Rosreestr announced the cancellation of the certificate of state registration of property rights
In the Russian Federation, from July 15, 2016, they officially stopped issuing certificates registering ownership of real estate.
Rosreestr assured the population that the abolition of the issuance of certificates of registration of ownership of apartments and other real estate would make life easier for citizens, since supporting documents were not abolished - extracts remained.
However, the essence of the new additions and the principle of working with the issued documentation should be clarified.
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Registration of ownership of real estate
The abolition of certificates does not mean the abolition of the issuance of a document certifying the registered ownership.
Until the law came into force, citizens could choose whether to receive a certificate at the time of registration or simply.
From July 15, the document is provided in only one form, and it serves as a certificate of registration of the emergence and transfer of rights to real estate.
The fact that the certificate was abolished will not change the procedural sequence of state registration of rights, so applicants will not have any problems when applying for the service.
The owner will not need to require an extract every time a public authority requests it. Both civil services and local self-government must independently send a request to Rossreestr.
In accordance with the law, migration services, banks, insurance companies and notary offices are required to independently request and receive information from the USRR in Rosreestr. Therefore, to demand an extract from citizens, if it is necessary for the implementation of their own functions, the state body is not entitled.
The provision of services is a direct function of such institutions, the owner of the property is relieved of the need for a personal application to Rosreestr in order to establish his legal rights.
The essence of the changes and what will happen to the old testimonies?
Those certificates that the owners already have in their hands do not need to be changed to an extract, they do not lose their legality and are still valid. Now, at the end of the state registration procedure, an extract from the USRR will be issued.
To register, a person can submit documents for registration of ownership in electronic form or directly contact the office of the FKP, MFC or Rossreestr.
A new extract is a document that has a legally approved form, confirming that a certain person has a registered right to a specific property (from the date indicated in the extract and beyond), about which a registration entry is made in the USRR.
Citizens can receive the document both in electronic and paper interpretation.
There are differences between an extract certifying the registration of ownership of an object, and one that is additionally requested from Rosreestr when buying and selling real estate in order to prove the relevance of data about the object and owner.
The differences are as follows: a standard extract is publicly available, anyone can get information about the property of interest, it is enough to have a passport.
The certificate will contain information about the name of the owner, address, a full description of the property, information about the type of registered right, date and number of registration.
In addition, existing encumbrances will be listed, for example, a mortgage loan, arrest, and so on. But at the same time, there will be no information about the documents that served as the basis for registering these rights.
It is impossible to receive the service without the fact of paying the state duty.
Individuals pay - 2000 rubles, legal - 22000 rubles.
If the certificate was ordered through an online application, then the state duty for individuals is reduced by 50%.
We suggest that you learn more about the amount of payment of the state duty for obtaining an extract from the Unified State Register of Real Estate in the order on establishing a fee for providing information contained in the unified state register of real estate: Download.
Will the service life change? The abolition of the issuance of a paper certificate did not affect the change in terms.
They are still 10 working days, except in cases where the period for the provision of services can be legally extended or shortened.
As before, obtaining a public extract from the USRR is carried out at each office of the FKP, MFC, Rossreesr throughout the country and regardless of the location of the property.
The necessary information is requested via the Internet. But an extract confirming the ownership of real estate is issued only where this property is located.
What documents do you need to provide?
To receive the service, you need to submit an application and attach a package of documents to it. A complete list of documents can be found on the Rossreestr website.
To register the transfer of rights when selling real estate, you need to file:
- Applications from the buyer and the seller;
- Original contract of sale (2 copies);
- Identity card of the participants in the transaction;
- Other documents depending on the specifics of the registration procedure.
Ownership can be registered via the Internet, you need to fill out an online application and accompany it with attached documents (in electronic form).
Important: each document sent, and even an application, must be certified by personal electronic signatures.
For example, purchase and sale agreements are signed by all participants in the transaction.
Why is the innovation useful?
Lawyers regard such amendments as favorable, since the only evidence of registered rights can be considered solely a record of their registration in the register.
Of decisive importance in this matter will be contracts, acts issued by state bodies and confirming that it was on their basis that the property was received into ownership, as well as the rights to it registered in the USRR.
The degree of responsibility of realtors and lawyers confirming the transactions of citizens with real estate will remain the same. This extract for real estate transactions had to be provided earlier, but now this practice is enshrined at the legislative level.
The innovation is useful - ordinary citizens will be able to avoid mistakes by receiving information about the acquired property. Now any citizen has the right to request an extract on the right to real estate by simply submitting a request to Rossestr. You can at any time confirm the fact and period of stay, for example, an apartment in the property.
By canceling the certificate, the state guaranteed the legal rights of citizens. In addition, this step will further improve the interaction between departments and improve electronic document management, which helps to simplify the provision of various services to the population.
The confirmation statement, as before, is received by the copyright holder after registration of his own rights. In electronic or paper form.
The certificates will be replaced by an extract from the Unified State Register of Rights. The basis for the innovation was the amendments made to the Federal Law. We suggest you watch the video.
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