A ban on registration actions with real estate may be imposed by the owner himself, as well as upon filing an application, at the request of persons on the basis of a decision of a judicial authority or a decision of a bailiff. The article discusses the legal aspects of the prohibition, the consequences of its violation, the application and methods of lifting, if the ban was imposed by a judicial authority.
What is the prohibition for?
The ban on registration actions with real estate avoids situations in which an unauthorized person could carry out any actions with the property without the knowledge of the owner. Thus, the owner of the property imposes a ban on the sale, registration as a pledge (for example, with a mortgage) and other actions that introduce changes in the title documents of the state registration authorities.
After the ban is imposed without the personal presence of the owner of the real estate, it will not be possible to take any action with the property. You can apply for it using the statement on the prohibition of registration actions with real estate, which is entered in the unified state register, which indicates all amendments regarding this or that property.
Legal grounds for prohibition
The ban on registration actions with real estate takes effect in view of:
- The direct prescription of the law (for example, with a mortgage or easement).
- Filing an application by the owner himself, if he wants to limit the capabilities of third parties regarding registration actions with real estate.
- Decisions of the judiciary.
- Enforcement proceedings: registration actions with real estate may also be prohibited by order of the bailiff.
The main feature of the transfer of ownership of real estate is the mandatory registration in the state cadastral registration. The imposed prohibition does not allow the free management of property, including the registration of tenure rights for new guests.
Immovable property subject to prohibition
Article 130 of the Civil Code of the Russian Federation lists all types of property subject to arrest. These include:
- residential and non-residential premises, as well as other buildings that are registered in the state register;
- land (including those at which mineral resources are located) and unfinished buildings;
- air and sea (inland navigation and not only) ships;
- other property, which is directly indicated in the legislation as real estate.
How to issue a ban
To limit registration actions with real estate, you must contact one of the government agencies with the appropriate statement. Where to ban:
- MFC (multifunctional center that provides services to the public);
- Rosreestr;
- one of the branches of the Cadastral Chamber.
The application indicates a ban on registration actions with real estate without the personal participation of the owner or his representative. Many lawyers insist that the owner’s personal presence is indicated during the execution of any transactions, since after making an entry in the USR no one will be able to perform registration actions without the participation of the owner. And even if a representative has a power of attorney issued to perform registration actions with real estate, an application for re-registration of property rights will be returned to him.
After that, the application will be reviewed by the filing authority, and the relevant decision will be made in the case. A note on the prohibition of registration actions with real estate will appear in the cadastral registration, and you can not be afraid of fraudulent actions on the part of the seller or his intermediaries.
By the way, you can issue a ban in the online mode on the Rosreestr website.
Documents
As part of the restriction on registration actions with real estate, the provision of the necessary information to the relevant authorities is provided. What is this documentation:
- documents confirming ownership of the specified immovable property;
- passport or other identification card;
- a free form application.
Prohibition of registration actions with real estate
Within the framework of enforcement proceedings, the bailiff may limit any actions performed with real estate (for example, sale). This is done in the interests of the claimant (creditor) in order to fulfill the stated requirements: thus, the owner is “tied up” - he cannot dispose of the property.
Also, a ban may be imposed by a court decision to secure a claim, which is predetermined by a motion to ban registration actions with real estate, which is submitted by the plaintiff in the course of the trial.
The arrest comes into force from the moment the court makes the relevant decision. An immediate restriction of the rights of the owner occurs from the moment documents about it are received by the bailiff.
Grounds for Prohibition
Only two reasons for encumbering and restricting the rights of the owner are enshrined in law.
- As a coercive measure.
- As security measures (creates the possibility of enforcement of the judgment, but does not imply enforcement).
Legal implications
Transactions with real estate that is prohibited from registration actions are recognized as unlawful and bear the corresponding legal consequences for all parties. In the event that the registration was performed contrary to the prohibition, the registration authority will be liable for all losses incurred. All costs will be recovered from him.
At the same time, article 174.1 of the Civil Code of the Russian Federation states that the owner may not take into account the restriction on registration actions with real estate if:
- the transaction is made in order to pay off the debt;
- the property is transferred to the collector (creditor).
In this case, it is assumed that the buyer should have known or is aware of the restriction imposed. If such information was not received by him, the acquirer has the right to invalidate this transaction and refuse the property presented, compensating for the losses.
Removal of the ban on registration actions with real estate
The grounds and procedure for lifting the ban depend on the conditions for imposing it. For example, if the restriction was imposed by the owner, then only he can cancel it, having prepared the corresponding application.
The procedure for lifting the ban is similar to its imposition. The application is submitted to the department of Rosreestr or the territorial body of the MFC.
The arrest for registration of real estate, based on the decision of the bailiff, can only be lifted by decision of the authority that issued it. But also an arrest, which involves restricting the use of real estate, can be lifted by satisfying the claimant's demand (repayment of a loan, for example) or if the value of the seized property does not match the amount declared by the creditor. You can also remove the restriction if the owner submits an application in which he offers another property as a replacement for the seized property. However, in the latter case, the court may not satisfy the applicant's request.
The basis for the cancellation of the interim measures that the court made during the consideration of the case is the refusal to satisfy the plaintiff's stated claims.
Case Studies
The possibility of imposing a ban on registration actions is recognized by the Constitutional Court of the Russian Federation. Since the actions of the bailiff are aimed at forcing the debtor to complete, timely and correct fulfillment of the requirements specified in the executive document, such a ban limits the disposal of property, which can subsequently be enforced.
However, this approach violates the rights and interests of the debtor, and the ban will be valid only if it is passed by a specific judicial act, and not by decision of the bailiff. This is justified by the fact that not a single Federal Law provides for an arbitrary decision to restrict ownership of property as a separate procedural action taken by a bailiff.
The ban should be applied only in exceptional cases. Otherwise, the rights of the debtor are subject to protection, as a person participating in enforcement proceedings.
A legal ban will be if:
- the property is commensurate with the stated requirements of the plaintiff;
- the resolution does not restrict other types of property of the debtor.
In some cases, the courts satisfy the prohibition of real estate, since this restriction applies only to the disposal of property, and not its use.
It is worth noting that if the residual value of real estate significantly exceeds the total debt, the court can lift the ban. Then the judicial authority recognizes the abuse of power or the bailiff and removes the restriction on real estate.
Therefore, a preventive measure must meet certain criteria:
- Be acceptable for the timely and full implementation of the stated requirements.
- Take into account the rights and interests of both parties.
- Be consistent with the law.
- The requirements specified in the executive document must be taken into account.
How to protect yourself from scammers
When buying real estate, you can easily run into the tricks of unscrupulous sellers or scammers. It should be borne in mind that any real estate transaction must be registered in the state register of the USRN.
Therefore, before executing a purchase and sale transaction, lawyers recommend making sure that the ownership of the property is really owned by the seller. This can be done by requesting an extract from the USRN or another government agency that deals with property registration.
You can request real estate data both in person and in online mode on the Rosreestr website. There is also an opportunity to find out whether the ban on registration actions with property has been imposed.
Thus, a ban on the registration of property can be imposed by both the owner himself and the judicial authority or bailiff. In the first case, this is done in order to avoid transactions without the participation of the property owner. And the second case is considered as a coercive measure for the owner, which is aimed at satisfying the requirements of the collector during the trial. The procedure for lifting the ban provides for a petition to the judicial authority, which indicates the reasons for the violation of rights