Real estate registration in a new way: how will it be? The new procedure for state registration of real estate: to be in time quickly What's new in the registry office.
In 2017, a new law of July 13, 2015 No. 218-FZ “On state registration of real estate” comes into force, according to which real estate will be registered. The new rules will simplify cadastral registration and shorten the procedure for state registration of rights to real estate. Until now, according to some reports, there are many real estate objects in the country that do not have cadastral numbers, respectively, the ownership of these objects is also not registered. The new law is intended to change the situation in the direction of simplifying the procedure and providing citizens with all the conditions for its speedy passage.
Main provisions of the new real estate registration law 2017
From 01/01/2017, the Unified State Register of Real Estate will be created. Information from the cadastre and the Unified State Register of Real Estate Rights will be entered into it. In total, the EGRN will include:
- Cadastre and its maps.
- Register documentation.
- Register of borders of all territories without exception.
Representatives of Rosreestr will register property rights and take into account real estate objects. Accounting and registration will take place simultaneously, which will halve the duration of all procedures.
Now citizens will be able to choose at their discretion the form of submission of documents for registration:
- paper form. Forms and documents can be handed over to a Rosreestr employee at any branch, or sent by mail. You can also contact the MFC.
- Electronic form. It is necessary to fill out forms on the Rosreestr website or on the public services portal.
The data received by Rosreestr will be stored in electronic form, which will increase the degree of their protection, as well as guarantee the safety of information. Everything that was previously entered into the database will remain so in it. All edits, changes will be saved in the USRN. In non-electronic form, data will be entered into the register only when citizens submit paper forms.
The document confirming the correctness of the cadastral number of this property and the ownership of it will be an extract from the USRN. Data on the contract on the basis of which the transfer of ownership took place will also be contained in the extract. No additional documents will be required to confirm your rights to real estate.
In addition to the procedure for registering rights, the mechanism of interaction between relevant departments will change towards simplification. If changes in the status of the property occur due to a court decision, then new data will be entered into the register without the participation of the copyright holder. The data will also be transferred to Rosreestr automatically.
An important innovation cancels the obligation to submit documents at the location of the property. Now citizens and legal entities can submit information to any convenient division of Rosreestr or to the MFC branch at the place of residence.
The duration of all procedures will be halved. The property will be registered with the cadastre within 5 days from the date of submission of the data, and the state registration of ownership will be completed within the same period. To obtain a new cadastral number, the period is increased by 2 days, and for those who register through the MFC, the period is increased by 4 days. If you want to perform both procedures at once, you should lay down a period of 10 days or 12 (when applying through the MFC). The deadlines do not depend on the form of data submission - paper or electronic.
In the event that Rosreestr made a mistake, or illegally refused registration to the applicant, it is possible to resolve the dispute in court. If it is established that the dispute arose through the fault of the plaintiff or a third party, then Rosreestr will have the right to file a recourse claim.
In the event that the owner loses the right to the property in the course of a fraudulent transaction, the law describes a number of conditions under which such a former owner will be able to receive a one-time compensation. This situation applies to all cases when the property at the time of the dispute was registered in the name of a bona fide purchaser. The state federal budget will finance such payments, but the amount of compensation will not exceed 1 million rubles.
What will change in real estate registration from 2017
Summarizing, we can summarize the changes that will occur from 01/01/2017 in the registration of real estate. With the creation of the USRN, the database on the cadastre and the register of property rights will be combined. Eventually The following procedures will be greatly simplified:
- The period of state registration and registration of a new cadastral number for this property will be reduced by 2 times.
- Everyone has the right to choose the form of submission of information to Rosreestr that is convenient for him - in paper form or in electronic form. Moreover, this can be done anywhere in the country if the applicant wishes to do it personally. All this is done for the convenience of citizens, especially those who live in rural areas.
- If a real estate object becomes the object of legal proceedings, as a result of a court decision, its owner and / or cadastral number changes, then this data enters the registry database without the participation of the owner, automatically.
- For making mistakes and for the illegal refusal of Rosreestr to register property rights, the law provides for liability.
- The USRN database stores all information about the property, all changes, clarifications, corrections. Nothing is erased or removed from the database.
Thus, with the entry into force of the new law "On Registration" gives citizens and legal entities the opportunity to carry out the procedure for registering rights to real estate in the shortest possible time and with maximum comfort. Anyone who previously did not want to stand in lines and draw up documents can now submit information in electronic form without leaving home on the public services portal.
The new real estate registration rules that have come into force since 2017 change the approach to transactions and clarify the very concept of some objects.
Consolidation of Rosreestr and the Cadastral Chamber
FZ-218 "On state registration of real estate" came into force on January 1, which regulates the new rules for registering real estate 2017. From now on, it is possible to register an apartment or a country house and register ownership of property in transactions of sale or donation in one institution. More recently, I had to visit Rosreestr, and then the Cadastral Chamber.
It is noted that the merger of the two structures has already caused problems. In some regions, Rosreestr stopped accepting documents in December. The reason is the transition to a new electronic registration system, which has become another innovation of the coming year.
Unified State Register
The new rules for registering real estate since 2017 fix the norm according to which all transactions are recorded in the USRN - the Unified State Register of Real Estate. Paper copies of documents will not be made.
USRN goals:
archiving of all information on real estate transactions;
consolidation of the rights of owners and control over the observance of their rights;
reduction of bureaucratic red tape;
no problems caused by the loss of paper documents.
But the main thing is that documents should now be issued faster:
registration of the transaction - instead of 10 working days 5;
registration of property rights - instead of 10 - 7;
extract from the USRN - instead of 5 for 3.
On a note! When ordering two services at once (registration of a transaction and property rights), the processing time will be 10 days (through the MFC - 12 days).
Documents with delivery
The rules for registering real estate that came into force in 2017 make it possible to take advantage of an innovation - courier delivery of papers to a specified address. Previously, they had to come in person or draw up a power of attorney with a notary. A separate line “delivery by courier” was added to the Rosreestr forms, which, for an additional fee, eliminates wasting time.
Register and manage property remotely
An extraterritorial document management system has also been put into operation. To register the property as a property, you do not have to travel to the actual address of the object. You can do this from anywhere in the country. The same applies to situations in which property is sold, bought or donated.
Parking spaces have become real estate
The understanding of the term "parking place" has been changed. If until 2017 they were considered a component of common house property and could not be registered as private property, then from January 1:
the very concept of “parking place” appeared in the Civil Code (changes were made to FZ-315);
Parking spaces and underground garages can be registered, sold, exchanged and donated without the consent of other parking space owners.
On a note! The innovation does not apply to places in yards, ground parking lots and roadsides - it is still impossible to become their owner.
Interestingly, since the entry into force of the law, not a single car owner has yet wanted to become the owner of a parking space in Moscow parking lots of new buildings. Previously, developers noted that the demand for parking spaces in new buildings in Moscow is extremely low.
Perpetual privatization
The last date for the completion of free privatization, scheduled for March 1, 2017, again turned out to be irrelevant. Initially, they wanted to extend it until 2020 only for residents of Crimea, but at the end of February, Vladimir Putin signed a law on unlimited privatization throughout the country.
Double rate
Double expenses await those who have not yet issued country houses built on plots allocated for individual housing construction. If citizens do not declare their rights in 2017, they will receive a receipt for payment of land taxcalculated at a double rate.
It is important that now, instead of a declaration, the technical plan has become the basis for registering houses, baths and garages in garden partnerships. If earlier it was enough to fill out a declaration, pay a state duty of 350 rubles and submit it along with the application to Rosreestr, now to draw up a technical plan, you need to call the BTI and cadastral engineers who will record the exact coordinates of the house, measure the building and produce a technical plan within a week. Rosreestr promises that the innovation should not complicate the life of the Russians.
Recall that the “dacha amnesty” (FZ No. 93), which involves a simplified procedure for registering real estate, has been extended until March 1, 2018, but only in relation to houses built on plots for individual housing construction.
Federal Law "On State Registration of Real Estate" (218-FZ) 2020, 2019
- checked today
- revision dated 23.01.2020
- entered into force on 01.01.2017
In the latest valid edition of January 23, 2020.
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The Federal Law "On the State Registration of Real Estate" (218-FZ) regulates relations in connection with the implementation in the territory of Russia of state registration of rights to real estate and transactions with it, subject, in accordance with the legislation of the Russian Federation, to state registration, state cadastral registration of real estate. The law also regulates the issues of maintaining the Unified State Register of Real Estate and the provision of information provided for by this Federal Law contained in the Unified State Register of Real Estate.
The Federal Law "On State Registration of Real Estate" states that the unified state register of real estate is a set of reliable systematized information about registered real estate, about registered rights to such real estate, the grounds for their occurrence, copyright holders, as well as other information established by this Federal Law.
The Law "On State Registration of Real Estate" establishes that state registration of rights to real estate is a legal act of recognition and confirmation of the emergence, change, transfer, termination of the right of a certain person to real estate or restriction of such a right and encumbrance of real estate.
Norms 218-FZ do not apply to state accounting and state registration of rights to aircraft and sea vessels, inland navigation vessels, subsoil plots.
Chapter 1. General Provisions
Chapter 2. Unified State Register of Real Estate
Chapter 3. State cadastral registration of real estate and state registration of rights to real estate
Chapter 4
Chapter 5. Entering information into the unified state real estate register in a notification procedure
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Photo from 4geo.ru
On January 1, 2017, a new law on state registration of real estate comes into force. It is assumed that its norms will allow citizens and legal entities to register their property faster and easier. At first glance, this is true: the time for registration of rights and cadastral registration will be reduced by almost half, the registration itself can be carried out in any region, regardless of the location of the object, and some entries will be entered into the register automatically. However, practicing lawyers believe that with the application of some new rules, difficulties may arise, and they recommend registering the rights and putting the object on the cadastral register according to the old rules - there is still time to do this.
Legal regulation
In fact, from January 1, 2017, real estate registration relations will be regulated by three laws at once: the new law on state registration of real estate and the laws currently in force on state registration of rights to real estate and transactions with it and on the state real estate cadastre (part 4 of article 72 of the new law on state registration of real estate). Director of Legal AffairsBIND Therapeutics Tatyana Sitnova recommends that you pay special attention to the list of documents that are necessary for registration and accounting: "They differ slightly in different laws, but do not contradict each other - which means that it will be necessary to provide them all."
Maintenance of the Unified State Register of Real Estate
The Unified State Register of Rights to Real Estate and Transactions with It (EGRP) and the State Real Estate Cadastre (GKN) will be merged into the Unified State Real Estate Register (EGRN). For these purposes, it is planned to allocate 4,851 million rubles from the federal budget. However, it happens that the information in the USRR and the State Property Committee often does not coincide, for example, the Novosibirsk road with a lawn, trees and shrubs was marked in the USRR as a real estate object (see ""), and in Kemerovo a motor ship converted into a cafe was almost recognized as real estate (see ""). In order for the correct entry to appear in the new register, it makes sense to check the USRR and the State Property Committee (and, if necessary, correct the data indicated there) before the beginning of next year. At the same time, the EGRN will be conducted exclusively in electronic form. Since July 15, Rosreestr has also not issued "papers on property".
A year ago, the courts emphasized that “in the aggregate, the registry entries must correspond to the title and other documents submitted for state registration, and the information specified in the certificate of state registration of rights must correspond to the entries in the registry” (resolution of the First Arbitration Court of Appeal dated July 27, 2015 in case No. А39-5198/2013). Now it is possible that if something happens to the entry in the register, in the absence of a certificate, the owner may have difficulty proving the fact of registration of his rights. "To prevent this from happening, I would advise you to periodically request extracts from the registers and keep them with you. But be prepared for expenses - one paper extract about a property from the USRN will cost citizens at least 750 rubles, for legal entities - 2200 rubles .", warns CEO of YurPartner Anton Tolmachev.
Reliability of information
The new law declares the principle of reliability of information contained in the USRN. "However, in reality, it turns out that we are only talking about the reliability of the data provided. If, for example, the register does not contain information about the protected zone of engineering communications, the water protection zone or other restrictions, this does not mean at all that they are not there. Accordingly, the price of such credibility," says partner of the law firm Goltsblat BLP Vitaliy Mozharovsky.
A year ago, the FSB proposed to restrict third parties' access to the personal data of property owners. Although the Cabinet of Ministers froze this bill (see ""), its public discussions and independent anti-corruption expertise are still ongoing on the Federal Portal of Draft Regulatory Legal Acts. "The coding in the Unified State Register of the names of high-ranking officials, which is not provided for by any laws, and persistent attempts to completely close information about the owners - well, what kind of reliability can we talk about here?" - asks Mozharovsky.
Indeed, since the end of 2015, the names of high-ranking officials began to disappear from existing registers. Thus, reports about this came from the Anti-Corruption Foundation and the Center for Anti-Corruption Research and Initiatives of Transparency International. Nevertheless, it is obvious: the record that this or that mansion belongs simply to an "individual" (and not to Ivanov Ivan Ivanovich) does not mean at all that it is a nobody's house.
Real estate registration deadline
Today, registration of rights and cadastral registration take 10 working days, respectively (12 working days - when submitting documents through the MFC). After the entry into force of the new law, the registration period will be reduced to seven working days (nine - when submitting documents through the MFC), and the term for cadastral registration - up to five working days (seven - when submitting documents through the MFC). If the registration of rights and cadastral registration take place simultaneously, then their total period will be 10 working days (12 working days - through the MFC). "That's good, of course," he says. Alina Tukhvatullina, lawyer of the service "Document Designer FreshDoc.ru". “However, such promptness does not lead to registrar errors during the legal examination of the transaction. Moreover, the burden on Rosreestr is only increasing,” the expert fears. To avoid this, she advises to conduct last-minute deals and register previously arisen rights now. “Terms for registration of rights and cadastral registration are constantly decreasing. But I always stand for one thing: for example, let the period be not five days, but 10, but this period will be real. And not so that it is written five days, but in reality the registrars use some loopholes, and this period is already different, ”said Alexey Kharlamov, Head of Department of Gazprom PJSC.
Extraterritoriality
From January 1, 2017, citizens and legal entities will have the opportunity to submit documents to any branch of Rosreestr, regardless of where the property is located. This is very convenient for companies that have a huge number of premises and one head office, for example, in Moscow or St. Petersburg. “Everyone has been waiting for this innovation for a very long time. But the flow of applications for registration of regional real estate objects in large cities causes concern - I'm afraid it can blow up the technical and physical capabilities of the registrars,” Sitnova believes.
Commissioning of the facility
The current practice generally allows obtaining permission to put into operation a newly created object, even if the lease period for the land plot provided for the construction of this object has expired. However, after January 1, 2017, this will become impossible - the new law expressly states that commissioning must be carried out within the term of the relevant contract. But it will be possible to register the right to such an object after the end of the lease. “Given that since last year, land legislation has significantly limited the terms and possibilities of extending lease agreements for construction purposes, developers should be very careful about this innovation. authorized bodies have enough time to issue all permits," warns Senior Associate at Egorov Puginsky Afanasiev & Partners Anton Alekseev.
Record of the formation of a land plot
"If you plan to purchase a land plot formed from lands or a land plot, state ownership of which is not delimited, when submitting an application for state cadastral registration after January 1, 2017, I recommend that you attach an application for state registration of property rights to it," advises Managing Partner of Murashov, Yashin & Partners Law Office Denis Murashov. The fact is that after the entry into force of the new law in the cadastral registration of land plots, by default, a record will be made that these plots are formed from lands or a land plot, state ownership of which is not delimited. This means that such land belongs to the state, but it has not yet been determined - the municipality, the region or the Russian Federation. If this is not the case and the owner of the land in accordance with the title documents is, for example, a legal entity, its rights may be violated. “In addition, before purchasing such a plot, be sure to ask on the basis of what documents the corresponding entry was made in the USRN,” adds Murashov.
The new law on state registration of real estate, according to experts, has not only positive, but also very ambiguous norms. Thus, citizens should seriously think: does it make sense to wait for it to come into force, or maybe it is better to register your rights to real estate as soon as possible, while the old rules are still in effect?
State registration of real estate before and after January 1, 2017
Comparison object Before January 1, 2017 After January 1, 2017 Regulation Federal Law No. 122-FZ of July 21, 1997 "On State Registration of Rights to Real Estate and Transactions Therewith", Federal Law No. 221-FZ of July 24, 2007 "On the State Real Estate Cadastre" Federal Law No. 122-FZ of July 21, 1997 "On State Registration of Rights to Real Estate and Transactions Therewith", Federal Law No. 221-FZ of July 24, 2007 "On the State Real Estate Cadastre", Federal Law No. 218-of July 13, 2015 Federal Law "On state registration of real estate" Place of submission of documents for registration Department of Rosreestr at the location of the property Any branch of Rosreestr, regardless of where the property is located Real estate registration deadline Registration of rights - 10 working days (when submitting documents through the MFC - 12 working days)
Cadastral registration - 10 working days (when submitting documents through the MFC - 12 working days)
Registration of rights - seven working days (when submitting documents through the MFC, nine working days)
Cadastral registration - five working days (when submitting documents through the MFC, seven working days)
With simultaneous registration of rights and cadastral registration - 10 working days (when submitting documents through the MFC 12 working days)
State information resource that contains data on existing and terminated rights to real estate, right holders, the presence of encumbrances and other information Unified State Register of Rights to Real Estate and Transactions with It (EGRP), State Real Estate Cadastre (GKN)
Unified State Register of Real Estate (EGRN) Reliability of information Not legally mandated The principle of reliability of the information contained in the USRN is declared Record of the formation of a land plot not legally regulated During the cadastral registration of land plots, by default, a record will be made that these plots are formed from lands or a land plot, state ownership of which is not delimited Commissioning of a newly created facility at the end of the lease term for a land plot provided for the construction of this facility Legislatively not regulated, in practice it is allowed Prohibited by Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate" In mid-July, the President of the Russian Federation Vladimir Putin signed a number of documents relating to the implementation of cadastral registration and registration of real estate. Among them is the Federal Law of July 13, 2015 No. 218-FZ "", which will come into force on January 1, 2017 (hereinafter referred to as the new law on registration). The norms of the Civil Code of the Russian Federation regarding the recognition of an object as an unauthorized construction have also been changed (the changes have already entered into force on September 1). In addition, the procedure for registering rights to real estate without the participation of the right holder (at the request of the authorized state body) was clarified - the new rules will begin to apply from December 1 of this year. The new rules have both pluses and minuses, we will consider them in more detail.
You don't have to step into the same river twice
Currently in Russia there is actually a double regulation of issues related to the registration of real estate. State cadastral registration of immovable property is regulated by the Federal Law of July 24, 2007 No. 221-FZ "" (hereinafter - the law on the cadastre), and state registration of rights to real estate and encumbrances is carried out in accordance with the Federal Law of July 21, 1997. No. 122-FZ "" (hereinafter - the current law on registration). In this regard, in order to register the ownership of a land plot or a house subject to cadastral registration, applicants are forced to prepare two sets of documents, apply to two different organizations - the cadastral chamber and the territorial body of Rosreestr - and participate in parallel in two lengthy procedures. In addition, Rosreestr has to support simultaneously two state information resources with information about real estate objects: the Unified State Register of Rights to Real Estate and Transactions with It and the State Real Estate Cadastre, and the information contained in them often does not match.
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The new law on registration will unite in a single chain all actions for registration of real estate within the framework of a single accounting and registration procedure - from cadastral registration to obtaining documents on ownership.
What is written in pen...
All information about real estate objects, rights to them, restrictions on rights and encumbrances will be accumulated in the Unified State Register of Real Estate (hereinafter referred to as the Unified Real Estate Register). Moreover, the register will be maintained exclusively in electronic form, and information once entered into it cannot be deleted or withdrawn (,). Thus, the registry will simultaneously act as an archive. According to the developers of the law (let us recall that the relevant bill was submitted to the State Duma by the Government of the Russian Federation), the creation of a single state information resource will reduce the risks of operations in the real estate market, minimize paperwork and transfer public services mainly to electronic form.
The expansion of electronic interaction between authorities will create conditions for reducing the time for registration of rights. By the way, on the last day of last year, the deadlines for processing transactions with real estate were reduced. So, until December 31, 2014, 18 calendar days were allotted for registration and cadastral registration of real estate, and if the documents were handed over through the MFC, it took two days more. Today, registration of rights and cadastral registration take 10 working days, respectively (12 working days - when submitting documents through the MFC) (,).
According to the new rules, from January 1, 2017, registration of rights will take seven working days (nine - when submitting documents through the MFC), cadastral registration - five working days (seven - when submitting documents through the MFC). And with the simultaneous registration of rights and cadastral registration - 10 working days (12 working days - through the MFC) (). If the rights are registered on the basis of a notarized transaction, a certificate of the right to inheritance or a certificate for a share in the common property of the spouses, then the registration period will be, as now, three working days. In the case of submitting documents in electronic form, the deadline will also not change and will be one day (,).
State registration is not only accounting, but also control, and ... responsibility
The new law contains the most detailed list of circumstances under which the state registrar decides to suspend the registration of rights and put an object on cadastral registration. Suspension of registration actions is provided in 51 cases, among them:
- the applicant's lack of rights to the property;
- contradiction of the declared rights and rights that are already registered in the unified register of real estate;
- delay in the submission of documents to Rosreestr by other departments;
- a court decision on the invalidity of the transaction, which is the basis for registering the right, etc. ().
Registration of rights and implementation of cadastral registration are suspended until the obstacles are removed, but not more than for three months, with the exception of a number of situations. Thus, for a period of up to one month, registration actions may be suspended in case of delays in the provision of the necessary documents to Rosreestr by other departments. Until the completion of registration actions for the current transaction with a real estate object, documents about which were received by Rosreestr, registration of a subsequent transaction with the same object is suspended. A dispute over the rights to immovable property that is the subject of a mortgage, or regarding the foreclosure of such property, will also become an obstacle to registration before a judgment is issued, etc. (). If, after the expiration of the specified period, the circumstances preventing registration have not been eliminated, then the state registrar will decide to refuse to carry out cadastral registration or registration of rights ().
In addition, right holders will retain the ability to prohibit the implementation of registration actions in relation to their real estate without their personal participation (). Recall that today the owner of the property can submit a corresponding application to Rosreestr, about which a special note is entered in the unified real estate register. This is done so that no one can take any action against the property against the will of its owner. If, nevertheless, the fraudsters make such an attempt, then in the presence of such a record, the registrar is obliged to return to the initiators an application for registration actions without satisfaction. However, such a record will not become an obstacle to registration actions performed on the basis of a court decision that has entered into legal force.
The new law on registration provides for similar rules, specifying them somewhat - for example, the maximum period for making an entry about the impossibility of performing registration actions is five working days from the date of receipt of the application (). Ilyas Vakhitov, Director of the ANO Center for Applied Research in Law and Accounting "Legal and Accounting Solutions", believes that such a ban is not a panacea. For example, this rule will not be able to protect owners in a situation where attackers, when stealing real estate, take possession of passports or receive other passports in the name of property owners - such cases have already been encountered in practice. There are also known facts when fraudsters used genuine court decisions to steal real estate, the expert adds.
Another norm, which migrated from the old law to the new one, gives the right holder, who has already lost the right to property, the opportunity to make a note in the unified real estate register about the presence of objections to the registered right to the property (,).
According to Ilyas Vakhitov, the conclusion of a transaction and registration of the right to real estate in the presence of an objection entry in the register actually casts doubt on the good faith of the next purchaser of such property, and under certain circumstances this may lead to the seizure of the acquired property from him by the court. On the other hand, an owner who has illegally lost his property has the opportunity to take prompt measures to protect his right even before the court accepts a corresponding claim from him - at least it will be more difficult for fraudsters to resell the property if a potential buyer finds out about such a record.
The Law on State Registration provides for the responsibility of the registering body for omissions in work. So, they will be punished for an unreasonable refusal to accept documents, red tape, technical errors in the records of the unified real estate register, unjustified refusal to provide information from the unified real estate register, etc. (). The damage caused by the registration authority as a result of improper performance of its duties will be covered in full at the expense of the treasury (). At the same time, it is possible for Rosreestr to recover the amounts paid from the direct perpetrators of the violation, if any - the cadastral engineer, local government, etc.
The scope of personal responsibility of officials - state registrars of rights () has also been expanded. Today, persons guilty of intentional or careless distortion or loss of information about the rights to property are liable only for material damage caused during registration actions (). Under the new law, state registrars of rights will be required to compensate for losses caused by their illegal actions to the territorial body of Rosreestr, and if the damage was caused by intentional actions, then registrars will be required to compensate for losses in full (including lost profits). In addition, they will be punished for unreasonable refusal to carry out and suspension of registration actions, as well as for evasion of duties (). However, the procedure for compensation for losses caused by the actions of state registrars, as well as the limits of such compensation, are not fixed in the law.
In addition, the law on state registration clarifies the current norm on the right of citizens to receive a one-time compensation in the event of loss, for reasons beyond their control, of the right to a single housing registered in the unified real estate register (). The maximum amount of such compensation will be, as now, no more than 1 million rubles. (). To receive compensation, the injured person will have to prove in court the fact that it is impossible to recover property due to the death of the debtor and the absence of legal successors or the liquidation of the legal entity ().
However, this rule will come into force only from January 1, 2020, which raises the question of ending the practice of compensation payments in the first three years of the new law. At the same time, it is obvious that by establishing a rather modest amount of compensation, the legislator encourages citizens to make transactions with real estate in a notarial manner. A notarized transaction not only guarantees additional legal protection, but also gives the right to impressive compensation to the parties in the event of unprofessional actions of notaries through individual insurance of the latter. Today, the amount of insurance payment under the civil liability insurance contract of a notary who has a notary office in an urban settlement is 2 million rubles. (in a rural settlement - 1.5 million rubles). And in the amount of 5 million rubles. Notaries certifying mortgage agreements are required to insure their activities ().
OPINION
Elena Tikhonova, lawyer at the Yukov & Partners Bar Association:
"The new law did not live up to the expectations of experts on the issue of mandatory notarization of real estate transactions made with the participation of individuals. Indeed, the corresponding amendments to the Civil Code of the Russian Federation proposed at the time caused a negative reaction from society. Citizens saw this only as a desire of notaries to earn more money. However, Admittedly, citizens who use the services of notaries to certify real estate transactions, even in cases where the law does not provide for such an obligation, are much less likely to subsequently face the need to prove the validity of such transactions in court, and as a result, do not spend money on expensive lawyers. In addition, the notarial form of the transaction involves compensation to citizens for losses caused by illegal actions of notaries.Therefore, the introduction of a mandatory notarial form of real estate transactions with the participation of individuals would be a positive moment not only in terms of increasing the reliability of information in a single register re real estate and reduce the burden on the courts, but also from the standpoint of reducing the cost of legal costs for both citizens and the state.
Despite the fact that the new law contains a number of useful innovations, experts did not agree on the need to adopt it in its current form. As the lawyer of the Yukov and Partners Bar Association explained to the GARANT.RU portal, given that the legislator considered it necessary to radically update the legislation, it would be reasonable to assume that the law should not only merge registries and somewhat simplify the procedure for accessing them, but radical way to change the approach to real estate registration, as well as to solve at least some of the existing problems in this area. As such, the expert notes the insufficient reliability of the data of the unified register of real estate, which affects, first of all, the calculation of property taxes. In addition, in her opinion, the law does not provide for expanding the access of notaries to the data of the unified register of real estate. So, given the transfer of all real estate data into electronic form, it would be a logical step to provide notaries with online access to the entire database of the unified real estate register for purposes related to verifying the accuracy of information when certifying a transaction. Notaries' access to the unified real estate register, in turn, could improve the accuracy of the information contained in it, as well as the security of the parties to real estate transactions.
The hut on chicken legs can no longer be registered
On September 1, amendments to the Civil Code of the Russian Federation came into force, clarifying the legal regime of unauthorized construction (). Previously, in order to legitimize "squatter construction" and formalize ownership of it, it was enough to prove in court that the disputed object does not violate the rights of others and does not threaten human life and health. Thus, even a slight violation of urban planning norms was allowed.
- the owner of the building must have the right to build an object on the site;
- the building on the day of applying to the court must comply with the parameters established by the territory planning documentation, the land use and development rules determined by the local administration, or the mandatory requirements for the building parameters contained in other documents ().
Thus, it became more difficult to legitimize "self-construction".
Another innovation is that local governments will be able to decide on the demolition of an unauthorized structure on their own without a court decision if it is erected on a land plot not provided for these purposes, if it is located in a zone with special conditions for the use of territories (with the exception of the zone protection of cultural heritage sites), or on the territory of common use, or in the right of way of engineering networks (). When deciding on the demolition of an unauthorized building, the local government will determine, taking into account the nature of the building, the terms for its dismantling, which cannot exceed one year (). If the person who carried out the illegal construction has not been identified, then the local authorities will be able to organize the demolition no earlier than two months after the publication of the relevant notice on the website of the municipal media body, including ().
Ownerless property will be taken into account
From December 1, a new procedure for submitting documents required for state registration of rights without the participation of the applicant will come into force in cases where one of the parties to the transaction is a state authority or local government (; hereinafter - Law No. 251-FZ). Similar situations arise, for example, during the privatization of housing, the conclusion of lease agreements for state or municipal real estate, etc. So, from December 1, in cases where the right or restriction (encumbrance) of the right to real estate arises on the basis of an act of a state authority or local government or transactions with them, then the procedure can be carried out at the request of the authority and without the participation of the person in whose favor registration actions are carried out. However, the person in respect of whom an act has been adopted or with whom a transaction has been made will also have the right to submit an application and the necessary documents on his own initiative ().
Also, from December 1, the law on the cadastre will be supplemented with a norm obliging Rosreestr to inform local authorities about “ownerless” real estate. The new rules will apply to those real estate objects, information about the owners of which is not in the state real estate cadastre after five years from the date of assignment of cadastral numbers to these objects. These rules will not apply to buildings and structures if state registration of ownership of at least one premises located in them has been carried out, as well as to apartment buildings and premises located in them and constituting common property ().
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