The procedure for electronic registration of real estate transactions

Electronic registration of transactions: concept, procedure, conditions

Electronic registration of real estate transactions provides the opportunity to carry out all formal measures for the transfer of rights from one owner to another through electronic communication and under the control of a credit institution

Category Features:

Relevant for real estate transactions, the seller or buyer of which is located in another city;
Registration is carried out in specialized mortgage centers organized by the bank;
The transaction means the actual delegation of the powers of Rosreest to banking organizations;
The procedure is carried out for a fee;
The duration of electronic registration is from several hours to several days;

The market for providing such services is in the process of development. Today, electronic registration of a transaction with Sberbank is one of the safest.

The procedure for electronic registration of a transaction in Sberbank is as follows:

Select the object for which you want to register a transaction;
Prepare a complete package of documents;
Pay the cost of state duty;
Contact the mortgage center at the bank;
Enter all information into the system;
Wait until official information is entered into the Rosreestr database.

The conditions for the procedure are as follows:

Registration will only take place with the participation of a maximum of two people in the process - the seller and the buyer (there is no registration of shared ownership);
The procedure is not performed without the personal presence of the counter parties (by proxy);
The service does not apply to military mortgages;
Participants in the transaction are individuals.

Strengths and weaknesses of electronic transaction registration

This service appeared relatively recently, but has already gained popularity among Sberbank clients taking out mortgage loans. The reason for the popularity of the service in question is that it has many strengths, among which the following deserve special mention:

For borrowers who decide to use this service, the interest rate on the mortgage loan is reduced by 0.1.
You will be able to receive competent advice on all issues related to the registration of the purchased property.
This service can be used by both clients of the credit institution in question and all our other compatriots.
There is no need to waste time traveling to Rosreestr and standing in queues.
This service is very convenient for those who plan to purchase housing in another city.

In addition to the advantages, this service also has some disadvantages, among which the following should be noted:

Quite a high price for the service in question.
You will not be given any documents. For this reason, to obtain paper documents confirming your rights to real estate, you will have to contact Rosreestr.
Inability to conclude a deal with housing that was purchased before 1998.
Only citizens of the Russian Federation can use the service in question.

It is important to note the fact that the electronic transaction registration service is constantly being improved, making it more and more convenient.

Terms and cost of electronic registration

Unlike registration through an authorized state body (Rosreestr), electronic registration through Sberbank occurs in a very short time and does not take more than 3 days (Rosreestr carries out registration from 7 to 30 days).

There are the following prices for the service:

20 thousand rubles - installation of a software package (relevant for developers);
7 thousand - registration of transactions with real estate put into operation (for individuals);

The cost of registering a facility under construction will cost a thousand more than a finished one (about 8 thousand).

The cost of registering a transaction electronically includes:

Support of the purchase and sale transaction (including verification of the authenticity of documents);
Cost of state duty for registration activities.

If real estate is purchased from a developer who has a special program that he purchased from the Sberbank real estate center, then the registration procedure can be carried out by his employees and a trip to the bank branch is not required.

Electronic registration through Sberbank PJSC

What is included in the service?

Payment of the state fee for registration of transfer of ownership
Issue of an enhanced qualified signature for all parties to the transaction
Sending documents electronically to Rosreestr
Interaction with Rosreestr and registration control
Transaction support by a personal manager

How does electronic registration through Sberbank work?

The Bank Manager will prepare and send documents to Rosreestr in electronic form
Rosreestr receives documents online and begins registration
As a result, you will receive documents with an electronic mark on state registration by email: 1. An extract from the Unified State Register of Real Estate (since July 15, 2016, the state registration of the emergence and transfer of rights to real estate is certified by an extract from the Unified State Register of Real Estate) 2. Sales and purchase agreement

The service for transmitting documents for state registration to Rosreestr in electronic form is provided by the Limited Liability Company "Real Estate Center from Sberbank" (OGRN 1157746652150, address: 117997, Moscow, Vavilova St., 19, www.domclick.ru), is part of the Group. The service is provided at the Sberbank Mortgage Lending Center. PJSC Sberbank (General license of the Bank of Russia for banking operations No. 1481 dated August 11, 2015) acts as an agent of CNS LLC on the basis of an agreement.

The service is available for purchase and sale transactions of apartments on the secondary market and land plots without buildings, the ownership of which was registered after 1998. Participants in the transaction must only be individuals - citizens of the Russian Federation .

Direct transactions are accepted for electronic registration (alternative transactions (chains) cannot be registered electronically).

The property cannot be sold from shared ownership and/or acquired into shared ownership .

The parties to the transaction cannot be minors or under guardianship/trusteeship .

in the transaction under a notarized power of attorney . There can be no more than five co-borrowers, two sellers, and two buyers in a transaction.

Rosreestr begins registration after receiving the full package of documents and paying the state fee, according to the regulations published on the website rosreestr.ru. The registration deadlines are established by Federal Law No. 122-FZ dated July 21, 1997 (as amended on July 3, 2016) “On state registration of rights to real estate and transactions with it,” Article 13, paragraph 3.

Source: Sberbank PJSC

Advantages and disadvantages

Pros:

No queues;
Minimum costs for support and registration of the transaction (real estate agencies request about 50 thousand for transaction support);
Quick entry of information into the register of rights and re-registration of rights to the new owner;
Convenience and safety of remote sale of an object;
Minimum of intermediaries in the transaction;
Automatic receipt of completed documents by email;
Registration is carried out on an individual basis with the involvement of a bank specialist;
The electronic registration service allows you to reduce the interest rate on your mortgage (if indicated in the mortgage agreement);
Possibility of receiving a 30% discount on the state fee when applying for a mortgage at Sberbank while simultaneously using the electronic registration service.

Minuses:

Only for citizens of the Russian Federation;
The cost of the service may vary slightly depending on the region;
The service is available only when selling the entire object (share alienation is unacceptable);
Does not apply to real estate acquired before 1998 (in this case, registration is carried out in the traditional way, through Rosreestr);
Each party must reach the age of majority and have full legal capacity;
Title documents will be generated only in electronic form (to receive them on paper, you will still need to contact the registration authority);
Weak competence of CNS employees due to the novelty of the service;
Little knownness of the service and slow pace of development due to conservative views.

Electronic registration of real estate transactions - advantages

Among other advantages of this decision, the head of the department, Igor Vasiliev, highlights the most striking ones. The main advantage of electronic registration of real estate rights is time saving. New software that allows open access registration provides new opportunities necessary for all citizens. The security will provide access to a unified state register of rights to real estate and transactions with it.

This solution will not only allow you to quickly register, but also find out the “past” of the purchased property. This option is also convenient for business representatives. Complete information about the property of interest will eliminate any unpleasant moments between the parties in the future.

In addition, electronic registration of ownership of real estate will reduce the paper turnover of a real estate company. Also, the electronic version of the transaction will leave no reason for doubt for tax officials.

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Please note that not only registrations of rights will be included, but also transactions, as well as restrictions on real estate (they are also called encumbrances). When making a purchase or sale, the potential owner will be able to find out about all the details of the property of interest. It should be noted that today more than 25 million such procedures are carried out annually in the Russian Federation. Therefore, registration of rights to real estate in electronic form is a very timely state product!

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Required documents

Passports of the parties to the transaction;
Agreement for the sale and purchase of an object or equity participation;
Mortgage agreement;
Surety agreement;
Preliminary agreement;
Receipt for payment of state duty;
An extract from the Unified State Register addressed to the previous owner of the property confirming the absence of arrests or encumbrances;
Certificates of absence of debt on mandatory payments to resource supply organizations;
Electronic digital signature;
Consent of the spouse to complete the transaction;
Application for registration;
Receipts for receipt of funds for the purchase price of the object (including all advance payments);
Agreement for the provision of electronic transaction registration services from the Sberbank real estate center.

Algorithm for obtaining the service

To understand what electronic registration of a real estate transaction is, you need to familiarize yourself with the algorithm for its implementation. The procedure contains the following activities (subject to concluding a mortgage loan with Sberbank):

Submitting an application for a mortgage from Sberbank;
Obtaining approval;
Collection of the necessary package of documents;
Notifying the bank about its registration under the mortgage agreement through the bank’s electronic service;
Signing a preliminary loan agreement with a rate on preferential terms (due to the subsequent registration of the transaction for the transfer of ownership by the Sberbank service);
Selection of housing stock;
Familiarization with real estate documents;
Payment of the deposit to the seller;
Submitting documents for verification to the bank (including title documents of the real estate seller);
Signing a mortgage agreement and a surety agreement;
Signing an agreement for the provision of services for electronic registration of a transaction by the Sberbank real estate center;
Payment for services (at a bank branch, through payment terminals or post offices);
Selecting the registration date;
Appearing at the CNS on the specified day (personal presence only);
Transferring a package of documents to a CNS specialist and verifying the procedure with an electronic signature;
Checking the completeness of the information specified in the documents and their authenticity;
Sending the package to Rosreestr for registration events;
Carrying out registration;
Sending documents on ownership of the object to the new owner’s email.

At the end of March I applied to Sberbank for a mortgage loan. The loan was approved quickly, then the manager called and offered to use electronic registration of rights through Sberbank, he said it goes faster than through the MFC, you don’t need to travel anywhere, you can react faster to a possible refusal in Rosreestr, etc. The realtor already had a negative experience in supporting a transaction with such registration, I expressed my doubts to the manager during his next call, to which he replied that it was in another department, and with us everything is debugged and there will be no errors. I agreed. Here I made my first mistake - I had to search and read reviews on the Internet about this electronic registration; if I had then read what they wrote about it, I would never have agreed. The transaction was scheduled for April 18 (Zelenograd, Savelkinsky proezd 6, additional office No. 9038/01770, loan agreement No. 92157670). Filling out the documents, sending the application to Rosreestr, putting the money in the box took 3.5 hours, and I made a second mistake - I didn’t carefully read the agreement with CNS LLC on electronic registration services: the contract specifies a period for completing the service of up to 60 working days . For 8 thousand rubles and within 60 days they offer me to do what I can do myself in 1 day for free by going to the MFC. I did not receive any paper stating that the application was accepted and the application number itself. We parted ways and I began to wait for news from Sberbank.

Mortgage transactions are registered with Rosreestr within 5 working days. 5 days ended on April 25 - no news. The next day I called the department and they told me that I needed to wait, registration usually takes 6-7 days. On the morning of April 28 (8th working day, 10th calendar day) I called the manager and asked to check the status of the application, he replied that the application had been accepted by Rosreestr. After lunch that same day, the realtor called me; he found out the application number in Rosreestr by the cadastral number of the apartment and was told that the application was only submitted on April 28. I called Rosreestr myself, they told me the exact time of receipt of the application, it arrived 5 minutes after my call to the Sberbank manager.

Total:

1) the application was hanging out for 10 days somewhere on Sberbank’s computers and no one cared about it;

2) I threw away 8 thousand rubles into thin air on empty promises;

3) if I submitted an application through the MFC, then I would already have a DCP with a register seal on hand (which is not the case with electronic registration);

4) the apartment seller is stressed - he needs money, but he can’t get it. It is unknown when the transfer of rights will be registered for us - it is now holidays and the registry does not work on holidays.

Difficulties encountered in practice

Electronic registration of a transaction has not yet become commonplace in the acquisition and alienation of real estate, so in practice the following difficulties arise:

The transaction must be confirmed by an electronic digital signature (EDS), which most Russian citizens do not have. To purchase it you need to go through a certain algorithm of actions. In addition to the above, the formation of an electronic signature is a paid service that can only be obtained in specialized centers with mandatory identification confirmation;
The project for electronic registration of real estate transactions exists relatively recently, so bank employees authorized to carry out manipulations of collecting and sending documents to the registration authority have not received sufficient experience and the necessary qualifications to comply with all the details of the matter;
Due to the fact that the new owner receives documents in electronic form, he may have difficulties with drawing up contracts, under the terms of which it is necessary to submit documents for real estate (with resource supply organizations, about collateral, when carrying out redevelopment of the property);
Minor errors when submitting documents by CNS employees to the registration authority can greatly affect the duration of registration and, instead of 3 days, take the same 30 as when registering directly through Rosreestr.
To receive title documents on the usual paper medium, you must personally apply to Rosreestr or submit an application on their official website. The period for preparing documents is from 10 to 30 working days;
Electronic registration of real estate transactions organized by Sberbank is an alternative to the MFC, which is also authorized to collect documents for the property with their subsequent transfer to Rosreestr. The difference is that the procedure will be carried out within 10 days, but the documents will be issued on paper.

Electronic registration of rights to real estate in Rosreestr: main advantages

Currently, applicants, regardless of their legal status (i.e. individual, legal entity, government agencies, etc.) have the opportunity to submit documents to Rosreestr electronically.
Important! On August 13, 2019, Art. 36.2 of the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, hereinafter referred to as the Law “On State Registration”, which established a new rule. Individuals must give prior consent to transfer documents for registration electronically. In the absence of such consent, documents submitted electronically will be returned.

Note! This rule does not apply to cases where documents for registration are sent by a notary or documents are submitted using the services of credit institutions.

But still, electronic registration has its advantages. In addition to eliminating the need to personally visit the territorial divisions of Rosreestr or multifunctional centers (MFC), it should also be noted as an advantage of this method of submitting documents that the time required for the procedure itself is reduced.

Thus, if, as a general rule, a maximum of 7 or 9 working days are allotted for state registration of rights (when submitting documents directly to the registration authority or MFC, respectively), then when submitting such documents certified by a notary in electronic form, state registration must be carried out within 1 working day the day following the day of receipt of documents (subclause 9, clause 1, article 16 of the law “On State Registration”).

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

In addition, certificates of state registration of ownership of real estate are no longer issued (Clause 1, Article 14 of the Law “On State Registration”), so the motivation to submit paper documents ceases to be relevant.

Note! In relation to the state duty paid by an individual, provided that documents are submitted electronically before 01/01/2021, a reduction factor of 0.7 is applied (clause 4 of Article 333.35 of the Tax Code of the Russian Federation).