- State registration procedure
- What documents are required
- Underwater rocks
- Refusal of the commission to register property rights
- Evasion of registration of ownership
- Real estate fraud
It is important to know here that after the transfer of the apartment to the buyer and before registering it in ownership, the buyer receives only the right of ownership, that is, he is the legal owner of this property. According to Art. 305 of the Civil Code of the Russian Federation, he has the right to protect his property. However, he cannot dispose of the received apartment at his own discretion. The fact is that the ownership of the property until the moment of state registration remains with the seller..
State registration procedure
All stages of state registration of real estate objects in ownership are strictly regulated by current legislation.
According to the Civil Code of the Russian Federation and Federal Law No. 122, the right of ownership to an apartment or any other real estate object arises from a new owner (buyer, heir, donee, etc.) only after collecting all the necessary documents that confirm the grounds for the transfer of ownership, and their submission to the state registering authority, which makes the corresponding entry in the USRR.
The Federal Law “On State Registration” approved the exact procedure for this procedure. It, according to the norms of the law, consists of the following stages:
- collection of a package of necessary documents;
- acceptance by the authorized body of documents for registration of ownership of an apartment (including a receipt for payment of state fees), and their registration;
- analysis of the legality of the transaction being made and a comprehensive legal examination of the documents provided;
- checking the absence of contradictions between the already registered rights and the declared ones, as well as identifying other grounds that may cause the refusal to register ownership of this property;
- making an appropriate entry in the state register (in the absence of legal grounds for refusing registration);
- making appropriate inscriptions on the documents of title confirming the completion of the registration procedure;
- issuance of an appropriate certificate of state registration of ownership of the property to the apartment owner.
What documents are required
Jose Perez. The bureaucrats of medicine
In order to register the ownership of an apartment, a package of papers should be submitted to the authorized registering body, including the following documents:
- application of the established form;
- a receipt confirming the payment of the state registration fee;
- passport or any other identity document of the applicant;
- an extract from the BTI with a detailed plan of the registered premises;
- Tax registration certificate;
- a statement of the spouse’s consent to the transaction, certified by a notary, or a statement confirming that the person is not married;
- documents of title that confirm that the seller (donor, testator, etc.) has ownership of this apartment, which arose earlier (for example, it can be a previously issued certificate of state registration of ownership or other documents of title);
- a document confirming the transfer of ownership of the registered apartment (for example, a donation, exchange, sale and purchase agreement, etc.), while the agreement must be registered with the registration service.
This is only a basic list of documents. Depending on the type of the transaction with the apartment, the registering authority may require some other documents..
- permission of the guardianship and trusteeship authorities for the sale of an apartment owned by a minor child;
- documents confirming the legality of the redevelopment when selling the converted premises;
A complete list of documents must be submitted to the state registration authority.
Obviously, state registration of ownership of an apartment or any other type of real estate is a complex and lengthy process, which can also be complicated by a number of circumstances. For example:
Refusal of the commission to register property rights
There may be several reasons for the registrar to make such a decision:
- incomplete package of documents provided;
- documents are incorrectly executed;
- incorrect or inaccurate information has been submitted to the registering authority;
- the registrar has some doubts about the authenticity of the documents provided;
- the presence of an arrest imposed on the registered apartment or a ban on certain transactions with it.
If a decision is made to refuse to register ownership of real estate, on the same day, the applicant is sent a written notice of this decision, which indicates the reasons for the refusal. At the same time, the owner, within the specified period, is obliged to eliminate the identified deficiencies and again provide a complete set of documentation for registration. If the owner does not agree with the refusal, then he can challenge it in court.
Evasion of registration of ownership
One of the parties to the apartment sale and purchase agreement evades registering ownership of it. In this case, in accordance with paragraph 3 of Art. 551 of the Civil Code of the Russian Federation, the other party has the right to go to court with a claim for state registration of the transfer of ownership, which is subject to mandatory satisfaction if the seller has fully fulfilled his obligations regarding the transfer of the property to the buyer. If the obligation to transfer has not been fulfilled, then the buyer has the right in the statement of claim to demand the simultaneous fulfillment by the seller of the obligation to transfer property and to fulfill obligations for state registration of the transfer of ownership.
Real estate fraud
For example, a seller concludes several contracts for the sale and purchase of the same property at the same time. What to do in this case and who has the right to an apartment?
As a rule, such issues are resolved only in court. Based on modern judicial practice, we can say that the court will satisfy the claim for state registration of property rights for the person to whom the seller transferred the property into possession (Art. 398 of the Civil Code of the Russian Federation). All other buyers have the right to claim in court from the dishonest seller compensation for losses that have arisen as a result of non-performance of the concluded purchase and sale agreement.
If one of the buyers has already managed to register the ownership of the purchased real estate, then the other buyers also have the right to demand from the seller to compensate for the losses incurred by them on the basis that the sale and purchase agreement was not executed.
In conclusion, I would like to say that state registration of property rights to real estate is a tool that allows you to ensure transparency of the real estate market, confirms the legality of transactions carried out with real estate, and is also aimed at protecting the rights of owners.
That is why the registration of ownership is of key importance when making transactions on the real estate market..
Thanks to this procedure, the owner proves his legal right to the apartment and receives an official document confirming it.