In order to formalize the ownership of a dwelling, certain actions should be performed, including the preparation of documents. These papers are drawn up in accordance with the established procedure and have the form approved by law. Consider further what documents the owner of the apartment exists.
General information
Ownership may arise on various grounds. It can be privatization, exchange, gift. The grounds may be documents for the inheritance of the apartment. According to the information contained in the sources, all such papers 22. The list of documents for the apartment, as well as the procedure for their execution are established in the Civil Code, Federal Law governing the registration of rights to real estate and transactions, and other regulatory acts.
State registration authority
It is the main title document. Its presence confirms that this object belongs to a specific person. Certificate of ownership can be obtained from the Federal Registration Service. To do this, provide:
- Passport.
- Statement.
- The registration certificate for the apartment.
- Extract from the house book.
- Copy of cadastral passport.
- The contract is the basis for the acquisition of real estate rights.
If the property is in shared ownership The consent of all interest holders is necessary. It must be notarized. In case of acquisition of real estate during marriage, the permission of the husband / wife should be provided. It must also be notarized. If the right of ownership belongs to a fully incompetent or partially incapacitated minor, it is necessary to obtain a resolution on the alienation of property from the guardianship and trusteeship authorities. If the property was donated, an appropriate agreement should be included in the title documents for the apartment. In his absence, you need to make an extract from the business book, contact the cadastral service and get the necessary certificates.
The BTI should also get a registration certificate for the apartment. These papers and a statement should be addressed to the registration chamber. For registration of the certificate you need to pay a fee.
Title documents for an apartment: main categories
As mentioned above, property can be transferred into possession for various reasons. Upon receipt of the state registration certificate, documents such as:
- Treaties. For life-dependent maintenance, barter, equity, free transfer to use, donations and so on.
- Inheritance certificate (by will or law).
- The court's decisionthat came into effect, and so on.
When purchasing real estate, you should check the owner’s documents. When buying an apartment, it is advisable to find out its history, if necessary, request an account code in the registration authority and notary information. During the privatization of municipal residential premises, a contract for free transfer of ownership is issued. This paper contains information on the form of ownership (shared or joint), persons who refused to privatize, but are entitled to use the apartment and live in it. The category of securities also includes a certificate of the paid unit of ZhNK, ZhSK. This kind of title documents for the apartment must be signed by the chairman cooperative (housing and funded or construction), certified by an accountant. They also have an accounting cipher.
Lifetime Maintenance Agreement
The essence of this agreement is that the owner of the property agrees to transfer the property into the ownership of another individual. At the same time, the latter under the contract should provide life-long maintenance with dependency. The essential terms of the agreement are its subject and the amount of rent. In the absence of any of them, the contract shall be declared invalid. It should also be noted that the rent must be at least 2 living wages. An annuity contract is considered as an alternative to inheritance or gift as excluding the need to pay taxes.
Construction investment
When purchasing housing in this way, different documents can be drawn up. When buying an apartment by investing, contracts are drawn up:
- Participation in shared development. This agreement obliges the company to erect the building on time, and the other party to pay the amount specified in the contract and accept the facility.
- Assignment of claims.
- About investing. According to its conditions, the depositor pays the amount and receives housing rights.
If we consider such title documents for an apartment as an investment agreement and an agreement on equity participation, then the latter is preferable. This is due to the fact that he passes state registration. And for an investment agreement, this procedure is not provided for by law.
Other papers
Housing can go to an individual upon the award of an authorized body. In this case, the title document will be a settlement or directly a court decision. The authenticity of the acts is verified using the accounting code in the registration service. In addition, it should be ascertained whether other decisions on this housing were made. You can obtain real estate rights in various ways. Accordingly, for each case there will be its own documents of title. For example, in the distribution of property between spouses it will be a prenuptial agreement, an agreement on division, property of the right to a share.
In case of acquisition of real estate at open auction, a corresponding certificate is issued. Upon the transfer of the common joint to common shared ownership, the title will be the agreement on the allocation of shares in kind, their redistribution or determination.
An acceptance certificate
This document must be among the title documents in accordance with the procedure approved on March 1, 1996. This act is signed by the parties to the transaction after conducting state registration, vacating housing, transferring keys and accounts. This document confirms that the parties have no claims and the terms of the contract are fulfilled.
Required Attributes
Upon receipt of documents for the apartment, you should check the correctness of their registration. A stamp on state registration acts as a mandatory attribute of securities. Also, the documents should have the Unified Register accounting code. It is enough to simply trace the entire history of the alienation of property.
Finally
The existing procedure for processing documents is quite simple. The situation with their restoration is somewhat more complicated. Sometimes collecting the necessary paper is very problematic. In some cases, a trial is required.