Cadastral registration from January 1. New rules for cadastral registration of real estate and land plots

The Law “On the Unified State Register of Real Estate” (USRN) came into force on January 1, 2017. Its main task is to combine real estate accounting and rights registration systems. Find out how the procedure for submitting documents and registering ownership of a property has changed in 2017.

✔ How the procedure for submitting documents for registration has changed

The new law provides several ways to receive services: V in electronic format , and in person at the office Federal Cadastral Chamber of Rosreestr and the multifunctional center "My Documents". In addition, you can obtain 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 submitting documents. In this case ready 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. If previously any person could submit an application for registration of a real estate property, now the new law establishes a list of persons based on whose applications real estate objects will be taken into account and the rights to them will be registered. Thus, according to the provisions of the law, an application in relation to a created (that is, constructed) property can be submitted by the owner or other legal holder of the land plot on which such a property is located.

Application for cadastral registration or state registration and Required documents, as before, it will be possible to imagine:

IN in paper form- in person (to Rosreestr, through the MFC, during 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. 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 constituent entities of the Russian Federation subordinate to it.

✔ What documents need to be collected to submit for registration of property rights

Sample list of documents:

Application for registration of property rights (filled out by an employee of Rosreestr or MFC);
- Document basis for the transfer of ownership (Agreement of purchase and sale, gift, exchange, Court decision and others);
- 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 the legal entity that has applied for registration of the 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 procedures for registration of rights and accounting

This is very convenient, especially in the case of land plots. For example, if the owner of a land plot does not sell it entirely, but a certain part. Previously, in order to sell, he had to either sell a share in the right to a land plot, or first allocate a part of his plot (carry out land surveying, register it with cadastral registration), and after registering part of the land plot with cadastral registration and making changes to the Unified State Register, sell the resulting part land plot. Now it is enough to allocate a certain part of the land plot by surveying it, and, together with the prepared boundary plan and purchase and sale agreement, submit documents for registration of the transfer of rights and cadastral registration.

✔ Is it possible to submit documents for registration without registering the property with the cadastral register?

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

✔ How long to wait from the moment of submitting documents - have the deadlines for registering property rights changed?

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

As of 2017, a new law regulating the registration of real estate comes into force. The innovations will create a unified mechanism within which cadastral registration and state registration of rights will be carried out. As a result, a mechanism will be launched to simplify the process of registering property.

New law on real estate registration in 2017

As part of the new law, the Unified State Register of Real Estate (USRN) is being created. This register will combine information from the real estate cadastre and the Unified State Register of Real Estate Rights. As a result, the Unified State Register will include:

• cadastre and cadastral maps;
• register of rights, books of account and register files;
• register of boundaries (including areas that have special uses);

The functions of registering rights and corresponding accounting of objects are assigned to representatives of Rosreestr. At the same time, the innovations provide for the simultaneous completion of all procedures, which greatly simplifies the process.

You can submit documents to complete the required procedure in two forms:

1. Paper - in person or by mail to the Rosreestr authorities; using the services of a multifunctional center; to an authorized person.
2. Electronic - through the Rosreestr website or the corresponding government services portal.

The register will be maintained primarily in electronic form, which will increase the protection and safety of information. Previously entered data will not be deleted; all versions of changes and edits to the registries will be stored in the Unified State Register. This rule also applies to registry matters. The register in non-electronic form is only possible in special cases– documents were submitted in paper form, while representatives of government agencies do not have the originals.

An extract from the Unified State Register will confirm cadastral registration or state registration of the transfer of rights. In this case, the corresponding inscription on the document will indicate the registration of the agreement. The new law does not provide for an additional certificate that confirms cadastral registration or state registration.

Additional benefits

Legislators have provided a mechanism for interdepartmental interactions, which will minimize the participation of the copyright holder. Changes to the register that are carried out by force of law (including judicial acts) will take place without additional notice. Information to Rosreestr will come from the relevant department.

The new law allows you to submit information when applying in person without reference to the location of the object. Anyone wishing to undergo state registration procedures will be able to contact a convenient department of Rosreestr or IFC.

Another change was a two-fold reduction in the time required to complete all necessary procedures. Within 5 working days after submitting documents, cadastral registration will be carried out; a similar period is provided for state registration of rights. This period will be increased by 2 work. days to obtain the cadastre and for 4 working hours. day for state registration of rights, if the information is submitted not directly, but with the help of a multifunctional center. It is possible to carry out two processes simultaneously, with a total completion time of 10 working days. days (12 working days in case of registration through the MFC). The deadline for registration does not depend on the form of submission of documents.

The law clarifies the responsibility of Rosreestr if an error was made or registration was illegally denied. At the same time, Rosreestr will be able to issue a recourse if another body is to blame for this situation.

In addition, the new law describes the conditions for one-time compensation to the owner of the property, who, due to objective reasons, cannot claim it from a bona fide purchaser. This payment will be financed from the federal budget and cannot exceed 1 million rubles.

Innovations in the law on real estate registration in 2017

Since 2017, significant changes have been made to the process of registering real estate, which is reflected in the new law. As a result, a USRN is created that will combine information on cadastre registration and the register of property rights. Innovations will simplify the registration process:

1. The time frame for registration and receipt of the cadastre is halved.
2. You can submit the necessary documents in paper or electronic form. At the same time, it is not necessary to be tied to the location (subject to personal contact), which makes submitting information more convenient.
3. Interactions between various departments will make it possible to make changes to judicial acts without notification from the copyright holder.
4. The responsibility of Rosreestr in the event of errors or illegal refusal of registration has been clarified.
5. Information is not deleted from the USRN database.

As a result, real estate registration will take place according to a simplified procedure, and it will become more accessible to more people who want to use this mechanism.

On January 1, 2017, Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate” (hereinafter referred to as the Law) comes into force, with the exception of certain provisions for which other deadlines are provided. Cadastral registration of real estate and state registration of rights to it will be combined into a unified accounting and registration system. The material presents the main changes in the Law under consideration in comparison with the current Law on the Real Estate Cadastre and the Law on Registration of Rights to Real Estate. The new Law does not contain provisions for invalidating the said laws or making changes to them. We believe that this issue will be resolved further before the Law comes into force.

1. A new real estate register will appear

The Unified State Register of Real Estate (hereinafter referred to as the Unified State Register of Real Estate) will be formed, which will combine the information currently contained in the real estate cadastre and the Unified State Register.

The Unified State Register of Real Estate will include, in particular, a register of real estate (real estate cadastre), a register of rights, their restrictions and encumbrances on real estate (register of real estate rights), as well as a register of boundaries. Information about the boundaries is currently contained in the real estate cadastre.

The Unified State Register will be maintained electronically. The exception will be registry cases. They will store on paper applications drawn up in simple written form and presented in paper form, as well as documents the originals of which are not available in other government bodies, bodies local government and archives.

Currently, the real estate cadastre and the Unified State Register are maintained on electronic and paper media, with the latter having priority.

2. Real estate objects that are subject to

cadastral registration and rights to which are registered

According to the new Law, information about a single real estate complex and an enterprise as a property complex will be entered into the real estate cadastre.

In accordance with the Law on the Real Estate Cadastre, information about such complexes is not entered into the cadastre. At the same time, the rights to them must be registered (which is impossible without registration in the cadastre), so they are taken into account as structures. In addition, when accounting for a single real estate complex, all real estate objects that are part of it can be taken into account.

Registration of a single real estate complex and state registration of rights to it will be carried out in the following cases:

Completion of real estate construction, project documentation which envisages their operation as such a complex;

Association, at the request of the owner, of registered and registered real estate objects that have a single purpose and are inextricably linked physically or technologically or are located on the same land plot.

It will be possible to register ownership of an enterprise as a property complex only after registration and state registration of rights to each object that is part of it.

As for subsoil plots, according to the Law on the Real Estate Cadastre, they are not taken into account in the cadastre. The new Law excluded them from the list of real estate objects, the rights to which are currently subject to state registration.

3. Register real estate and carry out state registration

Rosreestr will have rights to it

According to the new Law, only Rosreestr and its territorial bodies (hereinafter collectively referred to as Rosreestr) must carry out cadastral registration of real estate and register rights to it. These powers cannot be transferred to subordinate institutions. Currently, state registration of rights to real estate and transactions with it is carried out by Rosreestr, and cadastral registration is carried out by the Cadastral Chamber of the constituent entities of the Russian Federation subordinate to it.

4. Cadastral registration of objects and state registration of rights will be

carried out both simultaneously and separately

4.1. When accounting and state registration are carried out simultaneously

As now, register rights to real estate according to general rule It will be impossible if they are not taken into account in the real estate cadastre.

According to the new Law, if information about a property is not in the Unified State Register of Real Estate, its registration in the cadastre and state registration of rights will be carried out simultaneously. Exceptions will be situations when cadastral registration can be carried out without simultaneous state registration and vice versa. Currently, the simultaneous implementation of accounting and state registration is not provided.

Accounting and state registration will be carried out simultaneously in the following cases:

Creation of a real estate property (except for situations where cadastral registration can be carried out without simultaneous state registration of rights);

Formation of a real estate object (except for the case of seizure of a land plot or real estate located on it for state and municipal needs);

Termination of the existence of a real estate property, the rights to which are registered in the Unified State Register of Real Estate;

The formation or termination of the existence of a part of an object that is subject to restrictions on the rights and encumbrances of the object, subject to state registration.

4.2. When accounting and state registration are carried out separately

The law establishes cases when rights to real estate, information about which is available in the Unified State Register, will be registered without carrying out simultaneous cadastral registration. These include, for example, state registration of the transfer of ownership, confirmation of previously arisen rights.

The Law also defines exceptional situations in which cadastral registration is carried out without simultaneous state registration of rights to real estate. Such accounting is possible, in particular, in the following cases:

Creation of a real estate object on the basis of a permit to put a capital construction project into operation, which is presented by a state authority, local government or Rosatom corporation in accordance with the procedure interdepartmental interaction;

Termination of the existence of an object, the rights to which are not registered in the Unified State Register of Real Estate;

Changing the main characteristics of an object.

5. The rules for filing an application for cadastral registration have been changed

real estate accounting and state registration of rights

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. Who exactly can submit documents depends on how accounting and state registration are carried out - simultaneously or separately.

Thus, according to the provisions of the Law, an application in relation to a created (i.e. constructed) property can be submitted by:

The owner or other legal holder of the land plot on which such a property is located - while simultaneously carrying out accounting and state registration;

A state authority, local government or Rosatom corporation that issued a permit to put a capital construction project into operation - when registered in the cadastre without simultaneous state registration.

Currently, any person can submit an application to register such a property.

An application for cadastral registration or state registration and the necessary documents, as now, 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.

The innovation of the Law is that when applying in person (except for cases of on-site reception), the place where the application and documents are submitted will not depend on the location of the property. In other words, you can contact (send documents by mail) to any department of Rosreestr or submit documents in person through any MFC. The list of these divisions and MFCs will be provided on the Rosreestr website.

Today, an application for cadastral registration is submitted at the location of the property within the cadastral district, and an application for state registration of rights, as a general rule, is submitted at the location of the property within the registration district. This provision was previously contained in the Law on State Registration of Real Estate Rights, but was declared invalid. Despite this, in practice, the application and documents are also submitted at the location of the property.

5.1. The requirement for the mandatory submission of constituent documents of a legal entity has been canceled

According to the new Law, Rosreestr independently requests the constituent documents of the legal entity that has applied for registration of the object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.

Today, a legal entity is required to present the organization’s constituent documents (copies thereof) when conducting state registration of rights. Their provision is not required only if they were submitted earlier and no changes were made to them.

5.2. The only case of refusal to accept documents has been identified

Acceptance of documents will be refused if the identity of the applicant who directly applied for the documents is not established (for example, a passport is not presented).

Refusal to accept documents is not provided for in the current Law on the Real Estate Cadastre, and in accordance with the Law on State Registration of Rights to Real Estate is prohibited.

5.3. Cases in which documents are returned without consideration have been clarified

The Law clarifies the list of grounds for returning an application and documents without consideration. These include, in particular:

Inconsistency between the format of the application and documents submitted electronically and the established format;

The presence in the application and documents presented in paper form of erasures, additions, strikeouts and other unspecified corrections, including those made in pencil, as well as the presence of damage that does not allow an unambiguous interpretation of their contents;

Absence of the applicant’s signature in the application for cadastral registration of the property or state registration of rights.

Currently, an application for state registration of rights can be returned, including:

If in the State information system regarding state and municipal payments, there is no information about the payment of the state duty and no document has been submitted confirming its payment;

The Unified State Register contains an entry about the impossibility of registering a transfer, restriction of rights and encumbrances of real estate without the personal participation of the owner or his legal representative.

These grounds are also included in new law, at the same time, the period for the absence of information on payment of the state duty has been clarified - five days from the date of filing the application.

6. The total period for cadastral registration has been reduced

and state registration of rights

According to the new Law, the general period for registering a property in the cadastre and state registration of rights has been reduced.

When submitting documents to Rosreestr, it will be:

5 working days - for cadastral registration;

10 working days - in case of simultaneous registration and state registration;

7 working days - for state registration of rights.

If documents are submitted through the MFC, then the deadlines for cadastral registration and state registration of rights will increase by two working days.

Currently, the total period for both registration of a property in the cadastre and state registration of rights to it is 10 working days for each procedure. When submitting documents simultaneously for cadastral registration and state registration, the period for state registration of rights is calculated from the day the information is entered into the real estate cadastre, i.e. the maximum period is 20 working days.

6.1. When will state registration of a mortgage take place?

The new Law retains only the period (5 working days) established for state registration of residential mortgages.

Consequently, state registration of mortgages of land plots, buildings, structures, non-residential premises will be carried out within a general period of time (7 working days), subject to the submission of documents to Rosreestr. However, it will be reduced to five working days if state registration is carried out on the basis of a notarized mortgage agreement or a notarized agreement that gives rise to a mortgage by force of law (for example, an agreement for the purchase and sale of real estate using bank credit funds).

Today, the period for state registration of mortgages of land plots, buildings, structures, non-residential premises is 15 working days, and mortgages of residential premises - 5 working days.

7. The grounds for suspension of cadastral registration have been clarified

accounting and state registration by decision of the state registrar

The new Law contains a detailed list of grounds on which cadastral registration and state registration can be suspended. Compared to the current bases, this list is significantly increased (51 bases are listed).

According to the current Law on State Registration of Rights to Real Estate, the reasons for suspension, in particular, are the state registrar’s doubts about the existence of grounds for state registration of rights, about the authenticity of documents or the reliability of the information contained in them.

The grounds for suspension listed in the new Law determined the limits of the legal examination, which is carried out only to determine the presence or absence of grounds for suspension or refusal of cadastral registration or state registration of rights. Consequently, if the specified grounds are absent, cadastral registration and (or) state registration of rights cannot be suspended.

If during the suspension period the reasons that served as the basis for the suspension are not eliminated, cadastral registration and state registration will be denied.

7.1. The periods for which registration and state registration are suspended have been increased

The new Law established longer periods for suspending state registration. The period for suspending cadastral registration has not changed. At the same time, a period for its suspension is provided in a declarative manner.

Thus, the terms for suspending registration of objects and state registration will be:

Three months - by decision of the state registrar (with the exception of certain grounds for which other suspension periods are provided);

Six months - at the initiative of the applicant. At the same time, the Law clarifies that, upon application, suspension is possible only once.

Currently, state registration of rights by decision of the state registrar can be suspended for one month, and at the initiative of the applicant - for three months.

8. A certificate of state registration of rights will not be issued.

According to the new Law, cadastral registration, state registration of the emergence and transfer of rights will be confirmed by an extract from the Unified State Register, and state registration of an agreement or other transaction - by a special registration inscription on the document expressing the content of the transaction. The new Law does not provide for certification of registration and state registration of rights with a certificate.

At the moment, state registration of rights is certified, among other things, by a certificate of state registration of rights, which is issued in the form of a paper document.

9. Cadastral registration and state registration can be carried out

without the participation of the copyright holder

The law provides that information will be entered into the Unified State Register, including through interdepartmental cooperation. The obligation to send documents necessary for accounting and state registration in this order is established for state authorities, local governments, courts and notaries when they make decisions (acts). For example:

State authorities and local governments must send documents if they have made a decision to approve the results of the state cadastral valuation of real estate, establish or change the permitted use of a land plot, assign it to a certain category of land, or transfer a land plot from one category of land to another;

FMS of Russia - information about changes in information about an individual;

Federal Tax Service of Russia - information on changes in information about organizations and individual entrepreneurs;

Courts or authorized bodies that imposed the seizure - a certified copy of such an act;

Notaries - information about issuing a certificate of inheritance.

Upon receipt of documents (the information contained in them), in the manner of interdepartmental interaction, Rosreestr enters information on their basis into the Unified State Register of Real Estate (except for cases where it is impossible to enter them) and notifies the copyright holder of the entry.

10. Who is responsible for what during implementation

cadastral registration and state registration

According to the Law, responsibility for actions (inaction) during cadastral registration and state registration is distributed between Rosreestr, the state registrar and other persons.

Thus, the state registrar is responsible for the discrepancy between the information entered into the Unified State Register of Real Estate and the information contained in the submitted documents (with the exception of data entered from other information resources), for unjustified suspension and refusal of cadastral registration or state registration of rights or evasion of their implementation.

Rosreestr is responsible for improper execution their powers, including for the loss and distortion of information contained in the Unified State Register of Real Estate, the completeness and reliability of the information provided, illegal refusal of cadastral registration or state registration of rights established by a court decision that has entered into legal force. At the same time, there are cases when Rosreestr has the right of recourse against bodies and persons through whose fault violations were committed.

11. The conditions for payment of compensation for loss have been clarified

rights to housing

Compensation for residential premises - the only one suitable for permanent residence - is paid once to the owner, who, for reasons beyond his control, does not have the right to claim it from a bona fide purchaser, as well as to the bona fide purchaser from whom it was claimed. According to the Law, the condition for its payment is the impossibility of receiving compensation from third parties established by a court decision that has entered into legal force, due to the termination of collection under an executive document, for example, in connection with making an entry on the exclusion of the debtor organization from the Unified State Register of Legal Entities.

The provision of the Law on compensation for loss of rights registered in the Unified State Register comes into force on January 1, 2020.

In this article we will look at what changes in terms of state cadastral registration and state registration of real estate rights occurred in 2017.
It should be noted that these changes were significant and, one might even say, revolutionary. In order to understand what exactly these significant changes are, it is necessary first to look at what the situation was before, before they were introduced.

As it was before: Unified State Register and State Property Committee

Until 2017, there were two state registers: the Unified State Register of Rights to Real Estate and Transactions with It, which took into account the legal characteristics of the property (right holder, type of right, documents on the basis of which the right arose, etc.), and the State real estate cadastre, which took into account specifications object (coordinates of boundaries, diagram of boundaries, distances between points, coordinates of boundaries of security zones, etc.).
In order to enter information into the real estate cadastre, it was necessary to contact a cadastral engineer and prepare, accordingly, a boundary plan to determine the boundaries of the land plot and a map (plan) to determine the boundaries of security zones, territorial zones, boundaries settlements etc. Next, the boundary plan, together with an application for cadastral registration, was submitted to the cadastral board or MFC, and the information was entered into the cadastre.

After the property has been placed on (GKU), it was possible to go to register the rights, the corresponding application was submitted to Rosreestr or the MFC. Based on this application, information from the Unified State Register of Rights (USRE extract) was issued.

New procedure for maintaining the Unified State Register

In accordance with Federal law dated July 13, 2015 N 218-FZ “On State Registration of Real Estate”, the two above registers are combined and given the name “Unified State Register of Real Estate”. Now, in most cases, registration of rights and state cadastral registration of real estate are carried out simultaneously. An exception will be cases when the nature of registering an object for cadastral registration does not provide for registration of rights (for example, when clarifying the boundaries of a land plot). Or, on the contrary, registration of rights does not require cadastral work at all (for example, when registering the transfer of rights to real estate from one owner to another).

According to the new law, the Unified State Register of Real Estate contains the following sections:

1) “Register of real estate”, i.e. buildings, buildings, land plots, etc.;

2) “Register of rights, restrictions on rights and encumbrances of real estate”, i.e. register of rights to real estate, register of lease rights to plots, register of restrictions on rights arising in connection with the establishment of security zones and easements;

3) “Register of information about the boundaries of zones with special conditions use of territories, territorial zones..." (etc.);

4) “Register files”, where all available documentation on objects, submitted by copyright holders and interested parties, is stored;

5) “Cadastral maps”, where there is a topographical basis on which the boundaries of land plots and land management objects are plotted;

6) “Document books.”

We hope that merging the registers will help solve a number of frequently arising problems, for example, such as the discrepancy between the area in the cadastral passport and the certificate of registration of rights.

Note!
The information contained in the Unified State Register of Real Estate is the combined data of the Unified State Register of Rights to Real Estate and Transactions with It and the State Real Estate Cadastre.

Important provisions of the EGRN Law 2017

Below we will try to talk about the main points, in our opinion, of the new law on real estate registration, and we will pay attention to the fundamental changes in the field of registration of rights and cadastral registration. In addition, we will also definitely consider important old rules that have been transferred to this law from normative acts that have lost force and continue to be in force at the present time.

Comprehensive cadastral registration

Land plots can be comprehensively registered in the cadastral register in accordance with the territory surveying project. This provision was included in the previously existing law “On the State Real Estate Cadastre”. New form registration is very convenient when surveying gardens or mass clarification of the boundaries of plots within a territory, registering plots in accordance with the survey project. Such a statement is carried out on the basis of a map (plan). This document should not be confused with a map (plan), on the basis of which information is entered into the Unified State Register of Real Estate about land management objects (the boundaries of security zones, settlements, etc.).

Before the introduction of the rules for comprehensive cadastral registration, several land plots could be placed on the State Civil Code only with the assignment of one cadastral number. Such a site, which included several land uses, was called multi-circuit.

Objections to registration

A rather interesting and useful point is the ability to file objections from the previous copyright holder regarding the registration of rights. This entry will appear when ordering information from the Unified State Register by any interested party, however, such a statement to enter objections to the Unified State Register in itself is not a basis for suspending the registration of rights. This rule is aimed at protecting subsequent buyers from unforeseen costs of litigation with previous property owners. Thus, if someone raised an objection to the registration, a corresponding entry will be made in the subsequent statement. If the objecting party does not initiate legal proceedings, then three months after registration the entry is canceled.

We introduce the security zone ourselves

The law provides for the right of any interested person to enter information about a protected zone into the Unified State Register of Real Estate, if it is reliably known that the decision to establish such a zone was made by authorized authorities (Part 1, Article 33 of the Law). Owners of land plots at risk of ending up in the protected zone of gas pipelines, power lines, sanitary protection zones, etc. need to know about this. If there is any of the listed objects nearby, but there is no information about it in the USRN extract, you can make a corresponding request to Rosreestr and demand that a security zone be entered.

Down with refusals

Previously, until 2017, both in terms of registration of rights and in terms of state cadastral registration, when entering information, it was possible to receive a refusal from the authorized body. The refusal was associated, as a rule, with an incomplete set of documents or with incorrectly formed documents. Now in the new law on state registration of real estate there is no unconditional refusal as such. There is only the concept of suspension. Suspension is carried out in case of almost any deficiencies in the submitted documents.

If the registrar's comments are not eliminated during the suspension period, the registration will be refused.

Let me remind you that suspension is the action of the state registrar to postpone the deadlines for state registration of real estate due to the need to provide additional documents or correct documents.

The law also introduced the concept of refusal to accept documents without reviewing them; such a refusal is issued if the application is not signed or signed by an unauthorized person, if the application for registration is not submitted in accordance with the established form, if the application has any corrections, if after filing documents, the state fee has not been paid. In this case, the state registrar does not accept the application for consideration and returns it to the applicant.

Each cadastral engineer has a personal account

The cadastral engineer will have an online personal account in which he will be able to put draft boundary plans and check them with the authorized body before submitting them. This office will be a kind of archive for storing boundary plans. Its use will be subject to a fee. Perhaps, due to this, the services of a cadastral engineer will become slightly more expensive. We believe that working with such an office will be the responsibility of an assistant cadastral engineer.

Where I want, I register there

You can now submit documents for registration in any region Russian Federation. This moment will greatly simplify the life of property owners who are located hundreds or even thousands of kilometers from their home. This innovation should also reduce the costs of legal entities and save employees from traveling to another region of Russia for the sole purpose of submitting documents for registration of rights or carrying out cadastral registration.

Regions can also be registered

Maintenance of the State Register of Real Estate can be transferred to regional level, however, how this will be carried out and which executive authorities of the subject will be entrusted with certain functions of Rosreestr is still unknown. This was possible before (under the previous cadastre law), but in practice this provision was never implemented.

Registrar - to responsibility

Art. 60 of the Law establishes a list of cases when the registration authority and the registrar itself can be held accountable for improper fulfillment or failure to fulfill their job responsibilities. In this case we're talking about about civil liability, that is, about those cases when the illegal actions of the registrar or the registration authority as a whole caused real damage to the owner of the property. In particular, the registrar's responsibility is established for the discrepancy between the information that the owner or interested party provided for registration with the information contained in the Unified State Register of Real Estate.

An abstract example can be given when, during the construction of a power transmission line, a security zone was established, and information about it was transferred for inclusion in the Unified State Register of Real Estate. The state registrar did not enter data on the security zone; at the same time, a purchase was made of one of the land plots that fell within the power line security zone. When contacting the architectural authorities, the new owner of the land found out that nothing could be built on the site. Accordingly, the market value of the site drops to almost zero. Such a land owner can turn his financial claims to the state registrar, who failed to include the protected zone in the cadastre.

Who has the right to a registry error?

Registry errors now have the status and name, but the procedure for correcting them has remained virtually unchanged. In most cases, if agreement is not reached with the owner, the registry error will be corrected based on a court decision. Apparently, the cadastral error has been corrected outside judicial procedure will now happen in a slightly different way. The Real Estate Registration Law now states that errors are corrected in court only if there is reason to believe that the correction of such an error may result in a violation of the rights of the property owner. Most likely, such a violation of rights will be assumed in 99.9 percent of cases. For a more detailed study of the issue, we recommend that you refer to Article 61 of the law, which details the conditions and procedure for correcting technical and registry errors.

If there are a couple of extra areas

In our opinion, the new Law provides a more detailed and logical procedure for relinquishing ownership of real estate.

Art. 55 of the Law describes in detail the procedure for relinquishing ownership of any property and the persons to whom this property passes after relinquishment.
I remember the time of the 2000s, when this procedure was quite blurred and there was only a general rule, Article 236 of the Civil Code, presuming the right of every citizen or legal entity to give up their property and the Land Code of the Russian Federation. Neither laws nor by-laws at that time regulated this procedure in more detail.

Removal of collateral upon seizure of a plot

In accordance with Art. 60 of the Law any easement, pledge, lease rights during the seizure of a land plot in favor of authorities state power and local government is removed automatically.

Forewarned is forearmed

A rather interesting and useful point in the law is the duty of the registering authority to notify the owner of the property that someone has ordered an extract from the Unified State Register of Real Estate in relation to his property. A very useful thing that can prepare the owner of land or a house in advance for the fact that some kind of fraud will occur around his property. However, for this it is necessary that the registration authority must have your contact information. I hope that the specified obligation of government agencies conducting registration to notify property owners will save them from “pleasant” surprises. And dishonest realtors will be warned against rash actions.

Moreover, if you have reasons to worry that someone has an eye on your property, you can order a certificate of persons who have been interested in your property in the last period.

Unity of fate of house and land

By virtue of the provisions of Art. 57 of the Law, when registering the rights to transfer to a building, structure, structure, the transfer of rights to the land plot on which they are located is simultaneously registered. This is the principle of the unity of fate of the house and the land plot, established by the Civil Code of the Russian Federation in action. Actually, this practice was introduced a long time ago, but I believe a reminder of this would not be out of place. If you register the transfer of title to a house, then do not forget about the plot.

You can now forget your constituent documents at home

When submitting documents by legal entities, constituent documents are no longer required; the registration authority requests them as part of information interaction. However, you should not rely on this, because, firstly, this can in fact greatly lengthen the registration procedure, and, secondly, documents may not be provided and then you will be suspended.

Last summer 2016 for pink paper

The right to a property is confirmed by an extract from the Unified State Register and only an extract from the Unified State Register, that is, certificates of ownership actually lose their validity, like documents of title to land plots, buildings, premises, etc. Although, in fact, this happened already in the summer of 2016, from that moment until 2017, ownership of real estate was certified by an extract from the Unified State Register.

Please tell me more about family members

The Unified State Register will contain data on the territorial zone, a description of the coordinates of the building points, a 3D model of the building (optional), information about family members of the owner of the residential premises, and methods of securing equity participation in the agreement.

Deadlines for providing information from the Unified State Register of Real Estate

As we said above, the cadastral passport of real estate will now be replaced by an extract from the Unified State Register of Real Estate
The deadlines for providing information from the Unified State Register have changed less than those for the State Property Committee and the Unified State Register. According to the new rules, an extract from the Unified State Register is prepared by the Rosreestr agency within three working days. If you order through the MFC, then add two more days. The cost of the statement will increase accordingly, this is due to the fact that the provided data has become much more informative and represents information from two combined registers at once.

How long is an extract from the Unified State Register valid?

As before, all information received from the Unified State Register will be valid at the time of provision by the registration authority. But this in no way means that the extract is valid for only one day and then it can no longer be provided anywhere. The validity periods of the extract, which are established by certain authorities for provision, are already indicated in the by-laws (administrative regulations) regulating the activities of such authorities.

Extract form from USRN

Extract forms from the Unified State Register are approved by Order of the Ministry of Economic Development No. 378 dated June 20, 2016.
We believe that the most popular extract will be an extract from the unified state register of real estate about the main characteristics and registered rights to the property, which will include sections: Information about the main characteristics of the property, information about rights, description of the location of the site, description of the location of the property (buildings, structures), floor plan. In general, the order provides for a fairly wide variety of extracts from which I would also like to single out an extract for the security zone.

By the way!!
It will no longer be possible to order a cadastral extract for a land plot after January 1, 2017, since such an extract, the cadastral passport, and even the state real estate cadastre itself will be abolished.

Who keeps records

By preliminary information The federal cadastral chamber of Rosreestr transfers its functions of maintaining the register and cadastral records back Federal service civil service cadastre registration and cartography. It is still quite difficult to say what this will look like in practice.

Well, in conclusion, I would like to note that many orders of the Ministry of Energy regarding the maintenance of the Unified State Register will come into force, and accordingly, the same number of orders regarding the maintenance of the State Property Committee and the Unified State Register will lose their legal force from January 1, 2017.
In particular, the procedure for providing information contained in the Unified State Register, the form for requesting information from the Unified State Register, will be established by orders of the Ministry of Economic Development.

We offer our high-quality services of a cadastral engineer, as well as a cadastral lawyer.

contrastwerkstatt/Fotolia

1. More reliable protection of purchases under DDU

Of course, we need to start with the main law in the field of new constructionek. January 1, 2017 enteredsilt updated214-FZ“On participation in shared construction of apartment buildings and other real estate”. Amendments to the law contain new requirements for development companies. INin generalclarifications and additionsaimed at protecting the rights of citizens, that areparticipantami shared construction. Tnow construction companies will have to constantly update information about their activities. In addition, the developer’s authorized capital must correspond to the planned volume of developmentyki and cannot be less than 2.5 million rubles."NaibThe most important changes concern “protection”equity holder's funds.Ffinancesmust be involved either in special escrow accounts (that is, used before the transfer of the finished apartmentowner, usingmoneyin construction,the developer is not will be able), or be insured, - notes the chairman of the board of directorsmoat of the company "BEST-New building» IrinaDobrokhotova. — TOIn addition, at least 1% of the construction cost, indicatedthin the project declaration, it is planned to transfer to the compensation fund (according to the latest data,thisthe percentage can be increased to 3% ). Thus, money dollarsprices will increase significantly, and it will definitely have an impactat costsq.metra» . It's paradoxical, butit turns out that due to the amendments, On the one side,responsibility increasesdevelopers, and on the other hand,apartment buyersessentially againthemselves« will pay» guarantees of construction reliability.

2. Land tax: how do we calculate it in 2017?

In fact, the rules changed in 2016, and now it is already possible to draw some conclusions. Land tax is now calculated from the cadastral value of the property, and it is actually equal to the market value. After determining the cadastral value of a land plot, owners are recommended to assess its market value (as practice shows, the latter is significantly lower than what is determined by the state; sometimes it is half as much).

There are two wayschallenge the cadastral valueland plot: go to courtor incommission for the consideration of disputes regarding the results of determining the cadastral value.« ABOUTdispute the results of determining the cadastral valuepossible within fiveyears from the moment the results of determining the cadastral value are entered into the state real estate cadastre, but until the moment a new one is determinedcadastral value. This is saidin part 10 of article 24.18 135-FZ “About appraisal activities in Russiaysk Federation" . To apply to the commission, you need a corresponding application, which indicates the name of the owner of the land plot, the address of his place of residence and the reasons why the cadastral value is being disputed.”, - notes the senior legal consultantt of the company “My Family Lawyer”DmitriySmakovsky.

3. New urban planning standards

Another innovationon the real estate market in 2017— new requirements for residential and non-residential premises on the first floors of houses. In the Moscow region during2016repeatedlythe ban was seriously discussedfor constructionapartments on the first floorsresidential buildings above threefloors.« Although the demand for housing on the first floors is usually low, not all developers welcomed these changes, since it is in the Moscow region that many large-scale microdistricts and blocks with a large number buildings. If in such projects all the first floors are made commercial, there will be an oversupply of them, somepremisesit will be a long timeeTstand idleIn addition, there are certain categories of buyers who prefereveryone elsethe first onesefloorAnd(for example, older peopleAndcitizens with limited mobility )» , notesIrinaDobrokhotova. In the final text of the draft new urban planning standardsthe regional authorities took into account the wishes of business: in houses with a height of fourup to 12 floorsonlyIt is recommended to leave 6% of the area for non-residential space, but there is no strict norm. This will help maintain the balance of housing andcommercial infrastructure in new buildings in the Moscow region.

4. Changes in the rules for registering real estate

1st of January2017Oh yeah218-FZ “On States” comes into forceregistration of real estate",adopted back in July 2015(but still not entirely - some provisions will come into force later). This is a hugely significant innovation that will entail the long-awaitedohsimplification and reorganizationsystemssregistration of documents. The system itself- all its stages - should become more understandable fornon-specialists.

A Unified State Register of Real Estate (USRN) will be created, which will unite the current Unified State Register of Rights to Real Estate and Transactions with It (USRP) and the State Real Estate Register (GKN).“Now (the Unified StateregistryA real estate) will be the main document confirming your ownership of real estate. There will be a reduction in the time frame for receiving public services: it will take no more than seven days to register rights, and no more than five days to register them with the cadastral register.”, — comments on 218-FZDmitriySmakovsky.

Finally, real estate objects have a single story— All operations on the object will be stored in the registry. Accordingly, information about this can be obtained in one statement.

Whatwill change?"Now, for example,information that was stored in two structures — GKNand Unified State Register— will be mergedVOneohmstateohmregistryereal estateall document flow of which is transferred toelectronfirst kind. Cadastral registration will now only be carried outRosreestrand its territorial bodies. Anotherimportant change: now the transfer of ownership will be confirmed not by a certificate of registration, but an extract from the Unified State Register", - notesDeputy Director for Legal Affairs "MIEL"— Network of real estate offices"OlgaBulbeck.

It is important to note that the information of the Unified State Register (as well as today the information of the Unified State Register) will be currentflax only at the time of their preparationstaging. Thiscurrentclarification in the real estate law, since already on the day the document is issued, the information contained in the register may change.TOak andearlier,when making a transaction, it is necessary to obtain an extract on rights and encumbrances and compare the periods of receipt with the date of signing the agreement (donation, purchase and saleand so on.).

“By the way, now notarization of an agreement on the division of common property of spouses becomes mandatory (previously this was optional and was done at the request of the applicants) » , — addsDmitriySmakovsky.

5. New tax rules for buying and selling real estate

For a little over a year now (since January 1, 2016)new income tax rules apply,which were receivedphysicalpersons from the sale of real estate(apartments, houseah, rooms,shares,officeorapartments). These rules are related to 382-FZ (which wouldl accepted at the end of 2014)and addedAndin 2016 Tax Code of the Russian FederationArticle 217.1.

Earliersubject to taxationonlyincome from the sale of real estatewhich wasand owned by less than threeyears (after the sellerwas completely releasedfrompayment of taxes).Nowthere are several schemes, andhundredloit is important how the property was acquired.

Firstoption— this is the property that has passedto the sellerby inheritance, gift from relatives, as a result of privatization andwhether under a dependent annuity agreement. She should be ownedat least threeyears.

Secondoption— this is real estate, which was acquired by any other means.She mustbeownedat least fiveyears.

If the property is sold before the expiration of the established deadlinesc, then the income is taxed.

“As we see, the algorithm for calculating the tax burden of a transaction has become more complicated. Additional difficulties arise due to the fact that the new rules do not apply to all sales, but only to those properties that became the property of the seller after January 1, 2016. This condition tax legislation creates a situation where two taxation systems operate in parallel: the old one (for real estate transferred into ownership before January 1, 2016) and the new one (for real estate transferred into ownership after January 1, 2016). This duality will continue until 2020 inclusive (until the period of ownership of real estate with property before January 1, 2016 does not exceed five years). Then there will be no need to determine the tenure period in accordance with different systems taxation", Author of articles for the site

The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.