On January 1, 2017, Federal Law dated July 13, 2015 (as amended on July 3, 2016) N 218-FZ “On State Registration of Real Estate” came into force. How did this affect the procedure for registering ownership of an apartment in a new building?

The essence of innovations in the design of an apartment in a new building

The new law significantly simplifies the procedure for registering real estate, including in a new building. The time frame for state registration is reduced; in addition, property rights can be registered in any region, regardless of the location of the property. Another innovation is that you can submit a receipt for payment of the state duty within five days after submitting the documents.

Of course, the registration procedure itself will begin only after you confirm payment of the fee, but now they have no right to refuse to accept documents without a fee. In general, many of the changes are very positive.

But there is one alarming point: such a document as the Certificate of State Registration of Property Rights is being cancelled. Now all information about real estate and its owners will be contained only in the Unified State Register of Real Estate.

As a matter of fact, those who register an apartment in a new building, starting in 2017, will not receive any supporting document, which is not very convenient for those who are accustomed to trusting “pieces of paper.” Also, some lawyers see the “weak point” of the innovations in the fact that now it is possible to re-register an apartment in any region. That is, if your apartment is criminally re-registered in your name, you won’t even know about it.

Here is how Maria Bast, chairwoman of the Russian Association of Lawyers for Human Rights, a lawyer, comments on this situation: “The only confirmation of ownership is now the reflection of this right in the electronic register of rights to real estate. The certificate of ownership has now lost its legal force; a certificate is no longer issued when registering ownership. The only confirmation is an extract from the unified state register valid at the time of issue. The extract confirms only that at the time of its receipt the person is the owner. Accordingly, no one guarantees that in a short time changes will not be made to the register that deprive the owner of his rights.

The fact is that the new changes did not affect the procedure for registering property rights in any way, since the basis for making changes to the register is, for example, an agreement or a court decision - any document of title. The problem is that being included in the register does not provide you with a document confirming that a person is the owner, just like his registration.

If earlier there was a register and confirmation in the form of a certificate, now only the register remains, and the extract is only a certificate at the moment. Transfer under an agreement, as before and now, only meant the basis for filing an application for registration of property rights with Rosreestr, and Rosreestr made a decision whether to make changes based on the submitted documents.

In our legislation, the moment of transfer of ownership is the registration of this right in Rosreestr, and not an agreement or other document of title.

One of the measures that will protect you from further criminal acts with your apartment is the following. At the time of registration of a new building in Rosreest, leave a personal statement with a request not to carry out registration transactions with your real estate without your presence and not to carry out them in other regions. It is still difficult to say how the registration authorities will react to this application and what practice will develop, but these are quite reasonable safety measures when registering ownership of a new building.”

Registration of ownership of a new building - why does it take so long?

It often happens that a developer builds a house ahead of schedule. And even all shareholders receive the keys earlier than expected. And you have to wait years for property documents (according to the new law - simply registration in Rosreestr).

The thing is that before the shareholders register ownership of the new building, the developer must go through many procedures. Some of them are delayed. For the owner of a new building, a prolonged wait is inconvenient in many ways. Until you are a registered owner, you cannot register at your place of residence in your apartment, and you cannot take advantage of the benefits granted to owners of the first home. Including paying for utilities. This is especially inconvenient for those buyers of new buildings who do not have permanent registration in the Moscow region.

And one more thing: in the interval between the delivery and acceptance of the house and the registration of ownership of the apartment, you will not be able to do anything at all with your new building (in terms of purchase and sale).

What must the developer do so that you can register a new building?

First of all, obtain permission to put the house into operation (this is where it all begins, without it they do not have the right to issue you keys). Draw up a protocol on the distribution of residential and commercial space. This procedure is relevant for many modern residential complexes, the first floors of which are reserved for infrastructure tenants. Obtain a passport for the newly built house from the BTI and register it with the cadastral register. Assign a postal address to the house.

Very often, developers include in the contract a clause stating that the shareholder covers “the costs associated with the state cadastral registration of the apartment, including the costs of preparing (issuing) state cadastral registration documents, the costs of technical inventory of the Apartment, the costs of issuing a cadastral passport for the Apartment , expenses for processing any documents that are necessary for state registration of the Participant’s ownership of the Apartment.”

So be prepared to pay before the registration process for a new building begins.

When the developer has completed all the necessary procedures, it will be time to register your apartment in the new building as your property.

How much does it cost to register ownership of a new building?

Many developers deal with the registration of ownership of new buildings centrally and, most often, for a fee (sometimes there are marketing campaigns that promise free registration of ownership of the apartment). The range of prices is quite wide - from 10 thousand rubles (the most reasonable and “real” figure) to 50 thousand rubles and above.

Some experts believe that if payment for registration of ownership of a new building is taken at the time of signing the share participation agreement, then this is an imposed and not entirely legal service (since there is de facto no apartment, there is a risk that there will not be one if the developer fails to fulfill its obligations under the share participation agreement in construction).

In any case, do not forget that it is your right, as a buyer, to carefully calculate all the associated costs and decide whether it is profitable to buy this particular apartment.

It may turn out that at the time of concluding the contract, the opportunity to shift the hassle of registering ownership of the new building to the developer seemed attractive. But then the financial situation changed and there was a desire to save money. It's a shame if the contract doesn't allow you to do this

So, what documents will be needed to register an apartment in a new building? First of all, passports of all participants in shared construction. The act of acceptance and transfer of the apartment. Further, depending on what scheme you used to buy an apartment in a new building - the actual agreement of participation in shared construction with a state registration stamp or an agreement on the assignment of rights of claim, also with a state registration stamp.

Permissions from the guardianship and trusteeship authorities if one of the owners is a minor (and this happens, for example, if an apartment is purchased with the participation of maternity capital). Cadastral passport with an explication (plan) of the apartment (the developer organizes a centralized measurement of BTI apartments).

If the apartment was purchased using a bank loan and a mortgage will be issued on it along with the registration of ownership, then you must also bring a loan agreement. All documents are provided in original form with photocopies.

The application for state registration of property rights is now filled out electronically. The state duty in 2017 is 2,000 rubles.

You can also submit documents for state registration of an apartment in a new building using a power of attorney.

A subtle point: what happens if the shareholder dies before he has time to register ownership of the new building. As Marina Komogorova, deputy head of the new buildings department at NDV-Real Estate, explains, cases where a shareholder dies before receiving the keys to an apartment are not excluded in practice.

Of course, the apartment “does not go” to the developer. The inheritance procedure begins, and within six months the heirs must declare their rights to the property due to them, including claims to an apartment in the acquired new building. The notary, who is provided with the DDU, helps to prepare the necessary documents: namely, a certificate of inheritance. It must be provided at the stage of acceptance of the apartment, in addition to the passport and the DDU agreement.

Important: according to the new rules, from January 1, 2017, registration of rights will take seven working days (nine when submitting documents through the MFC), cadastral registration will take five working days (seven when submitting documents through the MFC). And with simultaneous registration of rights and cadastral registration - 10 working days (12 working days - through the MFC) (clauses 1-5, part 1, article 16 of the law on real estate registration). If the rights are registered on the basis of a notarized transaction, a certificate of inheritance or a certificate of a share in the common property of the spouses, then the registration period will be, as now, three working days. If documents are submitted electronically, the deadline will also not change and will be one day (paragraph 6, paragraph 3, article 13 of the current registration law, paragraph 9, part 1, article 16 of the new registration law)

After you register ownership of the new building, you can register at this address. Don't forget to check that utility payments are now calculated taking into account local benefits.

For reference, today in the Moscow region there are about 27 million sq. m. m of housing. The Moscow region is the leader in the country in this indicator. Thus, in the first three quarters of 2016 alone, 5.4 million square meters were commissioned in the Moscow region. meters of housing, which amounted to 11% of all housing built in Russia during this period.

State registration of rights - entering information about the right to a property in the Unified State Register of Real Estate ( The Unified State Register of Real Estate (USRN) appeared in 2017 as a result of combining the Unified State Register of Rights to Real Estate and Transactions with It (USRR) and the State Real Estate Cadastre (GKN) into one information resource.

">EGRN) - are subject to ownership and other proprietary rights to real estate and transactions with it, restrictions on rights and encumbrances of real estate: easement, mortgage, trust management, lease, rental of residential premises and so on.

Now the information entered into the Unified State Register of Real Estate is the only evidence of the existence of a registered right to a property, which can only be challenged in court.

The owner must register the rights (regardless of who he is - a citizen of the Russian Federation, a foreign citizen or a stateless person). If the owner is a minor, a legal representative (parent, adoptive parent, guardian, trustee) can act on his behalf. From the age of 14, a child can register rights to real estate himself. On behalf of incompetent persons, an application for registration of rights is submitted by their guardians. If necessary, you can issue a notarized power of attorney for the representative.

2. Is it necessary to register a property before registering it in the cadastral register?

Previously, if a property was not registered in the cadastral register, it had to be first registered in the cadastral register and only then the rights to it had to be registered. Now, if necessary, this can be done simultaneously.

You will only need state registration of the right if information about the property, the right to which needs to be registered, has previously been entered into the Unified State Register of Real Estate, that is, it is already registered in the cadastral register.

State registration of property rights simultaneously with cadastral registration is required if the object was With the exception of previously unregistered real estate for which permission to put a capital construction project into operation was issued (for example, apartment buildings). In this case, the object is registered in the cadastral register by the state authority or local government that issued the permit.

">created (for example, a private house was built) and, accordingly, was not previously listed in the Unified State Register of Real Estate, or was formed (for example, by dividing a plot of land), or ceased to exist (provided that previously the rights to it were registered in the Unified State real estate register).

At home

Veterans of the Great Patriotic War, disabled people of the Great Patriotic War, disabled people of groups I and II can register the rights to their real estate using the free “Field Service” service. A courier will come to them and accept the application for registration of rights.

Property rights will be registered within 5-15 business days. To check the status of consideration of the application, you can use the electronic service “Checking the execution of the request online”.

5. How is state registration of a right confirmed?

Based on the results of registering your rights to real estate, you will be given an extract from the Unified State Register of Real Estate about the main characteristics and registered rights to the property. It can be received in the form of an electronic document signed with a qualified electronic signature, by e-mail, or in the form of a paper document, which can be received by mail or in person at the center. You can also order delivery of an extract from the USRN by courier (paid service). The method of obtaining the document must be indicated in the application when submitting documents for registration of rights.

Certificates of ownership are no longer issued since 2017.

6. How can I prohibit the registration of rights to my property without my presence?

If you are the owner of real estate, you can apply to make a record in the Unified State Register of Real Estate about the impossibility of state registration of a transfer, restriction (encumbrance), or termination of the right to a property without your personal participation.

In this case, Rosreestr will reject any attempts by third parties to register any rights to your property without giving reasons. Exception: change of rights to real estate based on a court decision that has entered into legal force or the request of a bailiff.

Subsequently, such a record may be An entry in the Unified State Register about the impossibility of state registration without the personal participation of the owner of the property (his legal representative) is canceled on the basis of:

• applications from the owner (his legal representative) to withdraw a previously submitted application about the impossibility of state registration;
• a judicial act that has entered into legal force;
• decision of the state registrar (without an application from the owner or his legal representative) simultaneously with the state registration of the transfer, termination of the ownership right of the specified owner.

">cancelled. A record can be canceled without a statement from the previous copyright holder on the basis of a decision of the state registrar in cases where:

• the previous copyright holder did not challenge this right in court;
• the body carrying out state registration of rights received a document confirming that the previous copyright holder challenged this right in court simultaneously with the entry into the Unified State Register of Rights of an entry indicating the existence of a claim claimed in court;
• the body carrying out state registration of rights has received or submitted a court decision that has entered into legal force and according to which this right has been terminated, the right of another person to the object has been established, or the termination of this right has been denied.

">repaid.

8. Is it possible to complete all the documents necessary for purchasing a home in one package?

At the “My Documents” government service centers, you can draw up documents and receive services that you may need during the process or immediately after purchasing a home, for example:

• provision of information contained in the Unified State Register of Real Estate;
• conducting an inventory and providing technical accounting information;
• provision of information and documents on rights to housing facilities registered before January 31, 1998;
• disposal of maternity capital;
• provision of housing accounting information;
• state cadastral registration and (or) state registration of rights;
• approval of the reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings and residential buildings and execution by the acceptance committee of an act on the completed reconstruction and (or) redevelopment of premises in apartment buildings and residential buildings.

All of them have the opportunity to receive documents in one package.

It is important to register ownership of an apartment in a new building as soon as possible. The presence of issued keys does not constitute proof of ownership. The only confirmation of ownership is registration in Rosreestr.

Today, cadastral registration and property registration are combined into the Unified State Register of Real Estate. All information from the cadastre and register of rights is entered into it.

In addition, a certificate of ownership is no longer provided. Instead, you can receive an extract from the Unified State Register of Real Estate. It confirms that you are the official owner of the property. And on the owner’s copy a mark indicating the registration of the property is affixed.

You can submit documents at any government agency of Rosreestr or MFC. You can choose the location address that is most convenient for you.

Normative base

Registration of property rights is regulated by the Civil Code of the Russian Federation and Federal Law of the Russian Federation No. 218 of July 13, 2015 “On State Registration of Real Estate”. Despite the date of adoption, the law only came into force in 2018.

Ownership of real estate is maintained in the Unified Register. Now it can only be challenged in court. The new law introduced amendments to the registration of property in the already existing registration procedure. An innovation is the ability to submit an application for registration through any branch of Rosreestr. To do this, you do not need to contact the district department at the location of the apartment.

Conditions of registration

An apartment can be registered if a number of conditions are met. To do this, the developer performs the following actions:

1. Draws up a protocol for the distribution of residential and commercial premises.
2. Receives a technical passport.
3. Signs a transfer deed with the owners.
4. Carries out cadastral registration of the entire house.
5. Submits documents for assignment of a postal address.

Before registering ownership of an apartment in a new building, you need to make sure that you have a sufficient package of documents. You can get them from a construction company specialist.

Required documents

The entire procedure is divided into two main stages - preparatory and direct registration with the registration authority.

First you need to collect documents, including the following:

• Transfer deed. To obtain it, you need to submit an application to the developer. Along with it you will be given the keys to the apartment.
• Permission from the guardianship authorities. It is provided if one of the owners is a minor.
• Cadastral passport with apartment plan.
• Loan agreement. It is provided in case of a mortgage. If for some reason you do not have an agreement, contact your bank branch.
• Agreement for the purchase of an apartment with the developer, including additional agreements.
• Passports of all adult owners. Birth certificates for children under 14 years of age. Passports are provided for children over 14 years of age. Additionally, copies of all pages are provided.
• A proxy's passport and power of attorney if you are unable to submit documents in person.

You should collect the most complete package of documents in advance so that registration is not suspended in the future. After the documents have been collected, you must contact the registration authority. You can submit an application in person to the MFC or Rosreestr.

A representative of the developer is involved in the registration process. To do this, you need to contact the developer and agree on a date for submitting documents.

Registration of ownership of an apartment in a new building requires compliance with a specific sequence of actions. First of all, an application of the established form is filled out. It contains information about the registered object and passport data. The application shall indicate the entire list of documents provided. Then you need to check that the information is filled out correctly and sign.

During the registration process, the state fee is paid, and a copy of the receipt is attached to the package of documents. Without this, documents will not be considered. You can pay the receipt at any bank branch. The state duty can also be paid at the terminal located in Rosreestr or the MFC.

The specialist will check the submitted documents and the owners for their presence. He will check the power of attorney of the developer's representative. After this, you will receive a receipt indicating the documents submitted and the date they were received. You can pick up your documents and an extract from the Unified State Register within the specified period. You need to have a receipt and passport with you.

Registration period and cost

In accordance with current legislation, the registration period is counted from the moment the application and package of documents are submitted. According to Part 1. Art. 16 Federal Law No. 218 dated July 13, 2015, property registration is carried out within 12 working days. It all depends on the specifics of the transaction and specific circumstances. If you submit documents through government services or the MFC, the period may increase by several days. When submitting documents directly to the registration authority, the registration period will be minimal.

The cost of the state duty is 2000 rubles. Moreover, the amount does not depend on the number of owners.

Nuances

When requesting documents from a construction company, pay attention to their condition. Their appearance must meet established requirements. According to Art. 18 of Federal Law No. 122 Rosreestr cannot accept for consideration documents with corrections, blots or strikeouts. This may be misinterpreted. In addition, it is impossible to determine exactly who amended the document.

If the developer does not fulfill his obligations and refuses to issue the required documents, he will have to go to the district court. And with a court decision you can apply to register the property. Otherwise, the process of registering real estate in a new building is no different.

If the apartment was purchased using bank borrowings, additional documents will be required. For a mortgage, a loan agreement is additionally submitted to Rosreestr. In this case, the real estate becomes collateral to the bank until the funds borrowed for its purchase are fully returned. The apartment becomes collateral.

Documents are drawn up in the general manner. The only exception is encumbrance. It is imposed by the registration authority. Once the loan is repaid, it can be withdrawn. Until this moment, the owner will have to obtain permission from the bank to carry out any actions and transactions.

The owner will have to obtain permission from the bank not only to sell the apartment, but also in case of renting it out for long-term rent.

Features of registration under an equity participation agreement

After completion of construction work, the developer provides the opportunity to those who bought apartments during the construction process to register ownership. To do this, the following steps are taken:

1. a protocol for the distribution of apartments and commercial space is drawn up;
2. a technical passport is issued;
3. signs the transfer deed;
4. the house is registered with Rosreestr;
5. the address of the house is assigned.

When shareholders enter into rights, there are two possible scenarios for the development of events. In the first case, the developer helps to collect the necessary documents and register the right. In the second case, the company may prevent registration. If in the first case the procedure is no different from the standard one, in the second case you will have to apply to the district court with a statement of claim.

As soon as the house is put into operation, the construction company transfers the apartments to the buyers. The process involves inspecting the apartment, checking communications and drawing up a transfer deed. If there are deficiencies, a report is drawn up and a deadline for elimination is set. If everything is in order, the owners are provided with the keys.

Since January 2013, the developer is required to register the entire house with all premises, including residential premises, on the cadastral register. For this reason, shareholders do not need to separately request a cadastral passport. If the developer delays the process of obtaining a cadastral passport, the owner will first have to order a technical plan of the residential premises from the BTI. Only after this can you contact Rosreestr to prepare documents and obtain a cadastral passport.

In accordance with paragraph 11 of Art. 48 Federal Law No. 218 of July 13, 2015, to register property under the DDU, the following is required:

• passports of citizens who took part in shared construction;
• equity participation agreement;
• transfer deed for residential premises;
• permission to put the house into operation;
• receipt of payment of state duty;
• birth certificates for minor owners;
• a loan agreement in the case of obtaining a mortgage for the purchase of an apartment.

If the contract is concluded by only one spouse, written consent is required from the second. It must be certified by a notary.

The registration process itself is no different from the usual procedure. But in this case, it is not necessary to register in person. Sometimes registration is carried out by development companies.

Thus, registration of rights to an apartment in a new building depends on many factors. To do this, you need to collect documents and submit for registration to Rosreestr. After this, you will become a full-fledged owner of the residential premises.

How to correctly register an apartment in a new building as your property, what are the advantages of new buildings and why the DDU remains the most reliable form of relationship between the buyer and the developer we analyze the issues in detail.

How to register ownership of an apartment in a new building

Transactions on the primary market, in contrast to the secondary market, are considered the safest, since questions about registration of previous owners, debts for the property and other unpleasant nuances are excluded.

However, collecting all the papers may take longer than expected. Therefore, if the buyer initially understands what documents are needed to register property, this will significantly speed up the process of registering an apartment.

For its part, the developer is first required to implement a number of mandatory procedures:

• Draw up a protocol for dividing residential and non-residential square meters of each apartment
• Permission must be obtained from the BTI to start (put into operation) the house
• Draw up a protocol indicating the distribution of all apartments in the specified new building among the future owners - exactly what area is assigned to whom.
• Coordination of all obligations between the developer and the local government - Certificate of implementation of the investment contract.
• Sign with all shareholders the Acceptance and Transfer Certificates for each apartment in the newly constructed building - let us remind you of our recommendations on how to accept housing and avoid possible mistakes.

From the moment the developer has completed all the mandatory procedures for properly registering the building and opening a registration address, future owners can begin to obtain ownership rights to the apartment acquired under the contract.

It is important to know here: the DDU (Share Participation Agreement) in a new building assumes that registration of ownership of the apartment by the developer, on a free or conditionally paid basis, is possible. The construction company often takes care of all the hassle of legalizing and submitting documents to the authorized bodies and the subsequent receipt by the shareholder of the same extract from the Unified State Register that replaced the previous “green certificate”. Federal Law of July 3, 2016 N 360-FZ

The fulfillment of obligations by the developer does not always correspond to those stated, and in order to speed up the process of legalizing property, equity holders (co-investors) often prefer to independently register the rights to the purchased apartment. As a result, the future home owner faces the need to choose from three possible scenarios.

1. Registration of property purchased in a new building through a construction company

If the developer has a decent reputation and repeated experience in registering all the necessary documents for the shareholder to obtain property rights, and all delays are related to the objective features of the registration of the building in Rosreestr, it is worth waiting for the obligations to be fulfilled, since it is hardly possible to speed up the process on your own. In this case, the submission of a package of papers and the legalization of rights to real estate occurs on the basis of a Power of Attorney issued from the shareholder to the developer.

2. Registration of property rights on your own

It’s not so difficult to register your property on your own - the general conditions of the process for future apartment owners are quite flexible and suggest three registration options:

• At the MFC specialists of multifunctional centers prepare and staple documents for sending them to Rosreestr independently, the applicant is notified of each change in the status of the application via SMS, the conditions for such cooperation are quite comfortable. Obtaining confirmation of the legal right to own an apartment takes a little longer than if submitted directly (to Rosreestr), but is not so critical; on average, the increase in time does not exceed 2 days.
• Rosreestr in this case, saving time on obtaining an extract from the Unified State Register will be no more than 2 days, but submitting documents to the Registration Chamber excludes any intermediary services and implies filling out and stitching the papers yourself. Rosreestr specialists may refuse to accept the package if the documents for the apartment being legalized contain corrections or blots or other damage that could affect the readability of the text. Comments on the semantic content are also possible if ambiguity in interpretation arises during reading.
  Important. January 2, 2017 effective date of amendments No. 218-FZ: now, on the basis of the amendments, to register rights to an apartment, the choice of any Rosreestr branch convenient for the property owner is provided. This means that purchasing housing in a new building in one of the cities of the Russian Federation requires filing an application for its legalization in any other locality.
• Public services convenient online service, where all necessary forms for documents are filled out via the Internet. The convenience of this method lies in the fact that the system indicates errors before registration, eliminating the risks of repeated corrections and filing applications to formalize the rights to legal ownership of an apartment. If the questionnaire is filled out correctly, a day and time for a visit to the Registration Chamber is assigned to present the original documents and subsequently post the status of the apartment in the Unified State Register.
  Important. When using the resources of the State Services website, you must have an EDS (electronic digital signature).

Which method of submitting documents will be chosen is up to the future owner of the property to decide personally. But for each, you will need to first collect, fill out and execute an identical package of papers confirming the authority of the person submitting the request and the current status of the apartment.

Documents and their preparation

Convincing the cadastral authorities of the legality of filing an application is necessary on two levels - papers will be required to certify the identity of the applicant and the basis for which the service is required.

Types of documents confirming the identity of the applicant:

• Passport of a citizen of the Russian Federation (for persons over 14 years old), a copy of this document, certified by a notary. Also, a temporary certificate is accepted (form No. 2P)
• Birth certificates (if the co-owners of the apartment are minors)
• Passport of a citizen of a foreign country when he acts as the future owner of the apartment. Additionally - a notarized translation of the foreign applicant’s passport.

Important. The identity of the applicant can be confirmed, including a seafarer’s passport, a refugee certificate and a temporary certificate indicating the pending application for recognition of this status

Forms, certificates, acts related to registration of rights to an apartment

• Application in the prescribed form (download sample form) 1 pc.
• DDU (agreement for shared participation or purchase of an apartment) original (returnable), additionally 2 copies
• An act confirming acceptance/transfer of an apartment
• Plan of the premises to be designed (floor by floor)
• Explication
• Payment of state duty (copy of receipt)
• Power of attorney to represent interests if the future owner of the property acts through a representative (notarized)

Registration of ownership of an apartment in a new building with a mortgage

If there are minors among the applicants for the property, and the apartment was purchased on a mortgage and the housing is security for an installment plan, a Permission obtained from the guardianship authorities will be required.

This set of documents is the most common, and if the entire package is collected, filled out and prepared correctly, you can receive an extract from the Unified State Register, and therefore the rights to an apartment, within a month. You should pick up the official document confirming the ownership of the specified property in the same place where the application was submitted.

Advice: If registration is required for a mortgaged apartment, MFC specialists will ensure the correct submission of the package of required papers and their error-free completion. In this way, you can avoid returning the application for legalization of property and wasting time on resubmission.

How to obtain property rights through court

In rare cases, the developer may be unwilling to provide the required Certificates and Technical Data Sheets due to the inability to eliminate deficiencies identified during the delivery of the house. If a new building, for a number of reasons, cannot go through the registration procedure, resulting in the absence of the package required to submit to the appropriate authority for obtaining property rights, judicial regulation is the best way out.

How can participants in shared construction or buyers of housing in new buildings file a claim for recognition of property rights if they first need to collect the very missing documents that do not yet exist or the developer refuses to issue papers?

The optimal solution is to contact specialized specialists and entrust them with such a complex task associated with registering home ownership. This service is paid, and the cost of the work, correlated with the speed of its completion, looks more optimistic than, for example, the developer’s proposals for a certain fee to resolve the registration issue and all the discomfort he himself created.

All missing Acts, certificates from the BTI, Permits and Protocols are collected by lawyers, who subsequently correctly, without the possibility of rejection, draw up a Claim and represent the interests of the potential owner of the property being considered for judicial appeal. In most cases, the court decision in such actions is made in favor of the plaintiff and the apartment acquires legal status and owner.

Is it possible to postpone obtaining rights to an apartment?

There is no law obliging everyone who bought a home in a new building to urgently obtain title documents. Obtaining an extract from the Unified State Register is a voluntary decision, not criminally punishable, but still has its consequences. In this case, the buyer will not be able to carry out a number of important actions:

• Get a registration applies to the owner and his family members
• Selling, donating, renting out, or leaving such an apartment as an inheritance will also not work.
• The status of the owner is conditional and does not apply to the grace period of three years, which exempts from paying personal income tax.
• Benefits for utility services are not accrued, and the tariff for payment of housing and communal services provides for an increase in standard
• Allocation of space for minors, even if maternity capital is used, is also impossible.

If you have theoretical knowledge and understand the basic rules of communication with developers and government agencies, buying an apartment on the primary market with subsequent independent, judicial legalization of your rights or turning to intermediaries no longer looks like a complex and difficult task.

The vast majority of apartments are sold at the construction stage or even before work on the construction of a residential building begins. This means that the buyer is not able to formalize ownership rights - to register the housing, since, in fact, there is nothing yet to register. , which is the basis for acquiring ownership rights to an apartment in a new building, as well as the funds paid under this agreement, cannot automatically make the shareholder the owner of the property.

In this article, the portal site invites readers to familiarize themselves with all the stages associated with registering ownership of an apartment in a new building, as well as the possible difficulties and nuances of the registration process.

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In order to register an apartment in a new building, it is not enough to wait until construction work is completed. After the builders have completed everything that was required of them, and the house is ready to accept residents, it is time to carry out numerous legal operations that precede the official registration of the apartment.

Most often, the following picture is observed - the house is built, the apartment is transferred to the shareholder, who moves in and lives in his own living space (this living space is his own on the basis of a share participation agreement and the deed of transfer of the apartment). Everything seems to be fine, but...

• According to the Federal Law “On Registration and Recognition of Ownership of a House, Apartment and Transactions with Them,” the new owner cannot dispose of the property in full - including, he cannot sell, donate or bequeath the housing.
• The new owner cannot even obtain registration, since his right to this housing is not officially recognized. But living without registration, especially in Moscow and other large cities, can hardly be called comfortable. Registration, despite the abolition of this very institution in modern legislation, remains associated with a whole list of social relationships - this is the possibility of employment, interaction with medical, preschool, educational institutions at the place of residence, etc.
• Further, without registration in a new apartment, not a single bank will accept it as a full-fledged collateral when applying for a loan (which may be required, for example, for finishing work, if such work was not provided for in the contract) - of course, the credit institution can meet halfway, however conditions will be less favorable than in the case of registered property.
• According to the law, when selling an apartment, its owner is exempt from income tax, but this occurs if three years have passed since the acquisition of ownership rights to it. If registration of a new building is delayed, the time of actual residence is not counted in these three years, and the owner incurs additional costs when selling.

Processes of legal registration of a new building

• Commissioning permit

The procedure for registering ownership of a new building actually begins with the fact that the developer must obtain permission to put the apartment building into operation. This document confirms that no violations were identified by state regulatory authorities, and the housing complies with established standards and requirements. That is, it is theoretically possible to move into apartments in a new building from this moment on. Then follows the execution of an act of implementation of the investment contract for construction, which must be signed by the city authorities (in the capital also the Moscow Tender Committee) and a list of organizations.

• Measurement of actual area

During the paperwork process, BTI employees must measure the actual area of ​​apartments in a new building, which often differs from the area that was declared by the developer at the time of concluding the contract. If there is a difference, then the developer and the shareholder must make final payments under the agreement. After all, by the time construction was completed, the shareholder had already paid the full amount calculated by the number of square meters. And if the actual area is smaller than specified in the contract, the developer is obliged to return the difference, but if the actual area is larger, then the shareholder is forced to pay extra.

As practice shows, there is no delay in additional payments on the part of shareholders, but the return of the difference by the developer is often delayed - to the point that shareholders have to seek compensation through the court. In any case, until the financial relations of the parties who signed the agreement are settled and the documents confirming this are signed, the matter will not move forward.

• Transfer certificate

The next stage is the signing of the act of transfer of living space by the developer and the shareholder to whom the apartment is transferred. After signing this act, it will be very problematic to present any claims to the developer regarding the quality of the work performed. Therefore, at this stage, the shareholder must be extremely careful, because he will have to correct the mistakes of the builders at his own expense. The process of accepting and transferring an apartment can also be fraught with some difficulties associated with the need to force the developer to correct all the deficiencies or compensate the shareholder for the cost of the work.

After all the documents have already been signed and collected, the new resident can legally register the property as his own. Upon completion of signing the act of acceptance and transfer of ownership of the apartment, the new owner can move in, make repairs, settle down and live in the received living space. The fact that ownership has not been registered, in principle, does not prevent the apartment from being used for living– the new building, upon signing the commissioning permit, is already connected to the city communications systems, and all the necessary benefits are supplied to the resident in full.

Obstacles during legal registration of a new building

After signing the act of acceptance and transfer of the apartment from the developer to the buyer, the latter has the opportunity to formalize ownership by registering the apartment with the Federal Registration Service. But there are many factors that interfere with registration, and most of them do not depend on the shareholder. As a result, the registration process can drag on for a long period of time - legal formalities can take several years.

In principle, all interference can be divided into two categories - general and specific:

• The reason for the delays, which is common to all developers, is the fact that legal examinations, processes of approval and signing of documents with government authorities are themselves quite complex and take up considerable time.
• Private reasons include delays related to the activities of a particular developer, which may arise at each stage of paperwork.

Thus, at the time of obtaining permission to put a building into operation, inspection services may discover serious deficiencies, which often take a lot of time to eliminate. When closing an investment contract, city authorities may not sign documents due to dissatisfaction with the distribution of living space - the developer may be required to allocate a larger number of apartments than originally intended. The developer, in turn, may be in no hurry to resolve the issue due to the fact that he is forced to satisfy the interests of investors or for other reasons.

The developer, and, consequently, the shareholder, has to face similar problems at every stage of real estate registration.

Methods of registering property rights

So, all the documents required by law from the developer have already been completed, the transfer deed has been signed, all that remains for the new resident to do is to complete the . There are three ways to do this:

1. Grant the right to the developer to register the apartment independently. Some developers offer this service for an additional fee;
2. Registration of ownership of an apartment on your own;
3. Registration of property rights through the court.

• Registration with the help of a developer

The first method is the least troublesome; developers quite often undertake to prepare all the necessary documents for a fee. This is beneficial to the developer, who not only receives additional profit by issuing “wholesale” certificates, but also increases interest in his properties from potential buyers by offering this service.

The offer is no less advantageous for the shareholder, who has the opportunity to save time and nerves - as a rule, the developer’s representatives have sufficient experience and connections to quickly and easily obtain a certificate.

• Self-registration

This method is less expensive, but more troublesome. The developer may require an additional fee for transferring the necessary documents to the shareholder; in addition, all the required queues and other obstacles associated with the bureaucratic apparatus must be overcome by the apartment owner independently.

To register ownership of an apartment, its actual owner must submit a number of documents to the Office of Rosreestr at the location of the property (for Moscow, this body is the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow). Firstly, these are documents provided by the developer (permission to put the property into operation, etc.), as well as documents directly related to the registered apartment:

The list of documents should include:

1. Application for state registration;
2. Agreement concluded between the co-investor and the construction company;
3. Floor plan and explication of the apartment from the BTI (the owner of the apartment must prepare these documents independently);
4. The act of acceptance and transfer of the apartment;
5. Receipt for payment of state duty (1 thousand rubles);
6. A copy of your passport;
7. Notarized power of attorney (if the documents are submitted by the owner’s representative).

For the documents that the developer draws up, the latter may demand an additional fee (this is most often an unlawful requirement, however, it is necessary to look at the text of the share participation agreement). After all documents have been submitted to Rosreestr, you need to wait some time to verify them. According to the rules, this time is limited to a month.

Owners who have decided to register an apartment themselves are advised to wait until the developer himself registers at least one apartment. In this case, the procedure is completed faster, since some documents common to the entire facility as a whole have already been verified during the initial registration process, and the package of remaining documents requires less time for verification. In addition, real estate companies through which an apartment in a new building was purchased can help in decorating an apartment; similar services in Moscow and the Moscow region are offered, for example, by.

• Registration through court

Regardless of the reasons why the necessary documents cannot be obtained by the owner of the apartment to register its ownership, the shareholder has the right to register the apartment and can defend this right in court. As a rule, most co-investors are willing to wait until the developer solves their problems and the property can be registered. But, if the “taffy” becomes protracted, apartment owners can influence the speed of resolution of the issue by filing a claim for recognition of ownership rights. The claim is filed in the court of general instance at the location of the object.

To begin with, you need to send a claim to the developer, the text of which contains a requirement to formalize ownership (or provide the necessary documents for this), and receive an official response. After which you need to certify the documents with your signature and send them to the court, paying a fee; the court is obliged to set a hearing date. According to Article 154 of the Code of Civil Procedure of the Russian Federation, the court must hold a hearing and make a decision within 2 months from the date of filing the application.

It is recommended that the apartment owner engage a qualified lawyer who will help quickly collect the necessary documents and prepare them properly. In most cases, the court makes a decision in favor of the plaintiff. Next, you need to take the court decision (after this decision comes into force), as well as documents from the BTI, and submit it to the registration authority. In this case, the owner of an apartment in a new building can count on receiving a certificate of ownership, regardless of whether the developer has solved his problems or not.

Conclusion

So, the site’s specialists have provided information sufficient for the reader to get an idea of ​​the legal processes that accompany the acquisition of housing by new owners. Each of the presented methods of registering property rights to an apartment must be considered in the context of the circumstances arising during the transfer of real estate.

The developer may have many objective and subjective reasons that make it difficult to register housing. However, this should in no way infringe on the rights of shareholders who have paid for the apartments in advance, since by accepting the obligation to build a house, the developer automatically assumes the obligation to solve all problems that arise at each stage.

The best option for registering an apartment may be to entrust this operation to a developer who has the necessary resources and experience, and if the process of obtaining the necessary documents is seriously delayed, then the fastest way is to register ownership through the court.