List of documents for registering ownership of an apartment. Which ones are needed and when?

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Published: 08/27/2016

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According to current legislation, any transaction carried out with real estate requires mandatory state registration.

This rule also applies to the right of ownership of an apartment purchased or received in any other way (for example, received as an inheritance or gift).

It should be noted that, according to Article 130 of the Civil Code, such registration requires not only the rights of owners to apartments and houses, but also to other real estate objects that cannot be moved without damaging their intended purpose (for example, plots of land, country residential buildings, other buildings and structures).

The registration procedure in the unified register is mandatory in accordance with Article 131 of the Civil Code.

Since January 2013, the procedure has been simplified thanks to the launch of multifunctional centers that simplify the sending of requests at the interdepartmental level (it is now faster and easier to obtain the necessary information).

• What documents are needed?
• Registration procedure Collection of necessary documents
• Transfer of documents to Rosreestr
• Waiting for the registration process
• Receiving a registration statement

What is ownership of an apartment?

Legally, the right of sole ownership of any object implies the ability to own, use and freely dispose of real estate and without the need for additional coordination with other members of the family or team. The only limitation is that in the process of exercising the rights of the owner, a person must not violate the rules of cohabitation in apartment buildings, as well as housing and criminal legislation.

Since 2020, a new mechanism for registering rights to real estate has been launched in Russia. According to the norms and rules of Law 218-FZ (adopted in 2020, but practically in operation since January 2, 2020), records of any actions with residential and non-residential premises, as well as land plots must be entered into the unified state register (USRN, or Rosreestr ). The following facts must be recorded in the Unified State Register of Real Estate:

• change of owner (purchase and sale, inheritance, court decision);
• encumbrances (pledge, arrest);
• registration of a mortgage or DDU;
• concluding a lease agreement;
• other property rights to real estate, which characterize their legal status and the possibility of completing individual transactions.

The right to own real estate must be registered with Rosreestr

Who has the right to register ownership of an apartment?

Regardless of whether an apartment is purchased in a new building or on the secondary market, actions to register its ownership can be carried out under Art. 15 of Law 218-FZ:

• buyer or seller personally;
• persons in whose interests a restriction of rights or encumbrance is established or lifted;
• parties to the contract who entered into an agreement secured by real estate;
• notaries who certified the transaction or carried out any other notarial action with the apartment;
• representatives whose powers are confirmed by a notarized power of attorney.

The general procedure for registering a newly acquired apartment is described in Art. 29 of Law 218-FZ:

1. Acceptance of the application and the attached package of documentation (at this stage the applicant’s identity and credentials are checked, and the authenticity of the submitted originals is visually assessed).
2. Return of documents without consideration, if there are grounds listed in Art. 25 of Law 218-FZ.
3. Examination of provided papers.
4. If the registration application and its attachments have been verified, then the information is entered into the Unified State Register of Real Estate.
5. Issuance of documentary evidence of actions taken, notification of suspension or refusal of them.

From what moment does the ability to manage housing come into force?

The question is important when it comes to calculating taxes or alienating property. And if with the purchase of an apartment on the secondary market everything is very clear - ownership begins from the date of making the corresponding entry in the Unified State Register (and you can even use it from the date specified in the purchase and sale agreement), then with the purchase of an apartment in a new building, not everything is so clear.

Formally, the moment of making an entry about the owner in the Unified State Register is also key. But a person has the right to register only after Rosreestr checks the package of documents from the developer for the first apartment in a new building (project declaration, insurance contract, etc.), which will take at least 1 month.

Attention! The future owner provides to the registration authority only the DDU agreement and the acceptance certificate with his signature. He also remains obligated to pay the state fee.

Methods of submitting documents for registration of property rights

In order for a record of the acquired right to an apartment to appear in the Unified State Register of Real Estate, a person does not have to run around the offices and stand in lines. The new legislation offers both traditional methods of submitting documents to register property, as well as modern ones using digital technologies and telecommunication channels.

The new owner can choose any of them, art. 18 of Law 218-FZ:

• personally through the MFC or when visiting branches of Rosreestr (at the location of the applicant, regardless of where the object itself is actually located);
• by postal item, valuable with an inventory and notification of delivery (subject to notarization of the signature on the registration application);
• via electronic communication channels using an enhanced crypto-signature (EDS) through the State Services portal or a page in Rosreestr.

A package of documents for registration of ownership of an apartment

Refusal to consider an application for registration of rights in the Unified State Register of Real Estate may be caused by an insufficiently complete package of submitted papers. What documents need to be submitted to the registrar to register ownership of an apartment are described in Art. 18 of Law No. 218-FZ:

• application in the form developed by the Ministry of Economic Development (Appendix 1 to Order No. 920)
• a passport/other document to identify the applicant and a notarized power of attorney (if the registration action is performed through a representative) or an order appointing a director of the organization and an excerpt from the charter allowing him to act on behalf of the legal entity without additional approvals;
• a document evidencing the transfer of ownership (purchase and sale, certificate of privatization, inheritance, court decision on recognition or transfer of rights to an object, other documents specified in Article 14 of Law No. 218-FZ).

All documentation is submitted to the registrar in the form of originals and copies. After reconciliation, the original is returned to the owner, and a copy is filed in the registry file. When submitting documents in paper form through the MFC or Rosreestr, the official is required to scan them (in this form they remain in the electronic file).

Important! There is no need to attach a payment receipt for the transfer of duties to the package of documents.

The essence of innovations in the design of an apartment in a new building

The new law significantly simplifies the procedure for registering real estate, including in a new building. The time frame for state registration is reduced; in addition, property rights can be registered in any region, regardless of the location of the property. Another innovation is that you can submit a receipt for payment of the state duty within five days after submitting the documents.

Of course, the registration procedure itself will begin only after you confirm payment of the fee, but now they have no right to refuse to accept documents without a fee. In general, many of the changes are very positive.

But there is one alarming point: such a document as the Certificate of State Registration of Property Rights is being cancelled. Now all information about real estate and its owners will be contained only in the Unified State Register of Real Estate.

As a matter of fact, those who register an apartment in a new building, starting from 2020, will not receive any supporting document, which is not very convenient for those who are accustomed to trusting “pieces of paper”. Also, some lawyers see the “weak point” of the innovations in the fact that now it is possible to re-register an apartment in any region. That is, if your apartment is criminally re-registered in your name, you won’t even know about it.

Here is how Maria Bast, chairwoman of the Russian Association of Lawyers for Human Rights, a lawyer, comments on this situation: “The only confirmation of ownership is now the reflection of this right in the electronic register of rights to real estate. The certificate of ownership has now lost its legal force; a certificate is no longer issued when registering ownership. The only confirmation is an extract from the unified state register valid at the time of issue. The extract confirms only that at the time of its receipt the person is the owner. Accordingly, no one guarantees that in a short time changes will not be made to the register that deprive the owner of his rights.

The fact is that the new changes did not affect the procedure for registering property rights in any way, since the basis for making changes to the register is, for example, an agreement or a court decision - any document of title. The problem is that being included in the register does not provide you with a document confirming that a person is the owner, just like his registration.

If earlier there was a register and confirmation in the form of a certificate, now only the register remains, and the extract is just a certificate at the moment. Transfer under an agreement, as before and now, only meant the basis for filing an application for registration of property rights with Rosreestr, and Rosreestr made a decision whether to make changes based on the submitted documents.

In our legislation, the moment of transfer of ownership is the registration of this right in Rosreestr, and not an agreement or other document of title.

One of the measures that will protect you from further criminal acts with your apartment is the following. At the time of registration of a new building in Rosreest, leave a personal statement with a request not to carry out registration transactions with your real estate without your presence and not to carry out them in other regions. It is still difficult to say how the registration authorities will react to this application and what practice will develop, but these are quite reasonable safety measures when registering ownership of a new building.”

Procedure for registering rights to a new apartment

The composition of step-by-step actions when making entries in the Unified State Register for secondary housing and new buildings is different. If a buyer is looking for a way to register ownership of an apartment in a new building, then he should study Art. 14 of Law No. 218-FZ.

The first step is to check whether Rosreestr has data on the creation of a real estate property (in general, during the construction of apartment buildings, the cadastral registration procedure is carried out by developers). If it happens that there is no information about the new apartment in the Unified State Register of Real Estate, instead of one action the buyer will need to take two:

• register the property with the cadastral register;
• register as its owner.

Starting from 2020, this can be done simultaneously, however, the timing of registration actions will be slightly delayed (up to 12 working days when transferring documentation through the MFC).

In order for the application to be considered and the procedure to proceed without delay, the package of documents (except standard ones) must include:

• a share participation agreement or an assignment agreement if the housing was not purchased from the developer;
• act of acceptance and transfer of living space;
• mortgage or mortgage repayment certificate (issued by a financial institution);
• technical plan of the premises;
• marriage documents (and other evidence if there will be more than one shareholder in the new apartment).

The procedure for registering ownership of an apartment in a new building or on the secondary market is different.

Package of necessary documents

The list of documents provided to the registration authority must include:

1. Application for registration of an apartment purchased in a new building;
2. A shared construction agreement (or other title agreement) concluded by the purchaser of an apartment with the development company;
3. Floor plan and explication of the purchased apartment, prepared by the owner independently in the BTI;
4. Acceptance and transfer certificate of housing, signed by both the buyer and the developer;
5. Passport;
6. A receipt indicating that the applicant has paid the state duty;
7. Power of attorney certified by a notary (if the documentation is submitted to the registration authority by an authorized representative of the apartment owner).

Homeowners who have decided to register real estate on their own are advised to first wait for the moment when the development company itself legally registers at least one apartment.

This guarantees the owner of the purchased apartment no registration delays due to deficiencies in the documentation issued by the developer. In addition, the registration procedure itself, as a rule, is faster, since the package of documents common to the entire apartment building as a whole has already been verified by the registration authority during the initial registration, and the remaining (unverified) documents require less time for verification.

As already mentioned, the registration procedure does not always coincide with the moment of moving into a new apartment. After signing the acceptance certificate for the completed apartment, the owner can move into it, carry out repair work and live in the purchased living space. The very fact of the absence of legally registered ownership rights does not in any way prevent the use of new housing for living.

Documents for registering ownership of an apartment - a complete list

Procedure for removing real estate from cadastral registration

How to solve problems with the management company using a complaint to the prosecutor's office, sample document

How to legalize the redevelopment of an apartment - action plan

Legal features of privatization of housing by military personnel

Extract from the Unified State Register for real estate

The procedure for registering rights to a secondary real estate market object

The secondary market is represented mainly by houses built before 2008 (before the introduction of the Cadastral Register of Real Estate in Russia), so not all premises are registered in the cadastral register. If the move-in or the last transactions with apartments in such buildings were made before the entry into force of Law No. 218-FZ, then entries about them in the Unified State Register were made solely at the request of the current owner.

When making transactions on the secondary market, the most important thing is to find out whether the new living space will bring surprises in the form of additional registered persons (especially incapacitated or minor family members of the former owners). To do this, before drawing up an agreement on the transfer of an apartment, it is better to order an extract from the Unified State Register of Real Estate on the number of shareholders and check the composition of residents.

It is impossible to obtain this information without the consent of the current owner, but if he has nothing to hide from the buyer, then he will not object to this.

Before purchasing real estate on the secondary market, it is important to make sure that minors are not registered there

Scope of responsibility of the developer: what to check

You can register ownership of an apartment in houses that have been put into operation.
A building that was previously listed under a temporary “construction” number must receive a permanent mailing address. Within no more than two months, the urban planning department of the city administration issues a corresponding resolution. The object is registered with the BTI and receives the following documents: Cadastral passport. Rosreestr assigns a unique number to a building. The developer receives a cadastral passport, giving the right to sell square meters. You can find out whether these steps have been completed on the website of the above-mentioned federal service in the reference information section on real estate.

Technical certificate. A technical passport with a floor plan of the building is issued by the BTI after measurements of the object and inventory. Without it, it is impossible to put the house into operation. Registration of a new building takes on average about six months. Formally, until all procedures are completed, new owners do not have the right to receive an extract from the Unified State Register of Real Estate. However, many developers issue keys to equity holders earlier. There is no need to be afraid of such a situation: today this is normal practice.

How to register an apartment in the cadastral register?

Registration of housing in the cadastral register now occurs simultaneously with the submission of documents for property registration. In this case, the time delay will be insignificant, and the package of necessary documentation will be supplemented with a technical plan of the premises (this is usually provided on disk).

Cadastral engineers are engaged in the preparation of the technical plan. To do this they will need:

• permission to put the structure into operation, a copy of the project, a paper on assigning an address (these must be required from the developer);
• a copy of a citizen’s passport (not necessarily Russian);
• act of acceptance and transfer of housing.

After reviewing the submitted papers, the applicant is issued a cadastral passport (from 2020, confirmation of registration in the Cadastral Register is an extract from the Unified State Register of Real Estate).

List of necessary documents for registration of sale of an apartment.

For the owner (actual owner), the transaction is considered more complex, since he is responsible for providing the main (larger) part of the documentation. The seller must prepare all the paperwork in advance to minimize possible costs. If the property was purchased with a mortgage, you will need a certificate confirming the repayment of the loan and its withdrawal from the collateral. If there is an arrest, you need to contact the bailiff service to obtain a document on its removal.

List of documents for registering an apartment purchase and sale transaction with a notary for sellers:

• passport confirming the identity of the owner or his representative;
• power of attorney for sales through another person, with specification of powers and a valid date. The notarized document indicates the type of transaction, the terms of its conclusion and the address of the apartment;
• originals of acts confirming legal ownership (sale or gift agreement, certificate of inheritance, privatization, etc.);
• technical passport registered by the BTI. If it is older than 5 years, it will have to be updated;
• an extract from the house register about registered residents, with a date of issue no less than 1 month before the transaction;
• marriage certificate and notarized consent from the legal husband/wife. It will be necessary if the property was acquired during marriage, but is registered in the name of one spouse;
• permission issued by the guardianship and trusteeship authorities (if there are minor children in the family). With the sale of the apartment, the child’s living conditions should not become worse;
• tax certificate confirming the absence of debts on contributions to the budget (if the property was received as a gift or passed on by inheritance);
• an extract from the Unified State Register of Real Estate with a list of encumbrances and/or restrictions on transactions.

If the parties have agreed that the property is transferred under a transfer and acceptance certificate, the seller can draw it up and submit it to the buyer for signature and approval. The new owner may also require a certificate of absence of debt for utilities and reconciliation of meter readings. It is legal for the buyer to provide a certificate stating that the owner is not registered with a drug or neuropsychiatric dispensary. This way you can protect yourself from claims from the seller’s relatives who claim that the rights to the apartment were registered by an insane person.

Registration of the sale of an apartment in the MFC.

A purchase and sale transaction certified by a notary is registered in the MFC if the following documents are available:

• purchase and sale agreements;
• passport of the owner or authorized representative, plus a notarized power of attorney;
• consent to the sale from the other spouse;
• approval of guardianship authorities (if necessary).

For state registration of rights, a fee is charged, the amount of which is established by the Tax Code of the Russian Federation. All documents are submitted to the MFC for consideration and registration. Duration from 3 to 12 working days. The date of state registration of ownership rights will be the day on which an entry was made in the Unified State Register of Real Estate about the emergence of ownership of real estate.

Timing and cost of registering property rights

The responsible official has only a few days to complete the register case and make an entry in the Unified State Register. Depending on which registration method was chosen, it will take no more than 2 weeks to prepare an updated statement, Art. 16 of Law No. 218-FZ.

The state registration service is not provided free of charge. The cost of the procedure depends not only on what actions the state registrar must perform, but also on who is the customer (legal entity or individual), Art. 333.33 Tax Code.

If the documents for the apartment indicate that it becomes the property of several owners at once, then the amount of the state duty is divided between them and paid in equal parts. There are no benefits or exemptions from payment for this type of payment in the Tax Code. Certain categories may try to obtain a deferment for a period of no more than a year if they prove that they meet the requirements set out in Art. 64 NK.

Recognition of property rights

Recognition of ownership rights is carried out only if the applicant has provided a complete package of documents confirming such rights.

It should also be noted that obtaining such a certificate may be refused if:

• the applicant provided false information;
• did not provide all documents or in an inappropriate form;
• made mistakes when drawing up the application.

In this case, the applicant will receive a written refusal with reasons for such a decision.

For reference, registration of ownership of an apartment purchased with a mortgage occurs much faster - within five days.

Confirmation of state registration of rights

After information about all actions with real estate began to be entered into the Unified State Register of Real Estate, there was no longer a need for state registration of sales contracts and the issuance of certificates of ownership. Since 2020, the registration procedure implies that ownership of an apartment can only be confirmed by an extract from the state real estate register.

To obtain an up-to-date extract, you need to contact either the Rosreestr departments or the MFC. If the interested party does not need a paper version of the document, then it can be ordered through the State Services portal or the online services of the Unified State Register of Real Estate. The cost of one property will depend on the method of obtaining an extract on the condition of one property:

• on paper - an individual will pay 750 rubles for it, an organization - 2,200 rubles;
• in electronic form - for a private person it will cost 300 rubles, for a legal entity - 600 rubles.

The extract itself can be received in person or by mail (the applicant must inform about the method in the request itself on the day of submitting the application). The production time will depend on where the person applied:

• results when applying through Rosreestr will be ready in 3 days (if you pick them up yourself);
• if the preparation was ordered through the MFC, then the extract will be ready in 5 days;
• The electronic version can be received much faster (from 6 to 24 hours - for an urgent order, a non-urgent request will be processed in 3 days).

A document sent by mail will be delivered a few days later.

Registration procedure

Of course, it is possible not to register ownership of the apartment, but in this case the person will not be the full owner of the apartment, since only the certificate of ownership of the property is a valid document in this case.

The procedure for registering ownership of an apartment is as follows:

• collect a package of documents;
• make an application;
• pay the state fee;
• attach the application and receipt for payment of the state duty to the package of documents and submit them to Rosreestr;
• obtain a certificate or refusal to issue a document.

After the registrar receives and checks the package of documents, the applicant receives a corresponding receipt and takes the original documents, leaving only copies for the further procedure. In the latter case, you need to correct the mistakes made and go through the registration procedure again. If the refusal was unlawful, then the person has the right to go to court with a corresponding statement of claim.