Documents on the right to own real estate, the so-called title documents, in different cases look different. The package of documents for a residential building differs significantly from a similar package for a work or office space. And if an ordinary person often does not need to know the list of necessary documents for owning a warehouse or store, everyone must know and understand information about what documents for an apartment look like. Having no idea about this, it is easy to fall into the trap of scammers, buy a non-existent residential property and lose money irrevocably.

What documents confirm ownership of the apartment?

One of the main documents is an agreement or deed indicating the method of obtaining an apartment. In the case of registration of privatization for housing, the basis of ownership is an act or agreement of transfer by a city (village, town or other municipal entity) in favor of a private person. If an apartment was purchased or exchanged for another, an exchange or purchase and sale agreement is drawn up, which is certified by the signature of a notary. Donation, inheritance or life annuity, shared construction of a building, replacement of demolished housing or a court order are also confirmed by government-issued documents and certified by a lawyer who has the right to do so.

The second important document is a certificate of ownership. It is issued in public service Rossreestr or the so-called BTI, is issued only on a form with stamp symbols and embossing.

When preparing documents for the sale, donation or inheritance of real estate, you will also need a technical passport of an apartment or house, which externally looks like detailed plan or a drawing, indicating the number, location, size and description of residential and non-residential premises, a communications diagram and an indication of their type.

How to check the authenticity of documents for an apartment

Sources:

• What documents confirm ownership of the apartment?
• Documents for the apartment

Tip 2: What document confirms ownership

When planning to purchase real estate or a car, it is important to prepare for the transaction in advance and have a clear idea of ​​what documents should be given to you after signing the contract and transfer Money. Possession of even superficial information will facilitate understanding of the process of transfer of ownership.

Instructions

Property right is a concept used in the civil law of the Russian Federation to designate private property. In accordance with the norms of the Civil Code of the Russian Federation, property can be owned by both individuals and legal entities.

Any property can be owned, with the exception of certain types that, by virtue of law, cannot be owned by citizens or legal entities. The owner of the property is endowed with the right of possession, use and disposal, this allows the property to pass into ownership from one person to another.

To an ordinary person It is very difficult to understand not only the current laws, but also the property documents themselves. Therefore, it is advisable when purchasing real estate or expensive vehicle Contact a lawyer, as ignorance can end up costing you dearly.

A document confirming ownership of real estate (apartment, house, land plot or garage) is a certificate of ownership issued by the body that carries out state registration of real estate transactions.

The right of ownership arises on the basis of a document of title - a purchase and sale agreement, rent, donation, equity participation, certificate of inheritance, court decision, etc.

2017-04-01T10:31:02+03:00

Registration of ownership of an apartment is a very troublesome procedure that every owner faces when purchasing a home; it consists of several stages. First you need to collect documents.

Registration of ownership of an apartment is a rather difficult procedure that every owner faces when purchasing a home. It is necessary to thoroughly study the legal side of the issue, which will speed up the process of registering residential property. To register ownership of an apartment, you must first register it. Responsibilities for issuing a document confirming the right of ownership of housing are assigned to the Registration Chamber and its territorial offices.

(click to open)

Documents for registering ownership of an apartment

Important

Many applicants are interested in the question of how to register ownership of an apartment? According to the law Russian Federation, all procedures for real estate transactions, the purpose of which is further ownership, must undergo state registration.

After the registrar has accepted the person’s documents, the second copy and all copies are subject to endorsement. The procedure for accepting papers for processing ends here and the second stage begins - waiting. The legislation regulates the duration of taking ownership of an apartment from the day the application is received until the applicant receives the registration certificate. The entire registration procedure should not exceed 90 days.

If the registration specialist discovers inaccuracies in the papers, errors in the documents, or doubts their authenticity, the registration process is delayed until the inaccuracies are eliminated. If the documentation does not comply with legislative acts, violates them, or contradicts them, the registration department may suspend the process of accepting papers or abandon it completely. As practice shows, refusals occur rarely, controversial comments and inaccuracies are corrected correctly, and registration is resumed within a few days.

State duty when registering ownership of an apartment

The amount of state duty when registering a property depends on the category of the person registering the property. In 2019, the amount of the state duty remained the same and is for legal entities 2000 rubles.

The legislation also approved a list of persons who are provided with benefits. The categories of citizens exempt from paying state duty include:

To confirm membership in one of the groups and provide benefits, when submitting an application, together with a package of registration documents, you must present a document giving the right to benefits (certificate, certificate, order). Registration of ownership of a purchased apartment for beneficiaries occurs on a general basis in the same manner as for ordinary citizens.

It is difficult to name the total cost of registering a real estate property, since the registration procedure requires many certificates, the prices for which vary and depend on the type, availability of forms, and the urgency of issue. If the future owner involves a notary or lawyer in the process of registering property, the total cost of services increases several times.

Registration of an apartment in a new building

The first thing you need to do when decorating living space in a new building is to collect and carefully check the documentation. Legal purity and completeness of papers significantly speed up the procedure for registering living space.

Registration of legal ownership of a new building can be carried out independently, or you can entrust it to a representative of the developer or a notary. Then, in addition to the main documents, the developer’s representative must provide the following papers to the registration department:

• the act of fulfilling investment obligations under a construction contract;
• act of acceptance of the property;
• copies of acts on the commissioning of the building to be developed;
• copies of documents on acceptance of a residential building by a special commission.

When providing documentation, you should carefully check its authenticity. There are no typos, blots, corrections, cross-outs, damage, additions, absence of issuance dates, expiration dates, signatures, or seals allowed in the papers. Any document must be meaningful, readable, and easy to interpret.

If the developer’s representative refuses to provide documents or does not properly fulfill contractual obligations, the future owner has the right to go to court to resolve a number of issues.

If the developer has correctly executed documents, the housing registration procedure is carried out according to the scheme indicated above. The papers are submitted to the nearest MFC, where the registration of ownership of the apartment is carried out.

Registration of ownership of donated housing

Taking ownership when inheriting residential real estate

When you receive an apartment, you can take ownership only six months after the death of the testator. Initially, the documents are submitted to a notary for examination. He establishes the number of heirs, opens a case, and prepares a Certificate of Inheritance. After completing all notarial procedures, you can contact the MFC with an application to register the acquired property.

Until the ownership of the inherited apartment is registered, it is impossible to sell, give, or rent out inherited real estate.

To quickly register ownership of an apartment at the MFC, Required documents must be properly documented. Standard papers provided to the MFC are:

In addition to the situations discussed, there are other moments when a procedure for confirming the ownership of residential real estate is necessary. You will need to register your home if:

• purchase and sale of housing;
• completion of construction work;
• redevelopment of an apartment/house.

In each specific case, the list of papers is slightly different, however, the number of original copies submitted for state registration remains unchanged. Do not forget that one original copy must be in Rosreestr, so you should take care of an extra copy of the original in advance.

The duration of verification of the authenticity of documents, registration and issuance of a certificate takes an average of 10 days.

The procedure for registering collateral real estate is the same as for purchase. The only difference is the encumbrances placed on housing. Until the loan debt is repaid, the owner cannot fully dispose of the purchased apartment, since, according to the agreement, he has some restrictions.

Also, some actions when registering ownership rights (for example, subsequent sale, lease) may require the permission of the mortgagee. In this case, a mortgage with all attachments and an application form for the desire to register should be added to the standard documents.

Changes in the home ownership certificate

Evidence of acquired property was, until 2015, part of the documentation subject to strict controlled reporting. It contained several levels of protection, a hologram, an account number and a registration series. The form of the form changed slightly at the beginning of 2016, so we recommend that you familiarize yourself with a sample document on the website of the Registration Chamber of the Russian Federation. Since 2016, the requirements for the protection of Residential Real Estate Registration Certificates have been removed, so the document can be printed on a standard white A4 format.

The document must be entered into the register of regional authorities of the FS, cadastre and cartography with the appropriate registration number, which corresponds to the legal registration number, and is endorsed by the registrar. Some changes have also been made to the document. So the series and registration number are placed on the back of the Certificate; passport data is not entered at all. It is enough to indicate the applicant’s date of birth, place of birth and insurance account number.

In addition, future owners have the opportunity to obtain a Certificate online. Now exists. Such a document contains an electronic seal of the registration authority and a facsimile of the registrar. After completing the registration procedure, the Certificate is sent to the owner by email.

It is useful to know what are the subtleties of this procedure?

Subscribe to the latest news

A certificate of ownership confirming the registration of rights to real estate has been issued by the relevant authorities since the beginning of 1998. It included the following data:

• date of issue of paper;
• title document that became the reason for registration;
• personal information of the copyright holder;
• type of law;
• cadastral number;
• address and specifications housing;
• encumbrances and restrictions on rights;
• number of entry in the Unified State Register and date of entry into the list.

According to changes in regulations that came into force on July 15, 2016, the supporting document was no longer issued. Despite this, this innovation does not mean that the owner will not have to worry about documenting such a right for his apartment. In this regard, many questions arise regarding what package of papers will have to be collected when concluding any agreements relating to transactions with property, including purchase and sale. Let's try to understand the specifics of such procedures in 2018, and also find out how they are issued in 2017.

In this article

What papers will homeowners need?

After the cancellation of the state registration certificate, citizens faced with resolving issues related to property rights had many doubts regarding the legality of transactions. Each of them is trying to find more detailed explanations of the current situation with the abolition of the need to issue a certificate of ownership of the property.

Most people who fall into this category tend to believe that after the innovations came into force, the process of concluding real estate transactions has become significantly more complicated. This is due to the requirements for obtaining additional certificates and papers. However, if you look closely, you can come to the conclusion that in many ways this is not the case.

The essence of innovation

According to accepted standards, certificates confirming the right to own real estate have indeed ceased to be issued. However, instead, the owner receives a regular printed document on ownership of the apartment. An extract from the Unified State Register was also introduced, which could previously be requested as an additional certificate. This was carried out in order to confirm the status of the owner during the conclusion of real estate purchase and sale transactions. After the cancellation of the registration certificate of an apartment or house, the submitted certificate became the only document with which the property owner has the opportunity to confirm his rights to housing.

Expert opinions.

Experts come to the conclusion that the presented innovations will make it possible to reduce the risk of transactions by fraudsters who easily forge documents or use old invalid forms. For those citizens who did not know what the document looked like, this was a real problem.

How to get an extract from the Unified State Register

Extracts from the Unified State Register (USRE) are certificates confirming that an individual is the owner of a house or apartment. They are compiled on the basis of data stored in the register. To order papers and clarify the list of documents required for issuance, you need to visit the Rosreestr website. There is also information about the cost of the service.

To obtain an extract, you must submit the following documents: a passport of a citizen of the Russian Federation in whose name the certificate will be issued, an application for obtaining a document (the form can be downloaded on the Rosreestr website), a receipt for payment of the state duty.

Statement validity period

The owner's right to real estate is necessarily recorded in Rosreestr. However, in some cases, confirmation of legality at the time of registration of the transaction requires the presence of a document. The extract from the Unified State Register has an unlimited validity period, however, before concluding an agreement, it will need to be updated. This is carried out in order to confirm the fact that the property belongs to a certain to an individual, and it has not been transferred to third parties since the certificate was issued last time. According to the new procedure for preparing papers for the owner, any problems with collecting a package of documents should not arise. The only thing that citizens of the Russian Federation will face is the need to pay state duty. It will be forfeited as payment for the preparation and issuance of the official title deed.

Other changes in legislation

Since the beginning of 2017, Federal Law-218 “On State Registration of Real Estate” has been in force. According to the new standards, owners of residential space will have to draw up a cadastral extract about the property from the Unified State Register of Real Estate. Among other things, the new law clarifies the list of grounds that are the reason for refusal to register his rights to the premises. In such cases, the paperwork burden on the apartment buyer is significantly reduced: now he will know the exact reason for the refusal and will have the opportunity to quickly eliminate it.

Legal regulations in 2018

This year, the owner’s right to real estate must be formalized in accordance with Federal Law No. 218 of July 13, 2015. Registration in the property registry will continue to be the only proof of ownership. Previously obtained certificates, both old and new, will no longer be valid. An entry in the Unified State Register concerning the owner's right can be challenged exclusively in court.