Simplified registration procedure. Has it become easier? In the new year - with new extracts and register From January 1, a new real estate law

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

Comfortable transactions for the purchase / sale of real estate

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

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

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

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

Possibility to save time when registering real estate

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

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

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

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

Reliable real estate registration

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

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

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

From January 1, 2017, the rules for registering real estate have changed. This is due to the entry into force of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”.

Finding out the new rules for registering real estate from 2017 will be of interest to everyone, and not just lawyers practicing in the relevant field. After all, almost every person sooner or later faces the need to register rights to real estate. Buying an apartment, mortgage, inheritance of an individual residential building - all this requires a series of actions to formalize your rights to real estate.

Let's see what has changed and what the new law on real estate registration brings us in 2017 and subsequent years.

General overview of the law

Let's start with the basics - why do you need to register your rights, for example, to an apartment?

To answer this question, let us turn to Part 3 of Art. 1 of Law No. 218-FZ.

“State registration of rights to real estate is a legal act of recognition and confirmation of the emergence, change, transfer, termination of the right of a certain person to real estate or restriction of such a right and encumbrance of real estate.”

After passing through a procedure defined by law, the state recognizes for a citizen, for example, the right to own, use and dispose of certain immovable property (ie, the right of ownership).

After the sale of the apartment, the seller's ownership of it ceases simultaneously with the registration of the transfer of this right to the buyer.

Also, not only the rights themselves are subject to registration, but also restrictions on rights and encumbrances. For example, mortgage.

All this is necessary to determine the legal status of real estate objects and ensure control over the legality of transactions made with real estate both in the interests of their participants and in the interests of everyone else.

Law No. 218-FZ is notable for the fact that it approaches the registration of rights to real estate in a more systematic way than it was before. It simultaneously regulates relations in cadastral registration and state registration of rights to real estate.

Previously, these relations were regulated respectively by Federal Law No. 221-FZ of July 24, 2007 “On Cadastral Activities” and Federal Law No. 122-FZ of July 21, 1997 “On State Registration of Rights to Real Estate and Transactions with It”.

The new law greatly simplifies registration procedures through the unification of the unified state register of rights to real estate and transactions with it (EGRP) and the state real estate cadastre (GKN).

On their basis, a unified state register of real estate (EGRN) is created, which consists of the following elements (part 2 of article 7 of Law No. 218-FZ):

1. real estate register (real estate cadastre);
2. register of rights, restrictions of rights and encumbrances of real estate (register of rights to real estate);
3. register of borders;
4. registry cases;
5. cadastral maps;
6. accounting books.

The procedures for accounting for real estate objects and registration of rights to them are now carried out by one body - the Federal Service for State Registration, Cadastre and Cartography (Rosreestr).

Previously, cadastral registration was carried out by cadastral chambers subordinate to Rosreestr. Accordingly, a person first had to apply to the cadastral chamber, put the property on the cadastral register. Only after that he could start registering rights by contacting Rosreestr.

Two procedures, two organs, two sets of documents... It's inconvenient, don't you agree?

And now the process of registration of rights is simplified, there is one body, one set of documents, time is saved, unnecessary nerves are not wasted (nerves are never superfluous, I will say so).

Now more about the registration procedure itself.

The procedure for registering rights

State registration of rights and cadastral registration of a real estate object become a single procedure. It is carried out on the basis of an application and a certain set of documents submitted to Rosreestr.

In addition to the application, the grounds for registration of rights may be:

1. acts issued by public authorities or local self-government;
2. contracts and other transactions in relation to the property;
3. acts on the privatization of residential premises;
4. certificates of the right to inheritance;
5. judicial acts that have entered into force;
6. acts on the rights to real estate;
7. boundary, technical plan, survey act prepared as a result of cadastral work;
8. a scheme for locating a land plot on a public cadastral map when carrying out state cadastral registration of a land plot formed for the purpose of providing it for free use and located on the territory of the Far Eastern Federal District;
9. other documents confirming the existence, occurrence, transfer, termination of the right, restriction or encumbrance of the property, the occurrence of other circumstances provided for in federal law.

Although Law No. 218-FZ provides for the procedure for simultaneous state registration of rights and cadastral registration of an object, they can also be carried out separately. This is cadastral registration without state registration of law and vice versa.

Each of the three options is carried out in its strictly defined cases.

There are not so many cases for the simultaneous provision of two services:

• creation of a real estate object that does not require a permit for commissioning;
• formation of a real estate object (there are three exceptions provided for in clauses 8 - 10, part 5, article 14 of Law No. 218-FZ);
• termination of the existence of the property;
• state registration of restrictions and encumbrances.

In all other cases, actions for registration of rights and cadastral registration are carried out separately.

For example, most properties, in particular apartment buildings, require a building permit.

In this case, the authority authorized to issue the permit sends the permit itself, an application for cadastral registration and other necessary documents to the Rosreestr.

Rosreestr, on the basis of these documents, puts the property on cadastral registration.

After that, the right holder (for example, the developer) independently registers his right to the object.

When transferring ownership, it is not required to register real estate for cadastral registration. Such accounting has already been carried out, it is only required to register the transfer of ownership.

Place and terms of registration of rights

Previously, an application had to be submitted to the territorial body of Rosreestr or the cadastral chamber at the location of the property.

Now this rule does not apply. An application for cadastral registration and registration of rights can be submitted to any convenient division of Rosreestr or a multifunctional center (MFC).

The registration deadlines are as follows:

• with simultaneous cadastral registration and registration of rights through Rosreestr - 10 working days, through the MFC - 12 working days;
• registration of the right through Rosreestr - 7 working days, through the MFC - 9 working days;
• cadastral registration through Rosreestr - 5 working days, through the MFC - 7 working days.

Also in Part 1 of Art. 15 of Law No. 218-FZ establishes deadlines for registration actions carried out on the basis of various kinds of judicial acts or acts of authorized bodies, a certificate of inheritance, for registering a mortgage, etc.

Supporting documents and other innovations

Certificates of state registration of the right to real estate are no longer issued.

The document confirming the ownership of real estate is an extract from the USRN. Order of the Ministry of Economic Development of Russia dated June 20, 2016 No. 378 provides for several forms of extracts:

• about the main characteristics and registered rights to the property;
• on the transfer of rights to the property;
• on the rights of an individual to real estate objects he or she owns or has;
• on the date of receipt by the registration authority of the application for state cadastral registration, state registration of rights and documents attached to it

An extract can be provided by Rosreestr both in paper form and in the form of an electronic document. The turnaround time has also been reduced. As a rule, an extract is issued within no more than three working days.

This is a positive moment. Negative - you will have to pay for the provision of an extract from the USRN, and their prices have increased compared to the prices for extracts from the USRR.

Tariffs are approved by the Order of the Ministry of Economic Development of Russia dated May 10, 2016 No. 291. The cost of an extract about the property is:

• for a paper document - 750 rubles. for individuals, 2,200 rubles. - for legal entities;
• for an electronic document - 300 rubles. for individuals and 600 rubles. for legal.

If desired, you can order courier delivery of the extract. Of course for an additional fee.

What else is worth noting?

Appeared. What is it and how the rights to them are registered, I have a separate article, there is a link, we will not dwell on this here.

Cadastral registration and registration of rights can be carried out without the participation of the applicant, since information will be entered into the USRN, including through interdepartmental interaction.

For example, the Ministry of Internal Affairs of Russia is obliged to send information about changes in information about an individual, notaries - information about the issuance of a certificate of the right to inheritance, the Federal Tax Service of Russia - information about changes in information about legal entities and individual entrepreneurs, etc.

If the Rosreestr receives the relevant documents in the order of interdepartmental interaction, then it simply enters information into the USRN on their basis and notifies the copyright holder about this.

Many changes have taken place. Many procedures have been simplified. On the other hand, some moments have become more difficult. For example, there are more grounds for suspension of registration activities than before. There were also grounds for refusing to accept documents from the applicant, which did not exist before.

These are the main changes to real estate registration from 2017 that will be in place, hopefully, for years to come.

If you have additional questions on the topic, ask in the comments (if there is no answer for 1-2 days, this is normal, I will definitely answer within a week). Be sure to subscribe to my . My Telegram channel also always at your service.

See you in the next articles!

This article will be useful to anyone who plans to purchase a home in the near future. To complete this procedure, you need to understand how the registration of ownership of real estate has been going on since 2019. After reading this material, you will learn how to register ownership at the MFC or through the State Services portal when buying a home or obtaining a mortgage and at the same time avoid refusal to issue a certificate.

In our country, all real estate is registered and registered with government agencies. This provision is enshrined in Federal Law No. 218, which entered into force on January 1, 2017. The supervising body in the field of real estate registration is Rosreestr, which maintains the Unified State Register of Real Estate (EGRN). The database is publicly available, but only Rosreestr employees can edit it.

At its core, state registration of ownership of an apartment is the entry of data about the new owner into the USRN.

This is important for the state, since real estate is taxed. This is also important for the owner, because only after registration does he become the owner and can dispose of the property at his own discretion. But he receives the right to use housing for personal purposes from the moment of registration of the transaction with real estate, after signing the contract of sale and the act of transfer.

Registration procedure

In 2017, the registration procedure was significantly simplified, the number of documents required for this was reduced, and the terms for providing the service were reduced.

Contacting the Registration Chamber or MFC

If you want to personally deal with this issue, you have two options.

1. The Registration Chamber (Rosreestr) is an agency that directly provides registration services;
2. The MFC will help you collect all the necessary documents, then they will be handed over for registration of real estate. When contacting the MFC, you will not need to fill out an application yourself. Your documents will be accepted, checked, if shortcomings are found, they will help to eliminate them. Thus, the probability of refusal in registration is significantly reduced.

Internet

By registering on the Gosuslugi.rf website, you get the opportunity to arrange all kinds of services online. More and more Russians are starting to use this service. Through the State Services, registration of ownership of real estate is also available. You just need to fill out the application form on the website and upload the necessary documents after scanning them.

After accepting your application, you will be assigned a date and time for a visit to Rosreestr with original documents. Upon completion of all checks, the ownership will be registered, and no further action is required from you.

Advantages of the State Services website:

• filling out the application when and where it is convenient for you;
• lack of queues;
• individual reception at the registrar at the appointed time;
• a guarantee of the quality of the services provided, because the control of higher authorities over the execution of online requests is quite strict.

All users registered on the State Services have a digital signature, therefore, the submission of an application from this resource to any state institution is considered as an official appeal and is subject to legal consideration.

Intermediary companies

An option for busy people and those who do not want to knock on the thresholds of state institutions. There are law firms that are willing to take on these chores. In order to use their help, you need to issue a notarized power of attorney.

Step-by-step instruction

Preparation of documents

Documents that must be submitted to the MFC to register the ownership of the apartment:

• passport (in person);
• a power of attorney or a document confirming the authority (when contacting through an intermediary);
• a contract of sale or other document certifying the transfer of ownership;
• a copy of the receipt for payment of the state duty;
• statement;
• judicial acts, in case of transfer of ownership through the court;
• a certificate, if the registration of the right of joint ownership of spouses and a minor child takes place on real estate acquired using maternity capital. .
• If your property is still under construction, the ownership is registered under the DDU (participation agreement).
• Other documents certifying the transfer or emergence of ownership: deed of gift, inheritance certificate, bailiff’s order, permission to put the facility into operation, privatization agreement, etc.

When registering property rights by gift, by inheritance, by will, the documents are preliminarily drawn up at the notary.

A notary prepares a contract of sale in the following cases:

• if the apartment is sold on a life-long basis with a dependent;
• when selling shared property, including by all owners at once;
• if the apartment belonged to a minor or incompetent person.

Visit to Rosreestr or MFC

The terms for registering ownership of real estate in 2017 are approximately the same for both registration methods.

Application preparation

1. When applying to Rosreestr, you write the application yourself according to the model.
2. The MFC will do everything for you. You just sign the completed application.

Payment of state duty

The state duty for registering property rights is calculated according to the tax code and depends on the type of object, for example, in the case of an apartment, it is 2,000 rubles.

You can pay the fee both through the bank and through the terminal, as well as directly at the MFC. If you draw up a contract with a notary, then you will need to pay for his services.

Obtaining a certificate

Not so long ago, a certificate of ownership was issued on hand in paper form. This practice has been abolished since 2017. Such evidence is no longer required by law. Ownership is certified by an official extract from the USRN, where, in addition to the technical parameters of the object, there is information about its owner. Therefore, now the procedure for registering real estate in ownership ends with the issuance of an extract.

If you purchase housing with a mortgage, data on the restriction on the alienation of the object are entered into the USRN without agreement with the bank. This is the only difference from the standard procedure that should not bother you, because as soon as you pay off the mortgage, all restrictions will be lifted.

Top Law Firms

Many law firms provide such services to assist in the registration of ownership of real estate. The price for them varies depending on the level of the company, region, scope of services. Many firms offer full support for the purchase and sale of an apartment. Of course, it will cost much more than just help with paperwork.

Lawyer

You can contact the Lawyer through their website, where you will be asked to fill out an online application form. In a special field, describe your situation in detail and send a request. Having paid a symbolic amount (700 - 900 rubles), you will receive an exhaustive answer with clear guidance and will be able to safely begin to act.

Please read the available answers before submitting your question. It is possible that a similar situation has already been described there. If you do not want to deal with the design yourself and want a lawyer to do everything for you, indicate this when filling out the form. Surely there is a specialist cooperating with the Lawyer, and living near you. He is willing to take on this job.

Ground company

This firm specializes exclusively in land issues. The company's specialists are able to perform all the necessary actions to legalize the land.

Maris

The company operates in Moscow and Moscow Region. The type of activity is connected exclusively with the registration of real estate in the property, so the company's experts have gained vast experience in this area.

How can Maris lawyers help you?

• prepare all necessary documents;
• arrange them in accordance with the requirements;
• conduct an examination of documents;
• provide full legal support and verification of the purity of the transaction.

The first consultation is free, assistance in registration of property rights is estimated at ten thousand rubles. Result ten days after application.

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

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

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

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

In accordance with the legislation, putting an object on cadastral registration is a prerequisite for registering property rights to it. Exceptional cases when registration of rights is allowed without putting the object on cadastral registration are defined by the law "On State Registration of Real Estate".

This happens, for example, in cases where a real estate object, information about which is already contained in the USRN, is sold, bought, donated, or an encumbrance is imposed (or removed) on it.

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

What fundamental innovations have appeared in the procedures for registration of rights and accounting?

The innovation of the legislation is that citizens have the opportunity submit one applicationfor holdingregistrationandrights and cadastresWowaccountingbut for the same object. In this case, both actions will be performed at the same time..

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.

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

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

Approximate list of documents:

Application for registration of property rights (filled in by an employee of Rosreestr or MFC);

The document is the basis for the transfer of ownership (Contract of sale, donation, exchange, Court decision, etc.);

Power of attorney for representatives (when submitting documents through representatives);

Receipt for payment of the state fee (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.

How has the registration process changed?

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

The new law provides for several ways to receive services: in electronic form, as well as in person at the office of the Federal Cadastral Chamber of Rosreestr and the My Documents multifunctional center.

In addition, documents under the new law can be obtained 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.

Yes, according to the law an application in relation to the 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.

Updated on 10/24/2017 09:04

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

1. A new real estate registry will appear

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

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

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

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

2. Clarified real estate objects that are subject to

cadastral registration and the rights to which are registered

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

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

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

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

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

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

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

3. Take into account real estate and conduct state registration

the rights to it will be Rosreestr

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

4. Cadastral registration of objects and state registration of rights will be

carried out both simultaneously and separately

4.1. When accounting and state registration are carried out simultaneously

As now, it will be impossible to register rights to real estate objects as a general rule if they are not taken into account in the real estate cadastre.

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

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

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

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

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

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

4.2. When accounting and state registration are carried out separately

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

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

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

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

Changing the main characteristics of the object.

5. Changed the rules for applying for a cadastral

real estate accounting and state registration of rights

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

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

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

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

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

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

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

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

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

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

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

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

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

5.2. The only case of refusal to accept documents has been established

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

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

5.3. Clarified cases in which documents are returned without consideration

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

Inconsistency of the format of the application and documents submitted in electronic form with the established format;

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

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

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

If there is no information on the payment of state duty in the State Information System on State and Municipal Payments and no document confirming its payment has been submitted;

There is a record in the USRR that it is impossible to register a transfer, restriction of rights and encumbrance of real estate without the personal participation of the owner or his legal representative.

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

6. Reduced the total period of cadastral registration

and state registration of rights

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

When submitting documents to Rosreestr, it will be:

5 working days - for cadastral registration;

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

7 working days - for state registration of rights.

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

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

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

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

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

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

7. The grounds for the suspension of the cadastral

accounting and state registration by decision of the state registrar

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

According to the current Law on State Registration of Rights to Real Estate, the reasons for suspension, in particular, are the state registrar's doubts about the existence of grounds for state registration of rights, the authenticity of documents or the reliability of the information provided in them.

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

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

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

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

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

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

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

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

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

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

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

9. Cadastral registration and state registration can be carried out

without participation of the copyright holder

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

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

FMS of Russia - information on changes in information about an individual;

Federal Tax Service of Russia - information on changes in information about organizations and individual entrepreneurs;

Courts or authorized bodies that have seized - a certified copy of such an act;

Notaries - information about the issuance of a certificate of inheritance.

Upon receipt of documents (the information contained in them) in the manner of interdepartmental interaction, Rosreestr enters information on their basis into the USRN (except for cases when it is impossible to enter them) and notifies the right holder of the entry.

10. Who is responsible for what in the implementation

cadastral registration and state registration

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

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

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

11. Conditions for payment of compensation for the loss of

housing rights

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

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