Restriction of ownership rights to an apartment


Extract from the Unified State Register

The right to dispose or own any movable or immovable property is determined by agreement. This may be a purchase and sale agreement between individuals. Or receiving an inheritance from a relative for real estate. Legal entities, for example, banks receive apartments or plots of land as collateral.

Of course, any transaction related to such large purchases must be registered and all documentation is sent to Rosreestr. The practical benefit for citizens is to verify the legality of a transaction with real estate or other material value.

Contents of the document

The discharge document contains all the information that is required to confirm whether there are any encumbrances or restrictions.

Any owner who decides to carry out any transaction with real estate (sale, rental, donation) is obliged to enter information into the state register.
In the database, any citizen can check information on the encumbrance on an apartment for free.
For example, any information about debts from utility services, fines from traffic police inspectors, alimony or any other restrictions place a lien on the apartment. Another option would be a situation where the premises have a mortgage debt. The deal will not go through until any arrears are paid off.

ATTENTION! In the certificate of arrests and prohibitions (USRP), a citizen will not find information about a possible loan for a car.

The specific information on the extract differs greatly from property to property. By the way, the document about the dacha plot will contain information about the serial number, the size of the land plot, the physical address, the number of floors, etc.

But don't expect meticulous details about the property. By law, the document indicates only the most important information, which will make it possible to determine for sure that no legal restrictions are imposed on the property.

Intelligence

Let's look at the possible options below:

  1. Information about the government agency that was responsible for issuing the extract.
  2. Number and date of conclusion of the contract to exclude the possibility of unfair resale.
  3. Technical and quantitative characteristics of the object (size of the object, number of floors, physical address).
  4. If available - full name of the owner or legal entity and its status (individual entrepreneur, JSC, etc.) Information about the past owner or the market value of the property is not written down in the document. You can only obtain it by requesting it from Rosreestr.
  5. If the extract concerns a large structure or plant, data on the land plot is provided. If the owner gets acquainted with the document for the first time, he can use a map that will help in the specific location of the object.
  6. It is mandatory to provide information about previous owners. The list will help you easily identify the number of sales contracts and the number of current owners.
  7. At the end of the form the recipient and date of issue are indicated.

It is important to note that the document can be compiled in the form of a table or listed point by point, but the specific content depends on the type of property for which the extract is given. With any attempt at fraud and dishonest activity in relation to the property, the owner can easily initiate legal proceedings.

Certificate of absence of encumbrance on real estate

In the certificate from the Unified State Register you can see information that relates to real estate, be it an apartment, premises or land. All information is current and can even tell you about the person who owns the rights of ownership, transactions previously carried out with the apartment, as well as the presence or absence of encumbrances. The Unified State Register, which is a government body, stores all data and anyone can use its services.

Contents of the document

An extract from the Unified State Register is considered the main document when conducting a purchase and sale transaction. The buyer can make sure that the apartment is clean and that there are no or no encumbrances, since the former owners are often silent about this. By requesting this document from Rossreestr, anyone can protect themselves from fraud and illegal transactions. Also, this document is often used to resolve disputes with debtors through the court, since thanks to it it is possible to make an inventory of property and seize it so that the defendant cannot donate it or sell it to his relatives.

By the way, if you wish, you can take official real estate paper via the Internet. To do this, you need to visit the official website of Rosreestr. There you will need to fill out a special form “Providing information from the Unified State Register”.

Consequently, absolutely all real estate data is stored in this database. If you need to find out whether there are encumbrances on the apartment - a mortgage, pledge or arrest, then you need an Extract from the Unified State Register of Real Estate about the main characteristics and copyright holders of the property.

How to obtain an extract from the Unified State Register of Real Estate about the absence of an encumbrance

  • collateral – a method of securing monetary obligations;
  • mortgage is a special type of collateral arising from the terms of a mortgage loan agreement for the purchase of housing;
  • easement – ​​establishment of a limited right of use in relation to certain persons;
  • other restrictions regulated by law.

  • directly to Rosreestr – within 3 working days;
  • through the MFC - 5 working days (of which, within 2 days, the specified body must transfer information to Rosreestr);
  • through “State Services” - 3 working days;
  • through an intermediary company - within 3 working days.

If the seller’s apartment (or your own apartment) had encumbrances (pledge, mortgage, etc.) that were “recently” repaid, and upon receiving the Extract, you discovered that they were still registered in Rosreestr, then you should not immediately go into extremes! This simply may mean that the registrar has not yet had time to enter new information about your property into the Unified State Register of Real Estate.

In what cases does Rosreestr not provide the service?

And although the buyer will be listed as the owner in Rosreestr, concluding a purchase and sale agreement for such an apartment will be fraught with risk: the bank or previous seller who has not received payment will be able to claim the property back.

We recommend reading: Tariff for Children on the Metro

It indicates the type of registered encumbrance, the number and date of its registration, as well as information about the individuals or legal entities in whose favor this encumbrance was established, and the basis on which it was imposed.

The main factor for the removal of any type of encumbrance is the cessation of the situation due to which it was imposed. That is, the homeowner must pay the mortgage, pay off debts, repay obligations to creditors, etc., and then, with a document - proof of the removal of the encumbrance, contact the Public Service Center or egov.

How to find out if there is an encumbrance on an apartment?

  • Rent. In this case, the transaction can be carried out if both the lessee and the lessor agree to it. Otherwise it will be impossible to sell the property.
  • Rent. If a lease agreement is concluded, the tenants will have the right to live in the premises until its term expires.

    It is important to know that the statement does not indicate personal data and there are certain restrictions on access. It is prohibited to disclose information regarding commercial, tax, banking and notarial secrets. But such a restriction can be lifted, for example, if the data is provided to judicial authorities.

  • Contact Rosreestr. You can contact any nearest branch, where you should fill out an application according to the sample;
  • Request to the Multifunctional Center (MFC). MFC branches have ways to issue almost any document; an extract from the Unified State Register is no exception;

  • Submitting an application for an extract on the official website of Rosreestr;
  • Obtaining an extract by submitting an application on the unified portal of State Services;
  • Obtaining an extract from the Unified State Register of Real Estate through a reliable intermediary, details here.

How to get an extract from the Unified State Register of Real Estate

  • When contacting the MFC, the Multifunctional Center itself acts as an intermediary between the applicant and Rosreestr, where the data is taken from. Because of this, the time it takes to receive an extract may be increased. On the other hand, such centers are located in almost every locality;
  • When contacting Rosreestr (either in person or via the website), the applicant may request that the certificate be delivered by courier. You will have to pay extra for this, but it will save a lot of time;
  • If a person wants to receive an extract through online resources, he must be registered with them. When registering, you will be required to provide personal information.

The Central Bank indicated that in order to increase citizens' confidence in the financial market, including the banking sector, as well as to prevent the risks of losses for individuals, credit institutions are recommended to inform their clients about the risks of investing in the financial market in the following areas: cash on all deposits and accounts of individuals are insured up to RUB 1,400,000.

Receipt option

Currently, government agencies are trying to keep up with the times. They try to automate the process of obtaining documents as much as possible. The use of modern means of communication, in particular the Internet, allows citizens not to stand in long queues.

Let's consider the most popular options for obtaining an extract from the Unified State Register:

  • Personal appeal to government agencies. The citizen personally fills out the application completely free of charge. If desired, you can order delivery by mail or courier for an additional fee.
  • Visit to the multifunctional center . Unfortunately, this option is only possible for large cities. The main advantage of this method is the high speed of obtaining documentation.
  • Personal account on the government services website. After simple registration, the user will have access to the entire range of information, including extracts and certificates.
  • Mediation actions . You can contact an official representative who will make a request and receive extracts for the citizen.

When applying in person, a citizen must have a passport or other identification document. When providing detailed information on the extract, ownership documents are often required.

Nuances

An official request is sent by the owner of the apartment or house or his legal representative. The extract can be received in paper or electronic form, which is equivalent in legal form. The document can be printed if desired.

If a document is sent by mail or courier, it is handed strictly into the hands of the owner. Obvious restrictions include the fact that third parties cannot obtain information about the owner of the apartment or house. Citizens are protected by the law on the dissemination of personal information.

Legal entities retain their rights to trade secrets. Outsiders can obtain such information only by decision of the judicial authorities. When requesting detailed information on a property, it is possible to pay a state fee.

ATTENTION! Receiving detailed information in electronic form usually costs half as much as in paper form.

When a citizen contacts any specialized organization that can help with obtaining a document, he will also have to pay for the services of an intermediary. It often turns out that the option of personal contact and request becomes more economically profitable. One way or another, to engage the services of an intermediary, you will need a notarized power of attorney.

A certificate of no encumbrances is issued within two to three calendar days.

Where and how to get a certificate of encumbrance on an apartment

Practice shows that those who wish to save money on purchasing a certificate are often upset later because they decided to purchase the document themselves. And the reason for this may be the refusal to issue an extract. This is possible if:

who has the right to receive a certificate?

The form of the certificate and the documents attached to it are established by Rosreestr

. On his website you can see what a sample of an official paper looks like. It will help you get an idea of ​​what the finished document will look like.

We recommend reading: Providing Leave to a Veteran of Labor

The completed form is provided by Rosreestr on paper and electronic media, at the owner’s choice. The information provided in them does not differ. The only difference is that the owner receives the paper version personally. The electronic form is sent to the postal address or copied onto a medium provided by the ordering person.

Deadlines

In fact, the document does not have any time restrictions. But it should be borne in mind that the new owner can sell or rent out the property at any time. Therefore, it is worth focusing on the date of issue of the document, because tomorrow the information may become irrelevant.

IMPORTANT! You should definitely take a current statement to avoid unpleasant situations.

If a document is needed to receive an inheritance, it is valid only until the new owner takes over. With the rental option, it is better to receive a statement at least one day before concluding the contract.

In practice, government agencies require an extract with a current date no later than thirty days from the date of issue. The Registration Chamber may refuse to obtain a certificate only if a third party applies or there is no confirmation of payment of the state fee.

There are several ways to receive an extract

  1. Personally contact the territorial office of Rosreestr or MFC. If you apply in person, you will need a passport, an application and a receipt for payment of the fee. If your representative goes to get the extract, then you need to issue a power of attorney for him. The waiting time for a completed certificate is from 5 days.
  2. Send a request by mail. This will take much longer; the speed of receiving the document depends on the work of the postal service.
  3. Leave an online request on the Rosreestr website. To order, you will need to indicate the address or cadastral number of the property, pay for the service and leave your passport details. Waiting time - from 6 hours to 3 days.
  4. Leave an online request in the EGRN.Reestr service. To order, you will need to indicate the address or cadastral number of the property and pay for an extract from 200 rubles from a card or electronic wallet. Within 6 hours you will receive a file in pdf format by email, certified by the digital signature of Rosreestr.

If you are asked for a paper extract, you will have to visit a specialist in person or send a request by mail. The amount of the fee depends on the form of the extract. The cost of paper - from 400 rubles, electronic - from 200.

Pay attention to the date of issue of the statement, which is shown by the seller. The closer it is to the date of purchase, the more likely it is that the information in the document is still relevant. Just in case, get an extract yourself to make sure the data is correct.

Order an extract at any time without leaving your home through the Unified State Register of Real Estate. Registry.

Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends: