The acquisition of housing is always a rather complicated procedure, requiring a fair amount of time and effort from its participants. What you need to know in order to safely register the acquired property, and what are the deadlines for registering ownership of an apartment - we will understand.
Registration procedure
First of all, it should be noted that according to Federal Law No. 122-ФЗ, recognition and confirmation of a right of ownership by a citizen, as well as its termination, transfer or encumbrance (restriction) is carried out by the state registration service, which reflects this information in the Unified State Register. The Unified State Register contains information on the rights to real estate, both existing and discontinued, and their characteristics. The registration authority is the UFRS.
According to existing legislation, each dwelling is subject to mandatory registration, while the form of its acquisition does not matter. Registration takes place in several stages:
- delivery of the prepared package of documents to the authorized body (department of Rosreestr);
- verification of the authenticity of documents received and analysis of the legality of the transaction;
- the identification or exclusion of circumstances that may prevent the registration of ownership;
- in the absence of such circumstances - entry in the state registry of the corresponding record;
- execution of title documents;
- issuance of a new certificate to the new owner.
Undoubtedly, all these actions take a certain amount of time, and the type of transaction will also determine how long the registration of ownership rights will be in each particular case.
Terms of registration for the purchase of real estate
Buying real estate is one of the most common ways to own it. To date, the period of state registration of ownership in this case should not be more than 10 days (workers) from the moment the documents were accepted. If documents are transmitted through the MFC, the processing time may increase by 3-5 days. The same deadlines for registration of ownership of the apartment will be during the execution of the gift contract.
Required documents
To register ownership, you need to transfer the following documents to Rosreestr:
- passports or other documents that can verify the identity of all participants in the transaction;
- sales contract and acceptance certificate in triplicate;
- statement from the seller on the transfer of ownership;
- application for registration of the contract (from the seller);
- application from the buyer for registration of the contract, as well as property rights;
- documents of title and evidence of ownership of the seller;
- cadastral passport;
- extract from the house book;
- spouse's consent (notarized) to buy or sell real estate;
- receipts confirming payment of state duty.
This list of documents is not final, and depending on the circumstances of the transaction may require additions. However, the term for registration of the transfer of ownership will largely depend on the completeness of the submitted package of documents. In the event that it turns out to be insufficient, the registration authority will simply refuse to register. In addition, considering the timing of registration of ownership of the apartment, you need to consider the place where the documents were submitted.If they were handed over at the IFC offices, then they will enter there 3-5 days to send documents to the UFRS.
Registration term for a mortgage agreement
The difference between a mortgage agreement and an ordinary transaction is the transfer of real estate to property immediately, that is, before the person who purchases it pays the full price. In this case, the required list of documents is supplemented by a pledge agreement, according to which the property becomes the property of the pledge holder (organization that issued the mortgage loan) in case of violation of the contract. Despite the increased package of documents, the terms for registering ownership of an apartment under a mortgage agreement are much shorter. Under the new rules, they should not exceed 5 business days.
Making an apartment in a new building
The registration of property for citizens who participate in shared construction will be much longer in terms of terms. If the registration of the contract itself does not take more than 10 days, then in order to register the property in ownership, most likely, you will have to spend a much longer time. In fact, you can use two design options.
The first one is to wait until the developer draws up all the necessary documentation, transfers it to Rosreestr, and after some time receives the certificates, which he will then give to the owners. The disadvantage of this scheme is that the terms of registration of ownership of an apartment in this case can stretch for months. This is due to the fact that documents for all interest holders are submitted immediately for processing and, accordingly, it takes much more time to process them. In addition, very often developers delay the deadline for submitting an application to Rosreestr. To some extent, securing in this situation will help the inclusion in the contract governing the transfer of rights to registration of property to the developer, the clause, which stipulates a penalty for violation of the deadlines for submitting an application for registration.
In order to reduce the registration time, you can register the property yourself. However, one must also be prepared that additional material and moral efforts will have to be made. Some of the documents are held by the developer, and they are not always willing to provide them to the participants in the shared agreement. You also need to pay attention to the status of documents - documents containing scuffs, corrections, notes made in pencil, or crossed out words are not accepted into the Rosreestr. It is worth considering that independent registration will become possible only after the developer draws up a certificate of ownership of at least one apartment.
Suspension of registration of ownership - deadlines
If the registrar has doubts about the authenticity of the documents submitted for registration, or the reliability of the information specified in them, the registration of rights may be suspended. The suspension period may not exceed one month. As a rule, this happens until the reasons are eliminated, that is, after the documents that arouse suspicions are confirmed or missing information is provided, registration will continue.
For a period of up to three months, the registration of rights may be suspended by a written application stating the reasons on the part of the copyright holder or other parties to the transaction.
State registration may be suspended for no more than a month, if one of the parties filed a written application for the seizure of documents. In this case, if the obstacles are not removed within the agreed period, registration will be denied.
