May suspend registration. Grounds for suspension of state registration of rights

Last update: 10.10.

The law gives exhaustive list of grounds to suspend the registration process. In particular, they relate to both the registration of the purchase and sale of an apartment on, and registration Equity Participation Agreements (DDU) on .

Suspension state registration rights to real estate(apartment) can happen by the decision of the registrar on the following grounds:

there are contradictions between the declared rights and already registered rights;
not presented;
the submitted documents are not authentic, or the information contained in them is unreliable;
the form and content of the documents do not comply with the legislation of the Russian Federation ( for example, some);
the registrar did not receive the information that he requested for registration purposes through interdepartmental channels ( for example, he did not receive a response from the Federal Tax Service, the Federal Migration Service or from the notary chamber);
there is no consent to a real estate transaction where such consent is required ( for example, or the consent of the lender bank in a mortgage transaction);
there is a legal dispute regarding the rights to the property that is the subject of the mortgage;
the real estate object has been seized or prohibited from performing certain actions with it ( e.g. prohibition of alienation);
when selling a share in the right of a common shared ownership, is absent from the purchase of this share, and a month has not expired from the date of notification by the seller of the share of the remaining participants in shared ownership;
when registering on the primary market, it turns out that the developer company has not made the due deductions in;
there are contradictions between the information about the property contained in the documents submitted for registration and the information contained in unified register real estate ( for example, the area of the apartment does not match according to the documents, and according to the USRN data).

In addition, registration can also be suspended by court order..

These are the most likely reasons why the registration of documents in Rosreestr can slow down. Full list of grounds to suspend the process of registration of rights to real estate transactions consists of 55 points, which are listed in subparagraphs 1-55, Opens in a new tab. "> paragraph 1, article 26, FZ-218 of 13.07.2015.

By the way, for the same reasons, not only the process, but also the process of setting up real estate objects on cadastral registration .

And so that the participants in the sale and purchase of an apartment ( for example) were aware that the registration of their transaction was slowed down, Rosreestr is obliged to send them notice of suspension of registration of property rights, indicating all the reasons why this suspension occurred ( clause 5, article 29, FZ-218).

How exactly ( in what way, in what form) this is notification will be sent to the participants in the transaction, it is better to clarify directly at the place where the documents for registration are accepted.

Registration suspension period

Terms of suspension of state registration of rights for real estate are specified in the same law ( clauses 2-8, Opens in a new tab. "> Articles 26, FZ-218 of 13.07.2015).

V general case, the period for suspension of registration of rights lasts until the reasons for this suspension are eliminated, but not more than 3 months.

In particular cases, the timing of suspension of registration of rights may differ, for example, in the following situations:

If the registrar did not receive a response upon a request made by him through interdepartmental channels, the maximum suspension of registration can be no more than 1 month.
In case of sale of a share in ownership of real estate, registration may be suspended for up to 1 month from the date the seller notifies the share of the remaining participants in shared ownership.
In the event of a legal dispute in relation to property rights, the delay in registration of rights will last without time limit, until the dispute is resolved by a court.

And what will happen after the expiration of these suspension periods? It's simple - either registration will be renewed or registration will be refused (see below about it).

on real estate only after suspension registration, and only if the reasons for this suspension not eliminated within the period specified by law ( see above). This is clearly stated in Opens in a new tab. "> Article 27, FZ-218.

By the way, it is better for sensitive people to know in advance that in case of refusal to register ownership of an apartment paid state duty for registration - will not be returned. And there is no need to make a row in this case, this is the law.

If the reasons for the suspension of registration of rights eliminated , then registration process resumes.

Under " elimination of reasons"Is understood, as a rule, to provide the registrar with additional information , which will dispel his doubts and soothe shattered nerves. Participants in the sale and purchase of an apartment, for example, can bring him separate documents, certificates, extracts, agreements - everything he asks for to confirm the newly emerging property rights.

In addition, at the joint application of the participants in the sale and purchase of an apartment, the registration of property rights on the basis of an agreement may be terminated altogether. For this, everyone writes together application for termination of state registration of rights on the basis of an agreement, and on the return of documents without state registration of rights ( for example, due to force majeure circumstances). This possibility is regulated by article 31 the same law.

When else may the registration of property rights fail?

There are a couple more options when documents submitted for registration of an apartment purchase and sale transaction may not be registered. The same law ( FZ-218) calls these cases like this:

Return of the application and documents without consideration (), and

In the first case, the reasons return of documents without consideration (after taking them from the applicant) can serve, for example, such incidents:

inconsistency of the format of electronic documents submitted for registration, the established format ( if documents are submitted through the Rosreestr website);
the presence of erasures, postscripts, etc. on paper documents submitted for registration ( if documents are submitted in person through the MFC, for example);
if the registrar, within 5 days after the acceptance of the documents for registration, did not receive information through its internal channels about the payment of the state duty for registration, and the receipt of the state duty was also not submitted by the applicant ( therefore, it is better to always provide it, although the law allows the applicant not to do this);
if the application for registration is submitted by a trustee of the owner of the apartment, while the owner himself has forbidden ( through Rosreestr) to make transactions with the apartment without their personal participation;
if the applicant forgot to sign an application for state registration of rights to real estate ( worried, for example).

In the second case, the reason refusal to accept documents for state registration of rights- and completely funny. This provides for the only case when the applicant, when submitting documents for registration, refuses to present his passport.

It is difficult to imagine what should be going on in the head of such an applicant; nevertheless, our legislators have wisely foreseen just such a case.

What can the suspension of registration threaten the participants in the sale and purchase of an apartment?

If in the process of registering a transaction, the registrar decides to suspend it, then for the participants such a surprise can lead to problems with monetary settlements ... If ( as it often happens in practice - see the link), then the Seller's access to the money for the apartment is tied to a certain date. And this period is set, focusing on registration period documents.

If the registration of an apartment sale and purchase transaction is unexpectedly suspended and then resumed, then the Seller may miss his term of access to the cell with money ... It turns out that the money is returned to the Buyer's disposal again, and the apartment, after a protracted registration, also becomes the Buyer's property. The Seller's risk is evident here. What should he do in this case?

This is described at the corresponding step of our INSTRUCTIONS: Apartment seller >>.

"SECRETS OF THE REALTOR":

Rules and sequence for preparing an apartment purchase and sale transaction - on an interactive map Opens in a pop-up window. "> STEP-BY-STEP INSTRUCTIONS (will open in a pop-up window).

Suspension of registration of property rights, the terms of which are determined special bodies, is considered a complex procedure. For registration, you need to collect a package of documents related to the acquisition, transaction, registration of the property. This can take far more than one day, since one or another certificate may be required during the preparation process.

The time required not only for the collection, but also for communication with employees of certain authorities. It is not uncommon for a situation where, even with all required documents registration may be suspended by the Office Federal Service... In addition to suspension, you can get a complete refusal. The suspension period is set by the Federal Service.

Reasons for suspension of registration

State registration of termination of the right is possible for a number of reasons:

If the rightholder has submitted an application for suspension of registration with an indication of why exactly this must be done. The period of time must be indicated.
If one of the parties has submitted an application for the return or revocation of a specific document, then registration can also be refused. Maximum term is equal to 1 month.
If there is a court order that such a process should be stopped or completely canceled. Such an action is performed within the framework of the case under investigation, the application must indicate what exactly became the basis for the suspension. The maximum period can only be approved by the court.
If the state registrar has certain doubts about the correctness and completeness of the entire package provided. For example, doubts about the legality of the transfer rights to property, about the authenticity of the documentary base.
If the object is seized or prohibited from any actions related to obtaining a certificate of ownership. Everything here depends on the reasons for the ban, the specifics of the ongoing trial or case that is being conducted at a particular moment. The period for which the process is suspended depends on when exactly the arrest will be lifted, the ban imposed on the alienation of property.

State registrar in mandatory all measures must be taken to ensure that the registration process takes place in accordance with the legislation. It is required to provide as complete a package of documentation as possible; additional information may be required from the applicant, for the collection of which it is allocated additional time... When you receive a notification that a ban is imposed or a certain period of time is allocated to eliminate the obstacle to registration, you need to find out exactly what was the reason for the refusal, what actions and efforts must be made to collect the documentation package or eliminate other problems. In the case of arrest or prohibition of alienation, you must wait until trial will not be finished.

Suspension times

When a ruling is received on the case of suspension of registration of property rights, the timing plays an important role. They are indicated without fail, the letter contains the date not only of the stop, but also the date until which such a decision was made. Art. 19 Federal Law of the Russian Federation of 1997 states that registration has the right to be suspended government bodies for a period of up to 1 month, i.e. for 30 days, but not more. Often this period is quite enough to find out the reason for the refusal, to solve the existing problem. If the specified period is not enough, then you must submit an application stating that the registration process must be extended for a longer time. For this, a period from 1 month to 3 months can be applied, depending on the reason for the suspension. Federal Law 19 clause 4 also indicates that after the end of the maximum possible period of 3 months, a new period is automatically counted on the submitted application, unless another decision was made by the federal authorities.

For example, on March 10, documents were submitted to register a lease, but a month later, i.e. On April 11, a letter came in to suspend the registration of property rights. The letter states that the stop period will be extended until May 10.

If it is not possible to solve the problem during this period, then on May 9 it is necessary to contact the appropriate authority to write an application for an extension of the period up to 3 months, be sure to indicate the reasons for this request

When all the necessary amount of documentation has been collected, you should attach the package to the case. The date set by the new statement expires on August 9. The total period, subject to legal requirements, is already 5 months. If all the conditions for registration are met, then the documentation can be obtained on September 9.

Suspension of registration of the right can have another outcome of events. For example, the missing documents were collected 2 weeks in advance, that is, long before the appointed date. In this case, a new application must be submitted, in which the request for renewal of the registration process must be indicated. From the moment of submission of this letter, the minimum period is 1 month.

Registration of termination of ownership or its acquisition can be suspended for various reasons. In any case, a notification must come, in which such reasons are indicated. A specified period of time is given, in which it is proposed to fix the problem. If this problem is solved, then the relevant authorities issue a certificate, but if not, then the period can be extended. For this, a special application is submitted to increase the period of time to a maximum of 3 months.

As soon as the applicant removes the reasons for which the registration was “frozen” (reports the missing documents, corrects errors in the application, etc.), the registration of the ownership will be resumed. It should be borne in mind that the period before the suspension will be included in the period of the process from the moment of renewal. The renewal date is calculated from the moment of submission of the missing document. It is indicated in the receipt of admission. If the suspension was made on the initiative of one of the applicants, then its renewal will directly depend on the initiating applicant. He must submit an application to the MFC or Rosreestr with a request to resume the procedure. From this moment, the registration process is resumed. If the suspension of registration of property rights was made on the initiative of the state registrar, then after eliminating the reasons, you do not need to submit an application.

Suspension of registration of property rights

You can suspend the state registration of rights and at the request of the copyright holder on the basis of his application. This is necessary when, when suspended for one month, for one reason or another, an additional document must be submitted, but it is not possible to submit it within one month.

Registration of rights can be suspended if an application is submitted indicating the reason for the suspension and the period of suspension.
On this basis, the period of suspension may be up to three months.
When one of the parties to the agreement submits an application for the return of documents without registering rights in the event that the other party to the agreement did not apply with the specified application. The suspension period is one month.
The suspension of state registration of rights only at the request of one of the parties to the agreement is not made if the transaction is made using credit funds (with a mortgage).

Reasons for the suspension of property registration and how to overcome them

This is largely due to the fact that when submitting documents, employees of the same Rosreestr or MFC carefully look through all the papers and, if there are any inconsistencies with the norms, they ask the applicant to eliminate them in the pre-registration procedure, so to speak. However, it is important to understand that if there are good reasons, "freezing" of the registration process is possible at any stage.

The main thing in this procedure is full compliance with the norms of the current legislation. See also: What is a security deposit? We study Civil Code Suspension on the initiative of the rightholder The rightholder's initiative to suspend the registration of the property right.

Suspension of state registration. legal basis

Their list can and should be clarified in advance with the state registrar. The applicant can refuse to accept documents only on one condition - if he does not have an identity document.

Attention

The process itself is relatively short-lived - depending on where the documents were submitted, it ranges from 7 (through Rosreestr) to 9 (through the MFC) working days. Suspension of registration The registration process does not always go smoothly.

In some cases, it may be suspended. The most common cause of "freezing" is the absence of one or more documents. The maximum period for suspending the securing of property rights, in accordance with Federal Law 218 "On State Registration of Real Estate", is six months.

There are also cases when registration is interrupted for very serious reasons.

Suspension and refusal to register ownership of an apartment

Then it is enough for the applicant to correct the application. After submitting the correct document, registration will resume. Housing seizure can also be a pretty serious reason to suspend registration.

To check if this is so, the owner should request an extract from the USRN. If there really is an arrest, it is necessary to eliminate its causes - to pay off debts or pay taxes. Then the court will lift the arrest, and it will be possible to resume the procedure for registering property. Suspension of registration of rights at the initiative of the applicant Not always the registration of property rights is brought to its logical conclusion.
Even if all the documents are in order, the law does not exclude the suspension or even termination of the process on the initiative of one of the applicants.

Suspension of registration of an apartment purchase and sale transaction.

The renewal of the process will start automatically from the moment of submitting the missing document / correcting the existing ones. Elimination of the reasons for the suspension After the applicant has been given notice of the suspension of the registration of ownership, the reasons must be eliminated in order to resume the process.

Important

Therefore, the further actions of the applicants will depend precisely on these reasons. If the basis was an incomplete package of documents, then the missing documents should be provided to the registrar.

It is important not to delay, since the period for which a suspension is possible is 30 days. If after this period the applicant does not bring the missing document, the state registrar will be forced to refuse registration. It happens that the suspension is due to errors in the documentation. For example, when the application contains the wrong names of the participants in the transaction or the addresses are written in error.
MFC, for example);

if the registrar, within 5 days after accepting the documents for registration, did not receive information through its internal channels about the payment of the state duty for registration, and the receipt of the state duty was also not presented by the applicant (therefore, it is better to always provide it, although the law allows the applicant not to do this);
if the application for registration is submitted by a trustee of the owner of the apartment, while the owner himself has forbidden (through Rosreestr) to make transactions with the apartment without his personal participation;
if the applicant forgot to sign an application for state registration of rights to real estate (worried, for example).

In the second case, the reason for the refusal to accept documents for state registration of rights is completely ridiculous.
Business lawyer Suspension of registration of property rights: reasons and procedure for actions upon occurrence Suspension of registration of property rights is a rather complicated procedure, the feasibility and timing of which are determined depending on the basis for "freezing" the transaction with property at this stage. Most often, the reason for the suspension in the registration process is an incomplete package of documents, which is often represented by a large list and it is extremely difficult to collect it. Despite this, legislation and legal practice provide for other grounds for carrying out such a procedure. It is about the reasons for the suspension and the essence of this event that will be discussed in today's article.

Renewal of registration of property rights after suspension

If the settlements for the sale and purchase of an apartment occur through safe deposit box(as often happens in practice - see the link), then the Seller's access to the money for the apartment is tied to a certain period. And this period is set, focusing on the period of registration of documents.

If the registration of an apartment sale and purchase transaction is unexpectedly suspended and then resumed, then the Seller may miss his term of access to the cell with money. It turns out that the money is returned to the Buyer's disposal again, and the apartment, after a protracted registration, also becomes the Buyer's property. The Seller's risk is evident here. What should he do in this case? This is described at the corresponding step of our INSTRUCTIONS: Apartment seller We register the sale of an apartment.

the submitted application must necessarily indicate the reason for the suspension of registration (in most cases, they refer to incorrectly executed documentation);
the period of "freezing" in such a situation can be equal to either 1 month (if initiated by one applicant through the registration process), or up to 3 months (if both applicants, that is, both the current rightholder and the currently registered one, initiate this procedure);
the only exception to the unilateral suspension in such cases is mortgage lending, in such a situation, "freezing" is possible only if both parties have initiative in the registration process.

For the rest, the grounds for suspending the registration of property rights at the request of the applicants and the current rightholder is no different from the rest.

Photo № 6 Now that the general essence of the suspension of registration of property rights is clear to every reader, it is possible to disassemble the procedure for receiving the corresponding notification. In a stereotyped form, the event algorithm is as follows:

First, find out the exact reason for the suspension of the procedure.
It is extremely simple to carry out such an action - it is enough to resort to one of the following measures:

carefully study the received notification of the suspension of registration, it must necessarily indicate the reason;
upon telephone notification, ask the employee of Rosreestr or the MFC for this reason or call him personally at the phone number specified in the notification;
personally visit the registration authority and get the necessary data.

After the cause of the "freezing" of the procedure is reliably known, it is necessary to begin to eliminate the existing shortcomings.

Article 19. Grounds for suspension of state registration of rights

1. The state registration of rights is suspended by the state registrar if he has doubts about the existence of grounds for state registration of rights, about the authenticity of the documents submitted or the reliability of the information specified in them, as well as in the case of failure to submit documents (information contained in them) requested by the body carrying out state registration of rights, at interdepartmental requests. The state registrar is obliged to take the necessary measures to obtain additional documents and (or) information and (or) confirmation of the authenticity of documents, the reliability of the information specified in them. On the day of the decision to suspend the state registration of rights, the state registrar is obliged to prepare a written notice on the suspension of state registration of rights and on the grounds for making such a decision and issue or send it to the applicant (applicants) in the manner prescribed by paragraph 5 of this article... The applicant (s) has the right to provide additional evidence that they have grounds for state registration of rights, as well as the authenticity of the documents and the reliability of the information they contain. If the state registration of rights is suspended due to the failure to submit the documents (information contained in them) required for state registration of rights, requested by the body carrying out state registration of rights, upon interdepartmental requests, the applicant (applicants) shall be notified (notified) of him (of their ) the right to submit such documents on their own initiative.

State registration of rights to a land plot is also suspended if the state cadastre of real estate in relation to such land plot there is no information about the coordinates of the characteristic points of the boundaries of such a land plot or one of the boundaries of such a land plot crosses one of the boundaries of another land plot in accordance with those entered in state cadastre real estate information about the latter, except for the following cases:

if the right to such a land plot was previously registered in accordance with the procedure established by this Federal Law;
if such a land plot is provided for running a personal subsidiary, summer cottage, truck farming, gardening, individual garage or individual housing construction;
if an application has been submitted for state registration of the emergence, transfer or termination of ownership of a land share;
if the rights arise in connection with the re-registration of the right to permanent (unlimited) use of land plots;
if the land plot is in the state or municipal property, formed by the redistribution of such a land plot and a land plot owned by a citizen;
other cases established by federal law.

State registration of a transaction with an immovable property and (or) transfer, restriction (encumbrance) of the right on its basis to an immovable property is suspended if there are previously submitted documents for state registration of a transaction with this immovable property and (or) transfer, restriction (encumbrance) rights to this object immovable property for which a decision on state registration or on refusal of state registration has not been made. State registration in this case is suspended until the completion of state registration of the transaction with this immovable property and (or) transition, restriction (encumbrance) of the right to this immovable property according to previously adopted documents.

At the same time, a notice on the suspension of state registration of rights to such a land plot must also contain recommendations for eliminating the reasons for this suspension and must be attached to this notice. cadastral extract about such a land plot, containing the available publicly available cadastral information about it.

State registration of rights based on judicial act may be suspended by the state registrar if he has doubts about the authenticity of the documents submitted, as well as if there are grounds specified in paragraph 4 of this article.

2. In the cases specified in paragraph 1 of this article, the state registration of rights may be suspended for no more than one month.

If within the specified period the reasons that prevent the state registration of rights are not eliminated, the state registrar is obliged to refuse the applicant in state registration of rights and make an appropriate entry about this in the book of documents, except for the cases specified in paragraphs 2.1 and 3 of this article.

2.1. In case of failure to submit the documents (information contained in them) required for state registration of rights, requested by the body carrying out state registration of rights, upon interdepartmental requests, the state registration of rights is suspended for a period until the reasons that prevent it are eliminated, but not more than one month.

3. State registration of rights may be suspended for no more than three months on the basis of a written application received by the body carrying out state registration of rights from the copyright holder, party or parties to the transaction, or a person authorized by him or them, provided he has a duly executed power of attorney ... The application shall indicate the reasons that served as the basis for the suspension of state registration of rights, and the period required for such suspension. The receipt of an application for the suspension of state registration of rights by the body carrying out state registration of rights interrupts the course of the period established by paragraph 3 of Article 13 of this Federal law... The period that has expired before the receipt of the specified application is not counted in new term.

The state registration of rights may be suspended by the state registrar for a period of not more than a month on the basis of a written application received by the body carrying out state registration of rights by one of the parties to the agreement on the return of documents without state registration of rights in the event that the other party to the agreement did not apply with the specified statement. If during this period the reasons that prevent the state registration of rights are not eliminated, the state registrar is obliged to refuse the parties to the contract in state registration of rights and make an appropriate entry about this in the book of documents.

These applications can be submitted to the body that carries out state registration of rights, by mail with a declared value during its transfer, with a list of attachments and a receipt acknowledgment. In this case, the authenticity of the applicant's signature on these applications must be certified in notarial order and, if the applicant is a person authorized by the rightholder, a party or parties to the transaction, a duly executed power of attorney must be attached to the said application.

On the day of the decision to suspend the state registration of rights, the state registrar is obliged to prepare in writing a notice on the suspension of state registration of rights and on the grounds for making such a decision and issue or send it to the applicant (applicants) in the manner prescribed by paragraph 5 of this article.

The rules of this paragraph do not apply to state registration of rights related to the alienation or encumbrance of residential premises, if it is acquired using credit funds from a bank or other credit institution or funds of a target loan provided to others legal entity... Suspension of state registration of rights or refusal of such registration in this case is allowed only on the basis of a joint application of the parties to the transaction with the attachment of a document expressing the consent of the creditor (lender).

4. In accordance with the procedure established by law, the state registration of rights may be suspended on the basis of a ruling or a court decision. Suspension of state registration of rights is accompanied by the introduction of an appropriate mark in the Unified State Register right.

In the cases provided for by the Federal Law "On Insolvency (Bankruptcy)", the appointment of a temporary administration is also the basis for the suspension of state registration financial institution, which is the copyright holder or a party to the transaction.

If, within the period established for consideration of an application for state registration of a transaction and (or) transfer of rights, but before making an entry in the Unified State Register of Rights or making a decision to refuse state registration of rights, a decision is made to the body carrying out state registration of rights (determination , resolution) on the imposition of a seizure on an immovable property or a prohibition to perform certain actions with an immovable property or on the election of a pledge as a preventive measure, state registration of rights is suspended until the arrest or prohibition is lifted, the pledge is returned to the pledger or until the issue of turning the pledge into income is resolved states in the manner prescribed by law.

On the day of suspension of state registration of rights, the state registrar is obliged to prepare a written notice of the adoption of such a decision and on the grounds for the suspension of state registration of rights and issue or send it to the applicant (applicants) in the manner prescribed by paragraph 5 of this article.

5. A notice of suspension of state registration of rights no later than the working day following the day of suspension of state registration of rights must be sent to the applicant (s) at the address specified in the application for state registration of rights or in the request of the bailiff-executor. A notice of suspension of state registration of rights may be issued to the applicant (s) in person.

The procedure and methods for sending a notification of the suspension of state registration of rights in the form electronic document are established by the regulatory body in the field of state registration of rights.

The procedure and grounds for the suspension of state registration are governed by Art. 19 of the Federal Law of 21.07.1997 N 122-FZ "On state registration of rights to real estate and transactions with it" (hereinafter referred to as the Law on Registration).

According to clause 1 of the said article "The state registration of rights is suspended by the state registrar if he has doubts about the existence of grounds for state registration of rights, the authenticity of the documents submitted or the reliability of the information specified in them, as well as in case of failure to submit documents (information contained in them) , requested by the body carrying out state registration of rights, upon interdepartmental requests. "

As a rule, registration is suspended by the registrar if he has doubts about the existence of grounds for state registration of rights. The registrar rarely uses its right to suspend registration if there are doubts about the authenticity of the documents submitted for registration. The provisions of the law on the suspension of registration in case of non-receipt of information on interdepartmental requests were introduced by the legislator in December 2011.

Also relatively new is the basis for the suspension of state registration of rights to a land plot, if in the state real estate cadastre in relation to such a land plot there is no cadastral information about the coordinates of characteristic points of the boundaries of such a land plot or one of the boundaries of such a land plot crosses one of the boundaries of another land plot in accordance with with information about the latter entered into the state cadastre of real estate, with certain exceptions.

It should be noted that from 07.03.2012, a new paragraph appears in Article 19 of the Registration Law (introduced by the Federal Law of 06.12.2011 N 405-FZ On Amendments to Certain legislative acts Russian Federation in terms of improving the procedure for foreclosure on pledged property):; State registration of a transaction with an immovable property and (or) transfer, restrictions (encumbrances) of the right on its basis to an immovable property is suspended if there are previously submitted documents for state registration of a transaction with this object immovable property and (or) transfer, limitation (encumbrance) of the right to this immovable property, for which a decision on state registration or on refusal of state registration has not been made.

State registration in this case is suspended until the completion of state registration of the transaction with this immovable property and (or) transition, restriction (encumbrance) of the right to this immovable property according to previously adopted documents.

State registration can be suspended at the request of the copyright holder or any of the parties to the transaction. The legislator specifies a period of “no more than three months” (paragraph 1, clause 3 of article 19 of the Registration Law), however, regardless of the period specified in the application for suspension of registration, in practice, registrars in suspensions indicate a period of three months.

In the event that the applicant eliminates the registrar's remarks and provides the documents necessary for state registration (by submitting an application for the provision of additional documents), an application for renewal of state registration is simultaneously submitted.

Note: at the end of the three-month suspension of registration, at the initiative of the applicant, the registrar renews registration actions and decides whether to perform registration actions or refuse registration, the registrar has one month to make a decision. In practice, the decision is usually made at the end of the month, but there are exceptions.

Total: the maximum period from filing an application for registration until the registrar makes a decision (subject to the submission of an application for suspension at the end of the registrar's suspension period) can be almost six months and will consist of: 1 month registration period + 1 month registration suspension period on the initiative of the registrar + 3 months of suspension at the initiative of the applicant +1 month for the registrar to make a decision.

The period that has expired before the submission of the application for the suspension of state registration is not counted in the new period (clause 3 of article 19 of the Registration Law). Thus, if the state registration was suspended for three months, for example, fifteen days after its start, then three months after the renewal of registration, the monthly registration period begins to run again, i.e. fifteen days elapsed before the filing of the application for suspension on the initiative of the applicant will not be counted in the new period.

Registration may be suspended on the basis of a ruling or a court decision, in connection with the receipt by the registering authority of decisions (rulings, decisions) on the seizure of an immovable property or a prohibition to perform certain registration actions with it.

Note: The registering authority may immediately refuse registration (bypassing the stage of suspension of state registration) if there are grounds for refusing registration, an exhaustive list of which is contained in paragraph 1 of Art. 20 of the Registration Law.
In practice, this rarely happens. Usually, the registrar does not exercise his right, preferring to first suspend the registration (of course, in cases where the registrar may believe that the applicant has the ability to eliminate the comments).

Note: Read about the repayment of the record in Rosreestr, in connection with the registration of the termination of the DDU in unilaterally on the initiative of the shareholder, see the article termination of the DDU.

Review of the grounds for the suspension of state registration on examples

Let's consider some of the reasons for the suspension of state registration of a mortgage agreement and possible options for their elimination.

1. For the state registration of the mortgage agreement, the following were not provided: the original and a copy of the loan or other agreement, the fulfillment of obligations under which is secured by the mortgage.

For state registration, it is necessary to provide the original and a copy of the loan agreement, which is provided for in clause 12 of the Instruction on the procedure for state registration of mortgage of immovable property, approved by Order of the Ministry of Justice of the Russian Federation dated June 15, 2006 No. 213. In order to avoid suspension of state registration on the above basis, you can choose one of the following options:

If you need to fully insure against the suspension of state registration on the basis of not providing the original agreement (credit, loan, etc.), the obligations of which are secured by a mortgage, you must provide the original of the loan agreement and its copy for registration (a copy can be made as usual, which is certified by signatures upon acceptance employee of the registration authority and the applicant himself), while the original of the loan agreement at the time of registration will be kept in the registering authority and will be returned to the applicant after it has been completed.

However, the option proposed by the legislator becomes impracticable if the obligations under the loan agreement are secured by several mortgage agreements, and the real estate is located in different registration districts.

Note: it is impossible to pledge real estate objects located in different registration districts under one mortgage agreement: for example, one object in Moscow, another in Korolev, and the third in Kaluga.

reference Information

Note: According to the first paragraph of clause 1 of Art. 19 of the Federal Law of 21.07.1997 N 122-FZ "State registration of rights may be suspended for no more than three months on the basis of a written application received by the body carrying out state registration of rights from the copyright holder, party or parties to the transaction or authorized by him or them to that person if he has a duly executed power of attorney.

The application shall indicate the reasons that served as the basis for the suspension of state registration of rights, and the period required for such suspension. The receipt by the body carrying out state registration of rights of an application for the suspension of state registration of rights interrupts the course of the period established by paragraph 3 of Article 13 of this Federal Law. The term that has expired before the receipt of the said application shall not be counted in the new term. ”.