New Law on State Registration of Real Estate: What Has Changed? New rules for cadastral registration of real estate and land plots.

A new law concerning the state registration of real estate began to operate. 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 in in electronic format . 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 site, 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.

In this article, we will consider what changes in the part of the state cadastral registration and state registration of rights to real estate took place in 2017.
It should be noted that these changes were significant and, one might even say, revolutionary. In order to understand what exactly these significant changes consist of, it is necessary to first dwell on what the situation was before they were introduced.

As it was before: USRR and GKN

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

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

The new procedure for maintaining the USRN

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

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

1) "Register of real estate objects", i.e. buildings, buildings, land plots, etc.;

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

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

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

5) " Cadastral maps", where there is a topographic base on which the boundaries of land plots and land management facilities are applied;

6) "Document Books".

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

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

Important provisions of the USRN Law 2017

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

Comprehensive cadastral registration

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

Before the introduction of the rules for integrated cadastral registration, several land plots could be put on the CCU only with the assignment of one cadastral number. Such a plot, which includes several land uses, was called multi-loop.

Registration objections

A rather interesting and useful point is the ability to file objections from the previous copyright holder on the registration of rights. This entry will appear when ordering information from the USRN by any interested person, however, in itself, such a statement about making objections to the USRN is not a reason to suspend the registration of rights. This rule is intended to protect future buyers from the unexpected costs of litigation with previous property owners. Thus, if someone raised an objection to registration, then a corresponding entry will take place in the subsequent extract. If the objector does not initiate trial, then three months after registration, the record is extinguished.

We introduce the security zone ourselves

The law provides for the right of any interested person to enter information about the buffer zone into the USRN, if it is reliably known that the decision to establish such a zone was made by authorized authorities (part 1, article 33 of the Law). Owners of land plots who are at risk of being in the protected zone of gas pipelines, power lines, SPZ, etc. need to be aware of this. If there is any of the listed objects nearby, and there is no information about it in the USRN extract, you can make a corresponding request to Rosreestr and demand that a buffer zone be entered.

Down with rejections

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

If the remarks of the registrar are not eliminated during the period of suspension, then a refusal to carry out registration is issued.

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

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

Each cadastral engineer has a personal account

The cadastral engineer will have online Personal Area, in which he will be able to add draft boundary plans and check them with the authorized body before submission. This office will be a kind of archive for storing boundary plans. Its use will be subject to a fee. Perhaps in connection with this, the services of a cadastral engineer will rise slightly in price. We believe that working with such cabinet will enter in the role of assistant cadastral engineer.

Where I want, I register there

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

Regions can also register

Maintaining the State Register of Real Estate can be transferred to the regional level, however, how this will be done and which executive authorities of the subject will be entrusted with certain functions of Rosreestr is still unknown. It was possible before (within the framework of the previous law on the cadastre), but in practice this norm has not been implemented.

Registrar - responsible

Art. 60 of the Law establishes a list of cases where the registration authority and the registrar itself can be held liable for improper performance or non-performance of their official duties. In this case, we are talking about civil liability, that is, cases where the illegal actions of the registrar or the registration authority as a whole caused real damage to the owner of the property. In particular, the responsibility of the registrar is established for the inconsistency of the information that the owner or interested person provided for registration with the information contained in the USRN.

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

Who is entitled to a registry error?

Now they have the status and name of registry errors, but the procedure for fixing them has not changed much. In most cases, if agreement with the owner is not reached, the registry error will be corrected on the basis of a court decision. Apparently, the correction of a cadastral error out of court will now take place in a slightly different way. The Real Estate Registration Act now states that errors can only be corrected by the courts if there is reason to believe that the correction of such an error would infringe the rights of the owner of the property. Most likely, such a violation of rights will be assumed in 99.9 percent of cases. For a more detailed study of the issue, we recommend that you refer to Article 61 of the law, which details the conditions and procedure for correcting technical and registry errors.

If there are a couple of extra sections

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

Art. 55 of the Law describes in detail the procedure for renunciation of ownership of any property and the persons to whom this property passes after the refusal.
I recall the time of the zero years, when this procedure was rather blurred and there was only general norm 236 articles of the Civil Code presuming the right of every citizen or legal entity to renounce their property and the Land Code of the Russian Federation In more detail, neither laws nor by-laws regulated this procedure at that time.

Removal of collateral upon withdrawal of land

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

Forewarned is forearmed

A rather interesting and useful point in the law is the registration authority is the obligation of the registration authority to notify the property owner that someone has ordered an extract from the USRN in relation to his property. Highly useful thing, which can prepare the owner of the land or house in advance for the fact that some kind of fraud will occur around his property. However, for this it is necessary that the registration authority must have your contact details. I hope that the specified obligation of state bodies conducting registration to notify property owners will save them from "pleasant" surprises. And dishonest realtors will be warned against rash actions.

What's more, if you have reason to worry that someone has laid eyes on your property, you can order a certificate of persons who have been interested in your property in the last period.

The unity of the fate of the house and land

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

Constituent documents can now be forgotten at home

When submitting documents by legal entities, the attachment of constituent documents is no longer required, the registering authority requests them in the order of information interaction. However, you should not rely on this, because, firstly, this can in fact greatly lengthen the registration procedure, and, secondly, documents may not be provided and then a suspension will pop up for you.

Last summer 2016 for pink paper

The right to a real estate object is confirmed by an extract from the USRN and only an extract from the USRN, that is, certificates of ownership actually lose their force as title documents for land plots, buildings, premises, etc. Although, in fact, this happened already in the summer of 2016, from that moment until 2017, an extract from the USRR certified the ownership of real estate.

More details about family members

The EGRN will contain data on the territorial zone, a description of the coordinates of the points of the building, a 3d model of the building (optional), information about family members of the owner of the dwelling, methods of providing in the equity agreement.

Deadlines for providing information from the USRN

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

How long is an extract from the USRN valid

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

Form of extract from USRN

The forms of extract from the USRN are approved by the Order of the Ministry of Economic Development No. 378 dated 06/20/2016.
We believe that the most popular extract will be an extract from the unified state register of real estate on the main characteristics and registered rights to the property, which will include sections: Information about the main characteristics of the property, information about the rights, description of the location of the site, description of the location of the property (buildings, structures), floor plan. In general, the order provides for a rather greater variety of extracts from which I would also like to allocate an extract to the security zone.

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

Who keeps records

According to preliminary information, the Federal Cadastral Chamber of Rosreestr transfers its functions of maintaining the register and cadastral registration back Federal Service public service cadastre registration and cartography. How this will look in practice is still difficult to say.

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

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

Photo from 4geo.ru

On January 1, 2017, a new law on state registration of real estate comes into force. It is assumed that its norms will allow citizens and legal entities to register their property faster and easier. At first glance, this is true: the time for registration of rights and cadastral registration will be reduced by almost half, the registration itself can be carried out in any region, regardless of the location of the object, and some entries will be entered into the register automatically. However, practicing lawyers believe that difficulties may arise with the application of some new rules, and they recommend registering the rights and putting the object on the cadastral register according to the old rules - there is still time to do this.

Legal regulation

In fact, from January 1, 2017, real estate registration relations will be regulated by three laws at once: the new law on state registration of real estate and the laws currently in force on state registration of rights to real estate and transactions with it and on the state real estate cadastre (part 4 of article 72 of the new law on state registration of real estate). Director of Legal AffairsBIND Therapeutics Tatyana Sitnova recommends that you pay special attention to the list of documents that are necessary for registration and accounting: "They differ slightly in different laws, but do not contradict each other - which means that you will need to provide them all."

Maintenance of the Unified State Register of Real Estate

The Unified State Register of Rights to Real Estate and Transactions with It (EGRP) and the State Real Estate Cadastre (GKN) will be merged into the Unified State Real Estate Register (EGRN). For these purposes, it is planned to allocate 4,851 million rubles from the federal budget. However, it happens that the information in the USRR and the State Property Committee often does not coincide, for example, the Novosibirsk road with a lawn, trees and shrubs was marked in the USRR as a real estate object (see ""), and in Kemerovo a motor ship converted into a cafe was almost recognized as real estate (see ""). In order for the correct entry to appear in the new register, it makes sense to check the USRR and the State Property Committee (and, if necessary, correct the data indicated there) before the beginning of next year. At the same time, the EGRN will be conducted exclusively in electronic form. Since July 15, Rosreestr has also not issued "papers on property".

A year ago, the courts emphasized that "in the aggregate, the registry entries must correspond to the title and other documents submitted for state registration, and the information specified in the certificate of state registration of rights must correspond to the entries in the registry" (resolution of the First Arbitration Court of Appeal dated July 27, 2015 in case No. А39-5198/2013). Now it is possible that if something happens to the entry in the register, in the absence of a certificate, the owner may have difficulty proving the fact of registration of his rights. "To prevent this from happening, I would advise you to periodically request extracts from the registers and keep them with you. But be prepared for expenses - one paper extract about a property from the USRN will cost citizens at least 750 rubles, for legal entities - 2200 rubles .", warns CEO company "YurPartner" Anton Tolmachev.

Reliability of information

The new law declares the principle of reliability of information contained in the USRN. "However, in reality, it turns out that we are only talking about the reliability of the data provided. If, for example, the register does not contain information about the protected zone of engineering communications, the water protection zone or other restrictions, this does not mean at all that they are not there. Accordingly, the price of such credibility," says partner law firm Goltsblat BLP Vitaly Mozharovsky.

A year ago, the FSB proposed to restrict third parties' access to the personal data of property owners. Although the Cabinet of Ministers froze this bill (see ""), it is still being published on the Federal Portal of Draft Regulatory Legal Acts public discussions and independent anti-corruption expertise. "The coding in the Unified State Register of the names of high-ranking officials, which is not provided for by any laws, and persistent attempts to completely close information about the owners - well, what kind of reliability can we talk about here?" - asks Mozharovsky.

Indeed, since the end of 2015, the names of high-ranking officials began to disappear from existing registers. Thus, reports about this came from the Anti-Corruption Foundation and the Center for Anti-Corruption Research and Initiatives of Transparency International. Nevertheless, it is obvious: the record that this or that mansion belongs simply to an "individual" (and not to Ivanov Ivan Ivanovich) does not mean at all that it is a nobody's house.

Real estate registration deadline

Today, registration of rights and cadastral registration take 10 working days, respectively (12 working days - when submitting documents through the MFC). After the entry into force of the new law, the registration period will be reduced to seven working days (nine - when submitting documents through the MFC), and the term for cadastral registration - up to five working days (seven - when submitting documents through the MFC). If the registration of rights and cadastral registration take place simultaneously, then their total period will be 10 working days (12 working days - through the MFC). "That's good, of course," he says. Alina Tukhvatullina, lawyer of the service "Document Designer FreshDoc.ru". "However, such efficiency does not lead to registrar errors during the legal examination of the transaction. Moreover, the load on Rosreestr is only increasing," the expert fears. To avoid this, she advises to conduct last-minute deals and register previously arisen rights now. “Terms for registration of rights and cadastral registration are constantly decreasing. But I always stand for one thing: for example, let the period be not five days, but 10, but this period will be real. And not so that it is written five days, but in reality the registrars use some loopholes, and this period is already different, ”said Alexey Kharlamov, Head of Department of Gazprom PJSC.

Extraterritoriality

From January 1, 2017, citizens and legal entities will have the opportunity to submit documents to any branch of Rosreestr, regardless of where the property is located. This is very convenient for companies that have great amount premises and one head office, for example, in Moscow or St. Petersburg. “Everyone has been waiting for this innovation for a very long time. The only thing that causes concern is the flow of applications for registration of regional real estate objects in major cities- I'm afraid he can blow up technical and physical abilities registrars,” Sitnova believes.

Commissioning of the facility

The current practice generally allows obtaining permission to put into operation a newly created object, even if the lease period for the land plot provided for the construction of this object has expired. However, after January 1, 2017, this will become impossible - the new law expressly states that commissioning must be carried out within the term of the relevant contract. But it will be possible to register the right to such an object after the end of the lease. “Given that since last year, land legislation has significantly limited the terms and possibilities of extending lease agreements for construction purposes, developers should be very careful about this innovation. authorized bodies have enough time to issue all permits," warns Senior Associate at Egorov Puginsky Afanasiev & Partners Anton Alekseev.

Record of the formation of a land plot

"If you plan to purchase a land plot formed from lands or a land plot, state ownership of which is not delimited, when submitting an application for state cadastral registration after January 1, 2017, I recommend that you attach an application for state registration of property rights to it," advises Managing Partner of Murashov, Yashin & Partners Law Office Denis Murashov. The fact is that after the entry into force of the new law in the cadastral registration of land plots, by default, a record will be made that these plots are formed from lands or a land plot, state ownership of which is not delimited. This means that such land belongs to the state, but it has not yet been determined - the municipality, the region or the Russian Federation. If this is not the case and the owner of the land in accordance with the title documents is, for example, a legal entity, its rights may be violated. "In addition, before purchasing such a plot, be sure to ask on the basis of what documents the corresponding entry was made in the USRN," adds Murashov.

The new law on state registration of real estate, according to experts, has not only positive, but also very ambiguous norms. Thus, citizens should seriously consider whether it makes sense to wait for it to come into force, or maybe it is better to register their rights to real estate as soon as possible while they are still in effect. old rules?

​In 2017, a new law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” comes into force, according to which real estate will be registered. The new rules will simplify cadastral registration and shorten the procedure for state registration of rights to real estate. Until now, according to some reports, there are many real estate objects in the country that do not have cadastral numbers, respectively, the ownership of these objects is also not registered. The new law is intended to change the situation in the direction of simplifying the procedure and providing citizens with all the conditions for its speedy passage.

Main provisions of the new real estate registration law 2017

From 01/01/2017, the Unified State Register of Real Estate will be created. Information from the cadastre and the Unified State Register of Real Estate Rights will be entered into it. In total, the EGRN will include:

1. Cadastre and its maps.
2. Register documentation.
3. Register of borders of all territories without exception.

Representatives of Rosreestr will register property rights and take into account real estate objects. Accounting and registration will take place simultaneously, which will halve the duration of all procedures.

Now citizens will be able to choose at their discretion the form of submission of documents for registration:

1. paper form. Forms and documents can be handed over to a Rosreestr employee at any branch, or sent by mail. You can also contact the MFC.
2. Electronic form. It is necessary to fill out forms on the Rosreestr website or on the public services portal.

The data received by Rosreestr will be stored in electronic form, which will increase the degree of their protection, as well as guarantee the safety of information. Everything that was previously entered into the database will remain so in it. All edits, changes will be saved in the USRN. In non-electronic form, data will be entered into the register only when citizens submit paper forms.

The document confirming the correctness of the cadastral number of this property and the ownership of it will be an extract from the USRN. Data on the contract on the basis of which the transfer of ownership took place will also be contained in the extract. No additional documents will be required to confirm your rights to real estate.

In addition to the procedure for registering rights, the mechanism of interaction between relevant departments will change towards simplification. If changes in the status of the property occur due to a court decision, then new data will be entered into the register without the participation of the copyright holder. The data will also be transferred to Rosreestr automatically.

An important innovation cancels the obligation to submit documents at the location of the property. Now citizens and legal entities can submit information to any convenient division of Rosreestr or to the MFC branch at the place of residence.

The duration of all procedures will be halved. The property will be registered with the cadastre within 5 days from the date of submission of the data, and the state registration of ownership will be completed within the same period. To obtain a new cadastral number, the period is increased by 2 days, and for those who register through the MFC, the period is increased by 4 days. If you want to perform both procedures at once, you should lay down a period of 10 days or 12 (when applying through the MFC). The deadlines do not depend on the form of data submission - paper or electronic.

In the event that Rosreestr made a mistake, or illegally refused registration to the applicant, it is possible to resolve the dispute in court. If it is established that the dispute arose through the fault of the plaintiff or a third party, then Rosreestr will have the right to file a recourse claim.

In the event that the owner loses the right to the property in the course of a fraudulent transaction, the law describes a number of conditions under which such a former owner will be able to receive a one-time compensation. This situation applies to all cases where the property at the time of the dispute was registered in the name of a bona fide purchaser. Such payments will be financed by the state federal budget, but the amount of compensation will not exceed 1 million rubles.

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What will change in real estate registration from 2017

Summarizing, we can summarize the changes that will occur from 01/01/2017 in the registration of real estate. With the creation of the USRN, the database on the cadastre and the register of property rights will be combined. Eventually The following procedures will be greatly simplified:

1. The period of state registration and registration of a new cadastral number for this property will be reduced by 2 times.
2. Everyone has the right to choose the form of submission of information to Rosreestr that is convenient for him - in paper form or in electronic form. Moreover, this can be done anywhere in the country if the applicant wishes to do it personally. All this is done for the convenience of citizens, especially those who live in rural areas.
3. If the property becomes an object judicial trial, as a result of a court decision, its owner and / or cadastral number changes, then this data enters the registry database without the participation of the owner, automatically.
4. For making mistakes and for the illegal refusal of Rosreestr to register property rights, the law provides for liability.
5. The USRN database stores all information about the property, all changes, clarifications, corrections. Nothing is erased or removed from the database.

Thus, with the entry into force of the new law “On Registration”, the legislator gives citizens and legal entities the opportunity to short time and with maximum comfort to carry out the procedure for registering rights to real estate. Anyone who previously did not want to stand in lines and draw up documents can now submit information in electronic form without leaving home on the public services portal.

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 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

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

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?

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?

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.