The Unified State Register of Real Estate reflects any changes related to residential property. This right is also spelled out in the urban planning code (Article 131). How to check if there is a burden on the apartment? What complicates the presence of encumbrances on the dwelling, what are its types, and is it possible to dispose of an apartment with such restrictions?
What is a burden on an apartment?
In some cases, which were provided for by law, a limitation is imposed on the disposal of real estate. Its registration happens in the following situations:
- if the purchase of housing was realized at the expense of credit funds;
- if there has been a loan at the security of the home;
- when paying the price by installments or with the condition of putting off the deposit of funds to the merchant's account;
- upon receipt of an arrest at the direction of the court or bailiffs;
- if the sale was agreed with the alienation.
Types of housing encumbrances
The following types of encumbrances can be distinguished:
- Mortgage - occurs by agreement with the banking structure.
- Collateral - carried out in cooperation with a credit company.
- Rent - is made in the preparation of the relevant contract.
- Arrest - occurs when a measure is imposed by the National Service of Employees of the FSSP of the Russian Federation when a court order is issued with a view to being sold at a tender for canceling a debt when forming a writ of execution.
- Trust management - when concluding a civil law transaction, the rights to the apartment are transferred partly to the new owner, transfer of ownership is likely in the event of the death of the contractor or under other criteria coordinated by the parties.
Let us consider in more detail several types.
Mortgage
It involves receiving money on account of the temporary (until the debt is returned) transfer of part of the rights to real estate of a financial organization. Since the owner received the funds, he must provide the organization with a solid guarantee of their reverse transfer.
Rent
Providing the owner of the real estate with everything necessary for life during the agreed period or for life allows you to get his apartment in the property. For this reason, the sale of such an apartment, which should later be transferred to the new owner, is excluded.
If the current owner has decided to transfer the property, or no longer resorts to the support of the second party, it is required to cancel the contract. In addition, in this case, the return of funds that were spent on caring for the owner of the apartment will be required.
Trust management
The trust management method involves the supervision of the property of a third party. The contract is drawn up for a specified period, the rights are partially transferred to the temporary owner. For example, when traveling abroad, owners want their real estate to be monitored and paid on time for incoming payments. This order may be terminated prematurely only upon the death of the contractor or by mutual agreement of the parties.
What problems can an apartment with an encumbrance bear for the owner and buyer?
The owner of the apartment, which due to specific circumstances has not lifted the restrictions and completed the transfer of rights, will be obliged to deal with the difficulties that have arisen. Homeowners who want to know how to sell an encumbered apartment should seek professional legal assistance.It is best to get the approval of a legal adviser who is able to clarify all aspects of the situation and find a better solution.
If the sale of the apartment has already taken place, and the restrictions have not been lifted, then it will be necessary to spend a sufficient amount of time on solving problems with the tribunal and the freshly baked owners. Payment of all funds spent on meetings and decision-making will be charged directly from the former owner of the apartment. This makes it clear that when he decides to sell the apartment, it is more profitable and safer to think about these issues in advance.
The client is also at risk when acquiring encumbered real estate. Existing restrictions do not allow him to fully dispose of property. Refunds prior to resolving issues are also not feasible, and judicial reviews can take many years.
It is important to take into account the potential for absolute disposal of the right of the owner. In some cases, it will be unrealistic to live (the presence of tenants or unlimited residents), and the cancellation of the contract, the return of the spent money and the return transfer of the apartment will be a rather long process. Therefore, it is necessary to prevent such phenomena before acquiring real estate. The client will reduce the risk in a problematic transaction when studying the home book, information about the apartment, its limitations. This will prevent further litigation and loss of own time and energy.
How to check the burden of an apartment on the Internet?
You can obtain information about restrictions on the sale, exchange, gift, or making a mortgage transaction as a security or in completing a mortgage transaction by ordering an extract from the facility. This action is performed using one of the methods:
- by sending a request to the Internet representation of Rosreestr;
- through a commercial portal;
- in divisions of Rosreestr or MFC, which act as an intermediary between the recipient of the service and the municipal institution.
It is worth noting that most people are afraid to pay or register services through state portals. For the services you need to pay a fee, on the resources presented, the tariffs are provided for by the working legislation. Payment via the Internet is made from Internet accounts opened in banking institutions, from debit cards or in cash at the cash desk of your banking partner.
Recommendations and instructions for obtaining statements online
How to check for encumbrance on an apartment? Consider the option of checking the encumbrance on the apartment, obtaining this certificate via the Internet, and more specifically, through the state resource of the Rosreestr.
- First you need to find this state web portal in a search engine.
- On the official website of Rosreestr, go to the tab "Receipt of statements". Here you must very carefully fill in the fields presented, you should pay special attention to the address of the location of the object. It is very important that the indicated address coincides with the actual address available in the database of the state portal.
- In this tab, you can also check the encumbrance of the apartment by cadastral number.
- After successfully filling out the information in the window provided and thoroughly checking, you can click on the “Form a request” item.
- Then a new window will appear in which you should once again review the entered data for validity. If everything is filled out correctly, click on.
- The next window will provide information on the burden.
The information is updated in the Rosreestr database, unfortunately, irregularly, so during verification there may be a discrepancy between the information and the real data. You can get rid of problems and check the encumbrance on the apartment by ordering a certificate in hard copy from the Rosreestr division or at the multifunctional center for the provision of public services (MFC, now - “My Documents”).
Extract from Rosreestr
You can check the burden on the apartment through Rosreestr. What certificate should be requested in the Unified State Register of Real Estate? The full name of the required document is “Extract from the Unified State Register of Real Estate on the essential characteristics and registered rights to the property”. As a rule, the property is the apartment in the contract.
Where to check the burden on the apartment? You need to contact the Rosreestr. If the certificate is ordered through the Unified State Register of Real Estate, then there is no doubt about the reliability and relevance of the information provided for this period.
How to understand if there is a burden on the apartment?
How to check if there is a burden on the apartment? In the certificate received from the Unified State Register of Real Estate, it is necessary to pay attention to several points. We carefully review the second section, in particular paragraph 4, which is called "Restriction of rights and encumbrance of the property." If there is a dash in this paragraph or the inscription “Not registered” is present, then there are no encumbrances on the apartment.
If there are such restrictions on the apartment, the certificate clearly states that, for example, the type of encumbrance “Deposit, full property, mortgage” will be indicated and so on. The certificate will clearly state that the apartment is pledged by a certain Bank for the Nth term from the Nth day, as it was acquired on a mortgage.
Nuances when checking encumbrance on an apartment
How to check the apartment for encumbrance upon purchase? Actually, anyone can request an extract from the apartment, however, only the owner of the premises or the heir can apply to the Bureau of Technical Inventory on the basis of documents confirming this right.
A request can be sent only subject to advance payment of state duty. Its size varies for people and organizations, and also depends on the procedure for processing the appeal. Tariffs are constantly changing, therefore, in order to prevent difficult situations with underpayment, it is best to personally see the current size of the duty on the website of the Tax Code of the Russian Federation before a request. For the period of 2017, there are such values: the state duty for obtaining publicly available information from the list for individuals is 280 rubles. The document will be sent by e-mail with the signature of the responsible person and the seal of Rosreestr.
How to sell or purchase a property encumbered?
The implementation of the transfer of rights becomes probable only after removal from any prohibitions. How to check if there is a burden on the apartment before the sale? In the same way as in other cases. If the property is seized, the best solution would be to resolve the conflict with the municipal services.
The mortgage will demand the return of the borrowed funds to the lender, and when renting out, it is necessary to discuss the need for moving with today's residents. Almost all of the cases are resolved fairly quickly, but some require significant time costs. All aspects of the burden cannot be hidden from the buyer. Almost always, a person who wants to become the owner of a living room resort to tricks and help the owner solve the problem with the restriction.
The purchase of an encumbered apartment is made after studying all the papers under today's restriction and its special features. The conclusion of a contract for the sale and purchase is necessary at the notary public. At the conclusion of the contract, additional papers on the ability to conduct the operation are needed. The specialist will create a separate document in which all conditions and factors of transfer and disposal to the new owners will be spelled out.
A guardian permit for sale should also be implemented. Any type of limitation has its own characteristics and should be supported by a number of documentation that confirms the accuracy of the drawn up contract.
How to check if the burden of the apartment is removed?
Removal of encumbrance is based on the receipt of a supporting certificate from the organization that established the restrictions earlier. For the bank, such a certificate will be a document on closing the mortgage, for state bodies a certificate on the removal of prohibitions in connection with the payment of debts. The receipt of securities is carried out after filing and studying the appeal to solve the problem of encumbrance. For the client, the principal step for the purchase will be to check the apartment to remove the burden. So, you need to make sure the decision is correct using the evidence from the State Register. You can find out the absence of encumbrances by contacting the appropriate service and receiving a statement of immovable property.
How to remove the burden from the apartment
An extract from the Unified State Register of Real Estate and the possibility of contracts with it contains all the data on encumbrance and includes information on operations carried out before that. The document will be useful for both the seller and the buyer.
The validity period of this extract from the moment it is received is about a month. The most reliable data are considered within the first few days after receiving the certificate. The period for collecting information and organizing it is about 3-4 days.