What is subject to mandatory state registration? Subject to state registration

Under Russian law, many transactions require registration. This will confirm their officiality. Then the remaining legal procedures will become available. There are some nuances for their implementation. What transactions are subject to state registration? This will be discussed in the article.

Basic concepts

Real estate transactions are subject to state registration. In this matter, you must rely on the rule of law. You can execute registration in each subject of the country. All the nuances of the process are indicated in the Civil Code of the Russian Federation Federal Law No. 122.

The basis of state registration is a legal act, according to which the state confirms the occurrence, restriction, transfer and termination of property rights. Only with documenting the transaction is considered legal.

Where is registered

Transactions are registered with the Federal Registration Service. There are representative offices in our country. Therefore, you should contact this authority. No other bodies have such authority.

Registration Value

The contract will be valid after its registration. In cases where the provision of Clause 3, Article 433 of the Civil Code of the Russian Federation is not executed, this will lead to the non-conclusion of the transaction. Even if the document is notarized by all standards, but in the absence of registration, it will not have legal significance.

State registration is considered a confirmation of property rights, which can only be challenged in court. The object will be registered from the moment of making entries in the Unified State Register of Rights. The following transactions are subject to state registration.

Alienation

Alienation transactions are subject to state registration. This option of legal action is to transfer property to ownership. What is subject to mandatory state registration? It refers to:

1. An agreement for the sale of objects and their parts, shares, as well as documents for the purchase of housing pledged by the pledge holder.
2. An agreement on the exchange of residential properties and their parts.
3. Donation agreement, including donation.
4. An annuity transaction with transfer of objects against annuity payment. This is a maintenance contract with a dependent.
5. Lease and repurchase agreements.
6. Contracts for the sale of the enterprise.

When performing any such procedure, the following procedures must be performed: registration of the transaction (confirmed by a stamp in the contract) and registration of property rights of the person who gains them (issuing a certificate and fixing 2 stamps in the contract).

Transactions that do not transfer rights

State registration is subject to transactions in which there is no transfer of rights. These are procedures for restricting rights. Agreements are concluded for the possibility of transferring real estate as collateral or use. It concerns:

1. Lease agreements - objects, structures, non-residential premises, lands for a period of 1 year are transferred for temporary use.
2. Leases of enterprises as property complexes.
3. Sublease agreements.
4. Transactions on collateral of objects.
5. Contracts for shared construction.

The restriction transaction is valid after the stamp is issued. A pledge is considered a special transaction in which it does not occur by alienation. If the property is pledged, this does not mean that the owner’s rights to this have been terminated. When the debtor evades duties, everything pledged becomes the property of the pledge holder when drawing up a new transaction, for example, concluding an agreement on the purchase of pledge.

Additional deals

Other transactions are subject to state registration in the Russian Federation. They will be prisoners with a stamp. Additional agreements can be drawn up to them, if required. These documents assume the likelihood of a change in the relationship according to previously concluded procedures:

• Interim requirements under contracts previously registered. These include agreements on shared construction.
• Debt transfer on transactions.
• Transfer - transfer of rights and obligations on the basis of a lease.
• Agreement regarding changes to the contract.
• Refusal to accept the gift.

In paragraph 1 of Art. 452 of the Civil Code of the Russian Federation it is said that the execution of an agreement, including information on changes or termination, takes place in such a form as the contract itself.

What to register

The following are subject to state registration:

1. Of the earth.
2. Bosom.
3. Objects
4. Residential and non-residential premises.
5. Buildings and constructions.
6. Enterprises.
7. Forests and plantations.
8. Condominiums - joint ownership of property.

Owner Requirements

Transactions with the participation of owners are subject to state registration:

1. Citizens of the Russian Federation.
2. Stateless persons and foreigners.
3. Legal entities.
4. Foreign states.
5. International companies.
6. RF and its subjects.
7. Municipalities.

The transactions must be carried out by the authorities that perform the registration. Only after that there is a right to real estate. The contest is held only in court.

How to register a property

A transaction subject to mandatory state registration must be correctly concluded. According to Art. 13 Federal Law on the registration of real estate, the procedure is carried out on the basis of the following steps:

1. Submission of documentation to the registration service. This may be a territorial unit. An application, a passport, a certified power of attorney will be required (if registration takes place by an authorized person). The list of documents may be changed based on registration conditions and other parameters.
2. Verification of legality and legal examination of documents.
3. Determination of the fact that there are no contradictions between the registered and declared rights, as well as the reasons why registration would be terminated.
4. Data is entered into the Unified State Register. This resource has information on real estate rights.
5. Registration of title documents and the provision of certificates proving that the registration was completed.

Registration of real estate is usually carried out within a month. It should be borne in mind that there may be a refusal of state registration due to:

1. Providing false information.
2. Incorrect paperwork and not all documents.
3. The appearance of doubts about the authenticity of the documentation.
4. The presence of a ban on the object.

The refusal is appealed to the arbitration court. For the procedure you need to pay a state fee. This payment is required. Its size is approved by the Tax Code of the Russian Federation and is equal to 1000 and 1500 rubles for individuals and legal entities. Depending on the type of property, the amount of duty may be different.

Registration for entrepreneurs

When planning business for a long time, you need a special room. It is rented or owned. The latter case involves the transfer of the right to premises, therefore, a registration procedure is required. If the object is built independently, then registration is also required.

In order to complete transactions, legal entities need to certify documents not only with a signature, but also with a seal. After that, the entrepreneur or his representative receives a cadastral passport for the object. If changes appear, an extract is issued with the information on the property. The deregistration of an object also occurs.

Recommendations to individuals

If you purchase a property, you should check the information about it. For this, an extract from the Unified State Register is applied. It will help determine whether a particular person is the owner or not. Also, the document will establish whether there are restrictions on the object.

The owner may present a certificate of registration, but the property is likely to be mortgaged. And in the state cadastre it will be possible to find out information about the object and the rights relating to it.

It is advisable to carry out transactions on the purchase or lease with the help of a specialist, as there may be fraudulent actions in such procedures. Only a specialist can determine the authenticity of documents, as well as the legality of the transaction. Then the procedure will be legal and properly executed.

The timing

The law sets the time limits during which registration takes place:

1. Registration of a document on sale, donation, allocation of shares, less than 7 days.
2. Mortgage, pledge - 5 days.
3. Registration of rights under a contract certified by a notary - 3 days.
4. Registration of rights and mortgages on documents submitted in electronic form - 1 day.

So, state registration is considered mandatory for many transactions. With the official registration of documentation for real estate, a person becomes the full owner of the object. After that, he can freely dispose of the property at his discretion.