In a market economy, we are accustomed to the fact that everything has its price. All goods and services. And the services of government agencies are paid in accordance with the general procedure. Such payments are called state duties and have their own rules.
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For what services is mandatory payment made?
State duty is a mandatory payment for services provided by government authorities. The obligation to pay it arises from the entities listed in Art. 333.17 Tax Code.
They are people and organizations when they demand legally significant actions be taken against them, as well as in a situation where they become defendants in legal proceedings at various levels of government if the decision is not made in their favor.
Paid services that you can apply for are given in Chapter. 25.3 NK. It defines the rules, amounts, benefits and procedure for depositing funds when applying to civil registry offices, courts at various levels, notary offices, the Federal Migration Service, and Rosreestr.
In the event that property is alienated as a result of sale, exchange, gift, by will or by inheritance without it, you will need to contact Rosreestr and properly register your powers. To provide such a service, you must pay a state fee.
The concept of state duty is given in Art. 333.16 Tax Code of the Russian Federation
Until 2013, not only the right was subject to registration, but also the agreement itself as a result of which the property was transferred. After the entry into force of Federal Law No. 302 of December 30, 2012, the procedure for registering a document was canceled and only the transfer of rights was formalized.
The transfer of funds must be completed before the time of contacting the authorities. For some operations provided for in paragraph 1 of Art. 333.33 Tax Code, the possibility of late payment is provided.
This right is given to citizens who submit papers for registration in electronic form. But the period is limited by the moment such an application is considered by the authority. If payment is not made, the execution of the service will be postponed until the obligations to deposit funds are fulfilled.
Payment Methods
Art. 333.18 of the Tax Code provides for the opportunity to pay in cash or by bank transfer .
The moment from which the countdown begins for the provision of public services begins on the day the documents are submitted, on this day the payment of the contribution should already occur.
If documents are submitted via the Internet, payment cannot be delayed for more than 10 days. If this deadline has been missed, information about the rejection of the application for performing a public service is sent to the email address specified in such a request.
You can pay the state duty at the Rosreestr branch
Can be used to pay at the cash register in Rosreestr, bank or MFC for payment in cash. There you will need to provide a form for paying the state fee for registering property rights and the payer’s passport. Or terminals and ATMs for cashless payments.
Details for paying the state fee for registering property rights are presented in the divisions of the MFC, in the structures of Rosreestr, as well as on their official website.
When depositing funds in kind, the employee receiving them will provide a document confirming the fulfillment of obligations. When making payments through terminals or in personal accounts of credit institutions, it is better to print out the receipt.
After the adoption of Federal Law No. 210 of July 27, 2010, the State Information System on state or municipal payments came into effect, therefore the number of documents provided has decreased.
This program allows you to view the availability of payment in the electronic register. Therefore, the application of receipts for payment of state fees is a thing of the past.
Refund
However, there are cases when the payment does not go through due to incorrect data entry of the sender or recipient. In this case, it is possible to return the funds, so it is better to have payment documents on hand.
If an unauthorized person paid or an overpayment occurred, then it is possible to return the funds according to the rules of Art. 333.40 Tax Code. To do this, you need to contact Rosreestr, bring a receipt for payment of the state duty, and write an application for a refund.
It is better to immediately take with you your passport, TIN information, and a receipt confirming payment. If a full refund is being made, then the original receipt is required; if only a partial refund is being made due to an overpayment, then it is possible to provide a copy. The money will be transferred within a month to the account specified in the application.
Payers
Funds are contributed directly by the person in whose name the right is registered. That is, if the payment is made at a bank, you should contact the branch with your passport. It is from this document that the data in the receipt will be written off.
You can pay the state fee through terminals
It should be taken into account that for categories that are not able to pay for the funds on their own, the opportunity is provided to receive the service through a representative .
For example, when real estate inherited by a minor is registered, his details are indicated on the receipt, and the parent’s details are entered after specifying that this person acts as a legal representative. Read more about the inheritance procedure in this article.
The same rule applies when paying by proxy. You must have with you a notarized power of attorney , and for the legal representative, a document confirming such rights, for example, a child’s birth certificate.
You can pay the mandatory contribution at ATMs and using the online service provided by some credit institutions.
The procedure for transferring ownership of real estate
Real estate occupies a special, significant place among other civil rights. This stems from its social importance and high price. In order to legally take possession of property and, if necessary, protect it, you should know the basic nuances.
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Reasons
Among the grounds for the emergence of property rights are:
- initial (those that appear for the first time or independently);
- derivatives (based on the ownership of property by the previous owner).
This classification is not fixed at the legislative level; it is based on doctrinal interpretation, since the practical significance of the above division is undeniable. Each method of acquiring property involves a separate procedure.
Initial grounds include the establishment of:
- ownerless real estate;
- acquisitive prescription;
- unauthorized construction.
Derived methods:
- nationalization of property owned by the state;
- privatization of municipal housing;
- obtaining real estate during the reorganization or liquidation of a company, institution, or organization;
- confiscation;
- acquisition of property under a contract;
- receiving real estate by inheritance;
- seizure of rights to real estate due to the fact that this property does not legally belong to the interested party.
Each specific case involves specific features of the transfer of property rights:
- Buying and selling is one of the main ways to acquire new property. The basis for this is a written agreement.
- Inheritance by law. The property passes to the heir on the basis of the appropriate certificate.
- Inheritance by will. The owner of the property becomes the person to whom the certificate of inheritance under the will is issued.
- Establishment of property rights in court. Occurs regardless of whether there are property disputes or not. In what cases are property rights transferred to the applicant in the event of a dispute:
- recognition of the decision on the alienation of real estate as invalid;
- reclaiming real estate if third parties own it illegally;
- division of property during divorce between spouses;
- reclaiming the land plot on which the owner’s property is located.
Claims considered by the court if there is no dispute over property:
- acquisition of real estate on the basis of acquisitive prescription;
- legalization of buildings constructed without permission, without obtaining permits;
- entry into inheritance due to missed deadlines for its acceptance.
- Giving. To legally carry out this procedure, a written agreement and a transfer deed are required.
- Privatization of residential premises. Citizens receive at their own disposal housing that previously belonged to the municipality or the state.
- Mena. The right to own property is transferred as a result of an exchange in which an exchange agreement is concluded.
Registration procedure
Taking ownership of real estate involves going through a legally established procedure. You should know that only state registration is the legal basis for ownership of real estate. All methods of acquiring real estate are considered to have entered into legal force from the moment of their official registration.
Registration of property rights of all owners is carried out by the state registration authority or a notary.
Grounds for state registration:
- statement of the copyright holder (this can be either an individual or government authorities);
- bailiff's demand;
- an appeal from a notary who has performed the established notarial act.
If one of the parties to the concluded agreement avoids going through the state registration procedure, there is a way out : recognition of property rights in court.
From July 15, 2016, in Russia, in accordance with the amendments made to the Civil Code, the issuance of a certificate of registration of ownership of real estate will cease. It is important to know that the fact of registration itself is not canceled, nor are the documents confirming this.
The innovations are as follows:
- Instead of a certificate of state registration, an extract from the Unified State Register will be issued.
- Certificates of ownership of property previously issued do not cease to be valid.
- An extract certifying ownership is issued, at the request of the client, both in written and electronic form.
Cancellation of a state registration certificate does not cancel the procedure for acquiring ownership rights.
Step-by-step instruction
The sequence of actions that should be followed during state registration of the transfer of the right to own property:
- Written request from the applicant.
- Entering the submitted application into a single database.
- Preparation and submission of a package of documents.
- Submission of electronic copies of all documents submitted by the applicant to the registrar or notary for consideration.
- Making entries in the State Register in accordance with the decision of the state registration authority.
- Obtaining an extract from the State Register.
To ensure that the procedure has been completed, the registered right to real estate can be independently checked in the State Register.
Required documents
The collection of documents should be taken responsibly. Failure by the applicant to submit at least one of them will serve as the basis for subsequent refusal of state registration or leaving the submitted application without consideration.
To officially register the transfer of property rights, you need to submit to the Federal State Registration Service:
- statement;
- applicant's passport;
- a document that confirms the basis for the transfer of rights to real estate;
- cadastral passport of the object;
- notarized consent of one of the parties to the process for the alienation or acquisition of property;
- receipt of payment of state duty.
The package of documents for state registration is not the same for all cases. An experienced lawyer will explain the nuances that arise in each specific situation.
State duty
State duty is a fee that is levied on all payers who apply to government agencies to carry out legally significant actions. The fee is paid by both individuals and legal entities.
The difference is in the cost of services:
- for individuals - 2,000 rubles;
- for legal organizations - 22,000 rubles.
The state duty is paid before the commission of legally significant actions. Payment must be made at the place of transaction. Cash and non-cash payment methods are accepted.
When registering property rights, some categories of citizens are exempt from paying state duty:
- Heroes of the USSR and Russia;
- full holders of the Order of Glory;
- participants and disabled people of the Great Patriotic War.
Registration deadlines
The legislative field of the Russian Federation establishes the time limits allotted for the process of registering property rights. Typically, they do not exceed one month from the date of submission of documents. But in some regions, special provisions have been established: paperwork takes from five working days to 20 calendar days.
To clarify all points of interest regarding the registration of the transfer of ownership, you should contact the local State Registration authorities.
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Deadline for registering rights to real estate and documents for registration
Registration of ownership rights to any property is a mandatory procedure defined by law. And it is precisely this that is intended to confirm the transfer of ownership of any private houses; land plots for various purposes; apartments in multi-apartment buildings; garages; dachas; unfinished construction projects; other immovable objects.
But how exactly and where is registration of rights carried out? What state duty is charged and from whom? What documents are required to be collected? And how long does the entire event take? Let's look into the details.
Contents: 1. How can I purchase real estate? 2. Legislation on registration of rights to real estate 3. State registration of the transfer of ownership in Rosreestr: documents 4. State duty for registering rights to real estate in 2023 5. Deadline for registering rights to real estate 6. Documents confirming ownership of real estate 7. Unified State Register of Rights to Real Estate and Transactions with It
How can I purchase real estate?
According to current Russian laws, the concept of “real estate” means any property that is inextricably and immovably connected to the land. Such property cannot be moved in space without causing harm to it.
There are several different ways to become the legal owner of real estate:
- By concluding all kinds of transactions between individuals and/or organizations.
- Build it yourself or on “share” terms.
- Participate in privatization.
- Enter into inheritance.
- Win the lottery.
- Take advantage of government support under one of the special programs.
Any of the existing real estate properties costs decent money. This is a value, the loss of which (as a result of the implementation of fraudulent schemes, delusion, deception, ignorance, etc.) can become an irreparable disaster, causing significant material damage to the owner.
That is why the state pays maximum attention to monitoring ongoing changes in authority over real estate, as well as systematizing such changes. Possession, disposal, obstacle to disposal, legal formation and completion of the right, as well as its transfer - all this is subject to state registration.
Legislation on registration of rights to real estate
Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate and transactions with it” is intended to streamline the registration of rights to real estate. Also, the basic principles in this regard are determined by the Civil Code of the Russian Federation in its parts 1 and 2. And the topic of state registration of rights to housing, land, etc. is touched upon in:
- the current Russian Housing Code;
Registration of transfer of ownership is a mandatory procedure
Registration of the transfer of ownership is a mandatory legal act in real estate transactions that protects the interests of the buyer (acquirer of the right).
Registration of the transfer of rights occurs at the request of the seller and on the basis of a title document in the absence of prohibitions and restrictions on this included in the Unified State Register of Real Estate.
Registration of transfer of ownership
State registration of the transfer of ownership of real estate - houses, apartments, land plots, rooms - is carried out by Rosreestr.
A record of this is made in the Unified State Register of Real Estate for all transactions with the property.
The registration history of the transfer of rights is saved and can be obtained by any interested party in the form of an extract from the Unified State Register of Rights on the transfer of rights.
Agreement for registering the transfer of ownership
The basis document for registering the transfer of ownership is:
- Real estate purchase and sale agreement
- Barter agreement
- Donation agreement
- Court decision, etc.
Such an agreement describes a transaction for the alienation of rights from one individual or legal entity to another.
The alienation agreement itself is not subject to state registration, therefore there is no state duty for this.
The agreement for registering the transfer of rights on paper is submitted to Rosreestr in at least two copies, since one copy remains in the Rosreestr archive. As a rule, the number of copies of the agreement is equal to the number of parties to the transaction + one.
- The agreement for registering the transfer of rights can be submitted to Rosreestr electronically.
- To register the transfer of shared ownership rights, there is a mandatory requirement - notarization of the basis document.
- That is, if a property is owned by several owners on the basis of common shared ownership, then Rosreestr will register the transfer of rights only on the basis of a notarial purchase and sale agreement.
- Alienation of common joint property does not require certification by a notary.
- But the transfer of ownership from a minor or incompetent owner requires not only the permission of the Guardianship and Trusteeship Authorities, but also the mandatory certification of the purchase and sale agreement by a notary.
The purchase and sale agreement is subject to mandatory certification by a notary if shared property or the property of a minor or incompetent person is alienated.
Documents for registering the transfer of ownership
The state registrar will make an entry on the registration of the transfer of ownership if there is:
- applications for the transfer of ownership from the seller, donor or party to the exchange agreement
- basis document (donation agreement, purchase and sale agreement, exchange)
- If the basis document is certified by a notary, a statement from the party alienating the right is not necessary!
- That is, if there is a notarial agreement, the seller or donor may not be present at the MFC when submitting documents to register ownership of the new copyright holder.
- An application for registration of transfer of rights will be accepted only upon presentation of an identity document.
You no longer have to provide real estate documents! After all, the only evidence of registered ownership is the presence of a record of this in the Unified State Register of Real Estate. And the title document is in the registry file.
Now you don’t even need to provide your spouse’s consent to the sale. This will not be an obstacle to registering the transfer of rights
BUT! An entry will be made about this in the Unified State Register of Real Estate!!!
Read the article: Spouse's consent to sale
State fee for registration of transfer of ownership
The state fee for registering the transfer of rights is not paid.
BUT! If the owner’s personal data has changed, for example, the last name has changed upon marriage, it is necessary to write an application for making changes to the Unified State Register, pay a state fee of 350 rubles (for 2018) and attach a marriage certificate.
Registration of transfer of ownership. Moment of registration
The moment of registration of the transfer of rights is making an entry about this in the Unified State Register of Real Estate.
Such changes in the registry can be tracked (monitored) using a special service.
The price of the service is only 50 rubles.
As soon as the registration of the transfer of rights is entered into the Unified State Register of Real Estate, you will receive a message about this at the email address specified in the application.
On the transfer of ownership of real estate: terms, at what point
The algorithm of actions is as follows:
- Collection of documents.
- Contact Rosreestr or submit a request through the electronic portal.
- The registrar checks the documentation and makes a decision to make an entry about the new owner.
- Making an entry in the Unified State Register of Real Estate.
The transfer of rights may be denied for several reasons: lack of title documents, an open dispute about the right to own property, inaccuracies in documentation, or the property being under an encumbrance.
To register ownership rights in Rosreestr or MFC, you must provide the following documents:
- Identity card (passport). A copy and the original are provided to the government agency.
- Statement. The document form is issued at the place of registration.
- Legal documents. This could be a contract of sale, gift, exchange, privatization, rent, or a certificate of inheritance.
- Cadastral passport. The document contains all the information about the object. If the document has not been drawn up, it is necessary to register the object with the cadastral register.
- Certificate on the number of registered persons (when transferring rights to a house or apartment).
According to the current legislation (Article 1152 of the Civil Code), the right to inheritance arises from the moment the inheritance is opened, that is, from the date of death of the testator (Article 1114 of the Civil Code). Does not depend on his (right) registration with a government agency, which is specifically stated in the law.
In fact, this means that the citizen is the owner of an apartment received by inheritance, but can make transactions with it only after registration with Rosreestr. A fairly significant period may pass between the date of acquisition of property and the moment of registration.
In the event of a subsequent sale of the apartment by the heir, it is important that the minimum period of ownership, after which the seller is exempt from paying sales tax, will be calculated from the moment the inheritance is opened.
The timing, procedure, and procedure for registering the transfer of rights are regulated by Law No. 128-FZ. It determines that the basis for registering an object is:
- acts of state authorities, local self-government;
- contracts and other transactions in relation to real estate;
- certificates of privatization of residential premises, the right to inheritance;
- judicial acts that have entered into force;
- information (certificates, acts) on rights to property issued by authorized bodies;
- boundary or technical plan, as well as an inspection report as a result of cadastral work, a diagram of the location of a land plot on a public cadastral map;
- other documents provided for by federal legislation.
As a rule, state registration of the transfer of ownership is carried out simultaneously with cadastral registration. However, the law provides for cases of registration without simultaneous state cadastral registration.
- use of nuclear energy;
- development, production, disposal of nuclear weapons;
- space activities (clause 1, part 5, article 14 of law No. 218-FZ).
Registration is not required when:
- the land plot is confiscated for state or municipal needs;
- the existence of the object ceases (Part 4 of Article 14 of Law No. 218-FZ).
When a company receives ownership of real estate, to register the transfer of rights to it, it is necessary to apply to Rosreestr with an application. The law indicates the persons who have the right to submit the relevant document:
- owner of the site;
- the person who received the land for construction;
- the owner of the original property from which new properties are formed;
- owner of a building, structure, unfinished construction project, single real estate complex;
- the owner of the property in whose favor restrictions on rights and encumbrances are established;
- cadastral engineer (for example, when creating an object);
- other persons (Part 2 of Article 15 of Law No. 218-FZ).
Registration of rights is carried out within the time limits determined by Article 16 of Law No. 218-FZ. To make an entry you will need:
- Seven working days from the date when:
- Ten working days from the date if:
- Five working days from the date when:
| What is real estate, is state registration required? | |
| Art. 130, 131 Civil Code of the Russian Federation | The provisions of the law make it possible to determine what belongs to real estate. According to Art. 130, these are things that are closely connected to the earth and cannot be moved. They also include ships and aircraft; objects intended to accommodate vehicles. At the request of the copyright holder, information about the property is entered into the register, and the owner is issued either a document on the right to the property, or a record of the registration is made on the title document. The entered information is provided to interested parties, and it is not necessary to contact the same registration authority where the data was entered. |
| Law No. 218-FZ of July 13, 2015 “On state registration of real estate” |
The deadline for registering ownership of real estate is in 2023 - through the MFC, for a mortgage
The only evidence of legal ownership of real estate is the entry about the copyright holder in the Unified State Register of Real Estate. When is ownership of real estate registered in 2023?
Since 2023, a new law regarding state registration of real estate has come into force. The provisions of this regulation have made significant changes to the registration process.
What is the deadline for registering ownership of real estate in 2023?
Basic moments
In 2023, the USRN was created. The Unified Register combines information from the Unified State Register and information from the Real Estate Cadastre.
This made it possible to combine procedures such as the process of registering rights and cadastral registration. Due to this, the time required to complete documents has been reduced.
The USRN database is saved in electronic form. Moreover, archival data is also subject to storage in the database.
Information from the virtual storage cannot be deleted, and backup copies provide protection and preservation of information.
Thanks to the creation of an electronic database, you can now submit documents for registration at any branch of Rosreestr, regardless of the location of the property.
Among other things, the new law abolishes the certificate of ownership. The availability of rights in 2023 is confirmed by an extract from the Unified State Register of Real Estate.
You can get it at any time if necessary. The statement displays information that is current as of the date the document was issued.
It is also necessary to note such an important innovation as notification of copyright holders about all requests from third parties regarding the registration of the right to real estate they own.
This will help minimize real estate fraud. But the adopted law pays no less attention to the time limits allocated for registering property rights.
Maximum periods for the provision of services have been approved for various situations depending on the circumstances.
For violation of deadlines, officials are subject to liability. Employees of the registration authority will also be punished for errors in documents.
All losses of the applicant incurred due to the fault of the government agency are subject to compensation from the budget. How is state registration of ownership of real estate carried out according to the new procedure?
What it is
State registration of ownership of real estate is a legal action that recognizes and confirms the emergence of such a right.
Any change, transfer, or termination of ownership is also registered. Existing restrictions and emerging encumbrances on real estate are subject to mandatory registration.
The registration procedure assumes a standard procedure. First, documents are accepted from a citizen who wants to register ownership of real estate or change it.
The legality of the claim is then verified and the appropriate entry is made in the state register.
The registration period is determined by the time spent by registration service employees examining the authenticity of documents and verifying the eligibility of the claim.
Purpose of the procedure
- A record of ownership in the Unified State Register of Real Estate can only be challenged in court.
- After state registration of the right to real estate is completed, the state recognizes that certain property belongs to a specific person.
- The copyright holder receives the right to own, use and dispose of the property at his own discretion.
If the owner decides to sell or donate the real estate belonging to him or for any other reason is deprived of the object of ownership, then accordingly he loses the right to it.
Termination of rights must be registered. If real estate is transferred to another person, then the transfer of ownership from the previous owner to the new owner is registered.
But the Unified State Register of Real Estate records not only the right to property, but also its restrictions. Certain types of encumbrances deprive the owner of the right to dispose of property or significantly limit it.
And since any real estate transaction is carried out through Rosreestr at the final stage, all restrictions are identified in a timely manner. This helps prevent illegal transactions with real estate.
The main purpose of the procedure for state registration of ownership of real estate is to determine the legal status of the real estate object.
Saving data in a single database and mandatory recording of any change ensures control over the legality of all real estate transactions and respect for the interests of the parties to the transaction.
Current standards
Until 2023, registration of ownership rights to real estate was carried out in accordance with Federal Law No. 122 of July 21, 1997.
Transfer of ownership of real estate in 2023 - moment, registration
The moment of transfer of ownership of real estate is essential for establishing ownership rights in order to avoid subsequent disputes with the legal basis of such an action.
Registration takes place in the Rosreestr authorities at the location of the real estate, which have a unified state database for all objects on the territory of the Russian Federation. What documents are required for this, how much the state duty is and in what time frame the transfer of ownership is registered, is detailed in the material.
What it is
From January 1, 2023, significant amendments took place on the basis of changes to Law No. 218 on the registration of rights to real estate and transactions with it. In particular, a unified real estate database was created, combining information on the transfer of rights to real estate objects and information on cadastral registration.
Now all information can be obtained by sending one request for an extract from the Unified State Register of Real Estate, which reflects the address, cadastral number of an apartment, house or land plot, information about the owners, and when drawing up a detailed certificate - about the history of the property with the dates and reasons for the transfer of ownership.
Legislation
The absence of documents confirming ownership of real estate included in the unified real estate database does not detract from the rights to use the premises, however, he will not be able to dispose of the property at his own discretion. The question concerns, in particular, transactions of purchase and sale, exchange, rental, collateral for mortgages or loans and other legal actions.
Such property is usually in state or municipal ownership and provided to citizens on the basis of a social tenancy agreement or, according to the old law, a warrant.
In relation to land plots, ownership can be carried out in accordance with the act of granting perpetual or inheritable possession on the basis of Soviet law, in force before the entry into force of the Civil Code of the Russian Federation in 1993.
In order for the transfer of ownership of the specified real estate transferred for use to occur, it is necessary to carry out privatization of the property on the basis of the law on the transfer of housing stock into the ownership of citizens or in accordance with the federal act on the dacha amnesty in relation to land plots and individual development objects built on their territory .
The transfer of rights is carried out upon registration of an agreement, an act of government authorities or another document confirming the existence of rights to property.
After placing information in the state register of real estate and registering the transfer of rights, the property comes into the sole or shared ownership of certain subjects of property rights on an indefinite basis on the basis of Law No. 218 on real estate registration.
Procedure for registering the transfer of ownership of real estate
The procedure for transferring ownership depends on the basis for it:
- In the case of registration of a purchase and sale agreement, gift, exchange and other paid and gratuitous agreements, the transfer of rights is carried out on the basis of submitted papers indicating the transfer of rights from one private person to another.
- In the second case, the premises or land plot are transferred from state or municipal property to private property. Such cases occur when concluding a privatization or deprivatization agreement (the transfer of rights is carried out, on the contrary, from citizens to authorities), acquisition of a land plot into ownership, if it was obtained on the basis of an act of perpetual or hereditary ownership.
- In the third case, the transfer of rights is implemented within the framework of an inheritance case. The heir is obliged to notify the notary in charge of the case about the rights to the property bequeathed or assigned to him by law. Within 6 months, a count of the heirs who came with statements about their rights is kept. After this period, the notary issues certificates to citizens and organizations whose activities are not related to making a profit, with which they need to appear at the Rosreestr authority to register the transfer of ownership from the deceased to the heir. The procedure and timing for registering a transaction are the same as when completing a sale or purchase transaction with the presence of both parties.
At what point does it happen
The transfer of ownership to the new owner is carried out at the time the state registrar publishes information about the reasons for the transfer of ownership and the parties to the transaction. The specified action is confirmed by a mark on the original of the contract of sale, donation, privatization, certificate of inheritance, etc.
A signature, full name of the authorized employee who performed the action, and date are affixed. The result of the transfer of rights is the issuance of an extract from the Unified State Register with a note about the new owner.
When ordering a certificate from the state register in expanded form, all information about the grounds and dates of transfer of rights to each property owner will be indicated. Only the actual owner can request such a document. Paper is usually requested when conducting transactions to dispose of property or impose security when registering a pledge or mortgage with a bank.
Refusal to establish a transfer of ownership is carried out in the following cases:
- when incomplete information about the owner or property is provided;
- when forging documents, reporting false information when registering a transaction;
- in the absence of data on the property in the state register - for example, when owning land on the right of perpetual use in the absence of privatization under the law on dacha amnesty or other grounds;
- the applicant does not have the right to dispose of real estate; for example, a certificate of inheritance has been received, but the property status has not been registered with the Rosreestr authorities.
Required documents
The list of official papers required to formalize the transfer of rights includes :
- the applicant’s passport in the original and copies for submission to the Rosreestr authorities;
- application - signed at a government agency, printed with completed data by an employee of the organization;
- confirmation of payment of the state duty - just provide the bank receipt number;
- an agreement, an act of a state or municipal body, a certificate of inheritance issued by a notary, another basis for the transfer of property;
- acceptance certificate signed by the seller or buyer;
- title documents for property, evidence of rights to dispose of real estate by the seller;
- cadastral passport and technical plan of the BTI with an explanation of the floor plan and the transferred premises into ownership.
Registration of the transfer of ownership of an object acquired under an agreement of shared participation in construction has certain features. Initially, the developer and the buyer send applications to Rosreestr to register the specified agreement at the stage of construction of the facility. After the house is put into operation by the state commission and the property is transferred by the developer to the shareholder according to the transfer and acceptance certificate of the residential or commercial premises purchased by him in an apartment building.
The last stage is the final one, during which the shareholder’s property is registered, information is placed in the state register and an extract from the Unified State Register is issued on establishing the rights of sole ownership.
The shareholder has the right to pay for utilities and move into the premises after signing the transfer and acceptance certificate of a separate property as part of the housing stock; the establishment of ownership affects only the calculation of tax payments - property tax.
Deadlines
Registration of the transfer of ownership is carried out by submitting documents to the Rosreestr authorities directly within 10 days.
When contacting an intermediary - the MFC, where you can additionally get advice on the required set of documents, the documentation processing period takes about 14-15 working days.
The increase in the period is justified by the need to send papers to the registration authority with preliminary verification by MFC specialists.
It is also possible to send an application with a set of documents online through the State Services website. The terms for consideration of the application remain the same as when applying directly to Rosreestr.
Payment of state fees is also made via the Internet from a card or e-currency wallet, or through Robokassa terminals.
The period for completing documents may increase due to the suspension of the registration procedure for a period of no more than 30 working days due to the lack of certain papers that are required to transfer ownership, or when an application is signed by an unauthorized person, or other legal deficiencies are discovered during the execution of the contract for the transfer of ownership.
Additionally, if the property is not registered as the property of other persons, it is required to carry out the privatization procedure or take possession on the basis of the law on dacha amnesty.
To do this, in relation to residential premises in apartment buildings, you need to contact the executive authority at the location of the property with an application for privatization. The agreement will be prepared within 30 days, after which it must be submitted to the Rosreestr authority to register the transfer of ownership to a private person.
Within the framework of the law on dacha amnesty, in order to obtain ownership of the land, it is necessary to apply to the authority managing the fund with an application for the allocation of a plot of land for a specific intended use. Consideration of the application takes approximately 30 days; based on the result, an act will be issued, with which you can contact Rosreestr in any way to register the transfer of ownership to the new owner.
State duty
When registering a transfer of ownership, a state fee must be paid. Evidence of the deposit of funds is provided to the government specialist during the transaction in the form of a receipt or number for the monetary transaction. The amounts are established by the Tax Code of the Russian Federation and amount to 2,000 rubles for citizens, 22,000 rubles for organizations. for one transfer of rights.
Payment can be made in cash through the cash desks of banks that accept such payments; legal entities can send a wire transfer. Citizens also have the right to take advantage of the opportunity to make online payments from electronic currency wallets when submitting an application through the State Services website.
The specifics of donating property to a relative are discussed here.
Find out how to register ownership of a house built on your own land here.
Registration of transfer of ownership of real estate
- State registration of transfer of ownership of real estate
- The rights of the real estate buyer, their protection
- Registration of a real estate purchase and sale agreement in Rosreestr
- Electronic registration of transfer of ownership
- Documents for Rosreestr when registering the transfer of ownership
- Deadlines for state registration of transfer of rights
- The procedure for state registration of transfer of rights, state duty
- Suspension or refusal of state registration of transfer of rights
- Certificate from the Unified State Register of Real Estate on the transfer of ownership rights
State registration of transfer of ownership of real estate
The grounds for termination of property rights are listed in Chapter. 15 of the Civil Code of the Russian Federation. This:
- voluntary alienation of property by the owner;
- forced seizure of property;
- the owner's refusal to give up what belongs to him;
- death and destruction of things;
- loss of rights for other legal reasons.
Some of the listed situations lead to a change in the owner of the property, i.e., a transfer of rights occurs from one person to another.
Important! The only evidence of the existence of rights to real estate today is a record of this in the Unified State Register of Real Estate. A registered right can only be challenged through court (Part 5 of Article 1 of the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, hereinafter referred to as Law No. 218-FZ).
Since the most common basis for the transfer of ownership of real estate is a purchase and sale transaction, in the next section I would like to pay special attention to the rights of its parties. In particular, the buyer.
The rights of the real estate buyer, their protection
In paragraph 2 of Art. 223 of the Civil Code of the Russian Federation indicates the need for state registration of alienation of property with reference to the fact that the acquirer acquires ownership rights only after this procedure. At the same time, he (the future owner) has certain rights that he can protect.
For example, the owner may transfer real estate to the acquirer under a purchase and sale agreement before registering the transfer of ownership, and then change his mind and avoid registering the transaction with Rosreestr.
Then the buyer can exercise the right provided for in paragraph 3 of Art. 551 of the Civil Code of the Russian Federation, and force the owner to do this.
At the same time, the buyer cannot dispose of the property, since the seller still remains the owner (clause 60 of the resolution of the Plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22).
Important! As a general rule, state registration of the transfer of ownership is carried out on the basis of joint statements of the seller and buyer.
If the transaction has been concluded, the fact of transfer of rights to the new owner has not been registered, and the seller has died, then the seller’s responsibilities are performed by the heirs. Or legal successors, if the owner was a liquidated organization.
If there are no heirs or assigns, the court satisfies the filed claim to register the transfer of ownership of the property on the basis that the parties fulfilled their obligations under the contract: the buyer paid, and the seller transferred the property. The defendant in this case will be Rosreestr.
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