What is Rosreestr?

Miscellaneous

The authorities of the Russian Federation established at various levels of functioning are vested with special powers. Among those dealing with cadastre and real estate issues is Rosreestr. What are the specifics of the work of this department? What is its organizational structure?

General information about the department Rosreestr - what is it? This name corresponds to the federal department - the Cadastral Service, which carries out activities related to the reflection in state registers of information about rights to real estate

, as well as about transactions with him. In addition, the department is responsible for infrastructure related to spatial data of the Russian Federation. The Cadastral Chamber is subordinate to Rosreestr.

Department location

Where is Rosreestr located? The address of the central office of the department, which is located in Moscow: st. Vorontsovo Pole, 4a. Rosreestr specialists resolve many issues over the phone—there is a support service for this. By contacting there, you can clarify certain information about where Rosreestr is located in a particular region, the address of the corresponding agency representative office in a constituent entity of the Russian Federation.

History of the department

Let's look at how Rosreestr was created (the official name is the Federal Registration of Cadastre and Cartography).

It can be noted that its establishment was preceded by a rather long history of the development of cadastral legal relations in Russia. Among the most famous events reflecting these relations is the implementation of the General Land Survey in accordance with the Manifesto of September 19, 1765. Subsequently, land managers Russian Empire continued to solve problems related to the delimitation of various lands and possessions. In 1907, a separate Committee was formed, responsible for land management matters. In 1911 it was adopted separate Regulation

regulating this area. After the Revolution of 1917, the land in the state was nationalized. As part of the strategy for subsequent socialist construction, various ones were issued for the use of citizens and business entities. For example, in the 1930s could receive agricultural artels. To do this, government agencies had to solve the problems of land surveying, that is, carry out functions close to those performed by modern federal Service state registration cadastre and cartography.

In the post-war period, the Soviet leadership placed emphasis on the development of virgin lands. This direction of socialist construction, again, involved the introduction and improvement of approaches to land surveying of territories for various purposes.

After perestroika, the institution of private land ownership returned to Russia. Appeared a large number of property owners - citizens, organizations. Legal relations with their participation required the state to establish a special competent agency that would regulate the procedure for concluding real estate transactions.

Establishment of the department

The department in question was established during the administrative reform process in March 2004. Initially, the body was called Rosregistration. He was responsible for resolving a fairly wide range of issues. For a certain period, within the framework of the corresponding departmental vertical, the Rosreestr of real estate objects functioned. In March 2009, the period of transfer of its functions to Rosreestr was completed.

Thus, gradually, taking into account the peculiarities of the country’s socio-economic development, the authorities came to the establishment of such a structure as Rosreestr. What is land management in the modern sense, which reflects the specifics of the work of the department in question?

First of all, this line of activity involves a detailed study by competent specialists of the condition of various real estate objects, especially if they have a significant economic purpose. However, land management is not the only function performed by Rosreestr. of this department today?

It is aimed, first of all, at the formation of a unified system for cadastral registration of various real estate transactions for the entire country, and the effective implementation of legislative norms in this area of ​​legal relations.

Main powers of Rosreestr

The main powers that Rosreestr has are as follows:

• maintaining a national register of real estate rights, cadastre, catalog of geographical names;
• maintaining a register state fund information obtained as a result of land management;
• exercise of supervisory powers;
• implementation of land monitoring - within its competence;
• implementation of control over land management;
• carrying out examination of documentation related to land management.

Accountability of Rosreestr

The agency in question is accountable to the Russian Ministry of Economy. Before this, it was subordinate to the Ministry of Justice of the Russian Federation. In its activities, the body is guided by the Constitution of Russia, federal sources of law, international agreements, and departmental acts of the Ministry of Economic Development.

Registration of various objects and legal relations in Rosreestr is carried out through the federal office and territorial structures. In some cases, various subordinate organizations are involved in the work of the department. If necessary, registration with Rosreestr is carried out through the interaction of different people on issues within their sphere of competence. In addition, the agency’s activities may be related to communications with municipal public structures and other economic entities.

Organizational structure of the department

The federal body in question is headed by a director who is appointed to the position by the Government of the Russian Federation on the recommendation of the head of the Ministry of Economic Development. The head of the department has deputies. They, in turn, are appointed by the head of the Ministry of Economic Development on the recommendation of the head of the department.

Various departments of Rosreestr solve a wide range of problems related to the exercise by citizens and organizations of their rights in the field of real estate transactions and other legal relations, participation in which is within the competence of the department. Organizational structure its various divisions are determined at the level of specific representative offices of the relevant federal body.

This is the specificity of the activities of the department, whose name sounds like Rosreestr. We have studied what the Federal Cadastre Service is. This government structure is responsible for regulating a wide range of legal relations in real estate transactions involving both individuals and legal entities.

The procedure for state registration of any real estate within the Russian Federation governed by the following legal sources:

• Federal Law No. 122-FZ (clause 7) of July 21, 1997 “On state registration of rights to real estate and transactions with it”;
• Civil Code of the Russian Federation (Article 551, paragraph 1). This article talks about the abolition of mandatory registration of purchase and sale agreements in the Russian Federation from 03/01/2013. That is, previously two registration entries were made with the Unified State Register, and now one is made only upon the transfer of ownership.

Article 551. State registration of transfer of ownership of real estate

1. The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration.
2. Execution of a contract for the sale of real estate by the parties before state registration of the transfer of ownership is not a basis for changing their relations with third parties.
3. In the event that one of the parties evades state registration of the transfer of ownership of real estate, the court has the right, at the request of the other party, and in cases provided for by law Russian Federation about enforcement proceedings, also at the request of the bailiff, make a decision on state registration of the transfer of ownership. A party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.

The question arises: But what to do with objects for which legal acts were recorded before these regulatory documents came into force?

No answer: rights to such apartments must undergo state registration without fail.

The owner always has a choice - whether to register the rights to the apartment with the Federal Registration Service (with registration of the transfer of the right to the Unified State Register) or contact a notary (?). After all, he has all the powers to certify the fact of purchase and sale between the two parties.

However, this choice must be meaningful, and the significance of state registration and its legal meaning should be clearly understood.

During state registration of any real estate transactions, information about changing owners is reflected in the Unified State Register of Property Rights (USRP).

Only after this can owners freely manipulate your own home:

• sell;
• present;
• rent out;
• bequeath;
• give bail;
• position as property when mortgage lending to expand living space.

Unlike state registration, concluding an agreement through a notary will not provide such broad powers.

Notarial agreement only certifies the transfer of ownership to the new owner. That is, a new property right has arisen, but it has no legal force.

There is one more catch that threatens the buyer (that is, the new owner). The fact is that sometimes scammers “sell” the same apartment twice, if not three times.

The scam unfolds rapidly, with total preparation “on all fronts” (even down to fake notaries!), using duplicates of title documents or even using fake forgeries.

What does state registration of a transaction for the sale and purchase of an apartment provide? Companies House :

• when contacting the state registrar, it is necessary to find out whether the current buyer is buying an apartment that was already sold a little earlier;
• your transaction registered through the UFSR is protection against fraudulent sales of this apartment behind your back. That is, if someone comes tomorrow and declares that he also bought the same object, you can safely present him with your legal Certificate of State Registration of Property Rights along with a registered agreement and politely say goodbye.

A sample apartment purchase and sale agreement can be downloaded.

Can the procedure be refused?

Sometimes the registration authority finds the declared transaction impossible. Reasons may vary, although they all relate to the documentary insolvency of the object:

• the documents submitted for registration (of course, not all, but one or two of them) have signs of falsity. Authenticity is judged on the basis of an in-depth legal examination carried out by employees of the Federal Registration Service after receiving the documents;
• All documents submitted for registration are genuine, but circumstances have been identified due to which the alienation of the apartment to the new owner is impossible. For example, persons temporarily deregistered (those in prison, on a long-term foreign or polar business trip, etc.) apply for the use of an apartment;
• other reasons.

When does registration take place?

The registration procedure is not difficult. How does registration take place:

• both parties go to an appointment with the Federal Registration Service of the district where the object is registered;
• present their passports;
• the registrar carries out a visual inspection of the submitted documents (for defects, marks, completeness);
• the buyer and seller write applications to the registration service;
• If the package of documents is satisfactory, the registrar issues a receipt to each party confirming that the transaction has been completed (indicating the list of documents).

At the end of the waiting period, the new owner receives documents for the apartment (issued in his name) at the Federal Registration Service’s issuance window.

The seller is also given official document, and it is advisable to pick it up(copy of the purchase and sale agreement). It may be required in the future when you have to resolve the issue in connection with the sale of real estate.

Where to contact?

Where and how many days does it take to register an apartment purchase and sale agreement? Who registers the contract and how is it done?

Each city has its own department of the Federal Registration Service. Small rural settlements are assigned to the registration service in the regional center, where there is a department for working with the region.

But this path, alas, is not always smooth. The number of transactions carried out is quite large, so it is often incredibly difficult to get an appointment with the registrar.

To avoid hours-long queues, there are alternatives:

• services of a real estate agency with a good reputation;
• MFC (multifunctional center where juristic documents, and transactions are registered an order of magnitude faster). This structure appeared not so long ago, but works very successfully in a number of large cities in Russia;
• Contact a competent lawyer who deals with housing issues. Such specialists always have access to registrars in line with business relationships. In addition, lawyers will help level out the slightest details of the upcoming transaction and secure it.

What documents are required?

What documents must be submitted to the registry office when selling or buying an apartment? To register a purchase and sale transaction, you need to collect a package of documents:

When the documents for registration of the apartment purchase and sale agreement have been collected, at the time of their submission filled out directly in the registrar's office.

It provides a list of documents submitted for the sale, and also indicates the preferred form of receiving the registered purchase agreement and Certificate (at the extract office or by mail).

Deadlines

What are the deadlines? How many days does it take to register an apartment purchase and sale agreement in the registration chamber (Rosreestr)?

According to the law, the period for registering an apartment purchase and sale agreement is 30 working days. Sometimes documents are ready much earlier - in 10-15 days. Registration through the MFC takes no more than 5-7 days.

You can inquire about readiness by phone indicated in the extract received from the registrar. Some cities have adopted a different system: any questions regarding transactions are asked through a common multi-channel helpline.

When registering through the MFC, you are also given Help numbers. It is recommended to call there within 10 days from the date of submitting documents.

For what? The fact is that you can never know with a guarantee whether a deal will go smoothly or will be suspended. Any suspension is accompanied by an official letter, which is sent by mail at the expense of the budget.

All this will take time. So as not to lose him, It’s better to call the help desk and find out if there are any suspensions for a specific transaction.

Not every transaction goes smoothly and smoothly. There are certain pitfalls, legal difficulties, problems with owners and third parties claiming the apartment.

To successfully complete registration, it makes sense to contact competent lawyers specializing in real estate matters.

On the territory of Moscow, functions for organizing unified system State cadastral registration of real estate, state registration of rights to real estate and transactions with it, as well as spatial data infrastructure is carried out by the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow (Rosreestr Office for Moscow).

The functions of the cadastral registration body in the region are performed by the branch of the Federal State Budgetary Institution "Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography" in Moscow (branch of the Federal State Budgetary Institution "FKP Rosreestr" in Moscow). The main task of the branch is to maintain and provide information from the state real estate cadastre in Moscow. The branch also exercises the powers of Rosreestr in Moscow to provide public services in the field of registration of rights to real estate transactions and provision of information from the Unified State Register of Rights and Real Estate Transactions.

Structure

Structure

Office of the Federal State Registration Service,

cadastre and cartography for Moscow