Civil transactions related to the sale of real estate in the Russian Federation almost always require state registration. The competent authority - Rosreestr is responsible for its correct implementation. What are the features of the functioning of this structure? What legislative acts regulate the procedure for making relevant entries in the state cadastre?
Registration of real estate: legislative aspect
The system for registering property rights operating in the Russian Federation is regulated by both general and special legislation. Among the key sources of law is the Federal Law “On the State Cadastre”. The provisions contained in this legal act determine the procedure for registering rights to real estate, the terms and other nuances characteristic of this procedure.
The aforementioned Federal Law also establishes the necessary conceptual apparatus used in the practice of the state bodies responsible for processing transactions with property of the corresponding type. So, in particular, the law defines the terms “cadastral number”, “real estate”, “easement”, etc.
Thus, exploring the mechanisms under which registration of rights to real estate in the Russian Federation is carried out, we will, first of all, refer to the provisions of the Federal Law “On the State Cadastre”. It can also be noted that in the said Federal Law there are often references to other legislative sources, such as, for example, the Civil Code.
Thus, the regulatory framework governing the system within which registration of rights to real estate is carried out is represented by a fairly wide range of legislative sources.
Is state registration of transactions mandatory?
According to the 4th article of the Federal Law indicated by us, state registration of transactions with real estate is mandatory. This applies not only to legal relations involving the exercise of property rights, but also to such phenomena as easement, trust management or, for example, a mortgage.
Competent authorities
Article 9 of the Federal Law “On the State Cadastre” contains provisions that determine which authorities are responsible for the state registration of real estate transactions. The law, in particular, states that the corresponding system of state structures operates at two levels - federal and regional. The competence of the authorities at the highest level includes the registration of rights in the framework of certain legal relations in the field of business, as well as transactions, the objects of which become property complexes, real estate located in several registration districts. Other transactions are executed with the participation, in turn, of territorial structures.
The main authority responsible for registering real estate transactions is the Federal Service for State Registration, Cadastre and Cartography.
She also has an abbreviated name - Rosreestr. In turn, structures in the regions are called Departments. Unofficially, they may also be referred to as real estate departments. Or other terms adopted in a particular region.
For example, the city where the Rosreestra Office sometimes sounds like the Department of Real Estate - Irkutsk. The registration of rights by this institution is thus carried out in relation to transactions outside the competence of a higher Federal Service.
Rosreestr: core competencies
What are the key competencies of Rosreestr? According to the Federal Law "On the State Cadastre", these include:
- verification of the authenticity of documents on transactions, as well as the identity of subjects of legal relations regarding the eligibility of signing the relevant agreements;
- study of previously declared property rights, study of previous registrations;
- the implementation of procedures that form the state registration of rights to property of the appropriate type;
- the issuance of the necessary documents to the subjects of legal relations in real estate transactions;
- providing citizens and organizations with information regarding registered rights to own property of the corresponding type.
According to the provisions of the Federal Law "On the State Cadastre", the Rosreestr cannot engage in other types of activities if there are no other imperative laws that exist in the Federal Law under consideration.
Cadastral accounting principles
What are the main principles of Rosreestr cadastral registration of real estate? Their list is contained in the 4th article of the main Federal Law, which regulates the relevant sphere. So, for example, among the key principles is the unity of cadastral registration technology throughout Russia. The priority is also to ensure the public availability of information from the state cadastre, as well as their relevance to the information contained in other official resources.
An important principle of the cadastre is the safety of information that has been entered into the relevant database before updating information on a specific property. In addition, it is possible to add temporary information to registration sources. Cadastral registration of real estate in the Russian Federation involves sources of geodesic and cartographic origin. In the first case, it is the corresponding type of network, formed on the basis of orders of executive authorities. There are also cartographic cadastral sources - these are actually maps, as well as various types of plans, according to which the Rosreestr determines the location of real estate.
What is a cadastral number
Each property in the Russian Federation that has passed state registration has a cadastral number. What it is? This is a unique identifier that does not have duplicates, and is also not transferred from objects deregistered to other types of real estate. Cadastral number - federal identifier. In order to optimize the corresponding system of accounting for real estate, the territory of the Russian Federation is divided into cadastral plots - districts, districts and quarters. At the same time, if necessary, they can be changed through the publication of relevant legal norms.
Terms of registration of transactions
Consider the most important aspect - the timing of registration of rights to real estate. It all depends, first of all, on the subject of transactions with the corresponding type of property. Experts identify more than 30 varieties of this type of legal relationship. Let’s try to classify them on the basis of such a criterion as the number of days allotted by law to the Federal Registration Service for conducting the relevant procedures.
There is such an operation as registration of mortgage agreements, the subject of which is agricultural land. The term for registering property rights in this category is 15 working days. In turn, if it comes to formalizing transactions, the subject of which is a mortgage of land and non-residential premises, then the terms are similar. For what other types of legal relations are the deadlines for state registration of rights to real estate 15 days? These include:
- additional agreements to mortgage documents, the subject of which is land and non-residential premises, for example, assignment agreements;
- fulfillment of the requirements of bailiffs related to the transfer of rights to the property of the debtor;
- mortgage transactions classified as legal relations arising by force of law;
- Mortgage agreements arising on the basis of a joint agreement between the mortgagor and the owner of the mortgage, the subject of which is land and non-residential premises.
In turn, there are types of transactions that require less time that Rosreestr must spend. So, the deadlines for state registration of rights to real estate in some cases may be 10 days. This type of procedure forms the following list:
- registration of ownership or its transition from one subject of legal relations to another;
- execution of transactions, the subject of which is common shared or joint property;
- registration of the right to use real estate on a permanent, unlimited basis;
- registration of the right of so-called economic management;
- registration of the rights of subjects to carry out activities related to the operational management of real estate;
- execution of employment or sublease agreements, when required by law;
- registration of legal relations, the subject of which is military real estate;
- execution of transactions, the subject of which is - gratuitous use of the land on an urgent basis;
- adjustment of information in the Unified State Register;
- issuance of duplicate certificates;
- registration of contracts, the subject of which is the participation of the subject of legal relations in shared construction;
- execution of transactions reflecting the assignment of claims under shared construction contracts;
- registration of agreements supplementing the contract of participation of legal entities in shared construction;
- execution of termination of transactions for “replenishment” by the developer unilaterally;
- registration of citizens' rights to apartments in the process of privatization;
- execution of additional agreements to mortgage transactions in apartments.
There are, in turn, the registration tasks of Rosreestr, the duration of which is 5 days.
Such terms of state registration of rights to real estate belong to the following types of legal relations:
- registration of mortgage contracts for apartments, as well as transactions involving installment payments in favor of a seller of real estate;
- execution of subsequent agreements on "replenishment";
- registration of legal relations involving obligations arising from shared construction contracts;
- execution of certain types of mortgage agreements, the subject of which is land and non-residential premises;
- registration of transfer of ownership of real estate to the mortgagee in the collection process;
- registration of mortgage transactions in the process of interaction between the mortgagor and the owner of the mortgage;
- registration of transactions under the federal program "Housing";
- repayment of records related to a mortgage, on the basis of the Federal Law "On Participation in Share Construction", other information about the corresponding type of loan agreements.
There are tasks that Rosreestr must complete in 3 days. In some cases, they are workers, in others - calendar. The corresponding deadlines for state registration of rights are characteristic of the following list of legal relations:
- repayment of mortgage records - 3 business days;
- Correction of Rosreestr errors made in the process of state registration of rights - 3 calendar days;
- state registration of documents that are notarized - 3 business days.
There are, in turn, registration operations to be completed within 1 day. Such operational deadlines for the implementation of state registration of real estate rights are typical for the following range of legal relations:
- registration of transactions on changes regarding the content of mortgages;
- formation of a record reflecting information about new mortgage holders;
- provision of duplicate mortgages;
- registration of rights to real estate on the basis of documents that are provided in electronic form and notarized.
Some lawyers note the fact that the dates for Rosreestr to carry out relevant operations can be regularly adjusted by the legislator.
Dates - at the federal level
The terms of state registration of rights to real estate — whether it is a mortgage or, for example, a transaction whose subject matter is a land plot, it does not matter — are set at the level of federal law, that is, they are stipulated, in fact, in the Federal Law “On the Cadastre” or in sources relevant to it the rights.
The geography of the application of the law is also unimportant, in all cities the terms for state registration of rights to real estate are exactly the same. Moscow as a city of federal significance does not have advantages over any other locality in the Russian Federation in this aspect. And if at the level of federal legislation changes are made in the appropriate time frame, they will also affect the capital.
Documents for cadastral registration
Consider the most important aspect characteristic of the procedures, the totality of which represents the registration of rights to real estate - documents. The composition of the relevant sources may be different. In the 22nd article of the Federal Law “On Cadastral Accounting”, at the same time, they contain a sufficiently comprehensive list of them, standard for many transactions. Consider the relevant provisions of the Federal Law.
If we are talking about the execution of transactions with the land, the territorial Office for the registration of rights to real estate will ask, first of all, a boundary plan, as well as a copy of a document that can confirm the fact that possible land disputes allowed in the manner prescribed by law.
If an unfinished construction object, building or structure is put on cadastral registration, then a technical plan will be required to be submitted to Rosreestr. In some cases, you need a copy of a document authorizing the commissioning of the facility.
If, in the framework of interaction with Rosreestr, it is required to remove the property from cadastral registration, then it will be necessary to submit an inspection certificate of the corresponding building to the appropriate department.
The Rosreestr must provide documents that confirm the authority of the representative of the subject of legal relations, if he is involved in the relevant real estate transaction.
Also, this organization may need to provide various copies of securities relevant to the relevant type of real estate transactions.
Tolls
The legislation of the Russian Federation, in particular the Tax Code, stipulates that state authorities may levy a fee during the implementation of certain procedures, such as, for example, registration of rights to real estate. The state duty, therefore, is paid by the entities applying to the Rosreestr. The spectrum of this type of fees is quite wide. So, the Federal Cadastral Service defines more than 30 grounds for collecting state duties.
Among the most demanded services of Rosreestr is registration of real estate on transactions involving individuals. In particular, in 2015, the corresponding fee is 2 thousand rubles. This, I must say, is twice as much as it was in previous years. It can also be noted that the duty has also increased for organizations that formalize legal relations in real estate transactions - up to 22 thousand rubles.
The amount of state duty in the execution of shared construction contracts for individuals is 350 rubles, for organizations - 6 thousand. If a person needs to make changes to the registration record on a mortgage, then you will need to pay 350 rubles. Similarly, for updating information in the Unified State Register of Rights. Also 350 rubles. a citizen will have to pay as a state duty when registering a summer cottage or intended for the construction of a garage, as well as for the design of a house that a person plans to build on his territory.
Fees are the same for all territorial representations of Rosreestr, it does not matter where the documents are submitted - to the Moscow Office or the Siberian city noted above, where there is also a real estate department - Irkutsk. Registration of rights to real estate is thus carried out in accordance with the provisions of various legal acts, including, in particular, the Tax Code of the Russian Federation.