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 both residential and commercial premises. Therefore, after the transaction on the disposal of the object or upon completion of its construction, it is imperative to go through this procedure.
Registration service
Currently, the only body implementing this procedure in the Russian Federation is Rosreestr. The full name of the organization is the Federal State Registration, Cadastre and Cartography Service. It is represented in all subjects of the federation and works with citizens at the location of real estate.
Until 1998, several structures dealt with this issue. Land was registered separately in special committees, and buildings in the BTI. Subsequently, the functions were transferred to a single service, which currently knows all real estate, without exception.
Who collects the documents
All necessary papers are submitted to the Rosreestr by the owner (he can be either a private person or a legal entity) or his representative. Their list largely depends on the type of object and the method of entry into ownership. When it comes to individual construction, the owner or the specialist hired by him directly deals with this issue. In the case of acquiring an apartment in the primary market, the developer is responsible for collecting the documents, and in the process of transferring the property, the notary. If the alienation of property occurs without its 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. In each case, its own list of required documents is required. For this reason, most citizens prefer to pay the intermediary and shift all the troubles onto his shoulders. If the owner decided to carry out the procedure on his own, first he needs to find out what kind of certificates will be needed for this and where they get them.
List of documents
As already mentioned above, it largely depends on how exactly the ownership of the property came about, and what kind of object in question. In practice, individuals most often deal with housing: apartments, houses or suburban buildings. Based on this, we can distinguish several generalized registration options for individuals who have to deal with. Firstly, these are land plots (for individual construction or gardening). Secondly, residential buildings. Thirdly, 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. Still need a receipt for the payment of state duties. Details and amount, as a rule, are placed on the information stand. When submitting documents, fill out an application in a special form. She is taken at a representative office or on the official website of the Rosreestr.
Registration
of ownership of land is carried out on the basis of a cadastral passport. The title document may be a contract of sale, gift, barter, certificate of inheritance or a court decision. You will also need a certificate of the absence of buildings (if they are not), 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, notarized, is required. In the case of initial registration in Rosreestr, it is necessary to provide a resolution on the transfer of land to ownership (it is issued by the local government).
As for houses, here the list of papers can be much longer. Registration of ownership of real estate takes place on the basis of the cadastral and technical passport (these are different things), as well as a title document (gift agreement, barter, sale, etc.). In the absence of the latter (if we are talking about a recently rented house), it is not provided. Suburban buildings intended for gardening (dachas) are registered according to a simplified scheme - in a declarative way, without the participation of BTI. The owner only needs to fill out a special form, where he independently indicates all the necessary characteristics.
Registration of ownership of an apartment
This is the most common action committed by individuals in the bodies of the Federal Register. If we are talking about the secondary real estate market, then all the documents necessary for this procedure should be in the hands of the owner 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 simple writing). In the latter case, 2 more documents will be needed: the act of transfer and acceptance of the object between the parties to the transaction and the consent of the spouse to commit it.
It should be noted that registration of ownership of an apartment may require additional certificates, which will be reported by a specialist during data processing. Only an experienced specialist in this field can foresee all the nuances in advance.
About the timing
According to the current legislation, registration of ownership of real estate must be carried out no later than a month after the filing of the documents. In practice, in some localities it occurs much faster (from 10 to 14 days), while in others it drags on. In the latter case, the actions of the registrar may be appealed 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 latest certificate from the list.
About intermediaries
Since 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 help, where to go and what to do. Therefore, there are many specialized companies offering their services for real estate registration. Some of them help in collecting 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 property rights.
Undoubtedly, such assistance may be useful to many, especially since the prices of intermediaries are generally quite acceptable. The main thing is not to try to save 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.
Registration of an apartment purchased in the primary market
After the house is accepted into operation by the state commission and BTI, the developer is engaged in the preparation of documents for each specific apartment. As a rule, employees of the company independently register ownership in the name of the client and give him ready-made documents. In some cases, an additional fee is charged for this, in others the service is included in the price of the accommodation.
Registration of ownership of an apartment purchased in the primary market can be executed by the owner himself. For this, in addition to your passport and receipt of payment of state duty, you must provide a completed application, an agreement with the developer and an act of acceptance of 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 home and will receive the corresponding document.
Registration at registration of inheritance
This issue is of interest to many citizens. In particular, is it possible to alienate an object immediately after receiving a certificate? Having inherited a dwelling or its share in a foreign city, the owner often tries to immediately sell or donate it. However, this is possible only after its corresponding registration. Unfortunately, the law does not provide for the implementation of several transactions simultaneously, including the entry into the inheritance. Registration of real estate in property 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, 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 a similar way. True, their list may be a little longer. In addition to all standard certificates and papers related to the object itself, the owner’s documents are presented to the Federal Registration Service. For a legal entity, these are copies of the charter and state registration certificate. They can be notarized or authorized by the company itself. Depending on the type 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 the right of ownership of real estate in a judicial proceeding is carried out in the event of its contestation or division of property, when voluntary settlement of the issue is not possible. The result of such a trial may be a court decision, depriving the right of ownership of one citizen and transferring it to another. It is also subject to mandatory registration with the Federal Registration Service, along with the contract of sale or barter. This should not be forgotten, because otherwise the new owner will not be able to fully dispose of the property.
Current legislation provides for the mandatory registration of any real estate with 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, the collection of documents, their execution and filling out all the necessary papers is best left to a competent specialist.