Citizens in Russia know that the most common type of transaction is sale. Accordingly, the purchase of something. In order to buy or sell something, the parties usually enter into relevant agreements. Often they have to be additionally registered. Otherwise, the whole procedure will not be considered complete. And the owner of the subject will have problems. Say, it will be problematic to prove the rights to the object. Therefore, further we will consider the registration of the contract of sale. Is it possible to do without this operation? If yes, then when? And what needs to be done in one case or another? All this and not only will be able to learn below. With proper timely preparation, the mentioned process will not cause any trouble. It is accompanied by red tape, which does not require any special skills and knowledge. Perhaps this is the most difficult moment of the operation.
Registration Law
Purchase and sale is a transaction that governs the transfer of ownership of an object. In certain cases, registration of the relevant paper is not required. But there are times when it is necessary.
Registration of the contract of sale is an important step in the transfer of certain types of property. After the new owner holds it, there will be no problems with proof of purchase of the object.
According to the laws in force in Russia, the operation under study is required primarily in real estate transactions. But movable property does not need to be registered additionally. For example, if a person sells and buys a car, he will not need to contact the registration authorities additionally.
Accordingly, further we will deal with real estate. How to register them after purchase? How much do you provide this service?
The concept of "real estate"
But before answering such questions, you need to understand what falls under the term real estate. This will help determine under what circumstances there is a need for additional registration of the agreement.
Real estate is called:
- cottages;
- houses;
- garages;
- parking spaces for vehicles;
- apartments;
- rooms;
- construction in progress;
- plots of land;
- non-residential premises.
Accordingly, when selling and buying the listed objects, the parties will need state registration of the contract of sale. If a share of real estate is sold, no one exempts from the operation either.
Important: transactions with immovable property are subject to additional registration. When donating, receiving an inheritance, allocating shares, alienating or leasing, you will encounter the operation under study. The difference will only be in the package of documents for the procedure.
Selling algorithm
Now consider the process of real estate sales. Without this step, the registration of the contract of sale will not take place. Indeed, improper actions before the procedure entail the refusal of the registering authority to provide appropriate services.
In reality, everything is much simpler than it seems. And so every person will be able to sell their property. Consider the process of the example of the implementation of the apartment.
The sales manual looks like this:
- Prepare an object for sale. Most often, the task involves redecorating, overhauling, preparing the entrance.
- Form a package of documents necessary for the sale of property. We will talk about him later.
- Put up an apartment for sale. You can do it yourself or contact a real estate agency. It is better to combine such options.
- Find buyers and coordinate with them the process of inspection of real estate.
- Meet with customers, show the subject of the contract.
- Discuss the nuances of concluding an agreement.
- To appear in a notary's office with the prepared documents. At this stage, the signing of the contract of the established form.
- Transfer money by agreement. The seller will have to issue a receipt on receipt of funds. It is recommended that actions be taken by a notary or other authorized person / in the presence of witnesses.
That's all. Now all that remains is the registration of the contract of sale of real estate. This is a fairly simple procedure. Especially if the parties responsibly approached the solution of a similar problem.
Briefly about registration
Once the agreement on the transfer of rights to real estate is signed, you can contact the registration authority. At this point, the ownership of the new owner will be rewritten. Such an operation is called contract registration.
Briefly, this operation can be represented as follows:
- To prepare a specific package of papers. It almost completely coincides with the list of documents required to conclude an agreement of the established form.
- Contact the registration authority with a request for registration.
- Pay the fee in the amounts established by the legislation of the Russian Federation.
- Wait a while.
This manual allows you to easily carry out the procedure for registration of property purchase agreements. Next, we will consider the key points of the operation in more detail. Even a citizen who does not know anything about paperwork is able to cope with the mentioned task without difficulty and in the shortest possible time.
Where to register agreements
Many are interested in exactly where to send requests for registration of transactions with property. There is no definite answer to this question. It all depends on the personal preferences of the parties.
Today, citizens can seek help from the following authorities:
- MFC;
- Rosreestr;
- cadastral registration chambers.
Some intermediary firms offer help registering a contract of sale of a home or other property. But, as a rule, companies charge an additional fee for their services. Therefore, this option is not in special demand. It is easier for parties to the transaction to do everything on their own.
It is worth paying attention to the fact that at the moment in Russia there are special sites that offer the receipt of state and municipal services. Due to this, registration of the contract of sale of real estate in Rosreestr or in other bodies can be carried out remotely.
Which site will help to cope with the studied problem? It is about using the official Rosreestr page. There you can easily register a property purchase agreement.
Instructions for Rosreestr website
A contract of sale without registration with the relevant authorities can be concluded only with respect to movable property. For example, cars are not registered in Rosreestr. Therefore, the study operation is not required. This rule is dictated by the current legislation of the Russian Federation in 2018.
How to behave if you want to register property rights remotely? We have already said that in this case, the website of Rosreestr comes to the rescue.
The owner is invited to act as follows:
- Open the Rosreestr website in a browser.
- Go to the block "Public Services".
- Click on the line "Registration of property rights".
- Answer the questions that appear on the screen. It is enough just to put marks next to suitable points on the questionnaire.
- Click on the button "Go to details ...".
- Indicate the data requested by the system. This is usually information from existing documents.
- Choose a place where it will be convenient to obtain a certificate of title to property. You can request a document in electronic form.
- Submit a processing request.
- Wait for a notification about the readiness of the documentation.
With pre-prepared papers, come to Rosreestr and pick up the certificate of the established form. This step is not necessary if the citizen has issued a confirmation of rights to the property in the form of an electronic file.
This scenario is not in great demand. Citizens do not trust the Internet in matters as serious as registering a contract of sale. Therefore, many prefer to solve the problem on their own.
Ways to submit a request
After the registration of the contract of sale of the apartment, the process of acquiring the property is completely completed. Citizens are issued certificates of established forms. So, to prove the right to real estate is no longer difficult.
How can I apply for registration? If you do not take into account the Internet application, then it is proposed to cope with this kind of task:
- personally;
- by mail
- through a representative.
The last alignment in real life is almost never found. It provides for additional paperwork. And so people try to act 100% on their own.
About the term of circulation
What is the deadline for registering a contract of sale of real estate? More precisely, how quickly will you have to contact the listed authorities to implement the task?
The legislation of the Russian Federation does not provide for any specific deadlines for contacting the Rosreestr to register an agreement on the purchase of property. But it’s better to do it as soon as possible. Otherwise, the owner of the object may have problems. For example, if you need to prove the rights to "real estate".
Service Duration
But there is another issue that worries the population. What is the direct term for registering a contract of sale of property in Russia? The duration of the pending issuance of a certificate of title to real estate is understood.
Practice shows that the study operation is carried out within 10 days from the date of the request of the established form. After this time, the citizen will be able to pick up the finished certificate of right to property in the registration authority.
If you are registering a mortgage agreement, you will have to wait 5 days. In real life, such terms are not always respected. Sometimes the final documentation is issued to the owner almost immediately, and sometimes after 2 weeks or more. One must also be prepared for this.
Registration of a sales contract at the MFC, as a rule, takes up to 15 days. Contacting Rosreestr directly is faster. After all, organizations do not need to spend time liaising with the state register of real estate.
You will have to wait longer than the indicated periods if the owner applies for the service by mail. Then the speed of obtaining a certificate of title to "immovable" will depend on the work of the post office. Direct registration of the contract of sale of a land plot or other object takes about 10-15 days, and then you have to wait until the final document arrives by mail at the applicant's address. The procedure is able to take about a month.
Cost
Registration of the contract of sale of a site or other real estate is not a free process. For him, as we have said, you need to pay. How many?
Consider the amount of state duty for an operation levied on individuals. It is this category of citizens that most often deals with the sale of existing property. For example, apartments.
In order to register a purchase agreement, you will have to pay 2,000 rubles. This payment is also charged for registering a mortgage agreement. Funds are usually transferred by the buyer of the property.
The payment receipt must be saved. Otherwise, in the State Register the citizen will be denied service to the new owner of the real estate. The request of the established form will not be considered by the registration authority.
Consequences of action
The contract of sale after registration comes into full force. More precisely, now it will be possible to easily prove property rights.
What will the studied operation lead to? During registration activities, the following operations will be carried out:
- the agreement will be registered in a single register of rights;
- Rosreestr displays information about the new owner of the property;
- a citizen (owner) of real estate is issued a certificate of an established form.
Important: since 2017, a number of property documents have been abolished in Russia. For example, it is now impossible to obtain a cadastral / technical passport or certificate of ownership. Instead of this documentation, a person will be issued an extract from the USRN. The validity period of such paper is not established.
Nevertheless, owners of real estate are recommended to replace the extract from Rosreestr at least every 5 years. This is necessary so that property data does not expire. For example, you can mean cadastral value. This indicator is subject to change once every 5 years.
In any case, before the next real estate transaction, you will need to re-order USRN certificates. The average cost of a document is 400 rubles. Free statements are given only after registration of property rights.
Documents for sale
Now a few words about what papers can come in handy during the sale of real estate. Registration of the contract of sale of the car will not be considered. After all, this process does not take place.
Accordingly, we will study a package of documents for the sale of real estate. We will figure out what papers are required in the case of apartments. This is a very common type of transaction.
Documents requested when concluding a purchase agreement include:
- owner's passport;
- spouse's consent to the process (if joint ownership is sold);
- marriage / divorce certificate;
- prenuptial agreement (if any);
- birth certificate of the child owner;
- standard contract;
- a receipt on receipt of funds for the object transferred under the agreement;
- certificate of acceptance of property;
- title documents for real estate;
- extract from the USRN (if there is a certificate of ownership, it can also be attached);
- certificate of family composition;
- extract from the BTI and from the house book.
All this may be required from the owner-seller. If a share is sold in an apartment with several owners, you must either attach the written refusals of the co-owners about the buyback, or present notifications with the offer to buy the share of the seller.
It is more difficult to sell an apartment that a child owns in whole or in part. In order to do this, you will need to attach permission from the guardianship authorities to the package of documents for the operation. Otherwise, the sale agreement will be invalid.
Documents at registration
The documents for registration of the contract of sale of an apartment are slightly different from the previously proposed list. But, as we have already said, citizens will need to bring an almost similar package of papers.
Mandatory from the owner of the property:
- old documents for the apartment (passports, plans - if any);
- extracts from the real estate register;
- check with paid duty;
- property purchase agreement;
- passport or other identity card of the property owner;
- certificate of acceptance of property;
- extracts from the house book.
- This is usually enough. Additionally, you may need:
- marriage / divorce certificates;
- prenuptial agreement;
- other papers requested by Rosreestr.
In reality, everything is much simpler than it seems. All listed papers are required to be shown only in originals. Otherwise, the Rosreestr may not accept documents for registration. When buying and selling property, the parties must be extremely responsible in preparing the documentation.
Cancellation of agreement
Is it possible to revoke a property purchase agreement after people have made a deal and registered it? Or can such agreements not be canceled?
According to the law, the termination of the contract of sale after registration of property rights is allowed. Typically, such an operation is carried out through the court. There must be certain grounds for its implementation.
These include:
- incapacity of one of the parties;
- non-receipt by the seller of money for the transaction;
- lack of a properly concluded agreement;
- provision of an incomplete package of papers upon signing the contract.
In fact, withdrawing the agreement on the sale of property is problematic. Indeed, not a single notary or lawyer will certify an agreement if it does not comply with the established legislation of the Russian Federation. Therefore, there is no need to fear for cancellation of the transaction.
If this happens, you will have to re-apply to the registration authority and make changes to the Rosreestr. Such an operation cannot be called registration. After all, government agencies simply make adjustments to the register of rights.
Conclusion
Registration of a contract of sale in Rosreestr in Russia is carried out without any problems. Now we have examined all the features of this operation.
Is it possible not to register the studied type of agreements? No. Without this operation, owners will not be able to prove their property rights. Data in Rosreestr will not be updated. And this can lead to serious problems. Especially if the new owner decided to resell the property or rent it out.
Registration of the contract of sale of a land plot or other property takes a minimum of time and effort. No additional costs will be borne.
It should be noted that when contacting the registration authorities, the parties must bring 3 copies:
- sales agreements;
- transfer acceptance certificate.
Otherwise, you will have to make additional copies and certify them. The exception is situations in which the Rosreestr or the MFC independently takes photocopies of documentation. This is how the registration of ownership takes place. The sales contract in this process is far from the last place.