In order for a person to become a full-fledged owner of the housing he acquired, he needs to collect certain documents for registering property rights to the apartment. Then contact the appropriate authority. Which is the Federal State Service. registration of cadastre and cartography. The process is not so much complicated as it requires attention and responsibility. However, about everything - in order.
ID confirmation
This is the first caveat. Without a passport, no formal procedure is carried out. And, preparing documents for registering ownership of the apartment, the first thing to do is to put it in your folder. Every person who in the future will become the owner of the apartment must prepare a passport. There may be several.
Still need paper, which confirms the emergence of ownership. These include contracts for the sale, exchange, gift, cession, participation in shared construction and privatization. A certificate of entry into inheritance rights is also suitable. And it is important to remember that all transactions that are aimed at buying property into property are required to be registered with state bodies.
Directly about the property
When listing the necessary documents for registering ownership of an apartment, one cannot fail to note the cadastral and technical passports of real estate. Plus, there is an explication plan (explanation of the architectural design). Getting them is not a problem. To do this, you need to contact the regional bureau of technical inventory - in the city where the apartment is located.
But all the listed securities will be required if a person performs the initial registration of real estate. If all the information about the apartment has already been entered into the Unified State Register, then it is not necessary to re-submit the technical description of the property. Except in those cases when a person draws up real estate that has been redeveloped.
References and receipts
So, the above documents for registration of ownership of the apartment will be needed in any case. As well as a receipt confirming the fact of payment by a person of the state duty for the service. This is a standard package of documents. However, other documents are often required.
You may need a certificate with a list of people who have the right to use the purchased apartment. In fact, this is a common document on the composition of the family. It can be obtained in the housing office. Or contact the management company.
If the purchased apartment is pledged or acquired in a mortgage, then the consent of the pledge holder, drawn up in writing, will be required.
Is the property inherited? Therefore, a written refusal from the apartment of the other heirs, certified by a notary, will be required.
Even if the property is a cultural monument, you will need an appropriate document confirming this. Sometimes, in order to get it, you need to go through a historical examination. As a result of which the future owner will be given a passport of the object of cultural heritage.
But this is not all documents for registration of ownership of an apartment. In addition to the above, an act of acceptance of real estate may be required. In the event that it is executed under the shared construction agreement. Or if a person invested in an erected building.
And the last nuance. If the registration process is carried out by an authorized person, then a power of attorney is required, allowing him to perform all actions related to this.
Important Nuances
So, above were listed documents for registration of ownership of an apartment that may be needed for presentation. It is important to be careful: all title papers and certificates are provided in the Register in triplicate. Of which two are copies and one is the original. Other documents are provided only in duplicate, in the form of “original + copy”. But photocopied papers will still be certified - only at the time of receipt, by the registrar himself. It is not necessary to take copies of passports, but many still do this for reinsurance.
Drafting a statement
After all the title documents for the apartment and other papers are collected, you can proceed directly to the design. But the Register can not be accessed without a corresponding application. Which is one of the main grounds for consideration by the authority of a person’s request. In addition, the need to draw up a statement is spelled out in Law No. 122-FZ.
The form can be taken either in the Register or downloaded from the corresponding resource. Although, often the employees of the body themselves take the responsibility to fill it out - in order to avoid mistakes.
The application shall write the name of the state registration authority and the address, as well as the full name contact person, place of registration, fax, telephone and e-mail. This is in the header. Then, in the preparation of the text, the person just needs to fill in the gaps - put down the current date, full name, name of the developer, number of the concluded contract, real estate object, its address, etc. However, what to put in spaces depends on the specific case ( in a situation with inheritance, for example, there will be a different form). That is why most often the application is filled out by the registry employee according to the person who applied.
What's next?
After the application, title documents for the apartment and other papers are ready, the registrar accepts them and affixes stamps on the copies, certifying them in this way. And, in fact, the process can be considered completed. In any case, on the part of man, nothing more will be needed. Just wait. The maximum is three months. In any case, a person finds out when he can pick up a certificate of ownership.
However, it must be remembered that if the officials of the Register doubt the correctness or authenticity of the submitted papers, they will stop the registration. Or even refuse to carry it out. True, such cases are rare, since it turns out to resolve all problems and issues quickly.
About new buildings
The topic of "fresh" housing, it is worth noting a separate attention. It is the most affordable today. And, accordingly, more often than not, people ask themselves questions about the procedure and documents for registering ownership of housing purchased on the primary housing market.
In fact, there is nothing complicated here. Many even trust the registration of ownership of the company-developer. But if you want to solve this issue yourself, you need to prepare some papers. In addition to the act of acceptance and transfer of housing, you will need copies of documents confirming not only the commissioning of the erected house, but also the fact that it was checked by a special safety commission. An act of implementation of an investment contract for the production of work related to the construction of the building will also be required. Here, however, are all the necessary documents for the apartment.
The necessary documents must be presented in a clean and formalized form. Postscripts, strikethroughs, blots, damages, as well as any other “obstructions” that damage the readability of papers are not allowed. It would seem - this is obvious. But there were cases of providing such documents, and therefore introduced the 122nd article 18 of the law, which explains all of the above.
Mortgage
So, above we talked about how to correctly register their property rights to real estate. Next - a few words about how this is done in the case of a mortgage.
Is an apartment drawn up with borrowed bank funds? Then it becomes a guarantee of repayment of the debt. And, in principle, the procedure for registering the right is the same as in other cases. Only the apartment is still burdened. It will be removed when the bank client repays his debt with interest. Until that moment, he will not be able to dispose of his property in full. For example, he will be entitled to officially lease only with the consent of the pledge holder.
Issue price
The last nuance worthy of attention is the size of the state duty. It is 2,000 rubles for individuals. For legal entities or enterprises, the price increases 11 times, up to 22,000 p. However, in addition to this amount, you will also need to pay for the execution of the previously mentioned documents. And for the services of a notary.
And finally, what is the certificate of ownership? This is an A4 form, with the number and series indicated on the back of it.
By the way, if then a person decides to find a buyer for his property, then you will need to attach this certificate to such a package as all the necessary documents for the sale of an apartment described above. Since the transfer of ownership to another citizen will take shape.