Quite often, citizens are interested in transactions subject to state registration. A part of legally significant operations does not need to be registered, it is enough to do with a notary certification. But there are agreements and rights that will not apply during such manipulations. They have to be carried out with the participation of various state bodies. Accordingly, an agreement without registration has no effect. It will either be declared null or void, or will require treatment by the registering authority. What about the topic you need to know and remember?
Summary of Agreements
Obligatory state registration is subject to transactions related to one degree or another with the property of citizens. In particular, with real estate.
This means that the bulk of property rights also provides for registration. Without it, as already mentioned, the operation will have no power. Obligations to register with state bodies are established only at the legal level. Therefore, citizens can find out exactly when they should carry out this procedure.
Deal Classification
Today, all transactions subject to state registration can be classified. In Russia they are divided into 4 large categories. Each provides for certain agreements.
Namely:
- on the alienation of property that is aimed at transferring real estate to property;
- alienation for transfer as a pledge or for use;
- changing legal relations for already registered operations;
- mixed type contracts.
It is not entirely clear what is assigned to this or that category. We will talk about this later. To begin with, it is worth exploring some of the basics of registration.
The concept of "real estate"
Transactions subject to state registration in Russia are related to real estate. What is this about?
The following property is called real estate:
- houses;
- cottages;
- apartments;
- garages;
- parking places;
- rooms;
- land;
- construction in progress.
In addition, real estate means shares in the listed property. Operations with these objects are recorded without fail.
Where to register
But how to do that? Where to go for help? Answer definitely will not work. Indeed, in Russia, real estate transactions subject to state registration are processed by different authorities.
For example, you can turn to the help of the State Services portal, but in real life this option is almost never found. The bulk of the population works with Rosreestr, cadastral chambers or with multifunctional centers. Registration is carried out by organizations like "My Documents". There are no more places for implementing the idea.
Procedure
Transactions subject to mandatory state registration are not so difficult to take into account. It is necessary:
- Prepare a specific set of documents. It is almost completely identical for all legally significant transactions.
- Write a registration application.
- Request a registration authority.
- Get documents certifying registration.
It would seem that everything is simple. But in practice, citizens have some problems. It is important to remember that even when concluding a contract in the presence of a notary public, it will be necessary to register it. Employees of a notary's office cannot legally provide such a service. And real estate companies, too.
Documents for registration
A little later we will figure out which transactions are subject to state registration. To begin with, it is worth figuring out what is useful for implementing the task.
The list of documents for state registration is usually presented as follows:
- applicants identity card;
- an agreement signed in accordance with established rules;
- title documents for property.
It's enough. Sometimes, constituent documents of organizations, as well as a power of attorney for a particular person may be required.
Transfer of ownership
Now in more detail we consider transactions with real estate subject to state registration. Previously, in Russia, for any transfer of ownership, you had to contact the registration authority. But now the bulk of such transactions is freed from additional manipulations.
To date, registration is subject to lease agreements with redemption, as well as the sale of enterprises as a property complex. There are no more transactions related to the transfer of rights.
Use and pledge
Often in Russia there are various agreements on the transfer of rights to use or on mortgaging property as collateral. They, as we have already said, have to be registered without fail. No exceptions or concessions. Recent legislative changes have not affected this category of transactions with legal significance.
The following types of real estate transactions are subject to state registration:
- rental agreements (buildings, complexes, non-residential and residential premises, land);
- gratuitous use of forest areas;
- property pledge agreements (including mortgage);
- forestry concession agreements.
It follows that if a person or organization decides to rent a room or rent it out, then you will have to additionally register the deal. Otherwise, it will be invalid.
Additional agreements
There are so-called accessory transactions in Russia. They allow you to modify existing contracts. In practice, they are not too common, but they do occur.
Transactions subject to state registration, in this case, distinguish the following:
- refusals to accept the gift;
- assignment of claims under existing agreements;
- debt transfer;
- agreement to amend a previously existing contract.
In fact, everything is simpler than it seems. And sometimes it’s easier to study real estate transactions that are not subject to registration in the prescribed manner. We will talk about them later.
About Mixed Operations
This category of agreements includes:
- re-lease;
- exchange of premises.
Usually mixed contracts are registered if they contain all the elements of a transaction subject to state registration. This usually happens.
What do not register
Next, we will get acquainted with some common real estate transactions, which in Russia recently should not have to undergo mandatory registration in the State Register.
This may include:
- buying and selling real estate;
- inheritance;
- execution of the will;
- gift transfer;
- rent with the transfer of real estate on the security of rent.
There is also no need to register allocation or re-registration of shares in real estate.
Registration Result
How is the fact of registration of the transaction confirmed? This question worries many citizens. After all, in disputes in court, you will have to prove the legality of the transaction and that all the established registration rules have been fully observed.
In modern Russia, people do not receive any additional papers after the procedure being studied. Citizens receive a previously signed agreement with a special stamp from Rosreestr.
In addition, documents on property rights, if issued, can serve as confirmation of state registration. The fact is that these certificates just do not take shape. The owner receives them along with the registration of the agreement.
Documents after registration
What is this about? Until 2016, all owners were required to make and issue certificates of ownership. But, as you might guess, this is only possible when transferring real estate to another citizen. In other situations, as we have said, you have to do with the stamp of the registering authority.
After registering the ownership of the property since 2016, all owners are issued extracts from the Unified Register of Enterprises. There are no more certificates of the established form and cadastral passports.
Before carrying out legally significant real estate transactions, the extract from the Unified State Register will have to be updated. It can be ordered at Rosreestr or at the MFC. As a rule, the validity period of a document is not established, but it is generally accepted that to conclude a contract it is necessary to present a certificate taken no later than a month ago.
Briefly about conducting transactions
A few words about how transactions are subject to state registration. Most of them require compliance with certain rules. They are common to most legally relevant transactions.
You must do the following:
- Collect documents for the property appearing in the agreement.
- Draw up a contract of one type or another.
- Prepare identity cards of the parties.
- To sign an agreement. The contract is signed by both parties. It is advisable to do this in the presence of a notary. So it will be possible to prove the legality of the operation.
That's all. Now you can apply for registration of property rights and / or for registration of the agreement. There is nothing difficult or incomprehensible in the studied processes. Each adult citizen can cope with them.
Summary
We found out what rights and transactions subject to state registration exist in Russia. We also managed to get acquainted with the result of the process and how to conclude certain agreements correctly.
Key property agreements are often accompanied by real estate offices. They help not to register, but to conclude contracts. This is a very important point, without which the process will be declared invalid.
Should I turn to the help of intermediaries in registering agreements? No, it's better to do it yourself. But accompaniment of any contracts related to property will not hurt. For example, notaries will help to draw up a competent text of the agreement, and realtors will find conscientious and reliable buyers / tenants.
As a rule, for all the transactions mentioned earlier, when it comes to jointly acquired property, the consent of the husband / wife is required. It is issued only by a notary public and is not additionally registered.