Registration and terms of registration of ownership of the apartment

When there is a situation associated with the purchase, sale, inheritance, housing exchange, etc., there are many organizational issues. What is needed for this? Where should I go? Which package of documents should be prepared? Especially a lot of questions from future owners, who for the first time deal with similar procedures. About how to issue and what are the terms of registration of ownership of the apartment, you can learn from this article.

To begin with, any real estate must be registered. This is the procedure provided by law, which confirms the transfer of the right to own, use and dispose (not in all cases) from one person (former owner) to another (the new owner). All such transactions are regulated by the relevant law and the Civil Code of the Russian Federation. The structure that conducts such procedures is Rosreestr. This is where you should go to get the right of ownership of the apartment.

Required documents

In order to obtain a certificate for an apartment, you need:

1. One of the documents that would confirm the identity of the party to the transaction.
2. A contract confirming the completion of a transaction for the purchase of an apartment.
3. Legal documents of the person who acts as a seller, and a certificate of registration of the property being sold.
4. Acceptance-transfer act.
5. The cadastral passport (is necessary in case of primary registration of an apartment or if there was a re-planning).
6. A document containing information about the people registered in the apartment.
7. Consent of the spouse for a real estate transaction, certified by a notary, or a statement that the seller is not married.
8. Certificate confirming payment of state duty.

What else can it take?

To obtain the documents for the ownership of the apartment, depending on various situations, it may be necessary to provide:

1. The mortgagee's permission to use (possession, disposal) real estate, if the apartment is in a mortgage or mortgage.
2. Notarial refusal of other heirs in case of inheritance of an apartment.
3. Power of Attorney, necessarily notarized, to the right to commit all actions, if they are carried out by a trustee.
4. Passport of the cultural heritage site, when the property is an architectural monument.
5. Written permission of an authorized officer of the guardianship authority, if the owner is an underage person.
6. Other documents.

State fee

It is established by the Tax Code of the Russian Federation and depends on the individual case.

Basically it is:

• 2000 rubles for citizens;
• 22000 rubles for legal entities.

The form of the receipt can be found in the network on the website of Rosreestr.

The order of registration and the terms of registration of ownership of the apartment

First of all, you need to collect the entire package of documents. And after that go to Rosreestr at the location of the apartment with treatment. You can also send documents by mail, via the Internet or use the services of the MFC.

The registrar accepts the submitted documents and the application from the participants in the transaction (usually drawn up on the spot by the registrar). Terms of registration of ownership of an apartment are ten days, for a mortgage - five, but not more than 3 months. However, the procedure can be suspended or denied if there are doubts about the authenticity or correctness of the compilation of certain documents. Although it is worth noting that such situations are extremely rare. Basically, all the differences can be resolved fairly quickly.

Registration in the ownership of primary housing

As a rule, the most affordable housing is currently represented in the primary market. In general, the acquisition of ownership of an apartment does not differ from the above scheme. And yet there are nuances.

You can entrust the registration of ownership of the apartment to a developer company. But in this case, the time for registration will be more. If the future owner decides to engage in registration independently, then you should ask the developer for all the necessary documents:

1. A document confirming the transfer of property under a contract of sale.
2. Copies of documents on putting the house into operation.
3. The contract of investment for the construction works.

In the event that the developer refuses to transfer documents or does not perform any actions, the issues should be settled in court.

Registration of ownership of an apartment taken into mortgage

When buying a house under a mortgage agreement, it is immediately registered with the owner, without waiting for the full repayment of the loan debt. The only nuance is the encumbrance, which is imposed on the apartment. Before the loan is repaid, the owner of the housing has restrictions on the disposal of real estate. This applies to any transactions. In the package of documents, it is necessary to include a mortgage on the apartment, which states that in case of non-payment of a debt, the collateral object becomes the property of the bank.

The final stage

After all the procedures have been passed, the owner is issued a certificate confirming the registration of ownership. In the people such a document is called "zelenka". In fact, evidence on green forms was issued long ago. Since early 2015, there is an updated form of this document: an ordinary white sheet with no means of protection in the form of, say, holograms. If there are several sheets, they are threaded, numbered, each is stamped with Rosreestr and the registrar's signature. After the document is received, it is necessary to carefully verify the data. In the event of an error or a typo, such a document is returned for correction. In accordance with the law, the terms of registration of ownership of the apartment after sending for correction of documents - no more than three days.

Information on existing and discontinued rights to real estate, characteristics of objects, data on rights holders are entered in the Unified State Register of Enterprises.