After receiving the keys and settling in, we have the last unsolved problem - how to register an apartment in a new building in our own ? There are several solutions to this problem, which we will discuss below.
In practice, preparation of documents and procedure registration of ownership of an apartment in a new building, usually stretches over months, or even years. All this time, of course, we can live in our apartment, use it, make repairs there ( since the house is rented out, we got the keys), but it will not be possible to dispose of it yet. AND "Register" in it too.
And absence presents us with tangible troubles: firstly, we are deprived of many local social services ( clinic, kindergarten, etc.), and secondly, we will pay for utilities at average city rates, which are 2-3 times higher than usual municipal ones!
In addition, it is worth remembering that if we plan to sell our apartment, then the Seller is exempted from only if 3 years have passed since the date of their receipt ( and since 2016 already - 5 years, more about this -). The time of actual residence in an apartment without a formalized right is not taken into account ( those. added to these years).
Without registered ownership arise and additional expenses related to payments by. Interest on a loan for an unregistered ( formally - not ready) housing, about 1-2% higher than ready-made ( after all, it will not be easy for the bank to realize unfinished construction if the borrower does not repay the loan).
After registration of the apartment, the bank usually lowers the initial interest rate.
Documents for registration of ownership of an apartment in a new building
Generally, register our apartment in ownership we need it as quickly as possible. But, unfortunately, it hardly depends on us.
And it depends, first of all, on the organization and quickness of ours. He must collect an impressive package of documents for, the key ones of which are:
- Permit to put the house into operation,
- Registration certificate for the house ( results of measurements of actual areas),
- Area allocation protocol ( which apartments are given to whom in the end),
- Investment contract implementation act ( closure of obligations to local authorities),
- Acceptance certificates for apartments in the building ( closure of obligations to equity holders / co-investors).
First all package of documents the house undergoes an examination in, which lasts a month ( in law). Then, if the registrar has any questions or comments, then Developer eliminates them ( it happens that it takes several more months).
If the registrar has no questions, it happens registration of ownership of the first apartment in the house (so-called "Opening a registration address" ). From this moment, for the registrar, the house becomes "existing", and this is the beginning of the chain of registration actions for registration property rights for the rest of the apartments in the new building.
Depending on where the apartments were sold Developer, procedure registration of ownership can go in two ways:
- Developer draws up an apartment first for himself, and then sells it to us ( Buyer) as usual. Those. in fact, there is a sale of an apartment as on.
Such a case is possible, for example, if we deposited money on the basis of and / or. - Developer immediately draws up new apartment for a shareholder / co-investor. This happens when the apartment was bought at, or.
Such a case is more common, and we will consider it exactly ( since it is he who personifies).
Here we can have three ways to register ownership:
- Rely on Developer and wait for him to do everything as expected ( will register ownership of each apartment in the house, by power of attorney from each shareholder);
- To do the registration of your property right yourself ( those. to do this work for the Developer);
- Register our right through the court ( if the Developer does not move, or prevents the registration of our rights).
Let's consider them in order.
The developer formalizes the ownership of the apartment
In the first case we have the least hassle, but we can lose the most time if our Developer will not be very quick. Moreover, Developer may demand from us additional payment"For work" on registration of an apartment in ownership... Moreover, the amount "for work" can reach 2-2.5% of the cost of the apartment.
True, if these payments are not provided for by the contract, then we have the right to stand in a pose and demand from him to register the property free of charge ( threatening him with consumer protection, civil court and God's punishment).
In practice, the period from the moment of check-in ( getting keys) until the moment of obtaining ownership of an apartment in a new building is, on average, 3-9 months. ( if the Developer acts promptly). But there were times when the property was waited for for 3-4 years.
If we decided not to wait Developer,
and register a new building on your own, then we can save money, and speed up the process somewhat, but we have to tinker. From Developer we will still need a number of documents required for registration, and again they can demand money from us.
We ourselves will have to collect the following package of documents:
- Application for registration of the right;
- Our or Assignment agreement of the right of claim (if we bought an apartment from one of the construction co-investors);
- A loan agreement with a bank and a mortgage ( if the apartment was purchased by us on a mortgage);
- in a new building;
- (if the Developer has put on the cadastral register not only the house, but also the apartments in it);
- (if there is a minor among the owners, and the apartment will be pledged to the bank by);
- Receipt of payment of state duty for registration.
If Developer put on cadastral registration only built house, but did not apply for cadastral registration of apartments in the house, then we have to do it ourselves.
First, we order at BTI ( in the same one in which the Developer ordered measurements of the area), our apartment. Then with this document we go to Cadastral chamber (division of Rosreestr) and put our apartment there on cadastral registration ... Then we get in the same place Cadastral passport to our apartment, and together with the documents listed above, we transfer the entire package for registration of ownership.
The registrar enters the relevant information into Unified Real Estate Register (USRN) and returns us our contract ( DDU or Agreement on assignment of rights of claim), stamped UFRS O registration of ownership.
If you yourself do not have the time and desire to deal with the design, but Developer does not show enthusiasm in this process, then you can contact specialized commercial organizations who are engaged in the registration of ownership in the field of real estate.
Third way registration — through the court
- we choose when Developer He himself does not deal with this matter, and under various pretexts refuses to issue us the necessary documents for self-registration. Then we have a direct road to court.
Often this option turns out to be the most reliable, compared to the prospect of "butting" with Developer, and try to scratch out the missing papers from him.
To go to court, we need to correctly draw up statement of claim on the recognition of ownership for real estate, prepare the relevant documents confirming our requirements, receive a receipt for payment of the state duty, and hand it over to the court office at the location new buildings... Next, we will need to participate in court hearings and prove our case there.
Of course, all this can be done independently, but it is wiser and more reliable to involve for these purposes those who have accumulated judicial practice in such cases. Moreover, the cost of the services of such lawyers, as a rule, is lower than the cost, which Developer takes for registration of ownership.
Package of documents for registration of ownership of a new building through the court, slightly more than when you design yourself ( without trial).
For the court, in addition to the package of documents listed above, additional technical documents from BTI, and documents from Developer(Permission to put the house into operation, Protocol for the distribution of areas, etc.). But this is already the concern of lawyers.
♦ ♦
In this case registration our right will be carried out without participation Developer, based court decisions .
It happens that Developer having objective obstacles preventing registration of property rights, itself offers to the Buyer register the right through the court .
♦ Reasons for delay in registration of property rights (examples) ♦
Obtaining ownership of a new building through the court- the procedure is not fast ( can take from several months to one and a half years), but reliable. Arbitrage practice shows that in most cases, private individuals - equity holders and construction co-investors - are recognized as ownership of the constructed apartments.
Only after receiving the registered documents in our hands, we can breathe easy - the apartment has not been sold several times, possible disputes related to it have been resolved, and we can finally "register" in our apartment.
So, having shown Olympic calmness and patience, we waited for the Developer (or the court) to formalize the ownership of our long-awaited apartment. Uff! Now she is completely OURS! And we can not only use it, but also dispose of it.
We invite guests, accept congratulations, cover the meadow in the restaurant - now we have something to celebrate !!!
Last updated February 2019
Receiving the keys to a new apartment is the most exciting and joyful moment in life. And getting the keys to an apartment in a new building is a double joy, because it's a long-awaited one. But do not forget that you can become a full-fledged owner only after registration of the apartment in ownership - registering it with the relevant authorities.
For this, the developer must fulfill certain conditions and prepare an appropriate package of documents.
Conditions for registration
In order to be able to register your rights to an apartment in a newly built house, several conditions must be met. Namely, the developer must take the necessary steps.
- Drawing up a protocol on the distribution of residential and commercial real estate in a newly built house. Often, high-rise buildings provide not only residential apartments, but also areas for shops, offices and other non-residential premises.
- Received at the Bureau of Technical Inventory (BTI) technical passport to the erected house. It indicates the number of storeys, layout, general footage and each room separately.
It happens that the planned square meters after construction do not coincide - apartments or a house as a whole turn out to be more or less in size, and such issues have to be resolved individually (to make an additional payment to the developer or return the surplus paid to buyers).
Documents for registration of ownership
In general, there can be two options for registering an apartment in ownership:
- v general order when the developer contributes to the registration of the property;
- in court, if the developer either interferes or fails to act in the collection of the necessary documents and registration of ownership.
If the developer does not provide documents?
If the developer does not put the house into operation, does not transfer the apartment to the shareholder and the deadline for the delivery of the housing under the contract for participation in the construction has expired, then the buyer of the apartment can:
- Pre-trial resolution of the dispute- at the beginning, a properly prepared claim is sent to the developer (private or collective - by one or several equity holders). After receiving a refusal, you can go directly to the court.
- Going to court - indicates the reasons for the impossibility of registering property due to the fault of the developer. Basically, the court takes the side of equity holders and, as a rule, developers are not at all opposed to solving the problem in this way.
Judicial practice is such that decisions are often made in favor of equity holders, and, having a court order in hand, you can register housing in a new building as your personal property. Followed by:
- prepare a package of necessary documents
- the apartment is registered
- registration of ownership in the Regpalat
Preparation of a package of documents
From whether all Required documents collected, whether they are correctly executed from a legal and grammatical point of view, it depends on whether your apartment will be registered or you will be refused registration.
Actions to be performed:
Sign the act of acceptance and transfer of the apartment (or deed of transfer)
This is the most joyful, but at the same time, the most crucial moment. Before accepting an apartment in a new building, you need to inspect it well in the presence of a representative of the developer company, measure it, if possible, check the operation of the water supply and heating system, the electrical panel, evaluate the finishing work (if they are specified in the contract shared construction), etc. After you have inspected and accepted the apartment, a deed of transfer is signed and you receive the keys to it.
Get a cadastral passport for the apartment with a schematic plan (or explication)
Recently, the apartment of each shareholder has been registered by the developer simultaneously with the registration of the entire house on the cadastre. Therefore, the shareholder's obligation to register the apartment in the cadastre has disappeared. However, if the construction company does not carry out cadastral registration, you can do it yourself. For this, the technical plan of the apartment is ordered from the BTI. After that, in addition to the application and the technical plan, you will need to provide a deed of transfer and an agreement on shared construction (or another document on the basis of which you are a buyer of housing in a house under construction), as well as pay a state duty. Unauthorized redevelopment will have to be coordinated additionally.
Provide a mortgage or loan agreement (credit)
These documents will be required if the purchase of an apartment in a new building was made at the expense of Money received on a loan or mortgage. The mortgage is handed over to the borrower after the mortgage (loan) is repaid, therefore, most often the representative of the bank (or other credit institution) himself is present at the registration of ownership.
Obtain permission from the guardianship authority
It is needed when an apartment or part of it is registered in the ownership of a minor citizen. You can get it within two weeks after writing an application indicating the reason for the appeal. In addition to the application, documents will be required: parents' passport, child's birth certificate, apartment transfer and acceptance certificate, share agreement participation in construction (or another agreement with the developer).
Registration of property rights
In the procedure for registering ownership of housing in a new building, the participation of one shareholder is sufficient. Often, equity holders trust the developer to prepare the documents himself and register the ownership of the apartment. But we are considering the option when the shareholder registers his rights to housing in a new building on his own.
Prepare a package of documents
- identity passports of all prospective owners (for minors - birth certificate)
- documents when buying from a developer - this is an agreement with a construction company, on the basis of which you purchased housing (agreement of shared construction, investment, co-investment or other document), with all additionally concluded agreements
- the act of acceptance and transfer of living quarters
- cadastral passport and apartment plan - although there is information about the cadastre in Rosreestr and the provision of these documents is not mandatory, it is still better to submit them so that there are no problems during registration
- mortgage and loan agreement (credit), if housing was purchased with a mortgage or with funds received on credit
- permission from the guardianship authorities, if one of the future owners has not reached the age of majority,
- a notarized power of attorney, if the interests of future owners are represented by a third party
- the act of acceptance of the transfer of the object of shared construction. It is provided in two original copies (one remains in Rosreestr, the other is returned to the applicant)
- a copy of the permission to put the house into operation, certified by the developer's stamp. In fact, the developer independently, after 10 days from the date of receipt of the permit, provides it to the Rossreestr. But despite this, many registrars require such permission from the shareholder.
- other documents if necessary
Where should all future apartment owners go?
- Registration Chamber
- MFC - the deadline for obtaining ready-made documents may take a little longer, since after acceptance they are sent to Companies House and checked there.
All documents are provided in their original form with their copies. The procedure for receiving and issuing documents both in the MFC and in the regional chamber is the same.
Sign the property registration application form
The application is drawn up in a computer version and printed by an employee of the registering organization. It contains the passport data of the future owners, the technical characteristics and the address of the apartment being drawn up, the list of documents received from the applicant. Signed by all applicants after checking the correctness of the specified data.
Pay the state fee
In 2015, its size is 2,000 rubles. You can pay this amount at the bank, through an ATM or at the cashier of the registering organization. If there are several future owners of the dwelling, then the amount of the state duty will be divided equally between them.
Verification of documents by an employee of the registration authority
After making sure that all the necessary documents are available, that they are correct, having checked the presence at registration of all owners, a representative of the developer company (and, if necessary, the credit institution that issued the mortgage loan), the registrar, together with the signed application, will take the originals of the above documents (except for passports).
- A receipt will be issued to the owners with an indication of the list of documents received from him and the expected date of completion of the documents.
- Verification of documents and the procedure for registering property takes about 18 days... This period may be delayed depending on various circumstances (several owners, mortgage, application to the MFC, etc.).
- The receipt indicates the phone number by which you can find out the readiness of the documents, calling the case number located in the upper right corner.
Obtaining a certificate of ownership of housing
It is issued to each owner upon presentation of their passport and receipt. Also, the registrar will return the rest of the original documents (contract with the developer company, deed of transfer, mortgage, etc.).
Good to know: it is better to submit documents for registration of property after any shareholder in apartment building register the property. As with the first shareholder, there are usually technical problems.
Don't postpone registration
Even if you have already signed the deed of transfer, received the keys and moved into a new apartment, you are not yet the owner of it. It is not worth delaying the registration of property rights, this creates certain difficulties.
- Inability to register at the place of residence... And as a consequence of this, there are problems with employment, getting a place for children in kindergarten or school, providing medical care etc..
- Can't make any deal with new property- formalize the sale, donation, bequeath, lease, etc.
- The term for the payment of personal income tax is increased in the case of the sale of such an apartment during the first three years of its ownership. This period will begin to count only from the moment of registration of housing in the ownership.
- It will not be possible to issue benefits and subsidies for certain categories of citizens when paying for utilities.
- Impossibility of implementation maternity capital - v Pension Fund requires the provision of a certificate of ownership of an object acquired with maternity capital.
And these are not the only difficulties that can arise if the ownership of a newly-built apartment is not properly registered. If this happens through the fault of the developer, you should go to court.
Buying in a new building - "pitfalls"
Acquisition of residential premises in an apartment building that has not yet been built is a rather risky business. Therefore, before concluding a contract with a developer, you need to think carefully about everything and weigh all the pros and cons.
What you need to know when buying an apartment in a new building?
- Buy an apartment only from a reliable developer... Check how many objects have already been built and commissioned by the selected construction company, what are the quality and construction timeframes.
- The degree of readiness of a house under construction... You should not buy an apartment in a house from which there is only a foundation and the construction site is moving at a slow pace.
- New building accreditation in the bank. When buying an apartment on a mortgage, it is important to know whether you will be given at least one credit organization mortgage loan for its purchase from this developer.
- What contract does the developer propose to conclude?... The most profitable option for the buyer is the contract of equity participation in the construction. Only he guarantees protection from the sale of one apartment to different persons or from problems with registration land plot, on which the house is being built.
- Estimate the location of the object... It is better if there is a developed infrastructure nearby - shops, a school, a kindergarten, a hospital, a parking lot, a playground, etc. Often, developers promise all these benefits in the future, but this does not always correspond to reality.
If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.
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The process of state registration of property rights to the property owned by the owner is not complicated and time-consuming. When contacting Rosreestr or similar organizations, the processing time is about ten days. However, it takes a lot of time to prepare the necessary documents for an apartment or other property. In order to obtain a certificate of ownership as soon as possible, the preparation of papers should be done without delay. For this, it is imperative to know what documents will be needed in certain situations. They will be different for a private house, individual apartment and land.
According to the norms Russian legislation, absolutely all real estate objects, without exception, are subject to state registration. Without the official receipt of property rights, which are recorded by Rosreestr and where the necessary list of documents is submitted, the owner cannot dispose of his property. That is, it will be impossible to sell, donate, exchange, lease or rent, bequeath real estate. In addition, after the death of the owner of the property, his relatives will not be able to inherit such an apartment, since they will not have the right to do so.
Residential apartment
To obtain the right of ownership of real estate under the law, for example, when purchasing an apartment or other residential property, and its state registration, a list of necessary documents must be submitted to the responsible institution. These include:
If the ownership is registered for a minor citizen who does not have a passport, a birth certificate will be required, as well as the consent of the guardianship authorities to act on behalf of the minor. In addition, when submitting an application, the owner of the apartment must be present in person. If there are several of them, all or the authorized persons with a notarized power of attorney must be present.
House
When a residential building built on a land plot, which is intended for an individual housing construction, the following documents are required:
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| Documents (name) | Note |
|---|---|
| Application with petition | |
| Home owner's passport (make a copy) | For minors under the age of 14, a birth certificate is required. If your passport is lost, you must provide a temporary ID |
| Owner ID (make a copy) | |
| Documents that prove the ownership of the house | Purchase and sale agreement, rent, exchange, deed of gift, will, inheritance, other confirmations |
| Cadastral passport and house plan | To begin with, the house must be put on the cadastral register |
| Documents that confirm ownership of the land | All available certificates, contracts, acts, etc. |
| Cadastral passport and land plot plan | If the documents were submitted from local self-government bodies for land surveying, then there is no need to attach to the application |
| Need to make a copy |
Non-residential building
For non-residential real estate built on land, the purpose of which excludes individual housing construction, the state registration procedure requires the following list of documents:
| Documents (name) | Note |
|---|---|
| Application with petition | Drawn up at the place of filing in the presence of a responsible employee |
| Building owner's passport (copy) | For minors, a birth certificate is required. If the passport has been lost - a temporary identity card |
| Owner identification number (copy) | For foreign citizens you will additionally need a residence permit |
| Declaration | Has a form approved by law |
| Documents confirming ownership of the building | Sale and purchase agreement, rent or exchange, deed of gift, testament, inheritance, building permit, and other confirmations |
| Land title papers | All available certificates, contracts and acts |
| Cadastral passport and land plan | There is no need to attach to the application if documents were submitted from local self-government bodies on land surveying |
| Receipt of payment of the state fee | Make a copy |
The employee responsible for receiving the documents may require additional papers, depending on the situation. When submitting documents, he must issue a receipt for their receipt and set a date when it will be possible to come for a ready certificate of rights.
Land plot
The procedure for state registration of a land plot and registration of legal rights to it requires the submission of a list following documents for real estate:
All documents are required in duplicate. If there are buildings on the land plot, you must also attach documents from the Bureau technical control certifying and describing this fact. Further, the procedure does not differ from the process of state registration of an apartment or house and has the same processing time.
Application options
All real estate in Russia is subject to state registration of ownership: residential and non-residential apartments, land plots, houses, and other premises. Application and list of documents for the object real estate, is submitted to the department of the cadastral authority (Rosreestr) or the Multifunctional Center at the location of the real estate.
Where to submit an application and the list of required papers is not of fundamental importance, however, the Multifunctional Center copes with this task a little longer, since a request is sent to Rosreestr without fail and a response is expected from there. Also, the owner of the property has the opportunity to send documents and an application for state registration of their rights by mail. V in this case by registered mail, only copies certified by a notary are sent to Rosreestr. You will also need a notification of receipt and an inventory of attachments.
Registration of rights to real estate and the list of documents required for this largely depends on what type of real estate the object belongs to, and how it was obtained. In the legislative framework, the concept of real estate is very broad, however, it is necessary to register property in ownership:
- for registration of ownership rights to a land plot after the conclusion of a transaction (purchase and sale, exchange, gift, rent, will, inheritance by law, etc.);
- to register the purchased building in full or its share (in the case of an apartment, room, house, non-residential premises);
- to register a constructed building.
Each of these options has its own order, list of documents and special nuances. Before registering property in ownership, you should make sure that it is not pledged, in arrest, whether there are claims from third parties or citizens whose rights have been violated. This is especially important when concluding transactions, when far from the previous owner can be expected to be in bad faith, not to mention the fact that in addition to him there may be other owners who will certainly declare their rights.
What can be arranged
Since there are many types of real estate, these objects have their own procedure for registering them in ownership and their own list of documents, but all, without exception, must undergo state registration. It is mandatory for real estate that was received in a mortgage, after privatization, acquired through a sale and purchase transaction, was donated or bequeathed, inherited or received under a shared construction agreement, built or received by a court decision.
Based on the current legislative norms, it is necessary to register property with real estate, which belongs to the category:
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For all these immovable objects, the owner must have a certificate confirming his ownership. Without him, according to the law, he is not the owner and can lose his property at any time.
Land papers
Registration of ownership of a land plot, which can only be obtained through redemption, donation or inheritance, implies the following list of documents required for registration:
This list is general and obligatory for everyone, but depending on each individual situation, it can be supplemented, and the responsible employee will definitely notify about it. For example, marital disagreements may arise, litigation or appear as minor co-owners.
For buildings and premises
To obtain ownership of objects capital construction, residential or non-residential building, apartment, privatized room, garage, other building or premises, slightly different documents will be required, more precisely with some additions depending on the type of property:
Here the list can also be supplemented, for example, spousal consent, powers of attorney, documents of the board of trustees, in cases with minors, or social authorities may be required. It must be borne in mind that the preparation of each will require certain timeframes and, in some cases, financial costs not only for the payment of state fees, but also, possibly, for the assistance of legal professionals.
Application submission
The collected documents for registration of title to real estate should be submitted to the local branch of Rosreestr or the Multifunctional Center. After submitting the application, it will be registered, and the applicant will be given a receipt for the documents and a date will be set when they and the certificate of ownership can be collected ready-made. The terms of registration of the property depend on how complete the package of documents has been submitted, but in the Multifunctional Center, in any case, you will have to wait a few days longer.
The application itself and the necessary documents can be submitted in several ways:
Registration rules
The very principle of state registration of property rights to real estate objects, issued in statutory the procedure consists in entering certain information about the object and its owner into the unified state register base and issuing a corresponding certificate. In conflict situations, when someone interferes with the registration of the owner, the issue can and should be resolved in court. There are also resolved issues regarding the legal impurity of real estate, unforeseen encroachments from the outside, violations of civil rights, etc.
All documents that were requested at the place of application must be prepared and submitted, otherwise a refusal will inevitably be received. The owner must write the application itself either independently or through a proxy in a single copy, but the documents attached to it, in originals or notarized copies, will be needed in duplicate. Since the originals of documents play a significant role, for the issuance of a receipt for their receipt from the employee responsible for their reception, indicating his name and date of registration, as required by the procedure.