MOSCOW, July 8 - RIA Novosti, Evgenia Petrova. From July 15, new amendments to the law will enter into force, canceling the issuance of certificates of state registration rights to real estate.
From this moment on, the emergence and transfer of rights to real estate will be certified only by an extract from the United state register rights to real estate and transactions with it. However, the certificates that were issued before that date do not need to be changed, and in general, the changes will not create problems for citizens who want to buy or sell their properties, lawyers and officials told RIA Novosti.
The essence of the amendments
The issuance of certificates of state registration of rights to real estate ceases in Russia from July 15. We are talking, among other things, about repeated certificates, according to Rosreestr. The department adds that the basis for the innovation was the amendments made to the Federal Law "On state registration of rights to real estate and transactions with it."
The Ministry of Finance clarified the features of the application of a patent for rental housingSole proprietor to apply patent system taxation when renting an apartment that is acquired in marriage, must obtain a notarized consent of the second spouse, even if the property is registered only in one of the spouses."From this moment on, state registration of the emergence and transfer of rights to real estate will be certified only by an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRR)," the press service of the department explains.
The extract confirms that on the date of issue indicated in it, the right to a specific real estate object was registered for a certain person, about which a registration entry was made on that day under the corresponding number, the department explains. The document can be obtained both in paper and in electronic format.
"In other words, the extract on the rights to the apartment of Ivanov I.I., issued on July 1, 2016, will be valid in 2050. But it will only testify that Ivanov I.I. was the owner on July 1, 2016, but not later. In order to confirm the ownership of Ivanov II in the future, it will be necessary to order new extracts ", - gives an example of the lawyer of the legal group" Yakovlev and Partners "Alexander Machnev.
There will be no revolution
One way or another, nothing revolutionary will happen for the applicants, the Ministry of Economic Development agrees. The law already provides for the certification of registration either by an extract from the Unified State Register of Legal Entities or by a certificate of registration. "At the same time, since January 1, 2017, the legislation provided for the certification of registration only with an extract of the Unified State Register of Legal Entities," the Ministry of Economic Development and Trade says.
Certificates that were issued before July 15, 2016 do not need to be changed, they confirm in Rosreestr. These documents confirm the fact of registration of the occurrence and transfer of rights on the date indicated in them as the date of issue.
The department explains that prior to the entry into force of the amendments to the legislation, the applicant could have already chosen whether to receive a certificate of property registration or an extract from the Unified State Register of Legal Entities when registering property rights. Cancellation of certificates does not change the procedure for registering rights, so nothing will change for applicants upon receipt of the service.
Registration documents can also be submitted electronically or contact the offices of Rosreestr, the Federal Cadastral Chamber, the MFC at the location of the object.
It is important to note that the cancellation of the issuance of certificates will not change the timing of the provision of services. The term for state registration of rights is 10 working days, unless otherwise provided by law.
As for duties, they will not change either. For example, for an individual they are 2 thousand rubles, and for legal entities - 22 thousand rubles.
Breaking the template
Therefore, replacing the certificate with an extract does not promise anything risky or terrible for citizens. It's just that for ordinary citizens, the cancellation of the issuance of a certificate is a kind of "break in the template", since they consider it the "main" document, but this is a delusion, the lawyer of the Leontiev & Partners Law Office Tamaz Mstoyan is sure.
"The main thing is a document - an agreement, an act government body, on the basis of which the property was acquired and the presence of registered rights to it in the Unified State Register, "he explains.
Nothing will change in the work of lawyers, realtors or the actions of citizens in real estate transactions. "Indeed, even now, in any transactions, owners must provide an extract from the Unified State Register, which must be requested additionally in addition to the document issued during the registration of the right. That is, in fact, the existing practice is simply consolidated," says Alexei Bernadsky, director of the Est-a-Tet real estate network.
"The only document that confirms the relevance of information about a real estate object is an extract from the Unified State Register, which is requested directly at the time of buying or selling an apartment. A person may have a certificate or extract from the register that he received when registering rights to real estate, but in fact they they only declare the right, but do not confirm it, "agrees lawyer Dmitry Shcheglov.
Therefore, the innovation will help ordinary citizens avoid mistakes when obtaining information, for example, about the apartment being purchased.
After all, not everyone can know, for example, that a paper certificate may be irrelevant at the date of verification of the information, says Dmitry Zheleznov, lawyer of the Real Estate and Construction practice of the YUST law firm.
But anyone can get an extract of their rights to a real estate object by simply making a request to Rosreestr, says Sergey Egorov, managing partner of the EMPP law office. It will confirm the fact and timing of the property being owned by the citizen at the time of its issuance. Such an extract may be needed to complete a transaction with a real estate object, the lawyer notes.
"The abolition of title deeds is really intended to strengthen the guarantee of registered rights, and also contributes to further improvement interagency cooperation when providing various government services. The copyright holder, as before, can receive an extract confirming the registration of rights, both in electronic and paper form, after the registration of rights, "the Ministry of Economic Development summarizes.
New amendments to the law abolishing the issuance of certificates of state registration of rights to real estate will enter into force on July 15, and from that moment on, the emergence and transfer of rights to real estate will be certified only by an extract from the Unified State Register of Rights to Real Estate and Transactions with It. But the certificates of state registration of rights that were issued before the specified date do not need to be changed, and in general, the changes will not create problems for citizens who want to buy or sell their properties, lawyers and officials told RIA Novosti.
The essence of the amendments
The issuance of certificates of state registration of rights to real estate ceases in Russia from July 15. We are talking, among other things, about repeated certificates, according to Rosreestr. The department adds that the basis for the innovation was the amendments made to the Federal Law "On state registration of rights to real estate and transactions with it."
"From this moment on, the state registration of the emergence and transfer of rights to real estate will be certified only by an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRR)," the press service of the department explains.
An extract is a document confirming that on the date of issue indicated in it, the right to a specific real estate object was registered for a certain person, about which a registration entry was made on the corresponding day under the corresponding number, the department explains. The document can be obtained both in paper and electronic form.
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In terms of the content of the statements that will be issued as confirmation of the registration of the right, they will not differ significantly from the statements that are requested, for example, to check the purity of the transaction when selling or buying an apartment. These documents are valid indefinitely, however, they record the state of affairs with the registration of rights to the property on the date of issue.
“In other words, the extract on the rights to the apartment of Ivanov II, issued on July 1, 2016, will be valid in 2050 as well. But it will testify only to the fact that Ivanov I.I. was the owner on July 1, 2016, but no later than. To confirm the ownership of Ivanov AND.AND. in the future, it will be necessary to order new extracts, "- gives an example of the lawyer of the legal group" Yakovlev & Partners "Alexander Machnev.
There will be no revolution
One way or another, nothing revolutionary will happen for the applicants, the Ministry of Economic Development agrees. The law already provides for the certification of registration either by an extract from the Unified State Register of Legal Entities or by a certificate of registration. "At the same time, since January 1, 2017, the legislation provided for the certification of registration only by an extract of the Unified State Register of Legal Entities", - say the Ministry of Economic Development.
The certificates of state registration of rights that were issued before July 15, 2016 do not need to be changed, they confirm in the Federal Register. These documents confirm the fact of registration of the occurrence and transfer of rights on the date indicated in them as the date of issue.
The department explains that prior to the entry into force of the amendments to the legislation, the applicant could have already chosen whether to receive a certificate of property registration or an extract from the Unified State Register of Legal Entities when registering property rights. Cancellation of certificates does not change the procedure for registering rights, so nothing will change for applicants upon receipt of the service.
Registration documents can also be submitted electronically or contact the offices of Rosreestr, the Federal Cadastral Chamber, the MFC at the location of the facility. At the same time, the terms and sizes of fees remain unchanged. “Everything is the same as when obtaining a certificate,” they say in Rosreestr.
It is important to understand that the cancellation of the issuance of certificates of state registration of rights does not change the terms for the provision of services. The term for state registration of rights is 10 working days, unless otherwise provided by law.
As for duties, they will not change either. For example, for an individual they are 2 thousand rubles, and for legal entities - 22 thousand rubles.
Breaking the template
Therefore, replacing the certificate with an extract does not promise anything risky or scary for citizens. It's just that for ordinary citizens, the cancellation of the issuance of a certificate is a kind of "breaking the pattern", since for citizens the certificate was considered and is considered the "main" document, but this is a delusion, says Tamaz Mstoyan, a lawyer at the Leontiev & Partners Law Office.
“The main thing is a document - an agreement, an act of a state body, on the basis of which the property was acquired and the presence of registered rights to it in the USRR,” he notes.
In the work of neither lawyers, nor realtors, nor in the actions of citizens in real estate transactions, nothing will change from a change in the form of a document certifying ownership. “After all, even now, for any transactions, the owners must provide an extract from the Unified State Register of Legal Entities, which must be requested additionally in addition to the document issued during the registration of the right. That is, in fact, the already existing practice is simply consolidated, says Alexei Bernadsky, director of the Est-a-Tet real estate network.
“The only document that confirms the relevance of information about the property is an extract from the USRR, which is requested directly at the time of purchase or sale of an apartment. A person may have a certificate or an extract from the register, which he received during the registration of rights to real estate, but in fact they only declare the right, but do not confirm, ”agrees lawyer Dmitry Shcheglov.
The term of a single procedure for registering an apartment in a new building will be 10 days
Therefore, the innovation will help ordinary citizens avoid mistakes when obtaining information, for example, about the apartment being purchased. After all, not everyone can know, for example, that a paper certificate may be irrelevant at the date of verification of the information, says a lawyer of the Real Estate and Construction practice Law firm YUST Dmitry Zheleznov.
But anyone can get an extract of their rights to a real estate object by simply making a request to Rosreestr, says Sergey Egorov, managing partner of the EMPP law office. This extract will confirm the fact and timing of the property being owned by the citizen at the time of its issuance. Such an extract may be needed to complete a transaction with a real estate object, the lawyer notes.
“The abolition of certificates of ownership is really intended to strengthen the guarantee of registered rights, and also contributes to the further improvement of interagency cooperation in the provision of various public services. The copyright holder, as before, can receive an extract confirming the registration of rights, both in electronic and paper form, after the registration of rights, ”the Ministry of Economic Development summarizes.
It will now be possible to confirm your ownership of an immovable object only with an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRR). The relevant provisions entered into force today (Art.2 Federal law dated July 3, 2016 No. 360-FZ "").
Earlier, we recall that the state registration of the emergence and transfer of rights to real estate was certified at the choice of the owner: either a certificate of state registration, or an extract from the USRR. At the same time, the certificate of state registration was drawn up only in the form of a document on paper (clause 1 of article 14 of the Federal Law of July 21, 1997, No. 122-FZ ""). Now such paper certificates, as well as electronic ones, will not be issued.
OPINION
Professor at the Russian School of Private Law, Partner law firm Pepeliaev Group, Ph.D. n.
"I would say so. Cancellation of a certificate of ownership of real estate is a little good thing that happened in our system of registration of rights to real estate for last years.
In general, I think that the decision once made by someone to issue beautiful, on a secure color form, with a "shiny" and with a large seal a document stating that the registrar made an entry in the register is just a crime against Russian law real estate. Ordinary people readily believed that the owner of a beautiful piece of paper is the owner. After all, she is so beautiful, so brilliant ... And they willingly made a deal with the one who demonstrated this paper.
In general, the new rule is just pushing buyers, mortgagees and other participants in the turnover to ensure that they believe only in the register, and not in some "beautiful" sealed paper. Only an extract from the register will give a correct idea of the state of rights to real estate ".
Surely each of us has already heard about the cancellation of the issuance of certificates of ownership from July 15, 2016. Why the legislator took such a step and how the rights to property of citizens will be guaranteed today will be told by the head of the department legal support Rosreestr Administration for the Republic of Bashkortostan Sergey Merezhnikov.
What has changed?
Indeed, since July 15, 2016 the issuance of certificates of state registration of rights has been terminated, including repeated ones. But this does not mean that the Russians were left without a title deed for their property. Now the state registration of the emergence and transfer of rights to real estate is certified by another document - an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRR). But I want to reassure our fellow citizens: for them, nothing will change in the procedure for registering property rights.
How, then, is the extract better than the previous certificate?
Firstly, in fact, the certificate and the Certifying extract are documents of the same type, they do not differ in principle in content. Replacing the certificate with a Certifying extract is primarily associated with the trend of the times and the course of Rosreestr for electronization public services departments and the development of so-called "contactless technologies". Already today, state registration of property rights according to documents submitted in electronic form is certified precisely by an extract from the USRR. And so that there are no discrepancies regarding the certifying document - "certificate" or "extract" - the legislator left only an extract. In addition, our citizens are already sufficiently informed that the statement is valid on the day of issue and, therefore, this document also does not give people erroneous confidence about the owner.
Secondly, I want to emphasize that according to the law, only the record of state registration of the right in the USRR is the only proof of the existence of the registered right. Therefore, both then and now, Rosreestr recommends before making a transaction, for example, when buying an apartment, ask the seller to update the data on the owners of the purchased apartment. You also need to pay attention to other important documents that remain in the hands of the owners: the purchase and sale agreement, receipts, acts of acceptance and transfer, wills, donations, court decisions.
Thirdly, the certificate extract from the USRR can be issued both in paper and in electronic form. In the latter case, the extract will be certified by an enhanced electronic digitally signed state registrar, which is protected from counterfeiting. In paper form, the Certifying extract is also certified by the signature of the state registrar and the official seal.
To change or not to change?
After the entry into force of the new law, previously issued certificates do not need to be changed to extracts. The testimony that people have in their hands legal force does not lose. This is the same document confirming the ownership until the moment when this right is transferred to another person.
I also want to give an answer to another popular question: how long is the statement valid and does it need to be constantly updated?
Let me explain right away: an extract from the USRR is of 2 types: Certifying , which is issued to the new owner after the state registration of the right to real estate, and extract of registered rights on the property. Last document slightly less complete, it lacks confidential information(passport details of the owner, numbers of documents-grounds for state registration, etc.), however, reflects all the necessary information (data about the owner and the property, the presence of encumbrances, etc.), Any interested person can receive a statement of registered rights.
A certifying extract from the Unified State Register, which will be issued to you after state registration, is valid at the time of issue. However, if you do not plan to dispose of the real estate in the near future, then you can safely put this statement on the shelf, as you would do with an ordinary paper certificate.
In addition, today, today, authorities, municipalities, notaries and even banking and insurance organizations are obliged to independently, without the participation of citizens, request extracts of registered rights in Rosreestr, and it is in electronic form.
How do I get a statement?
It is not difficult to obtain an extract of registered rights. This can be done in two ways: with a personal contact with Multifunctional Center, or to the Cadastral Chamber and electronically. And the second method - electronic - Rosreestr considers more convenient. Across electronic service, which has been working for several years, it is much easier and faster to get a statement. Realtors, notaries, developers, representatives of the banking sector, insurance companies, government departments actively use electronic services. It is very convenient and you don't have to go anywhere. All that is required is to open the site, select the service "Provision of information from the USRR" and submit a request. The statement will be sent to the email address with an electronic digital signature authorized person... It will cost 200 rubles individuals obtaining an extract of registered rights from the USRR in paper form, in electronic form - 150 rubles. For comparison: issuing a repeated certificate on paper cost individuals 350 rubles, legal entities - 1000 rubles. A certifying extract from the USRR is issued free of charge.
Cancellation of the certificate of state registration of property rights took place in July 2016. This means that the usual certificates of state registration of rights from July 15, 2016 are no longer issued. Since it was from this date that amendments to the Law "On state registration of rights to real estate and transactions with it" came into force (clause 1 of article 2, part 1 of article 21 of the Law of 03.07.2016 N 360-FZ). Instead of a certificate, the copyright holder can only receive an extract from the Unified State Register of Rights to Real Estate and Transactions with It - USRR (clause 1 of article 14 of the Law of 21.07.1997 N 122-FZ).
Recall that before the amendments were made to the Law, the copyright holder could independently choose which document he needed to confirm his ownership - a certificate or an extract from the USRR ().
What has changed in connection with the cancellation of the issuance of a certificate of state registration of rights
So, in connection with the cancellation of certificates of state registration of rights, state registration of the emergence of rights and the transfer of ownership is now certified only by an extract drawn up in a certain form (approved by Order of the Ministry of Economic Development of 03/22/2013 N 147). An extract can be provided both on paper and in electronic form, in contrast to the previously issued certificate, which could be drawn up exclusively on paper (clause 1 of article 14 of the Law of 21.07.1997 N 122-FZ as amended, valid . before 07/15/2016).
The extract from the Unified State Register of Enterprises contains the following information:
- about the copyright holder;
- about the property;
- on the registered right to the real estate object (on a specific date and under a specific number);
- on documents of title.
Thus, the extract, as well as the certificate, contains all the necessary information confirming the state registration (Information of the Federal State Registration Service of 07/15/2016).
Those certificates that are currently in the hands of copyright holders do not need to be changed to extracts. Cancellation of the issuance of certificates does not mean that previously issued documents have become invalid.