Transfer of ownership of real estate in 2020

The process of transferring ownership of real estate must be recorded in the state register. This gives a certain degree of reliability. If you need to confirm that residential or non-residential property (for example, an apartment, house or even a dormitory) belongs to you, then using other methods to prove your case will be very problematic.

The state registration mark is practically the only document that can confirm the transfer of ownership of real estate to a specific person.

What does the legislation say about this?

If a person has not yet properly documented the fact of the transfer of real estate into ownership, then no controversial situations will arise as long as he simply enjoys the object that is now in his hands. However, if a person begins to actively use real estate that actually belongs to him, but this is not enshrined in law, then he may have conflict situations with representatives of the law.

The fact is that the regulations of our country say that a citizen does not have the right to conclude any agreements if the fact that the property belongs to him is not fixed at the legislative level. Otherwise, a citizen simply will not be able to fully manage his property. And all transactions that he makes during the entire period of absence of appropriate registration will not have legal force, and they cannot be called legal in any way.

To be able, for example, to rent out property or even sell it, you must present the appropriate certificate. As a rule, such a requirement is put forward by all citizens who wish to enter into any transaction with the owner of real estate. If the owner cannot do this or refuses, then all confidence in him on the part of his potential counterparty is lost.

Therefore, we can say for sure that the moment of transfer of ownership must be documented in accordance with all norms and standards of the law. This requirement is enforced by law. The reason for this need is so that citizens who plan a similar moment of business relations with the owner of the property are sure that he owns this property legally. Consequently, all concluded transactions will be carefully protected by law from the standpoint of respecting all rights and obligations of both parties.

In addition, a state certificate for a specific type of real estate will confirm that all operations on the part of the owner are authorized. This document provides protection for the person to whom the property is transferred to full and unconditional ownership.

Ownership - from the moment of registration

Sh. Aubakirova,

Ch. specialist secretary of the Specialized

Interdistrict Economic Court of Astana

One of the ways to protect a violated (challenged) property right is its recognition in court. In this case, a court decision not only recognizes or does not recognize the right of ownership of property to the plaintiff or defendant, but can also create such a right.

The right of ownership is a measure established by law of the permitted behavior of an authorized person to own, use and dispose of property belonging to him with his own authority and in his own interest. This definition is based on the norms of the Civil Code, in which the content of the right of ownership (Article 209) is revealed by indicating the rights of ownership, use and disposal of one’s own, that is, property belonging to the owner. In addition, in paragraph 2 of Art. 1 of the Civil Code provides for the possibility of citizens (individuals) and legal entities to acquire and exercise their civil rights (including the right of ownership) of their own will (i.e., their power) and in their own interest, but without violating the rights and legitimate interests of other persons . This means that the owner’s exercise of subjective rights does not depend on anyone’s will and is not limited by anything except the instructions of the law.

The Civil Code, in addition to the general permission for the owner to carry out any transactions with his property, separately provides for the right to transfer it into trust management to another person (trustee). Such a transfer does not entail a transfer of ownership; the trustee is obliged to act in the interests of the owner or a third party indicated by him (clause 4 of article 209 of the Civil Code). Revealing the content of property rights, the law names the powers of possession, use and disposal.

In accordance with Part 1 of Art. 6 of the Constitution of the Republic of Kazakhstan in Kazakhstan, state and private property are recognized and equally protected.

The Civil Code of the Republic of Kazakhstan regulates the grounds for acquiring property rights.

So, according to Art. Art. 235-237 of the Civil Code of the Republic of Kazakhstan, the basis for acquiring ownership rights is the creation, invention, production or acquisition of ownership rights on the basis of a contract of sale, exchange, donation or other transaction for the alienation of this property, as well as in the event of the death of a citizen, reorganization of a legal entity, ownership of the property belonging to him passes by inheritance to other persons in accordance with a will or law, to legal entities - legal successors of the reorganized legal entity.

How is state registration carried out?

According to the law of our country, any citizen has the right to transfer his property into the possession of another person. State registration was established in Russia at the end of the last century and is valid until it is replaced by some other law, which will subsequently regulate such legal relations.

There is no period during which it is necessary to register ownership of another person. That is, our legislation does not establish a clear time frame for documenting the fact of transfer of property. However, a citizen who transfers property to another person must justify his actions with a number of reasons. Since it is subsequently necessary to exclude the transfer of rights from the selected subject to another. If the right to dispose of this property is transferred into the hands of a specific person, it will not be possible to draw up, for example, a deed of donation for the same property or include it in a will.

In that situation, if a citizen does not document his own rights to real estate, then it will not be easy for his relatives to subsequently prove that they have the right to this property, even if the matter comes to trial. Finding out who is right and who is wrong in court often takes a very long time, but this does not guarantee that the court will resolve the situation in your favor.

To go through the procedure in the state register, you need to perform several simple steps:

submit a standard set of documents to the authorized body;
check whether the transfer of rights is a legal action on the part of the applicant, and whether the documents are genuine;
make sure that there are no other reasons for legal disagreements between counterparties.

If there are no grounds for which the process of transferring property is impossible, then a certain entry is made in the state register, which confirms that the owner no longer has rights to this real estate.

Each document is marked with a stamp and date of acceptance. This date must also coincide with the one indicated in the state registration document.

However, during the process, circumstances may arise on the basis of which the issuance of a certificate and the entry of an appropriate entry into the state register may be refused:

documents submitted for state registration are not presented in full or their authenticity is subject to some doubts on the part of representatives of the law;
a citizen who is the owner of real estate did not provide all the information necessary to continue the registration process, or it turned out that he does not have ownership rights;
the owner did not register the rights to the property when he received it at his disposal; therefore, he does not have any authority to transfer the object into the hands of another citizen.

In such a situation, it is necessary to imagine a clear line between the right to own real estate and the right to dispose of it. That is, if a citizen acquired some kind of real estate as a result of a purchase, or it was transferred to him by right of inheritance, then he is at this stage the owner of the real estate. However, he will be able to dispose of it legally only when he completes state registration and receives the appropriate certificate. It will confirm his rights to carry out transactions with this object or around it.

There are several ways to register property, among which there are three main ones:

if the owner of the real estate and the citizen to whom it will subsequently be transferred into possession and disposal, personally appear at the local branch of Rosreestr and submit a corresponding application;
if both parties, having collected all the necessary documentation, send it by registered mail to the appropriate authority with notification of delivery of the letter to the destination address;
if the owner and recipient of rights to real estate (premises) send documents through the official Internet portal of Rosreestr for consideration.

If both parties come to the Rosreestr branch in person, then they jointly and certainly in the presence of an employee of this branch fill out all the necessary forms. If the documentation is sent via mail, then the mutually signed agreement is notarized. Copies of passports and signatures of the owner and citizen who in the future will become the owner of the real estate transferred to him are also attached. To send all the necessary papers via electronic resources, it is important to have electronic signatures of both parties entering into a similar type of agreement. This can be found in the articles of the law or in the relevant sections of regulations.

Moment of transfer of ownership of real estate

This article describes in detail the moment of transfer of ownership of real estate, and everything you need to know about it. Recently, the transition to basic ownership and to any property in the form of real estate has been considered one of the pressing issues. All this can be determined not only by the activation of the real estate market and all the activities in which it operates, but also to all this it will be possible to extend any various fraudulent cases carried out by coordinating the purchase and sale procedure. And according to this, it is worth considering more important points from this entire procedure. How to consider the moment of transfer of ownership of real estate?

Any moment of transfer of ownership of real estate is determined by

The process of transferring the main right to own real estate in particular differs markedly from a similar situation, which will often be carried out only when registering property, which, accordingly, is classified as movable property. In accordance with federal legislation on the main basis of Russia, this entire moment will be determined only by a single date of state registration. The same issue will be addressed in accordance with Stat. 551 of the Civil Code of Russia, which provides that the main transfer of property rights from the seller to the buyer will be carried out only in the main transactions for the purchase and sale of all immovable structures, which will also have to be registered with certain government bodies.

Naturally, it is any such feature that will drag everyone along with it, and as a result, another investigative case may arise. In accordance with the legislation of the Civil Code of the Russian Federation, if during the action such moments were adopted when the alienated state may necessarily require registration. In this case, the main point of the transfer of property rights can only be fixed on a certain date, which will also be carried out in different cases. Of course, the property registered with the seller will be registered until the situation arises, until the buyer himself re-registers the property in his name.

As an exception, it will be possible to enter situations that are of their own

limited by the basic legislation. It will also be possible to enter here the arrest of one or another object for the appearance of debt, and so on. And in this case, the basic right to property will be transferred to the property of the inheriting citizen, and only under certain conditions, as well as specified requirements.

Key points on transfer of ownership

With conditional methods, all of the indicated methods for transferring ownership of property can be conditionally divided into several stages at once, these are initial and also derivative situations.

And among all the more common initial transition techniques, it will be possible to highlight the following:

Building a completely new structure.
This technique is considered more relevant in any legal practice and can be considered in the future when constructing completely new buildings.
In accordance with federal legislation and the compiled database, the owner will have the right to property based on the main fact of implementing the registration method. Obtaining ownership rights to any abandoned structures. For example, as abandoned buildings, which are located without ownership, but or property of unknown origin. Regarding this entire matter, it is recommended that you undergo full consultation with a legal professional. Since this whole procedure is endowed with many problematic aspects, but also with the presence of basic subtleties.

In the future, the following points can be included in any derivative methods for transferring property rights:

Based on the moment of alienation.
And only in this regard, all residential premises can be formalized according to the main agreement between the parties, especially regarding the preparation of the sale and purchase.
The seller can register his own rights to the property, and the other party is registered with the subsequent transfer of rights to any real estate.

The transition can only be made after inheritance. The right to property will be transferred according to the will of a relative or acquaintance. All the main nuances of such a procedure will be regulated in any legislative framework. Moreover, some specific aspects of the transfer of all property will be carried out here. But according to all this, they are considered a more common option, which is why in any such case a full consultation with a notary is required. Regardless of the methods for transferring property rights, everyone will be advised to carefully check some legal situations.

In this article you learned about the moment of transfer of ownership of real estate. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

Documentation for state registration

Documents for registration for transfer of ownership must be properly completed and provided in full. The employee must present the following documents and their copies according to the list:

appeals that are signed by both the owner and the citizen who receives real estate into his possession;
identification documents of both parties (passports);
a receipt indicating payment of the state duty;
a document that confirms that the owner actually fully owns the object and is authorized to dispose of it at his own discretion;
an agreement on the transfer of real estate and unsold property to another citizen, which stipulates the rights and obligations of both parties, and also indicates some nuances in case of force majeure, etc.;
act of acceptance and transfer of real estate.

The last two types of documentation must be made in triplicate and submitted along with other documents to the local office of Rosreestr.

What is apartment re-registration?

Re-registration of ownership of an apartment is a process during which a change in ownership is made in the general state database. The basis for this procedure is the title document.

As a result of re-registration, the new owner is given a certificate of ownership. Subsequently, on the basis of this document, the owner will be able to fully dispose of the property.

Attention! The format of the agreement on the transfer of rights to housing depends on whether the housing is given free of charge or for money.

Government duty

The state provides for payment of the state fee under the agreement on the transfer of rights to own and dispose of real estate in the amount of 2 thousand rubles. In the event that some adjustments need to be made to an existing entry in the state register, the cost of such a service will range from 350 rubles to 1 thousand rubles, depending on what exactly needs to be changed. If desired, one of the parties can arrange an installment plan. However, you need to decide in advance whether you will pay the entire amount or in parts, since before submitting the document you will need to pay the state fee.

However, there are categories of citizens who have the right not to pay as state duty when making this type of transaction. These include citizens in the public service, as well as representatives of the Central Bank and citizens classified as low-income.

If an overpayment occurs, the difference is returned to the payer, but this can only be done if state registration has been successfully completed and a certificate has been issued. Otherwise, the amount paid as state duty is completely lost.

Other amounts of state duty, since the question of how much to pay is not always certain:

Registration of rights to own real estate: 2 thousand rubles.
Termination of rights to real estate (house, land, imported real estate or even a car, commercial buildings): 500 rubles.
Registration of shared ownership rights: 500 rub. from everyone.

Registration deadlines

Registration cannot be neglected in relation to objects less significant than housing. So, not all garage owners have documents for the object , and in vain. Registration of ownership of real estate will remove some questions from municipality representatives or, if necessary, make a transaction regarding the garage:

the object may turn out to be built without permission and subject to demolition;
received as an inheritance without prior registration in the real estate cadastre and cannot be sold;
Loss of documents for the object may occur.

All this can be avoided by preparing a package of documents necessary for registration and contacting Rosreestr. The date of acquisition of rights to the garage will also be the date of registration. The duration of the procedure for entering objects into the cadastre and state registration of the transfer of ownership of real estate is ten working days. You must first pay a fee for government services.

Supporting documentation for real estate

Once all the necessary checks have been carried out, the new owner is issued a corresponding certificate. It is government confirmation that the registration procedure was successfully completed and all necessary entries were entered into the state register.

A document confirming that the new owner has every right to dispose of the object transferred to him (including official property) - an extract from the Unified State Register of Rights (USR) about the existence of a registered right. This document can be freely ordered from the authority where the registration process took place. However, you need to have grounds, which can be, for example, an agreement with the previous owner on the transfer of residential property, or an act of donation or the right of inheritance. These points are provided for by the tax code.

Features of the transfer of objects in housing transactions

So how does the transfer of ownership of real estate register? In real estate transactions, a general procedure is followed that provides for registration only of the real estate itself , and not a document on the transfer of the object to a new person. But an exception has been made for residential transactions:

documents on the purchase or exchange of apartments are registered in the same way as the transfer of ownership of the apartments themselves;
in the event of a change in the owner of the residential premises under a gift agreement, the same exception applies;
if the apartment is alienated under a rental agreement, then the transaction must be certified by a notary and the rental agreement and the transfer of the apartment to the new owner are registered;
inherited housing must be registered in the cadastre.

With regard to a real estate management agreement , including residential, the exception does not apply; such an agreement does not require registration; registration is only necessary for the transfer of rights to real estate.

What transactions does a notary certify?

Is it necessary, and in what specific cases, to have a transaction certified by a notary - such questions often arise among the parties to the transaction. The need to certify transactions with a notary is divided into three types: mandatory, arising from something or additional and voluntary:

mandatory certification - in cases of concluding a rent agreement and will of residential real estate;
additional is when it is required due to existing agreements, but is not used in real estate transactions;
voluntary certification, if the parties to the transaction have agreed on this.

A notary can submit an application for state registration of real estate and documents for registration to the body registering real estate if he certified this transaction. The notary also has the right to receive documents on the registration and other documents in order to transfer them to the owners who have entrusted the notary with state registration.

Stage one – preparation of inheritance documents

To begin with, in order to formalize the transfer of ownership of real estate by inheritance, you need to enter into inheritance rights. Civil legislation establishes two options for receiving an inheritance:

In accordance with the law
Based on a will

Regardless of the method of acquiring property, in this case you will need to obtain a certificate of inheritance rights. To do this, you need to contact a notary at the location of the property you are receiving within six months; the law reserves this period for the possibility of declaring inheritance rights. More details about this are presented in the video:

This is done by submitting a specific application to a notary authority. This statement states:

Date of application to the notary authority.
Personal information and passport details of the heir.
Date of death and place of residence of the deceased relative.
Grounds of inheritance (degree of family ties), presence of a will (if any).
Confirmation of readiness to accept inherited property.

In addition, a voluminous list of documents is attached to such an application:

Confirmation of the fact of death (certificate issued by the civil registry office based on the submitted medical certificate).
A document identifying the place of residence of the deceased.
Documents that confirm the relationship (birth or marriage certificates, other documents if the relationship is more distant).
Documents defining the rights of the deceased to property that is inherited (relevant agreement, deed of transfer, or court decision)
The will of the deceased, if it was drawn up by him.

An important point when registering housing is that ownership is transferred at the moment the heir submits an application for the heir to assume his rights, that is, even before registration with the relevant authorities.

Also, do not forget about paying a fee for carrying out notarial acts. Currently it is:

Three tenths of a percent of the value of the property, if the inheritance is drawn up by close relatives (children, spouse, grandparents, grandchildren).
Six tenths of a percent – if we are talking about more distant relatives.

At the same time, the law establishes the maximum amount of state duty in the first case is one hundred thousand rubles, in the second - one million. Evidence of payment is attached to the application for acceptance of the inheritance.

After checking all documents at the notary office, a certificate of inheritance rights is issued, which serves as the basis for applying to the registration authorities.