State duty for registration of a share in half

Transaction procedure

Federal Law No. 214-FZ, dated December 30, 2004, is the main legal act regulating the procedure for share participation.

The document states that:

Legal features in the documentation

It is best to note in the documentation:

Specifics of the agreement

In order for the developer to be able to attract financial assets for the construction of a real estate property, he undertakes:

The developer is obliged to provide such documents to the potential shareholder.

Read about the pledge of claims under an equity participation agreement here.

Registration procedure in Rosreestr

After the parties enter into an agreement, it must be registered with the Rosreestr structures at the location of the new real estate property.

To do this you need to submit:

• Application for registration of an agreement: the standard form of the document can be taken directly from the registering structure;
• The shareholder's passport signed by the parties to the agreement. In the event that another person (representative) acts on behalf of the shareholder, you cannot do without a notarized power of attorney;
• A document certifying the fact of payment of the state duty;
• A project that contains detailed characteristics, a description of the purchased premises (non-residential or residential type);
• Pledge agreement - such a document is presented if the purchase of an object is carried out using credit funds under a mortgage loan;
• If the shareholder is officially married, the consent of the spouse certified by a notary is required. In certain situations, a prenuptial agreement may also be necessary.

Clause 2.1 of Article No. 25.1 of Federal Law No. 122-FZ establishes registration deadlines, which include:

Amount of state duty for registration of preschool educational institution

It is recognized as legitimate only when it is included in the Rosreestr list. The procedure for entering the DDU into Rosreestr indicates that the rights of the shareholder are now protected by the state.

The developer has the right, after registering the DDU, to attract funds from shareholders for construction. The basis for registration of the transaction is the package of documents collected by the shareholder, as well as the payment document confirming the payment of the state duty. Papers are provided directly to the territorial office of Rosreestr or to the MFC.

In addition, a pilot project is currently underway, which involves electronic registration of preschool education. The project was developed by Sberbank, and the service is valid only when applying for a mortgage in this financial institution.

It is important that payment should be made directly for the purchased object only after the DDU has been issued.

Before this, funds cannot be transferred to the developer.

The presence of a DDU without registration does not give the agreement due legal force.

List of documents to Rosreestr for registration of a child-care facility: power of attorney, agreement and state duty

Be prepared for suspension: Rosreestr will clarify the data.

The second and subsequent shareholders go through the procedure for registering a DDU much easier and faster.

Officials check the DDU received from them for compliance with previously registered information about the construction project. In order to register the first DDU for a new construction project, the developer submits the following documents to Rosreestr: a document confirming the ownership or lease of the land plot provided for construction; project declaration; building permit; a plan of the real estate object being created, indicating its location and the number of residential and non-residential premises included and the planned area of ​​each of these premises; a developer's civil liability insurance agreement or a surety agreement, as well as a document confirming payment under such agreements;

Payment of the fee for registration of an equity participation agreement

According to the law, it is believed that without the state registration procedure, the DDU has no legal force. This means that its terms and conditions will be considered invalid.

The amount of state duty is regulated by tax legislation, in particular Article No. 333. 33 of the Russian Tax Code (the amount of payment is determined).

At the same time, for legal entities and individuals, the amount to be paid differs slightly.

Payment of state duty in construction

Both the developer and the shareholder are obliged to pay the fee. The receipt, which is available in Rosreestr, is required for accounting, as well as for entering information into the general register.

Duty for legal entities (organizations)

The amount of the state fee for registration is determined in paragraphs. No. 30 of the first paragraph of Article No. 333. 33 of the Russian Tax Code.

For construction organizations or for developers (official agent) this payment is 6 thousand rubles.

Duty for individuals

For a similar procedure, individuals are required to pay 350 rubles.

If certain amendments need to be made to the equity participation agreement or other operations need to be carried out that require the corresponding entry to be made in the general register of rights to the property, the fee will have to be paid again.

In such a situation, its value will be equal for both enterprises and individuals - in 2019 it is 350 rubles.

List of documents to Rosreestr for registration of a child-care facility: power of attorney, agreement and state duty

Registration of an equity participation agreement is a labor-intensive and scrupulous process. Each document is critical and must meet legal requirements. We'll tell you what package you need to create before signing up for a deal with Rosreestr.

1. How is the first equity participation agreement registered by the developer?
2. List of documents for the equity holder: pitfalls
3. Price
4. Deadlines
5. Remember

Moreover, it matters whether the control agreement is registered for the first time for a given construction project or not.

What details do you need to know?

In order to obtain payment details, it is recommended to contact an employee of Rosreestral or read the information at a special information stand. It is permissible to take a ready-made version of the receipt form, which contains all the information to make the payment.

The plaintiff must enter information about himself, affix his signature, and the amount of payment.

Where possible, it is allowed to generate an online receipt.

To do this, you need to visit the official website of the company, choosing your region, in which the agreement will in fact be registered. While the system will generate other details automatically.

To generate a payment receipt yourself, you need to have the following information:

— The specific, full name of the recipient, for example, the Department of Financial Institutions of the Moscow Region;

- Budget classification code;

— Account number – at this stage you need to be as careful as possible, since the number consists of twenty numbers;

— The name of the banking institution in which the recipient has an account, as well as the BIC of this organization;

— Checkpoint, TIN of the recipient.

A package of documentation for registration can be submitted through the MFC or by personally visiting a branch of the authority.

In addition, each payer is required to note the following information about himself:

— Full name (in full); as for legal entities, it is necessary to describe its full name, in accordance with the constituent documentation, indicating the form of ownership of the company;

— SNILS number, address of temporary or permanent registration of the company;

— The purpose of payment, if the payment is made by a company, is indicated not just in words, but also through a special code;

— Date of payment, full payment amount;

— Personal signature — if the payment is made by a construction company, the payment order is certified by a person who has the right to do this, while the order is certified using the company’s seal.

How to terminate an equity participation agreement, see the article: Termination of an equity participation agreement.

Payment of the duty is made in banking structures, through Internet banking services or payment terminals.

Video: 214 Federal Law “On Shared Construction”. In simple words, the essence and changes of 2020

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Why register real estate rights?

In accordance with Art. 1 of the Federal Law of July 13, 2020 No. 218-FZ and Art. 8.1. Civil Code of Russia, registration of rights to real estate in Rosreestr is the only confirmation and proof of the existence of the right and ownership of real estate or other property to any person.

This means that it is not enough to have a purchase and sale agreement, a gift, a certificate of inheritance, etc. in hand - all these documents relate to the grounds for the emergence of property rights.

The rights to own, use and dispose of an apartment or other real estate can be fully realized only after state registration of the right.

The cost of registering ownership of real estate in Rosreestr for individuals is low and justifies the real costs of the procedure.

The amount of the state fee for registering property rights in 2020 is established by clause 1 of Art. 333.33 of the Tax Code and are:

• 2000 rubles - registration of rights to property in relation to individuals;
• 22,000 rubles - state duty for registering real estate by a legal entity;
• 350 rubles - for registration of rights to a land plot;
• 350 rubles - the cost of registering changes in the record of ownership of an apartment in the Unified State Register of Real Estate for an individual;
• 1000 rubles - making changes to the Unified State Register by organizations;
• 350 rubles - state duty for registration of an agreement for participation in shared construction (DDU) by an individual;
• 6,000 rubles - for registering a child-care center on behalf of a legal entity;
• and other amounts of state duty for registration of transfer of ownership and other actions with real estate provided for by the Tax Code; information is posted on the department's website.

In the classical sense, citizens are interested in the size of the state duty for registering ownership of an apartment without any nuances.

An important point: often when concluding a transaction for the purchase and sale of an apartment, the parties have many costs associated with registering rights and accepting and transferring real estate and money. It’s hard to imagine how much it costs to register ownership of an apartment. For example, if the parties, at their own discretion, decided to certify the contract with a notary (or they are obliged to do this by virtue of direct instructions in the law), then for this service you also need to pay a notary fee from 3 thousand to 100 thousand rubles (minimum and maximum amounts) In addition, there are costs for the technical and documentary work of the notary.