Registration of ownership of an apartment in a new building: terms, documents

Transactions on the acquisition of real estate in new buildings are the most safe for today. However, after the conclusion of the contract and the payment of the fee, the buyer is not yet considered a full-fledged master. Why? It turns out that it is necessary to formalize the ownership of an apartment in a new building. What subtleties is important to know? Read more about this.

Where to begin?

Disposal of an apartment in a new building to the full extent the buyer can only in the event that a certificate of ownership is issued. However, before drawing up this document, a construction company must conduct a number of activities.

Before the transfer of a new building into operation, a protocol of distribution of residential and non-residential (commercial) real estate should be drawn up. It is also necessary to compile technical passports for all premises. If it is a transaction in the secondary market, the seller of the apartment is preparing the documentation. If it comes to new housing, the responsibility falls entirely on the developer.

After receiving the technical passports, the construction company submits the documents to the local architecture and construction department, where the transfer certificates are issued to it. Permission to put houses into operation can be obtained only in the administration of the village. The final stage is the registration of houses in the state register and the assignment of the address.

Order of procedure

Registration of ownership of an apartment in a new building can be conditionally divided into 7 stages:

1. The buyer specifies which branch of the registration chamber should be contacted.
2. Preparation and collection of documents (also it is possible to receive consultation of the employee of a regalata concerning the list of papers and terms of their granting).
3. Payment of state duty.
4. Putting in line the registration authority for filing documents.
5. Submission of documents to the registration service on the appointed day.
6. If a notification arrives that the registration registration has stopped, you should study it carefully, and then prepare and bring additional documents to the branch of the service.
7. The final stage is getting a certificate.

Required documents

The State Registration Service must provide documents to pass registration of ownership of the apartment in a new building. The documents will need the following:

• Contract for the purchase of an apartment,
• Civil passport and its notarized copy,
• A statement on the form of the established form,
• Transfer act for housing,
• Plan of the apartment,
• explication,
• Receipt of payment of state duty ,
• The permission of the guardianship authorities, if the co-owners are minors,
• Notarized power of attorney (if the representative of the buyer is involved in the transaction).

All documentation is provided to the service in two copies. The handwriting should be clear and legible. Abbreviations, blots, corrections, erasures are not allowed. Records should be performed with a pen.

The package of documents should be sewn, on each page there should be its number and the seal of the organization.

What is required from the developer

Real estate in new buildings is considered the most accessible for Russians, rather than secondary housing. Therefore, the registration of ownership of an apartment in a new building is one of the topical issues. The legal purity and speed of this process depends on the quality of the preparation of documentation necessary for registration.

The Registration Chamber requests the following securities:

• The act of transferring to an apartment,
• Copies of documents on the commissioning of a new house and the results of a state commission,
• Investment agreement and acts confirming its implementation.

How to submit documents

Both the developer and the buyer can submit documents for the registration of ownership of the apartment in a new building. It is not so difficult to do this on your own. You can submit documents in several ways:

• Personally apply to Rosreestr (you must have a passport);
• Mail (you need a signature and a copy of all pages of the citizen's passport of the applicant);
• In multifunctional centers (passport of the applicant is required),
• By e-mail (qualified digital signature of the applicant must be present on each document).

After the package of documents is received by the service, the applicant will receive an appropriate notification and receipt.

Obtaining evidence

Registration of ownership of an apartment in a new building at the final stage requires obtaining an appropriate certificate. It is issued as a result of a successful procedure. Upon receipt, you should carefully check the document for errors and mistakes. The name and initials of the owner, as well as an inventory of the immovable property, require special attention. When identifying inconsistencies and errors, the certificate must be returned to the state registration service for amendments.

Registration of ownership of an apartment in a new building (documents): mortgage

Often, buying an apartment is carried out in a mortgage. Registration of ownership of an apartment in a new building for a mortgage passes according to a standard scheme. The package of documents is no different from the one required for ordinary registration of a right. However, the encumbrance that is imposed on the real property object is also taken into account. While the mortgage will not be repaid in full, the owner is not a full owner of the apartment. Real estate transactions are possible only after obtaining consent from the bank, which issued loans. Restrictions apply to the sale of housing, as well as its renting.

Reasons for failure

Quite often, applicants are denied registration services in the registration of ownership. Causes are:

• Submission of incomplete package of documents,
• Violations in the design,
• Restrictions related to the inability to dispose of immovable property,
• Falsification of papers.

If a decision was made to refuse, the service sends a notification to the applicant in the shortest possible time. This document must indicate the reason for the refusal. If all identified deficiencies are eliminated, a re-submission of documents is possible. It is also possible to register the ownership of an apartment in a new building through a court when the applicant does not agree with the reason for the refusal.

Possible difficulties

To become a full owner of an apartment in a new house, the buyer must wait for the completion of the construction process, as well as the execution of all documents for the registration of property rights. However, in practice, bona fide buyers often face situations in which the right of ownership has not been drawn up for a long time in the houses constructed and leased . Until the certificate is received, the buyer can not give, resell the apartment and register in it. The propiska solves many problems related to employment, medical care, registration of children in school, registration of vehicles, appeals to various municipal and state services. Unregistered housing can not be issued as collateral for a loan.

Another serious problem related to the lack of registration is a decrease in the period of ownership of property. According to Russian tax legislation, when selling real estate, the seller is exempt from income tax if the property has been in possession for more than 3 years. This period is considered from the moment of obtaining the right of ownership.

Also, additional costs associated with the payment of a mortgage are possible. Typically, credit institutions increase the mortgage rate for housing under construction by 1-2% compared to the finished one. The rate increase compensates banks for the risks associated with the sale of housing under construction, if the borrower is unable to repay the debt. As a rule, after the delivery of an apartment house, banks lower the initial mortgage rate. Thus, you can reduce the amount of overpayment. While the ownership of the housing is not formalized, the owner can not apply for the payment of utility bills.

Timing

Special attention of registration authorities deserves registration of ownership of an apartment in a new building. Terms of consideration of the application are not less than 1 calendar month. During this time, the specialists of the service conduct a thorough check of all pages of documents. Apartments in the new building also require the study of papers relating to the fact of building a house in the DDU, the distribution of apartments between potential owners. At the end of this period, a corresponding entry is made in the state register.

A rather complicated process is the registration of the right of ownership of an apartment in a new building. Deadlines for review of documentation may exceed 1 month. The reason for this can serve as various conflict situations between the construction company and bona fide buyers. It often happens that the local administration and construction company deliberately delay the process of transfer of housing to the buyer in a legal possession. In such cases, the buyer can apply to the court.

Evasion of registration rights

Transactions relating to the conduct of various real estate transactions are subject to mandatory entry into the unified state register. Nevertheless, many developers believe that the purchase contract is a title deed. However, do not hurry to issue a certificate. Such developers after receiving money evade the application to the Rosreestr. Therefore, the buyer does not have the opportunity to formalize housing in accordance with a generally accepted procedure. If the construction company shirks the application to the registration service, ownership can be registered in court.

Registration of ownership of an apartment in a new building: documents in court

If the conscientious buyer understands that the developer or the local administration does not cope with the performance of their duties or do it untimely, he can apply to the court. The law in this case is on the buyer's side.

It is necessary to file a statement of claim to begin the registration of the right of ownership of an apartment in a new building. Documents on the court are required as follows:

• A contract confirming the fact of buying an apartment in a newly built house,
• A transcript or temporary order,
• Receipts and checks confirming the fact of payment under the contract,
• Documents confirming the operation of housing,
• A loan agreement, if the property was purchased under a mortgage,
• A copy of the citizen's passport of the buyer.

Based on this package of documents, the court recognizes the ownership of the buyer regardless of the position of the developer in this regard. Claims can be both collective and individual.

Thus, the most important moment in the acquisition of real estate is the registration of ownership of an apartment in a new building. Documents, terms of consideration of the application are determined by the legislation. In some cases, the process of registration can take place in court.