New Law on State Registration of Real Estate: What Has Changed? New procedure and rules for registering real estate.

02/09/2015

On January 1, 2017, the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Law) comes into force, with the exception of certain provisions for which other terms are provided. Cadastral registration of real estate and state registration of rights to it will be combined into a single system of accounting and registration. The material presents the main changes in the Law under consideration in comparison with the current Law on the Real Estate Cadastre and the Law on Registration of Rights to Real Estate. The new Law does not contain provisions on repealing the said laws or amending them. We believe that this issue will be resolved additionally before the entry into force of the Law.

1. A new real estate registry will appear

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

The USRN will include, in particular, a register of real estate objects (real estate cadastre), a register of rights, their restrictions and encumbrances on real estate (real estate rights register), as well as a register of borders. Information about the boundaries today is contained in the real estate cadastre.

The EGRN will be conducted in in electronic format. Registry cases will be an exception. They will store paper-based applications executed in simple written form and submitted in paper form, as well as documents, the originals of which are not available in other state authorities, local governments and archives.

Currently, the real estate cadastre and the USRR are maintained in electronic and paper formats, with the latter having priority.

2. Clarified real estate objects that are subject to cadastral registration and the rights to which are registered

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

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

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

— completion of the construction of real estate objects, the design documentation of which provides for their operation as such a complex;

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

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

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

3. Rosreestr will take into account real estate and conduct state registration of rights to it

According to the new Law, only Rosreestr and its territorial bodies (hereinafter collectively - Rosreestr) should conduct cadastral registration of real estate and register rights to it. These powers cannot be delegated to subordinate institutions. Currently, state registration of rights to real estate and transactions with it is carried out by Rosreestr, and cadastral registration is carried out by the Cadastral Chamber for the subjects of the Russian Federation subordinate to it.

4. Cadastral registration of objects and state registration of rights will be carried out both simultaneously and separately

4.1. When accounting and state registration are carried out simultaneously

As now, register the rights to real estate according to general rule will not be possible if they are not included in the real estate cadastre.

According to the new Law, if there is no information about the property in the USRN, its registration in the cadastre and state registration of rights will be carried out simultaneously. Exceptions will be situations when cadastral registration can be carried out without simultaneous state registration and vice versa. Currently, the simultaneous implementation of accounting and state registration is not provided.

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

– creation of a real estate object (with the exception of situations where cadastral registration can be carried out without simultaneous state registration of rights);

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

– termination of the existence of a real estate object, the rights to which are registered in the USRN;

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

4.2. When accounting and state registration are carried out separately

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

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

— creation of a real estate object on the basis of a permit to put a capital construction object into operation, which is submitted by a state authority, local government or the Rosatom corporation in the manner interagency cooperation;

- termination of the existence of an object, the rights to which are not registered in the USRN;

— change in the main characteristics of the object.

5. Changed the rules for applying for cadastral registration of real estate and state registration of rights

The new Law establishes a list of persons, according to whose applications real estate objects will be taken into account and rights to them will be registered. Who exactly can submit documents depends on how accounting and state registration are carried out - simultaneously or separately.

Thus, according to the provisions of the Law, an application for a created (i.e. built) real estate object can submit:

- the owner or other right holder of the land plot on which such a property is located - with the simultaneous implementation of accounting and state registration;

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

Currently, any person can apply for registration of such a property.

An application for cadastral registration or state registration and the necessary documents, as now, can be submitted:

- in paper form - in person (to Rosreestr, through the MFC, at an on-site reception) or by mail (to Rosreestr);

- in the form of electronic documents - through a single portal of public services or the official website of Rosreestr.

The novelty of the Law is that in case of personal appeal (except for cases of on-site reception), the place of submission of the application and documents will not depend on the location of the property. In other words, you can apply (send documents by mail) to any division of Rosreestr or submit documents in person through any MFC. The list of these departments and the MFC will be given on the Rosreestr website.

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

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

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

To date, a legal entity is required to submit the constituent documents of the organization (their copies) during the state registration of rights. Their submission is not required only if they were submitted earlier and no changes were made to them.

5.2. Installed the only case refusal to accept documents

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

Refusal to accept documents in the current Law on the real estate cadastre is not provided, and in accordance with the Law on state registration of rights to real estate is prohibited.

5.3. Clarified cases in which documents are returned without consideration

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

- non-compliance of the format of the application and documents submitted in electronic form with the established format;

- the presence in the application and documents that are presented in paper form of erasures, additions, strikethroughs and other unspecified corrections, including those made in pencil, as well as the presence of damage that does not allow unambiguous interpretation of their content;

- the absence of the applicant's signature in the application for cadastral registration of the object or state registration of rights.

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

- if in the State information system on state and municipal payments, there is no information on the payment of the state duty and no document confirming its payment has been submitted;

— there is a record in the USRR about the impossibility of registering a transfer, restriction of rights and encumbrance of real estate without the personal participation of the owner or his legal representative.

The specified grounds are included in the new Law, while the period for the absence of information on the payment of state duty is specified - five days from the date of application.

6. Reduced the total period of cadastral registration and state registration of rights

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

When submitting documents to Rosreestr, it will be:

– 5 working days – for cadastral registration;

— 10 working days — in case of simultaneous accounting and state registration;

- 7 working days - for state registration of rights.

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

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

6.1. How long will it take to register a mortgage?

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

Therefore, state registration of mortgage land plots, buildings, structures, non-residential premises will be carried out within the total period (7 working days) subject to the submission of documents to Rosreestr. However, it will be reduced to five business days if state registration is carried out on the basis of a notarized mortgage agreement or a notarized agreement that entails the emergence of a mortgage by virtue of law (for example, a contract for the sale of real estate at the expense of bank credit funds).

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

7. The grounds for the suspension of cadastral registration and state registration by the decision of the state registrar have been clarified

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

According to current law on the state registration of rights to real estate, the reasons for the suspension, in particular, are the state registrar's doubts about the existence of grounds for state registration of rights, the authenticity of documents or the reliability of the information provided in them.

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

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

7.1. The terms for which registration and state registration are suspended

The new Law established longer terms for suspension of state registration. The term for the suspension of cadastral registration has not changed. At the same time, a period for its suspension in the declarative procedure is provided.

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

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

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

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

8. Certificate of state registration of the right will not be issued

According to the new Law, cadastral registration, state registration of the emergence and transfer of rights will be confirmed by an extract from the USRN, and state registration of an agreement or other transaction - by a special registration inscription on a document expressing the content of the transaction. Certification of the accounting and state registration of rights by a certificate is not provided for by the new Law.

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

9. Cadastral registration and state registration can be carried out without the participation of the right holder

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

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

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

Thus, the state registrar is responsible for the discrepancy between the information entered by him in the USRN and the information contained in the submitted documents (with the exception of data entered from other information resources), for unreasonable suspension and refusal in cadastral registration or state registration of rights or evasion from their implementation.

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

11. Conditions for payment of compensation for the loss of the right to housing have been clarified

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

The provision of the Law on compensation for the loss of a right registered in the USRN comes into force on January 1, 2020.

The law "On the Unified State Register of Real Estate" (EGRN) came into force on January 1, 2017. Its main task is to unite the systems of accounting for real estate objects and registration of rights. Find out how the procedure for filing documents and registering ownership of a property has changed in 2017.

✔ How has the procedure for submitting documents for registration changed

The procedure for state registration of rights and cadastral registration itself has not become more complicated for applicants and right holders. Registration of rights and cadastral registration of real estate is carried out in the same manner as before January 1, 2017.

The new law provides for several ways to receive services: electronic, as well as in person at the office Federal Cadastral Chamber of Rosreestr and the multifunctional center "My Documents". In addition, you can get documents under the new law remotely. by courier delivery. To use this method, you need to make a special mark in the application at the time of submission of documents. In this case, the finished documents will be delivered to the property owner at any place and time convenient for him.

The changes affected the procedure for submitting documents for cadastral registration of real estate objects. If earlier any person could submit an application for registration of a real estate object, now the new law establishes a list of persons, according to whose applications real estate objects will be taken into account and rights to them will be registered. Thus, according to the provisions of the law, an application for a created (that is, built) real estate object can be submitted by the owner or other right holder of the land plot on which such a real estate object is located.

An application for cadastral registration or state registration and the necessary documents, as before, can be submitted:

In paper form - in person (to Rosreestr, through the MFC, at an on-site reception) or by mail (to Rosreestr);
- in the form of electronic documents - through a single portal of public services or the official website of Rosreestr.

According to the new law, only Rosreestr and its territorial bodies will conduct cadastral registration of real estate and register rights to it. Prior to this, state registration of rights to real estate and transactions with it was carried out by Rosreestr, and cadastral registration was carried out by the Cadastral Chamber for the subjects of the Russian Federation subordinate to it.

✔ What documents do you need to collect to apply for registration of property rights

For registration of rights and cadastral registration, it is necessary to submit an application and a package of documents. With list and form required documents can be found on the Rosreestr website.

Approximate list of documents:

Application for registration of property rights (filled in by an employee of Rosreestr or MFC);
- The document is the basis for the transfer of ownership (Contract of sale, donation, exchange, Court decision, etc.);
- Power of attorney for representatives (when submitting documents through representatives);
- Receipt for payment of state duty (2 thousand rubles for individuals, 22 thousand rubles for legal entities);
- According to the new law, Rosreestr independently requests the constituent documents of a legal entity that has applied for accounting for an object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.

The exact list of documents depends on the type and subjects of the transaction.

✔ Innovations in the procedures for registration of rights and accounting

An innovation of the legislation is that citizens have the opportunity to submit one application for registration of rights and cadastral registration in relation to the same object. In this case, both actions will be performed simultaneously.

This is very convenient, especially in the case of land plots. For example, if the owner of a land plot sells it not entirely, but a certain part. Previously, for sale, he had to either sell a share in the right to a land plot, or first allocate a part from his plot (conduct a land survey, put it on cadastral registration), and after putting part of the land plot on cadastral registration and making changes to the USRR, sell the resulting part land plot. Now it is enough to allocate a certain part of it by conducting a survey of a land plot, and, together with a prepared survey plan and a sales contract, submit documents for registration of the transfer of rights and cadastral registration.

✔ Is it possible to apply for registration without registering an object for cadastral registration?

In accordance with the legislation, putting an object on cadastral registration is a prerequisite for registering property rights to it. Exceptional cases when registration of rights is allowed without putting the object on cadastral registration are defined by the law "On State Registration of Real Estate". This happens in cases where the property, information about which is already contained in the USRN, is sold, bought, donated, or an encumbrance is imposed (or removed) on it.

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

✔ How long to wait from the moment of submission of documents - have the terms of registration of property rights changed?

Service times have been shortened. In the case of filing one application for registration of rights and cadastral registration, both actions are performed simultaneously within 10 days. If the applicant applies for one of these services, then the registration of rights will be carried out within a period of not more than 7 days, and cadastral registration - no more than 5 days. In the case of contacting the multifunctional center "My Documents", the term for the provision of the service is increased by 2 days.

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

We didn’t have time to get used to the fact that an extract from the USRR replaces a certificate of ownership, as a lot has changed again since the new year. The Unified State Register of Real Estate will appear, and the main document confirming the right of ownership will be an extract from it.

On January 1, 2017, Federal Law No. 218-FZ “On State Registration of Real Estate” comes into force. The Unified State Register of Rights (EGRP) and the State Real Estate Cadastre (GKN) merge into a single entity called the Unified State Real Estate Register (EGRN).

Officials of Rosreestr, which will be in charge of the USRN (not to be confused with the Unified State Register of Taxpayers), assure that now registering real estate will become not only more convenient, but also easier.

Transition period

Since July 15, 2016, paper certificates of ownership have been abolished in Russia, they have been completely replaced by extracts from the USRR. Citizens still, it seems, did not have time to come to terms with this fact, and specialists got used to it without difficulty. Now the next stage is the transition to extracts from the USRN.

At the moment, the regional branches of the Federal Cadastral Chamber and the Rosreestr department are verifying the information contained in information resources GKN and EGRP. Inspections reveal inconsistencies that need to be corrected.

“This is a very difficult task,” Andrey Pridankin, acting head of Rosreestr, notes, “but in 2015 we managed to combine 2,500 databases that were used in almost every administrative region. The state cadastre was originally created at the level of the constituent entities of the Russian Federation. We have one more step to go."

New opportunities

The creation of the USRN will allow to combine the processes of registration of rights and cadastral registration: from the beginning of 2017, citizens will be able to submit one common application for both procedures, which will significantly save time. Now it's two different statements, which must be sent to Rosreestr and the cadastral chamber.

Another convenience - documents will now be accepted in any division of Rosreestr. According to the current legislation, the applicant must apply to the territorial body corresponding to the location of the property. Since 2017, if a citizen purchases real estate in another city, he will not have to go there to register the right - it will be enough to give the documents to the nearest branch in his city. You can also apply through multifunctional centers.

The EGRN databases will be stored electronically, and backup copies will ensure the safety and protection of data. Also, the new registry will serve as an archive for all information related to real estate. Under the new law, data cannot be deleted or removed from it.

They promise to make the notification process more technologically advanced: Rosreestr will necessarily notify property owners of all applications for registration of rights regarding their real estate. Hopefully, this will help reduce the number of fraudulent activities with housing.

New forms

But let's get back to the extract from the USRN, which will now be the main document confirming the citizen's ownership of the apartment. There are several forms of extracts from the USRN, all of them have already been approved by order of the Ministry of Economic Development of Russia dated June 20, 2016 No. 378. In particular, the order introduces:

Form of an extract from the USRN on the main characteristics and registered rights to the property;

Form of an extract from the USRN on the transfer of rights to the property;

Form of extract from the USRN on rights individual on the real estate objects he had (available);

Form of an extract on the date of receipt by the registration authority of rights of an application for state cadastral registration and (or) state registration of rights and documents attached to it;

Procedure for completing approved forms.

At the same time, it was determined that the information contained in the USRN is provided in the form of a cadastral plan of the territory, notifications about the absence of information about persons who received information about the property, certificates about persons who received information about the property, notifications about the absence of the requested information in the USRN, decisions to refuse in providing the requested information.

The information contained in the USRN is provided by Rosreestr (or its subordinate federal budget institution) in the form of an electronic document or in the form of a document on paper, in the form of a copy of the document on the basis of which the information was entered into the USRN, an extract from the USRN, or in another form determined by the Ministry of Economic Development of Russia. According to the law "On State Registration of Real Estate", the information contained in the Unified State Register of Real Estate, with the exception of information to which access is limited federal law, are provided by the rights registration authority at the request of any person.

New rates

Order of the Ministry of Economic Development of Russia dated May 10, 2016 No. 291 approved the prices for providing information contained in the USRN. Compared to the EGRP, they have grown.

Thus, the cost of an extract from the Unified State Register of Real Estate about a property in the form of a paper document for individuals will be 750 rubles, for legal entities - 2200 rubles. For the provision of an extract in electronic form, the fee is less (this applies to all forms of extracts): 300 rubles. for an individual and 600 rubles. for legal. Tariffs come into force from 01.01.2017.

Recall: at present, the fee for providing an extract of registered rights to a property in paper form is 200 rubles. for individuals and 600 rubles. for legal entities, in electronic form - 150 and 300 rubles. respectively.

An extract from the Unified State Register of Real Estate Recognition of the copyright holder as incapable or partially incapacitated will cost the individual 950 (paper) or 400 (electronic) rubles.

An extract on registered agreements for participation in shared construction for individuals - 1500 and 700 rubles, for legal entities - 2950 and 1400 rubles.

And finally, an extract on the content of title documents - 600 and 400 rubles. for "physicists" and 1700 and 800 rubles. for "yuri".

New terms

Rosreestr officials promise to expedite the registration process. Strictly speaking, what else is left for them to do if strict deadlines are spelled out in the law.

Starting next year, registration of the right will have to be carried out within seven days. No more than five days are allotted for cadastral registration. If the application is submitted simultaneously for registration and registration, Rosreestr is obliged to meet within ten days. Note that the new deadlines are almost two times shorter than those that are currently in effect.

The deadline for providing an extract on a property from 2017 is three working days.

Some difficulties

How the new system will work in practice, today one can only guess. There is evidence that bringing all the data to a common denominator is difficult. Of course, it is possible that the registry, which has absorbed information in different formats, will function like a clock. But there are also nuances that make you think about the quality of information. For example, here is such a conflict: in St. Petersburg (and not only in it), rooms in communal apartments are taken into account as shares in the right, in Moscow and in most other constituent entities of the Russian Federation - as real estate ... It is not known how Rosreestr is going to unify this data.

And here is how realtors comment on the immediate prospects on the forums: “The day before yesterday, on duty, I talked with an employee of Rosreestr. Bottom line: everything will be fine, but not immediately; during the transitional period, any surprises are possible during the registration actions.

The leadership of Rosreestr, in turn, is concerned about the new, more stringent deadlines for registration. And quite recently, it approved intradepartmental unified schemes of technological processes for the provision of public services for the registration of rights and cadastral registration. With these " road maps» documents can be viewed by everyone. DOWNLOAD

As an example, we took an intradepartmental unified scheme technological process"Implementation of state cadastral registration and state registration of rights to real estate and transactions with it"

Started to act new law concerning the state registration of real estate. Now it will become much easier and faster to get registered with the cadastral register. Experts assure that the Russians can already apply and apply for real estate registration today and will notice significant changes.

Let's talk about what the new law brought.

The procedure for setting objects on cadastral registration in 2019

Law federal level number 218 brought the following changes:

1. Only Rosreestr became the registering body

Rosreestr specialists will be required to conduct state registration of real estate objects.

Territorial departments of the service will accept applications and documents, transfer information to main body. They will also be able to amend and issue necessary information on paper to citizens.

These functions will not be assigned to other structures.

2. A single database will appear

The unified register of real estate will not be updated, but completely new. It will arise on the basis of information that was previously provided by the property owners to the Rosreestr service.

They plan to take additional information about objects from the state cadastre.

It is known that while the database is being developed. It is included detailed information about real estate objects - for example, about the exact boundaries, existing encumbrances, possible owners.

The register is kept electronic. But this does not mean that registry files will also be made in electronic format. Paper copies will be available. Any citizen interested in verifying information on their property can get a paper copy of the documents.

They say that real estate transactions will be faster and more convenient. The new database will help facilitate the process of registration of rights and registration of real estate. These are two different procedures, which, as a rule, are carried out at the same time. Now a citizen will be able to register an object, put it on record and receive an appropriate document confirming his ownership.

The new base will be more reliable. Note that the system high degree security, which allows you to save and secure data securely. The innovation reduces the threat of fraud and reduces the risks of transactions related to the sale of real estate.

3. Expanded the list of objects subject to registration

The list now includes not only individual buildings and plots of land, but also property complexes.

From a legal point of view, specialists will be forced to delimit the enterprise into several separate structures, which are then registered. This method will increase the costs required for the operation, as well as complicate the registration procedure.

There is no clear position on this issue. But in practice, experts adhere to this principle - if the complex is located on one land plot, then the object must be registered, and it does not matter in what way.

From the list of objects excluded subsoil areas. Such land will not be affected by the registration operation.

4. New in the registration procedure

According to the law, each property will have its own cadastral number- regardless of whether the property rights have been formalized.

This is especially true for objects that have not yet been registered in the state cadastre.

A Rosreestr specialist can register an object and register ownership - that is, conduct simultaneous registration - in such cases:

  1. The object is put into operation.
  2. Appeared new plot, building.
  3. The owner is a new citizen.
  4. The object was destroyed, demolished, etc.
  5. The structure has been structurally changed, for example, if the boundaries of the site have changed.

Objects that have already been included in the old registry will not go through the registration procedure. Newly submitted data about them will be entered into a new database.

Please note that ownership certificates are no longer issued. Only an extract from the USRR is made, and from January 1, 2017 - an extract from the USRN.

The procedure for submitting an application and documents - for what reasons can a request be rejected?

Consider what is the procedure for citizens to apply to Rosreestr, what has changed:

  1. You can apply to register an object at any office of Rosreestr or a multifunctional center, regardless of the address of the property. For example, living in St. Petersburg, a citizen can register a plot purchased in Volgograd. He does not need to go to Volgograd specifically for this.
  2. The application can be submitted not only by the owner of the property, but also by a representative of the municipality or executive, which issues permission to put the facility into operation.
  3. 3. The registration of the service can take place via the Internet. The system will follow the example of the public services portal. A citizen who decides to register real estate will have to register on the portal, order a service, pay a fee and appear on the appointed day at the Rosreestr or MFC office, or simply receive an electronic document by mail or by courier (this service will be paid).
  4. Representatives of organizations will no longer need to provide certified copies of documents. The simplification of the procedure has become possible, since the powers of the bodies will include the request for constituent, registration, organizational papers.
  5. The list of documents may be different, as there are several laws on real estate. Applied citizens are recommended to submit all the documents that are necessary for registration and accounting, regardless of whether they are specified in the laws or not.
  6. Established new reasons for the refusal to accept the application and documents. These include, first of all, the impossibility of identifying a person, as well as an incorrectly written and executed application, with errors, corrections, without a signature, etc. Another important fact is the payment of state duty. If the authorities do not receive information about the payment made within 5 days from the moment the citizen applied, then the documents and the application will also be returned.

It is worth paying close attention to the new requirements when submitting documents, and it is especially important to write and execute the application correctly.

As a rule, the application form is issued at the office of Rosreestr or the MFC when a citizen applies.

Deadline for registration and registration of real estate

The period of registration and registration of real estate has changed.

Now several working days are allotted for different operations:

  1. For cadastral registration, the specialist will have to spend 5 days.
  2. To assign a cadastral number to an object, and at the same time to register, you will need 10 days.
  3. Amendments and records of property rights may be required 7 days.

Remember, if you draw up documents through a multifunctional center, then the period increases by 2 days.

Upon completion of registration, the applicant will receive extract from USRN.

If a contract or other transaction was registered, then a corresponding inscription from an employee of Rosreestr should appear on the document.

So far, the opinion of experts and specialists of Rosreestr is ambiguous. Of course, it is good that the registration and registration procedure will take less time, but such promptness can lead to errors and a heavy burden on Rosreestr specialists.

Already on January 1, 2017, the provisions of the new Federal Law should come into force, within the framework of which it is planned to form a unified accounting and registration system and the Unified State Register of Real Estate (EGRN). That is, all information bases of the real estate cadastre and the register of rights will be included in the USRN.
It is expected that the entry into force of the legislative norm will optimize the process of registration of real estate transactions.

Comfortable transactions for the purchase / sale of real estate

So far, the processes of cadastral registration and registration of rights are two completely different procedures. However, the most common case remains the conclusion of real estate transactions, for the execution of which it is necessary to carry out two of these procedures at once. Thanks to the Federal Law on USRN, this process will be significantly facilitated, since in this case there will be no need to submit two separate applications (for registration of rights and for cadastral registration). Of course, such a decision will help save citizens time and energy.

Starting from January 1, everyone who draws up documentation for registering property rights to real estate objects and putting them on cadastral registration will have the opportunity to do this at any of the existing offices for receiving and issuing documentation, regardless of the location of the object that is the subject of the transaction.

That is, from now on, for example, for residents of St. Petersburg who purchase real estate in Saratov, a trip to Saratov to draw up the relevant papers ceases to be a prerequisite. To register property rights and a property in accordance with all the rules, it will be sufficient to submit the necessary package of documents at any of the existing offices for receiving and issuing documentation, without reference to the location of the object. At the same time, the service can be provided, including in electronic format.

Citizens who intend to save time can also order a service for the delivery of the entire package of documents to their home or office at any time they choose. In this case, deciding on the method of obtaining documentation, you should choose courier delivery. This service is provided on a paid basis.

Possibility to save time when registering real estate

After the entry into force of this legislative norm, it will significantly simplify the procedure for preparing documentation for real estate transactions, which will save time for applicants. From January 1, in order to register the right and receive cadastral registration services, the applicant will be able to limit himself to submitting only one application to the registration authority. In this case, the registration procedure will be carried out within 10 days. If the applicant requires only one of the services, then the processing time will be further reduced, amounting to:

  • for cadastral registration - within 5 days;
  • to receive the services of the Registry - up to 7 days.

Thanks to the introduction of this law, it was possible not only to significantly reduce the registration period, but also significantly speed up the process of searching for and providing information from the Unified Register of Real Estate. That is, already within 3 days after the submission of the relevant request, the customer must be provided with an extract on the real estate objects owned by him. It is important to note that earlier this was given at least 5 days.

The amount of payment for services for providing data from the USRN is set in the order of the Ministry of Economic Development of the Russian Federation approved in May 2016.

Reliable real estate registration

The new legislative norm provides for a significant increase in the reliability of data storage in an electronic database by increasing the degree of its protection and making a number of backup copies of documents. In general, this will help to strengthen the guarantee of registered rights, minimize the possibility of a threat from fraudsters, thus reducing the risks of transactions carried out by entrepreneurs, etc. citizens in the real estate sector.

In addition, the law eliminates the need to issue certificates of ownership. Confirmation of cadastral registration and registration, both the occurrence and the transfer of property rights, will be an extract from the USRN. The fact of registration of the agreement and other transactions will be confirmed by a special registration inscription on the document about the past transaction.

When submitting documentation for registration of rights and cadastral registration before December 31, 2016, citizens should remember that the entire list of public services will be provided to them within the framework of the norms and terms provided for by the current legislation, and all the changes listed here will come into force only from January of next year .