Introduction
Refusal of registration
The list of grounds for refusal to register real estate is enshrined in the first paragraph of the twentieth article N122FZ dated July 21, 1997. A notice is sent to the applicant about the termination of State registration, in which he is informed about the fact and the reasons for the refusal within five days . The specified postal item is sent to the address specified in the application or request of the bailiff or in electronic form to the specified email address.
The refusal can be appealed by any interested party in a district or arbitration court.
Definition and Key Points
Refusal in State Registration is the conclusion of the registrar that the documents submitted for registration are insufficient, or the content of such documents does not contain sufficient grounds for registering property ownership.
Reasons
State registration is refused in cases where:
- The right to the declared object is not subject to state registration.
- The applicant does not have the right to submit an application for state registration.
- The content and (or) form of the documents attached to the application or the application itself are not legal.
- The act of the state government body, self-government, by which ownership of this real estate was established, was declared invalid.
- The person who issued the documents has no right to dispose of the real estate in question.
- The copyright holder did not submit to the registrar documents on other legally significant actions with real estate, the rights to which were applied for registration, committed after the legal consequences of the registered transaction.
- The registrar has not been provided with a complete set of documents.
- A contradiction between the declared and previously registered rights was revealed.
- If State registration of the right to a plot of land is applied for, which, according to federal laws, cannot be privately owned, or according to a document issued for it before the Land Code came into force, the legal grounds for using such a plot cannot be precisely determined.
- It is possible to refuse state registration of a mortgage if the object of the mortgage and the content of documents about it do not comply with federal legislation.
- The State Registration of equity participation in construction has the right to refuse if another agreement on this object has already been registered, or the guarantee agreement required in such cases has not been submitted.
State registration of property in accordance with a court act that has entered into force can be denied only if:
- The submitted documents are illegal.
- The person who issued them does not have the right to dispose of the real estate in question.
- The copyright holder did not submit to the registrar documents on other legally significant actions with real estate, the rights to which were applied for registration, committed after the legal consequences of the registered transaction.
- The applicant, obliged to provide the documents necessary for registration, did not provide them.
- The claimed rights do not correspond to those already registered.
- If an object is not registered in the State Cadastre, in principle it cannot be transferred to private ownership, or the State Cadastre does not have information about the site where it is located (except in cases where such information is not required).
At the request of the bailiff, State registration of real estate can be denied only on the grounds specified in article twentieth N122FZ of July 21, 1997.
At the request of both parties to the transaction, consideration of the application for State registration may be terminated if the corresponding entries have not yet been made in the registration documents. If state registration is carried out by a bailiff on the basis of a court decision, it can also be terminated only by a judicial act. If it is carried out by the bailiff on his initiative, it can be terminated only at his request.
If Rosreestr of Real Estate refuses, the registrar will not return the fee paid for this. If State Registration is refused at the initiative of the parties, half of the fee is returned to the applicants.
If the court found the refusal to state registration of the right to real estate to be unfounded, the state registration procedure is carried out without re-submitting the application, on the basis of this decision and the documents previously placed in the case.
Appeal: dispute procedure
If the registrar refuses State registration of rights to real estate, the applicant files a lawsuit in the district where the real estate is located. If the applicant is a legal entity , its head submits an application to the regional arbitration court at his place of residence. To do this, a copy of the refusal decision is required.
The application indicates the grounds on which the registrar was obliged, in the applicant’s opinion, to register the owner’s rights, and what regulations the registrar violated with his refusal.
In parallel, a similar complaint can be filed with the prosecutor’s office at the location of the property. It should be noted, however: if the refusal of State registration is issued on the basis of a court decision, it can no longer be appealed.
Nuances and features
Ownership of an acquired land plot can be registered even if there is a pending legal dispute regarding the boundaries of the plot.
Safe sale
Subject to certain conditions, real estate sellers can significantly minimize risks. To do this you need:
- Select reliable assistants (contact only trusted real estate agencies and competent lawyers);
- Be attentive to the drafting of the contract, carefully read each of its options;
- Monitor the presence in the contract of a clause on the possibility of termination in case of failure to fulfill obligations;
- Include a clause on the amount and timing of payment: before or after registration.
Refusal of registration
According to No. 5242-1FZ, registration of citizens in the Russian Federation has the nature of a notification; it reflects only the facts of arrival and departure of individuals to the places indicated in the registration documents. However, upon careful analysis of the actions and documents required for registration, we can conclude that in many aspects the people do not see much difference between the Soviet “registration” and the Russian “registration”, calling both of them in one word - propiska.
Grounds and reasons
An analysis of the reasons and grounds that are necessary for the registration of citizens refute the legislator’s declaration about its fully notification nature. For example, a citizen decided to notify the state of his stay in a certain premises. Here two obstacles arise in front of him at once.
At the address specified by the applicant there must be a premises recognized in the prescribed manner as “residential” . That is, a citizen, in principle, cannot report his place of residence in an outbuilding (shed), tent, self-built dugout or barracks from auxiliary materials, trailer, even if in everyday terms they are quite suitable for habitation.
In any case, the first thing that is required from the owner of any structure that he has built is documents for the site where it is erected. In them, or in documents common to any array of similar objects in a given territory, it must be indicated under what rights such plots are given, whether it is allowed to build buildings on them.
For example, in areas allocated for vegetable gardens, any buildings are in principle excluded. Moreover, no one will allow anyone to settle and build anything on a “free” plot randomly chosen by a citizen in the forest, steppe, tundra, or on a mountain slope. The right to such a plot can be legitimized only through its legal acquisition. Otherwise, interested parties have the right to raise the issue of demolition of the building on it and eviction of the people living in it.
Legalizing the allocation of a plot of land is not easy. If you have in mind to settle in some place, as they say, “from scratch,” the task will be affordable and feasible, as well as time-consuming, except for very proactive and persistent citizens who have the opportunity to achieve a decision on the allocation of a plot in the appropriate authority. It is easier to purchase a plot from a citizen who already has some rights to it.
However, if these are rights of the “Soviet” type (for example, in immemorial rights, the owner’s grandfather received this plot as a dacha from the trade union committee), its acquirer will first have to worry about privatizing the plot by the seller, and only then buying and selling from him and registering the property. This is not easy, considering at least that, having received the money, the seller may lose all interest in further registration of the site.
You will have to bring surveyors to the site twice at your own expense, pay them for surveying and making drawings, and obtain consent from all neighbors about the boundaries. Some neighbors may be absent altogether. For example, a person abandoned the site and departed in an unknown direction. It will be possible to resolve the issue of borders with him only by forging documents.
Let's say the first issue is resolved, the site is registered. Houses are allowed on garden plots. In recent years, registration of citizens in such buildings has been allowed. To be eligible to receive it, the first thing you need to do is order a registration certificate for your building from the BTI . After making payment, the employees of this institution will measure your house and draw up the necessary drawings. Based on them, we can already concretely say why he is not yet officially suitable for life.
All that remains is to recognize the house as suitable for living. In populated areas of the Russian Federation, decisions on this are made by a special commission headed by one of the deputy heads of local government. You should not contact the commission directly: a refusal will definitely follow, since there are more than enough reasons to recognize your building as technically unsuitable for permanent residence.
To pass the commission, you must first find a specialized organization that will prepare a justification for your application to give the building residential status. Our specialists will prepare the necessary drawings and calculations and show you what needs to be completed or altered to achieve the desired result. Then again order the technical passport of the building that is already suitable for habitation.
It should be noted that the same commission recognizes the building as suitable for habitation , which in other cases recognizes houses as unsuitable for this purpose. And the unsuitability of housing for habitation usually entails, according to Russian laws, the eviction of citizens from dilapidated housing and the provision of a comfortable apartment to them. Which, of course, does not require any local administration. Therefore, get ready that you will receive such a document only if you comply with the latest urban planning standards, and convince the administration that you will not raise such a question with it in the coming decades.
It is clear that the intermediary organization you have chosen specializes in resolving such issues because it can prepare convincing arguments for the commission for considerable sums. After receiving documents recognizing the premises as residential, the last stage remains to be completed - obtaining permission from the firefighter of the Ministry of Emergency Situations. After which your building will be assigned an address, and you can submit a passport for registration.
One caveat is that the entire procedure normally takes years. To contact numerous organizations during its passage, you need at least a passport. And, as you know, it is not valid without registration. Including filing an application in court. If you intend to perform the above actions in a city where you already live on other grounds, good.
If you come to a given locality to build housing and settle in it, you must first obtain a “temporary registration” for some reason. Without losing the right to permanent registration in another region of the Russian Federation, where you continue to be charged rent and utility bills... Temporary registration can only be obtained with the permission of the owner or tenant of the property.
The latter in its design are limited by the sanitary standards established in the given region . That is, in order to give you consent for registration, the owner or tenant will first have to obtain permission from the utility organization or landlord. His right not to give such permission can be challenged only if the applicant has grounds for settlement in accordance with the housing code, housing complex, lease agreement, sublease agreement.
Challenging algorithm
If the refusal to register is due to one of the reasons listed above, it is almost impossible to challenge it in court, at least for reasons of jurisdiction. You cannot file an application to challenge registration in a residential area that, according to documents, simply does not exist. Especially for a person who is not registered in a given city.
The opportunity to challenge a refusal of registration arises only when the applicant has legal grounds to demand it . These grounds are the same as those established for the move-in of a civil code, residential complex, or joint complex - the acquisition of housing as a property, for rent, as a family member or a person equated to him. The algorithm of actions for them is the same as for other civil cases:
Jurisdiction
The application is written to the court of the district where registration is required.
Statement
- Name of the court.
- Full name and address of the applicant.
- Name of the self-government body, address, full name of the passport officer.
The applicant reports that within seven days after arriving at his new place of residence on the basis of an agreement (as a family member), he provided the defendant with the documents necessary for registration. However, within the established time frame, the decision on registration by the official (full name) was not made. In accordance with No. 5242-1FZ, it requests that the refusal of registration be declared invalid.
A sample application for declaring a refusal illegal can be downloaded here.
Deadlines
The official is obliged to issue a reasoned refusal to register within 5 days from the date of receipt of his application for registration.
The fee is three hundred rubles.
Documentation
- Written refusal to register the applicant (if any).
- Evidence of contacting the defendant (secretary's receipt of documents, notification of receipt of a valuable letter).
- Copies of documents establishing the right to move into the specified address.
- Copy of the complaint.
- A copy of the receipt.
