Federal Service for State Registration of Cadastre and Cartography. Registration of a transaction and a contract for the sale of an apartment in the registration chamber: terms, documents and a sample contract

Ismunts Sergey Vyacheslavovich

No. p / p

Department name

I Guide

Head of Department

Deputy Head

Assistant Manager

II Administrative Office

General Support Division

Department of Logistics

Public Procurement Department

Legal Department

Department of Public Service and Personnel

Department for the protection of state secrets and mobilization training

Financial and Economic Department

Department of organization and control

Department of operation of information systems, technical means and communication channels

Department for Coordination and Analysis of Activities in the Accounting and Registration Sphere

Department of State Land Supervision

Department of Land Management and Land Monitoring

Department of Geodesy and Cartography

Department for control (supervision) in the field of self-regulatory organizations

Data Quality Improvement Department of USRN

USRN maintenance department

III Territorial departments

Real estate registration department for the Central Administrative District of Moscow

Inter-municipal real estate registration department for the Northern, North-Eastern and Zelenograd administrative districts of Moscow

The procedure for state registration of any real estate within the Russian Federation governed by the following legal sources:

• federal law No. 122-FZ (clause 7) dated July 21, 1997 "On state registration of rights to real estate and transactions with it";
• Civil Code of the Russian Federation (Article 551, clause 1). This article refers to the abolition of the mandatory registration of sales contracts in the Russian Federation from 03/01/2013. That is, previously two registration entries were made with the USRR, and now one - only upon the transfer of ownership.

Article 551

1. The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration.
2. The execution of the contract for the sale of real estate by the parties before the state registration of the transfer of ownership is not a basis for changing their relationship with third parties.
3. In the event that one of the parties evades state registration of the transfer of ownership of real estate, the court has the right, at the request of the other party, and in cases provided for by the legislation of the Russian Federation on enforcement proceedings, also at the request of the bailiff, to make a decision on state registration of the transfer of right property. The party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.

The question arises: But what to do with objects for which legal acts were fixed before these regulatory documents came into force?

Answer without options: the rights to such apartments must undergo state registration without fail.

The owner always has a choice - whether to register the rights to the apartment in the Federal Registration Service (with registration of the transfer of rights in the USRR) or contact a notary (?). After all, he has all the powers to certify the fact of sale and purchase between the two parties.

However, this choice must be meaningful, and the significance of state registration and its legal meaning should be clearly understood.

During the state registration of any real estate transactions, information about the changed owners is reflected in the unified state register of property rights (EGRP).

Only then can the owners freely manipulate their own housing:

• sell;
• present;
• rent out;
• bequeath;
• bail;
• position as a property in mortgage lending for the expansion of living space.

Unlike state registration, the conclusion of an agreement through a notary will not provide such a breadth of authority.

Notarial contract only certifies the transfer of ownership to the new owner. That is, a new ownership right has arisen, but it has no legal force.

There is another catch that threatens the buyer (that is, the new owner). The fact is that sometimes scammers "sell" the same apartment twice, if not three times.

The scam is moving rapidly, with total preparation "on all fronts" (up to fake notaries!), using duplicate title documents or even using fake forgeries.

What gives the state registration of the transaction of purchase and sale of an apartment in the registration chamber:

• when contacting the state registrar, it is necessarily revealed whether the current buyer is buying an apartment that has already been sold a little earlier;
• your transaction registered through the FSR is protection against fraudulent sales of this apartment behind your back. That is, if someone comes tomorrow and claims that he also bought the same object, you boldly show him your legal Certificate of state registration of property rights along with the registered contract and politely say goodbye.

A sample contract for the sale of an apartment can be downloaded.

Can they refuse the procedure?

Sometimes the registration authority finds the declared transaction impossible. Reasons may vary, although they all relate to the documentary inconsistency of the object:

• documents submitted for registration (of course, not all, but one or two of them) have signs of falsity. Authenticity is judged on the basis of a deep legal examination conducted by the staff of the Federal Registration Service after receiving the documents;
• all documents submitted for registration are genuine, but circumstances have been identified due to which the alienation of the apartment to the new owner is impossible. For example, persons temporarily removed from the register (located in places of deprivation of liberty, on a long foreign or polar business trip, etc.) apply for the use of an apartment;
• other grounds.

When does registration take place?

The registration procedure is not difficult. How does registration work:

• both parties go to the FRS of the area where the object is registered;
• present their passports;
• the registrar performs a visual inspection of the submitted documents (for defects, blots, completeness);
• the buyer and the seller write applications to the registration service;
• if the package of documents is satisfactory, the registrar issues a receipt to each party about the fact of the transaction (indicating the list of documents).

At the end of the waiting period, the new owner receives documents for the apartment (issued in his name) in the issuance window of the Federal Registration Service.

The seller is also given an official document, and it is advisable to pick it up(copy of the contract of sale). It may be required in the future, when it is necessary to resolve the issue in connection with the sale of real estate.

Where to apply?

Where and for how many days is the contract of sale of an apartment registered? Who registers the contract and how is it done?

Each city has its own FRS department. Small rural settlements are assigned to the registration service in the regional center, where there is a department for working with the region.

But this path, alas, is not always smooth. The number of transactions made is quite large, so it is often incredibly difficult to get an appointment with the registrar.

To avoid long queues, there are alternatives:

• services of a real estate agency with a good reputation;
• MFC (multifunctional center where legal documents are accepted and processed, and transactions are registered much faster). This structure appeared not so long ago, but it works very successfully in a number of large cities of Russia;
• contact a qualified real estate lawyer. Such professionals always have access to registrars in line with business relationships. In addition, lawyers will help to level the smallest details of the upcoming transaction, to secure it.

What documents are required?

What documents must be submitted to the Regchamber when selling or buying an apartment? To register a sale and purchase transaction, need to collect a package of documents:

When the documents for registration of the contract for the sale of an apartment are collected, at the time of their submission directly in the registrar's office is filled out.

It contains a list of submitted documents for sale, as well as the preferred form of obtaining a registered sales contract and a Certificate (in the office by extract or by mail).

Timing

What are the deadlines? How many days does it take to register a contract for the sale of an apartment in the registration chamber (Rosreestre)?

According to the law, the term for registering a contract for the sale of an apartment is 30 working days. Sometimes documents are ready much earlier - in 10-15 days. Registration through the MFC takes no more than 5-7 days.

Readiness can be inquired by phone specified in the extract received from the registrar. In some cities, a different system has been adopted: any questions about transactions are asked through a common multi-channel helpline telephone.

When registering through the MFC, reference phones are also given. Calling there is recommended within 10 days from the date of submission of documents.

For what? The fact is that you can never know with a guarantee whether the transaction will be “smooth” or it will be suspended. Any suspension is accompanied by an official letter, which is sent by mail at the expense of the budget.

All this will take time. To not lose it it is better to call the help desk and find out if there are any suspensions for a particular transaction.

Not every transaction goes smoothly and smoothly. There are certain pitfalls, legal difficulties, problems with owners and third parties applying for an apartment.

To successfully register, it makes sense to contact competent lawyers specializing in real estate matters.

→ List of documents

Your attention is presented with a list of documents submitted for state registration of property rights.

1. Application for state registration of property rights. It is filled in by the buyer directly at the table of the employee of the registration chamber. He issues the application form.

2. A power of attorney issued in accordance with the procedure established by law to conclude an agreement, if the party to the agreement is a person acting on the basis of a power of attorney, and (or) a notarized power of attorney to represent the interests of the party to the agreement during state registration. Issued by a notary. The original and a copy of the document are provided.

3. A payment document confirming the payment of the state fee for the state registration of the contract and (or) right. Receipt of payment of state duty. Provided by the buyer and seller of real estate. See details and payment procedure. Originals and copies of these documents.

4. A title document confirming the seller's ownership of the alienated real estate. Title documents: a contract of sale or a donation contract, or an agreement on the transfer of an apartment to the ownership of citizens, or a certificate of the right to inheritance, or an equity participation agreement, an act of acceptance and transfer of an apartment, or an assignment agreement, an act of acceptance and transfer of an apartment, etc. . Provided by the seller of real estate in the original.

5. Plan of the object, certified by the organization (body) for the registration of real estate and (or) carrying out activities for maintaining the state land cadastre (technical passport, cadastral plan, etc.). Submission of the specified plan is not required if the plan of the relevant immovable property has already been submitted and placed in the relevant file of title documents. A technical or cadastral passport and a copy thereof are provided by the seller if the property being sold was acquired by him before 1997, and the documents were not submitted to the registration chamber before the sale, respectively, the seller does not have a certificate of state registration of ownership. A technical and cadastral passport can be ordered from the BTI.

6. Purchase and sale agreement in at least three original copies, if the agreement is made in simple written form, originals.

8. Certificate of persons entitled to use the residential premises, certified by the official responsible for the registration of citizens at the place of stay and place of residence. Certificate of registered persons in the property being sold or an extract from the house book. This certificate is taken from the housing and communal services management company (MUP, HOA). Provided by the seller. Original and copy of the document.

9. Permission (consent) of the body of guardianship and guardianship:

• when buying and selling real estate owned by minors, incapacitated, persons with limited capacity;
• when buying and selling real estate in which members of the owner's family under guardianship or guardianship live, or minor members of the owner's family left without parental care, if the rights or legally protected interests of these persons are affected;
• to give consent by a legal representative to a minor aged 14 to 18 years to waive the right to pre-emptive purchase of a share in the right of common ownership of property or to waive the said right by legal representatives of a minor under 14 years of age;
• in other cases established by law;

If real estate (an apartment, a room, a share in an apartment) is owned by minors, incapacitated, partially capable persons, then official permission (consent) of the guardianship and guardianship authorities is required for its sale. The document is provided by the seller in the original and a copy. It must be borne in mind that such a permit will be issued to you by the guardianship authorities if they are sure that other real estate will be provided instead of the sold real estate of this category of owners. At the same time, the rights of minors, incapacitated, partially capable persons will be observed. Read more.

10. Written consent of parents, adoptive parents or guardians if the seller or buyer is a minor between the ages of 14 and 18;

11. Written consent of the trustee, if the seller or buyer is a person with limited legal capacity;

The document in paragraphs 10 and 11 is provided by the seller and / or buyer, if the seller and / or buyer of the apartment, room or share in the apartment is a minor citizen aged 14 to 18 years or a person with limited legal capacity. These persons have the right to dispose of their property, the right to sign. These persons, along with the rest of the participants in the transaction, sign a contract for the sale of real estate and other related documents. In order not to provide such permission, you can add a couple of lines about the consent of parents and / or guardians in the preamble and when signing the sale and purchase agreement. For example:

As I have already said, the participants in the transaction, when signing the contract of sale, write their full surname, name, patronymic with their own hand and sign. This also applies to writing the so-called consent of parents and / or guardians directly in the contract itself, when it is signed.

12. A document confirming the powers of the legal representatives of minors, persons with limited legal capacity, incapacitated persons (court decision on declaring a citizen incompetent, resolution of local authorities on the appointment of a guardian, etc.). Provided by the buyer and / or seller in the original and a copy if the party to the transaction is a minor, with limited legal capacity, incapacitated citizen. For minors, this document will be a birth certificate. Original and copy.

13. Notarized consent of the spouse of the seller, if the seller is one of the spouses, and the property is jointly owned by the spouses. Issued by a notary. The document is provided by the seller in the original and a copy.

14. Notarized consent of the spouse of the buyer, if the buyer is one of the spouses, and the property is acquired in the common joint property of the spouses, and the transaction is subject to state registration; marriage or divorce certificate. Issued by a notary. The consent of the spouse and the marriage certificate is provided by the buyer in the original and a copy.

When purchasing a dwelling using credit (borrowed) funds, the following shall be additionally submitted:

1. Loan agreement or target loan agreement;
2. Mortgage (when certifying a mortgage), documents indicated in the mortgage as an attachment;
3. An independent appraiser's report on the appraisal of a dwelling, when certifying a mortgage mortgage;
4. Consent of the body of guardianship and guardianship to the alienation and (or) mortgage of the residential premises, in which the family members of the owner of this residential premises under guardianship or guardianship, or minor members of the owner's family left without parental care, if this does not affect the rights or legally protected interests of these persons;
5. Consent of the body of guardianship and guardianship to the mortgage of residential premises in the event of the acquisition of property in the name of a minor, incapacitated person or person with limited legal capacity;

A loan agreement or a target loan agreement, a mortgage, the buyer must receive from the lending organization that provides him with funds for the purchase of real estate. The report of an independent appraiser is provided by the buyer in the original and a copy. The consent of the guardianship and guardianship authorities is provided by the seller / buyer in the original and a copy.

And finally, all participants in the real estate purchase and sale transaction must present identification documents (passport, birth certificate, etc.) when submitting documents for registering a sale and purchase agreement and transferring ownership.

Imagine you bought an apartment in a new building, accepted it from the developer, received acceptance certificates. Next, you need to register an apartment in the property. This is where the very word “rosreestr” pops up in memory. In today's article, we will tell you what Rosreestr is, when and why it is needed.

What is a registry

Rosreestr is the Federal Service for State Registration, Cadastre and Cartography. This is an executive authority that organizes a unified system of cadastral registration of real estate, state registration of rights to property and transactions with it.

If you need to legalize a transaction, find data on real estate or land, everything can be done in Rosreestr. The main tasks and functions of the service:

• maintain the Unified State Register of Real Estate (EGRN);
• Unified State Register of Self-Regulatory Organizations (GRSO);
• State Real Estate Cadastre;
• State catalog of geographical names;
• consolidated state register of arbitration managers;
• state fund of data obtained as a result of land management;
• exercise state land supervision;
• state geodetic supervision;
• monitor land (except for agricultural land);
• supervise land management;
• conduct an examination of land management documentation.

Rosreestr stores information about more than 150 million real estate objects throughout Russia. These are residential buildings, apartments, summer cottages, agro-industrial facilities and factories, roads, bridges, power grids, forests and nature reserves.

When you receive the keys to the apartment, your task as a future owner is to make sure that the state enters information about your new apartment into this register.

Why is registry useful?

A few years ago, it was necessary to stand in line at the Rosreestr, Cadastral Chamber or MFC office in order to register an apartment as a property or legalize a deal with other real estate. Now everything can be solved on the Internet on the site rosreestr.ru.

The Rosreestr website is a convenient way to receive real estate-related services, a source of up-to-date information about services and objects, and a way to report changes in ownership.

All services related to operations with land and real estate are available on the portal for individuals and legal entities.

Registration of rights to real estate

To become the owner of an apartment, house, land and other real estate, you need to legalize the right of ownership. This is an inalienable right of a citizen of Russia and the basis of a legal society. Without the right of ownership, you will not be able to conduct any transactions with real estate and land.

Cadastral registration

Cadastral registration is a huge housing base. If an apartment or house is registered with the cadastre, it means that they have documents and it is possible to make purchase and sale transactions with them. Usually, the developer puts new buildings on the cadastral register before you receive ownership.

If you need to register a piece of land as a property, an apartment with redevelopment or a house on the secondary market, then apply for cadastral registration on the website.

The authorities of the Russian Federation, established at various levels of functioning, are endowed with special powers. Among those dealing with cadastre and real estate is Rosreestr. What is the nature of this agency's work? What is its organizational structure?

General information about the department

Rosreestr - what is it? This name corresponds to the federal department - the Cadastral Service, which carries out activities related to the reflection in state registers of information about the rights to real estate, as well as transactions with it. In addition, the department is responsible for the infrastructure related to the spatial data of the Russian Federation. The Cadastral Chamber is subordinate to Rosreestr.

Office location

Where is Rosreestr located? The address of the central office of the department, which is located in Moscow: st. Vorontsovo Pole, 4a. Many issues are resolved by Rosreestr specialists by phone - for this, a support service works. By contacting there, you can clarify certain information about where Rosreestr is located in a particular region, the address of the corresponding representative office of the department in the constituent entity of the Russian Federation.

Department history

Consider how Rosreestr was created (the official name is the Federal Registration of Cadastre and Cartography).

It can be noted that its establishment was preceded by a rather long history of the development of cadastral legal relations in Russia. Among the most famous events reflecting these relations is the implementation of the General Land Survey in accordance with the Manifesto of September 19, 1765.

Subsequently, the land surveyors of the Russian Empire continued to solve problems related to the delimitation of various lands and possessions. In 1907, a separate Committee was formed, responsible for land management affairs. In 1911, a separate Regulation was adopted that regulated this area.

After the Revolution of 1917, the land in the state was nationalized. As part of the strategy of subsequent socialist construction, various were issued for the use of citizens and business entities. For example, in the 1930s, large areas could be obtained by agricultural artels. To do this, state structures had to solve the tasks of land surveying, that is, to carry out functions close to those performed by the modern Federal Service for State Registration of Cadastre and Cartography.

In the post-war period, the Soviet leadership focused on the development of virgin lands. This direction of socialist construction, again, involved the introduction and improvement of approaches to land surveying of territories for various purposes.

After perestroika, the institution of private land ownership returned to Russia. A large number of property owners appeared - citizens, organizations. Legal relations with their participation required the state to establish a special competent department that would regulate the procedure for concluding real estate transactions.

Department establishment

The agency in question was established in the process of administrative reform in March 2004. Initially, the body was called Rosregistration. He was in charge of solving a fairly wide range of issues. For a certain period, the Rosreestr of real estate objects functioned within the framework of the corresponding departmental vertical. In March 2009, the period of transfer of its functions in favor of Rosreestr was completed.

Thus, gradually, taking into account the peculiarities of the socio-economic development of the country, the authorities came to the establishment of such a structure as Rosreestr. What is land management in the modern sense, which reflects the specifics of the work of the department in question?

First of all, this area of ​​activity involves a detailed study by competent specialists of the state of various real estate objects, especially if they have a significant economic purpose. However, land management is not the only function that Rosreestr performs. this department today?

It is aimed, first of all, at the formation of a single system for the whole country of cadastral registration of various real estate transactions, the effective implementation of legislative norms in this area of ​​legal relations.

The main powers of Rosreestr

The main powers that Rosreestr has are as follows:

• maintaining a national register of rights to real estate, a cadastre, a catalog of geographical names;
• maintaining a register of the state fund of information obtained as a result of land management;
• exercising supervisory powers;
• implementation of land monitoring - within its competence;
• implementation of control over land management;
• examination of documentation related to land management.

Accountability of Rosreestr

The agency in question is accountable to the Russian Ministry of Economy. Prior to that, it was subordinate to the Ministry of Justice of the Russian Federation. In its activities, the body is guided by the Constitution of Russia, federal sources of law, international agreements, departmental acts of the Ministry of Economic Development.

Registration in Rosreestr of various objects and legal relations is carried out through the federal office and territorial structures. In some cases, various subordinate organizations are involved in the work of the department. If necessary, registration in the Rosreestr is carried out with the interaction of different people on issues within the scope of their competence. In addition, the activities of the department may be related to communications with municipal public structures and other business entities.

Organizational structure of the department

The federal body under consideration is headed by a head who is appointed to the position by the Government of the Russian Federation on the proposal of the head of the Ministry of Economic Development. The head of department has deputies. They, in turn, are appointed by the head of the Ministry of Economic Development on the proposal of the head of the department.

Various departments of Rosreestr solve the widest range of tasks related to the exercise by citizens and organizations of their rights in the field of real estate transactions and other legal relations, participation in which is within the competence of the department. The organizational structure of its various subdivisions is determined at the level of specific representations of the corresponding federal body.

This is the specifics of the activities of the department, whose name sounds like Rosreestr. What is the Federal Cadastre Service, we have studied. This state structure is responsible for regulating a wide range of legal relations in real estate transactions involving both individuals and legal entities.