Documents establishing ownership. How to register ownership of an apartment (details of registration of rights)

Documents for an apartment serve as proof that a citizen/several people or an organization are the owners of this premises. This is the basis of any kind, including rent, donation and receipt by will. Using them, the state protects the rights of its citizens and fights fraud in real estate.

Title documents for the apartment

All documents for an apartment can be divided into title-establishing and title-confirming documents. Title documents show how the owner acquired the right to the property. They are saved at home by the owner of the apartment.

They must contain the following data: description of the apartment, information about the owner, indication of the type of right to the apartment, as well as signatures, seals and notarization, if necessary. Such documents include:

1. barter agreement;
2. certificate of inheritance;
3. equity participation agreement;
4. annuity agreement;
5. certificate of privatization;
6. a certificate confirming payment of the share in the cooperative in full;

The purchase and sale is formalized between the person who is the owner of the apartment and the person who wants the ownership of the apartment to pass to him. The seller gives away the property and the right to it, the buyer gives money, the amount of which is previously agreed upon by the parties.

An exchange agreement implies that both parties own some kind of real estate, often an apartment, and they want to exchange these objects. If there is a large difference between the condition or value of these two apartments, an additional payment will be made to compensate for this difference.

The document confirming the right to inheritance is issued by a notary. It indicates who, after whose death and on what basis became the heir of the deceased owner. An equity participation agreement is concluded between a developer engaged in the construction of a residential building and a shareholder who invests money in construction work. Upon completion of construction, he receives an apartment in return.

A gift is a voluntary transfer of property to any person of the donor's choice. Two features of donation: gratuitousness and the absence of any conditions. A gift agreement can be canceled if it has not yet entered into force, or terminated when there are serious reasons listed in the law (threats against the donor and an attempt on his life, radically changed circumstances in the life of the donor, etc.).

Rent involves an agreement between a person who needs constant care and a citizen or organization willing to provide him with adequate care in exchange for an apartment. The right to an apartment is transferred only after the death of such a person. During his life he can at any time.

The privatization document is issued by local governments. This document confirms the tenant’s rights to an apartment that was once given to him free of charge from the public housing stock. A certificate of payment for the share shows that the citizen has fulfilled all his monetary obligations to the housing cooperative and thus acquired the right to the apartment. This document is issued if payment has been made in full.

A court decision serves as a document of title if the right to a claim is disputed by several applicants and the case has to be referred to court. This happens in divorce proceedings, the absence of a will, and in other similar cases.

Cadastral passport and related documentation

Certificate of inheritance

In addition to the fact that the right of a person or organization to an apartment has been established, it also needs to be confirmed. To do this, the owner submits one of the above documents to the Rosreestr of the Russian Federation.

There, registration of ownership of real estate is carried out on the basis of a title document. A detailed description of the property is given in the document issued by the cadastral chamber. Without this document it is impossible to complete any transaction with an apartment.

In addition, documents are submitted that in themselves are not directly related to the ownership of the apartment, but are required to enter the necessary data into the registration document. The list of such documents includes:

1. (for citizens);
2. a copy of the charter and a power of attorney for the representative (for organizations);
3. Receipt of payment ;
4. documents containing information about the encumbrance of the apartment (mortgages, etc.) and the seizure of property;
5. certificates of no debt for electricity, gas, water, electricity, telephone (depending on what is available in the apartment) and for housing services;
6. special permits when minors and incapacitated persons are registered in the apartment;
7. an application requesting to register the transfer of ownership from one person to another.

Replacing the state registration certificate with an extract from the Unified State Register

Previously, Rosreestr, based on the above-described package of documents, issued a certificate of ownership on paper. From July 15 of this year, in accordance with Federal Law 360, the Registration Chamber began issuing electronic extracts from the Unified State Register, replacing the previous certificates. The same documents are submitted for the same purpose - for an apartment. Extracts from the Unified State Register are also called title certificates, since they confirm the owner’s right to property and contain the date and registration number of the right.

Compared to the certificate, the extract contains more complete and up-to-date information. It is provided free of charge, since its cost is already included in the amount (2 thousand rubles and 22 thousand rubles for citizens and enterprises, respectively). It remains relevant for a month.

If, after this period, this extract is required to complete any transaction with an apartment, then it is ordered again for a moderate fee (200 rubles for individuals and 600 for legal entities).

Constantly updating information is a great advantage, allowing you to avoid many fraudulent schemes for selling apartments.

Benefits of introducing an extract

Cadastral passport as one of the main documents

It takes five to ten days to prepare an extract from the Unified State Register. It is provided electronically (to the specified email address) or printed on plain paper without a special form. This document does not require protection, since it can always be checked against the electronic database of Rosreestr.

The state registration authority has taken care of one more service - an additional extract, which can be received by any citizen in any locality in Russia. Compared to the title, or certifying, extract, it contains less data (title documents are not indicated) and is intended to check the apartment at the time of any commission. An additional statement can be obtained for any apartment, regardless of whether the applicant has any connection with it.

From 1 June last year, Companies House began accepting documentation to register the transfer of ownership to another person electronically. The electronic version of the statement is a logical continuation of this innovation. Also next year it is planned to provide clients with the opportunity to register rights to real estate without reference to the region where it is located. To use the new services, you only need to acquire a qualified electronic signature.

These innovations cause doubts and fears among the country's population, especially older people. However, unified databases and electronic document processing have been widely used throughout the world for several years, significantly simplifying and reducing the cost of the work of government agencies.

So, speaking about what documents for an apartment look like, we should mention the title document and an extract from the Unified State Register in electronic or paper form. The first two documents are in the hands of the owner, the last one is ordered from Rosreestr as needed.

Expert lawyer's opinion:

The changes in the real estate registration procedure listed in the article greatly simplify the lives of our citizens. In addition, there is additional protection for citizens from fraudsters. Although, as many years of practice have shown, there has never been 100% protection from scammers. Has the most reliable castle ever been an obstacle for the “terry bugbear”? No, there was not, and there will not be. But still, there are much fewer loopholes.

The article draws attention to the fact that people treat all innovations with caution. This is especially true for older citizens. There's no need to worry too much. When planning to purchase a home, you can now find out first-hand detailed information about the apartment (house). To do this, you don’t need to get permission or run somewhere. All information is available right at home, via the Internet in an extract from the Unified State Register. Any citizen can order a shortened version of the statement for any apartment. Very comfortably.

It’s good that now there is also a cadastral passport. Previously, the certificate of ownership of an apartment was valid only on the day it was issued. During the transaction, ownership still had to be confirmed. But, we should draw the attention of our readers to the fact that with all the convenience of registering real estate transactions, you should not neglect the help of qualified specialists whom you trust.

What is a title document for an apartment? What documents must be present when selling a property?

If the applicant represents someone's interests, a notarized power of attorney must be available.

As you can see, there are no difficulties with issuing an extract; it is enough to have the necessary package of documents available.

Answers on questions

In the absence of an extract from the Unified State Register, will future heirs have problems or not?

Answer: If this document is not there, there will be no problems. The heirs will receive certificate of inheritance, confirming the legal ownership of the property. Thanks to this, it will not be difficult for the heirs to register their rights in the Roseestra and receive this extract upon completion of the procedure.

What algorithm of actions must be followed to obtain an extract from the Unified State Register of Real Estate in a situation where there is only an extract from the BTI on the ownership of a real estate property?

Answer: To register and subsequently receive an extract from the Unified State Register, you must initially register ownership of the property in Rosreestr. Upon completion of the registration procedure, a corresponding certificate will be issued. This can be done using any of the above methods.

A meeting of property owners was held. On it I received information that you can take part in voting provided you have a registration number. The problem is that there is no such number in certificates for residential real estate. Is it necessary to obtain an extract from the Unified State Register to obtain legal voting rights?

Answer: Surely the registration of residential real estate was carried out back in . To obtain the right, you must have a registration number in the Unified State Register. Thus it is necessary.

You need to remember one nuance: if the existing documents have a BTI stamp, then this confirms the ownership of the property, and as a result, you have every right to take part in voting.

Certificate of ownership of real estate in 2017

How to confirm ownership of an apartment in 2017

Real Estate Lawyer

Gordon A.E.

The questions posed in the title of the article are received on our website daily and in huge quantities. And this is due to serious changes in real estate legislation in the summer of 2016 and January 2017.

Accordingly, we inform you:

1. What does a title deed look like in 2017?

In short - For Russian real estate, purchased, received as a gift, etc. starting from July 2016, certificates of ownership do not look like anything, since certificates of title to real estate in Russia have not been issued since July 2016.

Previously issued certificates (before July 15, 2016) become something like extracts from the real estate register (USRN) and confirm rights on the date on which they were issued. For example, a certificate of ownership of an apartment was issued on August 10, 2010, from July 15, 2016. such a certificate confirms the emergence of ownership of this apartment as of August 10, 2010.

Why is written below.

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Since July 2016, certificates of ownership of real estate located on the territory of the Russian Federation have not been issued or issued. This also applies to rights to real estate owned by citizens (individuals) and the rights of legal entities.

Rights to real estate in Russia since July 2016 are rights registered in the Unified State Register of Rights (USRP). This means that a record of registration of the right to a specific property of a specific person has been made in the Unified State Register. For example: Ivanov I.I. I bought an apartment in August 2016. Registration entry No. ….., about the ownership of Ivanov I.I., was entered into the Unified State Register of Real Estate. for apartment No.... at address...., area...., cadastral number......, etc. After registering the right to Ivanov I.I. will issue an extract from the Unified State Register, which will contain information about his registered right (in the example, this is property) to the corresponding real estate object, characteristics of the real estate object, information about documents - the basis of the arisen right (agreement, etc.), information about the registration record number rights in the Unified State Register and other information.

Thus, from July 2016 in Russia the following legal mechanism has been implemented: If your ownership of real estate (apartment, house, land plot, etc., as well as a share in such property) is registered in the Unified State Register, then such a right is recognized for you. There is no record of your rights to real estate in the Unified State Register - you do not have rights to this real estate.

The exception is rights that are inherited. By virtue of the law, rights to inheritance pass to the heirs at the moment the inheritance is opened.

Since the beginning of 2017, the Unified State Register of Real Estate has been renamed and is called the Unified State Register of Real Estate (USRRN).

Certificates of real estate rights issued earlier (before July 2016) have, in fact, lost their meaning. At the same time, this document is also indicated after July 2016 when making transactions, as a document confirming the rights of the seller (donor, testator, etc.). But the status of such certificates should not mislead you - this document confirms the “legality” of making a record of rights on the date of registration of the right, that is, on the date of issue of this certificate.

2. Certificate of ownership of real estate in 2017

In 2017, a certificate of ownership of real estate is not issued. For transactions involving the acquisition of real estate, since January 2017, owners (purchasers of real estate) are provided only with extracts from the Unified State Register of Registered Rights. The validity period of such an extract is immediately at the time of its issuance to the purchaser (new owner of the property) in the multifunctional center of public services or in Rosreestr.

3. How to confirm ownership of an apartment in 2017

Since July 2016, in Russia, registered rights to real estate are not confirmed by a separate “permanently valid” document (certificate). Therefore, since July 2016, if it is necessary to confirm ownership of real estate located in Russia, the seller (donor, testator, etc.) is required to receive an extract from the Unified State Register of Real Estate each time immediately before the date of the transaction.

Since January 2017, a new law on real estate registration has been in force, and the rules on confirmation of rights have been retained. Rights to real estate are confirmed only by an extract from the Unified State Register of Real Estate.

It should be noted that the Unified State Register contains publicly available information and information that can only be obtained by the owner.

From July 15, 2016, property owners began to be issued extracts from the register as the main document

Work of the Federal Registration Service (Photo: Victor Bartenev / TASS / Interpress)

Russians will no longer receive a certificate of ownership of housing: on July 15, a law came into force that cancels the issuance of such a document. Instead of a certificate, property owners will be given an extract from the Unified State Register of Rights (USRE) - a paper that describes exactly who owns the property. Already issued certificates of ownership retain legal force, but, in fact, become useless: this document is not required for transactions with housing, Rosreestr told RBC-Real Estate.

The changes will not lead to chaos in the housing market, since requesting an extract from the Unified State Register was previously a normal stage of an exchange or sale transaction, Nadezhda Averina, head of the registration department of the real estate agency NDV-Nedvizhimost, is convinced. “Another thing is that homeowners will need time to psychologically get used to the innovation,” Averina clarified. “At one time they viewed simple certificate forms with distrust, but now instead they are issued an extract from the Unified State Register. It differs to some extent from the option by which information about an object or subject of real estate is ordered, however, all the information that would be printed on the certificate form is displayed here. There is no threat to respectable owners.”

Two documents - one title

The new extract from the Unified State Register does not completely duplicate the old one, despite the fact that they are called the same. “It is important to distinguish between an extract certifying the registration of ownership of an object and an extract that is additionally requested from Rosreestr when selling or buying an apartment to confirm the relevance of data about the object and the owner,” the press service of Rosreestr told RBC-Real Estate. — A certification extract is issued following the procedure for registering rights to real estate. Such an extract is a document confirming that on the date of issue indicated in it, a certain person has registered the right to a specific piece of real estate, about which a registration entry was made in the Unified State Register on the corresponding day under the corresponding number. The document can be obtained both in paper and electronic form.”

Such an extract from the Unified State Register will be free: the cost of the form is already included in the state fee for processing the transaction, explained NDV-Real Estate. The form of the certificate of ownership was also automatically included in the state duty, and therefore the cost of the state service for registering a transaction will not change from July 15, Averina indicated. “Before the changes in legislation came into force, the applicant could choose: when registering property rights, receive a certificate of registration of property or an extract from the Unified State Register. From July 15, 2016, this can only be an extract from the Unified State Register,” Rosreestr concluded.

The old format of statements is also preserved: in contrast to the “certifying” one, Rosreestr calls it “additional”. “An additional extract from the Unified State Register, which is current as of the date of the request, can be obtained anywhere in Russia, regardless of the location of the property. Such an extract from the Unified State Register is provided to absolutely any person with a passport. Such a certificate will indicate the name of the owner, address, description of the property, information about the type of registered right, the date and number of its registration, as well as its encumbrances: whether there is a mortgage, arrest and similar information, but will not indicate information about the documents on the basis of which these rights have been registered,” says the comments that Rosreestr prepared at the request of RBC-Real Estate.

Unlike the certifying one, an additional extract is issued for money. The cost of the paper version when applying in person to Rosreestr is 200 rubles, the document in electronic form can be ordered for 150 rubles. In the case of a request from another region, the cost rises to 300 rubles, said Maria Koroleva, legal adviser at the Inkom-Nedvizhimost real estate agency.

All extracts from the Unified State Register are valid for an indefinite period, the law says. However, this does not mean that a person will be able to use the same statement in all situations, realtors say. “Various authorities consider the information specified in the extract as relevant within a month from the date of issue,” explained Koroleva. “At the same time, the certificate of ownership also did not have an expiration date and displayed information as of the date specified in it.” “To obtain up-to-date information, it is better to request an additional extract from the Unified State Register, the information of which is valid as of the date of the request,” Rosreestr warned.

How to prove that an apartment belongs to you, and why the cancellation of certificates of ownership will be appreciated by forgetful Russians, an RBC-Real Estate observer told on RBC-TV

(Video: RBC TV channel)

Who really needs statements?

Despite the replacement of certificates with extracts, the process of registering real estate transactions will not change, according to Rosreestr. The department did not require either a certificate or an extract before, since Rosreestr independently maintains the Unified State Register of Rights to Real Estate and Transactions with It. The extracts were requested by realtors and apartment buyers to check the legal purity of the property: the document showed whether the apartment was mortgaged and whether it was under arrest. The extract will remain a “means of reassurance” in the future, since it is not a title document, but a title document, explained Marina Tolstik, managing partner of the real estate agency Miel-Network of Real Estate Offices. “The certificate only confirms that the owner owns the property. The basis for the emergence of rights are title documents. This is a purchase and sale agreement, a certificate of inheritance, a certificate from the housing cooperative, maybe a certificate of privatization,” Tolstik listed.

The certificate of ownership was a secondary document, confirmed Alexander Bazykin, managing partner of the law firm Heads Consulting. Documents of the first level are an agreement for participation in shared construction, a donation agreement, an act of a state authority on the provision of premises, a purchase and sale agreement and all other agreements as a result of which a person acquires ownership rights, Maria Koroleva indicated. It is this document that remains key for every owner in Russia - extracts and certificates turn out to be an optional element, the realtors concluded. “The owner was not previously required to provide Rosreestr with a certificate to register the transfer of rights if his right was registered in the Unified State Register. When carrying out state registration, a legal examination of documents is carried out, during which the absence of contradictions between the declared and already registered rights and the corresponding rights of the person applying for registration are checked,” explained Inkom-Real Estate.

Thus, the extract remains a purely voluntary document. “Rosreestr does not plan to change the regime and operating procedure of registrars, since in connection with the cancellation of certificates, nothing changes either in the procedure for registering property or in the actions of citizens during transactions in the real estate market. There was no regular request for statements and there is no need. This document is required in connection with a specific operation,” Rosreestr said.

Does the new law protect against scammers?

The abolition of certificates of ownership increases the legal protection of owners when concluding transactions, lawyers from the company Nedelko and Partners and the Lyubertsy Bar Association told RBC-Real Estate. “Now, immediately before the transaction, you can obtain up-to-date information about the owner of the property, eliminating double sales and the provision of fake or stolen certificates. The task has been made more difficult for the criminals,” said Vera Efremova, a lawyer at the Lyubertsy Bar Association.

Fraudsters often took advantage of the fact that real estate buyers considered a certificate of ownership to be a comprehensive document that reflects all the information about a house or apartment, said Vasily Nedelko. “There is a scheme: a person buys a premises on the basis of a certificate of ownership, which does not reflect important information available in the register. For example, information about the encumbrance: let’s say the purchased premises have a lease agreement for 49 years with a rate of 1 rub. for the entire premises per year,” the lawyer explained. “The extract from the Unified State Register contains much more significant information that will help prevent fraud.”

The law firm Heads Consulting did not agree with these arguments. “In addition to the certificate of ownership, there is an entry in the Unified State Register of Rights, information about title documents, passports, which are checked when accepting documents from the applicant. It is impossible to commit fraud with real estate by falsifying only one certificate, says Alexander Bazykin. “Receiving an extract from the Unified State Register is the only verification of the object before the transaction.”

The cancellation of certificates and a complete transition to electronic registry maintenance can attract cybercriminals and create new threats for property owners, warned Kaspersky Lab antivirus expert Denis Makrushin. “Any new technology and system that uses it not only opens up new opportunities for good people, but also brings new threats - for example, new vulnerabilities that can be used to steal data from that system. [It] will definitely receive the attention of attackers pursuing obvious goals: using the shortcomings of the technology to steal valuable data and ultimately gain financial benefit,” Makrushin said.

Selling an apartment online

Simultaneously with the shift away from paper document flow in Russia, the registration of housing transactions is being transferred to electronic form without reference to the place where the house or apartment is physically located. “You can already register property rights from any region using the Internet. From June 1, 2015, Rosreestr began accepting documents for state registration of rights in electronic form throughout Russia, Rosreestr told RBC-Real Estate. “After January 1, 2017, it will be possible to submit documents extraterritorially for state registration of rights during a personal visit to the office of the Federal Cadastral Chamber or a multifunctional center.”

The principle of extraterritoriality, which does not imply tying the seller and buyer to the region in which the property is located, is not liked by everyone. “The situation looks suspicious when a participant in a transaction permanently resides in one region, and the transfer of rights under the transaction is registered in another - many thousands of kilometers away,” says Marina Koroleva. — Any person who has an enhanced qualified electronic signature can submit documents electronically. There are and will be scammers. They forge documents; it is possible that they will forge an electronic digital signature or illegally obtain it from the owner. Let's say you find out that the transfer of rights is being registered in your apartment against your will, and it is being registered thousands of kilometers away from you. It is quite difficult to quickly take measures to suspend or terminate such registration.”

Ownership for an apartment always has some underlying base , that is, the reason ( source) the emergence of this right in a person. This is the reason indicated a document base ownership. That is, it indicates on the basis of what event the state registered this right.

In relation to himself property rights, such a document base primary, that's why it is called title document for an apartment. He's the one establishes the law a specific person for a specific property.

Grounds for the emergence of property rights to real estate

Since the apartment can be obtained in own in several ways, then reasons maybe several.

Documents-basis the emergence of ownership of an apartment can be:

1. Contract for the transfer of ownership of housing (in case the apartment was);
2. Agreement with the Developer, or Agreement on assignment of rights of claim (if the apartment was purchased on);
3. Contract of sale, or Barter agreement (if the apartment was purchased on);
4. Certificate of paid share (If);
5. Certificate of right to inheritance (If);
6. Donation agreement(If);
7. Property division agreement (if the apartment was received as a result of voluntary division);
8. The court's decision (if the property of spouses, heirs or other claimants was divided by court);
9. Purchase and sale agreement and mortgage (if the apartment was purchased with borrowed funds from the bank);
10. Lifetime maintenance agreement with dependents (if the apartment was received under).

Everyone is like that a document base shows the Buyer in which area of ​​law to look for answers to questions about the “legal purity” of the apartment.