Real estate acquisition transactions in new buildings are the safest to date. However, after the conclusion of the contract and payment, the buyer is not yet considered a full owner. Why? It turns out that registration of ownership of an apartment in a new building is necessary. What subtleties are important to know? Read about it later.
Where to begin?
The buyer can fully dispose of an apartment in a new building only when a certificate of ownership is issued. However, before completing this document, the construction company must conduct a series of events.
Before the transfer of the new building into operation, a protocol must be drawn up for the distribution of residential and non-residential (commercial) real estate. It is also necessary to draw up technical passports for all premises. If we are talking about transactions in the secondary market, the seller of the apartment is involved in the preparation of the documentation. When it comes to new housing, the responsibility lies entirely with the developer.
After receiving the technical passports, the construction company submits documents to the local architectural and construction department, where transfer certificates are issued to it. Permission to put houses into operation can be obtained only in the administration of the village. The final stage is the registration of houses in the state register and the assignment of addresses.
Procedure
Registration of ownership of an apartment in a new building can be divided into 7 stages:
- The buyer specifies which branch of the registration chamber needs to contact.
- Preparation and collection of documents (you can also get advice from a member of the Regpalat on the list of papers and the timing of their submission).
- Payment of state duty.
- Queuing the registration authority for filing documents.
- Submission of documents to the registration service on the appointed day.
- If you receive a notice by mail about stopping the registration of rights, you need to carefully study it, and then prepare and bring additional documents to the branch office.
- The final stage is obtaining a certificate.
Required documents
Documents must be submitted to the state registration service in order to register the ownership of an apartment in a new building. Documents will be required as follows:
- apartment purchase agreement,
- general passport and its notarized copy,
- application on the form of the established form,
- housing deed of transfer,
- apartment plan
- explication,
- state duty receipt
- permission of the guardianship authorities, if the co-owners are minors,
- notarized power of attorney (if the representative of the buyer is involved in the transaction).
All documentation is provided to the service in duplicate. Handwriting should be clear and legible. Abbreviations, blots, corrections, cleanings are not allowed. Records must be made with a pen.
The package of documents must be stitched, each page should have its number and the seal of the organization.
What is required from the developer
Real estate in new buildings is considered the most affordable for Russians than secondary housing. Therefore, registration of ownership of an apartment in a new building is one of the pressing issues. The legal purity and speed of this process depends on the quality of the preparation of the documentation required for registration of the right of law.
The registration chamber requests the following papers:
- an act of acceptance for the apartment,
- copies of documents on putting a new home into operation and the results of the state commission,
- investment agreement and acts confirming its implementation.
How to apply
Both the developer and the buyer himself can apply for registration of ownership of the apartment in the new building. It is not so difficult to do it yourself. You can submit documents in several ways:
- personally contact the Rosreestr (you must have a passport);
- by mail (signature verification and a copy of all pages of the applicant’s passport are required),
- in multifunctional centers (applicant's passport is required),
- by e-mail (a qualified digital signature of the applicant must be present on each document).
After the package of documents has been received by the service, the applicant will receive a notification and receipt.
Obtaining a certificate
Registration of ownership of an apartment in a new building at the final stage involves obtaining the appropriate certificate. It is issued as a result of a successful procedure. Upon receipt, you must carefully check the document for errors and clerical errors. The surname and initials of the owner, as well as the inventory of the immovable object, require special attention. If inconsistencies and errors are identified, the certificate must be returned to the state registration service for amendments.
Registration of ownership of an apartment in a new building (documents): mortgage
Often, buying an apartment is carried out in a mortgage. Registration of ownership of an apartment in a new building on a mortgage is carried out according to the standard scheme. The package of documents is no different from that required by ordinary registration of the right. However, the encumbrance that is imposed on the immovable property is also taken into account. Until the mortgage is fully repaid, the owner is not the full owner of the apartment. Real estate transactions are possible only after obtaining consent from the bank that issued the loan funds. Restrictions apply to the sale of housing, as well as to its rental.
Reasons for refusal
Quite often, applicants receive refusals by the registration service to register ownership. Reasons may include:
- submission of an incomplete package of documents,
- design violations
- restrictions related to the inability to dispose of real estate,
- falsification of securities.
If a decision has been made to refuse, the service will send a notification to the applicant as soon as possible. This document must indicate the reason for the refusal. With the elimination of all identified deficiencies, re-filing of documents is possible. It is also possible to register ownership of an apartment in a new building through a court when the applicant does not agree with the reason for the refusal.
Possible difficulties
To become a full owner of an apartment in a new house, the buyer needs to wait for the completion of the construction process, as well as the execution of all documents for registration of property rights. However, in practice, bona fide buyers often encounter situations in which built and rented houses do not take ownership for a long time. Until the certificate is received, the buyer can not present, resell the apartment and register in it. A residence permit solves many problems related to employment, medical care, registration of children in school, registration of vehicles, appeals to various municipal and state services. Unregistered housing can not be issued as collateral for a loan.
Another serious problem associated with the lack of registration is a reduction in the period of ownership of property. According to Russian tax law, when selling real estate, the seller is exempt from income tax if the property has been owned for more than 3 years. This period is considered from the moment of obtaining the right of ownership.
Additional costs associated with paying a mortgage are also possible. Typically, credit institutions increase the mortgage rate for housing under construction by 1-2% compared to the finished one. The increase in the rate compensates banks for the risks associated with the sale of housing under construction if the borrower is not able to pay the debt. As a rule, after the delivery of a residential building, banks reduce the initial mortgage rate. Thus, you can reduce the amount of overpayment. Until the ownership of the dwelling has been formalized, the owner cannot apply for benefits for paying utility bills.
The timing
Registration authorities deserve special attention registration of ownership of an apartment in a new building. The terms for consideration of the application are at least 1 calendar month. During this time, service specialists conduct a thorough check of all pages of documents. Apartments in a new building also require examination of papers regarding the fact of building a house according to the DDU, the distribution of apartments between potential owners. At the end of this period, an appropriate entry is made in the state register.
A rather complicated process is registration of ownership of an apartment in a new building. Duration of consideration of documentation may exceed 1 month. The reason for this may be various conflicts between the construction company and bona fide buyers. It often happens that the local administration and the construction company deliberately delay the process of transferring housing to the buyer in legal possession. In such cases, the buyer may go to court.
Registration Evasion
Transactions relating to various transactions with real estate are subject to mandatory entry in a single state register. Nevertheless, many developers believe that the purchase agreement is a title document. However, they are in no hurry to draw up the corresponding certificate. Such developers, after receiving the money, shy away from filing an application with Rosreestr. Therefore, the buyer is not able to register the property in accordance with the generally accepted procedure. If the construction company refuses to file an application with the registration service, the ownership right can be registered in a judicial proceeding.
Registration of ownership of an apartment in a new building: documents in court
If the bona fide buyer understands that the developer or the local administration is not able to fulfill their duties or do so in a timely manner, he can go to court. The law in this case is on the buyer's side.
It is necessary to file a claim to begin registration of ownership of the apartment in the new building. The court documents require the following:
- an agreement confirming the fact of buying an apartment in a house under construction,
- act of acceptance or temporary warrant,
- receipts and checks confirming the fact of payment under the contract,
- documents confirming the operation of housing,
- loan agreement, if the property was purchased with a mortgage,
- copy of the general passport of the buyer.
Based on this set of documents, the court recognizes the ownership of the buyer, regardless of the position of the developer in this regard. Claims can be both collective and individual.
Thus, the most important moment when purchasing real estate is the registration of ownership of an apartment in a new building. Documents, terms of consideration of the application are determined by law. In some cases, the process of registration can take place in court.