Registration and terms of registration of ownership of an apartment

When a situation arises related to the purchase, sale, inheritance, housing exchange, etc., many organizational issues arise. What is needed for this? Where should I go? What package of documents do you need to prepare? Especially a lot of questions from future owners who are the first time dealing with similar procedures. You can learn about how to draw up and what are the deadlines for registering ownership of an apartment from this article.

To begin with, any real estate must be registered. This is a procedure prescribed by law, which confirms the transfer of the right to own, use and dispose (not in all cases) from one person (former owner) to another (new owner). All such transactions are regulated by the relevant law and the Civil Code of the Russian Federation. The structure that conducts such procedures is Rosreestr. This is where you should go to get ownership of the apartment.

Required documents

In order to get a certificate for an apartment, you need:

1. One of the documents that would confirm the identity of the participant in the transaction.
2. An agreement confirming the completion of an apartment purchase transaction.
3. Documents confirming the person who acts as a seller and a certificate of registration of the property being sold.
4. Act of acceptance.
5. Cadastral passport (required in case of initial registration of the apartment or if redevelopment was carried out).
6. A document containing information about the people registered in the apartment.
7. Spouse's consent to a real estate transaction, certified by a notary, or a statement that the seller is not married.
8. Certificate confirming payment of state duty.

What else might be required?

In order to receive documents on the ownership of the apartment, depending on various situations, it may be necessary to provide:

1. Permission of the pledge holder to use (own, dispose of) real estate if the apartment is in a mortgage or pledge.
2. Notarial refusal of other heirs in case of inheritance of the apartment.
3. A power of attorney, necessarily notarized, for the right to perform all actions, if they are carried out by an authorized person.
4. The passport of the object of cultural heritage when the property is an architectural monument.
5. Written permission of an authorized guardianship officer if the owner is a minor.
6. Other documents.

State duty

It is established by the Tax Code of the Russian Federation and depends on the individual case.

Basically it is:

• 2000 rubles for citizens;
• 22,000 rubles for legal entities.

The receipt form can be found online on the Rosreestr website.

The procedure for registration and terms of registration of ownership of an apartment

First of all, it is necessary to collect the entire package of documents. And after that, go to Rosreestr at the location of the apartment with circulation. You can also send documents by mail, online or use the services of the MFC.

The registrar accepts the documents submitted and the application from the participants in the transaction (usually compiled on the spot by the registrar himself). Duration of registration of ownership of an apartment is ten days, for a mortgage - five, but no more than 3 months. However, the procedure may be suspended or it may be refused if there are doubts about the authenticity or correctness of the compilation of certain documents. Although it is worth noting that such situations arise extremely rarely. Basically, all disagreements can be resolved fairly quickly.

Registration of ownership of primary housing

As a rule, the most affordable housing is currently on the primary market. In general, obtaining ownership of the apartment does not differ from the above scheme. And still there are nuances.

You can entrust the registration of ownership of the apartment to the developer company. But in this case, the time for registration will take more. If the future owner decides to deal with the design themselves, then you should ask the developer for all the necessary documents:

1. A document confirming the transfer of property under a contract of sale.
2. Copies of documents on putting the house into operation.
3. Act of an investment contract for the construction work.

If the developer refuses to transfer documents or does not perform any actions, issues should be settled in court.

Registration of ownership of an apartment taken in a mortgage

When buying a home under a mortgage agreement, it is immediately registered with the owner, without waiting for the full payment of credit debt. The only caveat is the encumbrance that is imposed on the apartment. Before repayment of the loan, the homeowner has restrictions on the disposal of real estate. This applies to any transaction. A mortgage on the apartment must be included in the package of documents, which indicates that in case of non-repayment of the debt, the pledged property becomes the property of the bank.

The final stage

After all the procedures have been completed, a certificate is issued to the owner confirming the registration of ownership. In the people such a document is called "greenback". In fact, certificates on green forms were issued long ago. Since the beginning of 2015, there is an updated form of this document: an ordinary white sheet without any means of protection in the form of, say, holograms. If there are several sheets, they are laced up, numbered, each one is stamped with Rosreestr and the signature of the registrar. After the document is received, you must carefully verify the data. If an error or typo is found, such a document is returned for correction. In accordance with the law, the deadlines for registering ownership of an apartment after sending documents for correction are no more than three days.

Information on existing and terminated rights to real estate, characteristics of objects, data on copyright holders are entered in the Unified State Register.