Deadline for Registration of Ownership Rights for an Apartment in Rosreestr Through MFC

Nuances of registering real estate transactions

Before submitting documents for registration through the MFC, the parties will have to go through the initial stages of the transaction. The seller and buyer agree on the price and other terms of the contract, prepare the text of the agreement (either independently or with the help of a lawyer) and sign it. By agreement, the buyer can transfer an advance or deposit, for which he receives a receipt.

A significant portion of housing transactions are now allowed to be concluded without notarization. It is only necessary in the following cases:

1. The housing being sold is in shared ownership.
2. Children are registered in the apartment that is the subject of the transaction.
3. The property belongs to a minor owner.
4. Legal representatives of incapacitated persons participate in the transaction.

In other situations, you can do without a notary. True, sometimes the participants in the transaction still turn to this specialist. With its help, you can reduce risks, eliminate errors in the contract, and even pay for your apartment. But these are additional expenses that not everyone is ready for.

After collecting documents and signing the agreement, it must be registered with Rosreestr. Without compliance with this condition, the contract will not have legal force. To register, you can choose one of several methods:

1. Personally submit documents to the Registration Chamber.
2. Send a request through the Government Services resource.
3. Come to a convenient MFC branch.

People choose the latter option for several reasons. There are divisions of the Center in almost every city, and their services are in most cases free of charge. In addition, the organization operates on a “one-stop shop” principle. People don’t have to crowd in lines and collect the necessary documents from different authorities.

But there is one peculiarity. If the property is located in another cadastral district, the parties to the transaction will have to contact Rosreestr directly.

Rules for registering housing at the MFC

The MFC acts as an intermediary, which makes it possible to perform many different actions. Numerous government services are offered, including registration of various objects.

General information

These centers are available in almost every major Russian city. They offer numerous services that are completely free, so you only need to pay government fees if necessary.

Employees of these institutions have many forms and certificates that are issued to applicants if necessary. They have a set form.

How to register ownership through the MFC? Answer in video:

MFC employees even offer the opportunity to independently fill out various applications and other documents, after which citizens only sign them.

Is it possible to register ownership of an apartment with a mortgage? The answer is here.

Due to the presence of an intermediary, the process of obtaining various government services increases by approximately 2 days. Registration of an apartment in Rosreestr does not take more than 7 days, but if you contact the MFC, the process increases to 9 days.

Choice

Some cities have several such centers. You can contact any institution, but it is optimal to come to an institution located at the location of the property that needs to be registered.

To avoid having to sit in line, we recommend making an appointment in advance on the State Services website.

pros

The advantages of contacting the MFC to register an apartment include:

• the procedure is standard, so all applicants follow the same steps, which prevents wasting time and delays;
• no need to spend additional funds;
• the service is comfortable for each applicant;
• you can receive both state and municipal services in one institution;
• You can make an appointment in advance, so you don’t have to sit in line for too long;
• MFC employees are qualified, experienced, friendly and able to work both with clients and with numerous specialized documents;
• due to the location of these centers in high-traffic areas, significant time savings for citizens are guaranteed, so they do not need to visit several institutions at once, so all actions can be performed in one building;
• Numerous services are offered, so you can not only submit documents for apartment registration, but also even pay the state fee right away.

State fee for registration. Photo: bukvaprava.ru

The policy of the MFC is aimed at meeting the needs of citizens, as well as creating comfortable conditions for this.

The procedure for completing a transaction through the MFC

The procedure for registering a purchase and sale agreement (SPA) consists of the following stages:

• Preparation of necessary documents according to the list. Their exact list depends on the terms of the agreement (for example, whether children are involved in the transaction, whether mortgage funds are used to purchase the apartment).
• Make an appointment. Visitors have the right to take an electronic queue coupon directly to the MFC, but it is better to sign up the day before. You can make an appointment by phone, through the “My Documents” or “Government Services” portals.
• Submission of the contract and other documentation to the Center employee. At the end of the appointment, the specialist will issue a receipt and inform you of the approximate date of readiness.

On the appointed day, all you have to do is come to the Center and receive the completed documents. Each party is issued a registered DCT, as well as an act of acceptance and transfer of housing (if it was handed over for registration). In addition, the buyer receives an extract from the Unified State Register. The old certificate, which remains with the seller, is marked with o.

How is apartment ownership registered through the MFC?

All centers operate on the principle of an electronic queue, therefore, in order to get the necessary help, you should first go through registration at the MFC, wait for your turn and contact an employee with your question.

After receiving consultation, it is necessary to prepare a complete package of documentation. Moreover, their list may differ only slightly from the list of papers required for concluding and conducting various legal transactions with real estate. A prerequisite is the payment of state duty. Is it possible to deposit funds? without leaving the Center, since it often houses several bank terminals at once.

In the future, you must write a special statement indicating the reason for the application. In this matter, it is best to consult with an MFC employee who has a sufficient level of training. In order for the document to be accepted, the applicant must have the following documents with him:

1. Applicant's passport.
2. Documents certifying the transfer of ownership of property from one person to another.
3. Technical documentation for residential premises.

If one of the parties is represented by a third party, then an additional special power of attorney will be required. After receiving the complete package of documentation, the employee issues an official receipt indicating the date of completion of the registration procedure.

What documents need to be provided

When contacting the Center, the parties to the transaction must write an application requesting the service and submit the following documents:

1. Passports of participants (originals with copies).
2. Purchase and sale agreement (in triplicate). A sample contract is easy to find on the Internet. In addition, you can entrust its preparation to a notary or a specialist from a law office.
3. A receipt confirming the fact of payment of the state duty.
4. Extract from the Unified State Register (or certificate of ownership).
5. The act of acceptance and transfer of the object (if drawn up).
6. Consent to the transaction from the spouse (if its participant is married).
7. Consent of the guardianship service (if a child is registered in the living space).
8. Written consent of the co-owners (when selling a share in the apartment).

In cases where the preparation of documents is entrusted to third parties, a notarized power of attorney is required.

Registration and timing of registration of ownership of an apartment

When a situation arises related to the purchase, sale, inheritance, exchange of housing, etc., many organizational issues arise. What is needed for this? Where should I contact? What package of documents needs to be prepared? Future owners who are dealing with such procedures for the first time have especially many questions. You can find out how to register and what are the deadlines for registering ownership of an apartment in this article.

1. Permission of the mortgagee to use (possession, disposal) of real estate if the apartment is under a mortgage or pledge.
2. Notarized refusal of other heirs in case of inheritance of an apartment.
3. A power of attorney, which must be notarized, for the right to perform all actions if they are carried out by an authorized person.
4. Passport of a cultural heritage site when the property is an architectural monument.
5. Written permission from an authorized employee of the guardianship authority, if the owner is a minor.
6. Other documents.

How much does the service cost?

Registration of a policy is a service that is subject to a fee. In 2019, its amount for citizens is 2,000 rubles, for organizations - 22,000 rubles. The procedure for paying expenses is determined by agreement of the parties, but usually they are assumed by the buyer.

There is no additional fee for MFC services. But in the process of preparing documents, other costs inevitably arise. For example, if the parties decide to have the contract certified by a notary, they will have to pay 0.5% of the cost of housing. This is only the state fee for the certificate; drafting the text of the contract and other additional services are paid separately.

Reasons for refusal

Refusal is not a common occurrence. A harsh verdict is issued by Rosreestr in case of the most serious violations of legal requirements. This:

• Providing an incomplete package of documents. Even the absence of a simple certificate about the presence or absence of registered persons in the apartment may become grounds for refusal of registration.
• Violation of paperwork rules. Most often this is due to gross errors in the contract, which is drawn up in simple written form by people who do not have sufficient competence in this matter. But these could be incorrect wording in the notarized power of attorney, and errors (typos) in certificates, decrees, permits...
• The presence of a lien or encumbrance placed on the apartment. The court can seize alienated real estate in many situations. This happens if the sellers, who are spouses, are going through a divorce and are dividing property. When a seller owes someone a large sum of money, the creditor can apply to the court to seize the property being sold in order to subsequently collect the debt. An encumbrance can be placed on real estate if the sellers at one time purchased an apartment using mortgage funds, but at the time of sale did not pay off the bank for it (or paid off, but did not bother to remove the encumbrance).
• Doubts about the authenticity of the documents provided. Most often this happens in relation to old, worn passports. Although sometimes the registrar may doubt the authenticity of some certificates, if they are not issued in the prescribed form, the stamps on them are unreadable, and the signatures of the responsible persons are illegible and not deciphered.

Registration period

Registration of the DCP through the MFC is carried out within 10 working days. To this period it is worth adding three to four days, which are spent on shipping.

Delays are rare and are mainly caused by objective reasons. These could be errors in documents or problems with the property itself (for example, discovery of a double sale or litigation regarding an apartment). If the paperwork is delayed for a long time, you can file a complaint with the MFC or directly with Rosreestr.

Inheritance

Before registering rights to inherited housing, a citizen must obtain a document that serves as the basis for registering property in his name. Such a basis is a certificate of inheritance, which is issued exclusively by a notary.

An apartment, like any inherited property, can be inherited from a deceased person either by will or by law. Regardless of this, the procedure for obtaining rights is exactly the same. It is necessary to submit to the MFC:

• passport;
• certificate of inheritance issued by a notary;
• documents for the inherited area;
• a receipt confirming payment for registration services.

IMPORTANT: The legislation provides for a six-month period from the date of death of the testator until the issuance of the certificate by a notary. This period provides an opportunity for all potential applicants for the inheritance to declare their rights. Only after 6 months will the notary issue the appropriate certificate, having carefully examined the applications received from everyone (if there are several of them) wishing to receive part or all of the property remaining after the death of a relative.

Paying taxes in 2020

Since the beginning of 2020, changes have been made to Federal Law No. 382, ​​which concerns the taxation of real estate transactions. According to the new rules, owners who purchased housing before the end of 2020 and have owned it for at least three years are exempt from having to pay personal income tax on the sale of the property.

The period established for the minimum ownership of residential space is extended to five years in the following cases:

• The alienation of property took place after the law was adjusted.
• The owner assumed his rights after January 1, 2020.
• The property was purchased under the DDU.

The legislation also provides for some other cases of tax exemption. For example, it is not paid if the deal is concluded by close relatives, if the seller received the housing as an inheritance, during the privatization process, or under a rental agreement.

You can now pay taxes, including on profits from the sale of housing, at the MFC. For this purpose, stationary terminals are installed in the departments. But for now the service is in test mode and is not available in all cities.

Documentation

Before giving a complete list of documentation that the registration authority will require, it should be understood that each individual situation may require its own list, and it is simply impossible to bring the circumstances of transactions to the standards.

In most cases, the package of papers for Rosreestr includes:

1. Personal documents of the parties to the transaction.
2. Documentation for the alienated, re-registered object.
3. Giving grounds for transferring property into the hands of a new owner.
4. A payment document indicating payment of the duty.

Each section has its own lists, determined by situation.

The government agency sets its own requirements for the preparation of documents. There are restrictions on certificates prepared for a transaction. For example, a certificate of citizens registered in a living space is valid for no more than 1 month, after which it needs to be updated. It is recommended, on the eve of the start of collecting certificates, to clarify how long they will be valid and further adjust the algorithm of their actions taking into account the established deadlines.

Of the general rules, it should be noted:

• clear, legible entry of information if forms are filled out manually.
• the readable state of the documentation completed on the computer;
• the filling format should be followed, excluding from the text the entry of information about the participants, the object, the conditions of alienation in an abbreviated version (all words are indicated in full to avoid discrepancies and inconsistencies).
• Blots, corrections, and crossing-outs are not allowed; filling out documents with a pencil is prohibited.

Personal documents

Documents for the parties to the transaction are represented by passports of citizens of the Russian Federation or other types of documents that the law considers sufficient for personal identification:

• for minors under 14 years of age - birth certificate;
• for foreign citizens - their internal passport with a notarized translation.

Trustees and legal representatives of the parties to the transaction also provide their civil passports.

It is important to take into account that no other document, if you have an internal citizen’s passport, is suitable and no one will register the transfer of ownership of a driver’s license. Before submitting papers, check that your passport is valid.

Real estate documentation

Since most real estate transactions are carried out on the secondary market, a list for transferring rights from the previous owner to the new one is more in demand.

Such documents include:

• bill of sale (purchase and sale agreement, or SPA);
• acceptance certificate;
• deed of gift (for donation);
• agreement on the allocation of a share or exchange.

Copies are prepared in advance according to the number of participants mentioned in the agreement, plus one additional copy, which is transferred for storage to Rosreestr.

Sometimes ownership is obtained through a court order. In this case, the court decision will become the supporting document.

From the documentation for the property itself, a certificate of state registration of the owner’s rights is prepared (if available).

Additional papers

The list of additional securities is impressive, but often only a few of them are required, based on the specific conditions of the transaction:

1. If the seller purchased real estate while married, a written consent of the second spouse to conduct the transaction is prepared, since the property is considered joint. If the seller dissolved the marriage before the transaction, but the property was purchased during the marriage, consent will also be required.
2. A certificate of the presence or absence of residents registered at the time of registration (extract from the house register) is taken on the eve of the application, as it has a limited validity period. (See in more detail: is it possible to sell an apartment with a registered person.)
3. The presence of a minor owner makes it necessary to obtain permission from the guardianship authorities. This supervisory authority has the right to control that the terms of the transaction do not infringe on the interests of incapacitated citizens. To approve the sale, it is necessary to provide the child with equivalent housing.
4. When buying shares or buying out communal apartments, they take the consent of neighbors and other co-owners. Since the owners of the remaining parts of the apartment have a priority right to buy out the share, it can be sold to an outsider only if the co-owners officially refuse to buy it out.
5. Buying a home by a family person means registering joint ownership (unless otherwise specified in the marriage contract). When submitting the main package of papers, attach a certificate of the person’s marital status (registration or termination of marriage).
6. For buyers of mortgaged housing, a loan agreement is attached. The property is acquired with an encumbrance, which will be reflected in the subsequently issued extract.
7. When using a family certificate or other municipal subsidies, supporting certificates are attached.
8. Marriage contract certified by a notary (if necessary).

Initial registration

Sometimes it is necessary to formalize recognition of property rights for the first time. Such situations include not only a newly built facility, but also those types of structures that were not previously registered by Rosreestr or in the BTI (until 1998).

For real estate on the primary market, Rosreestr provides:

• shareholder agreement (DDU agreement);
• acceptance certificate;
• documentation confirming HOA membership;
• court ruling (if the owner’s right is established by a defrauded shareholder or a member of the housing cooperative);

It is important that the new property is first accepted for cadastral registration, since a registration entry can only be made for registered real estate.

• What is BTI: powers, list of services to the population

If no transactions have been made with real estate for a long time (since February 1, 1998), the registrar will require a certificate of ownership from the BTI. Despite the fact that electronic document management is being debugged between the BTI departments and Rosreestr, interaction is not always established.

Rosreestr does not require a technical passport.

Registration of property under a will

Heirs who intend to re-register real estate under a will, in addition to the main documents, must submit:

• certificate of rights to accept inheritance;
• division agreement if the inheritance is distributed among several owners.

State duty

A fee is charged for entering information into the Unified State Register database:

1. For individuals, the payment amount is 2 thousand rubles.
2. If the owner registers an organization, the fee is 22 thousand rubles.
3. Acquiring a share in property costs 200 rubles.

Refusal of registration

In certain situations, Rosreestr employees have the right to refuse registration of DCP. Most often this happens when documents are provided incompletely or errors are detected. The application will also be rejected if the apartment is seized or is in collateral. In addition, sometimes discrepancies are found between the claimed and registered rights and additional verification is required.

Interested parties are informed in writing about the reasons for refusal. The applicant has the right to eliminate deficiencies and submit documents again or appeal the officials’ decision in court.

BTI documents for Rosreestr

Not every case of alienation of city real estate will require BTI documents.

You will certainly need a technical passport when making a mortgage transaction. Moreover, the creditor bank usually requests a technical passport. To register a regular transaction, Rosreestr only needs a technical plan, information about which is entered into its database from the moment the object is assigned a cadastral number.

After the merger of the registration and cadastral chambers, the technical plan is available to Rosreestr employees and does not need to be provided separately.

The technical plan data is contained in the extract from the register. Sometimes it doesn’t hurt to get it before selling. This is true for those properties that were entered into the register a long time ago. Since then, some changes may have occurred: “A” or “building” could be added to the house number, “street” could be renamed “driveway,” etc.

As an interdepartmental exchange, the changed data ends up in Rosreestr, and citizens sometimes do not know about it. If the data specified in the contract does not coincide with the information contained in the technical plan, applicants face the risk of suspension of registration until the inaccuracies are corrected.

Restoring PrEP through the MFC

If a copy of the policy is lost for some reason, you can try to restore it through the MFC. To do this, you need to write an application, present your passport, an extract from the Unified State Register and pay a fee. The state fee for issuing a duplicate is 350 rubles. The document will be ready 5 days after your request.

If it is impossible to obtain a copy of the agreement at the Center’s branch, you should try to contact another party to the transaction or the notary who certified the contract. If you purchase housing in a new building, you can request the necessary document from the developer.

Contacting the MFC will allow you to complete the purchase and sale of an apartment without wasting unnecessary time. If the documents are completed correctly, the registration process goes quickly and with maximum comfort.

Primary market

This procedure is slightly different from the previous one. In this case, the countdown from which registration of property rights is possible begins from the moment of complete settlement of “paper” issues between the developer and Rosreestr. The participant in shared construction must submit:

• passport;
• equity participation agreement;
• transfer and acceptance certificate for the investment apartment in two copies (the second one – for Rosreestr – can be obtained from the developer);
• a receipt for payment of the state duty to the account of the authorized body.

IMPORTANT: You can begin the registration procedure after the developer has completed all the formalities: receiving technical passports and registering the building with the cadastral register, obtaining permission to put the house into operation, signing the transfer deed and assigning a postal address. You can find out whether these requirements are met from the developer or from Rosreestr.

Re-registration of a personal account upon change of owner through the MFC

» Labor law Receiving housing as an inheritance, under a social contract. hiring, as a result of donation or purchase - a responsible and troublesome matter.

New owners, after all the worries, do not always remember that a mandatory process awaits them - re-registration (re-registration) of a personal account when the owner changes.

Not everyone understands the meaning of a personal account.

Most often it is presented as calculated. But, at its core, according to its purpose, a personal account is a means of accumulating information. It contains information about the apartment, owners, and records the history of use of electricity, water, gas, garbage disposal and other services.

Opening and recording information is the responsibility of the organization providing business services. Previously, the personal account was presented in paper form, using cards on which the management company recorded all expenses. Modern accounting is carried out using computer programs.

When changing owners, housing and communal services enterprises must re-register their personal account based on the application of the new owner. He, for his part, must follow the procedure specified by law.

A personal account is a means of storing information; it is opened by a service organization. From the point of view of the law, the next owner receives the opportunity to rewrite the personal account after completing documentation of ownership (information from the Unified State Register of Real Estate). The right of ownership automatically imposes obligations on the owner of the property and responsibility for paying for the work of utilities.

Therefore, do not hesitate, you need to follow these steps:

• Homeowners' associations and management companies review the documents and make a decision - approval, if the papers are in order, or refusal. The whole process takes from 2 to 5 days.
• Collect the necessary documents and contact the HOA, management company.

When opening an account for an apartment, the following information is required:

• Comfort: availability of centralized hot and cold water supply, sewerage, gas supply, heating, garbage chute, elevator.
• Number of residents (registered) persons.
• Total area, floor, number of rooms, exact address.