Application for state registration of real estate
The application for state registration of real estate is an extremely important document, because it is the state registrar that studies it first.
It is the application for state registration of real estate that is an order for the implementation of the state service of registering rights to apartments, houses and other real estate objects. It is in the application for state registration that the applicant - an individual or legal entity - describes what type of right and what object he is asking to register. That is, make a record of ownership (lease, operational management) in the Unified State Register of Real Estate. The contents of the article are detailed:
Write a letter to the Rosreestr for the Moscow region
Yesterday I received a letter from the Office of Rosreestr for the Moscow Region, in which it is written that a restriction (encumbrance) of the right has been imposed on the land plot that I own on the basis of clause 2 of Article 13 of the Federal Law of June 21 No. 122-FZ On State. registration of rights to real estate and transactions with it. There is a cadastral passport of the plot, a prohibition number and the name of the bailiff. What does this mean and what to do about it?
Sometimes all the circumstances are indicated and you can file a claim for compensation for material damage in the amount of 1,800 rubles. If you do not show yourself the section for signing a court decision in the clinic, then you can find out that the child can count on the investigator’s service, which will require the issuance of a certificate; submit evidence to the court that the violation has been corrected. In the same year, the recipient received a renunciation of Russian citizenship from him. This question has the right to file a counterclaim to determine the procedure for using this apartment. Sincerely,
Application for state registration of real estate
This document is a “technical specification” for the state registrar for making an entry in the Unified State Register of Real Estate.
An application for state registration of real estate is submitted in the same way:
- for registering real estate and making changes to the state real estate cadastre
- for registration of rights to real estate, transfer of rights from the seller to the buyer, encumbrance of rights and registration of arrests or other restrictions
And it is an entry in the registry that confirms all changes in rights.
In addition, the data from the application is automatically entered into the USRN record and into the Extract from the USRN, confirming the state registration of the right.
This means that all errors in the application will be repeated automatically everywhere!
An application will be prepared for you by a specialist from the document acceptance department of Rosreestr or the MFC. No one has canceled the human factor and that means mistakes are possible.
Therefore, your task is to very carefully check the application for state registration of real estate before signing, namely:
- Your personal data - last name, first name, patronymic, date and place of birth
- passport details
- Birth Certificate details if the transaction involves a child under 14 years of age
- power of attorney data if you are acting for another person
- address of the property and cadastral number
- what registration action needs to be completed
- in what shares the right is registered
If you still missed a mistake, and the registrar notices it, you will have to rewrite the application. That is, once again visit the MFC or the Department for receiving and issuing documents of Rosreestr.
Application for state registration of real estate sample
In order not to confuse anything, familiarize yourself with the application form for registration of rights in advance.
Download, print and study carefully.
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Greetings from the author of the site materials
I am glad to welcome you to my author’s website “Real Estate Transactions in Russia”.
My name is Slobodchikova Olga Dmitrievna. Since 2006, I have been supporting complex and very complex real estate transactions and am glad to share my experience and knowledge with you. I oversaw more than 1,000 transactions, in 250 of which, I went with the client all the way to registering property rights “hand in hand.” None of my transactions were disputed.
In only one transaction, my client lost the deposit, only because he himself postponed the purchase for a longer period due to family circumstances. But of course, I was warned about the non-refundability of the deposit until the agreement was signed and the money was transferred.
This site contains 335 of my articles, from which you will find answers to key questions about real estate transactions and property registration in accordance with the latest changes in laws and procedures.
All my recommendations for registration are verified by the experience of successful transactions and are aimed at preventing mistakes and financial losses. Follow step by step.
The site materials comply with the requirements of Federal Law-218 “On State Registration of Real Estate” as amended on August 2, 2019.
The site has been operational since August 2020. It has already been visited by more than 3,780,000 people, each of whom received the latest information on the correct execution of a real estate transaction, and almost half of the visitors returned to the site several times. This is a very high assessment of my work. Thank you.
The materials of these projects have been repeatedly tested and can serve you as a reliable source of up-to-date information, as well as practical aids when documenting a transaction yourself.
Be sure to go to the main page of the site - there are important articles with the latest changes.
I wish everyone a successful transaction. Get proven knowledge and don’t doubt your abilities.
Prosecutor's office
The appeal must be registered within three days from the date of its receipt by the organization. It is then reviewed within a month (30 days). As an exception, this period may be extended, but the author of the appeal must be notified in writing.
If he acts on behalf of an individual entrepreneur or legal entity, then his path lies in the arbitration court of the relevant entity.
In order for the filed claim to be accepted by the clerk, the document will need to be drawn up according to the principle of 3 parts (introductory, descriptive and demanding) and include in it:
- name of the court;
- comprehensive information about both parties (both the plaintiff and the defendant);
- information about third parties related to the case;
- description of the conflict;
- listing which laws and rights were violated;
- requirements;
- list of accompanying materials;
- date and signature.
It is worth going to the prosecutor's office when all the previous steps have been completed, but have not brought the desired results.
A well-drafted document will shorten the time it takes to resolve the problem.
The legislation establishes general requirements for processing applications:
- Mandatory indication of personal data (data of a legal entity) and contact information.
- Absence of profanity, insults and threats towards the participants in the conflict.
- The presence of the applicant's signature if the claim is submitted in paper form (for a legal entity, an imprint of the organization's seal is required).
If these simple requirements are violated, the application will not be considered.
According to the law, the period for consideration of standard appeals is considered to be approximately a month's delay (plus or minus a few days). The countdown begins from the moment of registration in a special journal. Registration must take place within three days after receipt of the letter by the addressee. Depending on the complexity of the situation described, the analysis and verification of the facts presented in the application lasts a little less or more than a month.
In addition, it is worth taking into account the mistakes of the applicant himself when determining the correct addressee for the application. If the recipient is not authorized to initiate an inspection based on a citizen’s message due to lack of proper competence, then he will necessarily forward it to the right place. However, such delays will increase the waiting period.
The appeal must be registered within three days from the date of its receipt by the organization. It is then reviewed within a month (30 days). As an exception, this period may be extended, but the author of the appeal must be notified in writing. Specifically, complaints are considered within fifteen working days from the moment of their registration in the institution that has the authority to consider them, unless this body has established a shorter time for studying complaints against Rosreestr employees.
We invite you to read Responsibility for xenon headlights
Appeals that have been registered are sent to the head and deputies of Rosreestr for a report, or are transferred directly to structural units for further consideration on the merits. If the appeal contains issues that are not within the scope of activity of this organization, then within a week from the date of its registration it is redirected to other government bodies of relevant competence with a covering letter, and the authors of the appeals, in turn, are notified in writing. Anyone can write a complaint to Rosreestr.
If the appeal does not contain the names of the authors and return email or postal addresses, then responses to them are not given. If the appeal contains information about the preparation, commission or already completed illegal act, as well as about the person who is involved in it, they are forwarded to law enforcement agencies with accompanying letters.
If the appeal contains offensive expressions or obscene words, threats to the health, property, or life of an official (and members of his family), then such a statement may remain unanswered, even if it raised substantive questions. The author of such an appeal is explained about his abuse of legal norms. For example, they often write complaints against the arbitration manager to Rosreestr.
If it is impossible to answer the question asked in the appeal without disclosing information considered a state secret or protected by federal law, then the author is notified of the inability to give an answer on the merits of the question asked due to the fact that it is unacceptable to disclose this information.
If the solution to the questions asked in the appeal falls within the competence of several state or municipal bodies or officials at once, its copies are transferred to the relevant bodies or government officials within a week from the date of registration. How long does it take to consider a complaint against a manager in Rosreestr? Let's look at this issue later.
Rosreestr has the right to stop correspondence with a citizen if he has been given substantive answers in writing several times (more than three), but only if new information and circumstances do not appear in the next appeal. The author must be notified of the decision made.
The response to the appeal must be sent in writing by mail or in electronic format by email in accordance with the data provided. A sample complaint to Rosreestr can be found online.
It is worth making an important note before starting a conversation about a complaint against Rosreestr. The prosecutor's office is a service that is responsible only for civil rights. That is why, if difficulties arise with contracts, documents, services and other aspects affecting the functioning of Rosreestr, it is worth contacting the management of this institution directly. In addition, some issues, such as the annulment of agreements, are dealt with exclusively by the court.
However, this does not mean that the prosecutor’s office is deprived of powers in disputes with Rosreestr, since the number of reasons for filing complaints is very wide:
- Transfer of citizen’s personal data by Rosreestr employees to third parties.
- Transferring a citizen's documents to someone without his permission.
- Carrying out a particular operation with a citizen’s property without his knowledge.
- Illegal manipulation of citizen documents.
- A citizen became a victim of fraud by an organization.
- Ignoring by the leadership of Rosreestr of previously sent citizen complaints on other grounds or responding in the form of an appeal containing insufficiently serious requirements regarding registration actions; especially if this concerns a complaint to Rosreestr about the actions of the manager.
- Failure to comply with the deadline for registering a citizen’s request for the provision of any public service.
- Deviation from the terms of service provision.
- Requiring from the applicant those documents that are not provided for by the regulatory legal acts of the Russian Federation for the provision of the relevant public service.
- Refusal of the organization to accept documents, the presentation of which is justified by official papers for the provision of any service; a complaint against the actions of Rosreestr will be fully justified in this case.
- Requiring the applicant to pay for a public service that is not provided for by regulations.
- Refusal to provide a public service on grounds not specified in federal laws and related legal acts.
- Refusal of the organization and its officials to correct errors and typos in an issued document providing any public service, or violation of the accepted deadline for such corrections.
Typically, the duration of consideration of a complaint against Rosreestr by the prosecutor’s office is thirty days. During this period, its employees can involve the citizen in various types of examinations and inspections, and request his documents. If all these requirements are met, the trial can proceed faster than thirty days. When the deadlines are exceeded without reason, this may become a reason for filing a complaint, but now against the prosecutor’s office itself.
There are also cases in which the prosecutor’s office, by law, has the right to extend the inspection period for another thirty days. But to do this, you need to draw up a special act, which should record the reason for the increase in time. The citizen who filed the complaint must be familiarized with this act. Sixty days is the deadline for the prosecutor’s office to consider a citizen’s complaint against Rosreestr. The review should culminate in a formal letter being sent to the complainant detailing the complaint.
So, you can file a complaint against Rosreestr. But how long to wait for the result? This will be discussed below.
Where to find the application form for termination of ownership
As stated above, application forms for registration of property rights were approved by Order No. 920. Based on the forms approved by the same order, applications for carrying out other registration actions with real estate objects are also drawn up. In particular, this form must be filled out for state registration of termination of the right to real estate.
IMPORTANT! The choice of form from 01/01/2017 no longer depends on the category of the right holder (individual, legal entity or government agency), since the unified form is now common to all specified entities.
The application for termination of ownership rights is filled out in a manner similar to the application for state registration of rights. Only in detail 6 “In terms of state registration of rights to carry out registration,” the corresponding item is checked.
All necessary explanations for filling out such an application (including depending on the method of submitting it to the registration authority) are set out in the Requirements for filling out application forms (Appendix 4 to Order No. 920).
You can find all the necessary application forms on the Rosreestr website. There is also a list of documents necessary for registering the right of ownership (we recommend that you read our other article on this topic - Documents for registering ownership of an apartment).
Application form for state registration of property rights in the MFC
The said application, submitted to Rosreestr through the multifunctional center, is submitted in accordance with the form approved by Order No. 920. Special forms have not been developed for each method of filing an application.
However, there are some peculiarities when filling it out:
- filling out details 2 must be carried out by an MFC employee;
- the method of receiving documents “In person at the MFC at the place where the documents are submitted” can only be chosen if the application and accompanying documents are submitted to such MFC (clause 16 of Order No. 920);
- The detail “Mark of the specialist who accepted the application and the documents attached to it” is filled in by the MFC employee who accepted the documentation (clause 26 of order No. 920).
IMPORTANT! If the documentation package is submitted through a personal appeal from the applicant both to the territorial division of Rosreestr and to the MFC, then detail 13 “Documents attached to the application” may not be filled in (see paragraph 22 of Order No. 920). However, the applicant must make sure that the documents submitted by him to the Rosreestr or MFC employee are reflected in the issued receipt (subclause 1, clause 17, article 18 of Law No. 218-FZ).
Where can I complain about Rosreestr?
Important! If the applicant’s appeal was not initially sent to the registration chamber, but was immediately received by the prosecutor’s office, then prosecutors within 7 days have the right to forward the complaint to the Rosreestr department to receive a response from the competent authority. Rule of law Contents Law No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” Procedure and terms for considering complaints and appeals Resolution No. 457 of 06/01/2009 “On the Federal Service for State Registration, Cadastre and Cartography” Responsibilities of Rosreestr employees Law No. 210- Federal Law “On the organization of the provision of state and municipal services” Requirements for filing an application, as well as its consideration Law No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” The procedure for considering complaints (appeals) for violations of the law
Please note => Utility benefits for low-income families in Nizhny Novgorod region
Application to the registration chamber
A court hearing was held to consider the plaintiffs' appeal filed against the decision of the city court in a civil case in the plaintiffs' claim against the defendant for recognition as having lost the right to use residential premises. The regional court upheld the appeal and decided to discharge the defendant. At the moment, the defendant has filed a cassation appeal against the decision of the appellate instance. The defendant asks not to carry out any actions with the residential premises.
Registration Chamber of the City District ________ Address: ______________________
from __________________________ Address: ______________________
Statement ____________ a meeting was held ________ to consider the appeal of the plaintiffs ____________ and ___________ filed against the decision of the __________ city court of the ______ region dated _________ in civil case No. ________ in the claim of ___________ and __________ to ________________ for recognition of the loss of the right to use residential premises at the address: ________________________. __________ regional court upheld the appeal and complaint and decided to discharge the defendant _____________ At the moment, I have filed a cassation appeal against the decision of the appellate authority. In this regard, based on the above, in order to ensure the requirements of the application in accordance with Art. 140 - 141 of the Code of Civil Procedure of the Russian Federation, I ask you not to carry out any actions with the residential premises located at the address: ____________________________
Useful video
Find out more useful information about the privatization of garages from the video:
Summarize. Privatization of the garage is necessary for you in order not to lose its invested funds in the event of alienation of the site for the needs of the municipality.
The process of registering ownership of a garage is quite troublesome, requiring a lot of documents, especially if the box was built without authorization. You will need to go through Rosreestr, Unified State Register, BTI and the Registration Chamber. In some cases, you will have to resort to the help of the court.
HOW TO SOLVE A LEGAL PROBLEM IN 3 STEPS
Fill out the feedback form. Describe your question in as much detail as possible in simple words. For a written response, please include your return email address.
Within a day, the lawyer will respond to you by email explaining the situation and recommendations on what to do next. In the final recommendations, the lawyer will tell you what documents need to be drawn up and their recipients.
After receiving a list of required documents from our lawyer, go to our free legal document archive and find the one you need. Insert personal data, postal details, recipient's address and send to its destination.
Where to get it?
This form is a form established by Order of the Ministry of Economic Development of the Russian Federation No. 920, which is the same for both individuals and organizations. It can be submitted to the registration authority both in paper and electronic form, if the person has an electronic digital signature.
You must first register for registration. This can be done by phone or online, through the official website or the State Services portal.
- Personally. The form, upon personal application, will be issued to the applicant by Rosreestr specialists.
The application template can also be issued at the MFC. However, there will be slight differences when filling out:
- The “Specialist Mark” is filled out by a Center employee, as is Requisite 2.
- The method of obtaining documents from the MFC is selected in the application only if all registration actions are carried out through the specified authority.
Letter to Rosreestr sample one of the best: Information letter to Rosreestr sample
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What should I include?
Information confirming the right to transfer ownership of real estate must be attached:
- documents identifying the applicant (passport, birth certificate, etc.);
- basis for registration (DCT, certificate of inheritance, privatization agreement, etc.);
- title document (if available - certificate of ownership, USRN certificate);
- an extract from the house register and a certificate from the housing and communal services;
- receipt of payment of state duty;
- additional certificates in connection with various circumstances (mortgage agreement, permission from the guardianship and trusteeship authority, etc.).
Registration requirements
The registration requirements are established by Appendix 4 of Order No. 920. The applicant is required to:
- neat and legible writing in the data (when filling out by hand);
- absence of corrections, cross-outs, abrasions (their presence is one of the reasons to freeze the procedure or refuse it).
A package of documents must be attached to the application. Rosreestr specialists reserve the right to require additional information.
If the application is not filled out in person at the specified authority or MFC, it must reflect the list of submitted certificates.
Documents containing more than 2 sheets must be numbered.
Content
The following information must be reflected:
- information about the registration authority;
- type of application (in this case, registration of property rights);
- information about the property (type (building or plot), cadastral number, characteristics, address);
- type of registration or transfer of rights (ownership);
- information about the copyright holder (full name, passport details, address);
- information about the representative, if documents are transmitted through him (passport details, power of attorney number);
- method of submission (in person, by mail, electronically);
- the body that carried out the transfer of documents (Rosreestr, MFC, on-site reception);
- method of obtaining a receipt for documents acceptance;
- list of attached documents (if the package is sent by mail or electronically).
Result of request processing
Making an entry in the Unified State Register of Real Estate
Making an entry in the Real Estate Register means that the registration of ownership has been successful. One copy of the basis document for the apartment and an extract from the Unified State Register of Real Estate, which will indicate the new owner of the property, are returned to hand.
- The person has not corrected the following comments, which caused the suspension of the procedure (Article 25) for up to six months:
- the incorrect format of electronic documents was submitted (only PDF and XML documents are acceptable);
- paper documents have corrections, erasures, blots, etc., or are seriously damaged;
- the state fee is not paid within 5 days after submitting the documents;
- the Unified State Register of Real Estate contains information about the impossibility of registering rights (a restriction or encumbrance has been imposed on the object that does not allow the alienation of the apartment);
- the applicant's signature is missing.
- Rosreestr discovered the obstacles listed in Art. 26 Federal Law No. 218. These include: contradictions between declared rights and already registered rights;
- the application was submitted by an inappropriate person;
- necessary documents are missing, etc.
Refusal to register can be challenged in court. In accordance with Art. 19 CAS RF, appeals against decisions of administrative bodies (which include Rosreestr) are subject to appeal in a district court, but only if the plaintiff is an individual.
Article 19 CAS RF. Administrative cases within the jurisdiction of the district court
Administrative cases subordinate to the courts, with the exception of administrative cases provided for in Articles 17.1, 18, 20 and 21 of this Code, are considered by the district court as a court of first instance.
State duty and payment procedure
A mandatory condition for carrying out registration actions regarding rights to real estate is the payment of the state fee. Its size is approved by Art. 333.33 part 1 clause 22 of the Tax Code of the Russian Federation, depending on the status of the applicant:
- 2000 rub. – for an individual;
- 22000 rub. – for a legal entity.
When submitting documents electronically (for example, through the State Services portal) and paying the state fee by non-cash method, individuals can receive a 30% discount (Article 333.35, clause 4 of the Tax Code of the Russian Federation), that is, the amount will be 1,400 rubles. The preliminary discount will be valid until January 1, 2021.
Read more: Documents for the sale of real estate by an individual
The costs of paying the state duty are borne by the person to whom the right to the property is transferred. In this case, the total amount for each applicant will be adjusted under different conditions of the transaction:
- If several persons apply, it is divided in equal shares among all applicants.
- When registering a share in common property (for purchase and sale transactions, donation, exchange) - it is calculated in proportion to the size of the share.
- When registering a share in common property (based on inheritance by law), it is paid in full.
Payment must be made no later than 5 days from the date of application. It is not necessary to provide a receipt (but it is still recommended to save it) (Article 18, paragraph 7 of Law No. 218-FZ), since the necessary information will be reflected in the State Information System on state and municipal payments. In the absence of such documents will be returned to the applicant without consideration.
In case of refusal to register the transfer of ownership after payment of the state duty, the latter is not subject to return (Article 333.40, paragraph 4 of the Tax Code of the Russian Federation). If you apply again for the same property, you will have to pay the fee again in full.
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
- via the form (below), or via online chat
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Giving real estate as a gift is certainly a generous and noble gesture.
But desire alone is not enough; there will be a trip to the authorities - and this is what many fear most.
And so much so that even the desire to give something disappears.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
You can find out about the pros and cons of a real estate donation agreement, as well as what is better to draw up: a donation, a will or a purchase and sale on our website.