Article 8.1. State registration of rights to property - as amended, verified 09/03/2020 - Civil Code of the Russian Federation, Part 1

What is the law?

Federal Law No. 122-FZ “On state registration of rights to real estate and transactions with it” was adopted by the State Duma in the third reading on June 17, 1997 and approved by the Federation Council on July 3, 1997. On July 21, 1997, the law was signed by the president and came into force.

Federal Law No. 361-FZ of 07/03/2016 invalidated Chapters 1-4, Article 31 and Chapter 6 of the legislation on state registration of rights to real estate, thus all provisions of the law, except Art. 31 are invalid. The law will be completely repealed on January 1, 2020. Currently, state registration of real estate occurs in accordance with Law No. 218-FZ “On State Registration of Real Estate” dated July 13, 2015, Chapters 3 and 11.

Federal Law No. 122 provided for the state registration of real estate to be mandatory, because only it is legal proof of the rights to own property and allows transactions with it.

Procedure

The procedure is designed to confirm ownership rights to a plot with a house and land, share, apartment, garage and other object that is “inseparable” from the land. It is characterized by the following mandatory points:

Submitting an application;
Collection and registration of documents;
Payment of state duty;
Obtaining a document legitimizing the right to own and dispose of real estate.

But how ownership of an apartment in a new building is registered is described in detail in this article.

On the video deadline for registering ownership of real estate:

Documents for registration are submitted to the Rosreestr authorities directly or through authorized legal entities. Depending on the type of real estate, the time frame for consideration of the application and registration is determined. Often, in order to register real estate, for example, inherited property, you have to wait up to 6 months until the entire cycle of legal registration has completed.

What Roman private property law is is detailed in this article.
What is the concept and content of property rights is detailed in this article.
How the registration of ownership of an apartment by inheritance occurs is detailed here: https://ruleconsult.ru/grazhdanskoe/nasledstvo/oformlenie-nasledstva-na-kvartiru-posle-smerti.html

Latest amendments

Article 13 provided for the procedure for state registration of rights.

Part 1 established the following procedure for the state registration procedure:

reception and registration of the required package of documents;
checking documents for the legality of the transaction and the absence of inconsistencies between the parties, as well as reasons for refusing registration or declaring it invalid;
entering information into the Unified State Register of Rights to Real Estate;
signing documents and issuing a certificate of state registration of real estate.

Part 2 indicated that state registration of restrictions on property rights by third parties could be carried out by decision of the owner of the rights or persons who were just acquiring them. If encumbrances were carried out by state or local authorities in the public interest, then it was mandatory to notify the copyright holder about this within 5 working days. State registration of the transfer of rights to real estate or their restriction was carried out only if there were previously registered privileges for this object in the State Register.

Part 3 established that state registration should be carried out within five working days from the date of submission of documents, unless other conditions are specified. State registration of mortgages on land plots, buildings and non-residential premises was carried out within fifteen working days from the date of receipt of documents. If registration was carried out on the basis of a notarized agreement, then the period was reduced to three working days.

Part 4 provided for the impossibility of refusing to accept documents for registration.

Part 5 prescribed that in the event of refusal of state registration, the entire package of submitted documents, including the application, should have been sent to the applicant, with appropriate notification of the refusal and the stated reasons for making such a decision. It also provided for the return of a receipt for payment of the state duty, which could be presented the next time the documents are submitted.

Article 17 set out the grounds for state registration of rights to real estate.

The reasons for registering the presence, termination, transfer, encumbrance of rights may be the following circumstances:

documents and acts that were issued by state or local government bodies that complied with the current local legislation at the time of their issuance;
documents on the privatization of housing, drawn up in accordance with current local legislation at the time of the transaction;
documents confirming the right to inheritance;
entry into force of judicial acts;
arbitration decisions;
certificates of title to property issued by authorities in accordance with the law that was in force at that time in the place where these documents were issued;
other documents on the transfer of property that comply with the legislation relevant at the time of the transaction;
other documents of the Russian Federation that, in accordance with the law, confirm the existence, emergence, termination, transfer or limitation of rights to real estate;

Verification of the legality of documents submitted for state registration, as well as verification of the legality of the transaction, in addition to the notarized agreement, was carried out by the department responsible for state registration. Federal Law No. 122 prohibited the request for documents other than those listed in Article 18 of the current legislation.

Article 20 of the current federal law provided grounds for refusal of state registration of rights. Registration of documents could be refused in the following cases:

real estate is not subject to registration in accordance with the current Federal Law;
an application for registration of rights was submitted by a person who does not have permission to carry out such actions;
the submitted documents do not meet the requirements and standards;
the document granting rights to property was declared invalid;
the document was issued by an unauthorized person;
the person with limited powers did not indicate this fact in the application;
the title deed indicates the absence of the applicant’s rights to the specified property;
the applicant did not provide a document on the previously recorded right to the property;
all necessary documents have not been provided;
the presence of inconsistencies between declared and recorded rights;
incorrect execution of the cadastral document (lack of coordinates of characteristic points, etc.).

Registration of real estate that was not included in the cadastral register of the Russian Federation was not allowed. If at the time of registration a court case was ongoing regarding the boundaries of the land plot, this was not an obstacle to completing the state registration procedure.

Article 23 , which provided for the specifics of state registration of real estate in apartment buildings, consisted of the following two parts:

State registration of rights to real estate in apartment buildings was to be carried out in accordance with this Federal Law, as well as the Housing Code of the Russian Federation.
State registration of the emergence, transfer or limitation of powers over residential or non-residential space in apartment buildings is considered state registration of the associated right of common shared ownership of common property.

Article 24 , which provided for the specifics of state registration of the right of common ownership of real estate, consisted of the following parts:

The first part listed the general provisions for registering rights to joint property:
when selling his share to a third party, the seller must send to all participants in shared ownership an official notice of the sale indicating the terms of the transaction and its price;
the sale of part of the common property is possible only after one month after notification of this to all other participants. However, if the notary is presented with documents confirming the refusal of the remaining participants in shared ownership to purchase the specified part, then the transaction can be concluded earlier than the prescribed period;
If, during the registration of the right to a share in common property, disputes arise between the participants, then they must be resolved in court.
If one of the co-owners applied for the redistribution of shares, then in order to carry out state registration it was necessary to submit the written consent of all other participants in shared ownership, whose rights should be redistributed.
State registration of the emergence, transfer and termination of the right of joint ownership of real estate was carried out on the basis of an application from one of the co-owners, unless otherwise provided by law or agreement of the copyright holders.
Applications for state registration of the right of common shared ownership of persons owning investment shares in real estate, which constitutes a common mutual investment fund, were submitted by the company that manages the mutual fund in accordance with the trust agreement. In addition to the mandatory documents established by this Federal Law, it was necessary to additionally provide the following papers:
management company license;
fund trust management agreement.

Article 25 established the procedure for state registration of the right to own the real estate object being created and consisted of the following parts:

Ownership of the created object was registered on the basis of a document confirming the rights to the land plot where the created real estate object is located, as well as permission to put the building into operation. A document confirming ownership of a land plot was not required if, on its basis, the applicant had previously registered the specified plot in the state register.
Ownership of a property under construction was registered on the basis of a title document for the land plot, as well as a construction permit. A title document for a land plot was not required if the applicant had previously registered his rights to the specified plot on its basis.
If the applicant owns the land plot on which the property is being built, then the right to the construction project is registered on the basis of documents confirming ownership of the land plot and construction permits.
If the plot belongs to the applicant on the basis of other rights, then in order to register the real estate being built on it, a document confirming the ownership of the land property, as well as a construction permit, was required.

The procedure and timing for entering a previously registered property

The rights registration authority includes a previously registered object in the Unified State Register in the event of its absence.

The data will be taken into account within five working days from the date of receipt of the request or application and in accordance with the document (or certified copy) confirming the right to such an object, which will be provided by the interested person.

Requirements for documents provided for cadastral registration and registration of rights can be read here.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

To avoid difficulties, we strongly recommend that you check the documents for your property before the question of any transaction arises.

In addition, the information contained in the Unified Register of Real Estate excludes illegal actions with objects, and also ensures information interaction between all authorities and organizations that provide state and municipal services.

This is very convenient for the applicant, since information about the rights to objects in various services will be provided without his participation.