Most potential buyers of real estate believe that the most difficult and quite dangerous stage of the acquisition is the registration of an apartment in the property. This opinion is quite fair. Unfortunately, many do not know how the recognition of ownership of an apartment occurs. We will analyze this stage in more detail in the article. 
General information
Concerns of buyers are true not only in relation to real estate in the secondary market. This opinion also applies in cases involving new buildings. Not everyone knows where and how the legal purity of an object is checked. Before you obtain ownership of the apartment, you need to know what papers are needed for this and which authorities need to be contacted.
Existing order
The apartment is a property. Any transactions with him must be recorded in the relevant authorities. In particular, this applies to the sale, gift, exchange. Registration of ownership of the apartment is carried out in the UFRS. Previously, this authority was called the GDB. Since 1998, in accordance with the Federal Law "On State Registration of Real Estate Rights", the need to fix transactions in a single register has been legislatively defined. In addition to filling out the necessary papers, the buyer needs to pay a state fee.
Important point
First of all, you need to clearly understand the difference between ownership and ownership. The latter arises in the transaction of sale. The transfer of ownership, as mentioned above, must be registered with the appropriate authority. However, the parties to a transaction do not always follow this provision. Nevertheless, the absence of paper confirming the official transfer of the property to another person cannot be an occasion to invalidate the contract of ownership.
Apartments transferred to the new owner, but not registered with the UFRS, are only an object of ownership. According to Art. 305 CC, the buyer is vested with the right to protect his property. Nevertheless, he cannot dispose of real estate at his sole discretion. This is due to the fact that until the paper is received from the UFRS for the new owner, the ownership of the apartment is retained by the seller. In order to avoid various misunderstandings, it is necessary to complete the process. 
Self-registration of an apartment as a property
First of all, it is necessary to prepare the required papers. On this occasion, you can consult directly in the UFRS. For each case, certain documents of ownership are required. Apartments can be transferred from one owner to another in accordance with the ordinary deed of transfer or on the basis of an agreement certified by a notary. In the latter case, the UFRS must provide a new cadastral passport and extract from the Unified State Register. At the same time, for the contract drawn up in the usual written form, the previous passport will be sufficient. The amount of state duty will depend on the date of the transaction of sale. It is also necessary to find out the procedure in accordance with which documents for property are submitted. Apartments in new buildings are registered only after putting the house into operation.
Main paper
To obtain a certificate of ownership of the apartment, you must provide:
- Statement.
- An agreement that was concluded between the buyer and seller (co-investor and construction company, etc.).
- Act of transfer.
- Copy of passport.
- The receipt that the state duty has been paid.
If the registration of the apartment is carried out by the representative of the seller, then there must also be a power of attorney certified by a notary. It may be necessary to add to the list of papers a floor plan (it is received at BTI) and an explication. 
Features of papers
An application for registration of an apartment as a property is made in one original copy. The procedure for writing it is established by applicable law. The application must necessarily contain the signature of the buyer. There are no special requirements for the writing form: the text can be written by hand or printed.
Documents that are submitted for registration of ownership of an apartment determine the content of transactions, which, in turn, are carried out in ordinary written form. These papers must be presented in duplicate. They act as the basis for registering the existence, termination, limitation, occurrence, transfer of ownership. One copy after the end of the procedure the new owner receives back. The second goes to legal documents. The application can be sent in the form of mail with a compiled necessarily enclosed list, notification and declared value. In this case, the signature of the buyer must be certified by a notary.
Paper content
All texts of applications and other documents that are submitted to the state registration authority must be written legibly and clearly. The names of organizations are indicated without abbreviations. Be sure to provide the location of the legal entity, the address of the citizen. All this information is provided in full. Paper is not accepted, which contains erasures or postscripts, crossed out words, other corrections and blots, as well as those filled with a pencil, which have severe damage, which do not allow unambiguous interpretation of their contents. If the documentation is drawn up on several pages, they must be numbered and stitched. And also sealed with the seal of the structure that issued the paper.
Features of the procedure
A future owner may receive a certificate of ownership of an apartment in a new building after 30 days from the date of submission of all necessary papers. During this period, the service checks the information provided. This applies not only to papers from the applicant, but also to documents for the acquired property. The fact of construction, its commissioning, the distribution of residential premises is confirmed. After making the necessary entries in the register, the registration of an apartment in the property is considered completed. 
Possible problems
Not in all cases, registration of ownership of an apartment takes place on time and without difficulty. Particularly often difficulties arise for those citizens who purchase residential real estate in a new building. Most often, the registration of an apartment as a property is delayed, if the construction is directly completed, the facility has already been commissioned, and the necessary papers confirming this have not been prepared. Typically, this situation occurs due to a conflict between the contractor or investor and the customer of the facility. It also happens that the investor and representatives of the district administration cannot agree on a “city share”.
In this case, the required package of documents from the developer cannot be sent to the registration service. This, in turn, means that citizens themselves cannot apply to the UFRS. As practice shows, many co-investors choose wait-and-see tactics. They remain inactive until all the difficulties that have arisen are resolved without their participation. The most proactive citizens who want to quickly complete the registration of an apartment as a property, begin to apply to different authorities.But in this case, the most effective and rational means of solving the problems is the filing of a lawsuit. The application must contain a requirement for recognition of the ownership of the object by the new owner. 
Additional features of citizens
In practice, there are cases when people returned their money given to the developer in order to register ownership of residential real estate. Of course, this was done through the court. Such a right is often spelled out in equity or investment agreements. In addition, it is possible to recover a penalty for failure to meet the deadlines for transferring a residential property to the property, if the agreement specifically defines the date the building was commissioned and the distribution of premises. The co-investor also has the right to file a claim for non-pecuniary damage and try to compensate for the costs of the services of a law firm (in case of contacting her for help).
Legal aspect
Having papers confirming the ownership of the object, the citizen is guaranteed to be able to protect property from unlawful encroachment of other persons, illegal actions on the part of administrative bodies. The general limits of the exercise of property rights, which apply to any property, are enshrined in article 209 of the Civil Code. It is necessary to remember about the responsibility that every landlord bears. Legal regulation of relations in the field of ownership of immovable objects is carried out through a series of regulatory acts. It should be noted that the legislation has undergone many changes in recent years. Certain additions were made that made it possible to more clearly represent the process of obtaining ownership of an apartment, house or other premises, registration procedure. For the first time in the history of Russian codification, a whole chapter has been formed in the Civil Code. It focuses directly on property rights and other legal possibilities regarding housing. 
Finally
Ownership is a fundamental condition for the political and economic independence of a citizen. It acts as the main guarantee of human freedom. The essence of property rights is disclosed in Art. 209, paragraph 2, part 1 of the Civil Code. The law establishes that the owner, at his own discretion, can take any action that will not contradict the existing regulatory framework and violate the rights and freedoms of other persons in relation to property belonging to him. Such actions include alienation, sale, exchange, gift, transfer to use or disposal, and so on. Any actions, however, must be recorded in the appropriate registry. Each citizen or organization carrying out transactions with real estate for residential purposes must comply with the procedure established by law. One of the prerequisites is the timely registration of ownership.
