What documents should an apartment owner have?
When buying an apartment, you need to make sure that the documents are so-called clean, that is, the property should not be burdened with tax debts, the documents must be genuine. Before signing a contract of sale, gift or exchange, the buyer has the right to request confirmation of their authenticity from the registration authorities. When visually checking a package of documents, you must pay attention to the date of registration of certificates and acts, the presence of all signatures with their decoding and clear imprints of all necessary seals; there should be no corrections or erasures on them.
How to properly register a house as your property
The very first step when registering your own property is to visit the technical inventory bureau - BTI. The technical passport and technical plan are prepared there. A private house must be registered in the cadastral register. It all depends on what site it is on and what type of permitted use is indicated in the land documents. If the structure is located on a dacha or garden plot, then when registering it, it is not currently necessary to register it with the cadastral register. Under the terms of the dacha amnesty, in order to register a dacha house, you just need to fill out a declaration and indicate in it the relevant information that is present in the project. It is a completely different matter if the building is located on land provided for running a personal subsidiary plot with the right to build on a land plot or for individual housing construction. Here, registering a private home as a property looks different. First of all, it is necessary to register it with the cadastral register, which will result in the issuance of a technical passport, cadastral passport and technical plan.
As a result of such real estate transactions as donation, exchange, purchase and sale, inheritance, it is necessary to register ownership of the new owner of the property. Registration of such a right takes place at the registration authority using the application system and has a number of nuances. First, you must provide a receipt for payment of the state duty, the original and a copy. When submitting an application, you must have an identification document. If there are several applicants, then they must all come to the transaction with their passports. Representatives of the applicants, if any, must provide the original and a copy of the power of attorney certified by a notary. The main document is the seller’s certificate of ownership of the land and house. The first paragraph in it indicates the documents on the basis of which these certificates were issued. They also need to be submitted to Rosreestr. Such documents may be a gift agreement, a sale and purchase agreement, an exchange agreement, a certificate of inheritance rights, and others. If ownership of a household plot of land is registered, then the basis document for it will be an entry from the business ledger. It is issued by the local administration. To register a private house as a property, you must have the consent of your spouse to sell it if it was purchased during marriage. This document must be certified by a notary. If the property belongs to several owners, and only a share of it is being sold, it is necessary to provide a waiver of the pre-emptive right of purchase by the remaining legal owners to formalize the ownership right. You will also need to provide a cadastral passport, a technical passport, a technical plan for the house and a cadastral passport for the land plot. If the owners are incapacitated persons or minor children, permission from the guardianship authorities must be provided. After submitting the necessary documents to the registration authority, a receipt of their receipt is issued. A completed certificate of registration of ownership of a house and land plot is issued in the same place after 20 working days. At the same time, an entry into the registry occurs. This is the existing order. Previously, when issuing a certificate, registration of the contract was required, but this has now been cancelled.
More to read: New Amendments of the Ministry of Internal Affairs to Art. 228.1 228.4
Certificate of ownership
From January 1, 2020, in accordance with paragraph 2 of the Requirements for filling out a certificate of state registration of rights to real estate, approved by Order of the Ministry of Economic Development of Russia dated December 23, 2013 No. 765 “On approval of the rules for maintaining the Unified State Register of rights to real estate and transactions with it, ..., forms of the certificate of state registration of rights and a special registration inscription on documents, requirements for filling out a certificate of state registration of rights and a special registration inscription, as well as requirements for the format of a special registration inscription in electronic form,” a new form of a certificate of ownership has been established.
We recommend reading: The right to an obligatory share in the inheritance
The most mysterious item in the list of technical documentation is “other documents”. The fact is that thanks to this clause, the list becomes essentially open; it can include any documents that have something to do with the management of apartment buildings. It is enough that the decision to include any of the documents in the technical documentation is made at the OSS by a simple majority of votes.
Minutes of the general meeting of owners of an apartment building
Such an “additional” document could be, for example, an agreement with a contractor or even some internal document of the management company - a salary sheet or staffing table. Please note that if such a decision is made at the OSS and agreed upon with the MA, the document will be included in the technical documentation. This means that then the owners will have the right to get acquainted with it.
The management company has the opportunity to anticipate such developments even at the stage of concluding a management agreement : it is enough to simply add a closed list of documents to it, having agreed upon it with the owners. Then the owners will not have the opportunity to expand this list.
TOP 15 mistakes when drawing up control documents
What does a certificate of ownership look like in 2019?
Rights to real estate in Russia since July 2020 are rights registered in the Unified State Register of Rights (USRR). This means that a record of registration of the right to a specific property of a specific person has been made in the Unified State Register. For example: Ivanov I.I. I bought an apartment in August 2020. Registration entry No. ... is entered into the Unified State Register of Entrepreneurs. on the ownership of Ivanov I.I. for apartment No.... at address...., area...., cadastral number......, etc. After registering the right to Ivanov I.I. will issue an extract from the Unified State Register, which will contain information about his registered right (in the example, this is property) to the corresponding real estate object, characteristics of the real estate object, information about documents - the basis of the arisen right (agreement, etc.), information about the registration record number rights in the Unified State Register and other information.
House of the Russian Federation: mortgage programs
In order to purchase housing on credit, the House of the Russian Federation presents a whole range of lending options, covering the needs of borrowers of all categories:
- purchase of an apartment/apartment during the construction stage
- purchasing an apartment/apartment on the secondary housing market
- reduction of the current mortgage rate (on-lending)
- mortgage refinancing procedure for projects related to Urban Group
- family mortgage program providing benefits and government support
- provision of an apartment/apartment as collateral for the purchase of additional housing
- mortgage for the military (intended for those who take part in the NIS)
- social type of mortgage for teachers, doctors, scientists living in the Moscow region
- preferential programs in the regions (DOM.RF and other constituent entities of the Russian Federation offer a jointly developed mechanism for reducing mortgage rates to 5.75% per year)
May be interesting: Bank of Moscow: login to your personal account
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Ownership of a house: documents for registration
When submitting an application to the Rosreestr institution or the Multifunctional Center to obtain a certificate of ownership, in some cases you may receive a refusal. The reason for this may be the submission of the application and the accompanying papers not by the owner of the land, but by another person who does not have a notarized power of attorney. Errors in the application and papers, incorrectly written names and surnames can also become a reason for refusal. You can submit the request again, but this wastes time, so it is better to carefully check all the data yourself.
Quite often, during state registration of ownership of a residential or non-residential building, the fact of an unauthorized structure is discovered, when a building on a land plot was built without first obtaining permission. In this case, it will be impossible to obtain a certificate of ownership of property until the country house is fully legalized.
26 Jun 2020 stopurist 668
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Document on ownership of an apartment - what it looks like and how to check it
- Barter agreement.
- Contract of sale.
- Agreement on the free transfer of housing into the ownership of citizens.
- Mortgage agreement.
- Donation agreement.
- A certificate confirming that the share in the housing construction cooperative has been paid in full.
- Certificate of state registration of rights (issued until 2020).
- Extract from the Unified State Register.
- Extract from the Unified State Register of Real Estate
- The court's decision.
- name of the authority that issued it;
- place of issue;
- date of;
- document that serves as the basis for obtaining the certificate;
- information about the owner (legal subjects);
- type of law;
- object of law (the apartment itself with a brief description and indication of the physical address of its location);
- cadastral number of the apartment;
- information about the presence of restrictions or encumbrances;
- number under which the entry was made.
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In 1997, in accordance with Decree of the Government of the Russian Federation dated August 26, 1996 No. 1010, the open joint-stock company “Agency for Housing Mortgage Lending” was created.
In January 2003, AHML was included in the list of 18 strategic priority companies with state participation.
In August 2020, OJSC AHML was renamed JSC AHML.
In 2020, Federal Law No. 225-FZ “On promoting the development and increasing the efficiency of management in the housing sector and on introducing amendments to certain legislative acts of the Russian Federation” was signed, according to which a unified development institute in the housing sector was created on the basis of AHML . The unified development institute in the housing sector on the basis of AHML included subsidiaries of AHML - AFZhS and SK AHML, as well as the RHD Foundation.
In February 2020, the AHML Supervisory Board approved the development strategy of the Unified Institute for Development in the Housing Sphere for 2016-2020. The strategy determines the main directions of the institute’s activities: providing developers with land resources, providing guarantees for loans to developers, developing the rental housing market through collective investments, and developing the mortgage market.
On September 1, 2020, the RHD Foundation was liquidated, its functions were transferred to a single development institute in the housing sector.
In 2020, as part of the new areas of activity of the unified development institute in the housing sector, subsidiaries were created, LLC “IA “IBS Factory””. Also in 2020, on behalf of the Government of the Russian Federation, the non-profit organization “Fund for the Unified Institute for Development in the Housing Sphere” was created.
In October 2020, the Presidium of the Council under the President of the Russian Federation for Strategic Development and Priority Projects approved the passport of the priority project “Mortgage and Rental Housing”. The goal of the project is to improve the living conditions of Russian citizens by ensuring high rates of housing commissioning (88 million m² commissioned in 2020, 100 million m² in 2020) and stimulating demand (issuing 1 million mortgage loans in 2020, 1.2 million in 2020 mortgage loans).
In November 2020, the priority project “Formation of a comfortable urban environment” was approved. Its main goal is to create conditions for systematically improving the quality and comfort of the urban environment throughout Russia by implementing annually (from 2017 to 2020) a set of priority measures to create a modern comfortable urban environment in the regions of Russia. AHML will develop a system for assessing the quality of the urban environment, as a result of which it will be possible to form an index of the quality of the urban environment.
On November 30, 2020, the Supervisory Board approved an updated development strategy for a unified development institution in the housing sector, which provides for the integration of the Russian Capital Bank.
In December 2020, AHML became a shareholder of the Russian Capital Bank - 100% of the shares were transferred from the Federal Property Management Agency to AHML.
On March 2, 2020, the corporate name of JSC AHML was changed to JSC DOM.RF.