Documents to Rosreestr for registration of an apartment purchase and sale agreement

Documents to Rosreestr for registering an apartment purchase and sale agreement are very important when re-registering property rights. So, in case of incomplete submission, you may receive a refusal to register in response. And then, you will have to spend extra time correcting the error and waiting.

Where and how to submit documents

To register a contract for the sale and purchase of residential space, the buyer must contact the registration chamber located at the location of the apartment. This appeal will also help the citizen obtain a document on the right to own the property.

You can submit documents for registration when purchasing real estate:

• using postal services,
• by personally appearing at a branch of Rosreestr, the Cadastral Chamber or the Multifunctional Center,
• send electronic versions of the documentation by a notary (with mandatory notarization of the originals),
• by calling a representative of the authority to your residential address.

Sending documentation by mail is usually used by persons who live far from the location of the authority, in remote areas of the city or in neighboring settlements. Therefore, sometimes this option of transferring securities is the only possible way to register a transaction.

When collecting and preparing to send the package, you need to collect all the necessary signatures:

• from the parties to the transaction and the applicant,
• from a notary.

Papers must be sent by registered mail with a mandatory description of the attachment. It is also necessary to receive notification of delivery at the delivery point. A citizen is allowed to use not only Russian Post, but also other delivery services.

Important! Personal appeal to the Registration Chamber when selling an apartment is one of the popular options for transferring documentation. On the authority’s website you can always find out its operating hours and the nearest branch. You can make an appointment through the website, and if you have any questions, you can call the hotline, which is free.

In situations where a citizen lives far from the city in which he purchased an apartment, but does not want to use postal services, he can always appoint a proxy.

Be sure to issue a power of attorney, which must be certified by a notary.

People with disabilities can use this method of transferring papers, such as an employee visiting their home. If for some reason they do not want to issue a power of attorney for another person, then the courier will come to their home and pick up a package of documentation.

Courier services are used by home buyers who do not have free time to appear in person at the registration office. The price of a home visit is 500-1500 rubles. To find out the specific amount in your case, you need to call Rosreestr or look up the information on the website.

One of the main advantages of submitting the necessary documents through a notary is the speed of issuing the certificate; this occurs the next day after signing the application. Also an undoubted advantage is the verification and certification of the authenticity of documents in a notary office.

General and additional documentation package

What documents are needed to register a real estate purchase and sale transaction? The general package of papers includes:

• documents that serve as identification of the applicant,
• written application (the form can be obtained from the authority),
• real estate purchase and sale agreement,
• papers for the right to own housing,
• paper for the object,
• a certificate stating that there is no debt for utility services,
• a receipt proving payment of the state fee,
• an extract about citizens who are registered in the residential area,
• transfer act (must be signed by the parties).

If documents are transferred by an authorized person, it is necessary to provide a notarized power of attorney.

When the purchase and sale was carried out not between two citizens, but between the developer and the shareholder, that is, the apartment was purchased in a new building, then the following will be necessary:

• identification document of the applicant,
• application requesting to register the transaction,
• an agreement indicating participation in shared construction,
• papers confirming payment of the duty established by the state,
• act of acceptance and transfer of housing,
• apartment plan.

Photocopies are always included with the originals. The purchase and sale agreement must be in triplicate. One remains in Rosreestr, and the other two are with the parties to the transaction.

To register a transaction, additional documents are sometimes required. Additional documents to Rosreestr for registration of an apartment purchase and sale agreement include:

1. Permission from the guardianship and trusteeship authorities - if a child under 14 years of age lives there.
2. Consent of the legal representative, certified by a notary when the role of the seller or buyer is a child from 14 to 18 years old or an incapacitated person.
3. Approval of the spouse, expressed in writing - if the seller has an officially registered marriage, and the housing is classified as common property. An agreement on the division of common property or a marriage contract, which indicates the transfer of all rights to one person, may also be suitable. Consent is not required if the property was acquired by inheritance or gift.
4. Mortgagee's permission - if the apartment is pledged. It must be certified by a notary.
5. Refusal of the right to purchase - in cases where there are citizens who have a preferential right to purchase a given residential premises. They can be co-owners of the apartment, roommates, etc. Written approval is not necessary if the agreement that forms the basis of the transaction stipulates the consent of the persons having the preemptive right.

You can always find out which documents require certification at a notary office by contacting the Rosreestr authority. It is better to find out about this in advance and immediately prepare the package correctly than to refine the shortcomings later.

Errors during collection

What to do if the necessary documents are collected incorrectly, one of them is missing or they are in the wrong form? In this case, the registration procedure stops for a while, since the authorities register the transaction only if everything is in order with the documentation.

Possible mistakes:

• the apartment address is incorrectly indicated,
• information about the area of ​​housing does not correspond to reality,
• There are errors when filling out basic data in the full names of the parties, etc.

The Rosreestr employee is obliged to inform the applicant that he needs to redo something in his package of documents and that registration has been stopped for now. He is given no more than one month to correct the shortcomings. The registration procedure can be extended by written application, no more than three times.

When correcting an error in a document, you should also pay attention to the consistency of the information specified in the purchase and sale agreement and the information included in the documents for the apartment. They must be identical; if inconsistencies are identified during re-checking, the package will have to be redone one more time.

You should also pay attention to the fact that some papers taken from various authorities have their own validity period. For example, an extract from a house register has a short validity period. Therefore, when preparing documents, it should be taken last.

Buying and selling an apartment is a serious legal transaction, since the sums for apartments can be very large. Collecting papers to register a purchase and sale transaction is one of the important stages in the transfer of ownership of housing. If you have any questions, you can seek advice from a Rosreestr employee or the MFC.

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List of documents required for state registration of ownership of an apartment

The final stage of the apartment purchase and sale transaction is the registration of the transfer of ownership of housing in Rosreestr.

It is from this moment that the property has a new owner, whose rights are documented by a certificate of ownership.

At what stage of real estate transactions is it necessary to contact Rosreestr?

If we talk about real estate transactions, then most often this means the procedure of alienation (transfer) of rights from one person to another as a result of exchange, gift or sale.

The transaction takes place in two stages:

1. Drawing up and signing a contract. As a rule, this document is drawn up by a notary and certified by him. But such a procedure is not mandatory: the parties may well draw up an agreement on their own. Compliance with the requirements for its execution - written form, availability of details, essential conditions and signatures of the parties - gives the document legal force.
2. Then the agreement is registered in Rosreestr. The parties to the agreement are given a registered agreement and a certificate of ownership.

• The duty of Rosreestr employees is to enter information about the apartment and its new owner into the Unified State Register - a database of all Russian real estate.
• Law No. 122-FZ establishes mandatory registration of housing information in the Rosreestr in the case of:
• The certificate is not issued immediately. The following deadlines for processing documents have been established:

• registration of a written purchase and sale agreement not certified by a notary – 10 days;
• agreement on shared participation in the construction of an apartment building – 10 (5) days;
• registration of a notarial purchase and sale agreement – ​​maximum 3 days;
• in case of registration for a mortgage – 5 days.

Basic package of documents

When applying to Rosreestr to register ownership of an apartment, you will need the following package of documents:

Copies will also need to be attached to the documents . The agreement must be provided in three copies, since one will remain in Rosreestr (attached to the registration file), the second - with the parties to the transaction.

The application form can be obtained from Rosreestr employees.

Documents for registration of an apartment purchase and sale agreement are submitted in person or by post with an inventory.

Additional documents and the procedure for obtaining them

Additional documents include the following:

1. The written consent of the second spouse will be required if the seller is married and the apartment is joint marital property. In addition, confirmation may be an agreement on the division of property acquired during marriage, a prenuptial agreement, or another document that confirms the sole ownership of the seller’s home.
2. Permission from the state guardianship authority if a child under 14 years old lives in the apartment.
3. If the seller or buyer is a citizen 14–18 years old, the written and notarized consent of a guardian or parent will be required (Article 292 of the Civil Code). This rule also applies to incapacitated persons (or limited in capacity) of any age.
4. If the premises being sold are mortgaged, a written permission from the mortgagee (usually a bank) may be useful. This document is also certified by a notary.
5. Refusal in writing of the pre-emptive right to purchase an apartment. Notarized. The refusal is made by: co-owners of the premises, neighbors who own rooms in the apartment.
6. An extract from the house register confirming that at the time of sale no one was registered in the apartment.

The consent of the spouse is not necessary in cases where the property was received by an heir, purchased by the seller before the marriage, received as a result of privatization, or acquired by gift.

Waiver of the preemptive right is not necessary if:

• the consent of the co-owners is stated in the purchase and sale agreement itself;
• the area of ​​the neighbors is municipal (not always).

If the submitted list of documents for ownership of the apartment is incomplete or errors and inconsistencies are found in them, registration is suspended .

• discrepancy between the area of ​​the apartment;
• wrong address;
• errors in the surname or name of the owner;
• expiration of documents and so on.

In this case, the applicant is notified by a Rosreestr employee about the suspension of registration. A period of 30 days is allocated for eliminating errors .

Registration cannot be renewed more than three times. Registration renewal is carried out upon application. If errors are not corrected, the applicant receives a refusal.

Most often, owners do not have a cadastral passport on hand. It must be registered at the BTI at the location of the apartment. It will not be needed at all if the apartment is already included in the Unified State Register: sold, given as a gift. Information from the cadastral passport is entered into the database once and stored there forever.

It is worth paying special attention to the technical descriptions of the premises in two documents: the contract and the cadastral passport. It is this discrepancy that may cause registration refusal.

An extract from the house register in form 9 has a short validity period. Therefore, you should not take it several months before registering property rights.

a certificate of absence of utility debts is also required . Such a certificate is issued by the management company and also has a validity period. If one of the parties to the transaction is an organization, the statutory documents of the legal entity are submitted to Rosreestr.

Video: Documents for drawing up a purchase and sale agreement

1. The video contains a complete list of necessary documents for concluding a contract for the purchase and sale of real estate in Russia.

2. It describes what requirements Rosreestr imposes on the documents necessary to register the transfer of ownership of an apartment and other real estate.

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Registration of an apartment purchase and sale agreement in the Russian Register: deadlines for registering real estate, documents, MFC

The rights of the new property owner after registration of the deed must be registered in the Unified State Register of Real Estate. Let's look at the procedure and deadline for registering a purchase and sale agreement for an apartment or house in Rosreestr, as well as the MFC (“My Documents”).

Why registration is needed

All transactions with real estate are subject to mandatory registration. According to the Civil Code of the Russian Federation, the transfer of ownership rights occurs only after this procedure has been completed, although the purchase and sale agreement is signed and comes into force much earlier. Registration in the register is required regardless of whether the transaction was executed by a notary or without his participation.

The USRN contains information:

• about the property itself (address, number, area, technical description);
• about the cadastral number of the object;
• about the new and old owners (personal data, date of registration of rights);
• about encumbrances on real estate (pledge, arrest, etc.).

Registration is necessary to identify the owner and minimize risks when buying and selling housing. The register reflects the entire history of the property, which also helps buyers in their choice, and banks in checking the legal purity of the transaction.

An extract from the Unified State Register of Real Estate is the main confirmation of ownership of the object. The same document is required to determine the absence of encumbrances on the property.

The procedure for registering real estate in Rosreestr

You can register an apartment in Rosreestr in person at the request of the owner after completing the transaction. This can also be done by mail (to the territorial department of Rosreestr or a branch of the Federal Cadastral Chamber) or by contacting the MFC.

In addition, you can submit an application and documents online - through the official website www.rosreestr.ru. In your personal account, you can submit a single application: for registration of rights and for cadastral registration. To register an apartment purchase and sale transaction online, you need to submit an application signed with an electronic digital signature.

The procedure is quite simple: after submitting a package of documents, you need to wait until they are verified by officials. Even if the apartment was purchased in another city, you can submit an application in the place where you live (according to the extraterritorial principle).

IMPORTANT! The deadline for transferring money for an apartment is usually tied to the registration deadline; most payments occur the next day or within a week.

If a secondary property is purchased, then ownership rights are registered, but if a DDU was issued, only the rights of claim to the apartment are registered. Rights to other real estate, in particular a parking space or land plot, can also be registered in Rossreestr.

The price of the service is ownership rights - 2000 rubles. This amount must be paid as a state fee. Cadastral registration is free of charge.

Deadlines for registration in Rosreestr

The deadlines for registering objects are provided for by Law No. 218-FZ “On State Registration of Real Estate”. Usually they are no more than 7 days . The simultaneous procedure for cadastral registration and registration of rights is carried out within 10 days. If an apartment is registered in another city, this does not affect the deadlines.

Shorter terms are possible in the following cases:

• submission of a notarized contract - up to 3 days;
• transfer of a court decision with a requirement to register rights - up to 5 days;
• including via the Internet - up to 1 day.

Delays in the registration of a purchase and sale agreement are possible if there is a discrepancy between the data in the extract from the register that they received and the title documents in hand, or if not all documents have been submitted. In this case, the procedure can be paused, and after errors are eliminated, it can be started again.

How many days registration will last also depends on the queue at Rosreestr itself. If there are a lot of people wishing to apply, this may also affect the timing of the procedure. When sending an application through the Rosreestr website, ready-made documents can be received at the postal address or at the document collection and delivery point of the Branch of the Cadastral Chamber.

How to track your results

Registration of a transaction can be tracked by the agreement number on the Rosreestr website. Tracking occurs in the “Services - Request Execution Check” section. Verification is possible after specifying the application number. The column will display information about what stage the procedure is currently at. You can also call your territorial office or MFC and clarify all the necessary information.

What to do if refused?

Registration may be refused if the documents have not been submitted in full, the state duty has not been paid, or other violations have been committed (an attempt to sell the pledged property without the permission of the pledgor, etc.).

The legality of the transaction, the seller’s rights to the property, and much more may raise doubts. If all deadlines have passed and a written refusal has been received, you can appeal it in court.

It only makes sense to do this if the officials made a mistake.

The claim must be filed within 3 months after the refusal is issued. If the case is won, then the registration of rights to real estate will occur within 5 days from the date of receipt of the judicial act in Rosreestr.

If there is a deficiency on the part of the applicant, then it is better to eliminate it and resubmit the application. This will delay the procedure, but there is no other option. The applicant may himself withdraw his request for a temporary suspension of the procedure for a period of no more than six months.

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Cost of registering ownership of real estate

Let's look at how much the fee for registering ownership of real estate is and explain the process of registering ownership.

After all, after the parties have signed the agreement, it is time to register the transfer of ownership.

Changes in the law

Not everyone knows that changes have been made to the legislation, and now certificates of ownership are no longer issued. These documents were replaced by an extract from the Unified State Register. The register records information relating to real estate.

For those who still have old evidence, there is no need to worry. Old documents that confirm ownership do not lose legal force. Real estate accounting, as before, is carried out by specialists from the territorial divisions of Rosreestr.

Methods for submitting documents

You can determine how it is more convenient for you to submit documents. You can contact the Rosereestr in person or through multifunctional public service centers. If it is more convenient for you to submit documents via the Internet, use the website gosuslugi.ru.

To apply through the site, you will need an analogue of a regular signature. It is an electronic digital signature. Applicants who apply through the site are given the opportunity to save.

A reduction factor is set for everyone who applies through the site. In other cases, the payment to the budget is two thousand rubles. The size was determined by subclause 22, clause 1 of Article 333.33 of the Tax Code.

Documents for state registration can also be sent by post. Send a valuable notification email.

It is not necessary to submit a payment receipt. But we recommend attaching proof of payment. Rosreestr specialists may refuse to accept documents if there is no information about payment of the state fee for registration of rights. The receipt is valid proof of payment.

A duty to the budget is paid for any actions that relate to real estate: purchase, sale, receipt as a gift or inheritance. When purchasing real estate, the responsibility to make a payment to the budget rests with the buyer. A mandatory payment must also be made when purchasing any objects connected to a plot of land.

Exemption from payment to the budget

Are there exceptions when you don’t have to pay to register a contract? There are such cases. Low-income citizens are exempt from mandatory payments. Social protection specialists issue a conclusion on recognition as a low-income citizen.

To be exempt from payment, you must provide proof of benefits. Property owners do not pay a fee if their application to Rosreestr is not caused by their desire, but by significant changes in legislation.

Costs for registering a sales contract and other real estate transactions:

• two thousand is the payment for registration of ownership;
• the payment increases to twenty-two thousand if the rights are registered by a legal entity;
• two hundred rubles are paid for registering ownership of a share in the property;
• three hundred fifty rubles is the amount of payment for registering ownership of land intended for farming;
• one hundred rubles must be paid to confirm the right to a share in the common ownership of a plot of land;
• twenty-two thousand costs for registration of rights to property as part of mutual investment funds;
• It costs three hundred and fifty rubles to register an agreement for participation in shared construction. Registration of changes to the contract will cost the same amount;
• you don't have to pay a fee if you take out a mortgage to buy a home. If you buy real estate using your own home as security, a fee of two thousand is paid;
• three hundred and fifty rubles is paid by the seller of the apartment if he received a new passport or changed his last name.

The fee for registering ownership is not the only cost. If you contact a notary's office, you need to pay for the notary's services. There are cases when you cannot do without a notary. For example, transactions with shares in an apartment must be certified by a notary office.

How much does it cost to contact a notary?

The cost of notary services affects the interests of both parties to the transaction. Prices for notary services vary in different cities.

4 facts about notary fees:

1. Payment to the budget. The amount is regulated by the Tax Code. You need to pay 0.5 percent of the price of the subject of the transaction. Three hundred rubles is the minimum amount. Twenty thousand is the maximum payment amount.
2. If the price is not specified in the contract, the cadastral value is used for calculations.
3. Price of technical work and legal services. In Moscow, you will have to pay about eight thousand rubles for technical and legal services.
4. Five thousand rubles is the fee for applying electronically.

2 reasons to contact a notary in electronic form:

1. Convenience. You won't have to waste time standing in queues.
2. Efficiency. The answer is provided within one day.

The amount of payments for confirmation of rights to real estate was determined by the Tax Code in Article 333.24. Fifty percent of the fee is paid by citizens who have been diagnosed with the first and second disability groups.

6 tips on how to file a transaction registration fee

1. Divide payments equally if there are several buyers.
2. Provide a separate document confirming payment if several people buy shares in the acquisition of real estate.
3. Include in the power of attorney the authority to pay the fee if the payment is made by a representative.
4. Do not make mistakes in personal data. Annoying errors can cause a payment to be rejected.
5. One spouse has the right to make the payment if an apartment or other real estate is purchased in joint ownership.
6. Make a payment on behalf of an adult if a child is involved in the transaction. When a payment is made on behalf of a child who is fourteen years old, it is better to make the payment using his passport.

Calculation example. The apartment is purchased in equal shares by two buyers. The fee is divided equally between them. Each purchaser pays a budget of one thousand rubles.

Important! When purchasing a country house and land plot, payment is made for each object. For registration of land rights you need to pay three hundred and fifty rubles. Registration of rights to a house will cost two thousand.

The parties can discuss in the agreement which of them makes the payment to the budget. But the document confirming payment must come from the buyer. The parties to the transaction negotiate among themselves how costs will be reimbursed.

Important changes in confirming real estate rights

Previously, the owner presented a certificate of ownership and thereby confirmed his rights. The evidence remains valid. But new certificates are no longer issued. Ownership rights are confirmed by an extract from the Unified State Register.

The fee for a paper document will be seven hundred and fifty rubles. For an electronic statement you need to pay three hundred rubles. The document is prepared within three working days.

5 features of buying and selling real estate in 2017:

1. A written agreement is a prerequisite for completing a sale.
2. To make a secure transaction, you need to enter into a preliminary agreement. The details of the agreement will be specified in this document. In the letter of intent, we recommend specifying the deadline for signing the main agreement.
3. The seller provides evidence of the legal basis of ownership.
4. Approval for the transaction from the second spouse must be obtained and certified through a notary.
5. The approval of guardianship specialists must be obtained if the transaction affects the interests of minors.

Conclusion

The cost of registering ownership rights depends on whether you prepare the documents yourself or contact a notary. You can draw up a regular contract yourself. But the participation of a notary provides security during the transaction for both parties.

In the case of registration of rights to a share in property, certification of the agreement through a notary is a mandatory condition for the transaction. In addition, when alienating real estate by spouses, written approval from the spouse is required. Certification of the document is paid at the notary office.

Source

Registration of an apartment purchase and sale agreement in Rosreestr

Rights to residential premises, land plots and utility structures are subject to registration. The formation of a unified federal database by Rosreestr prevents fraud in the real estate market. Each apartment purchase and sale agreement is reflected in the information bank. The state system also ensures the entry of records of encumbrances and records other information about objects.

General rules of purchase and sale

The procedure for concluding real estate transactions is fixed in Articles 549 – 558 of the Civil Code of the Russian Federation. All transactions with apartments must comply with them. Civil legislation establishes requirements for the form of agreements, price, and describes key procedural aspects. The specialists of our notary office analyzed the practice of selling residential premises and highlighted the most important points:

Requirements	Short description	Expert commentary
Maintaining Form	Only written sales and purchase agreements have legal force. This is a specific feature of real estate transactions. Moreover, the legislator associates the emergence of rights to objects with registration. Until the entry is made in the Unified State Register, the buyer cannot be considered the owner.	There is no provision in the law for notarization of a transaction. However, the service remains popular. Involving a notary in the procedure eliminates the issue of interaction with. Rosreestrom. The buyer and seller do not have to appear at the registration hall or go to the multifunctional center. The notary will send all documents electronically. The information will be entered into the Rosreestr database as soon as possible
Legality of disposal of the apartment	The right to sell real estate is granted by law only to owners. The deal can be signed by representatives, but they will act in the interests of another person. In this case, the contract will need to indicate the details of a power of attorney or other document confirming authority. Evidence that property belongs to a specific owner are agreements on donation, exchange, and privatization. Often apartments are part of an inheritance. Newly commissioned houses are registered on the basis of a construction permit and a technical inventory passport. If the building or site is under a mortgage, the mortgagee must approve the transaction. The property of incapacitated citizens is alienated with the consent of the guardianship authorities. An obstacle to registration of a purchase and sale agreement is an arrest or other prohibition on disposal. Information about encumbrances is reflected in the Unified State Register of Real Estate.	The federal register appeared in Russia only in 1997. The requirement to have an entry in the Unified State Register of Real Estate applies to objects acquired after the entry into force of Law 122-FZ. At the same time, the rights of the owners can be confirmed by old-style certificates or extracts. Before the formation of a single database, apartments were transferred in the form of written agreements. The registration was carried out by BTI specialists. Notarial transactions also became widespread during this period. The variety of legal documents gives rise to legal risks. The owner's right may not be listed in Rosreestr. The grounds for purchasing real estate are easy to fake. Cases of purchasing residential premises from scammers still occur in practice. Contacting a notary guarantees security and protects against challenges to the sale and purchase.
Reflection of all essential conditions in the contract	The main attention should be paid to the description of the apartments. The text must indicate the inventory (cadastral) number of the property, address, area, number of floors and other parameters. When alienating detached houses (cottages), it is necessary to transfer the rights to the land. The corresponding requirement is enshrined in Art. 552 of the Civil Code of the Russian Federation. Price is recognized as an essential condition. The exact figure must be indicated in the apartment purchase and sale agreement.	The law does not impose strict requirements on the content of the agreement. The traditional version includes a preamble, a description of the apartment, a section on the cost and procedure for transferring the object, as well as additional aspects. When alienating residential premises, the purchase and sale agreement stipulates a condition on the termination of use rights. The seller is obliged to ensure that all people living in the apartment are deregistered. If they cannot be written out, the list of such persons is considered an essential condition and must be included in the agreement. The inability to evict tenants is not an obstacle to concluding a transaction. However, subsequently the buyer will have to resolve the issue independently.

Procedure for registering purchase and sale agreements

The procedure for registering real estate is regulated by Law 218-FZ of July 13, 2015. After the sale of the apartment, the former and new owners are required to contact the territorial office of Rosreestr with an application, as well as submit an agreement and appendices to it.

Article 10 of Law 218-FZ divides the documents required for registration into three groups:

• agreement between the seller and the buyer;
• confirmation of authority to complete a transaction;
• certificates, acts and other applications provided for by the legislation on registration of rights to real estate.

Since a fee is charged for making an entry in the Unified State Register, Rosreestr will require a receipt. The amount of mandatory payment is determined based on Art. 333.33 Tax Code of the Russian Federation.

You can submit documents in traditional paper or electronic format. Applications are accepted at multifunctional centers and territorial divisions of Rosreestr.

Sending applications, contracts and applications for registration is permitted by a valuable letter. It is proposed to transfer them digitally through the government services portal or a notary who certified the agreement.

In the second case, participants will not even need a qualified electronic signature.

Note! One copy of the agreement remains in the registry file. Agreements for the purchase of real estate must be drawn up in at least 2 copies.

The deadline for registering contracts is established by Art. 16 of Law 218-FZ. 7 days are allotted for consideration of the purchase and sale transaction. The period is counted from the moment the documents are received. For notarized agreements, the time is reduced to 5 business days. If such agreements are sent electronically, registration will take only 3 days.

If Rosreestr identifies shortcomings, the procedure is suspended for 3 months. Article 26 of Law 218-FZ provides 60 reasons for making such a decision. Most often, the problem arises when drawing up purchase and sale agreements on your own.

Verification of compliance with all conditions is included in the cost of the service.

Rosreestr refusal: what applicants should do

An application for transfer of rights to an apartment may be rejected if the reasons specified in the decision to suspend the procedure have not been eliminated (Article 27 of Law 218-FZ). If they disagree with the conclusions of the government body, applicants have the right to go to court. It is necessary to challenge the refusal of registration through administrative proceedings (CAS RF).

If the parties to the disputed purchase and sale agreement are individuals, the claim is filed in a court of general jurisdiction. In case of unsuccessful purchase of apartments by organizations, the case is considered by state arbitration courts. A feature of such proceedings is the need to involve a certified lawyer. Persons without special education cannot defend the interests of clients.

Judicial practice on appealing refusals is quite extensive. Often, disputes reach the Supreme Court of the Russian Federation (definition No. 307-KG18-15763 of December 13, 2018). However, only a few manage to achieve success.

The most pressing issues of registering rights to a house, room, apartment are explained by the servants of Themis. Rosreestr employees strictly follow them. It will not be easy to achieve recognition that you are right. If the claim is satisfied, the purchase and sale agreement will be registered.

Applicants will be able to insist on compensation for damage caused by unlawful actions of officials.

Registration of rights to residential properties is a responsible and multi-stage procedure. Contacting a notary office will protect participants from acquiring “problem” real estate and will facilitate the process of entering information into the Unified State Register of Real Estate.

What documents need to be submitted to Rosreestr along with the contract to register the sale and purchase of an apartment?

As of February 2018, agreements that regulate transactions in relation to real estate: residential premises, apartments or parts thereof do not require registration.

However, the transfer of ownership rights to real estate requires mandatory registration with the Rosreestr services, where citizens submit all the necessary documents in accordance with Articles 551 and 558 of the Civil Code of the Russian Federation.

To solve your problem RIGHT NOW get a free LEGAL consultation: +7 (499) 504-88-91 Moscow

List of documents that need to be submitted to the registration chamber

Agreement

The contract must contain information:

1. purpose and cost of the area being sold;
2. name of the property;
3. footage of the premises in accordance with the documentation;
4. the address of the location of a residential property on a designated parcel of land or in a complex of a number of residential properties.

A distinctive feature of the real estate purchase and sale agreement is the fact that it should indicate all persons registered in the apartment, since they have the right to use this living space.

The DCP is signed by the counterparties in ordinary writing and does not require certification by a notary . In this matter, exceptions are provided in Part 1 of Article 42, Part 2 of Art. 54 Federal Law No. 218:

• transactions for the removal of an apartment owned by a minor or a citizen with limited legal capacity;
• transactions for the alienation of shares in common ownership of an apartment, including cases of alienation by all participants in shared ownership of their shares under one transaction.

Art. 54 Federal Law No. 218. Features of state registration of rights in trust management and guardianship related to real estate

1. Any rights to real estate related to the disposal of this property under the terms of trust management or guardianship must be registered only on the basis of documents defining these relations, including on the basis of acts of state bodies, local government bodies, contracts or court decisions.
2. Transactions related to the disposal of real estate under guardianship conditions, as well as transactions for the alienation of real estate belonging to a minor citizen or a citizen recognized as having limited legal capacity, are subject to notarization.

For services provided by notarial authorities in relation to real estate transactions, citizens pay a state fee (notary fee), the amount of which is fixed depending on the price of the property (clause 5, clause 1, article 333.24, paragraph 2, clause 5, clause 1, art. 333.25 of the Tax Code of the Russian Federation; Article 22 of the Fundamentals of the Legislation of the Russian Federation on notaries; Letter of the Federal Tax Service of January 26, 2016 N 168/03-16-3).

When submitting an application for registration to the Rosreestr authorities, representatives of counterparties also provide a notarized power of attorney.

Unified housing document and extract from the house register

This type of paper is issued to the applicant by the Unified Information and Settlement Center free of charge on the day of filing the application. The document is issued if :

1. statements;
2. identification document;
3. as well as SNILS.

Certificate of absence of debt on utility bills and a copy of the financial personal account

To obtain a certificate of no debt for housing and communal services, you must present paid receipts for the use of utility services during the last month to the Repair and Operations Department and apply to receive a copy of the financial statements. personal account.

Notarial consent of the spouse

The consent of the spouse is assumed when real estate (or a share thereof) was acquired during marriage and represents joint residential property. To sell an apartment received during marriage on a free basis (inheritance, donation, privatization), the consent of the spouse is not required. The spouse's consent is certified by a notary for a fee .

Decision of the guardianship authorities

In cases where minors are registered in the apartment or are the owners of the property, it is important to obtain consent from the guardianship and trusteeship authorities. A response to the decision made is provided no later than 30 days from the date of the request.

Extract from the Unified State Register of Real Estate

An extract from the Unified State Register of Taxpayers, containing information about the absence of arrests and other encumbrances, is issued at the branch of Rosreestr, the Federal Cadastral Chamber of Rosreestr, or at the MFC within a period of time, no more than 3 business days from the date of receipt of the request.

When a transaction is notarized, the extract is issued to the notary in electronic form on a computer and no later than the next business day after the day the corresponding request was sent.

The request is issued according to:

An extract from the Unified State Register helps ensure before purchasing that the property is still registered in the name of the selling party and has no encumbrances.

Certificate from a psychoneurological and drug addiction clinic

A certificate from a narcological and psychoneurological dispensary is a document from a narcological and psychoneurological dispensary, respectively, issued at the place of residence and confirming that you are not registered with these institutions. These certificates prove the adequacy and capacity of the selling party. Most often, a certificate from a dispensary is needed when making a mortgage transaction .

Having a driver's license can replace the certificates listed above. Certificates from dispensaries are issued on a paid basis.

Cases of collecting an incomplete package of papers required for a transaction

The purity and legality of the transaction is checked, both based on real estate documents and the words of the seller or realtor, and with the help of Rosreestr and the Bureau of Technical Inventory. It is required to very carefully evaluate the correctness of all paperwork . Particular attention should be paid to cases in which:

• the number of owners of real estate includes minors, incompetents, convicted and serving sentences in prison, missing persons;
• the apartment acts as collateral or has been seized;
• the apartment was purchased using maternity capital funds;
• the apartment has been remodeled (it is important that the procedure is legalized);
• the apartment is not listed as shared ownership, but as joint ownership;
• the apartment has been inherited (previously unknown heirs may appear and conflict situations may arise).

Methods of submission to Rosreestr

The application and the required package of documentation are submitted to the registry services in one of the following ways in accordance with Article 18 of Federal Law No. 218, paragraph 2 of Procedure No. 883, approved by order of the Ministry of Economic Development of the Russian Federation dated November 26, 2015.

1. Personal appearance . Citizens participating in registration come directly to the Rosreestr branch or draw up an agreement at the MFC branch (regardless of the location of the property in accordance with the list of departments providing reception services in accordance with the principle noted on the Rosreestr website).
2. Send by mail . Citizens send documents to Rosreestr by postal delivery services with a declaration of the value of the contents, an inventory of the contents and a notification of receipt by the addressee.
3. Send via Internet . Citizens submit documents to registration authorities electronically via the Internet, using the official portal of Rosreestr.
4. Field service. Federal Law No. 218 “On State Registration of Real Estate” provides for the possibility of Rosreestr employees visiting applicants for the purpose of receiving and delivering documents. As of February 2018, due to the complexities of government regulation, this type of service is offered only free of charge for certain categories of citizens:
   • veterans and disabled people of the Great Patriotic War;
   • disabled people of groups I and II.

The application for registration of state rights in Rosreestr has a prescribed form.

Obtaining a certificate

The period of registration of property rights in accordance with Part 1 of Art. 16 Federal Law No. 218 does not exceed :

• 7 working days from the date of receipt of the application and required documents by Rosreestr (3 working days for documents certified by a notary);
• 9 working days from the date of submission of the application and required papers to the MFC (5 working days for documents certified by a notary);
• 1 business day following the day of submission of the application and documents based on a notarized transaction, in electronic form.