Certificate of state registration of rights to a land plot: definition
A certificate of ownership of a land plot is a document of title that states the status of the owner of the corresponding plot (how to recognize or find it?), in favor of the person indicated in the document. Issued on the basis of registration of land ownership, after a property transaction or re-registration of the allotment:
- as a result of privatization;
- as a result of the ransom.
The issuance regulations are based on the Federal Law on the State Real Estate Cadastre (GKN), dated July 21, 1997, No. 122-FZ. All rules of the registration procedure are regulated here, with the transfer of the right to issue Certificates to regional municipalities.
Why is it needed?
A certificate of registration of a land plot (a sample is available for download below) is required to confirm ownership in various situations (more about documents confirming rights).
The main requirement is the presentation of this document with the participation of the landowner in property transactions or when drawing up a will and the entry of legal successors into inheritance according to the law.
If the loan acts as a collateral, banks also require the provision of this document.
Privatization of a summer cottage in 2020: where to start registration
The process of registering a dacha plot as personal property was very difficult for ordinary people. Therefore, on September 1, 2006, Federal Law No. 93, widely known as the “dacha amnesty,” came into force.
What documents are needed to privatize a summer cottage?
- the plot is provided only to a person who is a full member of a gardening or dacha cooperative;
- the right to privatization can be exercised regardless of when the applicant became a member of the specified partnership or cooperative;
- Property can be privatized only if the dacha cooperative received it into its ownership before October 30, 2001;
- there is no provision for the possibility of privatization of any plots that have been withdrawn from circulation or limited in it.
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During the period from 01/01/2020 to 07/01/2020, it was possible to obtain a certificate in any of two forms (on a form with watermarks or on plain paper), as well as an extract from the Unified State Register equivalent to a certificate. This time is called an intermediate stage and both forms of the document are considered valid.
Varieties of forms
The general information that is required to be included in the document is unified and common to all registration authorities. These include:
- copyright holder data;
- information about the memory;
- the emergence of ownership of the memory;
- information about the registration authority.
A certificate of registration of ownership of a land plot is issued on a form approved by a local act of the regional administration. They may vary in appearance in different regions. But a single Subject of the Russian Federation on its territory issues only Certificates of the same form - both in the regional center and in regional settlements. However, not all of them draw up the document on paper with security marks. This is not a mandatory requirement and does not affect the legal validity of the document.
on whose territory the storage facility is located is indicated in the upper part Certificates containing similar information must be identical. But here, too, differences may appear if the next administrative decree of the region approved a new form of the Certificate.
In this case, you should consider the date of approval of the form, which should be indicated in small print at the bottom of the document.
ATTENTION! From January 1, 2020, the form of the certificate has changed. Now it has this form:
New certificate form (front side)
New certificate form (reverse side)
Before January 1, 2020, it looked like this:
Old form
More information about the relevance of the forms can be found on the Rosreestr website.
DOWNLOAD FOR FREE!
What does a certificate of ownership of an apartment look like?
Experts come to the conclusion that the presented innovations will make it possible to reduce the risk of transactions by fraudsters who easily forge documents or use old invalid forms. For those citizens who did not know what the document looked like, this was a real problem.
The owner's right to real estate is necessarily recorded in Rosreestr. However, in some cases, confirmation of legality at the time of registration of the transaction requires the presence of a document. The extract from the Unified State Register has an unlimited validity period, however, before concluding an agreement, it will need to be updated. This is carried out in order to confirm the fact that the property belongs to a certain individual, and it has not been transferred to third parties since the certificate was issued last time. According to the new procedure for preparing papers for the owner, any problems with collecting a package of documents should not arise. The only thing that citizens of the Russian Federation will face is the need to pay state duty. It will be forfeited as payment for the preparation and issuance of the official title deed.
How to act in unusual cases
If you purchased the plot before 2001.
In 2001, amendments were made to land legislation. If you purchased land earlier and at the same time did not formalize your rights as an owner, you must obtain a cadastral passport before contacting Rosreestr and the MFC. To do this, submit an application and pay for the services of a cadastral service employee. The procedure is available in areas with land surveying. The period for issuing a passport is 10 working days, but in a number of regions, due to the workload of registrars, the waiting period increases and is negotiated individually.
Registration procedure: step-by-step algorithm, required papers
Before re-registering a plot, you should know that the agreement on the transfer of rights must be drawn up in three original copies. The text itself should say that the third copy of the agreement is intended for Rosreestr. At the moment the application for the issuance of a Certificate is accepted, in front of the parties to the transaction, it will be stitched to prevent forgery or substitution of sheets.
The step-by-step instructions should look like this:
- Payment of state duty. This stage precedes the filing of an application. Enrollment details are issued on site at the MFC. At the stand in Rosreestr you can see and rewrite them for payment. The cost of this service is 2,000 rubles. The original payment invoice must be attached to the application. If the transfer was made through the bank in advance, you can keep a copy of the receipt.
- Drawing up an application. This action is performed by an employee in the window where information is submitted for issue. The basis for filling out is all the attached papers, starting from the passports of the parties.
- Applications. The following must be attached: an old certificate, a cadastral passport of the plot (if the boundaries were clarified, then an addition to the passport is also attached); receipt for transfer of deposit or advance payment; a receipt confirming that there are no claims regarding the amount and timing of the transfer.
After all documents have been copied, the parties will be given receipts with the service registration number. This information will be useful in the future.
Clarification of difficult points
If a person has lost the Certificate, then you can apply for a duplicate. The procedure for restoring a document is similar in place to the initial registration.
However, on the spot, the application indicates loss or damage as grounds. There are no penalties.
Moreover, with the replacement of the Certificate for extracts, extracts from the Unified State Register of Real Estate are issued completely freely and without additional costs.
If we are talking about the ownership of an apartment building, then it should be borne in mind that there is no need to obtain a Certificate for your square meters of adjacent territory. They are calculated in proportion to square meters of private property and do not have strictly defined boundaries.
The template for a duplicate certificate that is replaced due to loss should look similar with the only caveat: the “Duplicate” stamp is affixed in the left corner. There is no need to register an additional entry in the registry; however, there will be a note indicating that the owner has decided to exchange the original for a duplicate.
Certificate of state registration of property rights
A certificate of state registration of property rights is no longer issued (since July 15, 2016). It was abolished as unnecessary.
The certificate of state registration of property rights was issued as a title document, that is, this document confirmed the information entered in two registers - the Unified State Register of Rights (Unified State Register of Rights - operated until 01/01/2017) and the State Property Committee - the state real estate cadastre. On January 2, 2017, these registers were merged into the Unified State Register of Real Estate.
- When making changes to the Unified State Register and State Tax Code, the law did not oblige the owner to change the Certificate of State Registration of Rights!
For example: The spouses divorced and one of them divided the jointly acquired property in court, since the apartment was registered in the name of one of them. Based on the court decision, he registered shared ownership.
And the old certificate of ownership remains in hand! That is, in fact, the person now owns 12 shares in the right of common shared ownership, and presents the buyer with a document confirming sole ownership.
That is, on the date of issue it contained reliable information, but after some time it became unreliable. To exclude any kind of fraud, it was canceled.
And from January 2, 2017, the only evidence of registered ownership is a record of this in the Unified State Register of Real Estate.
-How can you find out if there is such a record or not?
-Receive an electronic extract from the Unified State Register of Real Estate.
- Also, certificates of ownership issued before 05/01/2005 contain unreliable information about the area of the apartment, since previously the area of loggias and balconies was added to it with a reducing factor.
What does a document that confirms land ownership look like?
Since June 2020, the appropriate title document is only an extract from the state register of the Unified State Register (USR). If the owner applied for registration before this point, he will have a certificate of title in his hands. This document retains its legal significance; there is no need to apply for a replacement. The replacement of the certificate with an extract from the Unified State Register will occur upon the first subsequent application to the registration authorities. If the testator or heir changed their last names, then, in addition to the documents provided, it is necessary to additionally provide a copy of the marriage certificate or other document confirming this action. Conclusion The presence of pre-prepared documents can greatly facilitate not only the maintenance of the dacha, but also the completion of legal transactions with its participation. This will also significantly reduce the time required for all operations, such as purchase and sale, donation or inheritance. In order to be completely sure that the land belongs to him, the owner can privatize the plot. This is especially true for plots owned by SNT. At the moment it is known that the simplified procedure for transferring a dacha into private hands has been extended for another 3 years. It can be used by citizens who own unregistered lands or buildings.
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Reasons and procedure for re-registration
There are several reasons for re-registering land to another owner. The main ones are: Gratuitous transfer - donation - the simplest option that does not require the provision of a large number of papers. A deed of gift is drawn up by a notary, usually in favor of a close relative. This is done much faster, without the cost of taxes and duties, because such a transaction does not provide profit. Most often, parents give their children land suitable for agricultural work. Here there is a benefit for both the donor and the recipient. The first one can cancel the deal during the paperwork period, and for the second one, such property will not be divided during a divorce. Gift to a minor relative - transfer of property to a child under 14 years of age implies exclusively the execution of a deed of gift. When re-registering, the donor must confirm the absence of any encumbrances on the site, debts, credit, collateral, and payment of all taxes. Inheritance – can be based on a will or by legal division. Re-registration occurs only 6 months after the death of the previous owner. During this time, you must officially declare your legal rights to inheritance. Relationship must be documented. Privatization is the transfer of land into the private ownership of the owner. Here, the consent of the spouse and other co-owners of the property is required, and their registration as co-owners. In terms of documentation, the list is standard, only it should be accompanied by written consent for re-registration from the spouse and other co-owners of this plot. If you have incapacitated relatives or children, you will have to apply for approval from the social service or guardianship authority.
What does a certificate of land ownership provide and what changes have been made to the law
Who owns the plot you are using? Is it yours or municipal? What documents confirm your rights? What should be left on hand after the privatization of the plot? How to check the ownership of your land through Rosreestr? Is the pink land title still valid?
What does the new document for your right to own the plot look like? At the moment, the main confirmation is an extract from Rosreestr. You will receive it after registration; you can re-order the certificate at any time. Such a certificate contains extensive information about the plot and its owner.
