How is the procedure for placing an apartment in the property in the new building? Where to order registration of ownership of an apartment? What time frame is the design of the apartment?

Good afternoon, dear readers of the journal "Khitirbobor"! Valery Cheaquin welcomes you - a legal consultant.

You bought an apartment in the newly built home, but do not know how to register it? Nothing wrong. In this article, we will share together, how to place an apartment in the new building.

At the end of the article, I will review several companies providing services in this area.

1. What is the features of the design of an apartment in a new building?

The construction of apartment buildings is most often produced by the developer not only for their own money, but also at the expense of shareholders who have made a fee for future apartments during the construction period. With such shareholders, the construction organization concludes contracts for which the apartment passes into their property after the construction of the house.

Contracts provide the right to enjoy housing. However, they can be disposed of only after the design of the apartment in the new building to the property. Such a procedure is possible only after building entry commissioned.

This is where the main problem lies. The developer has little to build a house, you still need to go through many approvals and inspections of the technical condition of the house before it receives permission to transfer property rights.

After that, it will be necessary to book a floor plan and explication in the BTI. And only then you can do. Read the essence of the concept in our special article.

Currently, due to the imperfection of legislation, there are cases when the house surrenders without cadastral accounting of apartments and premises in it. With such a situation, the shareholders face the inability to arrange an apartment in the property until it is put on cadastral records.

Meanwhile, without ownership is impossible:

1. Get permanent registration in the apartment;
2. Order measurements of BTI in case of disagreement with the measurement of the developer;
3. Participate in the creation of HOA;
4. Get a tax deduction;
5. Use the maternity capital (if the transfer time is missing, JP requires a certificate of ownership, in other cases it is not necessary);
6. Get the absolute defense of your right to an apartment in the event of a bankruptcy of the developer. (With the unformed right of ownership, it is possible to protect your interests, but it will be necessary to declare your requirements in the course of the Bank, which will consider the arbitration court).

So it turns out that in order to register your right to an apartment, the shareholder is forced to either wait until the developer will put the house and all the premises in it for accounting (it takes from 6 months to 3 years), or may try to put your apartment on cadastral accounting Separately from the house (no negative consequences entails). Consider the latest procedure in more detail:

1. I started checking how things are with cadastral accounting.

How to find out if the property is worth the real estate in cadastral accounting?

We will tell you what to draw attention to the registration of ownership of an apartment in a new building - how to make documents correctly and how to bypass underwater stones.

When you can issue ownership

If the house is already built, and you were given the key from the apartment, this does not mean that it can be issued. It happens that people live in the built house, but have no right to housing.Registration of ownership of an apartment in a new building It is possible only if the developer performs a number of actions, namely:

📝 will make a protocol on the distribution of residential and commercial real estate

📝 Get to the Bureau of Technical Inventory - BTI - a technical passport for a house indicating the storeinations, layouts, general metraris and a separate element of each room

📝 Get in the Department of Architecture and Urban Planning Permission to commission the house

📝 Put a residential building in Rosreestre on cadastral records and will receive the cadastral passport of the object

📝 Assign a new building a separate postal address

Check before buying, entereddeveloper house commissioned and whether all the necessary documents have selected. If aaccommodation just built, but not decorated properly, it is better to choose another real estate or wait until the developer finishes the procedure.

If you buy an apartment in an already built, but not decorated house, you may face a problem: sometimes getting a technical suggestion, registration and commissioning takes more than 2 years and forced to participate in legal proceedings.

Registration of new buildings in ownership Alone: \u200b\u200bStep-by-step instructions

Getting ownershipat the acquired accommodation can be divided into two stages: registration of the necessary documents and directly registering the right of ownership. Let's consider in detail each of them.

Registration of documents required for registration

Before contacting government agencies with a request to recognize the ownership of the apartment for you, prepare a full package of legal papers. Here are documents for registration of ownership of the new building:

📄 Participation Agreement in Share Construction

📄

📄 Loan agreement (credit agreement) if you buy housing in the mortgage

📄 Permission of guardianship organs, if the property or share is issued on a minor

Under the Treaty of Participation in Share Construction, one party (developer) undertakes to the agreement provided for by the agreement on its own and (or) with the involvement of other persons to build (create a multi-apartment building and (or) another property of real estate and after receiving permission to commission these objects The appropriate object of shared construction by the participant of shared construction, and the other party (participant in shared construction) undertakes to pay the price due to the contract and adopt the object of equity construction in the presence of a permit for commissioning an apartment building and (or) of another real estate object

Act of receiving an apartment Get from the developer. It is subscribed at the purchase stage or separately, according to the buyer's application. Contact the developer and write an application for a transfer act. You will appoint a meeting time with a company representative. In his presence, you carefully inspect housing, appreciate the finishing work, check the operation of the water pipeline and the heating system. If everything is satisfied, sign an act.

Cadastral passport with plan scheme, or explication, get in BTI. Previously, developers in the formulation of an object on cadastral registration issued a plan of the whole house, and it was necessary to put apartments on cadastral records separately. Now they are already worthwhile: everything you need is to contact BTI and get a passport and plan scheme. Technician will come to you, the planning will be planned with the initial construction plan and will take measurements of the premises. If everything is fine, give a passport and plan scheme.

If you managed to make a redevelopment or real parameters do not correspond to the construction plan, the change will need to be bonded in the BTI.

Loan agreement (loan agreement) Get in a bank who issued a loan. Usually get it when signing: one copy remains at the bank, one goes out. If you have lost the contract or did not receive it, contact a bank with a passport. An employee will issue the necessarydocument . If a mortgage or loan is already repaid, it will take a mortgage. You can also get it in the bank.

Resolution of guardianship organsget in local custody bodies. It is usually issued for 14 days after the day of submission of the application. To get permission, fill out the application and indicate the reason for the appeal. Attach the passport of parents or guardians to the application, the child's birth certificate and the act of receiving the apartment obtained earlier from the developer.

Registration of ownership of an apartment in a new building Three ways

After receiving the above documents, you need to collect a complete package of documents that requires Rosreestr - some papers you received earlier, when signing the contract of sale.

The standard package includes:

✔ passport of a citizen of the Russian Federation or birth certificate, if the owner or one of the owners under 14 years old, or other identity documents - a temporary certificate in form №2p, a refugee certificate and other

✔ Agreement confirming ownership of housing:contract of sale or equity participation in construction, original with two additional copies

✔ Act of admission and transfer of an apartment, signed at a meeting with a representative of the developer

✔ Cadastral passport Apartment with Explication

✔ Confirmation of the state fee - receipt on paper

✔ Loan agreement (Credit agreement)(mortgage) or permission of custody organs, if housing was bought in a mortgage or one of the owners under 14

✔ Notarized power of attorney if the owner acts through a trustee

State duty can be paid later after submitting an application forrecognition of ownership of new building. It is paid in the bank, ATM, the checkout of the registering organization or online, through the sitePublic service

You can apply for the design of ownership in three different ways:

📌 via MFC. The multifunctional center receives documents, checks them on errors, stitches, draws up properly and sends to check in Rosreestr. Most often, the deadline for obtaining a certificate of registration of ownership increases for 2 days. But MFC informs about each stage of consideration of the application of SMS messages, which is quite comfortable.

📌 through public services. This is an online service in which you can start design without leaving home. It can pay a state fee and apply. When submitting a statement, you will redirect you to the Rosreestra site - be prepared to provide information about real estate and the applicant, as well as attach a scan copy of all the necessary documents. After the online application is adopted, you will be prescribed time to visit Rosreestra and providing document originals: that is, in any case, you will have to visit the state authority. With the further registration of registration through the state services you will need the EDS - electronic digital signature.

📌 Through Rosreestre. You will need to independently fill out the application and properly sew documents. The procedure will be rapidly compared to the design of the MFC, but there may be problems with free time for visits - often recording is occupied for several weeks ahead. By the way, it is no longer necessary to go to the Rosreestra department related to the area in which you bought housing. According toamendments to №218 FZ , You can apply in any separation of the Rosreestra.

After the representatives of the IFC or Rosreestra have received documents from you, they will issue a receipt. It will indicate a list of accepted documents and the readiness of the documents, as well as the contact number. It will be possible to learn about the readiness of the property registration certificate. To do this, you need to specify the case number - it is located in the upper right corner of the receipt.

On average decoration property rights takes about 18 days. Documents may be prepared before, but often the procedure is delayed. It can be lined if the documents will find errors, or they will cause suspicions, and Rosreestra employees will additionally check the authenticity of papers.

After the extract from the USRP confirming the right of ownership will be ready, you will be invited to receive it. If the owners are several, the evidence will also be several. To obtain a document, you need to provide a receipt that you have received earlier and passports of the owner or all owners. Remember that now instead of a "green testimony" issue a regular statement: it is an equivalent guideline document.

Two more ways to issue ownership

Register an apartment in the property in a new building You can with the help of specialists: the developer itself and the real estate agency.

🖊 Registrationthrough the developer It is possible if you bought an apartment for DTU: Agreement of equity participation. In this case, representatives of the Developer's company themselves draw up documents required from them, collect the remaining papers from residents and issue extracts from EGRN after a while. They act by proxy. Mass decoration can be occupied, so make sure that the contract for the transfer of rights to execution was prescribed a penalty for violation of the time frame. Then the developer will try to issue a document on the property faster, and if it does not have time to decrease, the penalty will pay.

🖊 Registration through the real estate agency - Easy, comfortable and profitable. Representatives of the agency can work by proxy, fully taking over all design, or without it - in this case you will need a personal presence in Russia and signatures on most documents. Real estate agencies are fully responsible for their work, so they make out the right of ownership quickly and without fatal errors, adjustments, inaccuracies.

What to do if the developer does not give out documents

Unfortunately, not everyone is lucky with developers. Some may deliberately deceive buyers, speaking that all legal documents are obtained. And some can delay the issuance of documents that depend on them: for example, an act of acceptance-transfer of housing. In these cases, obtaining property rights of real estate can delay indefinitely. But there are situations where the developer is not to blame - he is trying to introduce the house into operation, and government agencies detain the issuance of the necessary acts, evidence and other papers. In any case, those who bought accommodation are suffering because they cannot register the right of ownership.

In this case, you need to go to court. But it turns out a vicious circle: to ask to recognize the right of ownership in court, you need to provide the same documents that does not produce the developer. They are needed to confirm your property ownership of real estate. Repeble lawyers will be able to get them - better contact them, otherwise the error price may be too high.

Lawyers will prepare a claim - better if several buyers will be served him. Collective claims in most cases are ends with a positive decision of the court - buyers receive ownership of real estate. Lawyers will collect the necessary documents and will present your interests in court, and also in every way they will help that the court rose to your side.

Is it possible not to hurry with the design of the ownership of an apartment in a new building

Legislatively do not oblige us to urgently register the ownership of the acquired real estate. In fact, you can do this in a month, two, three or six months after the purchase. However, the sooner you receive an extract from EGRN, the better. It will allow you:

✏ register in the apartment yourself and register in it members of your family, which can be very important for the design of other documents

✏ Conduct a number of real estate transactions - for example, sell, pass, pass, exchange or leave inheritance

✏ Procilize a preferential three-year period that exempted from paying NDFLs, or to receive compensation in the amount of 13% of the cost of housing

✏ Subscribe subsidies and benefits to pay housing and communal services available to certain categories of citizens.

✏ Allocate the area for minors, for example, when used to buy maternal capital

What underwater stones are when buying an apartment in the new building and the design of ownership of it

Stage of construction. Buying an apartment in a unfinished house is more profitable than in the commissioned building - such square meters are cheaper. However, it is necessary to take into account the reputation of the developer and the stage of construction before giving money. If you buy housing even at the stage of arrangement of a pit or filling the foundation, the construction process, and therefore - and the design of property can be delayed for many years. Therefore, it is better to buy real estate in the finished, commissioned, house, or in the building at the final stages of construction - for example, without external and interior decoration.

Form of the contract. You can buy real estate according to the standard contractpurchase sale either under the contract of equity in construction. The second option is preferable because it:

✅ ensures that one and the same apartment will not be sold to different persons, that is, you will only be the owner

✅ protects against problems with the design of a land plot on which the house is erected

✅ Allows the developer to independently execute the ownership of buyers, which minimizes your time costs.

Accreditation of new buildings in a bank. This is important for those who are going to take a mortgage to buy an apartment. If a new building or developer is not accredited in any bank, it will be extremely problematic to get a loan. Therefore, check whether the developer is a partner of credit institutions - this can be done either on the official website of the company's company itself, or on the official websites of banks.

Apartment is not ready. If you want to issue the right of ownership, it will be necessary to sign the act of acceptance and transfer of real estate. By signing it, you agree that the condition of housing suits you, and after signing the developer will not hold finishing work. If something in the apartment is not ready, but you want to register the right of ownership, it is necessary to specify all the necessary disadvantages in the act and get a document-obligation from the developer in which it will confirm defects and commit them to eliminate them. Then you make the ownership and get ready-made housing - the developer will be obliged to finalize it.

When several owners become one. If you bought An apartment in equal shares or was a contract of equity participation at once on several owners, just such an accommodation will not work on one owner. In the contract of sale can be issued a gift on the one who becomes the owner. Under the contract of equity participation - to register a contract for the assignment of rights and responsibilities for DTU in favor of one owner.

Last update February 2019

Getting keys from a new apartment is the most exciting and joyful moment in life. And getting keys from the apartment in a new building is a double joy, because the long-awaited. But you should not forget that you can only become a full owner after the design of the apartment in the property is to register it in the relevant authorities.

To do this, the developer must be completed certain conditions and the corresponding package of documents has been prepared.

Conditions for registration

In order to get the opportunity to register your right to an apartment in a newly built home, it is necessary to comply with several conditions. Namely, the developer must be performed necessary actions.

• Drawing up a protocol on the distribution of residential and commercial real estate in a newly built house. Often, not only residential apartments are provided in high spirits, but also areas for shops, offices and other premises are not prevalent.
• Receipt of technical passports in the Bureau of Technical Inventory on the erected house. It indicates the strokes, layout, the general and each room separately.

It happens that the planned square meters after construction do not match - apartments or the house as a whole are more or less in metrariam, and such issues have to be solved individually (to pay extra charge or return the paid surplus to buyers).

Documents for registration

In general, there may be two options for decoration of the apartment in the property:

• in general, when the developer contributes to the design of property;
• in court, if the developer or prevents or inactive in the collection of the necessary documents and the design of property rights.

If the developer does not provide documents?

In the event that the developer does not surrender the house, does not transfer the apartment to the shareholder and the term of housing under the contract of participation in construction expired, then the apartment buyer can:

• Pre-trial decision dispute - At the beginning of the developer, a properly decorated complaint (private or collective - one or several shareholders) is sent. After receiving failure, you can contact the court directly.
• Appeal to the court - the reasons for the impossibility of registration of property in view of the guilt of the developer are indicated. Basically, the court becomes on the side of the shareholders and, as a rule, the developers are not at all against the permission of the problem in this way.

Judicial practice is such that solutions are often made in favor of shareholders, and, in the hands of a court decision, one can arrange housing in a new building in their personal property. Followed by:

• prepare a package of necessary documents
• the apartment is put on cadastral record
• registration of ownership in the regulation

Preparation of a package of documents

From whether all the necessary documents are collected, whether they are issued with a legal and grammatical point of view, it depends, whether your apartment will be put on registration record or will refuse you to register.

The actions that need to be produced:

Sign an Act Admission-Transfer Apartment (or Transmitter Act)

This is the most joyful, but at the same time, the most responsible moment. Before you take an apartment in a new building, it is necessary to inspect it in the presence of a representative of the developer, if possible, measure, test the operation of the water supply system and the heating system, the electrical tailor, evaluate the finishing works (if they are specified in the contract of equity construction), etc. . After inspection and accept the apartment you subscribe a transmitter act, and you get keys from it in your hands.

Get on the apartment cadastral passport with a plan scheme (or explication)

With recently, the apartment of each shareholder is put on cadastral records of the developer simultaneously with the inventory on the cadastre. Therefore, the duty to take into account the apartment in the cadastral at the shareholder disappeared. However, if the construction company does not carry out cadastral records, it can be done. To do this, in BTI, the technical plan of the apartment is ordered. After in the cadastral organ, in addition to the application and technical plan, it will be necessary to provide a transmission act and a share agreement (or other document, on the basis of which you are a buyer of housing in the house under construction), as well as pay the state duty. Unauthorized redevelopment will have to coordinate additionally.

Provide a mortgage or loan agreement (credit)

These documents will be needed if the purchase of an apartment in a new building is made at the expense of funds received on credit, or by mortgage. The mortgage is issued on the hands of the borrower after repayment of the mortgage (credit), so most often the representative of the Bank (or another credit organization) is present at the register of ownership.

Get the permission of the guardianship

It is necessary when the apartment or its part is issued to the property of a minor citizen. It is possible to get it possible for two weeks after writing a statement indicating the reason for the appeal. In addition to the application, documents will be required: parental passport, child birth certificate, an act of receiving an apartment, a share agreement of participation in construction (or other agreement with the developer).

Registration of property rights

In the procedure for registration of ownership of housing in a new building, the participation of one shareholder is sufficient. Often, the shareholders trust the developer to prepare documents and register ownership of the apartment. But we are considering the option when the shareholder registers its right to housing in a new building independently.

Prepare a package of documents

• passports of the personality of all alleged owners (on minors - birth certificate)
• documents when buying from the developer is a contract with a construction company, on the basis of which you purchased housing (share construction, investment, co-investment or other document), with all further concluded agreements
• act of reception and transfer of residential premises
• cadastral passport and apartment plan - at least information about the cadastre in Russia is available and the provision of these documents is not obligatory, yet it is better to submit them to not have problems when registering
• mortgage and loan agreement (credit) if the housing is acquired in a mortgage or funds received on credit
• permission from guardianship bodies, if one of the future owners did not achieve the majority,
• notarized power of attorney, if the interests of future owners presents a third party
• act of receiving the transfer of the object of equity construction. It is provided in two genuine copies (one remains in Rosreestre, the other is returned to the applicant)
• a copy of the commissioning of the house, certified by the seal of the developer. In fact, the developer independently after 10 days from the date of receipt of permission provides it to the Rossrester. But without looking at it, many registrars require such permission from the shareholder.
• other documents if necessary

Where to turn to all future owners of the apartment?

• Registration Chamber
• MFC - the deadline for receiving finished documents may be a little delayed, since after accepting they are sent to the registration chamber and are checked there.

All documents are provided in the original form with their copies. The procedure for receiving and issuing documents and in MFC, and in the regulation occurs equally.

Side Property Regulations

The application is drawn up in the computer version and is printed by an employee of the registering organization. It indicates the passport details of future owners, specifications and address of the apartment being drawn up, the list of documents received from the applicant. Signed by all applicants after verifying the correctness of the specified data.

Pay a state duty

In 2015, its size is 2000 rubles. You can pay this amount in the bank, through an ATM or in the cashier of the registering organization. If there are several future owners of residential premises, then the amount of state duty will be divided between them equally.

Check documents by a registering authority

Making advocating all the necessary documents, the correctness of their design, checking the presence when registering all owners, a representative of the developer company (and if necessary, the credit institution issued a mortgage loan), the recorder together with the signed statement will take the originals of the above documents (except for passports).

• On the hands of the owners will be given a receipt indicating the list of documents received from it and the estimated period of readiness of documents.
• Checking documents and procedure for property registration takes about 18 days. This time will be able to delay depending on the various circumstances (several owners, mortgage, submitting an application to MFC, etc.).
• The telephone indicates the phone where you can find out the readiness of documents, calling the case of the case located in the upper right corner.

Obtaining a certificate of ownership of housing

It is issued to each owner after the passport and receipt. The registrar will also return the rest of the original documents (a contract with the developer, a transmitter act, mortgage, etc.).

It is useful to know: the documents for the ownership of property is better to submit after any distance in an apartment building to issue property. Since the first shareholder usually there are problems of the technical plan.

Do not postpone register

Even if you have already signed a transmission act, got the keys and drove into a new apartment, you are not yet the owner. Do not delay ownership from registration, it creates certain difficulties.

• Inability to register at the place of residence. And as a result of this, employment problems, receiving a place for children in kindergarten or school, the provision of medical care, etc.
• It is impossible to make any deal with new housing - make a sale, donation, token, rent, etc ..
• The payment of personal income tax increases In the case of selling such an apartment during the first three years of ownership of it. This period will begin to be counted only since the place of housing in the property.
• It will not be possible to issue benefits and subsidies.put on some categories of citizens when paying utilities.
• Impossibility to implement maternal capital - The Pension Fund requires a provision of a certificate of ownership of an object acquired by maternity capital.

And these are not the only difficulties that may arise if the ownership of an apartment-new building will not be registered properly. If this happens due to the fault of the developer - you should contact the court.

Purchase in the new building - "Underwater stones"

Acquisition of residential premises in an apartment building, which is not yet built, the case is quite risky. Therefore, before concluding a contract with the developer, it is necessary to thoroughly think about everything and weigh all the "for" and "against".

What you need to know when buying an apartment in a new building?

• Buy an apartment only with a reliable developer. Check how many facilities have already been built and commissioned by the selected construction company, what are the quality and deadlines for construction.
• The degree of readiness of the house under construction. It is not worth buying an apartment in the house, from which there is only the foundation and the construction movement moves slow pace.
• Accreditation of new buildings in the bank. When buying an apartment in a mortgage, it is important to know whether you will give you at least one credit organization a mortgage loan for its acquisition from this developer.
• What an agreement proposes to conclude developer. The most profitable option for the buyer is a contract of equity in construction. Only he guarantees protection against the sale of one apartment to various persons or from problems with the design of the land plot on which the house is erected.
• Rate the location of the object. It is better if there is a developed infrastructure nearby - shops, school, kindergarten, hospital, parking, playground, etc. often developers promise all these benefits in the future, but not always it is true.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions for several days. However, carefully read all the answers to the article, if there is a detailed answer to such a question, then your question will not be published.

74 comments

Registration of ownership of the apartment is an important procedure that is necessary for the design of the transfer of ownership of this residential premises.

In order for the registration to go fast, without any difficulties, you need to immediately collect a complete set of documents necessary for registration, and provide them with the territorial registering authority at the location of the apartment.

In accordance with the norms of Russian legislation, the following documents are required for the registration procedure:

1. Written application for the registration of the transfer of ownershipwhich is served by both parties to the transaction. As a rule, such a statement is the staff of the registering authority, and persons registering ownership of the apartment only sign it.

If the ownership (or the right of economic management) of the seller (or donor, or another owner) of the apartment appeared until January 1, 1999 and was not registered with the USRP, the registering authority additionally provides an application for registering the right of the seller and the guidelines.

2. Passports or other documents certifying the identity of the parties to the transactionwho served the basis of the transfer of ownership of an apartment. If a trustee is an entrusted one or both sides of the contract, you need to additionally submit a notarized power of attorney to confirm its powers.

3. Document (receipt) on the payment of state duty For state registration. Until March 1, 2013, the duty for registration of the contract of sale was additionally paid. Since March of this year, the registration of the contract itself is canceled, so only the right of ownership is registered.

4. Treaty of purchase and sale, an apartment donation agreement or a certificate of inheritance, or another treaty, on the basis of which the apartment passes to the new owner, as well as the signed act of acceptance and transfer of an alienated apartment (if available). Usually, all contracts are provided at least two (genuine) copies.

The document, on the basis of which the applicant had the ownership of the registered apartment, is one of the most important documents necessary for state registration. Depending on the specifics of a particular transaction, this may be:

• contract of sale of an apartment;
• dear agreement;
• certificate of the right of inheritance in the will or by law issued by a notary;
• contract of equity participation from the developer;
• construction investment agreement;
• rent agreement;
• mena agreement;
• judicial decision on recognition of the right to an apartment;
• decree of the local governance on the provision of an apartment;
• other documents, on the basis of which the registered ownership arises.

5. Short-standing documentwhich confirms the presence of the previously acquired ownership of the seller (or other owner of the apartment) for residential premises. As a rule, this confirmation document is a registration certificate.

6. Technical Description of the Property Object. Currently, the technical description of the apartment is contained in the cadastral passport. The cadastral passport on the apartment is drawn up by the owner in BTI at the location of the transmitted apartment. As a rule, receiving a cadastral passport takes a certain time, but it is possible to urgently design this document.

If the cadastral passport issued by the BTI was previously filed to the registering authority, then the EGRP should already have technical information about the apartment. In this case, the repeated submission of the cadastral passport is not needed.

Submitting documents for registration of ownership, the applicant should pay attention to the fact that the technical description of the apartment in the cadastral passport and the purchase and sale agreement (or another document-foundation) must fully coincide.

7. Extract from the house bookwhich reflects information about all the persons prescribed in the apartment, with the mandatory fill in all graph. It should be borne in mind that an extract from the house book is considered a valid long, so it needs to be requested directly before submitting documents to the registration authority, when all other necessary documents are already collected.

The discharge requires information about temporarily absent citizens prescribed in the apartment and preserving the right to use this apartment.

8. Help for the absence from the seller of debt on utility payments. This certificate of the apartment owner can get in the office of the management company that carries out the service of the house in which the apartment is located.

9. When selling an apartment owned by a minor citizen, is additionally required to provide in the registration authority permission of the custody and guardianship.

10. If the apartment has been redeveloped, must be provided document that legalizing redevelopment.

11. Notarized consent of the spouse Seller (or other owner) Apartments for sale (alienation) of an apartment. The notarious consent of the spouse is not required if the apartment is not a joint property (for example, if the apartment belonged to one of the spouses before marriage or was acquired in order of donation, inheritance or by other gratuitous transactions).

In addition to these documents, other documents may be required to register other documents, depending on the basis of the transfer of ownership of the apartment and other nuances of the transaction.

• If one of the parties is a legal entity, it is necessary to submit authorized documents of a legal entity.
• In the case of the sale of the share of apartments, the Seller must submit documents confirming that he fulfilled the requirements of the legislation on the provision of the preemptive share of the share of the share of other owners of this property. It may be either a written refusal of equity owners from buying an alienated share, or a document that confirms the written notification of all owners to sell the share of the apartment with its price and other terms of sale.
• If the apartment was in the mortgage, then the written consent of the pledgee for the realization of the transaction with the apartment.

In some cases, other documents may be required for registration, the list of which can be found in the registering authority.

Comments (59)

Igor Genin | 2014/06/28.

There is no list of documents required when registering an apartment obtained in accordance with Articles 52 and 55 of the Housing Code of Ukraine when the apartment is released in the house built by the department, the family of his former. An employee who lives in the house in order to improve the housing conditions and standing in the quarter at the place of work.
Is the joint decision of the administration of the Ministry and the Central Committee of the trade union of this ministry, a joint decision of the Ministry of the Ministry of Agriculture (to watch the clarification of the Plenum of the Supreme Court of Ukraine dated June 26, 2001 (Housing Law, paragraph 11), the technical passport of the apartment, or need any other documents?

admin | 2014/07/05

Hello Igor. The list of documentation required for registration of the apartment is better to clarify in a specific territorial registering body, which is located at the location of your apartment, because sometimes requirements in different regions are different. If in the end it turns out that you still do not have any mandatory guidelines, and the registration authority will refuse to conduct state registration, you can issue a property in court, and then re-apply for the registration of rights.

Alexander | 2014/10/22

In 1996, we bought an apartment, the process of purchase - sales took place on the commodity exchange. After that, it was the position that these transactions are considered insignificant and the court decision establishing the right of ownership is considered. Tell me what documents on to submit to court to consider this issue.

admin | 2014/10/29

Hello, Alexander! In order to recognize the ownership of your apartment in court, you need to go to court at the location of your apartment with a statement of claim for recognition of ownership. To the court, along with a statement, you will need to provide a sales contract itself, a certificate from the house management, as well as other evidence (both written and testimony) confirming the actual finding in your property of this apartment. As the judicial practice of Ukraine shows, the courts in most cases satisfy the stated requirements. Good luck!

Irina | 2015/03/05

Hello, I want to buy an apartment in a new building, the one who sells has not registered the right of ownership. Half value for maternity capital. What documents are needed to acquire?

admin | 2015/03/16.

Hello Irina! If the seller has not yet issued the ownership of the apartment and is a participant in equity construction, then you will acquire an apartment. Thus, you will need an agreement to assign the right of claim, and in the future, to obtain a certificate of ownership of the right of ownership, you will need a cadastral passport and a technical plan for an apartment.

Natalia | 2015/05/15.

Apartment in a new building taken into a mortgage.
Tell me some documents are needed for the state registration of this apartment in the property ???

admin | 2015/05/23

Hello, Natalia! To register a mortgage apartment, you need to provide a statement from the buyer and the seller (or their representative), documents on the apartment (Floor plan, an extract from the house book, etc.), sales contract and also a collateral, which is issued in the event of registration Apartments acquired with the involvement of borrowed funds (mortgage).

Elsa | 2015/05/24

If I am alone, I am a member of the Participation Agreement, the contract is registered (not yet married), it is expected that the object will be charged in six months. I plan to get married next month. In this regard, I want to clarify - when I register the ownership of the apartment, will the spouse be able to claim this property in the event of a divorce?

admin | 2015/06/01

Hello Elsa! In this case, the spouse of the right to the section of the apartment will not have, since the fact of the occurrence of you for this apartment was registered before marriage.

Svetlana Smolyansk | 2015/05/25

Hello! The daughter was inherited by the will after the death of her husband and the village and the village (Zem.uchastok and the house) I only have a married 1 / 2DD to the country house. What documents are needed for the state. Registration of property rights in the order of inheritance. Can I proxy everything to arrange ownership of the daughter without her? Thank you!

admin | 2015/06/01

Hello Svetlana Smolyansk! For registration of property rights, you need the following documents: a statement of state registration, a passport, a certificate of inheritance, a receipt for the payment of state duty. It is possible to arrange the right to ownership of attorney only if the power of attorney is certified by the notary.

Elena | 2015/06/18.

Good afternoon, bought an apartment in a new building. There is a contract for participation in the share of construction-1 copy, the act of receiving the transfer of the object of equity construction-2 copies., And the cadastral passport. That's right, I realized that I needed another technical passport, no such,? Statement, receipt for the payment of state duty? for the privatization of the apartment?

admin | 2015/06/30

Hello, Elena! Technical passport You can arrange at the moment when you have the need for its design (sale of apartments, redevelopment etc.). As for privatization, if you purchased an apartment in the property by buying and selling, there can be no speech about the privatization.

Anton | 2015/07/20.

If the seller presented a donation agreement or certificate of inheritance as a guide, a certificate from the tax inspectorate may be required, confirming the payment of the appropriate tax.

If we make a property in another city. Payment of tax at the place of registration of an apartment?

admin | 2015/07/29

Hello Anton! The tax on the property of citizens is calculated by the tax authority at the location of the property (registration) of property, but the payment of payment is directed at the place of residence of the taxpayer.

Olga | 2015/07/22

Hello! I have 1/3 of the apartment and 1/3 shareholders have 2 of my sisters. We decided to make a purchase and sale of an apartment: My husband buys 1/3 of the share at my sisters, so the entire apartment will be owned by our family. The transaction will be carried out at the expense of cash and mat. Capital. Do I need to prescribe which shares in the contract to get every member of the family (the husband is the buyer, wife, son, daughter) or a lot of things can be allocated later? Do I need to take the benefits of the advantage of the priority right of purchase, if the transaction is carried out by one contract: 2 seller and 1 buyer? What other pitfalls can be? Thank you.

admin | 2015/07/29

Hello Olga! When buying on maternal capital, the pension fund obliges to issue acquired housing on all family members or immediately, either for six months after the transaction in the presence of a notarized commitment, that is, it will be easier for you to immediately distinguish the shares to all family members directly at the conclusion of the purchase agreement - Sale. As for the refusal of the preemptive right of purchase, it is recommended to obtain such refusals in writing to clean the transaction from each of your sisters.

Inkognito | 2015/10/19.

Hello, such a question. I am the owner of the apartment, in which I and two minor children are prescribed. I received an apartment inheritance, is it possible to be the owner of two apartments at once? And if not, what options can be?

admin | 2015/10/27.

Hello Inkognito! The current legislation does not limit the law of a citizen to the number of real estate owned by him. Thus, you may have in the property at the same time as two apartments and more.

Galina | 2015/11/05

Good afternoon, please tell me which documents need for decoration of the apartment in the registration chamber, there is a certificate of inheritance on the end of the testament

admin | 2015/11/15

Hello Galina! You will need to provide an application for state registration of rights (you can fill in a model in Russia), the receipt of the payment of the state duty for registration, a copy of your passport and the certificate of the right to inheritance.

Anna | 2015/12/05

Good evening! When selling apartments, I was discharged. Now I want to purchase a new apartment. When you pass the documents to the registration chamber to register the right of ownership, I have no registration in my passport. Is this an obstacle to registration?

admin | 2015/12/14.

Hello Anna! This circumstance will not be an obstacle to the obstacle.

Mikhail | 2015/12/10.

Hello. Tell me please order. The apartment is bought by DD, act of ditch acceptance on hand. In the apartment made re-planning how to issue the right to attach? The passport can immediately have a rewriter apartment to register?

admin | 2015/12/22.

Hello Michael! If you have all the documents confirming the legality of the redevelopment, you can immediately submit documents to state registration of ownership.

Elena | 2016/01/23

hello, in 1994 the apartment was bought (there was a contract of sale, decorated for me) at that time was married, in 1999 divorced, changed the name (maiden), the division of property was made without trial, I got the apartment. In 2014 I got married again and took the surname of my husband. Avivelism about the state registration on the right of ownership has never received. Now I want to get it to make a gift for my daughter from the first marriage. Tell me what documents are needed for this?

admin | 2016/02/02.

Hello, Elena! To do this, you need to apply for the Office of Rosreestra or MFC (Multifunctional Center for the Provision of State and Municipal Services). In addition to the application, it is necessary to provide a receipt for the payment of the state fee for registration, the sale and purchase agreement, documents certifying the identity of the applicant, technical documentation for the apartment (technical plan and cadastral passport).

Lada | 2016/03/16.

Good day! Tell me, please: I purchased an apartment in a new building, there are still construction, there are 3 floors. I paid the full cost, I concluded an agreement with the housing department: I was given a signed agreement about paying for mutual contributions, membership of membership in the housing system, a certificate about the payment of a share contribution. Tell me, what documents should I give me a housing department after the introduction of the house and what are my further actions? And should I register something at the notary? Thank you

admin | 2016/03/24

Hello Lada! You do not need to contact the notary. You will need to get a cadastral passport, since this document is mandatory for registration of ownership. Prepare documents (receipt of payment of state duty, an act of acceptance and transfer of an apartment, a contract of equity); bring originals and copies of documents to the local management of Rosreestra or in a multifunctional center; Wait for registration certificate (by law 18 days in Russia, 22 days in MFC, in practice - up to one and a half months).

Marina | 2016/05/13

Hello! In 1995, the purchase of the sale of our apartment for children in equal shares was issued. What documents are needed in order for them to issue ownership.

admin | 2016/05/23.

Hello Marina! To register the transfer of ownership of residential premises, it is necessary to provide the following documents: a receipt for the payment of state duty, a document certifying the person, a statement, sales contract, technical documentation for an apartment (technical plan and cadastral passport), an extract from the housebook, as well as evidence On the right of ownership of previous owners of the apartment.

Evgenia | 2016/06/26.

hello! Bought an apartment on maternity capital, which documents are needed for entry into ownership, if the seller does not communicate. Treaty of purchase - sales on hand is available.

admin | 2016/07/06.

Hello Eugene! To submit documents for registration of property rights, you will need a purchase and sale agreement, a receipt for the payment of state fees for the transfer of ownership, technical plan and cadastral passport for an apartment. Nevertheless, you need to file documents with the seller. If the seller evades the registration of the transfer of ownership, you can establish this fact in court.

maria | 2016/08/13

Hello, bought a house, the deal was a sale of sale, in Rosreestra issued an extract from the USRP said that the testimony was now not issued! Can I attribute the family on it, is it valid? Thanks

admin | 2016/08/22

Hello Maria! Indeed, from July 15, 2016, the certificate of state registration is not issued. In turn, is an analogue of such a certificate and has a full legality. That is, you will be able to register at the place of residence on the basis of an extract from the USRP.

Alexander | 2016/08/30.

There is a need to submit documents for registration of ownership of mail. However, the mail is not reliable. In this regard, the question is, it is possible to send notarized copies of documents, in particular, "Certificate of Legacy" in order not to risk?

admin | 2016/09/04.

Hello, Alexander! To register the right of ownership, it is necessary to provide the original documents. You can send a valuable letter with an attachment description, and in this case all expenses will be reimbursed in case of loss of documents.

Love | 2016/09/04

Hello! I am going to buy a room in a hostel, tell me which documents, like a buyer, should receive after the registration of property, and what are my actions on, that is, you need to make something else or everything, you can go prescribe?

admin | 2016/09/13.

Hello love! After registering the right of ownership of hands, you will have an apartment purchase and sale of an apartment with a marking of Rosreestra about registration, as well as an act of acceptance and transmission. From July 15, 2016, the certificate of state registration of the right is not issued, but an extract from the USRP (register of rights to real estate) is issued.

Alex | 2016/09/12.

And on the official website of the IFC in a set of mandatory documents no cadastral passport.

Lyudmila | 2016/09/28.

I sell the apartment in which there is a share of a minor son. Lended whether when registering the right of ownership (I will allocate a share in a new apartment) to provide permission from the guardianship to the Rosrester or MFC for the sale of the former apartment. Thank you

| 2016/11/07

Got an inheritance apartment (Sv-at the right of inheritance was obtained). The ownership has not yet registered. Can you sell without this action, immediately drawing up on a new buyer.

admin | 2016/11/25

Hello Sergey! Without registration of property rights, you can't sell an apartment. First you need to register the ownership of yourself on the basis of obtaining inheritance. After that you can fully manage the property belonging to you.

natalia | 2016/12/15

In 1995, on the basis of the contract, one cooperative apartment on another cooperative apartment was changed by me. This contract was issued in BTI. The second side of this contract currently lives in another city. What documents I need to provide in MFC to execute ownership.

admin | 2017/01/01.

Hello, Natalia! For registration of ownership in the manner prescribed by law, you need to provide an appropriate agreement, a statement, technical documentation for an apartment and a receipt for the payment of state duty for the commission of registration actions.

tatyana | 2016/12/19

is it possible to register an apartment with a cadastral passport and an order of 1993 on the transfer to the property in the order of privatization

admin | 2017/01/01.

Hello Tatiana! Yes, you can. It is necessary to contact the MFC or the management of the Rosreestra with the available documents and write an appropriate statement by paying the state fee. Additionally, it may be necessary to design the technical plan of the apartment in BTI.

Alesya | 2017/01/13.

i am the orphanage for 25 years old are married to children. I have not yet got up to the apartment in the apartment if I submit documents on the line will put me in the queue and what documents are needed?

admin | 2017/01/19.

Hello Ales! As a general rule, in a queue for housing for orphans You should have been until the age of 21 years. At the moment, setting a queue for housing is possible only in providing documents confirming the need of residential premises (emergency housing, lack of registration, lack of living space, etc.). In addition, a living area belonging to your spouse as a family member will be taken into account when setting.

Marina | 2017/02/01

Good day! I'm going to give an apartment to my brother. Please tell me a few questions about the registration of the transfer of property rights. 1. There is a technical passport of the apartment from 2004. Is it possible to draw up a new cadastral passport? 2. In what time frame after the design of the contract of donation it is necessary to register property, is there any restrictions on timing? 3. At the apartment transmitted to the gift, there are debts on paying utility bills. Does it be necessary to take a certificate about their absence, if it is being granted? Thank you in advance!

admin | 2017/02/08

Hello Marina! 1. The new technical documentation does not need to execute if there was no redeference or other changes in the apartment.
2. As such a term, the law has not been established, since the ownership of real estate arises not from the moment of the conclusion of the contract, but from the moment of state registration of the transfer of ownership.
3. The provision of certificates about the absence of debt on utility payments is not obligatory.

Svetlana | 2017/03/01

Good day! It's time to make a new building in the property. The developer said that in addition to the gear ratio, nothing else gives anything. What about the cadastral passport and the plan? What are the further actions of the future chatter after signing the transmission act from the developer?

admin | 2017/03/13

Hello Svetlana! When surrendering an apartment building, the developer has a duty only by setting the entire object (apartment building) on \u200b\u200bcadastral records. The developer does not bear the responsibility for the design of the technical plan for each individual apartment, if such duties are not provided for by the contract. The cadastral passport on a specific apartment for registering the right of ownership is not required if the developer put the house on cadastral records.

Irina | 2017/03/02.

Good evening! Bought an apartment in a mortgage with mattitt. We want to issue property. What documents are required for this?

admin | 2017/03/13

Hello Irina! Despite the fact that the apartment acquired to the mortgage, when registering a deal, you are issued an extract with an indication of you as the owner and indicates the burden of rights (mortgage due to the law). After the payment of the mortgage, you receive a certificate in your bank that the mortgage is redeemed, and contact Rosreestr or MFC (Multifunctional Center) with a statement about removing encumbrance regarding your apartment.