Documents to register ownership of the apartment. Registration of ownership of an apartment - detailed instructions. For sale apartment

The right of ownership of real estate is subject to state registration in the Unified State Register (USRN) and arises from the moment the corresponding entry is made in this register. At the same time, state registration of a right in the Unified State Register of Real Estate is the only evidence of the existence of a registered right (Clause 1 of Article 131 of the Civil Code of the Russian Federation; Part 5 of Article 1 of the Law of July 13, 2015 N 218-FZ).

To register ownership of an apartment, we recommend following the following algorithm.

Step 1. Prepare the necessary documents

Such documents include (clause 2 of article 37 of the Civil Code of the Russian Federation; part 1, 2 of article 14, part 3 of article 21, part 1 of article 42, part 2 of article 54 of Law N 218-FZ):

1) application for registration of ownership of the apartment;

2) title documents for the apartment. Such documents are:

• contract (purchase and sale, barter, donation, rent, etc.). If the transaction is made in simple written form, then at least two original copies are provided. It should be taken into account that transactions for the alienation of an apartment belonging to a minor citizen or a citizen recognized as having limited legal capacity, as well as transactions for the alienation of shares in the common ownership of an apartment (except for agreements concluded as part of the housing renovation program in Moscow) are subject to notarization ;
• certificate of inheritance;
• a court decision that has entered into legal force;

3) a notarized statement from the seller’s spouse regarding consent to the transaction with the apartment;

4) permission (consent) of the guardianship and trusteeship authority to dispose of the property of minors and persons recognized by the court as incompetent.

To register ownership of an apartment, you must pay a state fee. Submission of a document confirming payment of the state fee along with the application is not required. The applicant has the right to do this on his own initiative. However, if there is no information about the payment of the state duty in the State Information System on state and municipal payments, after five days from the date of filing the application, Rosreestr will return the application and the documents attached to it without consideration (Article 17, Part 7, Article 18, Clause 3, Art. 25 of Law No. 218-FZ).

Reference. State duty amount

For registration of ownership of an apartment, a state duty is paid in the amount of 2,000 rubles. If an apartment is acquired as shared ownership on the basis of contracts of sale, gift, exchange, rent, then the state duty is paid by each co-owner in the amount of 2,000 rubles, multiplied by the size of the share in ownership. When state registration of a share in the right of common shared ownership, not related to the registration of the right to an apartment (for example, during inheritance) and carried out at the request of the owner, the state duty is paid by each co-owner in the amount of 2,000 rubles.

If it is possible to submit an application and pay the state fee through government services portals and other portals integrated with the Unified Automated Identification and Logistics, the state fee is calculated with a coefficient of 0.7 ( clause 2 art. 333.18, paragraphs. 22 clause 1 art. 333.33, paragraph 4 of Art. 333.35 Tax Code of the Russian Federation; Letter FNP dated September 19, 2016 N 3329/03-16-3).

Depending on the specific situation, other documents may be needed.

Step 2. Submit documents to Rosreestr to register ownership of the apartment

The application and documents can be submitted in one of the following ways (Parts 1, 2, Article 18 of Law No. 218-FZ):

• in person (or through a representative by proxy) to a branch of Rosreestr or MFC, including regardless of the location of the property according to the list of departments that provide reception on an extraterritorial basis posted on the Rosreestr website, as well as to an authorized person of Rosreestr during on-site reception;
• by mail with a declared value upon sending, an inventory of the contents and a notification of delivery;
• in electronic form, including via the Internet through the Unified Portal of State Services and the Rosreestr website.

When sending documents by mail, the authenticity of the signature on the application must be notarized, the transaction with residential premises must be notarized, and a copy of an identification document (passport) is attached to the application (Part 12, Article 18 of Law No. 218-FZ).

When submitting documents in person, you must present an identification document of the applicant (passport) (Part 8, 15, Article 18 of Law No. 218-FZ).

Documents submitted in electronic form must be certified by an enhanced qualified electronic signature (ECES) of the applicant, unless otherwise provided by law (clause 2, part 1, article 18 of Law N 218-FZ; paragraph 2, clause 3 of the Procedure, approved by the Order Ministry of Economic Development of Russia dated November 26, 2015 N 883).

You must be issued (sent) a receipt (notification) of receipt of documents (Part 17, Article 18 of Law No. 218-FZ).

If documents are sent by mail, in electronic form or presented in person through the MFC, notification of their receipt is sent within the business day following the day the registration authority received the specified documents (Clause 2, Part 17, Article 18 of Law No. 218-FZ).

If at the time of submitting the application the state duty has not been paid, the applicant is issued or sent information containing a unique payment identifier (unique accrual identifier) ​​necessary to confirm the fact of payment for a specific service for payment of the state duty, indicating the date by which it must be paid (Rosreestr Information dated July 26 .2017; Information from Rosreestr dated October 17, 2017; clause 3 of Appendix 5 to the Regulations on the payment system of the Bank of Russia, approved by the Bank of Russia on June 29, 2012 N 384-P).

You can be notified about the progress of the service (for example, receipt of information about payment of state duty, registration) via messages to email or mobile phone number (clause 3, Procedure, approved by Order of the Ministry of Economic Development of Russia dated March 16, 2016 N 137) .

Step 3. Get an extract from the Unified State Register of Real Estate

The period for state registration of rights should not exceed seven working days from the date of receipt of the application and necessary documents by Rosreestr (nine working days if documents are submitted through the MFC). If registration is carried out on the basis of notarized documents, its period is three working days, if documents are received in electronic form - one working day, when applying through the MFC - five working days (

After receiving the keys and moving in, we are left with one last unsolved problem - how to make an apartment in a new building your own own ? There are several solutions to this problem, which we will look at below.

In practice, document preparation and procedure registration of ownership of an apartment in a new building, usually lasts for months, or even years. All this time, of course, we can live in our apartment, use it, make repairs there ( because the house is rented, we received the keys), but it won’t be possible to dispose of it yet. AND "register" in her too.

And absence brings us tangible troubles: firstly, we are deprived of many local social services ( clinic, kindergarten, etc.), and secondly, we will pay for utilities at average city tariffs, which are 2-3 times higher than usual municipal ones!

In addition, it is worth remembering that if we plan to sell our apartment, the Seller is released from it only if 3 years have passed from the date of receipt ( and since 2016 already - 5 years, more about this -). The time of actual residence in an apartment without a registered right is not taken into account ( those. added to these years).

Without registered title There are also additional costs associated with payments. Interest on a loan for unregistered ( formally – not ready) housing, approximately 1-2% higher than ready-made ( after all, it will not be easy for the bank to sell the unfinished building if the borrower does not repay the loan).

After registering ownership of the apartment, the bank usually reduces the initial interest rate.

Documents for registration of ownership of an apartment in a new building

All in all, register our apartment as property we need it as quickly as possible. But, unfortunately, this has little to do with us.

And this depends, first of all, on the organization and efficiency of our team. He must collect an impressive package of documents for, the key ones being:

• Permission to put the house into operation,
• Registration certificate for the house ( results of measurements of actual areas),
• Area Allocation Protocol ( which apartments go to whom in the end?),
• Act of implementation of the investment contract ( closing obligations to local authorities),
• Acts of acceptance and transfer of apartments in the building ( closing obligations to shareholders/co-investors).

First all package of documents the house undergoes an examination, which lasts a month ( in law). Then, if the registrar has any questions or comments, then Developer eliminates them ( sometimes it takes a few more months).

If the registrar has no questions, the registration of ownership of the first apartment in the house (so-called “opening a registration address” ). From this moment on, for the registrar the house becomes “existing”, and this is the beginning of the chain of registration actions for registration property rights for the remaining apartments in the new building.

Depending on the price at which the apartments were sold Developer, procedure registration of ownership can go two ways:

1. Developer registers the apartment first in his name, and then sells it to us ( To the buyer) as usual. Those. in essence, the apartment is being sold as if on .
   This case is possible, for example, if we deposited money on the basis of and/or.
2. Developer immediately registers a new apartment for the shareholder/co-investor. This happens when the apartment was purchased at , or .
   This case is more common, and we will consider it ( because it is he who personifies).

Here we can have three ways to register ownership:

1. Rely on Developer and wait until he does everything as expected ( will register the ownership rights to each apartment in the house, with a power of attorney from each shareholder);
2. Get involved in registering your property rights yourself ( those. do this work for the Developer);
3. Register our right through the court ( if the Developer does not move or prevents the registration of our rights).

Let's look at them in order.

The developer registers ownership of the apartment

In the first case we have the least hassle, but can lose the most time if our Developer will not be very efficient. Besides, Developer may require additional payment from us “for labor” for registration of apartment ownership. Moreover, the amount “for labor” can reach up to 2-2.5% of the cost of the apartment.

True, if these payments are not provided for in the contract, then we have the right to stand up and demand that he register the property free of charge ( threatening him with consumer protection, civil court and God's punishment to terrify him).

In practice, the period from the moment of check-in ( receiving keys) until the receipt of ownership of an apartment in a new building is, on average, 3-9 months. ( if the Developer acts promptly). But there have been cases when property was waited for 3-4 years.

If we decide not to wait Developer, And register ownership of a new building yourself, then we can save money and speed up the process somewhat, but we will have to tinker. From Developer we will still need a number of documents necessary for registration, and again they may demand money from us for this.

We ourselves will have to collect the following package of documents:

• Application for registration of rights;
• Our or Agreement on assignment of claim rights (if we bought an apartment from one of the construction co-investors);
• Loan agreement with the bank and mortgage ( if we purchased the apartment with a mortgage);
• in a new building;
• (if the Developer has registered not only the house, but also the apartments in it for cadastral registration);
• (if one of the owners is a minor, and the apartment will be pledged to the bank for);
• Receipt for payment of state duty for registration.

If Developer put it on cadastral registration just built a house, but did not submit documents for cadastral registration of apartments in the house, then we will have to do it ourselves.

First we order from BTI ( in the same one in which the Developer ordered measurements of the areas), our apartment. Then with this document we go to Cadastral Chamber (division of Rosreestr) and put our apartment there on cadastral registration . Then we get there Cadastral passport to our apartment, and together with the documents listed above we transfer the entire package to register ownership.

The registrar enters the relevant information into Unified Real Estate Register (USRN) and returns our contract to us ( DDU or Contract of Assignment of the Right of Claim), with stamp UFRS O registration of property rights.

If you don’t have the time or desire to do the design yourself, but Developer does not show enthusiasm in this process, then you can contact specialized commercial organizations that deal with registration of property rights in real estate.

Third way registration — through the court - we choose when Developer he himself is not involved in this matter, and under various pretexts he refuses to issue us the necessary documents for self-registration. Then we have a direct road to court.

Often this option turns out to be the most reliable, compared to the prospect of “butting heads” with Developer, and try to scratch out the missing papers from him.

To go to court, we will need to correctly draw up claim for recognition of ownership rights for real estate, prepare the relevant documents confirming our requirements, receive a receipt for payment of the state duty, and hand it all over to the court office at the location new buildings. Next, we will need to participate in court hearings and prove our case there.

Of course, you can do all this yourself, but it is wiser and more reliable to involve for these purposes those who have established judicial practice in such cases. Moreover, the cost of services of such lawyers is usually lower than the cost that Developer charges for registration of ownership.

Package of documents for registration of ownership of a new building through the court, slightly more than when registering yourself ( without trial).

For the court, in addition to the package of documents listed above, additional technical documents from BTI, and documents from Developer(Permission to put the house into operation, Protocol for the distribution of areas, etc.). But this is the concern of lawyers.

♦ ♦

In this case registration our right will be carried out without the participation Developer, based court decisions .

It happens that Developer, having objective obstacles that interfere registration of property rights, he offers to the Buyer register the right through the court .

♦ Reasons for delay in registration of property rights (examples) ♦

Obtaining ownership of a new building through the court– the procedure is not quick ( may take from several months to one and a half years), but is reliable. Judicial practice shows that in most cases, private individuals - equity holders and co-investors in construction - are recognized as having ownership rights to constructed apartments.

Only after receiving the registered documents in hand can we breathe easy - the apartment has not been sold several times, possible disputes related to it have been resolved, and we can finally “register” in our apartment.

So, showing Olympic calm and patience, we waited for the Developer (or the court) to register ownership of our long-awaited apartment. Oof! Now she is completely OURS! And we can not only use it, but also manage it.

We invite guests, accept congratulations, set up a table in the restaurant - now we have something to celebrate!!!

Transactions for the purchase of real estate in new buildings are the safest to date. However, after concluding the contract and paying the fee, the buyer is not yet considered the full owner. Why? It turns out that registration is necessary in a new building. What subtleties are important to know? Read more about this.

Where to begin?

The buyer can fully dispose of an apartment in a new building only if a certificate of ownership has been issued. However, before issuing this document, the construction company must carry out a number of activities.

Before transferring a new building into operation, a protocol for the distribution of residential and non-residential (commercial) real estate must be drawn up. It is also necessary to draw up technical passports for all premises. If we are talking about transactions on the secondary market, the seller of the apartment is responsible for preparing the documentation. When it comes to new housing, the responsibility falls entirely on the developer.

Once received, the construction company submits the documents to the local architectural and construction department, where it is issued deeds of transfer. Permission can only be obtained from the local administration. The final stage is registering houses in the state register and assigning an address.

Procedure

Registration of ownership of an apartment in a new building can be divided into 7 stages:

1. The buyer specifies which branch of the registration chamber to contact.
2. Preparation and collection of documents (you can also get advice from a registry office employee regarding the list of papers and deadlines for their submission).
3. Payment of state duty.
4. Queuing the registration authority to submit documents.
5. Submission of documents to the registration service on the appointed day.
6. If you receive a notice by mail about stopping the registration of a right, you need to carefully study it, and then prepare and bring additional documents to the service branch.
7. The final stage is obtaining a certificate.

Required documents

You must provide documents to the state registration service in order to register ownership of an apartment in a new building. The following documents will be required:

• apartment purchase agreement,
• general passport and its notarized copy,
• application on the prescribed form,
• deed of transfer for housing,
• apartment plan,
• explication,
• receipt for ,
• permission from the guardianship authorities, if the co-owners are minors,
• notarized power of attorney (if the buyer’s representative is involved in the transaction).

All documentation is provided to the service in two copies. Handwriting must be clear and legible. Abbreviations, erasures, corrections, and erasures are not allowed. Entries must be made in pen.

The package of documents must be bound, each page must have its number and the organization’s seal.

What is required from the developer

Real estate in new buildings is considered more affordable for Russians than secondary housing. Therefore, registration of ownership of an apartment in a new building is one of the pressing issues. The legal purity and speed of this process depends on the quality of preparation of the documentation necessary for registration of rights.

Companies House requests the following documents:

• acceptance certificate for the apartment,
• copies of documents on the commissioning of a new house and the results of the state commission,
• investment agreement and acts confirming its execution.

How to submit documents

Both the developer and the buyer himself can submit documents to register ownership of an apartment in a new building. It's not that difficult to do it yourself. You can submit documents in several ways:

• Apply to Rosreestr in person (you must have a passport);
• by mail (signature certification and a copy of all pages of the applicant’s general passport are required),
• in multifunctional centers (the applicant’s passport is required),
• by email (the applicant’s qualified digital signature must be present on each document).

After the package of documents is received by the service, the applicant will receive a corresponding notification and receipt.

Obtaining a certificate

Registration of ownership of an apartment in a new building at the final stage involves obtaining the appropriate certificate. It is issued as a result of a successful procedure. Upon receipt, you must carefully check the document for errors and typos. The surname and initials of the owner, as well as an inventory of the real estate, require special attention. If inconsistencies and errors are identified, the certificate must be returned to the state registration service for amendments.

Registration of ownership of an apartment in a new building (documents): mortgage

Often, an apartment is purchased with a mortgage. Registration of ownership of an apartment in a new building using a mortgage follows a standard procedure. The package of documents is no different from that required for regular registration of rights. However, the encumbrance that is imposed on the real estate property is also taken into account. Until the mortgage is repaid in full, the owner is not the full owner of the apartment. Real estate transactions are possible only after obtaining consent from the bank that issued the loan funds. Restrictions apply to the sale of housing, as well as its rental.

Reasons for refusal

Quite often, applicants are refused registration of property rights by the registration service. Reasons may include:

• submission of an incomplete package of documents,
• irregularities in registration,
• restrictions related to the inability to dispose of real estate,
• falsification of papers.

If a decision has been made to refuse, the service will notify the applicant as soon as possible. This document must indicate the reason for the refusal. If all identified deficiencies are eliminated, documents may be resubmitted. It is also possible to register ownership of an apartment in a new building through the court when the applicant does not agree with the reason for the refusal.

Possible difficulties

To become the full owner of an apartment in a new house, the buyer must wait for the completion of the construction process, as well as the preparation of all documents for registration of ownership rights. However, in practice, conscientious buyers often encounter situations where the ownership of a property is not formalized for a long time. Until the certificate is received, the buyer cannot donate, resell the apartment or register in it. Registration solves many problems related to employment, medical care, registering children for school, registering vehicles, and contacting various municipal and government services. Unregistered housing cannot be used as collateral for a loan.

Another serious problem associated with the lack of registration is a reduction in the period of ownership of the property. According to Russian tax legislation, when selling real estate, the seller is exempt from paying income tax if the property has been owned for more than 3 years. This period is counted from the date of receipt of ownership.

There may also be additional costs associated with paying off your mortgage. Typically, credit organizations increase the mortgage rate for housing under construction by 1-2% compared to finished housing. The rate increase will compensate banks for the risks associated with the sale of housing under construction if the borrower is unable to repay the debt. As a rule, after the completion of a residential building, banks reduce the initial mortgage rate. This way you can reduce the amount of overpayment. Until the ownership of the home is registered, the owner cannot apply for benefits for utility bills.

Deadlines

Registration of ownership of an apartment in a new building deserves special attention from the registration authorities. The processing time for the application is at least 1 calendar month. During this time, service specialists thoroughly check all pages of documents. Apartments in a new building also require the study of papers relating to the fact of construction of the house according to the DDU, and the distribution of apartments between potential owners. At the end of this period, a corresponding entry is made in the state register.

Registration of ownership of an apartment in a new building is a rather complex process. The processing time for documentation may exceed 1 month. The reason for this may be various conflict situations between the construction company and bona fide buyers. It often happens that the local administration and construction company deliberately delay the process of transferring legal ownership of the property to the buyer. In such cases, the buyer may go to court.

Evasion of registration of rights

Transactions related to various real estate transactions are subject to mandatory entry into the unified state register. Nevertheless, many developers believe that the purchase agreement is, however, they are in no hurry to draw up the corresponding certificate. Such developers, after receiving money, avoid submitting an application to Rosreestr. Therefore, the buyer does not have the opportunity to register ownership of the property according to the generally accepted procedure. If the construction company avoids submitting an application to the registration service, the ownership may be registered in court.

Registration of ownership of an apartment in a new building: documents in court

If a bona fide buyer realizes that the developer or local administration is failing to fulfill their responsibilities or is doing it untimely, he can go to court. The law in this case is on the buyer’s side.

It is necessary to submit to begin registration of ownership of an apartment in a new building. The following court documents are required:

• an agreement confirming the fact of purchasing an apartment in a building under construction,
• acceptance certificate or temporary order,
• receipts and checks confirming the fact of payment under the contract,
• documents confirming the use of housing,
• loan agreement, if the property was purchased with a mortgage,
• a copy of the buyer's general passport.

Based on this package of documents, the court recognizes the buyer’s ownership rights, regardless of the developer’s position on this matter. Claims can be either collective or individual.

Thus, the most important point when purchasing real estate is registering ownership of an apartment in a new building. Documents and terms for consideration of the application are determined by law. In some cases, the registration process may also take place in court.

Hello. Whether under an equity participation agreement, under an assignment of rights agreement, or under a share accumulation agreement (participation/entry into a housing cooperative), ownership of an apartment is registered in the same way. Therefore, my instructions are suitable in most cases.

According to Art. 219 of the Civil Code of the Russian Federation, only after registration of ownership of an apartment can one be considered its full owner. Otherwise, many people think that for this it is enough to simply buy an apartment from the developer and have the keys.

Stage No. 1 - Check with the developer whether it is possible to register ownership of the apartment

If the developer has notified that the apartment can be registered as a property, go to. Usually the developer notifies about this by phone, SMS or on his website/forum.

You can register ownership of an apartment only if:

• The developer obtained permission from the district administration to put the house into operation.
• The district administration registered the house with cadastral registration in Rosreestr.
• The developer drew up a protocol for the distribution of residential and commercial real estate.
• The developer issued a technical passport for the entire house at the BTI (Bureau of Technical Inventory).
• The district administration assigned a postal address to the house.
• The developer executed a transfer deed at the State Architectural and Construction Organization.

The transaction takes place in two stages:

The duty of Rosreestr employees is entering information about the apartment and its new owner c - a database of all Russian real estate.

Law No. 122-FZ establishes mandatory registration of housing information in the Rosreestr in the case of:

• and so on.

The certificate is not issued immediately. The following deadlines for processing documents have been established:

• registration of a written purchase and sale agreement not certified by a notary – 10 days;
• in the construction of an apartment building – 10 (5) days;
• registration of a notarial purchase and sale agreement – ​​maximum 3 days;
• in case of registration – 5 days.

Basic package of documents

When applying to Rosreestr to register ownership of an apartment, you will need the following package of documents:

To documents You will also need to attach copies. The agreement must be provided in three copies, since one will remain in Rosreestr (attached to the registration file), the second - with the parties to the transaction.

The application form can be obtained from Rosreestr employees.

Documents for registration of an apartment purchase and sale agreement are submitted in person or by post with an inventory.

Additional documents and the procedure for obtaining them

Additional documents include the following:

The consent of the spouse is not necessary in cases where the property was received by an heir, purchased by the seller before the marriage, received as a result of privatization, or acquired by gift.

Waiver of the preemptive right is not necessary if:

• the consent of the co-owners is stated in the purchase and sale agreement itself;
• the area of ​​the neighbors is municipal (not always).

What if some of the documents are missing or they are not in proper form?

If the submitted list of documents for ownership of the apartment is incomplete or errors and inconsistencies are found in them, registration is suspended.

The most common errors found are:

• discrepancy between the area of ​​the apartment;
• wrong address;
• errors in the surname or name of the owner;
• expiration of documents and so on.

In this case, the applicant is notified by a Rosreestr employee about the suspension of registration. Dedicated to troubleshooting period of 30 days.

Registration cannot be renewed more than three times. Registration renewal is carried out upon application. If errors are not corrected, the applicant receives a refusal.

Most often, the owners do not have it on hand. It must be completed at the location of the apartment. It will not be needed at all if the apartment is already included in the Unified State Register: sold, given as a gift. Information from the cadastral passport is entered into the database once and stored there forever.

It is worth paying special attention to the technical descriptions of the premises in two documents: the contract and the cadastral passport. It is this discrepancy that may cause registration refusal.

Form 9 has a short validity period. Therefore, you should not take it several months before registering property rights.

Sometimes it is required certificate of absence of debts for utilities. This certificate is issued by the management company and also has a validity period. If one of the parties to the transaction is an organization, the statutory documents of the legal entity are submitted to Rosreestr.

Video: Documents for drawing up a purchase and sale agreement

The video provides a complete list of necessary documents for concluding a contract for the purchase and sale of real estate in Russia.

It describes what requirements Rosreestr imposes on the documents necessary to register the transfer of ownership of an apartment and other real estate.