Real estate registration in a new way: how will it be? New Law on State Registration of Real Estate: what has changed.

The Law “On the Unified State Register of Real Estate” (USRN) came into force on January 1, 2017. Its main task is to combine real estate accounting and rights registration systems. Find out how the procedure for submitting documents and registering ownership of a property has changed in 2017.

✔ How the procedure for submitting documents for registration has changed

The procedure for state registration of rights and cadastral registration for applicants and right holders has not become more complicated. Registration of rights and cadastral registration of real estate is carried out in the same manner as before January 1, 2017.

The new law provides several ways to receive services: V electronic form , and also in person at the office Federal Cadastral Chamber of Rosreestr and the multifunctional center "My Documents". In addition, you can obtain documents under the new law remotely by courier delivery . To use this method, you need to make a special mark in the application at the time of submitting documents. In this case, the finished documents will be delivered to the property owner at any place and time convenient for him.

The changes affected the procedure for submitting documents for cadastral registration of real estate. If previously any person could submit an application for registration of a real estate property, now the new law establishes a list of persons based on whose applications real estate objects will be taken into account and the rights to them will be registered. Thus, according to the provisions of the law, an application in relation to a created (that is, constructed) property can be submitted by the owner or other right holder land plot, on which such a property is located.

Application for cadastral registration or state registration and necessary documents, as before, it will be possible to imagine:

In paper form - in person (to Rosreestr, through the MFC, at an on-site reception) or by mail (to Rosreestr);
- in the form of electronic documents - through a single portal of public services or the official website of Rosreestr.

According to the new law, only Rosreestr and its territorial bodies will carry out cadastral registration of real estate and register rights to it. Prior to this, state registration of rights to real estate and transactions with it was carried out by Rosreestr, and cadastral registration was carried out by the Cadastral Chamber of the constituent entities of the Russian Federation subordinate to it.

✔ What documents need to be collected to submit for registration of property rights

To carry out registration of rights and cadastral registration, you must submit an application and a package of documents. The list and form of required documents can be found on the Rosreestr website.

Sample list documents:

Application for registration of property rights (filled out by an employee of Rosreestr or MFC);
- Document basis for the transfer of ownership (Agreement of purchase and sale, gift, exchange, Court decision and others);
- Power of attorney for representatives (when submitting documents through representatives);
- Receipt for payment of state duty (2 thousand rubles for individuals, 22 thousand rubles for legal entities);
- According to the new law, Rosreestr independently requests constituent documents the legal entity that applied for registration of the object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.

The exact list of documents depends on the type and subjects of the transaction.

✔ Innovations in procedures for registration of rights and accounting

An innovation in the legislation is that citizens have the opportunity to submit one application for registration of rights and cadastral registration in relation to the same object. In this case, both actions will be performed simultaneously.

This is very convenient, especially in case land plots. For example, if the owner of a land plot does not sell it entirely, but certain part. Previously, in order to sell, he had to either sell a share in the right to a land plot, or first allocate a part of his plot (carry out land surveying, register it with cadastral registration), and after registering part of the land plot with cadastral registration and making changes to the Unified State Register, sell the resulting part land plot. Now it is enough to allocate a certain part of the land plot by surveying it, and, together with the prepared boundary plan and purchase and sale agreement, submit documents for registration of the transfer of rights and cadastral registration.

✔ Is it possible to submit documents for registration without registering the property with the cadastral register?

In accordance with the law, registering an object for cadastral registration is prerequisite to register ownership rights to it. Exceptional cases when it is permissible to register rights without registering an object for cadastral registration are determined by the law “On State Registration of Real Estate”. This happens in cases where a property, information about which is already contained in the Unified State Register, is sold, purchased, donated, or an encumbrance is placed (or removed) on it.

Cadastral registration without registration of rights is also possible in exceptional cases determined by law. For example, in connection with the termination of the existence of a real estate property, the rights to which are not registered in the Unified State Register of Real Estate (USRN), or in connection with a change in the basic characteristics of the real estate property.

✔ How long to wait from the moment of submitting documents - have the deadlines for registering property rights changed?

Service delivery times have been reduced. In the case of filing one application for registration of rights and cadastral registration, both actions are carried out simultaneously within 10 days. If the applicant applies for one of these services, then registration of rights will be carried out within no more than 7 days, and cadastral registration - no more than 5 days. If you contact the “My Documents” multifunctional center, the period for providing the service is extended by 2 days.

The new law also provides for a reduction in the time it takes to obtain an extract on a property. Information from the Unified State Register can be obtained within 3 days. The procedure for obtaining information from the Unified State Register of Real Estate does not differ from the existing procedure, that is, any interested person can request from it publicly available information about a property in a way convenient for him.

Photo from the site 4geo.ru

On January 1, 2017, a new law on state registration of real estate comes into force. It is expected that its norms will allow citizens and legal entities to register their property faster and easier. At first glance, this is indeed true: the time frame for registering rights and cadastral registration will be reduced by almost half, the registration itself can be carried out in any region, regardless of the location of the object, and some entries will be entered into the register automatically. However, practicing lawyers believe that difficulties may arise with the application of some of the new rules, and recommend registering rights and putting the object on the cadastral register according to the old rules - there is still time to do this.

Legal regulation

In fact, from January 1, 2017, relations regarding the registration of real estate will be regulated by three laws at once: the new law on state registration of real estate and the current laws on state registration of rights to real estate and transactions with it and on the state real estate cadastre (Part 4 of Article 72 of the new Law on State Registration of Real Estate). Director of Legal AffairsBIND Therapeutics Tatyana Sitnova recommends that you pay particular attention to the list of documents that are necessary for registration and accounting: “They differ slightly in different laws, but do not contradict each other - which means you will need to provide them all.”

Maintaining the Unified State Register of Real Estate

The Unified State Register of Rights to Real Estate and Transactions with It (USRP) and the State Real Estate Cadastre (GKN) will be merged into the Unified State Register of Real Estate (USRN). For these purposes, from federal budget it is planned to allocate 4851 million rubles. However, it happens that the information in the Unified State Register and the State Property Committee often do not coincide, for example, a Novosibirsk road with a lawn, trees and bushes was marked in the Unified State Register as a real estate object (see ""), and in Kemerovo a motor ship converted into a cafe was almost recognized as real estate (see " "). In order for the correct entry to appear in the new register, it makes sense to check the Unified State Register and the State Tax Code (and, if necessary, correct the data specified there) before the beginning of next year. At the same time, the Unified State Register will be maintained exclusively in electronic form. Rosreestr also does not issue “property papers” since July 15.

A year ago, the courts emphasized that “in the aggregate, the register entries must correspond to the title and other documents submitted for state registration, and the information specified in the certificate of state registration of rights must correspond to the entries in the register” (resolution of the First Arbitration Court of Appeal dated July 27, 2015 in case No. A39-5198/2013). Now it is possible that if something happens to an entry in the register, in the absence of a certificate, the owner may have difficulty proving the fact of registration of his rights. “To prevent this from happening, I would advise periodically requesting extracts from registers and keeping them with you. But be prepared to spend money - one paper extract about a property from the Unified State Register of Real Estate will cost at least 750 rubles for citizens, 2,200 rubles for legal entities ", - warns general manager company "YurPartner" Anton Tolmachev.

Reliability of information

The new law declares the principle of reliability of information contained in the Unified State Register of Real Estate. "However, in reality it turns out that we are talking only about the reliability of the data provided. If, for example, the register does not contain information about security zone engineering communications, water protection zone or other restrictions, this does not mean that they are not there. Accordingly, the price of such reliability is worthless,” states partner law firm Goltsblat BLP Vitaly Mozharovsky.

A year ago, the FSB proposed limiting third parties’ access to personal data of property owners. Although the Cabinet of Ministers froze this bill (see “”), Federal portal draft regulatory legal acts are still undergoing public discussions and independent anti-corruption expertise. “The coding of the names of high-ranking officials in the Unified State Register, which is not provided for by any laws, and persistent attempts to completely close information about the owners - well, what kind of reliability can we talk about here?” - asks Mozharovsky.

Indeed, since the end of 2015, the names of high-ranking officials began to disappear from existing registers. Thus, reports about this came from the Anti-Corruption Foundation and the Center for Anti-Corruption Research and Initiatives Transparency International. However, it is obvious: the record that this or that mansion belongs simply " to an individual" (and not to Ivan Ivanovich Ivanov), does not at all mean that he is a draw.

Real estate registration period

Today, registration of rights and cadastral registration take 10 working days, respectively (12 working days when submitting documents through the MFC). After the new law comes into force, the registration period will be reduced to seven working days (nine when submitting documents through the MFC), and the period for cadastral registration will be reduced to five working days (seven when submitting documents through the MFC). If registration of rights and cadastral registration take place simultaneously, then their total period will be 10 working days (12 working days - through the MFC). “This is, of course, good,” notes lawyer of the service "Document Constructor FreshDoc.ru" Alina Tukhvatullina. “But such efficiency might lead to mistakes by the registrar when conducting a legal examination of the transaction. Moreover, the burden on Rosreestr is only increasing,” the expert fears. To avoid this, she advises conducting last-minute transactions and registering previously arisen rights now. “The time frame for registering rights and conducting cadastral registration is constantly decreasing. But I always stand for one thing: let’s say, even if the period is not five days, but 10, but this period will be real. And it’s not like it says five days, but in reality the registrars use some kind of loopholes, and this period becomes different,” he said Head of Department of PJSC Gazprom Alexey Kharlamov.

Extraterritoriality

From January 1, 2017, citizens and legal entities will have the opportunity to submit documents to any branch of Rosreestr, regardless of where the property is located. This is very convenient for companies that have a huge number of premises and one head office, for example, in Moscow or St. Petersburg. “Everyone has been waiting for this innovation for a very long time. The only thing that is worrying is the flow of applications for registration of regional real estate in large cities - I’m afraid it could explode the technical and physical capabilities of registrars,” says Sitnova.

Commissioning of the facility

Current practice generally allows for obtaining permission to put into operation a newly created facility, even if the lease period for the land plot provided for the construction of this facility has expired. However, after January 1, 2017, this will become impossible - the new law explicitly states that commissioning must be carried out within the validity period of the relevant contract. But it will be possible to register the right to such an object after the end of the lease. “Taking into account that since last year, land legislation has significantly limited the terms and possibilities for extending lease agreements for construction purposes, developers should pay very close attention to this innovation. After all, now, within the lease period, it will be necessary not only to have time to actually complete the object, but also to leave it for authorized bodies have enough time to issue all permits,” warns senior lawyer of the Law Office "Egorov, Puginsky, Afanasiev and Partners" Anton Alekseev.

Record on the formation of a land plot

“If you are planning to purchase a land plot formed from lands or a land plot, the state ownership of which is not demarcated, when submitting an application for state cadastral registration after January 1, 2017, I recommend that you definitely attach an application for state registration of property rights to it,” advises Managing Partner of the Law Firm "Murashov, Yashin and Partners" Denis Murashov. The fact is that after the new law comes into force, when cadastral registration of land plots, by default an entry will be made that these plots are formed from lands or a land plot, the state ownership of which is not demarcated. This means that such land belongs to the state, but it has not yet been determined - to a municipality, region or Russian Federation. If this is not the case and the owner of the land in accordance with title documents is, for example, a legal entity, its rights may be violated. “In addition, before purchasing such a plot, be sure to ask on the basis of what documents the corresponding entry was made in the Unified State Register of Real Estate,” adds Murashov.

The new law on state registration of real estate, according to experts, has not only positive, but also very ambiguous norms. Thus, citizens should seriously think about: does it make sense to wait for it to come into force, or maybe it is better to quickly register their rights to real estate while the previous rules are still in effect?

State registration of real estate before and after January 1, 2017

Comparison object	Until January 1, 2017	After January 1, 2017
Regulation	Federal law dated July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it", Federal Law dated July 24, 2007 No. 221-FZ "On the state real estate cadastre"	Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it", Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre", Federal Law of July 13, 2015 No. 218- Federal Law "On State Registration of Real Estate"
Place of submission of documents for registration	Branch of Rosreestr at the location of the property	Any branch of Rosreestr, regardless of where the property is located
Real estate registration period	Registration of rights - 10 working days (when submitting documents through the MFC - 12 working days) Cadastral registration - 10 working days (when submitting documents through the MFC - 12 working days)	Registration of rights - seven working days (if submitting documents through the MFC nine working days) Cadastral registration - five working days (if submitting documents through the MFC, seven working days) With simultaneous registration of rights and cadastral registration - 10 working days (when submitting documents through the MFC 12 working days)
A state information resource that contains data on existing and terminated rights to real estate, copyright holders, the presence of encumbrances and other information	Unified State Register of Rights to Real Estate and Transactions with It (USRP), State Real Estate Cadastre (GKN)	Unified State Register of Real Estate (USRN)
Reliability of information	Not legally established	The principle of reliability of information contained in the Unified State Register is declared
Record on the formation of a land plot	Not legally regulated	When cadastral registration of land plots, by default an entry will be made that these plots are formed from lands or a land plot, state ownership of which is not demarcated
Commissioning of a newly created facility at the end of the lease period for the land plot provided for the construction of this facility	Not regulated by law, but in practice it is allowed	Prohibited by Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”

On January 1, 2017, Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate” (hereinafter referred to as the Law) comes into force, with the exception of individual provisions, for which other deadlines are provided. Cadastral registration of real estate and state registration of rights to it will be combined into unified system accounting and registration.

The material presents the main changes in the Law under consideration in comparison with the current Law on the Real Estate Cadastre and the Law on Registration of Rights to Real Estate. New Law does not contain provisions on invalidating these laws or introducing amendments to them. We believe that this issue will be resolved further before the Law comes into force.

1. A new real estate register will appear

The Unified State Register of Real Estate (hereinafter referred to as the Unified State Register of Real Estate) will be formed, which will combine the information currently contained in the real estate cadastre and the Unified State Register.
The Unified State Register of Real Estate will include, in particular, a register of real estate (real estate cadastre), a register of rights, their restrictions and encumbrances on real estate (register of real estate rights), as well as a register of boundaries. Information about the boundaries is currently contained in the real estate cadastre.
The Unified State Register will be maintained electronically. The exception will be registry cases. In them, on paper, simple documents will be stored. in writing and applications submitted in paper form, as well as documents the originals of which are not available in other government bodies, bodies local government and archives.
Currently, the real estate cadastre and the Unified State Register are maintained on electronic and paper media, with the latter having priority.

2. Real estate objects that are subject to

cadastral registration and rights to which are registered
According to the new Law, information about a single real estate complex and an enterprise as a property complex will be entered into the real estate cadastre.
In accordance with the Law on the Real Estate Cadastre, information about such complexes is not entered into the cadastre. At the same time, the rights to them must be registered (which is impossible without registration in the cadastre), so they are taken into account as structures. In addition, when accounting for a single real estate complex, all real estate objects that are part of it can be taken into account.
Registration of a single real estate complex and state registration of rights to it will be carried out in the following cases:
- completion of construction of real estate projects, project documentation which envisages their operation as such a complex;
- association, at the request of the owner, of registered and registered real estate objects that have a single purpose and are inextricably linked physically or technologically or are located on the same land plot.
It will be possible to register ownership of an enterprise as a property complex only after registration and state registration of rights to each object that is part of it.
As for subsoil plots, according to the Law on the Real Estate Cadastre, they are not taken into account in the cadastre. The new Law excluded them from the list of real estate objects, the rights to which are currently subject to state registration.

3. Register real estate and carry out state registration

Rosreestr will have rights to it

According to the new Law, only Rosreestr and its territorial bodies (hereinafter collectively referred to as Rosreestr) must carry out cadastral registration of real estate and register rights to it. These powers cannot be transferred to subordinate institutions. Currently, state registration of rights to real estate and transactions with it is carried out by Rosreestr, and cadastral registration is carried out by the Cadastral Chamber of the constituent entities of the Russian Federation subordinate to it.

4. Cadastral registration of objects and state registration of rights will be
carried out both simultaneously and separately

4.1. When accounting and state registration are carried out simultaneously

As now, register rights to real estate according to general rule It will be impossible if they are not taken into account in the real estate cadastre.
According to the new Law, if information about a property is not in the Unified State Register of Real Estate, its registration in the cadastre and state registration of rights will be carried out simultaneously. Exceptions will be situations when cadastral registration can be carried out without simultaneous state registration and vice versa. Currently, the simultaneous implementation of accounting and state registration is not provided.
Accounting and state registration will be carried out simultaneously in the following cases:
- creation of a real estate property (except for situations where cadastral registration can be carried out without simultaneous state registration of rights);
- formation of a real estate object (except for the case of seizure of a land plot or real estate located on it for state and municipal needs);
- termination of the existence of a real estate property, the rights to which are registered in the Unified State Register of Real Estate;
- formation or termination of the existence of a part of the object, which is subject to restrictions on the rights and encumbrances of the object, subject to state registration.

4.2. When accounting and state registration are carried out separately

The law establishes cases when rights to real estate, information about which is available in the Unified State Register of Real Estate, will be registered without carrying out simultaneous cadastral registration. These include, for example, state registration of the transfer of ownership, confirmation of previously arisen rights.
The Law also defines exceptional situations in which cadastral registration is carried out without simultaneous state registration of rights to real estate. Such accounting is possible, in particular, in the following cases:
- creation of a real estate facility on the basis of a permit to put a capital construction facility into operation, which is presented by a state authority, local government or the Rosatom corporation in the manner of interdepartmental interaction;
- termination of the existence of an object, the rights to which are not registered in the Unified State Register of Real Estate;
- change in the main characteristics of the object.

5. The rules for filing an application for cadastral registration have been changed
real estate accounting and state registration of rights

The new Law establishes a list of persons, according to whose applications real estate objects will be taken into account and rights to them will be registered. Who exactly can submit documents depends on how accounting and state registration are carried out - simultaneously or separately.
Thus, according to the provisions of the Law, an application in relation to a created (i.e. constructed) property can be submitted by:
- the owner or other legal holder of the land plot on which such a property is located - while simultaneously carrying out accounting and state registration;
- a state authority, local government or Rosatom corporation that issued a permit to put a capital construction project into operation - when registered in the cadastre without simultaneous state registration.
Currently, any person can submit an application to register such a property.
An application for cadastral registration or state registration and the necessary documents, as now, can be submitted:
- in paper form - in person (to Rosreestr, through the MFC, at an on-site reception) or by mail (to Rosreestr);
- in the form of electronic documents - through a single portal of public services or the official website of Rosreestr.
The innovation of the Law is that when applying in person (except for cases of on-site reception), the place where the application and documents are submitted will not depend on the location of the property. In other words, you can contact (send documents by mail) to any department of Rosreestr or submit documents in person through any MFC. The list of these divisions and MFCs will be provided on the Rosreestr website.
Today, an application for cadastral registration is submitted at the location of the property within the cadastral district, and an application for state registration of rights, as a general rule, is submitted at the location of the property within the registration district. This provision was previously contained in the Law on State Registration of Real Estate Rights, but was declared invalid. Despite this, in practice, the application and documents are also submitted at the location of the property.

5.1. The requirement for the mandatory submission of constituent documents of a legal entity has been canceled

According to the new Law, Rosreestr independently requests the constituent documents of the legal entity that has applied for registration of the object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.
Today, a legal entity is required to present the organization’s constituent documents (copies thereof) when conducting state registration of rights. Their provision is not required only if they were submitted earlier and no changes were made to them.

5.2. Installed the only case refusal to accept documents

Acceptance of documents will be refused if the identity of the applicant who directly applied for the documents is not established (for example, a passport is not presented).
Refusal to accept documents is not provided for in the current Law on the Real Estate Cadastre, and in accordance with the Law on State Registration of Rights to Real Estate is prohibited.

5.3. Cases in which documents are returned without consideration have been clarified

The Law clarifies the list of grounds for returning an application and documents without consideration. These include, in particular:
- discrepancy between the format of the application and documents submitted electronically and the established format;
- the presence in the application and documents presented in paper form of erasures, additions, strikeouts and other unspecified corrections, including those made in pencil, as well as the presence of damage that does not allow an unambiguous interpretation of their contents;
- absence of the applicant’s signature in the application for cadastral registration of the object or state registration of rights.
Currently, an application for state registration of rights can be returned, including:
- if in the State information system regarding state and municipal payments, there is no information on the payment of the state duty and no document has been submitted confirming its payment;
- in the Unified State Register there is an entry about the impossibility of registering a transfer, restriction of rights and encumbrances of real estate without the personal participation of the owner or his legal representative.
The specified grounds are also included in the new Law, while the period for lack of information on payment of state duty is specified - five days from the date of filing the application.

6. The total period for cadastral registration has been reduced
and state registration of rights

According to the new Law, the general period for registering a property in the cadastre and state registration of rights has been reduced.
When submitting documents to Rosreestr, it will be:
- 5 working days - for cadastral registration;
- 10 working days - in case of simultaneous registration and state registration;
- 7 working days - for state registration of rights.
If documents are submitted through the MFC, then the deadlines for cadastral registration and state registration of rights will increase by two working days.
Currently, the total period for both registration of a property in the cadastre and state registration of rights to it is 10 working days for each procedure. When submitting documents simultaneously for cadastral registration and state registration, the period for state registration of rights is calculated from the day the information is entered into the real estate cadastre, i.e. maximum term is 20 working days.

6.1. When will state registration of a mortgage take place?

The new Law retains only the period (5 working days) established for state registration of residential mortgages.
Consequently, state registration of mortgages of land plots, buildings, structures, non-residential premises will be carried out within a general period of time (7 working days) subject to the submission of documents to Rosreestr. However, it will be reduced to five working days if state registration is carried out on the basis of a notarized mortgage agreement or a notarized agreement that gives rise to a mortgage by force of law (for example, an agreement for the purchase and sale of real estate using bank credit funds).
Today, the period for state registration of mortgages of land plots, buildings, structures, non-residential premises is 15 working days, and mortgages of residential premises - 5 working days.

7. The grounds for suspension of cadastral registration have been clarified

accounting and state registration by decision of the state registrar

The new Law contains detailed list grounds on which cadastral registration and state registration may be suspended. Compared to valid grounds, this list has been significantly expanded (51 bases are listed).
According to the current Law on State Registration of Rights to Real Estate, the reasons for suspension, in particular, are the state registrar’s doubts about the existence of grounds for state registration of rights, about the authenticity of documents or the reliability of the information contained in them.
The grounds for suspension listed in the new Law determined the limits of the legal examination, which is carried out only to determine the presence or absence of grounds for suspension or refusal of cadastral registration or state registration of rights. Consequently, if the specified grounds are absent, cadastral registration and (or) state registration of rights cannot be suspended.
If during the suspension period the reasons that served as the basis for the suspension are not eliminated, cadastral registration and state registration will be denied.

7.1. The periods for which registration and state registration are suspended have been increased

The new Law established longer periods for suspending state registration. The period for suspending cadastral registration has not changed. At the same time, a period for its suspension is provided in a declarative manner.
Thus, the terms for suspending registration of objects and state registration will be:
- three months - by decision of the state registrar (with the exception of certain grounds for which other suspension periods are provided);
- six months - at the initiative of the applicant. At the same time, the Law clarifies that, upon application, suspension is possible only once.
Currently, state registration of rights by decision of the state registrar can be suspended for one month, and at the initiative of the applicant - for three months.

8. A certificate of state registration of rights will not be issued.

According to the new Law, cadastral registration, state registration of the emergence and transfer of rights will be confirmed by an extract from the Unified State Register, and state registration of an agreement or other transaction will be confirmed by a special registration inscription on the document expressing the content of the transaction. The new Law does not provide for certification of registration and state registration of rights with a certificate.
At the moment, state registration of rights is certified, among other things, by a certificate of state registration of rights, which is issued in the form of a paper document.

9. Cadastral registration and state registration can be carried out
without the participation of the copyright holder

The law provides that information will be entered into the Unified State Register, including through interdepartmental cooperation. The obligation to send documents necessary for accounting and state registration in this order is established for state authorities, local governments, courts and notaries when they make decisions (acts). For example:
- state authorities and local governments must send documents if they have made a decision to approve the results of the state cadastral valuation of real estate, establish or change the permitted use of a land plot, assign it to a certain category of land, or transfer a land plot from one category of land to another;
- FMS of Russia - information about changes in information about an individual;
- Federal Tax Service of Russia - information on changes in information about organizations and individual entrepreneurs;
- courts or authorized bodies that imposed the arrest - a certified copy of such an act;
- notaries - information about the issuance of a certificate of inheritance.
Upon receipt of documents (the information contained in them), in the manner of interdepartmental interaction, Rosreestr enters information on their basis into the Unified State Register of Real Estate (except for cases where it is impossible to enter them) and notifies the copyright holder of the entry.

10. Who is responsible for what during implementation
cadastral registration and state registration

According to the Law, responsibility for actions (inaction) during cadastral registration and state registration is distributed between Rosreestr, the state registrar and other persons.
Thus, the state registrar is responsible for the discrepancy between the information entered into the Unified State Register of Real Estate and the information contained in the submitted documents (with the exception of data entered from other information resources), for unjustified suspension and refusal of cadastral registration or state registration of rights or evasion of their implementation.
Rosreestr is responsible for the improper execution of its powers, including the loss and distortion of information contained in the Unified State Register of Real Estate, the completeness and accuracy of the information provided, and the illegal refusal of cadastral registration or state registration of rights established by a court decision that has entered into legal force. At the same time, there are cases when Rosreestr has the right of recourse against bodies and persons through whose fault violations were committed.

11. The conditions for payment of compensation for loss have been clarified
rights to housing

Compensation for living quarters is the only thing suitable for permanent residence- is paid once to the owner, who, for reasons beyond his control, does not have the right to claim it from a bona fide purchaser, as well as to the bona fide purchaser from whom it was claimed. According to the Law, the condition for its payment is the impossibility of obtaining compensation from third parties established by a court decision that has entered into legal force, due to the termination of collection under a writ of execution, for example, in connection with making an entry on the exclusion of the debtor organization from the Unified State Register of Legal Entities.
The provision of the Law on compensation for loss of rights registered in the Unified State Register comes into force on January 1, 2020.

As of 2017, a new law regulating the registration of real estate comes into force. The innovations will create a unified mechanism within which cadastral registration and state registration of rights will be carried out. As a result, a mechanism will be launched to simplify the process of registering property.

New law on real estate registration in 2017

As part of the new law, the Unified State Register of Real Estate (USRN) is being created. This register will combine information from the real estate cadastre and the Unified State Register of Real Estate Rights. As a result, the Unified State Register will include:

cadastre and cadastral maps;
register of rights, books of account and register files;
register of boundaries (including areas that have special uses);

The functions of registering rights and corresponding accounting of objects are assigned to representatives of Rosreestr. At the same time, the innovations provide for the simultaneous completion of all procedures, which greatly simplifies the process.

You can submit documents to complete the required procedure in two forms:

Paper - in person or by mail to the Rosreestr authorities; using the services of a multifunctional center; to an authorized person.
Electronic - through the Rosreestr website or the corresponding government services portal.

The register will be maintained primarily in electronic form, which will increase the protection and safety of information. Previously entered data will not be deleted; all versions of changes and edits to the registries will be stored in the Unified State Register. This rule also applies to registry matters. The register in non-electronic form is only possible in special cases– documents were submitted in paper form, while representatives of government agencies do not have the originals.

An extract from the Unified State Register of Real Estate will confirm cadastral registration or state registration of the transfer of rights. In this case, the corresponding inscription on the document will indicate the registration of the agreement. The new law does not provide for an additional certificate that confirms cadastral registration or state registration.

Additional benefits

Legislators have provided a mechanism for interdepartmental interactions, which will minimize the participation of the copyright holder. Changes to the register that are carried out by force of law (including judicial acts) will take place without additional notice. Information to Rosreestr will come from the relevant department.

The new law allows you to submit information when applying in person without reference to the location of the object. Anyone wishing to undergo state registration procedures will be able to contact a convenient department of Rosreestr or IFC.

Another change was a two-fold reduction in the time limit for completing all necessary procedures. Within 5 working days after submitting documents, cadastral registration will be carried out; a similar period is provided for state registration of rights. This period will be increased by 2 working days. days to obtain the cadastre and for 4 working hours. day for state registration of rights, if the information is submitted not directly, but with the help of a multifunctional center. It is possible to carry out two processes simultaneously, with a total completion time of 10 working days. days (12 working days in case of registration through the MFC). Deadline registration does not depend on the form of submission of documents.

The law clarifies the responsibility of Rosreestr if an error was made or registration was illegally denied. At the same time, Rosreestr will be able to issue a recourse if another body is to blame for this situation.

In addition, the new law describes the conditions for one-time compensation to the owner of the property, who, for objective reasons, cannot claim it from a bona fide purchaser. This payment will be financed from the federal budget and cannot exceed 1 million rubles.

Innovations in the law on real estate registration in 2017

Since 2017, they have been introduced significant changes into the process of real estate registration, which is reflected in the new law. As a result, a USRN is created that will combine information on cadastre registration and the register of property rights. Innovations will simplify the registration process:

The time frame for registration and receipt of the cadastre is halved.
You can submit the required documents in paper or electronic form. At the same time, it is not necessary to be tied to the location (subject to personal contact), which makes submitting information more convenient.
Interactions between various departments will make it possible to make changes to judicial acts without notification from the copyright holder.
The responsibility of Rosreestr in the event of errors or illegal refusal of registration has been clarified.
Information is not deleted from the USRN database.

As a result, real estate registration will take place according to a simplified procedure, and it will become more accessible to more people who want to use this mechanism.

New rules for registering real estate from 01/01/2017 are established by the Law “On State Registration of Real Estate” dated 07/13/2015 No. 218-FZ (hereinafter referred to as Law No. 218-FZ), designed to replace the Law “On State Registration of Rights to Real Estate...” dated 21.07. 1997 No. 122-FZ (hereinafter referred to as Law No. 122-FZ). Let's look at the innovations in more detail.

Changes that came into force in 2016

We entered 2016 with changes to the state registration of real estate established by the Law “On Amendments to Certain Legislative Acts” dated December 29, 2015 No. 391-FZ. This law supplemented the then-current Law No. 122-FZ with the following cases of mandatory notarization of transactions:

on the sale of a share in the right of common ownership to a third party (clause 1, article 24);
sale of land share (clause 3 of article 24.1);
sale of real estate under conditions of guardianship or trust management, as well as property of minors and incompetents (clause 2 of article 30).

New rules for registering real estate in force in 2016

In mid-2016, a number of other changes occurred:

The Law “On Amendments...” dated June 2, 2016 No. 172-FZ expanded the range of transactions on the alienation of common ownership of real estate that require notarization. This included all such transactions, including transactions on the sale of their shares by all property participants under one transaction.
The Law “On Amendments...” dated July 3, 2016 No. 351-FZ abolished notarized registration of transactions for the sale of land shares.

Thus, we entered 2017 with the mandatory participation of a notary:

in the sale of shares in common property (clause 1, article 42 of law No. 218-FZ);
sale of real estate under conditions of guardianship or trust management, as well as property of minors and incompetents (clause 2 of article 54 of law No. 218-FZ).

Another innovation of 2016 was the abolition of state registration certificates of rights (Law “On Amendments...” dated July 3, 2016 No. 360-FZ, which came into force on July 15, 2016). Now state registration of rights is confirmed by an extract from the register of rights. The same provision is contained in Art. 28 of Law No. 218-FZ.

Changes in state registration of real estate since 2017

Law No. 218-FZ made many changes to the existing state registration procedure. Let’s systematize and consider the innovations in more detail. So, the new procedure for registering real estate provides for such innovations as:

creation of a new USRE, combining the previously existing USRE and State Property Committee;
the possibility of simultaneous registration of a real estate property with cadastral registration and registration of rights to it;
changing the procedure for submitting documents for state registration;
reducing the time required for registration actions;
recognition of parking spaces as real estate;
changing the grounds and timing of suspension of state registration;
emergence of grounds for refusal to accept documents;
increase in state duty for issuing extracts and copies of documents from the register.

Let's look at each of the innovations in detail.

Unified State Register of Real Estate

USRN is a collection of reliable and systematized information:

about registered real estate objects;
recorded rights to such property;
the grounds for the emergence of such rights;
owners and other rights holders of property.

This definition of the Unified State Register is given in Part 2 of Art. 1 of Law No. 218-FZ.

In addition to the fact that this register combines the Unified State Register and the State Property Committee, several more innovations have been introduced:

The register is maintained in electronic form (except for register files that contain written documents of the applicant).
The register of boundaries has been expanded. In particular, boundaries of forest areas, gambling zones, hunting grounds, etc. will be added.
The concept of a duty cadastral map has been introduced. Such cards are intended exclusively for internal use by Rosreestr employees. Unlike public ones, they contain boundaries and numbers of parts of land plots, buildings and structures.

New procedure for registration and registration of real estate

Law No. 218-FZ introduced significant changes to the procedure for submitting documents:

An obligation has been introduced for the registration authority to independently request tax office constituent documents legal entity- the applicant (clause 9 of article 18 of law No. 218-FZ).
It has become possible to send documents through an authorized person of the registration authority during an on-site reception, and at the end of the registration process they can be delivered by a courier, however, these services are paid (clause 1 of Article 18, clauses 19, 20 of Article 29).
An application for state registration can be submitted to any division of the registration authority or MFC, regardless of where the property is located (clause 2 of Article 18).
The procedure for state registration of rights arising from an act of a government agency has been simplified (the body that adopted the act independently sends documents for registration no later than 5 working days from the moment the right or encumbrance arises (clause 2 of Article 19).
Only 1 original document providing the basis for the emergence of rights on paper is submitted for registration. The second copy remains with the applicant and is not returned after registration, as was before (clause 5 of article 18).
When submitting documents by mail, except notarization signatures on the application must be certified by a notary, the power of attorney and the transaction itself (clause 12, article 18).

Law No. 175-FZ dated July 1, 2018 introduced amendments to Law No. 218-FZ. They simplify the registration of newly created objects under shared construction agreements: now there is no need to attach a project declaration, as well as a construction permit, to the application for cadastral registration and registration. For the purposes of Rosreestr, both documents are taken from the unified housing construction information system.

Deadlines for registration actions

Let us recall that Law No. 122-FZ contained the same period for registering objects for cadastral registration and state registration of ownership rights - 10 working days (hereinafter - w.d.).

From January 1, 2017, Law No. 218-FZ provides the following deadlines for registration actions:

Registration of a property for cadastral registration is carried out within 5 rubles. d. when submitting an application directly to the registration authority and 7 rubles. d. when applying through the MFC;
State registration of property rights - within 7 and 9 rubles. d. accordingly;
simultaneous completion of 2 listed actions will take 10 and 12 rubles. d.

The deadlines for state registration of rights based on notarized transactions will remain the same - 3 rubles. d. or 1 rub. d. subject to sending documents by a notary in electronic form. Submitting such documents through the MFC will increase the period to 5 rubles. d.

Registration of parking spaces

The Law “On Amendments...” dated July 3, 2016 No. 315-FZ introduced the concept of “car space” into the Civil Code of the Russian Federation. The parking space is now included in the list of real estate. To acquire the status of real estate subject to state registration, it must meet the following criteria:

intended for parking a car;
be located in a building;
be not limited or partially limited by the building structure;
have clearly defined boundaries.

Previously, it was possible to legalize a parking space only in the form of a share in the right of common shared ownership, which caused such difficulties during the sale as:

need to comply preemptive right co-owners, i.e. the opportunity to sell to a third party arose after 1 month from the date of the written offer to sell the parking space to other owners (clause 2 of Article 250 of the Civil Code of the Russian Federation);
the need for mandatory registration of such a transaction by a notary (Clause 1, Article 24 of Law No. 122-FZ).

Clause 3 art. 6 of Law No. 315-FZ dated 07/03/2016 establishes that for the allocation in kind and state registration of ownership of a parking space, it is necessary to submit a document drawn up by the co-owners, establishing the procedure for using real estate, which is in common shared ownership.

Innovations in refusal and suspension of state registration

In the rules governing the refusal of state registration and its suspension, we highlight the following changes:

there is only 1 reason for refusing to accept documents - failure by the person personally submitting the application for state registration to provide an identification document (Clause 15, Article 18 of Law No. 218-FZ);
there is 1 reason for refusal of state registration - failure to eliminate the reasons that served as the reason for suspension (Article 27 of Law No. 218-FZ);
60 grounds for suspension of registration actions have been identified (clause 1, article 26 of law No. 218-FZ);
the suspension periods have increased from 1 month at the initiative of the registrar and 3 at the initiative of the applicant to 3 and 6 months, respectively (clause 2 of article 26, clause 1 of article 30 of law No. 218-FZ).

State duty

The state fee for registration actions has not changed. You can learn about its size from our article State duty when selling an apartment. The fee for issuing extracts from the register and copies of documents has increased significantly:

The state duty for the most frequently used extract from the Unified State Register of Real Estate on paper containing publicly available information is 750 rubles for individuals and 2,200 rubles for legal entities. An electronic document will cost 300 rubles. and 600 rub. respectively;
The state fee for an extract from the Unified State Register on paper confirming the incapacity of the copyright holder is 950 rubles. in electronic form - 400 rubles;
The state duty for a copy of a document contained in the registration file and expressing the content of the transaction is 300 instead of the previous 100 rubles.

These are the main changes in real estate registration that have occurred recently. It seems that they were not the last. It is worth noting that the process of state registration of real estate is becoming easier and faster.