Sample (download example): Claim for recognition of ownership rights under an equity participation agreement

Is it necessary to register a property before registering it in the cadastral register?

Previously, if a property was not registered in the cadastral register, it had to be first registered in the cadastral register and only then the rights to it had to be registered. Now, if necessary, this can be done simultaneously.

You will only need state registration of the right if information about the property, the right to which needs to be registered, has previously been entered into the Unified State Register of Real Estate, that is, it is already registered in the cadastral register.

State registration of property rights simultaneously with cadastral registration is required if the object was, with the exception of previously unregistered real estate objects, for which permission to put a capital construction project into operation was issued (for example, apartment buildings). In this case, the object is registered in the cadastral register by the state authority or local government that issued the permit.

“>created (for example, a private house was built) and, accordingly, was not previously listed in the Unified State Register of Real Estate, or was formed (for example, by dividing a plot of land), or ceased to exist (provided that previously the rights to it were registered in the Unified State real estate register).

Only cadastral registration is needed if the characteristics of the property have been significantly changed (for example, the area of a private house has been increased), or the property, the rights to which were not previously registered in the Unified State Register, has ceased to exist.

How does the apartment registration process work?

Housing registration is handled by the Federal Registration Service (FRS). The process itself looks like this:

The completed house is accepted into operation by the state commission, after which the shareholder is given a transfer deed. This document is proof of the developer’s compliance with his obligations, and also means the fact that the apartment has no flaws or defects that can be identified during inspection, its finishing complies with the contract. It is worth paying close attention to the information specified in the transfer and acceptance certificate, since a simple typo can lead to serious problems with registration of ownership of the apartment.
The Bureau of Technical Inventory (BTI) makes a floor plan of the house and an explication of the apartment.
Next, the documents (we will give a full list of them below) go to the Fed. Here they undergo a legal examination, as a result of which the future owner of the home will receive a certificate of state registration of rights to real estate. All records about the apartment are entered into the Unified State Register.

Documents required for apartment registration
The full package of documents includes:

Floor plan and explication of the apartment, drawn up in the BTI;
Agreement with the developer;
Application for registration of property rights;
Passport + copy of significant pages;
A receipt confirming payment of the state duty;
Transfer deed.

Copies of other documents besides your passport will also be needed. But what quantity is better to clarify this question separately. If you are registering ownership yourself, then before taking the documents to the Federal Reserve System, you should go to the territorial office of the service and study the information on the stand. There you will learn about all the nuances of the paper submission process and find out how many copies are required for which documents.

Be very responsible about the condition and appearance of documents. According to Article 18 of the law “On State Registration of Rights to Real Estate and Transactions with It,” only whole (intact) papers that do not have erasures, additions, corrected and crossed out words, as well as phrases written in pencil are accepted for consideration by the Federal Reserve System.

How to submit documents for registration of rights?

There are several ways to submit documents for registration of real estate rights.

Expert opinion

Kuzmin Ivan Timofeevich

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

If the property is located in Moscow, you need to submit an application to any. If the registered real estate is located outside of Moscow, you can submit documents in person:

to the Palace of Public Services at:
Moscow, Prospekt Mira, building 119, building 71;
to Rosreestr branches at the following addresses:
Moscow, Varshavskoe highway, building 47, building 4, floor 3;
Moscow, Zavoda Serp i Molot proezd, building 10;
Moscow, Zeleny Prospekt, building 20.

You can generate an electronic appeal using the Rosreestr online service for registering rights to real estate or registering rights to real estate with simultaneous cadastral registration. Please note: at the last step of generating the application, it must be signed with an enhanced electronic signature.

Veterans of the Great Patriotic War, disabled people of the Great Patriotic War, disabled people of groups I and II can register the rights to their real estate using free. A courier will come to them and accept the application for registration of rights.

Property rights will be registered within 5-15 business days. To check the status of consideration of your application, you can use the electronic service “Checking the execution of your request online”.

Nuances of obtaining documents

If the developer is a reliable company, then after putting the house into operation, he will easily transfer the necessary documents to the shareholders. In this case, they only need to fill out an application and pay a fee, after which all papers are transferred to the Rosreestr office.

When does ownership arise? Read the link.

If the developer refuses to help in the registration of housing, then the shareholders can sue him.

What to do if the developer does not issue papers

If the developer fails to put the house into operation due to various violations, then the apartment is not transferred to the shareholder within the prescribed period.

Under such conditions, the buyer can perform the following actions:

resolve the issue in a pre-trial manner, for which a claim is sent to the developer, and it can be collective and contain rules for calculating the penalty;
If the company refuses to pay the funds, you will have to go to court, for which a lawsuit is filed indicating all the reasons why it is impossible to register the right to the apartment.

What to do if apartments in a new building are not registered as ownership? Tips in the video:

Important! Judicial practice shows that the court usually takes the side of the shareholders.

How can I prohibit the registration of rights to my property without my presence?

If you are the owner of real estate, you can apply to make a record in the Unified State Register of Real Estate about the impossibility of state registration of a transfer, restriction (encumbrance), or termination of the right to a property without your personal participation.

In this case, Rosreestr will reject any attempts by third parties to register any rights to your property without giving reasons. Exception: change of rights to real estate based on a court decision that has entered into legal force or the request of a bailiff.

Subsequently, such an entry can be canceled.

What should I do if I do not agree with the entry in the Unified State Register of Real Estate?

If there is an entry in the Unified State Register of Real Estate that your property has a new owner, but you do not agree with this and are ready to challenge it in court, you can submit a statement to Rosreestr about whether you have any objections to the registered right to the property.

Such an entry in the Unified State Register will not in any way affect the further registration of rights to this property, but may help reduce the number of subsequently contested transactions.

With the passage of time, such a record may be canceled.

Is it possible to complete all the documents necessary for purchasing a home in one package?

In you can draw up documents and receive services that you may need during the process or immediately after purchasing a home, for example:

provision of information contained in the Unified State Register of Real Estate;
conducting an inventory and providing technical accounting information;
provision of information and documents on rights to housing facilities registered before January 31, 1998;
disposal of maternity capital;
provision of housing accounting information;
state cadastral registration and (or) state registration of rights;
approval of the reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings and residential buildings and execution by the acceptance committee of an act on the completed reconstruction and (or) redevelopment of premises in apartment buildings and residential buildings.

All of them have the opportunity to receive documents in one package.

The buyer of real estate under an equity participation agreement, in fact, is granted only the right to purchase property in the future , since the residential premises themselves are under construction.

In 2020, there were changes in shared-equity construction: transactions for the purchase of apartments in new buildings will now be carried out through escrow accounts, which may result in a decrease in the number of developers and an increase in the cost of housing. Read more…

And even after paying in full, receiving the keys to the apartment in the finished building and moving into it, he does not yet become the full owner of the purchased property. This will happen only after state registration of ownership rights to the apartment and receipt of the relevant document.

This procedure is preceded by the need for the developer to fulfill certain conditions and prepare a package of relevant documents.

Expert opinion

Kuzmin Ivan Timofeevich

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

Registration of property rights is carried out on the basis of the rules and regulations regulated by the following legal acts:

Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”;
partly by the Civil and Housing Codes of the Russian Federation;
Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate.”

Registration and recognition of ownership of shared construction projects

Having received the coveted keys to an apartment in a new building, the shareholder may not become its owner due to obstacles preventing the registration of property rights.

If the ownership right is not registered, then the shareholder is not the full owner of the apartment (car space, storage room) and cannot fully dispose of it.

The obligation to register ownership rights is assigned to the participant in shared construction. The grounds for registration and its procedure are determined by the provisions of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”.

State registration is not just proof of the existence of a right, but a legal fact that gives rise to a right.

The provisions of paragraph 2 of Art. 8.1 of the Civil Code defines one of the most important principles of registration law - the principle of entry. It means that rights declared by law to be subject to state registration arise from the moment of registration. This, in turn, means that if there is registration, there are rights, and if there is no registration, then there are no rights.

When registering property rights, shareholders may encounter problems: being refused registration, or not being able to apply for registration due to the lack of grounds for it.

If registration of ownership rights in the usual, i.e., manner established by law, the shareholder is denied, or there are no grounds for registration (for example, there is no transfer deed), then recognition of ownership rights is carried out in court. In this case, the basis for registering property rights is a court decision (determination).

Cases on recognition of ownership rights to shared construction projects are considered both by courts of general jurisdiction and by arbitration courts - in the event that the developer is declared bankrupt and the object of construction is an apartment.

It is impossible to recognize the ownership of non-residential premises in the event of bankruptcy of the developer even in an arbitration court. These premises fall into the bankruptcy estate and are sold to pay off the debts of the developer.

Conditions for registering ownership of an apartment under a shared participation agreement

After completion of construction work, the development company must perform a number of actions to ensure that buyers are able to register their rights to apartments purchased under an equity participation agreement:

drawing up a protocol on the distribution of residential premises and commercial space (if the building contains shops, office or other non-residential premises);
registration and receipt from the BTI of a technical passport for the constructed building, which indicates the number of floors and layout of the house, its total footage and the footage of each individual apartment and other premises;
signing the acceptance certificate of the property and obtaining permission to put it into operation, issued by the relevant authority;
registration of a residential building with Rosreestr;
assigning him a postal address.

Reasons

In this case, we are talking about buying an apartment in a building that has not yet been put into operation. Often, registration of ownership occurs on the basis of a shared participation agreement, that is, when buyers made cash contributions in advance in favor of future construction. And when the house receives all the necessary permits and becomes available for occupancy, a lot of questions arise.

After the new building is ready for commissioning, the developer company, based on the preliminary construction plan, as well as signed agreements on the transfer of square meters to private and legal entities, is obliged to draw up a Protocol of Distribution. It specifies the procedure for transferring parts of real estate for use or ownership to individuals, as well as the square footage that is due to one or another applicant .

Also an obligatory step is to contact the BTI, since this is the only authority that is authorized to issue technical documents for each premises. This data is displayed in the Real Estate Passport and takes into account not only general information about the entire building, but also about each structural unit.

The next authority, whose participation cannot be avoided, is the Department of Architecture, which is part of the city administration. The powers of the authority include issuing official permission for the full use of the new building for its intended purposes.

Rosreestr is a government structure that contains data on all residential and non-residential real estate properties, as well as information on home owners. Therefore, in order for future owners to have the opportunity to register ownership of an apartment in a new building, they need to register the house with Rosreestr. And only after this the new building is assigned a personal postal address with the allocation of all apartments.

Important! Often, when concluding a shared construction agreement, after the owners have the opportunity to register personal property rights, it becomes known that the transferred object does not correspond to the preliminary plans. This is the financial side of the issue, which must be settled personally with the developer.

Documents for registering ownership of an apartment according to DDU

According to paragraph 11 of Art. 48 Federal Law dated July 13, 2015 No. 218-FZ, to register ownership of an apartment acquired under an equity participation agreement, the following documents are required:

passport of a citizen participating in shared construction;
agreement on shared participation in the construction of a residential building;
an apartment acceptance certificate or other document confirming its transfer to the participant;
permission to put into operation the apartment building in which the apartment is located;
a receipt confirming payment of the state duty .

In special cases you may need:

birth certificate, if housing is registered for a minor child;
a mortgage on an apartment or a loan agreement (if housing is purchased on credit);
power of attorney to represent the interests of the shareholder, certified by a notary;
notarized consent of the spouse to conclude a share participation agreement by the other.

Recognition through court

You have to go to court for recognition of ownership of an apartment in a new building if the developer delays registering ownership rights or preparing permits. It is possible to recognize ownership of an apartment in a new building if the apartment is completed and put into operation, but the developer does not draw up the necessary package of documents to register the rights of shareholders. It happens that shareholders go to court for recognition of ownership of apartments months, or even years after the actual occupancy.

When will a legal dispute help?

The transfer and acceptance certificate is necessary to register ownership, because it confirms the transfer of the shared construction project.

If the property has not been legally transferred by the developer, the shareholder has the right to file a claim in court for recognition of ownership:
for the entire premises or share,
for an unfinished construction project.

If an apartment building is completed , a claim must be made for recognition of ownership of the apartment in the following cases:

if the apartment building is not put into operation,
if the developer does not draw up a transfer and acceptance certificate, although permission to put it into operation has been received.

A claim for recognition of a share in the right of common ownership is filed if the house is not completed and put into operation, and the object itself has not been transferred to the participants in shared construction.

Statement of claim

When preparing your application, you must provide in detail:

circumstances of the case
the essence of the claims.

Circumstances are facts presented in chronological order. They must be confirmed by documents attached to the claim: an agreement, additional agreements, correspondence, a claim . Indicate how the rights of the shareholder were violated. these 5 links in your application:

the deadline and procedure for transferring a shared construction project to a shareholder - Articles 6 and 16 of the Law on Participation in Shared Construction;
grounds for acquiring property rights in accordance with Article 218 of the Civil Code of the Russian Federation;
emergence of ownership of real estate - Art. 219 Civil Code of the Russian Federation;
obligations must be fulfilled properly, unilateral refusal is not allowed - Articles 309 and 310 of the Civil Code of the Russian Federation;
and the Consumer Protection Act.

It is necessary to indicate the price of the claim - the value of the property and the calculation of the penalty and other monetary claims. Such a claim is not subject to state duty due to the Law on the Protection of Consumer Rights.

Solution

The statement of claim is considered by the court within 5 days from the date of its filing. If the claim is accepted, the court initiates a civil case and proceedings begin.

Disputes last no more than 2 months. The parties have more month The court decision comes into force unless appealed. The court issues the full text of the decision in two copies with a note indicating that it has entered into legal force.

The decision will be the basis for registering property rights. The title registration process will be normal. Attach the court decision to the package of documents.

Answer

Since in this case the transfer of the apartment is a completed fact, as evidenced by the signed transfer deed, your son can register ownership only in his own name. After receiving the relevant documents from the registration service, he will become the full owner of the apartment, which will give him the right to dispose of it at his own discretion.

Therefore, if he expresses such a desire, he may well re-register the property to you under a gift deed.

When buying an apartment at the construction stage, that is, until the house is put into operation, a person acquires the right only to receive it. This is enshrined in the share participation agreement, which in itself does not give ownership rights.

Like a purchase and sale agreement, registering an apartment as private property under an equity participation agreement requires state registration in accordance with the law.

Method 2. Registration with the assistance of the developer

If things go well, registration of ownership of housing in a new building is carried out precisely on the initiative of the developer. To do this, the development company performs a number of actions established by law:

signs the act on the implementation of the investment contract;
draws up a protocol for the distribution of real estate;
receives a technical passport for the facility at the BTI;
signs the transfer act issued by the Inspectorate of State Architectural and Construction Supervision;
receives permission to put the facility into operation;
registers the building with cadastral registration in Rosreestr;
assigns him a postal address.

Formally, from the moment the developer transfers the documents for the object to the Federal State Registration Service until the registration of apartments in the new building as the property of the buyers, with the issuance of the appropriate certificates, no more than 1 month should pass (if there are no questions or comments from government agencies). In fact, the process can be slowed down at each stage and stretched out for several years. In such a situation, you should use method 1, that is, go to court.

Required documents

Documents for registering private property must be prepared in advance so as not to delay time collecting papers.

The list of documents for registering ownership of an apartment is as follows::

passport of a participant in shared construction;
DDU;
acceptance certificate, which proves the client’s satisfaction with the result of the work;
permission to put into operation a house where a separate room is located;
receipt for payment of state duty.

The list of documents for Rosreestr required to register ownership rights may be expanded. So, in addition to the listed papers, they may request :

the child’s birth certificate (if his share is determined);
loan agreement or mortgage on the property (taken from the bank if the purchase required mortgage lending);
power of attorney to represent the interests of the shareholder (if the procedure for registering property rights is carried out by a third party);
consent of the spouse to conclude a tenancy agreement.

Instructions for registering ownership of an apartment

A representative of the construction company must be present during the property rights registration procedure.

Potential apartment owners present the following documents for registration:

Passports of all co-owners of the apartment and birth certificates (with copies).
If the registration of ownership is carried out by the owner’s representative, then he presents a notarized power of attorney and a passport with copies.
Agreement between the Buyer and the Developer with all additional agreements ─ equity participation agreement, investment agreement, co-investment agreement or other agreements. It is necessary to prepare copies of the contract and agreements in duplicate.
The act of acceptance and transfer of the apartment plus two copies.
Cadastral passport and copy, explication of the apartment.
Loan agreement and mortgage (if you purchased an apartment with a mortgage).
Permission from the guardianship authorities (if there are minors among the co-owners).

Registration - step by step

Present all listed documents.
Sign the application for registration of ownership. An employee of the Companies House prepares the document in electronic form. It contains the passport details of the owners, the address of the apartment and its technical data. Below is a complete list of documents accepted for state registration of rights. After checking all the data, each owner signs an application.
Prepare a receipt for payment of the state duty (one thousand rubles). If there is more than one tenant, the amount is divided between all co-owners. The state duty can be paid at any bank branch. There should also be a ticket office in the Companies House building.
A civil servant of the Registration Chamber identifies all owners, a representative of the construction company, using the documents provided. Original papers (except passports) and copies of all documents for apartment registration remain here; the employee is required to give a receipt for receipt of documents with the date of receipt of the certificate for the apartment. The maximum period for registration of rights is 30 days.
On the appointed day (or after it), each owner (or authorized representative) must pick up his certificate, deed of transfer and share participation agreement. Take your passport and receipt with you. By following these instructions for registering ownership of an apartment in a new building, the buyer will go through the procedure on his own without any problems, if he takes into account some of the nuances.

Deadlines

According to the law, registration of property rights carried out under the DDU must be completed no more than seven working days in advance. During this period, the following procedures are performed :

legal assessment of the provided papers;
checking the authenticity of documents and the legality of the transaction itself;
identification of circumstances that will not allow registering property rights;
entering information about the owner into the unified state register;
issuance of final documents with registration marks.

Attention! Here you can immediately take an extract from the Unified State Register of Real Estate, which will indicate basic information about the housing, as well as a list of owners.

The period may increase if the verification is complicated by the number of owners , the presence of a mortgage, or any other factors. The developer may interfere with obtaining ownership rights, including:

without sending your representative to the procedure for submitting documents on state registration;
failing to deliver the house on time;
issuing documents with errors making them invalid, etc.

If the problem is failure to meet the delivery deadline , the shareholder has the right to sue the company, demanding a penalty in accordance with the agreement. All other problems that impede the registration of housing are also resolved through the courts.

The developer may be required to assist in obtaining ownership rights and issue the correct documents . We are talking about a violation of the rights of a client who is faced with non-fulfillment of an official contract, so the court usually takes his side.

Under what conditions can you register ownership of an apartment?

When purchasing a new building, you may be faced with two design options:

the developer completed the facility without any difficulties and independently prepared the necessary documents that must be submitted to Rosreestr for registration;
The shareholder himself needs to collect the documentation, and after that only register the housing.

How to register ownership of an apartment? Watch in this video:

If the developer does not fulfill his obligations to the shareholders, then a penalty can be collected from him. To do this, first a claim is drawn up and sent to the company. If it is ignored by the company, then you can file a lawsuit. The registration process requires certain conditions to be met.

Condition 1 – completion of construction

As soon as construction is completed, the facility should be put into operation.

To do this, follow these steps:

the house is examined by a special commission;
it is determined whether it complies with various standards and requirements;
it is decided whether it is safe to use it for permanent residence;
If shortcomings are identified, the developer is given time to eliminate them.

Often, BTI workers, when examining residential premises, discover that the area of the apartments does not correspond to the square footage that was stated in the project. Under such conditions, it is necessary to resolve various financial disputes and disagreements, which will lead to changes in the cost of apartments.

Condition 2 – opening of the state registration process for a new building

As soon as the developer copes with all the problems, the facility is put into operation. Delivery is possible if all measurements have been carried out by BTI employees, and various disputes with government agencies and shareholders have been resolved.

Shareholders are given the necessary documents for registration, which must then be brought to the branch of Rosreestr and the MFC.

Required documents include:

statement;
DDU;
plan with explanation;
act of acceptance of residential premises;
receipt of payment of state duty in the amount of 2 thousand rubles;
a copy of the applicant's passport.

Property rights registration scheme. Photo: npfond.com

The number of documents may increase, for example, if registration is handled by a trusted person or an apartment is purchased using bank funds.

Condition 3 – the applicant must have rights to the apartment

The right can be confirmed by payment documents and those technical papers that are provided to equity holders by the developer. Additionally, a transfer deed is required. If at least one required piece of paper is missing, this will serve as grounds for refusal of registration.

State duty when registering ownership of an apartment under a shared participation agreement

The basic rule that every applicant needs to know when applying to the registration service is that the state fee is paid before submitting an application for registration of ownership of an apartment, otherwise the registrar will not accept the application with the remaining documents.

Only if the application is submitted electronically , the fee is paid after its submission, but before the documents are accepted for consideration.

If there are several future owners, then the fee is divided between them in proportion to their share in the ownership of the apartment.

The married couple P., their two adult children and the wife's mother, several years ago entered into an agreement for shared participation in the construction of an apartment building with the goal of subsequently purchasing a four-room apartment as common shared ownership of 1/5 share for each. After completing construction and putting the house into operation, the family decided to independently apply to Rosreestr to register ownership of the purchased property.

For performing this legal action, clause 22 of Art. 333.33 of the Tax Code of the Russian Federation provides for the payment of a state duty in the amount of 2000 rubles. Therefore, before submitting an application, each of the owners must pay the specified mandatory fee, in proportion to their share in the ownership of a four-room apartment, that is, 400 rubles.

pay the state duty at any banking institution, ATM, or in cash directly at the registering authority’s cash desk.

Methods for registering ownership in a new building

Registration of ownership is carried out when the builders have completed all the necessary work processes so that people can finally move into the building.
It is this point that is directly related to various legal processes aimed at the official registration of apartments. According to the Federal Law “On Registration and Recognition of Ownership of a House, Apartment and Transactions with Them,” owners of apartments in new buildings do not have any right to fully dispose of their real estate. Thus, they cannot sell or draw up a will for housing if it is not registered in their name.

In addition, without registration of ownership rights it is absolutely impossible to register in the purchased apartment

That is why it is worth taking care of registration in advance. Registration of ownership of an apartment in a new building is carried out in three possible ways - registration through developers, with the help of the court and independent registration:

Using the services of the developers themselves is the least troublesome option. Moreover, this is also beneficial for developers, because they always charge a certain fee for such a service. For property owners, this method is beneficial in terms of time spent on collecting and further processing of all documentation.

Absolutely any shareholder is given the opportunity to register his apartment through the court . As a rule, this method is resorted to only when developers deliberately slow down the registration process, based on their own interests.

The first document that implies an early appeal to the court is a claim sent to the developer and his official response to it.
Next, the owner certifies this with a signature and sends it along with the application to the court, having paid the appropriate state fee in advance. The court gives about 2 months for the owner to attract a legal specialist to assert his rights.

The least expensive, but at the same time more troublesome way is to register yourself . Moreover, developers often require a certain fee for the documents they provide. In addition, owners face numerous queues at government agencies, because our bureaucratic apparatus is directly related to serious temporary losses.

This procedure occurs faster at the moment when the developer independently registers the property for at least one apartment in the new building, since some general documents will already be verified by government services.

What is an equity participation agreement?

Expert opinion

Kuzmin Ivan Timofeevich

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

An equity participation agreement is a document concluded between a construction company and the future owner of the property. The equity holder undertakes to pay the agreed amount, and the developer, after construction and delivery of the house, transfers into ownership the buyer:

apartment;
room;
non-residential premises.

Changes since 2020

In 2020, there was a transition to a new type of financing for the construction of apartment buildings. Construction will be carried out with the involvement of funds from credit institutions. In fact, this innovation is the first step towards the complete abolition of the DDU.

From July 1, 2020, developers can raise funds from citizens only through the use of escrow accounts , which will be created for each of the shareholders. The DDU became a tripartite agreement between the developer, the bank and the shareholder.

On April 22, 2020, Decree of the Government of the Russian Federation No. 480 also came into force, which described the conditions under which the developer will be able to raise funds from equity holders without using an escrow account. The decision to introduce them was made in order to ensure timely completion of the apartment buildings already under construction.

Through the developer

Most often, the developer insists that the contract be registered through a company representative. This is because the registration procedure requires the presence of both parties . Given that there are at least several dozen shareholders, registration takes a lot of time.

The developer provides the shareholders with a sample power of attorney for signature, and thus the powers of registration are transferred to the company’s employees. The method is also convenient for shareholders, however, the service is paid. On average from 7 to 40 tr.

The developer does not have the right to impose paid services for registration of children's educational institutions - this is contrary to the legislation of the Russian Federation.

On one's own

In order to independently register a new apartment, you need to have a contract registered in the new building for the 1st apartment (the property has been registered). This is the responsibility of the developer (see above).

The shareholder will need to provide to Rosreestr:

Signed DDU.
Passport and its copy.
Receipt for payment of state duty.

The remaining documents will be in the hands of the developer’s representative, who will be present on the day of the visit. It is necessary to submit an application for registration of a preschool educational institution and obtain a receipt from a specialist of the registering authority indicating the date of registration.

After the designated waiting period has expired, the shareholder will receive an extract from the Unified State Register of Real Estate, which will indicate the new status of the registered agreement.

Consequences of delays in registering housing in a new building

It is best not to put off state registration of your own apartment, since delaying it threatens certain problems for the home owner and his family.

Firstly, the owner may have difficulties with registration records regarding the new place of residence . Thus, he will not be able to enroll his child in a kindergarten in the area where the new apartment is located, and will also not be able to receive any subsidies or enjoy benefits.

Secondly, in large cities, law enforcement agencies strictly monitor the registration of citizens . In addition, he will not be able to register his car or go to the passport office to obtain a foreign passport. Finally, the lack of registration of an apartment in a new high-rise building does not allow the owner to take out a loan from a bank.

Algorithm of actions of the future owner

Signing the DDU.
Inspection of the apartment and execution of the acceptance certificate. Receiving keys.
Choosing a method for registering ownership of an apartment according to the DDU.
Preparation of documents. Coordination of a visit to Rosreestr or MFC with a representative of the developer.
Submitting an application of the established form with documents attached to it.
Receiving a receipt indicating that the documents have been accepted for registration.
After 5-7 working days have passed, you must come for an extract from the Unified State Register and a copy of the DDU, which will be marked accordingly.