An unpleasant situation arises when it is discovered that the document that is needed is lost and it is necessary to decide how to re-establish the contract for the sale of the dwelling, first recalling all possible places where the documents may be kept, the options for their loss, and the exclusion of the criminal nature of the loss.
General
If the contract has already been lost, it will take a lot of patience to restore it, especially what to do in this situation is to study the legal aspects of the document, e.g. the right to confirm the dwelling was previously the certificate issued by the registration authority, and today they get an extract from the EGRN.
There are two types of documents:
- Establishing a right to property;
- :: Evidence of the right to property.
But no matter what status they belong to, once it turns out that the papers are missing, it is urgent to start restoring them; the documents establishing the right are acts issued by public authorities, contracts for the transfer of housing by inheritance or by sale.
Evidence of that fact had recently been included in the documents confirming the right; however, it was no longer being issued, and instead a statement was issued to the registrar.
The whole procedure for re-establishing a contract for the sale of an apartment is not difficult, but sometimes it will have to stand in lines, which is between 100 and 300 rubles in this case, but it is paid for one document. If more paper is lost, the same amount will have to be paid to the Minister of State.
What Is Needed
The documents are recovered by the same units in which they were originally issued, first by writing a statement setting out their request, and the following should be presented:
- Identification;
- A document confirming the payment of the Ministry of Foreign Affairs;
- A copy of the contract that was lost;
- Other papers (in different cases the package may differ).
At the time of collecting the documents, the authority responsible for issuing the contract of sale must be informed immediately that it has been lost, and the police must also be contacted; in no case should it be delayed; otherwise the lost paper may be used by the perpetrators for its purposes.
But if any real estate transactions are banned, the owner can be calmed down and continue to collect documents for the restoration, because it will protect itself from illegal activities with the apartment.
Lost document
If a contract of sale is lost, it can be restored by using one of several options. What better way to choose depends on how it was processed. If the document was in its normal form and was not given to the notary to obtain a duplicate, it is referred to the public registration authority. Its archive contains all the agreements concluded between the seller and the buyer for real estate.
If the contract is properly certified by the notary, it is easier for the notary to contact the notary, for which it is requested to obtain a copy of the document in connection with his loss, and the money is paid directly to the notary office.
If you wish, the owner of the property may also contact the former owner with whom the contract has been concluded; if you do not need a document, he will give his copy to the new owner; but the former owner may also simply make a copy of the contract, which will be sufficient in some cases.
At the same time, if the apartment was purchased between 1996 and 1998, the duplicate could be taken from a single person, the seller, since no notary certificate was available at that time, and the registration law in force at that time was not yet in place.
But this raises the question of how a contract for the sale of an apartment can be restored if the seller from whom the purchase was made is not possible; this is the only case where it is simply impossible to restore the document.
In order to solve this problem, there is only one option: to apply to the BTI, but in this body the owner of the real estate must prove his right to the property.
Here, too, a statement should be drawn up on the basis of which staff members will issue a certificate stating that he is the real owner of the apartment.
In addition to BTI, such a certificate can be obtained from the Tax Inspectorate.
The employees of this service are entitled to confirm the payment of income tax (which was made by the seller) as well as property tax paid annually by the current owner.
This state structure is aware of any changes that arise in real estate, which is why the Inspectorate has the right to confirm that the applicant is the payer of the property tax and therefore its owner.
Recovery of other papers
If the owner has lost other documents than the contract of sale, each of them is restored with certain features.
Thus, if it is found that there is no contract of gift or a certificate of inheritance, either the registration authority or the notary (depending on where it is received), the owner should submit his/her identity card and a receipt stating that the service has been paid properly.
If the owner cannot find a technical or cadastral passport for the dwelling, you have to contact the BTI, but when the cadastral document is received more than five years ago, you have to do a new one, which requires that specialists from the organization be called home.
They'll take a look and issue a new document, not a duplicate.
But this service is much more expensive and expensive than it is in restoring an existing document, as it requires staff members to rewrite all documentation and issue the required certificates.
When a flat is owned by a social worker rather than by property, it may be lost by a contract, which is restored to the district administration, namely the housing policy department.
Then the citizen is given a duplicate.
However, it may also be obtained from the territorial office of the registration authority, since all real estate contracts, including social employment contracts, are registered in the organization for more than one year.
Anyway, the owner will have to be a little nervous about the loss and go to different government offices to make it right, because you can't just stay without an apartment document, but panic isn't gonna be a good counselor either.
The most unpleasant thing that can happen in this situation is that other people will use the documents.
In our time, as always, real estate is an expensive "pleasure," and we need to keep under control all the paperwork relating to it.
Therefore, whereverver you have to go and no matter how much money it costs, it is necessary to restore the paperwork, and in the future, to make sure that it does not happen again.
Is it difficult to re-establish a contract for the sale of an apartment, and how?
The contract for the sale of the dwelling is a documentary proof of the purchase of the dwelling and must be held in hand.
The contract may be required in the future, for example, when a new technical real estate passport is issued, and if the owner has lost the document for some reason, it must be restored and what to do will be the subject of our article.
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Can the document be restored, and how?
If the owner of the dwelling has lost the contract of sale, he must restore it.The person concerned would then be given a certified duplicate, which had the same legal effect as the original, and it was possible to make any transactions that provided for a contract of sale.
The whole procedure is regulated by Order No. 968 of 23 December 2015 of the Ministry of Economic Development of the Russian Federation establishing the procedure for the provision of information contained in the Single State Real Estate Register and the procedure for notifying applicants of the progress of the provision of information services contained in the Single State Real Estate Register.
It should be noted that information will be provided to a person who has a bearing on the real property specified in the contract.
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In order to obtain a copy of the contract, it is necessary to contact the authorized official authority where such documents are issued.
It could be.:
- The Rosreestra body;
- A notary office;
- Tax Inspectorate;
- Technical Inventory Office.
Each of these organizations maintains relevant information in its databases.
Dulicate via Rosreister
By contacting the Rosreest authority, you can obtain a duplicate of any treatywhich concerns the sale of an apartment.
If a person is unable to visit the registration authority in person, he or she may:
- Go to Multifunctional CentreThe specialists will assist in the processing of the application and transmit information on the designation, and will subsequently receive a reply through the IFC.
- Use the State Services Information PortalThis will require registration on a resource, establishment of a personal office and confirmation of a record, followed by a selection of the service category and a section on duplicate contracts in the main menu; once a special form has been completed, the application may be sent.
It should be noted that it is not possible to obtain a service by online contacting the Rosreestra website.
The applicant ' s passport is sufficient to obtain a duplicateIf a legal representative is involved in the procedure, a power of attorney must be provided, specifying the terms of reference.
A copy of the contract may be obtained by the person involved in the transaction; this may be either of the parties to the contract, whether the buyer or the seller; the law allows the information to be obtained by a third party; this is the legal representative of one of the parties; he must have the power of attorney.
By contacting Rosreister, you can obtain a copy of the contract for the sale of any dwelling.This is due to the fact that the rights to immovable property, transactions and encumbrances related to it are subject to State registration.
The amount of the fee for the service depends on the status of the person concerned. If the copy is printed on paper, the person will have to pay 300 rubles, the organization will pay nine hundred and fifty rubles.
In the case of the electronic version, 150 roubles and 400 roubles respectively, these amounts are set out in Order No. 291 of 10 May 2016 of the Ministry of Economic Development of Russia concerning the setting of fees for the provision of information contained in the Single State Real Estate Register.
Duplicate through a notary
To restore the lost contract, a notary may be contacted.He only had information on transactions that were notarized; otherwise, the notary would not be able to provide information; he should be contacted in person.
The right of any party to a transaction, or his legal representative, is vested in him, and the right of a notary is open to the relatives of the seller or the buyer; this is the case in the case of inheritance.
The applicant must be accompanied by a passport, and the legal representative must have the power of attorney.The notary will be able to process it.
The amount of payment depends on the volume of the contract; the cost will be between two and four thousand rubles.
The duplicate contract will be made and made available to the interested person within three days of the application.
The body of the FNS keeps in its database information on transactions in which a person has profited.A copy of the treaty is not issued by the tax office.You can order a certificate of its existence, and you can get all the information about the transaction from the FNS, which will require you to file an application with the tax authority in person.
Both the buyer and the seller are entitled to apply for information, and each party to the transaction may send a legal representative to the FNS with a proper authorization.
The person concerned must have a passport, and the legal representative must have a power of attorney.
Information services to tax payers are provided free of chargeAs tax copies and duplicates of sales contracts do not require payment by the applicant.
According to the general rules, the time limit for responding to a communication of this nature is thirty days from the date of the application, during which the person must receive all the information, the reply is sent by post or given to the person concerned, and the legal certificate issued is equal to the contract.
Recourse to BTI
It makes sense to contact the BTI only if the transaction was made before 1998The registration of transactions in Rosreestre was not compulsory at the time; information on the contract, but not a copy of it, could be obtained through a later transaction; in any event, a declaration would have to be made.
The buyer, seller or their legal representatives may apply for information.
You have to have a passport, a legal representative, a power of attorney.Information should also be provided on the payment of the State duty.
The cost of the service depends on the person ' s status; for an individual, the amount of payment is two hundred roubles; for an organization, six hundred; the payment is made through any branch of the bank.
The person concerned will receive a response within thirty days of the receipt of the application.
If the sales contract has been lost, which is often the case, there is not much to be done to restore it. It will suffice to apply to the authorized authority and pay the fee.
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Re-establishment of the contract for the sale of an apartment
The loss of a contract for the sale of an apartment does not mean the loss of a right to it; if it is lost, citizens have the possibility of restoring it (especially if there are data on the costs of the transaction for the sale of an apartment: details here).
The procedure for re-establishing the agreement is rather complicated, but it is not costly.
Is it possible to restore the contract of sale?
In the event that the owner of the dwelling has lost the original contract of sale, he is entitled to obtain a certified duplicate; the legal value of the duplicate is identical to that of the original; various legal actions and the registration of transactions with it may be carried out by means of a duplicate.
The authorized authority that issued the duplicate must register it in the database and leave a note on its issuance; this type of information is available to all who wish to do so.
Information on real estate manipulation is usually stored in the territorial authority of Rosreestra, which is regulated by the Federal Act on State Registration of Real Estates and Transactions.
The records have been stored in the archives for about 10 years and are not subject to destruction.
Note this.:: Documents are provided only to persons related to the property specified in the contract, which will require a power of attorney with an indication of the paper required to obtain ownership.
Model sales contract
Where do you want me to go?
It is not possible to restore the contract of sale; therefore, it is not necessary to ask for duplicates if there is a spoiled original document on the hands.
If there is no such document, the owner may obtain a tax deduction or sell his or her own apartment.
Note:If the contract of sale has been broken, for example, you can make a copy of the original.
It is also possible to apply for the restoration of a document for the sale of an apartment in Rosreest, since such a territorial authority contains all the necessary information in the public domain.
Procedure for the reinstatement of the contract for the sale of an apartment
The lost contract for the sale of an apartment is restored depending on the persons who issued it and the signature procedure itself.
There are three ways to restore a contract for the sale of an apartment:
- The contract was entered into with the assistance of a notary; the owner may file a claim for loss of the notary; upon payment of the service, the applicant will be provided with a duplicate document;
- The contract for the sale of the dwelling was drawn up by the parties in writing; the possibility of such transactions was given to citizens before the beginning of January 2006; when the agreement was concluded in this way, the owner may apply to the public authority that registered it; its archives contain all the registered papers and their copies created during the registration of the right of ownership; this also applies to the contract for the sale of immovable property;
- The contract was concluded in any form on the basis of which the transfer of rights took place; the current owner may obtain a copy of the contract from the real estate seller; if such a document was signed between 1996 and 1998, i.e. at the time of the cancellation of the notary certificate, the only way to obtain the contract is to contact the seller; if it has not been found or if the contract has not been retained, it will not be possible to restore it; in such a situation, the owner must apply to the territorial authority for formal confirmation.
If the contract for the sale of the dwelling has been lost, the best option would be to file the application and send it to the BTI, where the owner must confirm that he owns such immovable property.
As a result, employees provide a certificate of who actually owns the apartment; the certificate is provided by the tax structure; any changes to the owners are always recorded in this State structure; therefore, the tax service is obliged to confirm that the applicant is a taxpayer.
Remediation documents:
- Written declaration;
- The applicant ' s identity certificate;
- Certificate of payment of services for the issuance of a duplicate.
The cost of restoring the contract for the sale of the dwelling depends on the public authority to which the claimant refers; the estimated cost of the process is 1,500 roubles.
In Rosreister.
In order to obtain a duplicate contract for the sale of an apartment in Rosreister, the claimant must provide the following package:
- Application for a copy of the contract;
- Payment of State duty;
- The passport of the owner of the real estate;
- Founding information of a legal person.
The cost of issuing a duplicate is regulated by article 22 of the Law on Notaries.
Tax
In the Tax Service, any change in the owners of real estate is always recorded; in some cases, only the Tax Service can confirm that the applicant is the taxpayer of a particular dwelling.
Of course, you're not gonna get a duplicate here, but a document confirming that you're the owner is quite possible.
Necessary documents:
- Certification of the identity of the holder who has lost the document;
- Application for information from the Tax Service.
The procedure for obtaining a certificate of ownership and tax information is free of charge.
Through State Services
A duplicate sale contract can also be obtained through public services, and the following documents must be provided:
- Application for duplicate;
- A copy of the applicant ' s identity card;
- A copy of the document confirming the applicant ' s credentials.
The service is provided free of charge.
On the basis of the above, it is possible to obtain documents that have been lost on the apartment, for which there are several options described in the article: each owner must choose the best and follow a step-by-step restoration.
If you have any questions, consult a lawyer.
You can ask your question in the form below, in the window of an online consultant at the right of the screen, or call the numbers (round the clock and without the weekend):
How to restore the contract for the sale of an apartment, what to do if the contract for the sale of an apartment is lost
The Main "Bought-Sales of the Apartment "What to do and how to restore a contract for the sale of an apartment at loss
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If a contract for the sale of an apartment is lost, it must be put into effect immediately in order to restore it; the document is evidence of a transaction for the disposition of real property, which includes the right-holders, without which it will not be possible to register ownership of the acquired apartment, obtain a tax credit or otherwise act on the disposition of the property.
Can the contract for the sale of the dwelling be restored
It is possible to re-establish the treaty. This requires an analysis of:
- When a sales agreement has been concluded;
- Whether notarization was required;
- Where the transaction was registered.
If the document had been lost a long time ago, for example from 1996 to 1998, it would be futile for a notary to search for the original; during that period, the sale of real property was not subject to a notary ' s certification.
When we recall the nuances of the conclusion of the treaty, we can quickly determine the starting point for the search.
The lost contract can be used by the perpetrators, whose ultimate goal is to sell the property illegally on forged documents.
In order to preserve real estate and avoid legal proceedings, it is necessary to contact the police, report the missing documents, and apply to Rosreestre for a ban on registration in the absence of the owner, after which it is possible to obtain a duplicate.
The duplicate is different from the original only with a stamp on the cover sheet; it has legal force identical to the original; you can make any transactions with the duplicate.
A copy is not legally valid but is presented for information purposes.
Where you can obtain a copy of the contract for the sale of the dwelling
You can search for a treaty in several places:
- The second party to the transaction (buyer or seller): Since the document has several copies, it is necessary to find its second original. Social media may help in the search. If the counterparty is no longer available or is also difficult to provide an agreement, it is worth looking for other ways of obtaining a duplicate.
- Contact the staff member of the organization in which the contract was registered; a copy must be provided during the registration procedure; if the transaction took place during the last year, the third original was not moved to the archive; if the documents were not processed, the documents could be archived every five years; in any event, the necessary copy would be issued by the organization, even if the transaction had been redacted.
- Requesting a duplicate from a notary, the board is relevant if the contract has passed a notarization, otherwise the notary won't help.
- It is not the realtor ' s duty to store the documents, but it is worth trying to contact them; sometimes realtors scan documents and store them in personal archives.
- Request BTI confirmation of ownership.
The following table can be used to determine where to turn more quickly:
Until 1996 | You can get a duplicate from a notary. |
From 1996 to 1998 | During this period, a notary certificate was not necessary and the law on compulsory State registration did not enter into force; a copy can be obtained either from the second owner or, if it fails, request a BTI certificate of ownership of the property; the seller may request data confirming the transaction from the tax inspection; the result of the sale is that the former owner receives income and submits the tax payment documents (or for exemption from the NPFL). The information must be entered into the tax inspection database. The buyer is entitled to a tax deduction; if he has been able to submit the information before the loss of the contract, the information on the sale is contained in the inspection. |
After 1998 | Transactions are subject to compulsory registration in Rosreestre; duplicates may be obtained by applying to the registration authority. |
Since July 2016. | Not only did the agreements begin to be registered, but they also began to be confirmed in advance by the notary; a copy of the document could be obtained from the notary or from Rosreister. |
One obstacle to the receipt of a duplicate is the discrepancy between identity documents and a contract, such as the change of surname, name, adoption of the child to whom the apartment was issued.
In such cases, a change-of-name certificate should be requested in the registry; it would indicate the previous FIOs, the new FIOs and the reasons for the changes; timely receipt of such a certificate would help to avoid problems in the future.
In addressing an employee of Rosreist, notary or new owner, a citizen who has lost a contract must prove that he or she has the right to receive a duplicate.
- Passport;
- A copy of the sales contract (if by accident it remained);
- Other documents confirming ownership of the dwelling to the recipient of the duplicate;
- The power of attorney if the duplicate is handled by the attorney;
- If you go to Rosreister or a notary, you have to pay the government fee.
If the contract has been registered, it is easier to contact the Rostreestra office or the IFC.
Procedure for dealing with Rosreister
In order to take action without difficulty on the disposition of property in the event of the loss of a legal document, citizens need to go through the process of restoring it, as follows:
- Make a request.The document form is provided by the organization ' s staff member at the point of contact. It should be noted that the request is large and includes detailed information on the real estate facility, the identity of the applicant. Without documents reflecting the main characteristics of the real property, it will not be possible to complete the request.
- Send a request.For this purpose, you can contact the registry office in person or act through a legal representative; send a request by mail; apply to the IFC.
- Pay the mistress.to prepare identity and title documents.
- The appeal will be reviewed within 3 dayswhereupon a member of the public authority sends to the owner a contract marked "duplicate", a refusal being possible if the applicant does not have the right to obtain such documents.
If it turns out that the contract has not been registered, you should look for a notary, contact the BTI.
In planning a real estate deal, it should be taken into account that the receipt of a duplicate in Rosreister may take up to 10 days.
The process may be longer if the contract has been certified by a notary who has now resigned, and it is necessary to find out to whom the cases have been transferred and to contact an authorized person who has replaced the notary.
Even if the notary office has ceased to exist, there is no need to despair; it is necessary to collect the documents and file a request with the notaries of the city (areas), but the date of receipt of the duplicate may be 1.5 to 2 months.
Value
The provision of a duplicate will cost a small amount, depending on the manner in which the document is received:
- If the contract was with the second party to the transaction, you have to ask for a copy and then you have to take the original, the passport, and you have to go to the notary to obtain a notary assurance.
- If a duplicate is received from a notary, it is necessary to pay the government fee of 100 rubles (art. 333.24, para. 25).
- In the case of the Rosreister contract, a receipt for the payment of the 200 rubles must be provided.
It is necessary to present the State Secretary ' s letter immediately and, together with a receipt for payment, to apply for a duplicate.
Questions to the lawyer
- What if the sales contract is lost before registration of ownership?Answer:........................................................A copy of the original can be requested from a notary. If the original is known, the relatives will not oppose registration, the transfer of rights to the buyer will be registered with the new owners of the estate who have taken the right to inherit. If the relatives do not, they will have to apply to the court. It is important to find witnesses to the transaction, to collect documents confirming the transfer of the money to the deceased seller.
- I've been stolen from the right-setting documents for the apartment, the seller refuses to register the sale and does not give the original contract.Answer:........................................................You have to contact a notary to obtain a duplicate, you can also apply to the court for a document for registration, as proof of the transaction is provided to the court with a certificate of acceptance and transfer, and a certificate of payment for the value of the apartment.
Having received an EGRN statement confirming the registration of property rights, citizens consider that the sales contract is not necessary to be preserved; this judgement is erroneous because the contract is the most important document confirming the transfer of the right to real property; without it, it will not be possible to sell, give, bequeath an apartment.
If a document is lost or damaged, a duplicate must be made.
At first glance, however, due to frequent changes in the law, it is sometimes necessary to look for a contract in different places, so in order to save time and effort, please specify where to duplicate the sales contract? What documents will be needed? How long is the re-establishment of the contract and how much it costs? Ask the lawyer ros-nasledstvo.ru and receive free advice.
If you want to solve your problem, then...:
- Please describe your situation to the lawyer on the online chat room;
- Write the question in the form below;
- Call +7.499)369-98-20 - Moscow and Moscow Region
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How can a contract for the sale of an apartment be restored if it is lost: can it be implemented, what needs to be done to restore and where can it be obtained?
The loss of a contract for the sale of an apartment is an unpleasant situation, but it is not impossible, in almost all cases, to restore the document as soon as possible at a small price.
It's important to know where to go and when to go. We'll look into all the possible situations, and you'll also learn how to do the right thing.
Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
If you want to know,How to solve your problem is whether you use the form of an online consultant on the right or call on the phone at +7 (812) 467-38-15. It's quick and free!
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What are the actions and consequences if the OST is lost?
The loss of documents may affect any citizen; often the loss is discovered after many years; the contract for the sale of real property is the document that gives rise to the right of ownership of the citizen (the grantor); it is concluded between the seller and the buyer, is drawn up in triplicate, one by each party and one by the registry office.
All real estate transactions are subject to State registrationDepending on whether the contract has been registered, the procedure for reinstatement depends on whether it has been purchased or sold (GC, art. 551).
Before the transaction is registered
The contract is clearly necessary for subsequent registration. Without it, it is impossible to prove the sale. The registration authorities will first request it. No contract means that there is no legal relationship between the parties with respect to the apartment to be disposed of.
The right of ownership arises at the time of the State registration of the transfer of ownership from the seller to the buyer; the contract is the basis for the transfer of the right.
Where ownership is registered, the contract (one copy) is issued to each party to the transaction.Stamps are stamped by a specialist on the last sheet:
- On the State registration of the transfer of law;
- on State registration of property rights.
Buyer may need a document.:
- To receive a tax deduction for the purchase of an apartment;
- To confirm their ownership in the passport table, the manager of the company, the ECU, the bank, other organizations;
- For sale, new buyers will necessarily require a contract of basis, the latter ' s absence may discourage potential customers;
- To enter into a gift contract, rent, rent.
An initial contract will not be required for the subsequent transfer of housing to the new owner through the registration service.
In almost any situation, you can get a duplicate or a copy of the contract. It's much more difficult to restore the original.
Original document:
- If the registration of the right did not take place, a new original could be processed by printout and signature by the parties. The required file is likely to be retained by one of the parties to the transaction or by the realtor.
- If one of the parties is unable to sign a treaty (because of territorial remoteness or lack of will or death), it may not be possible to issue a document merely for the recognition of its rights (coercive registration).
It matters!A duplicate and a copy of the document are different concepts.
The duplicate may only be obtained in two cases:
- If the contract was issued by a notary in a notary chamber;
- If the contract was processed by a real estate agent, by a lawyer at a law agency.
How can a contract for the sale of an apartment be restored if it is lost?
Refurbishment procedure includes::
- The presentation of a passport;
- Application for reinstatement of the document;
- Payment of the public service (payment) for the service;
- Waiting within the statutory time limit;
- The receipt of the document.
The applicant may only be the owner of the apartment or his or her trusted representative.
Features of receiving through Rosreister
A copy can be obtained:
- In the territorial branch of the public authority;
- Once the transaction has been registered by the State;
- If the original document is kept in the registry file;
- If the contract was entered into in simple writing.
Help!The cost is 300 rubles (for natural persons), 950 rubles (for legal persons), and the waiting time is 3 working days.
In most major regions, the territorial reception centres are not accessible, i.e. closed, and the functions are transferred to IFC staff. If the multifunctional centre is contacted, it will be necessary to comply with the same application rules. Only up to 5 days will be changed, i.e. 2 working days will be required under the law for the transfer of documents between entities.
The issue of a certificate on the content of the law-making documents is carried out.:
- If the basis of the transaction is a notary contract;
- If a copy of the contract is kept in the registry file and not the original;
- The payment is 600 rubles (natural persons), 1,700 rubles (legal persons);
- The waiting period is between 3 and 5 days.
Through State Services
The Public Services Portal provides an opportunity for the applicant to order a copy of the contract or a certificate without leaving the home.
- If the applicant does not have an electronic digital signature, his or her rights will have to be confirmed by personal contact with the IFC or Rosreister;
- It is possible to make an appointment with a specialist to apply at a particular time;
- The application shall be completed electronically prior to personal contact;
- The application will have to include the address, the cadastral number of the dwelling, the applicant's passport;
- It is possible to choose the way in which the result can be obtained, whether in paper or electronic form;
- Waiting time between 1 and 5 days.
Collection of a copy as an electronic document:
- 1 to 2 days;
- Is sent to the applicant ' s e-mail;
- has a legal effect equal to that of a paper-based medium;
- The cost is 150 roubles for a copy, 400 for a certificate for individuals (400 roubles for the organization).
At the notary's.
A copy or duplicate of a treaty may be obtained in a notary chamber if the document was issued there.
- The original contract must be present in the case of the notary;
- The applicant elects to receive the document in the form of a duplicate or a copy;
- The presence of a second party to the transaction is not required;
- The cost depends on the entity of the country in which the service is provided;
- The cost of the duplicate is approximately 2,000 to 3,500 rubles;
- The cost of a copy per sheet is approximately 70-110 roubles;
- The waiting period for the production of the copy is on the day of circulation (if the original contract is in hand, such as the other party);
- The production of a duplicate is within a reasonable period of time, but not more than one month.
Will a copy replace the lost OST?
Distinguishing features of the duplicate:
- is an additional copy of the document;
- has the legal force of the original;
- completely repeats the contents of the original;
- The document must have the word or stamp "Dubic".
If the original document is lost and the contract has not been notarized, only a copy can be obtained:
- A simple photocopy not certified by the seller or realtor;
- certified by Rosreister or a notary.
What other references can replace the document and how can they be obtained?
There are a number of organizations that can obtain certificates of ownership of specific real property, which are necessary if registration in Rosreister has not taken place.
From the tax
The Tax Inspectorate has a copy of the sales contract and keeps it in the tax case if:
- If the good faith owner of the dwelling at the end of the tax period has applied to the service with a package of documents confirming his/her right (including a contract), in which case the tax authority shall place the citizen on a tax register for a particular property and tax him/her.
- If the housing seller, seeking a tax deduction of 13 per cent, has applied for a package of documents (including a contract).
- If the seller has applied to the service to pay a sales tax with a package of documents (with a contract).
The Tax Inspectorate does not issue any specialized certificate concerning the ownership of real property, but it has a copy of the contract, in contentious situations, for example, where ownership is recognized through a court, specialists may, at the request of the party concerned, provide information that the citizen is the tax payer of a particular dwelling.
The Technical Inventory Office was in charge of State registration of rights until 1998 in the BTI, and two types of certificates can be requested:
- Housing certificate- Provides technical data, details of the owner;
- certificate of ownership of a citizen- the real property owned in a particular region.
How to restore the dwelling documents: re-establishment of the loss certificate, transport licence, sales contract - Etage Journal
Depending on which document is lost, the recovery process may vary. In general, it is simple to refer it to the authority that issued the paper, paid the State fee and requested a duplicate or a new document. In most cases, you will need:
- ???? identity card - the passport of a citizen of the Russian Federation, to confirm your identity;
- ???????....................................................................................................................................
- ♪ ♪ ♪ ♪ a statement ♪ usually written in person, when you go to the relevant authority ♪
- a photocopy of a damaged or lost document, if you have it, to prove that the paper was before.
- Consider the situation of the restoration of each document separately.
How to re-establish a certificate of ownership of an apartment
It's not gonna be possible to restore the property certificate, it was issued when the EGRP was still working.
The certificate was then printed on a stamped paper, with the names, surnames, and patronymics of the owners, as well as other important data.
Since 15 July 2016, the issuance of property certificates has been discontinued and all transactions have been registered in the EGRN instead of the EGRP. All EGRP data have been transferred to the new register.
If you bought real estate before 2016 and you received a certificate but lost it, you have to write an extract from the EGRN, which is issued on plain paper, certified by the signature and seal of the Rosreestra employee, confirming your ownership as well as an old-fashioned certificate.
In order to obtain a new legal document, contact Rosreister if the public authority is hosting citizens in your city, or IFC.
Pay the State duty, which amounts to 750 per paper-based document for natural persons, and provide a passport, an original receipt for payment of the State duty, as well as any housing document.
Within three days of receiving the request, Rosreest will prepare a statement on the property.
How to Re-establish the EGRN Release
If you bought a dwelling after July 15, 2016, after you registered your property rights, it's still in operation. If you've lost it, it's enough to go to Rosreest in the way we told you earlier: provide a passport, another housing document, a receipt for the payment of State duties, write a local application.
There's another way to get an electronic release. Then you'll be sent an electronic document with an official signature. You can file a new release without leaving your home on Rosreestre's official website.
In order to obtain a new statement, enter the real property cadastral number or its exact address in the search field, select the relevant value from the drop-out list. Then select the appropriate form of the discharge at the bottom — usually a tick — and pay the State card duty or other way. When applying online, the amount is 350.
The deadline for the electronic release is between 15 and 30 minutes, in exceptional cases up to five working days. Within a few minutes, the document will be sent to your e-mail. It will have full legal effect, but in most cases it will still require a paper form for further real estate transactions.
Lost a contract for the sale of an apartment — how to restore
The sales contract confirms that you have legal title to real property, for example, if there is no proof of ownership, it will help you obtain or defend your interests in a contentious situation.
There are three ways in which the sales contract can be restored:
???? Go to the seller.He must have a second copy of the sales contract, which may be removed and notarized to be used as a full-fledged contract.
???? Go to Rosreister.It is possible to request a copy from the archives of a public authority and also to confirm it from a notary.
???? Go to the notary.If you have certified a sales contract, a copy of it will still be kept by the notary and request it from any employee of the notary office and check it out.
If you buy an apartment long ago, on the basis of oral agreement and without the participation of a notary, you can't re-establish the contract because it's actually not there, but if you bought a dwelling between 1996 and 1998 and before, you can go to the city's archive, you may have copies of the documents, but you can't be guaranteed a 100 per cent recovery.
Iflostcertificate of inheritance
What if you have lost your dwelling papers, you may need a certificate of inheritance in court disputes or in registration of property if you have not yet processed the papers.
In order to restore the certificate of inheritance, contact the notary who processed it; he must keep copies of the documents in the archives and issue them on application; provide a passport, documents for the inheritance property, an application; pay the services of the notary; the amount of payment may vary from region to region, at an average rate of between 1,000 and 50,000.
The timing of a duplicate certificate depends on the rules of procedure of a particular notary, but averages a few working days. When the notary finds the certificate, assures it and issues it to you, the duplicate will have full legal effect, and it will be available to Rostreest or the court as proof of ownership.
If you lose your social employment contract
The social employment contract is the basis for living in an apartment. It is issued if you rent property from the State and do not pay for it. It usually deals with citizens who fall into preferential categories, such as the poor, children who are left without parental care, and those who suffer from chronic illness and danger to others.
Two ways can be used to restore the social employment contract:
???? Go to the housing policy department of the local administration.You entered into a contract with them, so the municipality must keep a second copy of it in the archive.
???? Go to Rosreister.Living in an apartment under a social employment contract is registered in Rosreister, so the public authority must also keep it in its archives.
In both cases, you will need a Russian citizen ' s passport or other identity document, a statement and real property information; it will be useful to know her cadastral number, which is included in the technical documentation for the apartment.
If you have lost your cadastral passport
The Cadastral Passport is a document containing all the details of real estate: the whole apartment area, the cadastral value and many other information; it was previously issued by the BTI, the Bureau of Technical Inventory.
Today, it will not be possible to obtain a duplicate of the cadastral passport because it has been abolished, which is replaced by an extract from the EGRN, which contains all the important information about the real property, namely:
- - floor, area and destination;
- Exact address with access, housing, buildings, apartment numbers;
- The form of ownership, the FIO of each owner;
- The existence of encumbrances, restrictions on property rights;
- The inventory number;
- :: Inventory value;
- The plan.
In order to obtain the information that used to be contained in the cadastral passport, it is sufficient to obtain a standard extract from the EGRN. How do we do this, we have described above.
HowRefurbishment of the traveller ' s passport to the apartment
If a technical passport has not been passed by the party, restore it to the BTI, which contains basic information on real estate, it is necessary for the recording of objects.
- In order to restore the technical passport, contact the BTI locally or write an online application.
- the passport of a citizen of the Russian Federation certifying your identity;
- ♪ ♪ ♪ a declaration - it's filled out according to the established pattern;
- ???? housing documents - right-wing or legal, depending on what you have;
- ♪ ♪ the original receipt for the payment of the State duty ♪ ♪ it starts from 900 ♪ and is not prescribed by law ♪
The time of recovery depends on whether or not the transport manifests were received earlier. If so, the BTI staff may simply issue a duplicate, but this is rare. If not, or the housing parameters have changed, the BTI staff are not sure about the reliability of the information, the restoration will take about 30 days. During this period, an engineer will come to you to complete the necessary measurements and to inspect the accommodation.