​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:

1. Cadastre and its maps.
2. Register documentation.
3. 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:

1. 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.
2. 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:

1. The period of state registration and registration of a new cadastral number for this property will be reduced by 2 times.
2. Everyone has the right to choose a convenient form for submitting information to Rosreestr - in paper form or in electronic. 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.
3. 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.
4. For making mistakes and for the illegal refusal of Rosreestr to register property rights, the law provides for liability.
5. The USRN database stores all information about the property, all changes, clarifications, corrections. Nothing is erased or removed from the database.

Thus, the legislator with the entry into force of the new law "On registration" gives citizens and legal entities opportunity at the short time and with maximum comfort to carry out the procedure for registering rights to real estate. 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.

This article will be useful to anyone who plans to purchase a home in the near future. To complete this procedure, you need to understand how the registration of ownership of real estate has been going on since 2019. After reading this material, you will learn how to register ownership at the MFC or through the State Services portal when buying a home or obtaining a mortgage and at the same time avoid refusal to issue a certificate.

In our country, all real estate is registered and registered with government agencies. This provision is enshrined in Federal Law No. 218, which entered into force on January 1, 2017. The supervising body in the field of real estate registration is Rosreestr, which maintains the Unified State Register of Real Estate (EGRN). The database is publicly available, but only Rosreestr employees can edit it.

At its core, state registration of ownership of an apartment is the entry of data about the new owner into the USRN.

This is important for the state, since real estate is taxed. This is also important for the owner, because only after registration does he become the owner and can dispose of the property at his own discretion. But he receives the right to use housing for personal purposes from the moment the transaction with real estate is completed, after signing the contract of sale and the act of transfer.

Registration procedure

In 2017, the registration procedure was significantly simplified, the number of documents required for this was reduced, and the terms for providing the service were reduced.

Contacting the Registration Chamber or MFC

If you want to personally deal with this issue, you have two options.

1. The Registration Chamber (Rosreestr) is an agency that directly provides registration services;
2. The MFC will help you collect all the necessary documents, then they will be handed over for registration of real estate. When contacting the MFC, you will not need to fill out an application yourself. Your documents will be accepted, checked, if shortcomings are found, they will help to eliminate them. Thus, the probability of refusal in registration is significantly reduced.

Internet

By registering on the Gosuslugi.rf website, you get the opportunity to arrange all kinds of services online. More and more Russians are starting to use this service. Through the State Services, registration of ownership of real estate is also available. You just need to fill out the application form on the website and upload the necessary documents after scanning them.

After accepting your application, you will be assigned a date and time for a visit to Rosreestr with original documents. Upon completion of all checks, the ownership will be registered, and no further action is required from you.

Advantages of the State Services website:

• filling out the application when and where it is convenient for you;
• lack of queues;
• individual reception at the registrar at the appointed time;
• a guarantee of the quality of the services provided, because the control of higher authorities over the execution of online requests is quite strict.

All users registered on the State Services have a digital signature, therefore, the submission of an application from this resource to any state institution is considered as an official appeal and is subject to legal consideration.

Intermediary companies

An option for busy people and those who do not want to knock on the thresholds of state institutions. There are law firms that are willing to take on these chores. In order to use their help, you need to issue a notarized power of attorney.

Step-by-step instruction

Preparation of documents

Documents that must be submitted to the MFC to register the ownership of the apartment:

• passport (in person);
• a power of attorney or a document confirming the authority (when contacting through an intermediary);
• a contract of sale or other document certifying the transfer of ownership;
• a copy of the receipt for payment of the state duty;
• statement;
• judicial acts, in case of transfer of ownership through the court;
• certificate, if the registration of the right of joint ownership of spouses and a minor child takes place on real estate acquired using maternity capital. .
• If your property is still under construction, the ownership is registered under the DDU (participation agreement).
• Other documents certifying the transfer or emergence of ownership: deed of gift, inheritance certificate, bailiff’s order, permission to put the facility into operation, privatization agreement, etc.

When registering property rights by gift, by inheritance, by will, the documents are preliminarily drawn up at the notary.

A notary prepares a contract of sale in the following cases:

• if the apartment is sold on a life-long basis with a dependent;
• when selling shared property, including by all owners at once;
• if the apartment belonged to a minor or incompetent person.

Visit to Rosreestr or MFC

Deadlines for registering ownership of real estate in 2017 are approximately the same for both design methods.

Application preparation

1. When applying to Rosreestr, you write the application yourself according to the model.
2. The MFC will do everything for you. You just sign the completed application.

Payment of state duty

The state duty for registration of property rights is calculated according to tax code and depends on the type of object, for example, in the case of an apartment, it is equal to 2000 rubles.

You can pay the fee both through the bank and through the terminal, as well as directly at the MFC. If you draw up a contract with a notary, then you will need to pay for his services.

Obtaining a certificate

Not so long ago, a certificate of ownership was issued in the hands of paper form. This practice has been abolished since 2017. Such evidence is no longer required by law. Ownership is certified by an official extract from the USRN, where, in addition to the technical parameters of the object, there is information about its owner. Therefore, now the procedure for registering real estate in ownership ends with the issuance of an extract.

If you purchase housing with a mortgage, data on the restriction on the alienation of the object are entered into the USRN without agreement with the bank. This is the only difference from the standard procedure that should not bother you, because as soon as you pay off the mortgage, all restrictions will be lifted.

Top Law Firms

Many law firms provide such services to assist in the registration of ownership of real estate. The price for them varies depending on the level of the company, region, scope of services. Many firms offer full support for the purchase and sale of an apartment. Of course, it will cost much more than just help with paperwork.

Lawyer

You can contact the Lawyer through their website, where you will be asked to fill out online form statements. In a special field, describe your situation in detail and send a request. Having paid a symbolic amount (700 - 900 rubles), you will receive an exhaustive answer with clear guidance and will be able to safely begin to act.

Please read the available answers before submitting your question. It is possible that a similar situation has already been described there. If you do not want to deal with the design yourself and want a lawyer to do everything for you, indicate this when filling out the form. Surely there is a specialist cooperating with the Lawyer, and living near you. He is willing to take on this job.

Ground company

This firm specializes exclusively in land issues. The company's specialists are able to perform all the necessary steps for legalization land plot.

Maris

The company operates in Moscow and Moscow Region. The type of activity is connected exclusively with the registration of real estate in the property, so the company's experts have gained vast experience in this area.

How can Maris lawyers help you?

• prepare all necessary documents;
• arrange them in accordance with the requirements;
• conduct an examination of documents;
• provide full legal support and verification of the purity of the transaction.

The first consultation is free, assistance in registration of property rights is estimated at ten thousand rubles. Result ten days after application.

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 federal law information 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

• The law "On the Unified State Register of Real Estate" (EGRN) came into force on January 1, 2017. Its main task is to unite the systems of accounting for real estate objects and registration of rights. Find out how the procedure for filing documents and registering ownership of a property has changed in 2017.

  ✔ How has the procedure for submitting documents for registration changed

  The procedure for state registration of rights and cadastral registration itself has not become more complicated for applicants and right holders. Registration of rights and cadastral registration of real estate is carried out in the same manner as before January 1, 2017.

  The new law provides for several ways to receive services: electronic, as well as in person at the office Federal Cadastral Chamber of Rosreestr and the multifunctional center "My Documents". In addition, you can get documents under the new law remotely. by courier delivery. To use this method, you need to make a special mark in the application at the time of submission of documents. In this case, the finished documents will be delivered to the property owner at any place and time convenient for him.

  The changes affected the procedure for submitting documents for cadastral registration of real estate objects. If earlier any person could submit an application for registration of a real estate object, now the new law establishes a list of persons, according to whose applications real estate objects will be taken into account and rights to them will be registered. Thus, according to the provisions of the law, an application for a created (that is, built) real estate object can be submitted by the owner or other right holder of the land plot on which such a real estate object is located.

  An application for cadastral registration or state registration and the necessary documents, as before, can be submitted:

  In paper form - in person (to Rosreestr, through the MFC, at an on-site reception) or by mail (to Rosreestr);
  - in the form of electronic documents - through a single portal of public services or the official website of Rosreestr.

  According to the new law, only Rosreestr and its territorial bodies will conduct cadastral registration of real estate and register rights to it. Prior to this, state registration of rights to real estate and transactions with it was carried out by Rosreestr, and cadastral registration was carried out by the Cadastral Chamber for the subjects of the Russian Federation subordinate to it.

  ✔ What documents do you need to collect to apply for registration of property rights

  For registration of rights and cadastral registration, it is necessary to submit an application and a package of documents. With list and form required documents can be found on the Rosreestr website.

  Approximate list of documents:

  Application for registration of property rights (filled in by an employee of Rosreestr or MFC);
  - The document is the basis for the transfer of ownership (Contract of sale, donation, exchange, Court decision, etc.);
  - Power of attorney for representatives (when submitting documents through representatives);
  - Receipt for payment of state duty (2 thousand rubles for individuals, 22 thousand rubles for legal entities);
  - According to the new law, Rosreestr independently requests the constituent documents of a legal entity that has applied for the registration of an object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.

  The exact list of documents depends on the type and subjects of the transaction.

  ✔ Innovations in the procedures for registration of rights and accounting

  An innovation of the legislation is that citizens have the opportunity to submit one application for registration of rights and cadastral registration in relation to the same object. In this case, both actions will be performed simultaneously.

  This is very convenient, especially in the case of land plots. For example, if the owner of a land plot sells it not entirely, but a certain part. Previously, for sale, he had to either sell a share in the right to a land plot, or first allocate a part from his plot (conduct a land survey, put it on cadastral registration), and after putting part of the land plot on cadastral registration and making changes to the USRR, sell the resulting part land plot. Now it is enough to allocate a certain part of it by conducting a survey of a land plot, and, together with a prepared survey plan and a sale and purchase agreement, submit documents for registration of the transfer of rights and cadastral registration.

  ✔ Is it possible to apply for registration without registering an object for cadastral registration?

  In accordance with the legislation, putting an object on cadastral registration is a prerequisite for registering property rights to it. Exceptional cases when registration of rights is allowed without putting the object on cadastral registration are defined by the law "On State Registration of Real Estate". This happens in cases where the property, information about which is already contained in the USRN, is sold, bought, donated, or an encumbrance is imposed (or removed) on it.

  Cadastral registration without registration of rights is also possible in exceptional cases specified by law. For example, in connection with the termination of the existence of a real estate object, the rights to which are not registered in the Unified State Register of Real Estate (EGRN), or in connection with a change in the main characteristics of the real estate object.

  ✔ How long to wait from the moment of submission of documents - have the terms of registration of property rights changed?

  Service times have been shortened. In the case of filing one application for registration of rights and cadastral registration, both actions are performed simultaneously within 10 days. If the applicant applies for one of these services, then the registration of rights will be carried out within a period of not more than 7 days, and cadastral registration - no more than 5 days. In the case of contacting the multifunctional center "My Documents", the term for the provision of the service is increased by 2 days.

  The new law also provides for a reduction in the time for obtaining an extract about a property. Information from the USRN can be obtained within 3 days. The procedure for obtaining information from the USRN does not differ from the existing procedure, that is, any interested person can request publicly available information about a property from it in a way convenient for him.

  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:

  in Civil Code the very concept of “parking place” appeared (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 associations. 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.