Where to register ownership of a house

What documents should an apartment owner have?

When buying an apartment, you need to make sure that the documents are so-called clean, that is, the property should not be burdened with tax debts, the documents must be genuine. Before signing a contract of sale, gift or exchange, the buyer has the right to request confirmation of their authenticity from the registration authorities. When visually checking a package of documents, you must pay attention to the date of registration of certificates and acts, the presence of all signatures with their decoding and clear imprints of all necessary seals; there should be no corrections or erasures on them.

Ownership of a house: documents for registration

When submitting an application to the Rosreestr institution or the Multifunctional Center to obtain a certificate of ownership, in some cases you may receive a refusal. The reason for this may be the submission of the application and the accompanying papers not by the owner of the land, but by another person who does not have a notarized power of attorney. Errors in the application and papers, incorrectly written names and surnames can also become a reason for refusal. You can submit the request again, but this wastes time, so it is better to carefully check all the data yourself.

Quite often, during state registration of ownership of a residential or non-residential building, the fact of an unauthorized structure is discovered, when a building on a land plot was built without first obtaining permission. In this case, it will be impossible to obtain a certificate of ownership of property until the country house is fully legalized.

26 Jun 2020 stopurist 664

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Certificate of ownership

From January 1, 2020, in accordance with paragraph 2 of the Requirements for filling out a certificate of state registration of rights to real estate, approved by Order of the Ministry of Economic Development of Russia dated December 23, 2013 No. 765 “On approval of the rules for maintaining the Unified State Register of rights to real estate and transactions with it, ..., forms of the certificate of state registration of rights and a special registration inscription on documents, requirements for filling out a certificate of state registration of rights and a special registration inscription, as well as requirements for the format of a special registration inscription in electronic form,” a new form of a certificate of ownership has been established.

We recommend reading: What to do if your house register is lost

Other documents

The most mysterious item in the list of technical documentation is “other documents”. The fact is that thanks to this clause, the list becomes essentially open; it can include any documents that have something to do with the management of apartment buildings. It is enough that the decision to include any of the documents in the technical documentation is made at the OSS by a simple majority of votes.

Minutes of the general meeting of owners of an apartment building
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Such an “additional” document could be, for example, an agreement with a contractor or even some internal document of the management company - a salary sheet or staffing table. Please note that if such a decision is made at the OSS and agreed upon with the MA, the document will be included in the technical documentation. This means that then the owners will have the right to get acquainted with it.

The management company has the opportunity to anticipate such developments even at the stage of concluding a management agreement : it is enough to simply add a closed list of documents to it, having agreed upon it with the owners. Then the owners will not have the opportunity to expand this list.

TOP 15 mistakes when drawing up control documents
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What does a certificate of ownership look like in 2019?

Rights to real estate in Russia since July 2020 are rights registered in the Unified State Register of Rights (USRR). This means that a record of registration of the right to a specific property of a specific person has been made in the Unified State Register. For example: Ivanov I.I. I bought an apartment in August 2020. Registration entry No. ... is entered into the Unified State Register of Entrepreneurs. on the ownership of Ivanov I.I. for apartment No.... at address...., area...., cadastral number......, etc. After registering the right to Ivanov I.I. will issue an extract from the Unified State Register, which will contain information about his registered right (in the example, this is property) to the corresponding real estate object, characteristics of the real estate object, information about documents - the basis of the arisen right (agreement, etc.), information about the registration record number rights in the Unified State Register and other information.

Recognition of property rights to housing

The issue of property is perhaps one of the main issues that determine the existence and development of human society. Most conflicts arise precisely because of the ability to own and dispose of this or that property.

Property rights are a set of legal norms that secure and protect the ownership of material goods by certain individuals and legal entities.

Property relations are regulated by the Constitution of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan, the Land Code of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan “On architectural, urban planning and construction activities in the Republic of Kazakhstan”, “On individual housing construction”.

When resolving cases of this category, the courts are also guided by the normative resolutions of the Supreme Court of the Republic of Kazakhstan “On some issues of application of legislation on the right of ownership of housing” No. 10 of July 9, 1999, “On some issues of resolving disputes related to the protection of the right of ownership of housing” No. 5 dated July 16, 2007, “On some issues of application of land legislation by courts” No. 6 dated July 16, 2007, “On some issues of application of inheritance legislation by courts” No. 5 dated June 29, 2009.

The Constitution contains two articles dealing with property (Articles 6 and 26). Which enshrines the basic, fundamental provisions on property and property rights, on the basis of which numerous and ramified property legislation has developed.

The main provisions on property rights are contained in the Civil Code of the Republic of Kazakhstan. Thus, paragraph 1 of Article 188 of the Civil Code of the Republic of Kazakhstan stipulates that the right of ownership is the right of a subject, recognized and protected by legislative acts, to own, use and dispose of property belonging to him at his own discretion. The code also enshrines the concepts of state and private property.

Private property acts as the property of citizens and non-state legal entities and their associations (clause 1 of Article 191 of the Civil Code of the Republic of Kazakhstan). Consequently, private property comes in two forms - the property of citizens and the property of non-state legal entities and their associations. Why we are talking here only about non-state legal entities is clear: property does not belong to state legal entities (state-owned enterprises and institutions), it is in state ownership, and therefore cannot be classified as private property.

In accordance with paragraph 4 of Article 188 of the Civil Code of the Republic of Kazakhstan, the exercise by the owner of his powers must not violate the rights and legally protected interests of other persons and the state. Violation of rights and legitimate interests can find expression, along with other forms, in the owner’s abuse of his monopoly or other dominant position.

The owner is obliged to take measures to prevent damage to the health of citizens and the environment that may be caused during the exercise of his rights.

Citizens mainly go to court with claims for recognition of the right of ownership of unauthorized buildings and due to acquisitive prescription. This category also includes claims for recognition of transactions as valid.

Claims for recognition of ownership of real estate objects are filed with the court at the location of the real estate object (exclusive jurisdiction is Article 33 of the Civil Procedure Code).

The requirement to recognize ownership of real estate is a property claim and is subject to a state duty of 1% of the value of the property for individuals and 3% for legal entities.

The legislator has clearly defined in which cases the right of ownership of unauthorized buildings can be recognized. Thus, Article 244 of the Civil Code, which was amended by the Law of the Republic of Kazakhstan dated April 27, 2012 No. 15-V, states that an unauthorized construction is a residential building, other building, structure or other real estate created on land that is not formed into land plots, owned by state, on a land plot that does not belong to the person who carried out the construction, as well as those created without obtaining permits required in accordance with the land legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities in the Republic of Kazakhstan and other legislation of the Republic of Kazakhstan .

A person who has carried out an unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the construction - sell, donate, lease, or make other transactions.

An unauthorized building is subject to demolition by the person who carried it out or at his expense, except for the cases provided for in paragraphs 3 and 4 of this article.

The right of ownership of an unauthorized structure may be recognized by a court for a person who has carried out construction on a land plot that does not belong to him, provided that this plot will be provided to this person in the prescribed manner for the placement of the erected structure.

The property right of a developer to an unauthorized construction on a land plot that does not belong to him, with the exception of lands owned by the state, may be recognized by the court if there is consent of the owner of the land plot with the payment of compensation to the latter, provided that the building complies with the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities .

The right of ownership of an unauthorized construction may also be recognized by the court for the person in whose legal use the land plot where the construction was carried out is located. In this case, the person whose ownership of the building has been recognized shall reimburse the person who carried it out for the costs of construction in the amount determined by the court.

The right of ownership of an unauthorized structure cannot be recognized for these persons if the preservation of the structure will entail violations of the rights and interests protected by law of other persons or will create a threat to the life and health of citizens.

Taking into account the socio-economic feasibility, an unauthorized building erected by a person on land plots (land not formed into land plots) owned by the state and not in land use is transferred to communal ownership with reimbursement of construction costs in the amount determined by the court.

When an unauthorized construction is carried out on a land plot located in the land use of state land users, taking into account the socio-economic feasibility, the unauthorized construction is transferred to municipal ownership with reimbursement of construction costs in the amount determined by the court from budgetary funds.

The right of ownership to an unauthorized structure can be recognized by a court on the basis of paragraph 3 of Article 244 of the Civil Code, while the law establishes the basic conditions under which recognition of rights to an unauthorized structure is possible: a person who has carried out construction on a land plot that does not belong to him, provided that this the plot will be provided to this person in accordance with the established procedure for the placement of the erected building.

The property right of a developer to an unauthorized construction on a land plot that does not belong to him, with the exception of lands owned by the state, may be recognized by the court if there is consent of the owner of the land plot with the payment of compensation to the latter, provided that the building complies with the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities .

The right of ownership of an unauthorized construction may also be recognized by the court for the person in whose legal use the land plot where the construction was carried out is located. In this case, the person whose ownership of the building has been recognized shall reimburse the person who carried it out for the costs of construction in the amount determined by the court.

In judicial practice, citizens often file such claims, while erecting buildings, arbitrarily changing the intended purpose of the land plot. In such cases, the court refuses to satisfy the plaintiff’s demands.

The Civil Code of the Republic of Kazakhstan imperatively establishes the rules for acquiring ownership of a newly created thing. According to Article 236 of the Civil Code, the right of ownership to buildings, structures, other property complexes under construction, as well as other newly created real estate arises from the moment the creation of this property is completed. If legislative acts or an agreement provide for the acceptance of completed construction projects, then the creation of the corresponding property is considered completed from the moment of such acceptance.

The ownership of a newly created real estate object is subject to registration on the basis of the acceptance committee’s act on putting the object into operation. This act certifies not only the legality of the construction, but also the compliance of the erected buildings with the rules of construction and operation, and safety.

According to paragraph 12 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated July 16, 2007 “On some issues of resolving disputes related to the protection of property rights to housing” for an unauthorized residential building located on an illegally occupied land plot and built without obtaining the necessary permits or in violation of town planning and construction norms and regulations, the acquisitive prescription established by Article 240 of the Civil Code does not apply.

Article 240 of the Civil Code regulates the recognition of property rights by virtue of acquisitive prescription. According to this norm, a citizen or legal entity who is not the owner of property, but who in good faith, openly and continuously owns either his own real estate for seven years, or other property for at least five years, acquires the right of ownership of this property (acquisitive prescription). It should be noted that the Law of the Republic of Kazakhstan dated July 22, 2011 “On amendments and additions to some legislative acts of the Republic of Kazakhstan on housing relations” introduced changes to part one of paragraph 1 of Article 240 of the Civil Code of the Republic of Kazakhstan, namely the word “fifteen” replaced by the word "seven". That is, the period of continuous ownership of property has been reduced.

Before acquiring ownership rights to property, a citizen or legal entity that owns it as their own has the right to protect their possession against third parties who are not the owners of the property, and who do not have the right to own it due to other grounds provided for by legislative acts or contract.

A citizen or legal entity who refers to the prescription of possession can add to their possession the entire time during which the person whose legal successors they are owned this thing.

At the same time, there are facts when plaintiffs incorrectly apply to the courts with claims for recognition of property rights, due to acquisitive prescription.

The basis for refusing to satisfy the claims was that, according to Art. 240 of the Civil Code, a person must acquire property, but from the circumstances of the case it is established that the plaintiff lived and lives in the specified apartment, which belonged to his deceased father. The plaintiff justified his claims by the fact that he is the heir to the property that was left behind by his father.

According to paragraph 2 of the Commentary to the Civil Code of the Republic of Kazakhstan, acquisitive prescription applies to cases of actual ownership of property and therefore does not apply to cases where ownership is carried out on the basis of any legal title, for example, on the basis of a long-term lease agreement, etc.

Consequently, the right of ownership of a share in an apartment belonging to the deceased father cannot be a basis for recognition due to acquisitive prescription.

Also, citizens, when filing claims in court for recognition of the right of ownership of real estate due to acquisitive prescription, erroneously indicate that a transaction for the purchase and sale of real estate took place between the parties, which was not properly formalized. I believe that in this case such claims cannot be satisfied, since demands should be made to recognize the transaction as valid.

Moldybaeva A.E.

Judge of the Almaty District Court of Astana

Notes

1. ↑ 1 2
   Meeting of the Government of the Russian Federation on May 28, 2015,
   Government of the Russian Federation
   (05.28.2015).
2. The RHD Foundation was liquidated, its powers were transferred to the Unified Institute for Development in the Housing Sphere (09/01/2016).
3. The Housing Mortgage Lending Agency has changed its name to “DOM.RF”, TASS
   (03/05/2018).
4. Kommersant
   . DOM.RF will take a mortgage under the roof (12/05/2017).
5. A new General Director of the Agency for Housing Mortgage Lending has been appointed, Ministry of Construction of Russia
6. Banks in the Russian Federation issued mortgage loans in the amount of 613 billion rubles in January-November 2011 - AHML, Prime agency
7. Alexey Lossan.
   Universal stimulant. "Kommersant" (October 22, 2012). Retrieved November 29, 2013.
8. Charter of JSC AHML (inaccessible link - history
   ). Archived from the original on May 1, 2020.
9. ↑ 12
   Federal Law of the Russian Federation of July 13, 2020 N 225-FZ “On promoting the development and increasing the efficiency of management in the housing sector and on introducing amendments to certain legislative acts of the Russian Federation.”
10. AHML plans to develop the mortgage segment in the secondary housing market and pay attention to the securitization of the pool of mortgage loans, Proestate.ru
    .
11. RIA Real Estate (02/26/2016).
12. The Council of the Foundation for the Unified Institute for Development in the Housing Sphere approved a program to create a favorable environment.
13. Passport of the priority project “Mortgage and rental housing”.
14. Passport of the priority project “Formation of a comfortable urban environment.”
15. Interfax Real Estate
    . The AHML Supervisory Board approved a new strategy for a unified development institution until 2020 (12/05/2017).
16. Development strategy of the Unified Institute for Development in the Housing Sphere - JSC "DOM.RF" for the period 2016–2020
    . dom.rf.
17. Banki.ru
    . ​AHML became a shareholder of Russian Capital (December 26, 2017).
18. BFM
    . AHML was renamed JSC DOM.RF (03/05/2018).
19. AHML: conductor of the mortgage market, ipocredit.ru
20. Mortgages increased in January, Kommersant
    .
21. Mortgage rates have fallen to pre-crisis levels, Vedomosti
    .
22. Mortgages in Russia: from aggressive growth to a mature market in 15 years | RIA News
23. On the Rules for providing subsidies to Russian credit organizations and the Agency for Housing Mortgage Lending to compensate for lost income on issued housing (mortgage) loans.
24. Rates on housing loans returned to the level of 2014 // RBC.
25. Interfax Real Estate.
26. Results of 2020: The Russian bond market as the main beneficiary of low inflation, Interfax
    .
27. The AHML factory produces the first product, Kommersant
    .
28. AHML and Sberbank closed the largest deal on the Russian securities market.
29. Meeting of the State Council on the development of the construction complex and improvement of urban planning activities.
30. About 70 thousand m² of rental housing is in the portfolio of AHML, Interfax Real Estate
    .
31. Russia 24.
    Dom.RF: the necessary land. Special report by Georgy Podgorny.
32. RNS
    . AHML plans to involve 3.2 thousand hectares in housing construction in 2017 (04/12/2017).
33. RBC Real Estate
    . Cooperatives in a new way: what is a housing cooperative with state support (12.12.2016).
34. Russia 24.
    Dom.RF: standards of the future. Special report by Arseny Molchanov.
35. The “Environment for Living” forum will be held on May 18-19 in Kaliningrad, RIA Real Estate
    (05/18/2018).
36. The third forum “Environment for Life” will be held in Kaliningrad in May, Lenta.ru
    (12/07/2017).
37. RIA Real Estate
    . Two regions received land from AHML to solve the problems of defrauded shareholders (12/11/2017).
38. RNS
    . Men spoke about the main provisions of the strategy for the development of the housing sector until 2025 (12/20/2017).
39. Kommersant
    . Vladimir Putin signed a new “May decree” (05/07/2018).
40. Government of the Russian Federation.
    The President signed the Decree “On the national goals and strategic objectives of the development of the Russian Federation for the period until 2024” (05/07/2018).
41. TASS
    . May Decree - 2020 (05/07/2018).
42. Interfax Real Estate
    . The average mortgage rate has remained below 10% - AHML (01/12/2018).
43. Kommersant
    . The issuance of mortgages in Russia in January-May increased by 75% - to 1.08 trillion rubles (06/20/2018).