State registration of real estate transactions

The law of the Russian Federation establishes requirements for real estate purchase and sale agreements. The parties need not only to sign the contract and notarize it. Registration of real estate transactions is required. Know the intricacies of this procedure should not only buyers and sellers, but also the recipients of the inheritance. Registration rules are described in the article.

The concept

State registration of real estate transactions is a mandatory procedure that is carried out by a special state body. It fixes the transfer of ownership between the parties to the transaction and assigns it to a specific person.

The registration procedure is carried out according to the following instructions:

1. The parties draw up and conclude a contract.
2. The parties form the list of documents required for registration.
3. You must pay the state registration fee.
4. Applicants need to contact the registration authority in a convenient way.
5. Rosreestr employees accept and verify documentation.

When the documents comply with legislative norms, the employees of the registering authority put a mark in the state register on the right to real estate and the transaction with it. These manipulations are considered registration of a real estate transaction. If the submitted documents do not fit the established requirements, then registration may be rejected. The procedure is carried out by Rosreestr - the Federal State Registration Service.

Norms of law

Legal documents on registration of real estate transactions are conventionally divided into 2 groups:

1. The first group concerns the form of the transaction, the obligation to register.
2. The second group explains the sequence of registration actions for both service users and Rosreestr employees.

The first group of documents consists of:

1. Civil and Forest Codes.
2. Federal Law No. 246 “On Artificial Land Plots”.
3. Federal law on shared construction.
4. Other legal acts that govern the execution of real estate contracts.

The second group includes:

1. Federal Law No. 122 “On Registration of Real Estate Rights”.
2. Recommendations on the procedure for registration of rights (Order of the Ministry of Justice of Russia No. 184).
3. Administrative norms (Order of the Ministry of Economic Development No. 789).
4. Subtleties of maintaining a register of rights to real estate (order of the Ministry of Economic Development No. 765).
5. Other by-laws that clarify the principles of state registration.

What do you need to register?

According to Art. 131 of the Civil Code of the Russian Federation, registration of real estate transactions is carried out upon registration of property and other powers to immovable objects. The procedure is required in case of restriction of rights, education, transfer and completion of powers. The following rights are subject to registration:

1. The property.
2. Economics.
3. Operational management.
4. Inherited property for life.
5. Permanent use.
6. Mortgage.
7. Restriction of the use of another's property.

When registering a right, it becomes legal. For example, when registering real estate during the sale, the buyer becomes its full owner. State registration of rights and real estate transactions is performed in the following cases:

1. Property rights. The procedure is required at the time of purchase, sale, exchange, gift, rent, lease with the right to purchase. When performing such transactions, one subtlety must be taken into account. Previously, they suggested concluding an agreement and putting down marks in it. To date, transactions are registered by entering data into the state registry, but there are no marks on the document.
2. Restriction of rights.These include contracts under which property is not transferred, but allowed to use it on specific conditions. This applies to lease, mortgage agreements, concessions of allotments of the forest fund.
3. Complementary agreements on previously executed transactions, as well as a transaction on registered agreements: assignment of claims, transfer of debt, refusal to accept a gift.
4. Hybrid agreements consisting of transaction elements for which state registration is required.

What documents are needed?

Registration of rights, real estate transactions is carried out after collecting the documentation that must be submitted to the registration authority. For the procedure you must have:

1. Passport (for citizen), registration and founding papers (for organization).
2. A power of attorney (notarized), if another person is involved in the procedure.
3. The contract is executed in 2 copies.
4. Title documents on the subject of the transaction. It is necessary to provide certificates, acts, permits confirming the powers of the parties to the transaction on real estate. Documents individualizing the subject of the transaction are also required.
5. A receipt that confirms the state duty.
6. Application for state registration. If the documentation is provided in person to a specialist of the state registry, then the application is created on the spot.

Due to the variety of transactions, a registration kit is formed individually. To get a specific list of documents, you need to contact the specialists of the registration authority.

How is the procedure performed?

After carrying out operations with property, registration of real estate purchase and sale transactions and other transactions involves contacting the registration authority. This will require standing in lines and spending a lot of time. To prevent this, you need to prepare for this procedure.

Applying to Rosreestr is allowed in the following ways:

1. You can visit the organization’s office at the location of the property. Through the site of Rosreestra you can only make an appointment.
2. Documents are submitted to the MFC, the addresses of which are on the Rosreestr website.
3. It is possible to order field service of specialists. It is necessary to send an application by phone, mail, e-mail or at a Rosreestr branch.
4. Send documents via mail.

Please note that the registration procedure can be performed in person or with the help of a proxy. Before submitting documentation, you need to pay the state registration fee and do not forget to provide it. The amount of state duty approved by the Tax Code of the Russian Federation (Art. 333.33 paragraphs 21-33).

Electronic procedure

Electronic registration of real estate purchase and sale transactions is also possible. This allows you to reduce the labor costs of Rosreestr and reduce the registration time. An application submitted with documents in electronic form is processed on the next business day. If there are no reasons for suspension of the transaction, the right shall be registered.

The USRN shall enter information on the transfer of ownership or other rights from one side of a transaction with real estate to the other side of the transaction. The electronic register of Rosreestr contains the full package of documents for the transaction, including the main document - the contract.

Registration Dates

The law establishes the deadlines for registration actions. They are required for everyone:

1. The contract of sale, donation, allocation of shares, barter is registered 7 working days.
2. With a mortgage, pledge using borrowed money and a contract of sale - 5 working days.
3. Registration of property rights and mortgages under a contract certified by a notary public - 3 business days.
4. Registration of rights and mortgages under the contract and application submitted in electronic form - 1 business day.

Total

Registration of real estate is a mandatory procedure. After it, the owner has the right to this property. He can make various transactions provided for by modern legislation.