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New building: registration of ownership of the apartment. Registration of ownership of a new building How to register ownership of an apartment in a new building

Every person dreams of owning their own home. However, real estate purchased in a new building, inherited, or registered by gift, as well as by will, always needs to be registered. In addition, when purchasing an apartment on your own or after issuing a mortgage, you must collect a package of documentation before submitting an application to the state register. How to correctly carry out the entire registration process after purchase and how to register ownership of an apartment for one or two people without unnecessary hassle? Find out in our review.

Where to apply for registration?

Any real estate is registered with the Federal Registration Authority (Rosreestr), but first you need to understand two legal concepts: right of ownership and right of ownership. The right of ownership of an apartment in accordance with Article 305 of the Civil Code of the Russian Federation means that the buyer becomes the owner by law and has the right to protect his property.

The right to property under Article 209 Part 1 of the Civil Code of the Russian Federation is the registration of one’s real estate, which not only ensures the right of ownership, but also gives the opportunity to legally dispose of, for example, one’s apartment: that is, give it as a gift, leave it as an inheritance, etc. . Where can I register ownership of an apartment? In the same branch of Rosreestr at your place of residence.

Set of documents

There is no single list of required documentation for registration of property rights, since in each situation, for example, purchase, sale, donation or inheritance, the list of required documents may change. However, a minimum set of legal papers still exists:

  1. Purchase agreement executed upon purchase. This can be either a contract for the purchase of a new building or a secondary home. If you were a shareholder and received an apartment in a cooperative, then such nuances are also prescribed in legal documents.
  2. Identity document (passport). A photocopy certified by a notary is attached to it.
  3. Application for state registration and recognition of ownership of the presented real estate. It is written on a form that can be downloaded from the Rosreestr website, or taken from a branch of the registration authority.
  4. The act of acceptance or transfer of real estate. You can get this document from the Bureau of Technical Inventory (BTI).
  5. The apartment plan and its explanation, that is, an explanation of all the abbreviations in this diagram. You also need to take it to the BTI.
  6. A receipt indicating payment of the state duty. You will receive the form of this receipt from a Rosreestr specialist.
  7. Power of attorney to bearer, certified by a notary. This document is needed if, for some reason, the registration of property rights is carried out not by the owner, but by his representative.

The entire package of documents, except for the passport, must be made in two copies, since one of them remains in the Rosreestr database, and the second will be kept by the owner.

All copies must first be certified by a notary. The provided documentation should not contain any corrections, deletions, additions or corrected information. Abbreviating first names, patronymics, last names, addresses and other names is unacceptable. Important!

The provided documents must be filed in a folder and numbered at the bottom of the pages.

Submitting an application

  • How to register ownership of an apartment after collecting documents? It is natural to write an application and find out in advance the procedure for submitting all documentation. Different cities have their own nuances: Coupons and queue.
  • If your city uses such a system, it is better to call the registration center in advance and set a date and time for your arrival. Electronic queue.

In megacities, electronic registration is available, so there is no need to call in advance.

Next, the state registry specialist will accept your application and all the necessary documentation, after which you will be assigned a special day and time when you can pick up the completed certificate of ownership or be refused to issue this document.

Payment of duty

When starting the registration process, you will need to pay a state fee. You can make the payment yourself or by contacting a law office. Also, the owner of the apartment or his representative will need to pay state fees not only to Rosreestr specialists, but for all certificates provided by the BTI and other services that help you prepare the necessary package of documents.

Naturally, when you hire lawyers to carry out this procedure, you also pay for their services. The price range for paying for the registration of ownership rights to any real estate depends on some nuances: whether all the documents are in the hands of the owner, whether there are lost papers that require restoration, and, finally, whether there was a previous refusal to assign ownership rights.

When purchasing real estate, you should not forget that ownership should be registered immediately, within a few days after receiving ownership.

Immediately after purchase

The most affordable housing is considered to be a new building. To dispose of the acquired property, you will need to attach the following papers to the already known list of documents:

  1. The act of acceptance and transfer of the apartment.
  2. An act on the commissioning of a building and its acceptance by the state commission. A photocopy of this agreement is also provided.
  3. Investment agreement.
  4. Certificate of completion of construction work.

By inheritance/will

The registration of an inheritance itself already requires effort and time, since six months must pass after the death of the testator to enter into inheritance rights. After this stage, when the inheritance has already been re-registered, you can submit an application for assignment of property rights. The following will be added to the minimum list of documentation:

  1. Certificate of ownership. This paper must be issued in the name of the deceased testator.
  2. Certificate of the amount of the inheritance and an inventory of the real estate that is included there.
  3. Explication (decoding) and apartment plan. This also includes the estimated value.
  4. An extract from Rosreestr indicating ownership.

All these documents must first be submitted to a notary, where they will be checked and a time will be set for issuing a certificate of inheritance. This paper, along with a minimum set of documentation, must be submitted to the state register for registration. After receiving a positive result, the owner will be able to dispose of the inheritance: put it up for sale, draw up a donation or rental agreement.

Mortgage apartment

An apartment purchased with the help of a loan, and specifically a mortgage, is always considered as collateral for the return of the borrowed amount. How to register ownership of an apartment if it is under a mortgage?

Registration of such a property is no different from purchasing a new building or secondary housing. To the minimum of required documentation, you will only have to add an agreement that specifies the term for taking out a mortgage loan and the conditions of encumbrance that will be imposed on the apartment. Until the loan is repaid and the property is fully repaid, you will also be the owner of the home; however, you will be able to dispose of the apartment, sell it or rent it out only with the consent of the bank that issued you the mortgage.

By deed of gift

In the situation of receiving real estate through a gift, when registering property rights, you will only need the contract itself and the required minimum of the documentation already listed.

Registration procedure

Many citizens consider all legal procedures equally complex and time-consuming. Therefore, the steps to quickly register ownership can be summarized in a small table.

Registration stages Actions Tips and tricks
Place of registration. You need to find out the address of the nearest branch of Rosreestr. The address of the registration authority can be found on the website of the Federal Registration Service and printed out.
Collection of documents. Consult with a specialist at your Rosreestr branch and clarify the full list of required papers. Describe in detail the reasons for obtaining the right to property, since, for example, when receiving an inheritance and when purchasing a new building, the composition of the documentation is different. Don’t forget to make copies of all collected documents and have them certified by a notary.
Payment of state duty. Get a payment form from a Rosreestr employee. The payment amount must be known in advance, because... it depends on the situation (buying a new building, receiving an inheritance, etc.).
Get in line. Call Rosreestr and set the time and date of your arrival. If such a service is provided, you can use the electronic queue and not register in advance.
Give the documents. On the day and time specified by you, you should hand over a package of necessary documentation to the registry employee. After issuing a receipt for documents acceptance, you will be assigned a date when the certificate will be ready.
Obtaining a certificate or refusal to issue a document. Receive your legal document granting you ownership rights. In case of an unlawful refusal, you need to file a claim in court, but before that, find out from a Rosreestr specialist what mistakes you made during preparation. It is possible that the registration process has stalled because you did not bring all the documents or did not respond to a written notification from Rosreestr, which always indicates how the registration process is progressing.

Deadlines for registration

After receiving the necessary documentation and issuing you a receipt for their acceptance, a Rosreestr employee checks all pages. If, for example, ownership is made for a new building, then all certificates regarding the structure, commissioning, etc. must be present there.

In each specific case, the time for reviewing documents varies, but such verification does not end earlier than 30 days from the date of submission of the documentation and application. In special cases, for example, moving to another country and quickly selling an apartment, the period can be reduced to 5-10 days. After the expiration of this period, a note on ownership is made in Rosreestr, and the owner is accordingly issued a certificate.

The time frame for consideration and registration may be delayed due to the following nuances:

  • Conflict situation between the customer and the investor. This case arises if the construction has already been completed, the apartments have been sold and are being used, and the customer has not submitted the registration documents to the register because the investor has not paid him the promised amount.
  • A conflict situation between the local administration and an investor who does not submit registration documents.
  • And, of course, a very sad case in which the construction of the house in which you purchased an apartment is declared illegal. You will also be denied ownership rights.

In all of the above situations, the best option would be to file a lawsuit.

Recognition of property rights

Ownership rights are recognized when the owner has a certificate stating that he is the owner of the apartment. If the certificate was lost or damaged, you will have to pay again for the issuance of a new certificate.

Is it possible not to register ownership of the apartment? Registration of property rights is the responsibility of every citizen who owns real estate. Without this right, you cannot make any transactions: rent, sell, give or bequeath your real estate. Recognition of property rights will also be needed in the event of a divorce, when the former spouses cannot divide the apartment. In this case, you can register the apartment as the property of the child.

Also, recognition of property rights is necessary if third parties, for example, tenants, encroach on the real estate, or the real estate transaction is not recognized by the court. All these issues are resolved by filing a claim with the courts along with title documents and, of course, a couple of witnesses.

Cost of the procedure

How much does it cost to register ownership of an apartment? You will be required to pay a government fee. Its size is fixed and equal to 1000 rubles. In addition, there are other state fees for services provided by BTI. The price of these duties does not exceed 200 rubles. If you turn to a lawyer who will take care of the entire bureaucratic part of the registration process, then you pay for his work separately.

Taxes

Property owners pay individual property tax once a year. The size of this payment in each region of our country is different and depends not only on the location of the property, but on the final inventory amount for this property. This cost can be found in the passport for the apartment, which is issued by the BTI.

Note! Inventory value and cadastral value are two different values. The first is calculated only for this apartment, and the second is calculated for the general construction site in which the housing is located.

Other nuances to consider when registering

If you are married and decide to register the apartment as the property of the spouses, and not just one owner, then in the event of a divorce the apartment will have to be divided and the share given to the ex-husband/wife if he/she made a significant contribution to this property, for example, was Major repairs have been made.

In this regard, three types of property are distinguished:

  1. Individual. The owner is one person, he is also the owner. All decisions are made only by him.
  2. General joint. The owners are a married couple. Everyone has their own share, but it is not allocated; both can manage this property, since they have equal rights.
  3. General share. Owners – a group of owners. Everyone has their own share regulated by law: real (literally a separate room with an entrance, sewerage, etc.) or ideal (designated on paper based on the size of the property). Such real estate can be managed only with the consent of the remaining owners.

If one of the spouses completed the sale of the apartment without the knowledge of the other, then you will have to file a claim, but the purchase and sale agreement cannot be terminated, since both spouses are owners and can dispose of the property. In this situation, only a trial will help, because this is a type of joint ownership of an apartment.

If the case of shared ownership is considered, then the owner who sold, leased, or executed a gift or will agreement, without the consent of other owners, is naturally not right according to the law, and the agreement will be terminated.

Is it possible to register property rights not independently (through relatives, lawyers, agencies, etc.)?

You can not register ownership rights yourself, if you provide your representative with a power of attorney to the bearer, certified by a notary. This representative can be anyone: relatives of the owner, legal experts, or even agents who help register property rights for citizens of your city.

If the owner of the home has not reached the age of majority, then on his behalf his legal representative will be involved in the process of assigning the right to property: mother, father, adoptive parent of the child or his guardian.

Thus, it is necessary to register ownership of real estate in any case in order to be able to dispose of your property. To obtain a certificate of ownership, it is important to collect a minimum package of documents and contact the state registration authority at your place of residence. You can register ownership of any property: purchased in a new building, on the secondary market, with a mortgage, as well as for housing received as a gift or as an inheritance.

Lawyer at the Legal Defense Board. Specializes in handling cases related to appealing illegal actions of officials, housing disputes, and collecting penalties from developers. Extensive experience in working under 214 Federal Laws.

The question of registering ownership of residential premises arises before every person who buys a new home. An apartment is real estate. The transfer of rights or newly acquired rights when making transactions such as exchange, donation, purchase and sale must be registered in the unified register of a government agency.

Many people do not know how to register ownership of an apartment. Moreover, this applies to residential premises in new buildings, because checking the legal purity of such apartments is much easier than when purchasing housing on the secondary market. Every person who needs to register an apartment in their own name, must know where the registration process begins and how ownership is acquired.

It is important to know!

It is necessary to understand that there are such concepts as ownership and ownership of an apartment that arise during the purchase and sale of real estate.

Ownership must be registered in the unified state register. If this right has not yet been registered, then the purchase and sale agreement is still considered valid.

This document indicates ownership of the apartment. Thanks to this paper, the buyer is the legal owner and has the right to protect his property, but cannot legally dispose of his property. Therefore, after purchasing an apartment, it is necessary to complete state registration of property rights.

The procedure for registering property rights

Step-by-step instructions will help you do everything right:

1. First you need find out which registration authority you need to contact. This can be done using the information found on the website of the Federal Registration Service.

2. Then it is necessary collect documents. Before doing this, you should consult with a specialist from the government agency where the papers will be provided, since in each specific case the documents and their validity periods may vary.

3. After this state duty is paid. This can be done at a branch of any financial institution. It is also better to check the amount to be paid with a specialist, since it depends on the date of the purchase and sale agreement.

4. It is necessary to separately clarify the procedure for submitting a package of documents. The registration services of many cities in Russia still have coupons and queue numbers. Already used in big cities electronic queue, so no pre-registration is needed.

5. On the appointed day and time you need come to the registration service with a package of documents and hand them over to a specialist. He will review all the papers and set a day when you can come and pick up the completed certificate of registration of ownership.

6. If you receive a notification about the suspension of the registration process at your home address, then you should carefully read this paper and collect the additional documents indicated there. Bring them to the specialist and resume the registration procedure.

7. The last step will be obtaining a certificate or refusal to issue this document. In the latter case, it is necessary to file a claim with the judicial authorities or correct the mistakes of the previous process with the help of a lawyer.

This procedure for registering real estate ownership will help to do everything clearly and correctly. For many people, this procedure is complicated, but such step-by-step instructions will lead to easy and quick registration of apartment ownership.

Documents required to complete the process

To register property rights, it is necessary to provide specialists with the following state-issued papers:

  1. Contract of sale. This should include not only a contract for the purchase of housing on the secondary market, but also paperwork with a construction company when an apartment is purchased in a cooperative, or registration with a co-investor - the purchase of real estate in a new building. Issued when purchasing an apartment.
  2. Passport and its photocopy certified by a notary.
  3. Statement on a special state registration form. The form can be obtained from a registration service specialist.
  4. Acceptance certificate real estate. Prepared in any form by an employee of the Technical Inventory Bureau.
  5. Explication and apartment plan. Must be obtained from the BTI.
  6. Receipt on payment of state duty. You can make a payment at any bank branch, and a receipt for payment must be obtained from a specialist of the Federal Registration Service.
  7. Power of attorney, certified by a notary. This document is necessary if the paperwork process is not carried out by the apartment owner himself, but by his representative.

Documents required to register ownership of an apartment, must be drawn up in two copies. After completion of the process, one copy remains with the owner of the apartment, and the second will be kept in the file of the legal authority.

All forms and texts must be completed and written clearly and legibly. Abbreviations of any names, addresses, as well as surnames, first names and patronymics are not allowed. Documents that have:

  • postscripts;
  • erasures;
  • corrections;
  • crossed out entries;
  • notes made with a pencil;
  • papers that are damaged so that they cannot be read correctly.

Documents for registration of ownership of an apartment in 2019 should be in this form and order. All papers provided to the specialist must be bound, and each page must be numbered and sealed by the organization that provided this documentation.

It is very convenient that nowadays You can send documents by mail with a list of enclosed papers. To do this, you need to send a postal item with acknowledgment of delivery and declare the value of this document. In this case, the applicant's signature is confirmed by a notary.

Deadlines for reviewing documents at the Federal Registration Service

When the registration service specialist receives the documents, he must carefully check each page. If the apartment is located in a newly built building, then he should study the papers confirming the fact that the house was built in shared construction, as well as how correctly the house was put into operation and the distribution of residential premises between the residents.

That's why The specialist is given at least 30 calendar days to study the documents. After this period, a record of ownership is made in the Unified State Register. The procedure is considered completed, and the applicant receives a certificate of registration of ownership.

The processing time for documents may be delayed for various reasons:

  • conflict between the customer of shared construction and the investor, although the construction has already been completed, the house has been put into operation, but the documentation for the registration authority has not been prepared;
  • there is no mutual agreement between the local administration and the investor, who does not submit documents to the registration authority.

If such situations arise, it is necessary to go to court, so that you can quickly register ownership of a newly acquired apartment.

How to register ownership of an apartment in a new building?

It is believed that the most affordable housing is located in a new building. Therefore, this issue of registration of property rights worries many citizens of our country.

The main thing is to prepare all the necessary documents, because their legal purity and correctness of completion determines how quickly the process can be completed with the registration authority. The following documents must be provided to the Federal Registration Service:

  1. The act of acceptance and transfer of the apartment;
  2. A photocopy of the documentation on the commissioning of the building and its acceptance by specialists of the state commission;
  3. Investment agreement and act of its implementation regarding construction work.

Such documents must be prepared correctly. There should be no blots or corrections, or damage to the paper that would affect the readability of the documentation and the interpretation of its content.

How to register ownership of an apartment purchased with a mortgage?

If an apartment is purchased using credit or a mortgage, then such real estate will be the collateral for the return of funds or collateral for lending.

The procedure for registering ownership of such an apartment will be standard, but taking into account the encumbrance imposed on the registered object. Until the loan is fully repaid, the owner of the residential premises will be able to dispose of his property in a limited manner or with the consent of the bank that provided the loan. This applies not only to the sale of residential premises, but also to its rental under a lease agreement.

Property by inheritance - necessary documents

Registration of ownership of an apartment by inheritance is a troublesome task that requires a lot of effort and time. First, you need to register the inheritance itself with a notary after 6 months after the death of the testator. When the inheritance is re-registered, you can begin to register ownership. It is necessary to collect the following documents:

  • certificate of ownership of the residential premises that the testator had;
  • certificate of inheritance;
  • explication, floor plan and estimated cost of the apartment;
  • extract from the register of rights.

The notary will check these documents provided to register the apartment as property by inheritance and set a deadline for receiving a certificate of inheritance. Upon receipt of the document, all details, characteristics and addresses must be written correctly. The paper must be supported by the notary's signature and the seal of the notary's office.

After this, the received certificate must be submitted to the state authorities for registration of rights along with the passport and receive a certificate of registration. Only after this will it be possible to dispose of the inherited property: sell, lease or make a donation.

Video: How to register ownership when receiving an apartment by inheritance

Cost of registration of real estate rights

Many people who need to register real estate rights are wondering how much this procedure costs if it is done independently or when contacting a specialized law firm whose specialists provide such services.

The applicant will need pay a state fee of 1000 rubles for the registration process with the Federal Registration Service. He also pays state fees for services provided by the BTI and other bodies and services that prepare documentation. The amount of such government duties will be within 220 rubles.

If you order registration of this process from specialists, then you will have to pay not only the state fee when receiving documents, but also pay for the services of lawyers. Each company sets its own prices for the provision of such services. The cost will depend on each specific case of the applicant, whether he has the necessary papers on hand or whether he needs to restore any documents due to their loss, damage or rendering unusable for other reasons.

Summary of the article:

1. An apartment is real estate, and when receiving it as a gift, by inheritance or as a result of sale and purchase, it is necessary to register the right to real estate.

2. To register ownership, you must contact the registration authority and provide documents.

3. After the papers have been provided and a specialist has reviewed them, you can receive a registration certificate.

4. Review of the application and other documents will take place within a month.

5. You can register ownership for an apartment in a new building, for housing purchased with a mortgage, or for an apartment received by inheritance. Each process requires the provision of its own documents and deadlines for consideration of the application.

6. The cost of the procedure is equal to the state fees paid for obtaining certain documents. If you order a service from a specialized law firm, then the cost of paying for the services will be much higher.

Many citizens of our country believe that if they bought an apartment in a new building and only have the keys to this living space, then they are the actual owners of this housing. But this is far from true. Only after receiving such a document as a certificate of ownership of an apartment can one truly consider oneself the rightful owner of this home. There is a certain procedure by which an apartment in a new building is registered as the actual property of the owner.

Conditions for registering ownership of an apartment

An apartment in a new building can be registered and subsequently receive a certificate of ownership only if the development company fulfills a number of its obligations. Thus, the new building must be put into operation (there must be appropriate documents), and the new house must also receive its own postal address.

You can check whether the developer has fulfilled all its obligations very simply - on the company’s official website. If the registration of a house, namely an apartment, as a property took a little longer (more than two years), then it is worth going to court. Sometimes developers themselves recommend their clients to register the apartment as actual ownership through the court. Since it will be easier and faster to obtain a certificate of ownership of an apartment through the court.

Another important point is the technical passport for the residential premises, which in this case is a new building. This is one of those important official documents that every owner (or co-owner) of residential property should have. Therefore, immediately after the apartment is registered as a property, it will have to be ordered from the appropriate authority.

Apartment in a new residential building - how to obtain a certificate

To independently register housing as actual property, which is located in a new building, in the current 2015, it is necessary to follow two stages - it is imperative to prepare a package of necessary official papers in a timely manner, and to register ownership of the purchased apartment with the relevant registration authority of our country.

Preparation of necessary documents

To obtain an official certificate of confirmation of ownership of a new apartment, if the new building has already been put into operation, the following mandatory documents should be prepared:

  1. The so-called transfer deed. This document can be obtained directly from the office of the developer. Or rather, you need to apply to the office to receive this official paper. And at the time appointed by the employee, together with a representative of the construction company, the apartment must be inspected and an acceptance certificate for new residential real estate must be signed. It is at this same stage that the new owner receives a copy of the keys to his (but not yet officially) brand new apartment.
  2. If the new apartment will be owned by a minor, it is necessary to obtain permission from the guardianship authorities. Parents contact this government agency and write a corresponding application. By the way, this application will also need to be accompanied by the parents’ passports, the birth certificate of a minor child who is a co-owner of the property, a transfer deed with the development company that built the new building, as well as an equity participation agreement. Guardianship authorities can prepare written consent within a period of 14 days after the parents submit the application.
  3. Cadastral passport, which must be accompanied by an apartment plan. In order to obtain this document, it is necessary that the apartment be cadastrally registered in the State Register.
  4. Loan agreement or mortgage. These documents need to be prepared only if a new apartment was purchased from a development company using credit money. If the homeowner does not have a copy of the mortgage or loan agreement on hand, then to obtain them you need to contact the office of the financial institution where the mortgage loan was issued.


Registration of actual ownership of housing

It is worth considering that a representative of the company that built the new building must be present during the process of registering the right to housing. That is why owners should contact the company’s office and agree on the day on which the registration of the right to the apartment, which becomes actual property, will be carried out.

It is necessary to write an application for registration of ownership rights to the appropriate authority. This document is filled out only by employees of this body. This application indicates such mandatory data as the actual address where the new building is located, as well as all technical data of the new housing, etc. If all the data is entered correctly, each of the homeowners signs it.

After this, a receipt for payment of the state fee is issued. In 2015 it is equal to 1000 rubles. This is a fixed amount, so if several co-owners want to register the property, it is evenly distributed among them. You can pay the receipt at any bank in the country. But for maximum convenience of citizens, the cash desk where this payment can be made is located right on the premises of the Registration Chamber.

The next stage, which consists of such a difficult process as registration of property rights, consists of checking the presence of all the necessary documents, as well as the presence of all co-owners of the property and a representative of the construction company to which the new building was put into operation. If all documents are in perfect order, a representative of the chamber will pick them up and issue a special receipt confirming receipt of the documents. This receipt indicates a specific date when the owner will be able to receive a certificate confirming ownership of the apartment. In 2015, the maximum period for issuing a certificate of this type is 30 calendar days. But, as practice shows, the preparation of this document sometimes takes more time. The period directly depends on the actual number of potential owners of the new home, as well as the availability of a mortgage loan with which the new building can be purchased.

On a certain day, when registration of ownership of the apartment is completed, each of the co-owners must personally come to the Registration Chamber and pick up the documents (a certificate is issued to each of the co-owners of the property). In this case, the chamber employee must present a receipt and a passport. After registration of ownership, the new building becomes actual ownership and the owners can finally register in their home.

  • transfer and acceptance certificate signed by the developer;
  • if the property right is registered in the name of a minor child, you must obtain permission from the guardianship authorities;
  • cadastral passport for the apartment (explication), registration and issuance of which occurs after the new building is registered with Rosreestr;
  • bank agreement, if the apartment was purchased on credit or with a mortgage;
  • passports of all future owners and birth certificates of children;
  • power of attorney, if registration is carried out by a representative of the shareholder;
  • receipt of payment of state duty;
  • share participation agreement.

Registration of new building ownership

How can participants in shared construction or buyers of housing in new buildings file a claim for recognition of property rights if they first need to collect the very missing documents that do not yet exist or the developer refuses to issue papers?

The procedure for registering the received property as a property

Many people do not know how to register ownership of an apartment. Moreover, this applies to residential premises in new buildings, because checking the legal purity of such apartments is much easier than when purchasing housing on the secondary market. Every person who needs to register an apartment in their own name, must know where the registration process begins and how ownership is acquired.

The procedure and features of registering ownership of an apartment in a new building

To register ownership of housing in new buildings, the buyer needs to wait not only for the completion of construction, but also for the completion of the procedure for the developer to complete all legal documentation. At the same time, in practice, finishing work and preparation of legal documentation are not always completed at the same time.

Conditions and procedure for registering ownership of an apartment in a new building

Many people mistakenly think that they are the owners of an apartment in a new building, having the keys in their hands and even living in it. Remember - Only after registering ownership of an apartment can one be considered its full owner. This article lists the conditions and step-by-step procedure for registering ownership of an apartment in a new building.

Registration of ownership of an apartment in a new building: terms, documents

Transactions related to various real estate operations are subject to mandatory entry into the unified state register. However, many developers believe that the purchase agreement is the title document. However, they are in no hurry to issue the appropriate certificate. Such developers, after receiving money, avoid submitting an application to Rosreestr. Therefore, the buyer does not have the opportunity to register ownership of the property according to the generally accepted procedure. If the construction company avoids submitting an application to the registration service, the ownership may be registered in court.

Registration of ownership of an apartment in a new building

All this delays the preparation of the transfer acceptance certificate, without which registration of ownership of an apartment in a new building is impossible. This kind of red tape is one of the reasons why many people prefer to make real estate transactions on the secondary market. You can read an article on this topic on our website.

Registration of ownership of a new building

  • Permission to put the house into operation,
  • Registration certificate for the house ( results of BTI measurements of actual areas),
  • Area Allocation Protocol ( which apartments go to whom in the end?),
  • Act of implementation of the investment contract ( closing obligations to local authorities),
  • Acts of acceptance and transfer of apartments in the building ( closing obligations to shareholders/co-investors).

Registration of ownership of an apartment in a new building, documents, step-by-step instructions

  • Pre-trial resolution of the dispute - at the beginning, a correctly completed claim (private or collective - by one or more shareholders) is sent to the developer. After receiving a refusal, you can go directly to the court.
  • Appeal to court - the reasons for the impossibility of registering property due to the guilt of the developer are indicated. Basically, the court takes the side of the shareholders and, as a rule, developers are not at all against resolving the problem in this way.

New building: registration of apartment ownership

The next serious drawback of the delayed registration of property rights is the increase in the period for paying income tax when selling an apartment. According to the Tax Code, the seller of an apartment is exempt from income tax after three years of ownership of the property. This period is calculated after registration of rights.

How to properly register ownership of a new building

For those who are counting money, the option of obtaining a certificate of ownership on their own is suitable. Cheap doesn't mean fast. Get ready to stand in line and collect stacks of documents and their copies. You can begin the paperwork after the developer has registered ownership of the first apartment in the house. This fact will mean that the address is open, that is, for officials the new object begins to formally exist. To obtain a package of documents, the buyer will have to contact the developer. Moreover, you need to be prepared for the fact that the company will refuse this matter or require you to pay extra for preparing the papers. In some cases, developers provide documents, but not the complete set, and the buyer has to obtain the remaining documents for a long time. After everything necessary is in hand, the person needs to submit the documents to the Federal Reserve System and wait for them to be processed.

Nuances of registering ownership of apartments from the developer in new buildings

However, even at this stage, difficulties may arise that delay the registration process. As a rule, this is due to the developer’s delay in completing and approving all documents for the house and the official commissioning of the property. This procedure is not easy and often takes a lot of time.

How to register an apartment in a new building as your own

The successful completion of each of the above stages is evidenced by relevant documents. The developer demonstrates them to the investor upon request. You can find out the address of the construction company’s office from the share agreement or other agreement concluded with the company. Do you think that the developer is delaying taking the necessary actions? Ignores investors' requests? In the current circumstances, there are two options: continue to wait or move the dispute to the court level.

Registration of ownership of an apartment in a new building

From the company's side:

  1. Initially, you need to draw up an act in which there are clear delineations of the area, as well as possible options for operation.
  2. Promptly contact the Bureau of Technical Inventory to obtain a real estate passport.
  3. The developer is obliged to certify the transfer deed in accordance with the law.
  4. Register housing in a unified register.
  5. Assign an address to the property.

Registration of an apartment in a new building as property

The issue of the amount of state duty is regulated by the Tax Code of the Russian Federation. Currently, the fee for registering property rights is is 2000 rubles for individuals, and for registration of a cadastral passport 200 rubles. It is worth monitoring these changes, as upward adjustments are made regularly.

It is important to register ownership of an apartment in a new building as soon as possible. The presence of issued keys does not constitute proof of ownership. The only confirmation of ownership is registration in Rosreestr.

Today, cadastral registration and property registration are combined into the Unified State Register of Real Estate. All information from the cadastre and register of rights is entered into it.

In addition, a certificate of ownership is no longer provided. Instead, you can receive an extract from the Unified State Register of Real Estate. It confirms that you are the official owner of the property. And on the owner’s copy a mark indicating the registration of the property is affixed.

You can submit documents at any government agency of Rosreestr or MFC. You can choose the location address that is most convenient for you.

Normative base

Registration of property rights is regulated by the Civil Code of the Russian Federation and Federal Law of the Russian Federation No. 218 of July 13, 2015 “On State Registration of Real Estate.” Despite the date of adoption, the law only came into force in 2018.

Ownership of real estate is maintained in the Unified Register. Now it can only be challenged in court. The new law introduced amendments to the registration of property in the already existing registration procedure. An innovation is the ability to submit an application for registration through any branch of Rosreestr. To do this, you do not need to contact the district department at the location of the apartment.

Conditions of registration

An apartment can be registered if a number of conditions are met. To do this, the developer performs the following actions:

  1. Draws up a protocol for the distribution of residential and commercial premises.
  2. Receives a technical passport.
  3. Signs a transfer deed with the owners.
  4. Carries out cadastral registration of the entire house.
  5. Submits documents for assignment of a postal address.

Before registering ownership of an apartment in a new building, you need to make sure that you have a sufficient package of documents. You can get them from a construction company specialist.

Required documents

The entire procedure is divided into two main stages - preparatory and direct registration with the registration authority.

First you need to collect documents, including the following:

  • Transfer deed. To obtain it, you need to submit an application to the developer. Along with it you will be given the keys to the apartment.
  • Permission from the guardianship authorities. It is provided if one of the owners is a minor.
  • Cadastral passport with apartment plan.
  • Loan agreement. It is provided in case of a mortgage. If for some reason you do not have an agreement, contact your bank branch.
  • Agreement for the purchase of an apartment with the developer, including additional agreements.
  • Passports of all adult owners. Birth certificates for children under 14 years of age. Passports are provided for children over 14 years of age. Additionally, copies of all pages are provided.
  • A proxy's passport and power of attorney if you are unable to submit documents in person.

You should collect the most complete package of documents in advance so that registration is not suspended in the future. After the documents have been collected, you must contact the registration authority. You can submit an application in person to the MFC or Rosreestr.

A representative of the developer is involved in the registration process. To do this, you need to contact the developer and agree on a date for submitting documents.

Registration of ownership of an apartment in a new building requires compliance with a specific sequence of actions. First of all, an application of the established form is filled out. It contains information about the registered object and passport data. The application shall indicate the entire list of documents provided. Then you need to check that the information is filled out correctly and sign.

During the registration process, the state fee is paid, and a copy of the receipt is attached to the package of documents. Without this, documents will not be considered. You can pay the receipt at any bank branch. The state duty can also be paid at the terminal located in Rosreestr or the MFC.

The specialist will check the submitted documents and the owners for their presence. He will check the power of attorney of the developer's representative. After this, you will receive a receipt indicating the documents submitted and the date they were received. You can pick up your documents and an extract from the Unified State Register within the specified period. You need to have a receipt and passport with you.

Registration period and cost

In accordance with current legislation, the registration period is counted from the moment the application and package of documents are submitted. According to Part 1. Art. 16 Federal Law No. 218 dated July 13, 2015, property registration is carried out within 12 working days. It all depends on the specifics of the transaction and specific circumstances. If you submit documents through government services or the MFC, the period may increase by several days. When submitting documents directly to the registration authority, the registration period will be minimal.

The cost of the state duty is 2000 rubles. Moreover, the amount does not depend on the number of owners.

Nuances

When requesting documents from a construction company, pay attention to their condition. Their appearance must meet established requirements. According to Art. 18 of Federal Law No. 122 Rosreestr cannot accept for consideration documents with corrections, blots or strikeouts. This may be misinterpreted. In addition, it is impossible to determine exactly who amended the document.

If the developer does not fulfill his obligations and refuses to issue the required documents, he will have to go to the district court. And with a court decision you can apply to register the property. Otherwise, the process of registering real estate in a new building is no different.

If the apartment was purchased using bank borrowings, additional documents will be required. For a mortgage, a loan agreement is additionally submitted to Rosreestr. In this case, the property becomes collateral to the bank until the funds borrowed for its purchase are fully returned. The apartment becomes collateral.

Documents are drawn up in a general manner. The only exception is encumbrance. It is imposed by the registration authority. Once the loan is repaid, it can be withdrawn. Until this moment, the owner will have to obtain permission from the bank to carry out any actions and transactions.

The owner will have to obtain permission from the bank not only to sell the apartment, but also in case of renting it out for long-term rent.

Features of registration under an equity participation agreement

After completion of construction work, the developer provides the opportunity to those who bought apartments during the construction process to register ownership. To do this, the following steps are taken:

  1. a protocol for the distribution of apartments and commercial space is drawn up;
  2. a technical passport is issued;
  3. signs the transfer deed;
  4. the house is registered with Rosreestr;
  5. the address of the house is assigned.

When shareholders enter into rights, there are two possible scenarios for the development of events. In the first case, the developer helps to collect the necessary documents and register the right. In the second case, the company may prevent registration. If in the first case the procedure is no different from the standard one, in the second case you will have to apply to the district court with a statement of claim.

As soon as the house is put into operation, the construction company transfers the apartments to the buyers. The process involves inspecting the apartment, checking communications and drawing up a transfer deed. If there are deficiencies, a report is drawn up and a deadline for elimination is set. If everything is in order, the owners are provided with the keys.

Since January 2013, the developer is required to register the entire house with all premises, including residential premises, on the cadastral register. For this reason, shareholders do not need to separately request a cadastral passport. If the developer delays the process of obtaining a cadastral passport, the owner will first have to order a technical plan of the residential premises from the BTI. Only after this can you contact Rosreestr to prepare documents and obtain a cadastral passport.

In accordance with paragraph 11 of Art. 48 Federal Law No. 218 of July 13, 2015, to register property under the DDU, the following is required:

  • passports of citizens who took part in shared construction;
  • equity participation agreement;
  • transfer deed for residential premises;
  • permission to put the house into operation;
  • receipt of payment of state duty;
  • birth certificates for minor owners;
  • a loan agreement in the case of obtaining a mortgage for the purchase of an apartment.

If the contract is concluded by only one spouse, written consent is required from the second. It must be certified by a notary.

The registration process itself is no different from the usual procedure. But in this case, it is not necessary to register in person. Sometimes registration is carried out by development companies.

Thus, registration of rights to an apartment in a new building depends on many factors. To do this, you need to collect documents and submit for registration to Rosreestr. After this, you will become a full-fledged owner of the residential premises.