MOSCOW, July 15. /Corr. TASS Anna Toporova, Ekaterina Kazachenko/. Amendments to the federal law “On state registration of rights to real estate and transactions with it” come into force in Russia. Now Rosreestr will stop issuing (as well as replacing) certificates of state registration of rights to real estate. From this moment on, registration of the emergence and transfer of rights to real estate will be confirmed only by an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRP).
Before the changes to the legislation came into force, the applicant could choose which document to receive when registering property rights - a property registration certificate or an extract from the Unified State Register. “The cancellation of certificates of state registration of rights does not change the procedure for registering rights, so nothing will change for applicants when receiving the service,” Rosreestr told TASS. The certificates that are in the hands of the legal owners of the property do not need to be replaced with extracts; they do not cease to be valid. However, this document only confirms the fact of registration of ownership rights on the date of its issue.
An extract from the Unified State Register confirms the presence (or absence) of ownership of the property at a specific point in time. It also says whether there are any arrests, mortgages or other encumbrances on the real estate. The extract can be obtained in any city, regardless of the location of the property.
The scheme for obtaining extracts from the Unified State Register does not change, explained Rossreestr. There are two options for obtaining a document: online and offline. Rosreestr accepts applications for electronic statements on its website. Department employees will send an electronic document to the customer’s email within 5 working days. An offline extract is issued at multifunctional centers (MFCs), and in their absence, the document can be obtained from the territorial department of Rosreestr or the Federal Cadastral Chamber.
Time
The main inconvenience is the need to order an extract every time the owner wants to make real estate transactions. For real estate transactions, both documents were previously used - each at its own stage. For the landlord, it was generally enough to have a registration certificate to confirm the fact of ownership of the property. Now a person who wants to rent out real estate will have to spend time on its registration.
“The extract is prepared within 5 working days. Plus, in Moscow and the Moscow region, you yourself cannot go to Rosreestr, you have to go to the MFC. That's 2 more days. That turns out to be 7 working days,” explains Alexander Pypin, leading analyst of the TsIAN real estate rental and sale database. For the seller, the document that would be canceled was needed only at the stage of showing the apartment, and at the final stage of the purchase and sale transaction, an extract from the Unified State Register was already ordered, Pypin explained.
Buying an apartment in shared ownership, for two or for a family with children
Buying an apartment in shared ownership now raises many questions. In accordance with the amendments to Federal Law No. 122 “On state registration of rights to real estate and transactions with it” dated June 2, 2020, the alienation of real estate in common shared ownership requires certification of the purchase and sale agreement by a notary. These changes are enshrined in the new law FZ-218 “On State Registration of Real Estate”, which came into force on 02/02/2020.
- sole ownership - registered to one owner. Moreover, if this owner is married, the property is considered jointly acquired.
- common joint property - registered in the name of legal spouses
- common shared property - for two or more owners who are not spouses, as well as if the spouses have a marriage contract with a special regime of ownership of jointly acquired property
Transparency
Before the introduction of a unified register, fraudsters could take advantage of situations where information about the owner, registered in one region, was not yet known in another. “In a single register, entries will go one after another, and if the owner has changed, it will be instantly known throughout the country,” explained Ilya Massukh, president of the Foundation for Information Democracy.
The head of the Foundation said that the informatization of Rosreestr has been one of the main directions since 2008. Its task is to make it easier for people to communicate with the registration authority in every possible way. According to him, Rosreestr was one of the first pilot projects, including for public services.
There are other examples of creating unified electronic databases in different directions, Massukh said. “A unified database will be created in the tax service and the registry office, there will be a single legitimate register,” he gave an example, explaining that this is being done, among other things, to prevent fraudulent schemes for creating , Massukh emphasized.
The system of interdepartmental electronic interaction, which implied the creation of basic registers, was launched in 2011, and the above examples are the development of this direction, he concluded.
Buying an apartment in shared ownership
Looking ahead, it should be noted: In this part, the notarial form of a transaction with shares, presumably, should ensure the protection of the interests of participants in shared ownership. When preparing a transaction, the notary must ensure compliance with the right of first refusal to purchase a share.
Many buyers assume that the notary is obliged to ensure the legality of the transaction he is certifying, and they withdraw themselves from control over both the notary’s actions and other stages of the transaction. At the same time, the concept of “legality” is very loose. And in the event of a dispute, the very fact of completing a notarial transaction does not provide the parties to the transaction with advantages or guarantees.
Interesting: Where to get a divorce certificate after a St. Petersburg court decision
Reliability
People are accustomed to carrying paper that confirms their rights to real estate. Electronic documents are especially incomprehensible to the older generation, believes Alexander Pypin, leading analyst of the CIAN real estate advertisement database.
“Not every person will agree that a certain document printed in Word with a seal and signature is authentic. There are no signs,” explains Pypin. He is also sure that “there are all sorts of life situations when suddenly you need to take a certificate out of your pocket and show that you are you and this is your home.”
President of the Foundation for Information Democracy Ilya Massukh believes that the amendments are essentially about abolishing the mandatory paper copy of such a document. At the same time, the transition to electronic services does not mean a complete abolition of paper documents, he clarified. “All citizens who want to have confirmation in paper form will always be able to receive it, but only if they wish,” the expert said. He believes that document costs will “reduce a little” as a result.
Notary when purchasing an apartment in common shared ownership from spouses and a child
As for the need for notarization, the purchase and sale agreement for the purchased property itself. The MFC is mistaken. It is MANDATORY to notarize the agreement for the “purchase and sale of an apartment”; according to the legislation of the Russian Federation, it is necessary only if the apartment is purchased from a MINOR CITIZEN or a CITIZEN RECOGNIZED as LIMITEDLY COMPETENT. In accordance with clause 2, article 30 “Trust management and guardianship related to real estate”, Federal Law dated July 21, 1997 N 122-FZ (as amended on December 29, 2020) “On state registration of rights to real estate and transactions with him".
Interesting: How to write a payment guarantee letter sample
Yulia Razina, Svetlana Kukarina, it would be very interesting to see the “reasoning” for the refusal to register by Rosreestr of the Samara region. transactions for the purchase of real estate in the PPF with the participation of minors. So far, there is another “indulgence” by notaries in registering transactions for the PURCHASE of real estate by minors.
An important question: is it necessary to have a land purchase and sale agreement certified by a notary?
Article 42 of Federal Law No. 218 has a direct exception: notarization is not required for transactions involving the alienation of land , as well as for an agreement on the alienation and acquisition of a share of real estate (land), if the transfer of ownership is also formalized for residential premises.
When is it necessary?
The last point requires some clarification. In May 2020, in the first part of Art. 42, changes were made that relate to clauses on mandatory notarization of the real estate purchase and sale agreement. The law now lists exceptions when a document does not need to be certified.
For such transactions, if they are not notarized, it is impossible to register the transfer of property rights in Rosreestr. Let us recall that previously it was possible to conclude agreements between private individuals in simple written form, and a notary signature was not required.
We recommend reading: Russian Amnesty for Tajikistan 2020 in May
Details of the law on shared ownership, which came into force on July 1, 2020
The first thing the bill talks about is clarification of the issue of implementing an object with an equity participant. First, let us recall that, according to current legislation, the owner of a part can sell it only on the condition that the other share owners agree with the fact of the transaction.
This procedure, according to officials and deputies, is not only not constructive, but also creates many dangerous precedents, including in the issue of gray and shadow relations between economic respondents.
According to the new procedure, a citizen who decides to sell his share in an object will have to notify all other share owners about this. They will have to be provided with comprehensive information about the transaction, its amount, the buyer, and absolutely all the conditions of the planned operation.
Immediately after this, other share owners will have to buy the sold share themselves. If this does not happen within a month, then the owner of the part, who wants to get rid of it, can make a deal with anyone, on any terms.
Separately, we will tell you that in addition to the issue of shared sale of property, the adopted bill clarifies some terms in the Urban Planning Code of Russia and even introduces a number of new ones. All of them mostly relate to the type of real estate. They also clarify that real estate includes residential and non-residential premises, and parking spaces.
In the case of the latter, it is doubly interesting, since now parking spaces will become the subject of bargaining and, moreover, the subject of a mortgage. All relevant terms relating to this issue are also adjusted and introduced into the Town Planning Code by the new bill.
Cancellation of notarization of transactions with shared ownership in 2020
However, in practice, the Pension Fund does not always allow the obligation to be fulfilled in this way and forces the property to be registered as shared ownership of all citizens. In this case, you can try to challenge the decision of the authority in court.
We recommend reading: Confirmation of Ownership of Movable Property
Notary transactions after changes
In case of alienation of shares without a notary, the parties to the transaction must contact Rosreestr or the MFC and register the transfer of ownership. The main list for such transactions includes the following documents:
If spouses buy a house or apartment as joint property, a simple written form is enough for them. But if a husband and wife buy real estate as shared ownership (in a contractual mode), they will again have to go to a notary.
The sequence of acquiring real estate using the shared ownership method
Many people who are planning to purchase an apartment in shared ownership are wondering whether a notary is needed. In principle, if a person understands a little about the current Russian legislation, this intermediary can be completely dispensed with, saving a decent amount of money. However, you should immediately prepare for the fact that you will have to spend a decent amount of free time completing all the necessary papers. The sequence of actions itself is not too complicated and differs only slightly from the ordinary acquisition of living space, regardless of its type:
- Previously, potential buyers of property should select an object they like and agree with the seller on executing the appropriate type of transaction. Then they begin to prepare all the necessary papers and documents. You should first make sure that they have accumulated the required amount of financial resources to purchase this property.
- If there is more than one seller, for example, the apartment is in shared or joint ownership, it will be necessary to meet with the other owners and obtain written permission from them that they support the sale of the property. This point is very important, since if there is no such documentary evidence on hand, those owners who were not notified about the sale of the house, apartment or room have every right to start legal proceedings, and the legislation will be on their side.
- After receiving such papers and collecting the package of necessary documentation, sellers and buyers should go to a notary office, where the final registration of the fact of sale and purchase takes place and the corresponding agreement is signed.
When all these procedures are completed, the new owners of the apartment need to go to the Rosreestr authorities located at the location of the living space, where the transaction is registered and the transfer of all rights to this property to the new owners is secured. After receiving such a certificate (it takes some time to prepare it, so you should be patient), the new owners acquire full right to dispose of this property depending on their wishes.
It is worth noting that the purchase of an apartment in shared ownership also gives buyers the right to receive a so-called tax deduction, which is issued at the tax office and implies the return of the tax paid during the purchase of real estate in full.
