Registration of property rights has been suspended, what to do?

By law, every homeowner must officially register that he has such a right. At the moment, only one government agency can carry out such registration - Rosreestr.

Registration is carried out on the basis of providing the registrar with a package of documents confirming that the applicant has the right to use and dispose of real estate.

The legislation identifies several cases in which the registration procedure may be suspended.

Why register property

According to the norms of civil law, the owner is the real and full owner of real estate only after this fact is confirmed by the relevant government agency.

In the absence of registration of ownership rights, a person can use the property, but does not have the right to carry out any legally significant actions in relation to it.

Grounds for suspension

1. Providing an incomplete package of documents. The most common reason why the procedure for registering ownership of a property is suspended is the provision by the applicant of an incomplete package of documents. According to the law, even if a person provides documents incompletely, the specialist must still accept them, but at the same time stipulating the deadline within which the missing papers must be submitted. The specialist accepting the documents is obliged to receive them from the applicant. But only the registrar can decide how complete the submitted package of papers is. In some cases, the registrar has the right to request the provision of additional documents that are not included in the list of standard papers for processing the transfer of ownership.
2. Identifying errors. If in the contract the full name of one of the parties to the transaction is spelled out in error, there are shortcomings in the description of the location of the property or other inaccuracies, the registrar has the right to suspend the registration procedure. If errors were found in the documents for registration of ownership, they will have to be redone.
3. Fact of double sale. As a rule, double sale fraud occurs when submitting documents through Multifunctional Centers. Documents from this institution are received by Rosreestr within one day, and during this time the fraudsters manage to carry out several more transactions in relation to the same property. Of course, later this fact is revealed by the registrar, and all transactions are suspended. But in practice, all legal proceedings last a very long time, and it is not always possible to recover the money spent.
4. Litigation. If an encumbrance is imposed on a property, no one has the right to carry out transactions to alienate it. Therefore, when completing a transaction, it is important to make sure that no restrictions are imposed on the property and that there are no legal proceedings in relation to it.
5. Suspension initiated by one of the parties. Any participant in a transaction has the right to suspend its execution by writing a corresponding statement. At the same time, it is not at all necessary to provide justification for your decision. Most often, such a document is submitted by the seller. Upon receipt, the registrar suspends the transaction and notifies the buyer of the received application. If no repeated applications are received within the period specified in the document, the registrar has the right to either continue processing the transaction or refuse to carry it out.
6. The presence of a ban. This option is another common method of fraud. The owner of the property establishes that only he has the right to sell it, but at the same time issues a general power of attorney for this property to someone. The buyer and the lawyer can only find out that such a transaction is illegal and cannot be registered after sending the case to the registrar.
7. Death of a salesman. If during the transaction for the transfer of ownership of real estate, the seller dies, then the property belonging to him passes to the heirs. The buyer, accordingly, is left without real estate, and sometimes without money.
8. Non-payment or incorrect payment of state duty. Providing a document confirming payment of the state fee for the provision of this type of service is now not mandatory. Therefore, the registrar checks the availability of payment only upon receipt of a complete package of papers for registration. In the absence of payment of the state duty, registration is suspended.

Notice of suspension decision

There are cases where the reason for the suspension has nothing to do with the buyer and seller. When conducting registration, Rosreestr independently requests some information from government agencies as part of interdepartmental interaction. It happens that these organizations simply did not have time to provide the necessary information on time, and then registration is suspended. When information about an object in the documents submitted for registration does not correspond to the data contained in the Unified State Register of Real Estate (USRN), this is also a reason for suspending registration actions.

The period of suspension may vary depending on the specific case. Federal law establishes the following general requirements:

1. Registration may be suspended until the reasons that caused the suspension are eliminated, but not more than for 3 months. Practice shows that the applicant is usually given one month to collect missing documents or correct inaccuracies.
2. The law allows one month to receive information from other departments at the request of the registration authority.
3. If the registered real estate is the subject of a legal dispute, has been seized by a court or has other restrictions, the suspension of registration lasts until the dispute is resolved or the restrictions are lifted.
4. The suspension of registration at the request of the applicant is provided for in a separate article in federal law. It notifies that in such cases registration can be suspended once and for no more than six months, i.e. 6 calendar months. The specific deadline must be indicated in the submitted application. If there is no such indication in the application, then registration is suspended for 6 months by default.

So, when does a Rosreestr employee have the right to suspend registration? The State Registration Law considers the following grounds sufficient:

• a person considered to be the owner of real estate does not actually have ownership rights to it;
• a citizen or organization not authorized to do so applies for registration;
• the declared rights to the object contradict existing ones;
• rights to a specific object cannot be registered due to the requirements of Russian legislation;
• an incomplete package of required documents has been submitted to the registration authority;
• the submitted documents are not genuine, unreliable, do not comply with legal requirements, or were signed by persons who do not have the right to sign them;
• the documents themselves or information from them requested by Rosreestr have not yet been received from other departments, or the absence of such documents in these departments has been established;
• To register the right to a specific object, documents have already been submitted earlier, and no decision on them has yet been made;
• title documents for this object are missing or were previously declared invalid or void by the court;
• the real estate object, the rights to which are required to be registered, is in fact not such an object;
• it turns out that the property has been seized by court or has other restrictions;
• The property is currently being disputed in court.

The agreement for the purchase and sale of real estate comes into force upon completion of state registration. Therefore, until this moment, the law does not require the parties to the transaction to transfer any funds. Moreover, the registration requirement greatly reduces the risk of fraud.

When purchasing real estate, it is important to make sure not only that there are no encumbrances placed on it, but also that there are no legal proceedings regarding it.

Online ordering of extracts from the Unified State Register of Real Estate on the characteristics of the property and copyright holders, and on the transfer of ownership of the apartment.

Let's look at the reasons for suspending registration. When is registration of property rights impossible in the opinion of the legislator? The law specifies 59 grounds for suspending registration of property rights.

As statistics show, the process of registering ownership of real estate does not always go smoothly. There are reasons contributing to the suspension of this process. One of the most popular reasons is the lack of required papers in the documentary package.

Features of the procedure

Registration of land

There are several reasons why the registrar has the right to suspend the registration of the transfer of ownership of a land plot:

1. The property does not have the required description (for example, there is no information about the characteristic points necessary to establish boundaries).
2. Information from the cadastre was superimposed on another property.
3. The boundaries of the site are incorrectly agreed upon.
4. The boundaries of the site went beyond the boundaries of the populated area.
5. The size of the plot does not comply with the norms specified in the legislation.
6. The area of ​​the plot does not correspond to the data contained in the title documentation.
7. The site consists of lands belonging to various categories.
8. The area of ​​the allocated share of the site differs from that specified in the project by more than 10%.

Registration of mortgage transactions

In general, transactions involving mortgage funds are subject to the same reasons for suspension as regular transactions. There are only a few exceptional cases:

1. The presence of a legal dispute regarding this property.
2. There is a ban on performing legally significant actions with this property.

A special feature of the procedure for registering ownership of property acquired with a mortgage is the impossibility of suspending it at the request of one of the parties. All parties to the transaction need to come to an agreement, plus additionally enlist the support of the bank.

Suspension of registration of property rights for transactions involving mortgages

Mortgage transactions are subject to the general grounds for suspension of registration, however, paragraphs. 36, 37 hours 1 tbsp. 26 Law No. 218-FZ provides for a separate case for suspending state registration when:

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• there is a legal dispute regarding real estate that is the subject of a mortgage or
• when the dispute is about the imposition of a penalty on such real estate;
• the registration authority has received a decision to seize the property;
• There is a ban on performing actions with the property.

Important! A characteristic feature of the suspension of registration for transactions related to mortgages is the inability to suspend it at the request of any of the parties (clause 5 of Article 30 of Law No. 218-FZ).

This will entail the suspension and appointment of a temporary administration to manage a financial organization in cases where it acts as a party to the transaction and such appointment occurs before a decision is made to register rights.

The grounds for appointing a temporary administration of a financial organization are specified in Art. 183.5 of the Law “On Insolvency (Bankruptcy)” dated October 26, 2002 No. 127.

Procedure upon receipt of notification

Registration renewal deadlines

If the reason for suspending the registration procedure was the absence of one or several documents at once, then registration of real estate will continue immediately after the applicant provides all the missing papers or eliminates other violations committed by him.

If the reason for the suspension was a statement received from one of the participants in the process, then the restoration period directly depends on it. To do this, a person must contact Rosreestr or the MFC with an application, which contains a requirement to resume the procedure for registering the transfer of ownership of a real estate property.

Eliminating reasons for suspension

After a person understands the exact reason for the suspension, he must eliminate all the shortcomings. You can do this in two ways:

1. If the violation was committed by the applicant himself. For example, there are missing documents or the state fee has not been paid. In such a situation, a person must eliminate the shortcomings, after which the procedure for registering property rights will be resumed.
2. The second situation is the need to verify all documents received from the applicant through other government organizations. In this case, the person will not have to do anything, since nothing depends on him. You just need to wait until the end of the test and get all the results.

Duration of suspension

The periods for which the procedure for state registration of rights to real estate is suspended are specified in the legislation. As a rule, suspension is assigned for the period of time during which the person can eliminate the violations or inconsistencies. The maximum period of time allotted for this is 3 months.

In some cases, the stated maximum periods may differ, for example:

1. If there is no response to the registrar's request transmitted through interdepartmental channels, the suspension period is 1 month.
2. When selling a share in the ownership of real estate, the registration procedure may be suspended for a period of up to one month from the moment the seller sends a notification to other participants in shared ownership.
3. If there is a legal dispute regarding real estate, the period of suspension of the registration procedure may be indefinite, until the court makes its decision.

At the end of these periods, two scenarios are possible:

1. The registration procedure will be resumed.
2. Registration will be suspended.

Apartment in a package

This year, only less than one percent of all applicants were refused registration of real estate - land, houses, apartments, dachas. This is a very small number.

Now Rosreestr is summing up how it implements the so-called target model - “Registration of ownership of land plots and real estate objects.” This is a complicated name for a state program approved by the government to improve the investment climate in the regions. In this regard, the department reported in detail how many suspensions and refusals there were in real estate registration for January - September 2018.

Let us remind you that a suspension in the registration of real estate occurs when the necessary documents are incompletely or incorrectly collected and executed. Then Rosreestr officially announces that registration is suspended until the citizen collects the necessary papers and corrects the errors.

Well, the department’s refusal means that it is simply impossible to register the same apartment or dacha, and Rosreestr’s explanation of why follows. So, this year, on average in Russia, the share of suspensions during registration was 2.97 percent, and refusals - 0.71 percent.

Last year, the numbers were much higher: suspensions during registration of rights were 4.93 percent, and the percentage of registration refusals was 1 percent.

The target model in question established a reduction in the share of suspensions during registration of rights to 5.8 percent, and refusals to one percent, by the end of this year.

It follows from this that the figures announced by Rosreestr are even better than expected. It turns out that based on the results of 9 months of 2020, in Russia as a whole and in most regions, the so-called target values ​​for the share of suspensions and refusals during registration of rights have already been achieved.

But these numbers are not for a full year. It turns out that 82 regional departments of Rosreestr fulfilled this important indicator for citizens. And in 75 territorial divisions they have already reached the required figure set for 2020.

Less than one percent of all citizens who applied were refused registration of real estate - land, apartments and dachas

It was explained to the RG correspondent in Rosreestr that the share of suspensions and refusals is greatly influenced by the quality of document acceptance at the MFC. The quality of reception means complete and high-quality consultation of citizens about the composition of the package of documents necessary to receive the service, and about the rules for their execution.

The department assures: to ensure that there are even fewer suspensions and refusals, Rosreestr actively cooperates with local authorities of the constituent entities so that they improve the very process of providing services to people at all stages that the owner goes through when registering his real estate.

Rosreestr clarifies that they pay special attention to training employees of multifunctional centers. And they do a lot to inform citizens how they can receive Rosreestr services, including through the MFC.

Suspension by application

Participants in a real estate transaction have the right to suspend the registration procedure independently. To do this, a person just needs to write an application and submit it to the Rosreestr office. This can be done either in person or through the portal of this government agency.

If at the time of submitting the application the procedure for registering property rights has not yet been carried out, then registration is suspended. But in order for the document to be accepted, it must stipulate two factors:

1. The reason for making this decision.
2. Suspension period. The maximum period of time is 6 months.

Each participant in the transaction has the right to use this opportunity only once. In a situation where the transaction is burdened by the presence of a mortgage agreement, the suspension requires the consent of both parties to the agreement and the bank.

Refusal to register

Refusal to register ownership of a property is allowed only after the registration suspension procedure, and only in a situation where the reasons that led to such suspension have not been eliminated.

If registration of property is refused, the paid state duty is not refundable. This is not the sole decision of an employee of a government agency, but is stipulated in the law, so it is pointless to argue on this issue.

Most often, eliminating such reasons is simple: it is enough to provide the registrar with all the missing documents necessary to formalize the transfer of ownership of real estate.

Reasons for suspending registration due to real estate

• If an application is submitted for registration of rights to an object that is not real estate.
• When crossing the boundaries of the land plot for which they want to register ownership, with the boundaries of another land plot, about which information is already contained in the Unified State Register of Real Estate.
• If the created property does not correspond to the type of permitted use of the land on which it is built. Or does not comply with urban planning regulations in the case when the person who is the legal owner of the land plot has the right to choose the type of permitted use of the corresponding land plot without approvals and permits.
• If the property is built on a plot of land that was not provided or transferred in order for the corresponding facility to be built on it.
• If the object is seized by a judicial act or an act of an authorized body.
• If a room in a communal apartment is sold to an outsider, and the application for registration of rights is not accompanied by documents confirming the refusal of the owners of other rooms in this communal apartment to purchase the room being sold, and a month has not expired from the day when the seller notified other owners of rooms in the communal apartment about the sale of his room .
• If there are contradictions in the information about the object, which is indicated in the submitted documents for registration, and in the information of the Unified State Register of Real Estate concerning the corresponding object.
• and other grounds specified in the law.

If we try to generalize the grounds for suspension, then it may be that the information in the documents does not correspond to the information of the Unified State Register. In addition, violation of land boundaries, failure to provide necessary documents, etc.

Features of suspension of state registration of mortgages

State registration of a mortgage may be suspended:

• if the case materials do not contain the original and copies of the mortgage loan agreement;
• if the mortgage agreement, pledge and documents attached thereto do not satisfy the requirements of the law;
• if you need to check the authenticity of the submitted documents.

Suspension of state registration of the right to a mortgage may be carried out by the state registrar for a period of no more than one month.

Important!

At the request of only one of the parties to the transaction, the suspension and (or) termination of mortgage registration is not carried out.

Suspension of state registration of rights by the copyright holder and its terms

In all of the above cases, the suspension is carried out without the participation of the copyright holder.

It is possible to suspend the state registration of rights at the request of the copyright holder based on his application. This is necessary when, during a suspension for one month, for one reason or another it is necessary to submit an additional document, but it is not possible to submit it within one month.

1. Registration of rights may be suspended if an application is submitted indicating the reason for the suspension and the period of suspension. On this basis, the period of suspension may be up to three months.
2. When one of the parties to the agreement submits an application for the return of documents without registering rights if the other party to the agreement did not submit the specified application. The suspension period is one month.
3. Suspension of state registration of rights only at the request of one of the parties to the agreement is not carried out if the transaction is made using credit funds (for a mortgage). Such a suspension requires statements from both sides of the transaction.

In accordance with paragraph 1 of Article 1 of the Federal Law “On state registration of rights to real estate and transactions with it” dated July 21, 1997 No. 122-FZ (hereinafter referred to as the Registration Law), during the legal examination not only the validity of the documents submitted by the applicant is checked and the presence of the corresponding rights of the person who prepared the document, but also establishing the absence of contradictions between the declared and registered rights to this real estate object, as well as other grounds for refusal or suspension of state registration.

The state registrar bears personal responsibility, including for the correctness of the execution, timing and procedure for preparing a notice of suspension of state registration of rights, notification of refusal of state registration of rights, as well as taking measures to independently eliminate the reasons for the suspension of registration.

State registration of rights for each reason may be suspended once, with the exception of cases of suspension on the basis of a ruling or court decision, as well as receipt within the period established for consideration of an application for state registration of a transaction and (or) transfer of rights, but before making an entry in the Unified State Register or making a decision to refuse state registration of rights to seize an object of real estate or a ban on performing certain actions with an object of real estate.

In accordance with Article 19 of the Registration Law, state registration of rights is suspended:

by decision of the state registrar for a period of no more than one month

upon receipt from the copyright holder, party (parties) to the transaction, persons duly authorized by them, a written application to suspend registration indicating the reasons and period of suspension - for a period of no more than three months;

when submitting a written application by one of the parties to the agreement for the return of documents without state registration of rights, if the other party to the agreement did not submit such an application - for a period of no more than one month;

upon receipt of a ruling or court decision to suspend state registration of rights - for a period established by the court;

upon receipt within the period established for consideration of an application for state registration of a transaction and (or) transfer of rights, but before making an entry in the Unified State Register or making a decision to refuse state registration of a decision (ruling, resolution) to seize an object of real estate or prohibit it perform certain actions with real estate - until the arrest or ban is lifted in the manner prescribed by law.

The state registrar has the right to suspend state registration of rights for a period of no more than one month if he has doubts:

there are grounds for state registration of rights;

the authenticity of the documents submitted;

the accuracy of the information contained therein.

Thus, by decision of the state registrar, registration is suspended in the following cases:

— failure to submit to the body for registration of rights any of the documents required by law for state registration;

- sending a written request to the authorized bodies and organizations about the property and the rights to it;

— sending documents submitted for registration for confirmation of authenticity to the issuing authority;

— sending constituent documents and certificates of state registration of legal entities submitted for registration to confirm the accuracy of the information contained therein to the body that registered the legal entity;

— sending documents submitted for registration confirming the powers of the organization’s managers, representatives of individuals and legal entities (powers of attorney, extracts from the minutes of general meetings, orders of appointment, etc.) to confirm their authenticity.

The State Registrar makes a decision to suspend state registration in accordance with paragraph 1 of Article 19 of the Registration Law if:

Based on the results of the legal examination of documents and verification of the legality of the transaction, reasons were identified, failure to eliminate which will lead to refusal of state registration of the right on the grounds provided for in paragraph 1 of Article 20 of the Registration Law. In other words, the actions of the registrar in the event of suspension are determined by the possibility of refusal to register. If the documents requested during suspension are not submitted within the established period, but there are no grounds for refusal provided by law, then the suspension is illegal, and the actions of the registrar can be appealed to the court as evasion of state registration (clause 5 of Article 2 of the Registration Law ).

When the state registrar makes a decision to suspend the state registration of rights, the notification sent to the applicant must indicate all the reasons preventing the state registration of rights. These reasons must be indicated in such a way that it is clear to the applicant, who does not have special knowledge in the field of law, without further explanation, on the basis of what legal norms and what actions he must take in order to eliminate these reasons.

It is recommended to take into account that, according to paragraph 1 of Article 19 of the Registration Law, the provision of additional evidence that the applicant (applicants) have grounds for state registration (including missing documents), as well as the authenticity of the documents submitted or the reliability of the information specified in them, is a right applicant. The state registrar is obliged to take the necessary measures to obtain additional information (for example, request the specified information available from authorized bodies (organizations) in the manner prescribed by paragraph 3 of Article 8 of the Registration Law) and (or) confirm the authenticity of documents or the reliability of the information specified in them

Suspension of state registration by decision of the registrar means suspension of the month-long period provided for in paragraph 3 of Article 13 of the Law on State Registration for conducting state registration. Thus, the total period for registering rights to real estate, taking into account its suspension at the initiative of the state registrar, cannot exceed 2 months from the date of filing the application for registration. A corresponding entry must be made in the ledger of incoming documents regarding the suspension of registration.

The grounds for suspension of registration include the grounds set out in a written statement of the copyright holder, a party to the transaction or a person authorized by him/her. The application shall indicate the reasons that served as the basis for applying for the suspension of state registration of rights, and the period required for such suspension.

State registration of rights at the request of the copyright holder, party (parties) to the transaction or a person authorized by him (them) may be suspended for no more than three months.

Suspension of state registration in this case interrupts the monthly period of state registration. The period of suspension begins from the day the application for suspension is submitted. After the end of the suspension period, the monthly period of state registration begins anew. The period that has expired before filing the said application is not counted towards the new period, and after the expiration of the period for suspending state registration, the period for conducting state registration begins to run again.

State registration of rights may be suspended by the state registrar for a period of no more than a month on the basis of a written application from one of the parties to the agreement to return documents without conducting state registration of rights if the other party to the agreement did not make such an application. If within the specified period the reasons preventing the state registration of rights are not eliminated, the state registrar is obliged to refuse the parties to the agreement state registration of rights.

On the day the decision is made to suspend the state registration of rights, the state registrar is obliged to notify the parties to the agreement in writing about the suspension of the state registration of rights and the grounds for making such a decision.

The basis for suspension of state registration is the presence of an appropriate ruling or court decision in accordance with paragraph 4 of Article 19 of the Registration Law. In this case, registration is suspended:

- for the period specified by the court;

- until the court cancels the decision (ruling) on ​​suspension;

- before the occurrence of an event specified by the court (for example, the court makes a decision on the dispute).

Suspension of state registration of rights is accompanied by the entry of a corresponding note in the Unified State Register, in the column “Special about Special about mortgage (mortgage)”; grounds for postponing state registration of mortgage for no more than one month are possible if:

— failure to submit to the body carrying out state registration of rights any of the documents specified in paragraphs 2 and 3 of Article 20 of this Federal Law;

— non-compliance of the mortgage agreement, mortgage note and documents attached thereto with the requirements provided for by the legislation of the Russian Federation;

— the need to verify the authenticity of submitted documents.

If there is a legal dispute regarding the rights to property that is the subject of a mortgage, or regarding foreclosure on it, state registration of the mortgage is postponed until the dispute is resolved by the court.

In accordance with paragraph 1 of Article 24 of the Law on Registration of Rights, registration is suspended to verify compliance with the pre-emptive right to purchase a share in the right of common property in the event of its alienation to an outsider for compensation. If a notification of the remaining co-owners about the sale of the share is submitted to the state registration authority (and a refusal to purchase the share is not submitted), then the registrar is obliged to suspend registration until the expiration of a month from the date of notification.

According to paragraph 52 of Order of the Ministry of Justice of the Russian Federation dated July 1, 2002 No. 184 “On approval of methodological recommendations on the procedure for state registration of rights to real estate and transactions with it,” if an application for suspension of state registration in accordance with paragraph 3 of Article 19 of the Registration Law was submitted by everyone parties to the agreement, including all persons acting on both sides of the agreement, notice of suspension of state registration is sent to all specified persons. If an application for suspension of state registration in accordance with paragraph 3 of Article 19 of the Registration Law was submitted by only one party to the agreement or by individuals acting on one or both parties to the agreement, it is recommended that notice of suspension of state registration also be sent to all persons participating in the agreement.

The notification is filled out on the official letterhead of the body carrying out state registration of rights. In accordance with paragraph 52 of the Order of the Ministry of Justice of the Russian Federation dated July 1, 2002 No. 184 “On approval of methodological recommendations on the procedure for state registration of rights to real estate and transactions with it,” it is recommended to indicate in the notice of suspension of registration: the name of the body carrying out state registration of rights, originating number (consisting of the number of the book of incoming documents in which the application and the documents attached to it were registered, and the serial number of the entry in this book under which the application and other documents necessary for state registration were registered in it) and the date of sending the notification (the day it was signed by the registrar of rights), address, surname, first name, patronymic (for individuals) or name (for legal entities) of the person to whom the notification is sent, the words “In accordance with paragraph ... Article 19 of the Federal Law of July 21, 1997. N 122-FZ “On state registration of rights to real estate and transactions with it” (or paragraph 4 of Article 21 of the Federal Law of July 16, 1998 N 102-FZ “On mortgage (mortgage of real estate)”) state registration of rights (or transactions , restrictions (encumbrances) of the right) on / s (the property is indicated), documents for which you (if the notification is sent to a party to the transaction who, in cases provided for by the Law, did not submit an application for state registration, indicate the last name, first name, patronymic (for an individual persons), name (for a legal entity) of the applicant) were submitted (indicate the date and incoming number of documents submitted for state registration), is suspended on the basis of (indicate the reason that served as the basis for the suspension) for a period up to (indicate the end date of the suspension), starting from (the beginning of the suspension period is indicated)”, last name, first name, patronymic of the state registrar who made the decision to suspend state registration, and his signature.

A copy of the notice of suspension of state registration is placed in the file of title documents.

State Registrar S.M. Vyushkina

Deadlines for renewal of state registration

According to Art. 26 of the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, the period for renewal of state registration of rights is calculated:

1. in case of suspension due to failure to provide the required document - after eliminating the reasons, but no later than three months;
2. in case of suspension due to a legal dispute regarding the property - after the dispute is resolved by the court;
3. in case of suspension due to failure to receive the necessary documents upon request from interdepartmental bodies - after eliminating the reason, but no later than one month;
4. in case of suspension due to an encumbrance - after receipt of a judicial act or an act of an authorized body;
5. in case of suspension at the request of the seller or buyer - after receipt of an application to the state registrar for renewal.

Registration suspension period

Period for suspension of registration
The periods for suspension of state registration of rights to real estate are specified in the same law (clauses 2–8, Article 26, Federal Law-218 dated).

In general, the period of suspension of registration of rights lasts until the reasons for this suspension are eliminated, but no more than 3 months.

In particular cases, the timing of suspension of registration of rights may differ, for example, in the following situations:

• If the registrar has not received a response to a request made by him through interdepartmental channels, then the maximum suspension of registration can be no more than 1 month.
• In the event of a sale of a share in the ownership of real estate, registration may be suspended for a period of up to 1 month from the date the seller notifies the remaining participants in the shared ownership.
• In the event of a legal dispute regarding property rights, the period of delay in registering rights will last indefinitely until the dispute is resolved by the court.

And what will happen after the expiration of these suspension periods? Everything is simple - either registration will be renewed , or registration will be refused (see below about this).
What mistakes do participants in transactions for the purchase and sale of apartments on the secondary market make - see in this section.

How to act if the state registration of a right is suspended?

On the day of suspension of state registration of rights, the state registrar is obliged to prepare in writing a notice of such decision and the reason for suspension of registration of rights, and also issue or send it to the applicant (applicants).

Such notice is sent to the applicant(s) the next day after the decision is made.

Important!

Suspension of state registration is not a refusal of registration; if the reasons for suspension are eliminated, it is possible to achieve registration of rights.

When receiving notice of suspension by telephone or in writing, the first step is to find out the reasons for the suspension. They are indicated in the notification. If necessary, you can contact the state registrar in person or by telephone (the telephone number is indicated in the notification).

You should also keep in mind that the state registrar suspends state registration of rights for one month. If it is not possible to eliminate these reasons within the specified period, then you should write an application to suspend the state registration of the right for three months.

Then you should decide whether you can eliminate these reasons yourself. If this is possible, you will need to take the necessary actions. This may include entering additional documents in your possession, ordering and receiving additional documents and their subsequent submission to Rosreestr (MFC), paying the missing amount of state duty, etc.

If the notice indicates that the suspension of registration of property rights was made in connection with sending a request to state bodies or local governments through interdepartmental interaction channels, it is quite possible that state registration will be resumed without your participation, after receiving a response to the request - if received document to eliminate the reasons that served as the basis for the suspension.

Important!

If the received document does not eliminate the reasons, a refusal of state registration may follow.

Therefore, by the end of the suspension period, you should ask the state registrar whether the document was received at his request, and whether this document eliminated the reasons for the suspension. If it turns out that the reasons have not been eliminated, it makes sense to write an application to suspend state registration for up to three months and take the necessary actions yourself (submit additional documents, etc.) to eliminate such reasons.

Registration will be refused when the period for which registration was suspended has expired and the reasons preventing registration have not been eliminated.

In this case, the paid state duty is not refunded. Therefore, it makes sense, if the suspension period has already expired, and it is not possible to eliminate the reasons within the deadline, write an application for the return of documents without state registration of rights. In this case, half of the paid state duty will be returned.

In the vast majority of cases, suspension of state registration of rights can be avoided if documents for state registration are prepared carefully, knowing the specifics of registering rights to different types of real estate. And the best option for this is to entrust the preparation of documents and state registration of rights to professional lawyers.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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Suspension of registration of rights by the copyright holder

Now, instead, the property owner has the right to request an extract from Rosreestr at any time. This extract is absolutely equivalent to a certificate. There is a fee for the request procedure.

Problems in Rosreestr with registering property rights to real estate are of two types. This is a suspension or refusal of registration.

Rosreestr - worked as a state registrar of rights. Head of the property department. I help solve problems that arise with real estate.

Problems in Rosreestr with registering property rights to real estate are of two types. This is a suspension or refusal of registration.

Rosreestr - worked as a state registrar of rights. Head of the property department. I help solve problems that arise with real estate.

If the copyright holder has received written notice of the suspension of the registration right, then under such circumstances it is necessary to carry out certain actions in a sequential order:

• finding out the exact reason for the refusal and receiving face-to-face consultation from the state registrar or an MFC employee;
• elimination of shortcomings that caused the restrictive measure.

The suspension procedure is quite simple - you need to submit an application with the grounds indicated in it. The most popular reason for such statements is incorrectly executed documents. Almost always, a statement from the copyright holder is sufficient to grant a deferment in registration; the only exception may be a transaction involving a mortgage.

At the same time, the current legislation of the Russian Federation provides for the possibility of suspending the process of issuing a registration certificate if there are clear grounds that are a legal provision.

For an ordinary citizen who rarely has to deal with the activities of government bodies in everyday life, a notice of suspension may well cause fear and irritation. But, firstly, we have already mentioned how important it is for all information submitted for registration to be correct. And, secondly, it is necessary to remember that suspension is not a refusal to register.

Although there are reasons to worry. And first of all, the buyer of the property has them - the money is given, but the ownership rights are not received, the return of the funds paid is fraught with great difficulties. Therefore, it is the buyer who is primarily forced to monitor the registration process and seek to eliminate all emerging obstacles.

The recipient of documents is obliged to accept them regardless of the completeness of the established package. The registrar will decide whether all documents are available. In some cases, he has the right to demand the provision of documents not included in their standard list. In addition, upon a joint application of the participants in the apartment purchase and sale transaction, registration of property rights on the basis of the agreement may be terminated completely.

For example, registration of a preliminary agreement or a lease agreement for a period of less than a year. In some cases, the law enforcement practice of Rosreestr runs counter to judicial practice. If, based on judicial practice, registration of a right/encumbrance is required, then you need to appeal the decision of Rosreestr in court.

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Making changes to real estate in the Unified State Register of Real Estate is a standard procedure that any property owner may encounter.

Suspension of state registration of ownership of an apartment subject to a mortgage is possible in the following situations:

• There is no original or copy of the mortgage loan agreement;
• The existing contract does not comply with the requirements of law and regulations;
• Control of the authenticity of the contract and other documentation is required.

It is known that the right to own real estate, regardless of its status, must be registered (registered) with the Rosreestr authorities. Moreover, starting from January 2, 2017, it is the fact of entry in the general state real estate register that is the main argument in the dispute about the presence/absence of ownership rights to specific real estate.

In addition to issuing a notice with the possibility of subsequent refusal, the registrar carries out activities aimed at obtaining the required data and verifying their relevance and reliability. The applicant also has the right to do this.

Suspension of registration of ownership of real estate

According to paragraph 1 of Article 131, the Law on Real Estate Registration assigns the obligation to Russians to carry out registration actions in cases of the emergence, transition, termination and limitation of property rights in relation to real estate. Within the framework of this law, in addition to the right of ownership of living space, transactions regarding the right of economic management, management, inheritable possession and permanent use are subject to mandatory accounting.

Note!

Mortgage transactions must also be registered. According to paragraph 1 of Article 10 of the Law on Mortgage of Real Estate, the failure to register a mortgage agreement is grounds for recognizing its nullity.

The Law on State Registration of Real Estate provides for two conditions for suspending registration of rights: by decision of an authority and by application.

Grounds for suspension of registration of property rights

Such important processes for every person as purchasing expensive real estate, registering inheritance rights and registering property are quite long and complex. Often a situation arises such as suspension of registration of property rights. There may be several reasons for this, but all of them can be solved by the professionals of our company.

The complexity of this procedure is based on the fact that a considerable amount of time is required to collect and prepare documents to complete the required transactions, which are usually associated with the registration of dachas, city apartments and land areas.

A process such as suspension of registration of property rights may arise for the following reasons:

• Certain decision made by the registrar, which usually sets a delay of one month;
• Suspension of registration of property rights for three months if an application is received from the owner of the right, as well as from one of the parties to the transaction;
• The reason may lie in the court's decision;
• The basis may be new developments and some indications in the field of law.

As can be seen from all of the above, the suspension of registration of the transfer of ownership. For this reason, our company’s professionals recommend that such transactions be carried out exclusively through specialized companies. If such a factor as the suspension of registration of the transfer of ownership has come into force, higher professionalism in resolving this issue than our company cannot be found.

When resolving such an important issue as suspending the registration of a transfer of ownership, the company’s employees will prepare all the required documents, and, if necessary, the transaction will be completed in full. The high professionalism of our specialists allows us to be sure that suspension will not arise from the very beginning.

Our company resolves even the most complex issues, and it does not matter what reasons for the suspension of registration of property rights were established by the management authorities. For a relatively low cost, a client who turns to us for help is guaranteed to be completely freed from a large number of the most complex problems and issues, from visiting various authorities. In this way, you can save a lot of time and money.

If our company undertakes the responsibility to carry out the registration process initially, then all probable reasons for the suspension of registration of property rights will be calculated, and methods will be developed to avoid them. For this purpose, you will need to carefully study all the properties and characteristics of the object that are usually present in its technical description.

Our employees have serious experience in the real estate sector, so there is no doubt that no matter what reasons for suspending the registration of property rights arise, everything will be resolved as quickly as possible and at a high professional level. If you wish, you can get qualified advice from our employees, which will allow you to act independently without delay.

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Reasons for suspension of registration of property rights and periods of suspension

The grounds for stopping the registration of rights by state bodies are enshrined in Article 26 of the Law. According to it, it is possible to stop registration actions if the applicant does not have the right to carry out actions to register a property, or the authorities have data on property rights that contradict the submitted documents.

Also, termination of registration actions will be applied if an incomplete set of documents is submitted, false papers are submitted or the information is unreliable, or the signatory did not have the right to endorse the application or certify the authenticity.

Note!

The registering authority will not be able to register real estate if the documents submitted by the applicant do not comply with the approved forms.

Accounting will be suspended if the requested documents for interdepartmental communication are missing or not received for other reasons.

According to subparagraph 11 of paragraph 1 of Article 26 of the Law, it is impossible to carry out registration actions on an object if documents in relation to the same object were previously submitted, but the decision to refuse or register the right to the first set was not made.

Some cases of suspension arise in cases of registration of land ownership. According to subparagraph 20 of paragraph 1 of Article 26, the state authority does not have the opportunity to register the right to land if the territory of the registered plot intersects with someone else's land. Also, persons whose land territories occupy the boundaries of forestry areas and parks will not be able to legitimize their property.

Note!

It is impossible to register real estate built on lands not intended for development. If an apartment is purchased in a house built on land for agricultural purposes, the registrar will not be able to take into account the ownership.

It is impossible to register title to a premises that is not isolated. For example, Ivanov and his ex-wife have a studio apartment in which there is not a single wall except the bathroom. Ivanov wants to design the space from the sofa to the bed, calling it an office. The government agency will not be able to register this property. The situation is different with communal apartments - they have allocated rooms. An exception to the isolation of spaces is parking areas.

In addition, the registrar will stop registering real estate if the apartments in common shared ownership were not sold to the second owner and the set of submitted documents contains a refusal to purchase part of the property by the second owner.

Note!

It is impossible to register ownership of a property that belongs to persons participating in the bankruptcy process.

Also, actions to register living space will be suspended if Rosreestr receives requests from construction control authorities about the developer taking actions against shareholders that are contrary to the terms of the contract.

Why is property registration necessary?

The main purpose of the title registration process is to determine the legal status of a particular real estate property.
According to Article 165 of the Civil Code of the Russian Federation, in the absence of registration in cases where it is necessary, property transactions are considered invalid, since legally the state can recognize the emergence or termination (as a result of alienation of property) of the right to property only on the basis of this procedure.

The importance of the procedure for registering the right to property is evidenced by the fact that the transaction is completed not at the time of signing the purchase and sale agreements, but at the time of state registration.

The purchase and sale agreement comes into force only after its conclusion. Before this, none of the participants is obliged to transfer property or funds to the other. And besides, the need for the procedure minimizes the risk of suffering from the actions of fraudsters.

Previously, only the presence of a registration certificate made it possible to sell property, since in its absence it was not possible to carry out any real estate transactions.

Since 2020, after the creation of the Unified State Register of Real Estate (USRN), such a document as a registration certificate has been abolished. Instead, the copyright holder can request an extract from the Unified State Register at any time. This document is equivalent to a certificate. The state duty for it is calculated at 750 rubles.

It is worth noting that thanks to the Unified State Register of Real Estate, all information about real estate is now stored in an electronic database, and this significantly reduces the time it takes to register housing rights.

The registration of housing rights is carried out by Rosreestr. Only this executive body has the right to formalize rights to property. However, the multifunctional center for the provision of public services (MFC) can also accept documents.

The following documents are submitted to Rosreestr or MFC:

• a document certifying the identity of the transaction participant who applied to Rosreestr;
• an agreement confirming a transaction related to the acquisition of real estate;
• act of acceptance and transfer;
• documents confirming the seller’s rights to own real estate;
• certificate of registration of the property being sold;
• information about people registered in this apartment;
• a document confirming payment of the state duty;
• if the person making the transaction on the part of the seller is officially married - the consent of the second spouse to the transaction (necessarily certified by a notary);
• a statement from a participant in the transaction - the seller - that he is not married;
• If housing is being registered for the first time (or the property has been redeveloped), a cadastral passport is required.

In different situations, additional documents may be required. Their list can and should be clarified in advance with the state registrar.

An applicant can be refused to accept documents only under one condition – if he does not have an identity document.

The process itself is relatively short - depending on where the documents were submitted, it ranges from 7 (via Rosreestr) to 9 (via MFC) working days.

Features of suspension of state registration of mortgages

Registration of a mortgage will be suspended if the mortgage is carried out in violation of the provisions of the Code regulating civil relations. Rosreestr will not carry out registration actions with a mortgaged property if there is no joint consent of the lender to carry out registration.

Also, Rosreestr will not be able to record the right to real estate if a judicial foreclosure is underway in relation to the mortgaged property or an apartment has been seized as an interim measure for debt repayment.

Suspension of state registration of rights by the copyright holder and its terms

At the request of the copyright holder, Rosreestr may stop registration actions.

Note!

To stop registration actions, you must submit an application to the government agency indicating the reasons and timing of the suspension. Such an application can be submitted once. And the period of suspension cannot exceed six months.

If the property is pledged to a credit institution, then, based on paragraph 4 of Article 30, the registrar will require the written consent of the pledgee. But it is impossible to suspend registration at the request of one party to the mortgage agreement. This means that neither the bank nor the debtor can apply to Rosreestr to suspend the registration of a transaction without mutual consent.

Deadlines for renewal of state registration

Rosreestr will be able to continue the registration procedure after eliminating the reasons for the stop. In this case, the maximum period of suspension of registration cannot exceed 3 months for cases of incorrect submission and completion of documents.

Note!

If the registration process was stopped due to the lack of documents requested as part of the interdepartmental exchange, then the maximum period for resuming registration actions is one month.

When there is a legal dispute regarding a mortgaged property, Rosreestr does not carry out registration until the court decision enters into legal force. If documents confirming the refusal to acquire part of the property share by the second owner have not been submitted, then registration is suspended for a month, during which a written refusal must be submitted.

In cases where the owner has submitted a request to the registration authority to stop registration actions, the resumption of registration actions is 6 months.