Today we will be interested in documents for registration of ownership of an apartment. This information can be useful to every modern citizen, especially those who plan to purchase a home. Paperwork accompanies the registration of rights in Rosreestr of all owners, but if you prepare for it, you can reduce the likelihood of problems in the future. How to apply for an apartment? What will be required to implement the task? How many relevant requests are processed? The answers to all this and not only will be necessarily discovered below.
Ways to get property
Documents for registration of ownership of an apartment vary depending on the circumstances. There is no single list that would help solve the problem for all homeowners. Therefore, the most common scenarios will be presented below.
We will consider the processes of re-registration of real estate received during:
- privatization;
- purchases;
- mortgage lending;
- gifts;
- inheritance.
In addition to these situations, property can be transferred to the population in the following order:
- allocation by the state;
- exchange;
- winnings.
These circumstances are very rare. You should not focus on them.
Briefly about design
Do you want to purchase real estate and register the relevant agreement by law? Documents for such an operation may require completely different. It all depends on under what circumstances and by whom exactly the property is purchased.
In general, the procedure for registering property rights to housing provides for the following manipulations by the potential owner:
- Conclude a deal to acquire property. For example, buy an apartment or receive it as a gift.
- Generate a specific help package. We will learn more about it later.
- Write a request for the appropriate procedure.
- Contact the registration authority with the prepared extracts.
- Renew documents in your name.
- Pick up title papers for citizens on the appointed day.
That's all. It would seem that there is nothing difficult in this. In fact, problems arise when collecting documents for registration of property rights. Sale of an apartment, its donation or inheritance - all this provides for a different package of certificates from the potential owner of the object. And therefore, people may encounter certain problems.
Where are registered
Many are interested in where you can draw up real estate rights. To give a single answer to a similar question will not work. In Russia, citizens are able to cope with this task in different ways.
Applications with a certificate package are accepted at:
- MFC;
- cadastral chambers;
- Rosreestrakh;
- single window services.
If desired, you can conduct operations through the "State Services" or the official website of the State Register. As a rule, these techniques are not in demand. Typically, these resources are resorted to when ordering property certificates.
Main package
Need to register ownership of the apartment? The list of documents in this or that case will change. Therefore, we further consider possible variations briefly. After that, we will focus on obtaining separate documentation.
Under any circumstances, the potential owner is required to:
- identification;
- USRN statement on property;
- application for registration of property rights;
- certificates confirming the existence of grounds to be listed as the owner of the object.
But this is only the beginning. Unfortunately, the listed references are obligatory for all potential owners. The corresponding list of extracts will be supplemented by other components, depending on the situation.
Legacy Inheritance
Now we consider each particular case separately. This is an extremely important point when collecting documents for registration of property rights to an apartment.
Let's start by inheriting the law. This is one of the most common scenarios.
To become the owner of real estate by inheritance by law, the following papers will be required:
- certificates confirming kinship with the testator;
- consent to the acceptance of property;
- extract from a notary public on confirmation of acceptance of the inheritance.
It is advisable to additionally take with you:
- death certificate of the testator (or court decision on the recognition of him as dead);
- a copy of the passport of the previous owner of the property;
- certificate of property rights from the testator (if any);
- cadastral passport (if available).
These papers come in handy both during the registration of the inheritance, and during the registration of property rights. Very often, only a death certificate of the testator, a kinship certificate and an extract from the notary of acceptance of the inheritance can be brought to the registration authority.
Important: inheritance by law takes into account family ties with the deceased property owner. This is a long process - it takes no less than six months.
Probate Inheritance
Are you planning to register ownership of the apartment? The list of documents will vary depending on the circumstances in which property rights arose. This is quite normal. And each potential owner must prepare for the appropriate procedures.
Increasingly, inheritance is transferred not by law, but by testament. In this case, citizens will have to take with them to issue papers for an apartment:
- death certificate of the testator;
- testament paper;
- an extract from the notary public about the acceptance of the inheritance.
Such a layout gives the heirs a minimum of trouble. Typically, the design of the inheritance takes a lot of time and effort, especially if someone does not agree with the will of the deceased.
Giving
What else could be useful to a potential landlord? As already mentioned, there is no definite answer. It all depends on the specific situation.
Another life situation is the re-registration of property rights in the form of a gift. This method of transferring property is increasingly common. It allows citizens to acquire personal property even when they are married.
To conduct a transaction without any difficulties, citizens need to bring:
- gift agreement;
- consent to receive the apartment as a gift;
- donor's passport (copy);
- certificate of registration of property rights in the established form (if any).
As practice shows, with the registration of property rights there are no problems when it comes to donation. This is a fairly simple decision to transfer property to another person during the life of the donor.
Privatization and Real Estate
Do you want to register the ownership of an apartment in the MFC? Documents for the implementation of the task are no different from the situation with the appeal to Rosreestr. The main thing is to consider a package of references for all possible ways of acquiring property.
Another method is privatization. The process itself involves serious paperwork. Without it, it is impossible to register property rights.
Ideally, citizens should prepare:
- social tenancy agreement;
- statements with a residence permit;
- the consent of all citizens registered on an ongoing basis for the operation;
- refusals to participate in privatization from dissenting tenants (certified by notaries);
- application for privatization;
- technical passport of housing;
- extracts from the BTI;
- privatization agreement.
Such components are useful during the process of privatization of property. The exception is the last paper. It is issued as a result of the manipulations. For registration of securities on property, it is necessary to take to Rosreestr only an agreement on privatization.
Important: if one of the residents does not agree with the operation and at the same time does not issue a refusal of privatization, it will not be possible to carry out the procedure.
Buying a "resale"
Are you planning to register ownership of the apartment? The list of documents for translating ideas into reality can be different. The certificate package directly depends on the method of acquiring the property.
Often, such an operation is carried out during the sale of the "secondary". Such transactions have many features and nuances.
In order to easily issue the rights to the apartment and register them in the prescribed manner, you will need to prepare:
- seller’s identity card;
- permission from the husband / wife for the transaction (not always);
- title deed to property indicating the rights of the “selling party”;
- statement evidencing the transfer of funds for the transaction (issued by a notary or a bank at the time of delivery of the funds);
- purchase agreement.
Such life circumstances are considered to be the least problematic. Especially if the transaction is accompanied by real estate agencies. Until all necessary certificates are collected, a purchase agreement cannot be signed. This is a violation of applicable law.
Mortgage and Rights
And how to register the ownership of an apartment in a mortgage? This is not as easy as it sounds. The thing is that citizens will not be able to fully dispose of real estate before paying off the mortgage. Despite this, property rights will still have to be confirmed. There are various life situations in which documents of title for housing will be required.
If the apartment is in a mortgage, a citizen can conduct state registration of property rights. In this case, the following papers will be required from him:
- mortgage agreement;
- certificates indicating the payment of the loan (preferably);
- extract from the house book;
- bank documentation indicating loan approval;
- pledge agreement (if any);
- receipts for the payment of a fee for the renewal of property rights;
- any statements capable of confirming the seller’s rights to a particular property.
In reality, everything is simpler than it seems. If citizens were able to obtain approval of the mortgage, the process of state registration of rights will be carried out without problems. All necessary certificates will initially be in the "debtors".
Share and new buildings
Need to register ownership of an apartment in a DDU? Under such circumstances, documents are not familiar to everyone. Shared participation in construction is a lot of trouble for citizens. And sometimes potential owners carry out the registration of their rights through the courts.
We will study the general case in which the developer behaves in good faith and does not obstruct potential owners in drawing up the corresponding rights.
In such circumstances, citizens will need these statements:
- agreement on shared participation in construction;
- acts of acceptance and transfer of housing;
- permission to put the house into operation;
- certificates of payment of state duty.
Ideally, that would be enough. If we take a responsible approach to solving the task, citizens will be able to cope with it without much hassle and in the shortest possible time.
Help for special cases
We examined the possible documents for registering ownership of the apartment. The proposed help packages are not exhaustive; they can be supplemented in one case or another.
What exactly? Most often, people may be required to:
- permission of “guardianship” to remove the child from privatization;
- birth certificates of children;
- statements of adoption;
- court decisions on the recognition of ownership of real estate for one or another person;
- documents confirming the fact of marriage or divorce;
- consent of the spouse to conduct a particular legally significant transaction with total money / property.
In reality, everything is much simpler than it seems. Conscientious homeowners do not have problems with registering rights to a particular object.
Cost
As you can already see, the registration of property rights lists of documents provides for completely different. The preparation of certificates depends on the method of acquiring the property.
It is worth noting that the operation under study is not free. For registration of property rights will have to pay a state fee. How much is she?
In 2018, 2,000 rubles will have to be paid for the state registration of ownership of an apartment in the registration authorities. So much give individuals. A fee is charged from the new owner of the property.
Terms of Service
We familiarized ourselves with the procedure for registering the transfer of ownership of an apartment. How much does this operation take in general?
After collecting all the references listed above and applying with the appropriate application to the MFC or the State Register, citizens will have to wait 5 days. Usually so many property rights are registered. In some cases, waiting up to 10 days is possible.
If we talk about registering an agreement on shared participation in construction, you will have to wait 7 business days. Exactly such waiting periods are indicated in existing laws.
After registration
What documents after registration of ownership of the apartment will be issued to citizens? The package of relevant certificates is not too large.
It includes:
- USRN statement;
- cadastral passport;
- certificate of registration of property rights.
Since 2017, Russia has introduced new rules for registering rights in Rosreestr. Now the cadastral and technical passports, as well as registration certificates are canceled. They will not be issued under any circumstances. Did you register the ownership of the apartment? The list of documents issued after this operation will be minimal.
Instead of the above documentation, owners are issued statements of USRN. The relevant securities are valid indefinitely, but the data in the Federal Register is updated every 5 years. Therefore, when making legally significant transactions with property, the statement will have to be updated.
Conclusion
We found out what are the deadlines for registering ownership of an apartment in Russia. And how to cope with the task in one case or another? This was also told. The corresponding procedures do not cause any significant problems. Especially with timely preparation.
They can refuse to issue documents for an apartment only if they have legal grounds. For example:
- illegal transaction on the transfer of housing rights;
- the lack of the previously listed documents in full;
- untimely introduction of state duty for the procedure.
In real life, failures are almost never encountered. It is enough for citizens to follow the above tips. Then paperwork will cause a minimum of trouble, and the probability of a denial of service to applicants will be zero. The applicant will be able to personally obtain documents of state registration of ownership of the apartment or send his representative to the registration authorities. The second technique is almost never found in real life.
As practice shows, the registration and re-registration of property rights is in great demand. Before concluding a real estate transaction, you will have to check the documents for the apartment with the previous owner.If they are presented in an incomplete amount or are fake, registration will not be done either. Moreover, an agreement to acquire property will not be possible to sign.
Now it’s clear how the registration of ownership of the apartment goes. We have already studied the list of documents for conducting the relevant operations. From now on, everyone is able to independently register property rights and the corresponding agreement.