. When it comes to individual construction, this issue is de alt with directly by the owner or a specialist hired by him. In the case of purchasing an apartment in the primary market, the developer is responsible for collecting documents, and in the case of a property transfer transaction, the notary is responsible. If the alienation of property occurs without his participation (this is allowed at the legislative level), at the request of the owner, he can deal with all issues related to registration on his own or resort to the help of specialists in this field. The new owner will be able to dispose of the property only after the completion of this procedure.

Registration of ownership of real estate - the operation is not too complicated, but bureaucratic. Each case requires its own list of required documents. For this reason, most citizens prefer to pay an intermediary and shift all the hassle onto his shoulders. If the owner decides to carry out the procedure on his own, first he needs to find out what certificates will be needed for this and where they are taken.

List of documents

As mentioned above, it largely depends on how exactly the ownership of real estate arose, and what specific object is in question. On practiceprivate individuals most often deal with housing: apartments, houses or suburban buildings. Based on this, it is possible to single out several generalized registration options for individuals who have to deal with. Firstly, these are land plots (for individual construction or gardening). Secondly, houses. Third, apartments.

The emergence of ownership of real estate may be due to its transfer from another person (seller, donor or testator) or primary (for example, building a house). When applying to Rosreestr, regardless of the type of object and other nuances, it will be necessary to present a civil passport. It does not hurt to prepare a copy of it (or rather a few), it can also come in handy. You will also need a receipt for payment of the state fee. Details and the amount, as a rule, are placed on the information stand. When submitting documents, fill out an application in a special form. It is taken at the representative office or on the official website of Rosreestr.

Registration of ownership of land is carried out on the basis of a cadastral passport. A contract of sale, donation, exchange, a certificate of the right to inheritance or a court decision can act as a title document. You will also need a certificate of absence of buildings (if there are none), a deed of transfer (drawn up by the parties to the transaction in a simple form), sometimes the consent of the spouse of the new owner, certified by a notary, is required. In case of initial registration with Rosreestrit is necessary to provide a resolution on the transfer of ownership of the site (it is issued by the local government).

As for houses, the list of papers can be much longer. Registration of ownership of real estate takes place on the basis of a cadastral and technical passport (these are different things), as well as a title document (contract of donation, exchange, sale, etc.). In the absence of the latter (if we are talking about a recently commissioned house), it is not provided. Country buildings intended for gardening (dachas) are registered according to a simplified scheme - in a declarative way, without the participation of the BTI. The owner only needs to fill out a special form, where he independently indicates all the necessary characteristics.

Registration of ownership of the apartment

This is the most common action performed by individuals in the bodies of Rosreestr. If we are talking about the secondary real estate market, then the owner should have all the documents necessary for this procedure in his hands as a result of the transaction. Firstly, this is a technical passport (it is transmitted by the former owner of the apartment). Secondly, the title document itself (notarized or drawn up in a simple written form). In the latter case, 2 more documents will be needed: the act of acceptance and transfer of the object between the parties to the transaction and the consent of the spouse to complete it.

It should be noted that the registration of ownership of the apartment may require additional information, which will be reporteddata processing specialist. Only an experienced specialist in this field can foresee all the nuances in advance.

About timing

According to the current legislation, registration of ownership of real estate must be carried out no later than one month from the date of submission of documents. In practice, in some localities it happens much faster (from 10 to 14 days), while in others it is delayed. In the latter case, the actions of the registrar may be challenged in court. However, this makes sense only if the full package of documents is submitted, since the allotted time is considered from the moment the registrar receives the last certificate from the list.

About resellers

Since the registration of ownership of real estate is a rather painstaking process and requires careful preparation, it is sometimes not very easy for an ordinary citizen. If a person has never encountered this issue, he simply does not understand where to get this or that certificate, where to go and what to do. Therefore, there are many specialized firms offering their services for registering real estate. Some of them help in the collection of documents, others represent the interests of the client in Rosreestr. There are also those who accompany the transaction, starting with the search for a property and ending with the registration of ownership.

Undoubtedly, such assistance can be useful to many, especially since the prices of intermediaries are generally very acceptable. The main thing is not to trysave on them by contacting a dubious company, guided only by the cost of the services of its employees. Unfortunately, scammers are not uncommon in this area.

Registering an apartment purchased on the primary market

After the house is accepted into operation by the state commission and the BTI, the developer prepares documents for each specific apartment. As a rule, employees of the company independently register the ownership of the name of the client and transfer the finished documents to him. In some cases, this is an additional fee, in others - the service is included in the price of housing.

Registration of ownership of an apartment purchased on the primary market can be done by the owner himself. To do this, in addition to your passport and a receipt for payment of the state duty, you need to provide a completed application, an agreement with the developer and an act of acceptance and transfer of the apartment (signed with him). If everything is in order with the documents and no errors are found in them, within a month the owner will become the full owner of the property and receive the appropriate document.

Registration when registering an inheritance

This question interests many citizens. In particular, is it possible to carry out the alienation of the object immediately after receiving the certificate? Having inherited a house or its share in a foreign city, the owner often tries to immediately sell or donate it. However, this is possible only after its appropriate registration. Unfortunately, the law does not provide for the implementation of several transactionsat the same time, including the entry into the inheritance. Registration of real estate ownership in the bodies of Rosreestr is a procedure without which it is not considered completed. For this reason, the heir will first have to arrange everything as it should be, and only then dispose of the property.

Property of legal entities

In principle, there is no big difference between registering real estate for a company and for an individual. Documents are submitted and processed in the same way. True, their list can be a little longer. In addition to all standard certificates and papers related to the object itself, the owner's documents are presented to Rosreestr. For a legal entity, these are copies of the charter and certificate of state registration. They can be notarized or authorized by the company itself. Depending on the form of ownership and type of activity of the enterprise, additional information may be required. Documents are submitted by a person who has the right to sign, according to the charter, or acting on the basis of a power of attorney.

Real Estate Disputes

Unfortunately, they happen quite often. We are talking about relatives who did not share the inheritance, and about former spouses during a divorce, and about co-owners of the enterprise, and just about neighbors. Recognition of ownership of real estate in a judicial proceeding is carried out in the event of its contestation or division of property, when a voluntary settlement of the issue is not possible. The outcome of such an investigation may bea court decision depriving one citizen of the right of ownership and transferring it to another. It is also subject to mandatory registration with Rosreestr, along with a contract of sale or exchange. This must not be forgotten, because otherwise the new owner will not be able to fully dispose of the property.

The current legislation provides for mandatory registration of any real estate in the Rosreestr. This procedure may not be very simple and understandable, especially when an ordinary person has to go through it, without special knowledge. Therefore, it is better to entrust the collection of documents, their execution and filling out all the necessary papers to a competent specialist.