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On the new law on state registration of real estate. Law "On State Registration of Real Estate" (218-FZ): What changes the order of 218 from 13.07 came into force

Alimony
24.10.2020

Article 70. Feature of the implementation of state cadastral accounting and state registration rights to real estate objects in some cases

1. The registration authority is removed from the record part of the land plot, the information about which was made in accordance with " state cadastre real estate "before January 1, 2013 due to the presence of the corresponding land plot in state or municipal property, buildings, structures, facility of unfinished construction, in the case of:

1) withdrawal from the state cadastral accounting of the building, facilities, an object of unfinished construction in connection with the termination of their existence;

2) introduction to the Unified State Register of Real Estate Information on the description of the location of the building, facilities, the object of unfinished construction on the land plot.

2. State registration of property rights to the object of real estate, created under the contract concluded with the authority state powerorgan local governments, state or municipal Institution Or a unitary enterprise before January 1, 2011 and providing for construction, reconstruction on a land plot, which is in state or municipal property, the object of real estate with the involvement of extrabudgetary sources of financing and the subsequent distribution of the area of \u200b\u200bthe relevant real estate object between the parties to such a contract is carried out after the construction of this construction, the reconstruction of this Property object with a document signed by the parties confirming the fulfillment of obligations under such a contract, and in accordance with the distribution of the area of \u200b\u200bthe relevant real estate object provided for by this document.

3. The license registry authority in accordance with the established rules of the Unified State Register of Real Estate also removes the land plot from the State Cadastral Account taken into account in the established legislation Russian Federation order until March 1, 2008, in case the information on copyright holders of such sites is absent in the Unified State Real Estate Register.

3.1. Until January 1, 2040, the registration authority in accordance with the established rules for the implementation of the Unified State Register of Real Estate also removes the land plot from the state cadastral accounting provided to the citizen in accordance with the Federal Law "on the features of providing citizens land plotsin state or municipal property and located in the territories of the constituent entities of the Russian Federation, which are part of the Far Eastern federal District, and on amending the individual legislative acts of the Russian Federation, "on the basis of the statement of the authority of the state or local government providing such a land plot under state registration of termination of the contract gratuitous use Such a land plot due to the refusal of a citizen from the contract for a dopial use of the land plot.

3.2. The land registration authority removes the land plot from state cadastral accounting, the state cadastral record of which and (or) state registration of rights to which was carried out before September 1, 2018, in case the right of permanent (perpetual) use by such a land plot or the right to lease of such a land plot Reissued to a public servitude in accordance with Article 3.6 "On Entering Action".

4. The registration authority is removed from state cadastral accounting part of the premises, information about which was made to the Unified State Register of Real Estate until the day of entry into force of this Federal Law, in the case of:

1) removal from the state cadastral accounting of the appropriate room or building, the facilities in which the premises is located in connection with the termination of their existence;

2) termination of rights to such a part of the premises.

5. On the period up to 2020, the basis for the implementation of state cadastral accounting and (or) state registration of rights to real estate facilities, including land plots related to the property of the Armed Forces of the Russian Federation and the United States of the Russian Federation of Organizations to the Ministry of Defense of the Russian Federation The Federal Security Service, and containing a description of such an real estate object, on the basis of which information about the object of real estate is indicated in technical plan or by a land plan, is the Declaration on such a property. The form of this declaration, the requirements for its completion, the composition of the information included in it is established by the regulatory regulatory authority.

6. Features set by part 5 this articleare used in the implementation of state cadastral accounting and (or) state registration of rights to real estate facilities created before the day of entry into force "on the distinction of state ownership in the Russian Federation for Federal property, state ownership republics as part of the Russian Federation, edges, regions, autonomous region, autonomous districts, Moscow cities and St. Petersburg and municipal property. "

7. Entry. - Federal Law of 03.08.2018 N 340-FZ.

8. The Unified Development Institute in the Housing Sector submits to the Registration Authority for the State Registration Registration provided for by "on promoting the development of housing construction" Restrictions on the right of ownership of the Russian Federation on federal land plots, land plots formed from land plots, other in The federal property of real estate objects in respect of which the Unified Development Institute in the Housing Sewage in accordance with "On Promoting Housing Development" performs the functions of the Agent of the Russian Federation, under state registration of the right of ownership of the Russian Federation, lease and other burdens, established in favor of third parties, relations of these real estate objects or within one month from the date of adoption by the interdepartmental collegial authority of the decision specified in paragraph 2 of Part 1 "On Promoting Housing Development" and in accordance with which the Unified Institute Development in the housing area performs the functions of the agent of the Russian Federation.

9. The implementation of state cadastral accounting of part of the forest area as part of the Forest Fund lands in order to provide it for renting for work on the geological study of the subsoil, the development of mineral deposits, the placement of linear facilities and structures that are part of the components, without simultaneous registration of burdensation Forestry. The State Registration of the Bimension of the Forestry in the case specified in this part is carried out in accordance with Part 4 of Article 14 of this Federal Law.

10. Until January 1, 2024, the preparation of a technical plan in order to implement state cadastral accounting and (or) state registration of rights in the boundaries of horticultural or gardening citizens located within the boundaries of own needs buildings, structures related to the property of general use and created before the day of entry into force are carried out on the basis of a declaration drawn up and certified by the chairman of the horticultural or vegetable non-commercial partnership, and a guide document on the land plot of general purpose, which builds such buildings, structures. At the same time, to prepare the Technical Plan, providing permission to build and (or) permission to commission such buildings, structures, as well as other documents is not required.

11. In the case of admission to the registration authority of the government, local governments, the Organization referred to in paragraph 1 of Article 19 of this Federal Law, statements about the state cadastral accounting and the documents attached to it in relation to the relevant real estate object, including the issued In the period from January 1, 2018 to August 1, 2018, permission to enter the object capital construction commissioned, the registration authority is simultaneously with the cadastral accounting of the object real Estate Provides information about the zone with the special conditions of the territory of the territory in the Unified State Register of Real Estate in accordance with the rules established by Article 34 of this Federal Law, if, in accordance with the specified permission to commission the Object situation, it was a solution to the establishment of a zone with the special terms of the territory of use.

12. Until March 1, 2021, the implementation of state cadastral accounting and (or) of the state registration of rights to a residential or garden house, created on a land plot, intended to be conducted by citizens of gardening, on the basis of only a technical plan and a guideline document on the land plot, if The Unified State Register of Real Estate is not registered by the applicant's right to the land plot on which the specified real estate object is located. In this case, information on the relevant property, with the exception of information about its area and location on the land plot, is indicated in the technical plan on the basis project documentation (if available) or the declaration specified in paragraph 11 of Article 24 of this Federal Law. At the same time, the presence of notification of the planned construction or reconstruction of the object of individual housing or a garden house, notification of the end of the construction or reconstruction of the object of individual housing or a garden house is not required. State Cadastral Accounting and (or) State Registration of Rights on a residential or garden house in the case established by this Party are carried out regardless of compliance with the requirements, installed part 2 Articles 23 "On the conduct of citizens of gardening and gardening for their own needs and on amending the individual legislative acts of the Russian Federation."

13. When conducting legal expertise documents submitted for the implementation of state cadastral accounting and (or) state registration of rights in the case provided by part 12 of this article, the state registrar of rights is inspected by the submitted documents for the availability or absence of stipulated clauses 1 - 10, 12, 14, 18, 19, 22, 35, 37, 41, 45 of paragraph 1 of Article 26 of this Federal Law of the grounds for the suspension of state cadastral accounting and (or) state registration of rights, the availability of guidelines or trusted documents for land and compliance:

1) information contained in the Unified State Real Estate Register;

2) the limit parameters of the relevant real estate objects established by the Federal Law.

THE RUSSIAN FEDERATION

THE FEDERAL LAW

About state registration of real estate



State Duma

Federation Council

List of changing documents
(as amended by federal laws of 30.12.2015 N 431-FZ,
from 26.04.2016 N 108-FZ, from 01.05.2016 N 119-FZ, from 02.06.2016 N 172-FZ,
from 23.06.2016 N 221-FZ, from 03.07.2016 N 265-FZ, from 03.07.2016 N 304-FZ,
from 03.07.2016 N 315-FZ, from 03.07.2016 N 351-FZ, from 03.07.2016 N 354-FZ,
from 03.07.2016 N 361-FZ, from 01.07.2017 N 141-FZ, from 29.07.2017 N 218-FZ,
from 29.07.2017 N 222-FZ, from 29.07.2017 N 247-FZ, from 29.07.2017 N 280-FZ,
from 25.11.2017 N 328-FZ, from 31.12.2017 N 486-FZ, from 31.12.2017 N 506-FZ,
from 12/31/2017 N 507-FZ, from 28.02.2018 N 36-FZ, from 03.04.2018 N 60-ФЗ,
from 01.07.2018 N 175-FZ, from 03.08.2018 N 308-FZ, from 03.08.2018 N 322-FZ,
from 03.08.2018 N 338-FZ, from 03.08.2018 N 340-FZ, from 03.08.2018 N 341-FZ,
from 03.08.2018 N 342-FZ, from 25.12.2018 N 478-FZ, from 12/27/2018 N 538-FZ,
dated 01.05.2019 N 76-FZ, from 06/17/2019 N 150-FZ, from 27.06.2019 N 151-FZ,
from 27.06.2019 N 153-FZ, from 07/18/2019 N 194-FZ, from 07.27.2019 N 238-FZ,
from 26.07.2019 N 254-FZ, from 02.08.2019 N 267-FZ, from 02.08.2019 N 286-FZ)

Chapter 1. General


Article 1. Subject to regulation of this Federal Law. Basic provisions

1. This Federal Law regulates relations arising in connection with the implementation of the state registration of rights to immovable property and transactions with it to be in accordance with the legislation of the Russian Federation of state registration, the state cadastral accounting of real estate, subject to such a record under this federal The law, as well as the management of a single state register of real estate and the provision of information provided for by this Federal Law contained in the Unified State Real Estate Register.

2. The Unified State Register of Real Estate is a consolidation of reliable systematized information about entitled in accordance with this Federal Law Real Estate, on registered rights to such immovable property, the basis of their occurrence, copyright holders, as well as other information established in accordance with this Federal Law.

3. State registration of rights to real estate - legal act Recognition and confirmation of the occurrence, changes, transition, termination of the right of a certain person to real estate or limitations of such rights and encumbrance of real estate (hereinafter referred to as state registration of rights).

4. State registration of rights is carried out through the introduction of a record of the right to real estate in the Unified State Register of Real Estate, information about which is included in the Unified State Real Estate Register.

5. State registration of law in the Unified State Real Estate Register is the only proof of the existence of registered law. Registered in the Unified State Real Estate Register The right to real estate can only be challenged in court.

(Part 5 as amended by Federal Law of 07/03/2016 N 361-FZ)

6. State registration is subject to ownership and other real rights On real estate and transactions with it in accordance with Articles 130, 131, 132, 133.1 and 164 of the Civil Code of the Russian Federation. In cases established by federal law, state registration are subject to emerging, including on the basis of the contract, or the act of state authority, or the act of local self-government, restrictions on the rights and encumbrance of real estate, in particular, servitude, mortgage, trust management, rent, hire Residential premises.

7. State cadastral records of real estate - introduction to the Unified State Register of Real Estate Information about land plots, buildings, facilities, premises, places, places, on objects of unfinished construction, on unified real estate complexes, and in cases established by federal law, and other objects that are firmly related to land, that is, the movement of which is impossible without disproportionate damage to their purpose (hereinafter also - real estate objects), which confirm the existence of such a real estate object with characteristics that allow it to determine it as an individually-defined thing, or confirm the termination of its existence, as well as other information provided for by this Federal Law (hereinafter referred to as the State Cadastral Accounting ).

(as amended by Federal Law of 03.07.2016 N 315-FZ)

8. The provisions of this Federal Law do not apply to state accounting and state registration of rights to air and sea vessels, internal navigation vessels, subsoil sections.

Article 2. Legal basis of state cadastral accounting and state registration of rights

1. The legal basis of state cadastral accounting and state registration of rights amounted to the Constitution of the Russian Federation, Civil Code Of the Russian Federation, this Federal Law, other federal laws and the other regulatory issued in accordance with them legal acts Russian Federation.

2. In cases established by this Federal Law, acts of the President of the Russian Federation and the acts of the Government of the Russian Federation, legal basis The state cadastral accounting and state registration of rights also constitutes the regulatory legal acts of the federal executive body authorized to carry out the functions on regulatory legal regulation in the field of conducting a single state register of real estate, the implementation of state cadastral accounting of real estate, state registration of rights to immovable property and transactions with Him, providing information contained in the Unified State Real Estate Register (hereinafter referred to as the regulatory regulatory authority).

Article 3. The body exercising public cadastral records and state registration of rights

1. State Cadastral Accounting, State Registration of Rights, Maintaining a Unified State Register of Real Estate and the provision of information contained in the Unified State Real Estate Register is carried out by the Commissioner of the Government of the Russian Federation federal organ The executive and its territorial bodies (hereinafter referred to as the license authority).

2. The federal executive body specified in Part 1 of this article:

1) coordinates and controls the activities of the registration authorities;

2) ensures compliance with the registration authorities for the rights of the Common State Register of Real Estate, and also operates the operation of the Federal State information system maintaining a single state register of real estate;

3) develops and issues methodological materials for the registration authorities for the implementation of state cadastral accounting, state registration of rights, conducting a single state register of real estate, the provision of information contained in the Unified State Real Estate Register;

4) provides training and improvement of the qualifications of employees of the registration authorities;

5) carries out other powers established by this Federal Law and other federal laws.

3. The competence of the registration authority in the implementation of the state cadastral accounting and state registration of rights includes:

1) acceptance of the statement of state cadastral accounting and (or) state registration of rights and documents attached to it;

2) checking the reality of documents submitted by the applicant and the availability of appropriate rights in the person who has prepared a person or authority;

3) checking the presence of previously registered and previously stated rights;

4) State Cadastral Accounting and State Registration of Rights;

5) issuance of documents confirming the implementation of state cadastral accounting and (or) state registration of rights;

6) maintaining a single state register of real estate and the provision of information contained in it;

7) adoption in the manner prescribed by the authority of regulatory regulation, non-manifest real estate;

8) other powers established by this Federal Law.

(Part 3 as amended by Federal Law of 07/03/2016 N 361-FZ)

4. The individual powers of the registration authority provided for by part 3 of this article, with the exception of the powers provided for in paragraphs 2 - 4 of Part 3 of this article, on the basis of decisions of the federal executive body specified in paragraph 1 of this article, are entitled to subordinate the federal state budgetary institution. In order to apply the provisions of this Federal Law, the federal state budgetary institution, authorized in accordance with the specified decisions, is considered an authority for the registration of rights. At the same time, such a federal state budgetary institution applies to the N 210-FZ "On the organization of the provision of state and municipal services" the requirements for the organization and procedure for interaction with applicants in the provision of public services and the provisions on the responsibility for violating these requirements . The provisions of this Federal Law apply to such a federal state budget institution In addition, since other does not follow from the creature of relevant legal relations.

(as amended by Federal Law of 03.07.2016 N 361-FZ)

5. The powers provided for by part 3 of this article can be transferred to the executive authorities of the constituent entities of the Russian Federation by the Resolution of the Government of the Russian Federation in the manner established by the Federal Law of October 6, 1999 N 184-FZ " general principles Organizations of legislative (representative) and executive bodies State power of the constituent entities of the Russian Federation ". In order to apply the provisions of this Federal Law, the executive authority of the constituent entity of the Russian Federation, which, in accordance with this part, the authority of the registration authority is considered to be an authority for the registration of rights.

(Part 5 introduced by federal law from 03.07.2016 N 361-FZ)

Article 4. Participants in relations in the implementation of state cadastral accounting and state registration of rights

Participants in relations arising from the implementation of state cadastral accounting and (or) state registration of rights are the owners of real estate and owners of other subjects to the state registration of rights to it, other persons in cases provided for by this Federal Law, including citizens of the Russian Federation, foreign citizens and stateless persons, Russian and foreign legal entities, international organizations, Union State, foreign states, Russian Federation, constituent entities of the Russian Federation, municipalities, government bodies of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments, cadastral engineers, notaries, bailiffs, on the one hand, and the registration authority on the other.

Article 5. Identifiers used in the jurisdiction of the Unified State Register of Real Estate

1. Each property of real estate, information about which is made to the Unified State Register of Real Estate, has an unchangeable, not repeated in time and in the territory of the Russian Federation a cadastral number assigned to the registration authority.

2. Each entry on the right to the object of real estate, information about which is made to the Unified State Register of Real Estate, the restriction of the law or encumbrance of the property is identified by immutable, not repeated in time and on the territory of the Russian Federation registration number.

3. In order to assign real estate objects of cadastral numbers, the registration authority provides cadastral division of the territory of the Russian Federation to cadastral districts, cadastral districts and cadastral quarters (hereinafter referred to as the cadastral division units). When establishing or changing the units of cadastral division, the relevant information is made to the Unified State Real Estate Register on the basis of legal acts of the registration authority.

4. The boundaries of the zones with the special conditions of the use of territories, territorial zones, the boundaries of public servitude, the boundaries of the territories of the cultural heritage sites (historical and cultural monuments) of the Peoples of the Russian Federation (hereinafter - the objects of cultural heritage), especially protected natural territories, special economic zones created in In accordance with the Federal Law of July 22, 2005 N 116-FZ "On Special Economic Zones in the Russian Federation" (hereinafter - special economic zones), hunting grounds, territorialists of ahead of socio-economic development, areas of territorial development in the Russian Federation, gambling zones, Foresties, State Border of the Russian Federation, borders between the constituent entities of the Russian Federation, borders municipalitiesborders settlements, coast lines (borders of water bodies), borders of the Baikal natural territory and its ecological zones, information about which was made to the unified state register of real estate, have an immutable, not repeated in time and on the territory of the Russian Federation identification registry number (hereinafter referred to as the registry number of borders), assigned to the registration authority.

(as amended by federal laws from 03.08.2018 N 341-FZ, from 27.12.2018 N 538-FZ, from 07/18/2019 N 194-ФЗ)

5. The order of cadastral division of the territory of the Russian Federation, the procedure for assigning real estate objects of cadastral numbers, registration numbers, the registry numbers of boundaries is established by the regulatory regulatory authority.

Article 6. Geodesic and Map Fundamentals of the Unified State Register of Real Estate

1. The geodetic basis of the Unified State Register of Real Estate (hereinafter - the geodesic basis) are state geodetic networks, as well as geodetic networks special purposeCreated in accordance with the legislation on geodesy and cartography (hereinafter referred to as the supporting air networks).

2. The cartographic basis of the Unified State Register of Real Estate (hereinafter referred to as the cartographic basis) is a single electronic cartographic basis created in accordance with the legislation on geodesy and cartography. Information on a cartographic basis is posted on the official website of the registration authority in the information and telecommunication network "Internet" (hereinafter - the official website).

(as amended by Federal Law of 30.12.2015 N 431-FZ)

3. Geodesic and cartographic bases are created and updated in accordance with the legislation on geodesy and cartography.

(Part 3 as amended by Federal Law of December 30, 2015 N 431-FZ)

4. Local coordinate systems installed in relation to cadastral districts are used for the Unified State Register of Real Estate, with the parameters of the transition to a single state coordinate system, and in the established authority of the regulatory regulation, cases are used state system coordinates.

(Part 4 as amended by Federal Law of December 30, 2015 N 431-FZ)

5. Local systems Coordinates against cadastral districts are established by the federal executive body specified in paragraph 1 of Article 3 of this Federal Law, in the manner prescribed in accordance with the legislation on geodesy and cartography.

(Part 5 introduced by federal law of 30.12.2015 N 431-FZ)


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From January 1, 2017 new law On registration of real estate number 218 (hereinafter referred to as 218-FZ, the law) begins its work.

New rules for the design of property rights and putting on the cadastre are designed to improve the system of recording real estate in the Russian Federation.

Legal document will simplify the implementation of transactions, it will help to create a single database of real estate accounting to exclude confusion, will increase the quality of government services provided.

Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phone below. It's fast and free!

The legislative framework

The new 218-FZ will come to shift 122-FZ and 221-FZ. In the development of a new federal law, European experience was borrowed in providing public services to design transactions with property.

When creating a unified information base, the costs of specialized government institutions and customers who use appropriate services are reduced.

The new law will begin its action from the first day of 2017. The law will regulate legal relations In the subjects of the Russian Federation in connection with the following:

  • Property ownership, as well as a deal with it require state registration of rights;
  • Adding the necessary data on property objects to the Unified State Register of Real Estate (EGRN), as well as the provision of information from it to clients;
  • Property requires to make in the cadastral base.

Thus, new provisions combine Articles 122-FZ and 221-FZ. The new law does not abolish them, but clarifies that they do not contradict this law (218-ФЗ, part 4, Article 72).

Making information in the registry

13 Article 218-FZ regulates where information may be received from:

  1. Information from the Base Cadastre (inventory) or / and fixing the right to property. The main characteristics of the object, the data on the owner, encumbrances and restrictions, carry out any transactions are made.
  2. Submission of information from other departmental structures. Information is added within 5 days from the date of receipt of new information from interdepartmental structures, or the refusal for 15 days is sent.
  3. Directed notice. Used in cases where the owner of the property remains the same, but the object parameters are changed.

If you want to know about the ways to correct the cadastral errors in the cadastral information, we advise you to read.

In the 3 article of the law, the responsible for fixing the rights and accounting in the cadastre of object parameters is appointed. Previously, this institution was only responsible for registration, and the Federal Cadastral Chamber of Rosreestra was responsible for the cadastral database.

To make a fixation of rights, ownership needs to be added to the cadastre base. This rule was valid before the start of the Federal Law No. 218.

If information about the object will be absent in the registry (after January 1, 2017), the State Registration of Rights and Accounting on Cadastre will be produced together. Before the formation of the joint registry it was impossible.

The renewal of the data in Rosreestre is carried out in some cases registered in paragraph 14 of the article of the Law (when providing relevant documents):

  • Inheritance.
  • The divisions of government agencies adopted acts that change the right of ownership of property. The decision should be based on legislative Base Russian Federation.
  • Court decisions.
  • Real estate operations(alienation, donation, purchase and sale, etc.), not conflicting with the law of the Russian Federation.
  • Performing cadastral works in the complex(land surveying, technical plan development, etc.).
  • Privatization property.
  • Issuance government agencies certificates of ownership or other documents containing possession data.
  • Providing other documents indicating a change in ownership.

Information in the register of rights is entered along with Cadastre data in situations (Article 14, paragraph 3):

  1. The property registered earlier in Rosreestre ceased existence;
  2. Selection of part of the property or termination of its existence;
  3. Formation of the object of real estate (do not include precedents when property is alienated in favor of the state for various needs).

Article 14 (paragraph 4) there are exceptions when the right to housing (another object of property) can be issued without recording in the inventory (in this case, information about the facility should already be contained in a single base):

  • Real estate made in single register, became "none";
  • In the new building (in the house, more than three apartments) is issued by the right to the apartment;
  • The rights are fixed to the land station, seized in favor of the state, as well as on the redistribution of landing borders who are in possession of state-owned bodies;
  • Change of owner;
  • Face confirms his rights to the object that arose before July 21, 1997(Start action 122-ФЗ).
  • The rights of ownership imposes encumbrance, as well as the removal of these restrictions.

In addition, the new law indicates cases when cadastral registration can be carried out without registration of real estate rights (Article 14, paragraph 5):

  1. The object (its part, including with the encumbrance), which did not register earlier in EGRN, ceased existence;
  2. Apartments in an apartment built house and machine-space (in previous laws, such a term does not occur) already registered with the developer already registered in EGRN;
  3. The main signs of an object from the registry change.

Application rules

The law prescribes the duration of the processing of submitted documents: they will be reduced - up to seven days (when registering rights), up to five days (on making changes to the inventory and fixing the purchase of housing in a mortgage loan), up to ten days with a one-time registration and registration.

Information is issued within 3 days. Documents filed through a unified center of documents are processed for 2 days longer. Days are considered only workers.

Article 15 of this Law limits the circle of persons who can make data on property into a single base:

  • Object owner or other copyright holder;
  • State or municipal authority, as well as Rosatom Corporation, who made the decision on the delivery of the facility.

The statement to Rosreestr is served:

  1. Personally by the applicant (in Rossrester, MFC). The applicant (physical or legal person) has the right to choose any convenient organ regardless of its location, regardless of the location of the registered object (before the creation of EGRN it was impossible);
  2. Mailing to Rosreestr (by the applicant personally);
  3. Through state services.ru, as well as on the special page of the Internet of the official website of the Rosreestra.

Rosreestr on the new law should request required documents Developers and other legal entities who applied to the registration statement in other profile structures.

Earlier, the duty to provide a full package of documents was entrusted to the legal entity, now the law leaves the right legal entities Submit constituent documents on your own initiative, without obliging it to this.

Failure and responsible

New legislative act Clearly prescribes the reasons that can be the basis for refusing to register rights or formulate cadastral accounting (Article 27):

  • The client did not confirm the identity (did not prevent a passport) or provided documents through another person who had no right to this;
  • Documents filed through electronic resources do not correspond to the established forms;
  • In the documents submitted, inaccuracies, corrections, registers, as well as there are damages that do not give accurate reading information;
  • No customer signature;
  • Not payment of duty;
  • The USRP contains information about the impossibility of changes in the right of ownership. (for example, there is an encumbrance or a personal part of the owner is required).

If the registrar doubts the authenticity of the documents submitted, in the correctness of the information specified by the applicant (in 3 of the article 218-ФЗ more than 50 reasons), it can suspend the registration procedure for 3 months (until the law enters into force, the registrar could suspend the procedure for 1 month).

The applicant can also send a request to suspend the registration process for up to 6 months. The petition can be directed only once.

The process is suspended until the reasons for interfering registration will not be eliminated. In case of the impossibility of eliminating the causes, the registration will be denied.

The law regulates the issuance of an extract from EGRN to confirm the formation on cadastral records or registration of rights. The issuance of certificates under the new rules is not provided.

In the 10th chapter 218-ФЗ, the measure of responsibility for inaction or unreasonable actions in the procedure for registration of rights or registration on Cadastre is clearly spelled out.

Article 67 speaks of the responsibility of a separate person (state registration)

  1. For late making data;
  2. For making information inappropriate reality (except when the data is submitted through other sources);
  3. For refusal or suspension of the registration process for reasons not specified by this Law.

If the information about the apartment, the building, land, and other, contained in EGRN, were lost or distorted, the responsibility lies at Rosreestr (Article 66).

In turn, the state registration authority has the right to demand subsequent compensation from organs or persons who are guilty of what happened.

From 2020, Article 67 of this Law will enter into force, according to which the victim may require compensation for the loss of ownership of the Rosreestra's fault.

Federal Law No. 218 is intended to simplify the process of fixing real estate, save time and means of visitors and the state, will collect the most complete and accurate base on real estate objects, real estate operations will become more transparent, and therefore safe for buyers and sellers.

The law on registration of property rights to real estate objects enters into force on January 1, 2017, which innovations are waiting for us in the new year. We offer you to watch a video.

The management of the Rosreestra in St. Petersburg resembles entrepreneurs that the law entered into force, which provides for the introduction of a single state register of real estate (EGRN) and a single accounting and registration procedure - Federal Law of July 13, 2015 No. 218-FZ "On State Registration Real estate. " The management of the Rosreestra in St. Petersburg resembles entrepreneurs that the law entered into force, which provides for the introduction of a single state register of real estate (EGRN) and a single accounting and registration procedure - Federal Law of July 13, 2015 No. 218-FZ "On State Registration Real estate. "

The main innovations of the Federal Law of July 13, 2015 №218-FZ "On State Registration of Real Estate"

Unified procedure:

It is possible to submit an application for cadastral accounting and registration of rights within the framework of a single procedure. The introduction of a single procedure reduces the term and simplifies the design of a number of real estate objects. Term:

  • 10 working days from the date of admission to the registration authority for the license of the statement of state cadastral accounting and state registration of rights and the documents attached to it;
  • 12 working days from the date of reception of IFC applications for the implementation of state cadastral accounting and state registration of rights and the documents attached to it.

For the first 9 months of 2017, 5821 application for a single accounting and registration procedure was submitted. In total, for this period, 799,408 statements about the state cadastral accounting and (or) state registration of rights to immovable property are submitted.

Term of accounting and registration actions:

The term of state cadastral accounting and state registration of real estate rights is reduced:

  • 7 working days from the date of admission to the authority of registration of the rights of the statement for the implementation of state registration of rights and the documents attached to it;
  • 9 working days from the date of admission to the IFC of the statement for the implementation of state registration of rights and the documents attached to it;
  • 5 working days from the date of admission to the authority of registration of the rights of the statement for the implementation of state cadastral accounting and the documents attached to it;
  • 7 working days from the date of reception of MFC applications for the implementation of state cadastral accounting and the documents attached to it

Currently, the average actual deadline for registration of rights is 6 working days.

Exterritoring:

Implemented the opportunity to submit documents for the State Registration of Rights exterritorial principle (regardless of the location of real estate). In all regions of the Russian Federation, offices of receiving such documents have been identified. In St. Petersburg, the reception of documents on the extraterritorial principle (i.e., in relation to real estate objects not located on the territory of St. Petersburg), the branch of the FCP Rosreestra is carried out in St. Petersburg in two offices allocated for this. Reception is carried out only by appointment through the Rosreestra portal. In the case of applying for an extraterritorial principle, the registration of rights is carried out territorial body Rosreestra at the location of the property on the basis of electronic documents created at the time of reception from the applicant of documents in paper and signed by the reinforced qualified electronic signature of the state registrar of this region. In this case, the State Registrar is also obliged to verify the submitted documents for no provided by law "On state registration of real estate" grounds for refunding the application without consideration, as well as their compliance with the requirements of the law.

The service is in demand in St. Petersburg. For the first 9 months of 2017, 4237 applications were adopted on an extraterritorial principle against real estate objects located in Moscow and the Moscow Region, Leningrad and Tyumen regions, Republics of Yakutia and Komi, Stavropol and Magadan Territories, i.e. Almost all regions of the Russian Federation.

Electronic services:

On the portal of Rosreestr.ru, more than 30 electronic services were developed, including the most popular:

  • "Personal Cabinet of the Rightholder",
  • "Personal Cabinet Cadastral Engineer",
  • "Query execution check" (status of an accounting and registration procedure),
  • "Check electronic document"(Print representation of extracting and verification of the correctness of the electronic digital signature),
  • "Background information from EGRN online",
  • "Extract from EGRN on the main characteristics and registered rights to the object of real estate";
  • "Apply for state registration of rights";
  • "Public cadastral card".

Provision of services B. in electronic format - One of the main directions of development of the Russian accounting and registration system. Thanks to modern information technologies It was possible to remotely contact Rosreestr. Using the services of Rosreestra in electronic form, the applicant receives three advantages: time saving, eliminating the influence of the human factor and reducing the cost of state duty. The applicant does not lose time on a visit to the office, can get a service through the service on the Rosreestra portal at home or at work at a convenient time.

For the first 9 months of 2017, 22,974 applications were repaid on the state registration of rights in electronic form, which is 2.5 times more than in the same period of 2016 (8,905).

"Single window":

In St. Petersburg, submit statements and requests in order to obtain Rosreestra services on paper can be in any of the 58 MFC offices in all areas of the city at a convenient time, including on weekends. MFC are endowed with the authority to receive and issuing documents on the main government services of Rosreestra:

  • formulation of cadastral records
  • registration of rights to real estate,
  • unified procedure for cadastral accounting and registration of rights,
  • providing information from the Unified State Register of Real Estate (EGRN).

If necessary, it is possible to apply. Works more than 1000 windows of reception of documents. In the Office of Rosreestra in St. Petersburg, more than 98% of documents in paper are received through multifunctional centers "My documents".

Target model simplification of business management procedures

Targeted modeling procedures for business and increasing the investment attractiveness of the constituent entities of the Russian Federation were developed on behalf of the President of Russia and approved by the Order of the Government of the Russian Federation. Twelve models are being introduced, defining actions and indicators in the main areas that most strongly affect the improvement of the investment climate in the regions of Russia. These areas, including the cadastral records and registration of rights to immovable property, therefore, they also created the relevant models. Registration of rights and cadastral records are finalizing real estate in the chain and directly depend on the quality and timing of the preparation of documents at the preceding stages.

Target models are aimed at reducing administrative barriers, reducing deadlines in the provision of public services, as well as the development of contactless technologies for communicating Rosreestra with citizens - an increase in the share of services rendered in electronic form and through the MFC network.

Today in St. Petersburg, in terms of indicators, the target models have already been implemented, in particular for the share of the provision of cadastral accounting and registration of rights on the basis of MFC on the total number of each of the services. In the framework of the implementation of target models and reduce administrative barriers, the number of refusals and decisions decreased suspensions during registration of rights and cadastral accounting. Currently, the share of suspension upon registration of real estate rights is 6.2%.

The Federal Law "On State Registration Registration Real Estate" dated July 13, 2015 №218-FZ allows you to suspend registration of the transition of rights in order to eliminate the shortcomings identified during the consideration of documents submitted to the state registration.

As part of the work on a decrease in the number of decisions on suspension (refusals) in the provision of public services for registration of rights to real estate, the Rosreestr Management Specialists in St. Petersburg conduct an analysis of the reasons why state registrars have made decisions on suspension or refusal to implement the state registration of rights to Real estate, and also prepare for applicants information materials (memos) and place them on the Rosreestr.ru website in the regional information block.

The new real estate registration law of 2018 -2017 replaced the Federal Law NO 122 and 221. In the Development federal Law European experience was applied about the registration of real estate in the issue of registration and carrying out transactions. The provisions of the new unified standard regulate the attitudes of the subjects for the following criteria:

  • making necessary information in EGRN;
  • indispensable registration of rights to ownership of property and operations conducted with them;
  • providing data from EGRN at the requests of citizens;
  • making information on real estate in the cadastral base.
Important clarification! Document 218 FZ with changes for 2018 does not cancel the action of previous rules, but only complements and clarifies them.

Changes 218 FZ "On State Registration Registration" concern the following:

All information about enterprises as property complexes Or uniform real estate complexes are now entered into the cadastre system. In art. 15 registered a circle of persons submitting a statecraft accounting and registering of rights. Application must be submitted personally or with the assistance of Russian Post Services. State registration of ownership of the apartment or other property is also possible through the electronic document management service on the online service of Rosreestra or the official website of the State Service.

Now the place of reference and other documentation does not affect such a fact as the registration of ownership of the apartment. MFC or territorial separation of the regpleumes is forced to take a package of documents where it is convenient to the client. A legitimate pretext for refusing to adopt papers for cadastral accounting and registration is considered impossible to reliably establish the identity of the applicant.

Comments 218 FZ "On State Registration of Real Estate" It is said that registration of the emergence and transfer of rights, as well as accounting on Cadastre is confirmed by writing from EGRN. At the same time, the registration of the contract is guaranteed by a special inscription on the document itself, fixing the essence of the transaction. The fixation of the procedure of testimony in accordance with the updated Real Estate Regulation 2018 is not provided.

Real estate registration law 2018 ("Consultant Plus" provides a complete overview of the changes in the document) provides for the payment of financial compensation for loss of housing rights, if it has been registered with EGRN. The norm is contained in Art. 68 legal instruments.

For the only suitable accommodation, compensation is paid once. Get the funds are entitled to the owner, which is not able to legally referred to him from a bona fide buyer for irresistible reasons. Equal norm applies to a conscientious acquirer who has been exterposed. Based on the document, the condition for obtaining compensation is the proven impossibility of requiring it from a third party within executive proceedings (For example, if the debtor was excluded from the EGRUL). The amount of compensation is established by the court.

Important clarification! The above-described provision for the possible refund for the loss of rights decorated into EMRN will only be valid from 01/01/2020.

EGRN

Abbreviation is deciphered as a single State Register Real estate. it electronic systemIn some hours, it consolidates the State Register of Rights to Real Estate Objects (USRP) and the State Distress (GKN). After the formation of a generalized base, EGRN users got the opportunity to submit much less papers. There is enough one statement for setting on cadastral records, and the registration procedures.

The electronic registry is a base where information is made on the terminated and existing rights to a variety of real estate objects. There are information about burdens, copyright holders, technical details (area, appointment).

Rosreestre

Many this institution is known as "Rodpalata". And the official name is long enough - federal Service State registration, shortview and cadastre. This organization is intended to conduct control and registration of data introduced in EGRN. In any region there are territorial organizations that are called the UFRS (Rosreestra Management) and the Office of the Cadastral Chamber (FCP). You can also check the registration in Rosreestre online. For this, a separate procedure has been developed.

UFRS

So called territorial branches of the head Federal organization Rosreestra. Deciphered as the Office of the Federal Registration Service. In essence, it is the same Rosreestr, only a local scale. There is a state registration of rights to real estate, as well as registration of real estate transactions and other operations.

FKP

This unit directly performs technologies: leads cadastral records, make entries to USRP or GKN regarding unfinished objects. This is a structural subsection of the UFRS. There are registered with real estate operations and the registration of all rights. Deciphered as the Federal Cadastral Chamber.

Registration of ownership of the apartment through state services or MFC begins with the collection of securities. The list depends on what the contract acts as the main thing, whether the seller has a spouse or minor children, whether the transaction is carried out on the primary property object or "secondary". In all cases, you can highlight the main and additional list of documents.

By the way! Registration of the right requirements for square meters located in a building under construction, this is not an analogue of the registration of property rights to the ready-made room. In the last version, the apartment may be both in the "primary" and in the secondary segment.

Primary market

To register the right of the request of the "quadrature" in the new building (still under construction), it will be necessary either DDU, or the assignment agreement right to require DDA. In the 1st case, apply for registration is entitled both the developer and the shareholder, and during the second scenario, the transaction participants are directly involved in the collection of the necessary securities.

When making a contract with the first shareholder of documentation, there are many:

  • permission to build a specific object (not a whole quarter, namely your home!);
  • details, constituent and statutory evidence of the developer;
  • design declaration with the necessary signatures and seals;
  • certificate of application money in the compensation fund;
  • certificate confirming the state registration of legal entities;
  • dD himself;
  • personal documents of the shareholder.

To register subsequent DDDs, papers will be less:

  • declarations of the developer and the shareholders on the conduct of the DDD registration procedure;
  • actually the contract together with a variety of applications to it;
  • personal documents for a shareholder (passport);
  • additional agreements between the shareholder and the developer, when those are available.

Additional list of documents looks like this:

  • notarized consent of the partner (spouse) to carry out a transaction;
  • mortgage mortgage contract and other papers from this financial organization when making a mortgage;
  • properly executed power of attorney, when the transaction is carried out with the participation of an intermediary;
  • receipt for the introduction of state duty;
  • when a minor supplement is involved in the transaction, the birth certificate or the child's passport (when there is).

Registration of ownership of an apartment in a new building (already built house) is most often held by the developer. But no one has the right to ban the buyer to take this feature on itself and do everything yourself. You will need:

  • statement;
  • act acceptance and real estate transmission;
  • cadastral housing passport;
  • mortgage and mortgage agreement, when issuing a loan;
  • personal passports of all future co-owners and the applicant;
  • check for payment of state duty;
  • power of attorney, certified by notaries, if a representative acts on behalf of the future;
  • the consent of the "second half" to commit a real estate transaction, certified notarized.

Secondary market

When registering a transaction with secondary housing, it will take much less papers than when signing the contract. You will need:

applications: from the client - for registration new apartment, from the seller - to transfer rights;

the payment of the payment of state fee (state duty in the registration of rights to immovable property in IFC or Rosreestre for individuals is established in the amount of 2 thousand rubles);

  • personal passports of all participants in the transaction;
  • power of attorney (in case of need);
  • advocating housing certificates (from the seller);
  • signed and certified notarized DKP in 3 copies;
  • mortgage contract, mortgage and paper mentioned in the mortgage (when there is);
  • cadastral (from 01.03.08) or technical (until 01.03.08) Housing Passport.

If the room is already on cadastral accounting, then last document Do not need (for Moscow and some other cities).

All prepared documents independently, through a representative or with the participation of Russian Post to Russia are transferred to the territorial division of Rosreestra. The registration of ownership of an apartment in MFC is also possible. You can register for the desired date in the telephone mode or using the services of the official website.

Attention! In Moscow, the UFRS divisions since 2014 do not work with individuals. So correctly will immediately go to the MFC. For other territories, this rule does not work.

Interestingly, employees of the MFC only accept documents for registration, and then transmit them to the management of Rosreestra. At the same time, they are not required to check the correctness of the filling of papers and establish their authenticity. As a result, there are situations when the package of documents is incomplete or incorrectly filled. All this leads to delays in registration, and sometimes the abandonment of the procedure.

To avoid such a situation, when preparing the documentation, it is better to apply for help from notary. He studies all the nuances and has the right to feed the paper for registration. You can use the services of other specialists.

In addition, an electronic registration of the ownership of an apartment is also possible. Such right is one of the novel FZ-218. However, before submitting documents, it should be taken to obtain a certificate of digital electronic signature. Such a "key" is issued by the certifying center and costs from 3 to 5 thousand rubles.

Clarification! Cadastral records of the presence of digital signature does not require.

Electronic registration of rights to real estate is not only convenient, but also beneficial. State duty when conducting a procedure with electronic methods is only 1.2 thousand rubles. BUT electronically digital key You will come in handy in the future.

You can check the readiness of documents in Rosreestre by receipt number. It will be given to you at the time of acceptance of documents. The display contains a list of submitted papers, the number assigned to your registration business and the term to which the procedure will be carried out.

Based on Art. 16 of the Law NO FZ-218 The registration period of rights to real estate in 2017 has declined significantly. The number of days depends on what the contract registers:

  • for mortgage agreements - 3 days (workers);
  • for DKP notarized - 5 business days;
  • for DKP without certificate (in conventional writing) - 7 slave. days.

Such data are valid only if documents are directly submitted to the Rosreestr. If the registration of the state registration of rights to real estate is made through the center administrative services (MFC), boldly add to the specified period from 2 to 5 days. This period will be needed to employees of the Center to transfer securities to destination and get them back after registration.

In some cases, registration is not so smooth, as I would like. According to Art. 26 NO218-FZ The registrar has as many as 55 reasons to stop or suspend the registration procedure. The full list can be found on the Rosreestra website or in the text of the law.

Attention! In the case of a temporary stop of registration, the period allotted on the procedure is canceled and after the resumption of actions begins to be awarded again.

When the registration is denied, the transaction is recognized as failed. In practice, officials, nevertheless, prefer to simply slow down the procedure before eliminating the causes.

State registration of rights to real estate is a rather complicated procedure. The reasons for refusal are the following:

  • nonstoves between the already existing and declared rights;
  • errors and inaccuracies in the documents provided were identified, or their fake was revealed;
  • submitted not a complete list of papers required for the procedure;
  • the registrar did not receive information requested by him on interdepartmental communication channels (from the notarial chamber, FTS or FMS);
  • the content and form of expression of the document do not comply with the laws of the Russian Federation (for example, there is no one of the essential conditions in the contract);
  • the consent of a third party is not granted to the transaction in cases where it is necessary (permission of the guardianship council, the consent of the spouse or credit institution);
  • the object was imposed on the object or encumbrance and such a limitation was not yet removed;
  • there is a judicial dispute regarding the object of real estate;
  • when implementing a share in common property The refusal to acquire this part by other participants who have preferential law on it;
  • no monthly period for notifying the seller of other distributions that have a priority right to purchase;
  • in the documentation filed for registration and discharge from EGRN there are discrepancies.

Also, registration is canceled or suspended according to any of the participants in the transaction or on the basis of a court decision.

If a refusal was received during registration, it can be appealed in court in installed manner. To implement this is the right to any participant in the transaction participating in the signing of the contract. In some cases, the court can not be brought to the trial. The decision is revised after making a claim to Rosreestr on the basis of the received document on refusal to register.

Conclusion

FZ NO218, taking into account all the editions and changes, makes certain adjustments to the process of issuing rights to ownership of real estate. Legal document allows you to significantly simplify the procedure, reduce the period of waiting and "repulse" the applicant from territorial proximity to the registered object.

Based legislative norm You can make a ban on the transactions without the personal presence of the applicant. This will be an additional protection against fraudsters. And if real estate, nevertheless, was lost, the citizen has the right to expect compensation from the state.

New Real Estate Registration Law 2020 (video)

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