Certificate of absence of encumbrances on real estate: extract from the Unified State Register

What does encumbrance on an apartment mean?

An encumbrance on an apartment is a legal condition that limits the rights of the legal owner of the property.

The presence of restrictions means that the apartment or part of it may be claimed by third parties who are not the owners of the property. All encumbrances are recorded in the Rosreestr database. You can get acquainted with the characteristics of the object and the registered ownership rights to it by ordering an extract from the Unified State Register of Real Estate.

If the certificate does not indicate restrictions on the owner’s rights, then the property has been checked for legal purity. Any type of legal transaction can be concluded with such an object.

On the EGRNKA.RU portal you can order a USRN extract online in 10-15 minutes. The certificate is certified by the digital signature of the state registrar and is equivalent in legal force to a document in paper format.

What does the extract contain?

If we talk about standard information, the certificate contains:

Cadastral number and address where the property is located;
Registration number, date and type;
Information about the presence or absence of encumbrances;
Name of the organization that issued the certificate;
Date of issue of the certificate with signatures and seals;

To obtain more detailed information, you will need to order a cadastral passport or technical extract from Rossreestr. Speaking about the expiration dates of the document, it is worth noting that there are none, since the law does not have clear instructions in this regard. But there is a concept about the relevance of information, since information changes and does not always correspond to reality. So, some organizations independently set the expiration dates for the extract. Often they are relevant for no more than one or two months.

When is an extract from the Unified State Register of Encumbrance required?

A certificate from Rosreestr is required in the following cases:

Concluding a purchase and sale transaction;
Receiving an inheritance;
Transfer of property as a gift;
Assignment of claims to real estate;
Establishing the legal owners of the object through the court;
Division of common property between several owners;
Legal verification of the property by state authorities.

The USRN extract is a reliable source of information. The document confirms the registered ownership rights to the object, the presence of restrictions and guarantees the absence of claims to the property by third parties.

In what situations is it needed?

There are several situations in which an extract from the register may be required indicating the absence or presence of encumbrances and problems with the apartment. The most common are:

Conducting real estate transactions (purchase and sale, donation, rent, entry into inheritance rights or obtaining a loan secured by an apartment or house);
During disputes and proceedings related to real estate and the personality of the copyright holder;
When surveying a land plot;
During the division of property or when allocating a share from an apartment;
When carrying out notarial or legal actions on an object;

An extract from the Unified State Register is considered the main document when conducting a purchase and sale transaction. The buyer can make sure that the apartment is clean and that there are no or no encumbrances, since the former owners are often silent about this. By requesting this document from Rossreestr, anyone can protect themselves from fraud and illegal transactions. Also, this document is often used to resolve disputes with debtors through the court, since thanks to it it is possible to make an inventory of property and seize it so that the defendant cannot donate it or sell it to his relatives.

What are the encumbrances?

The right of ownership of real estate provides that the legal owner disposes of the property at his own discretion. The law provides for several types of encumbrance.

Easement

This type of restriction is in effect for the duration of the trial. After a court decision, the easement is removed in full or the property is seized. As a rule, this type of restriction applies to land plots. It is installed to provide access to private land.

Mortgage credit lending

The most common restriction option is for residential premises. If the apartment was purchased using borrowed funds, then until the debt is fully repaid, the owner has no right to enter into legal transactions with the property. In the event of the sale of mortgaged living space, the new copyright holder becomes the debtor.

Arrest

Representatives of the court or bailiffs have the right to seize property. If the apartment is seized, it may be confiscated for further sale. Therefore, before purchasing real estate, in order not to lose money and the apartment itself in the future, you need to order an extract from the Unified State Register of Real Estate about the absence of encumbrances.

Rent

Any legal transactions with property encumbered with rent are possible with the consent of the recipient of the rent payments. After the transfer of ownership of the apartment, the rentholder receives the status of mortgagee of his living space.

The new owner will be able to register ownership of the object after fulfilling the terms of the contract. Typically, property passes to a new owner upon the death of the lessor.

Rent

You can sell or carry out other legal actions with the property after the end of the lease agreement. The transaction can be terminated through the court or at the mutual desire of the parties.

Contents of the document

The discharge document contains all the information that is required to confirm whether there are any encumbrances or restrictions.

Any owner who decides to carry out any transaction with real estate (sale, rental, donation) is obliged to enter information into the state register. In the database, any citizen can check information on the encumbrance on an apartment for free.

For example, any information about debts from utility services, fines from traffic police inspectors, alimony or any other restrictions place a lien on the apartment. Another option would be a situation where the premises have a mortgage debt. The deal will not go through until any arrears are paid off.

ATTENTION! In the certificate of arrests and prohibitions (USRP), a citizen will not find information about a possible loan for a car.

The specific information on the extract differs greatly from property to property. By the way, the document about the dacha plot will contain information about the serial number, the size of the land plot, the physical address, the number of floors, etc.

But don't expect meticulous details about the property. By law, the document indicates only the most important information, which will make it possible to determine for sure that no legal restrictions are imposed on the property.

Information contained in the help

An extract from the Unified State Register of Real Estate about the absence of an encumbrance on the apartment contains the following information:

Basic characteristics of the property (address, area, number of rooms);
Full name of the owner (if there are several owners, their details and the size of the share are indicated);
Availability and type of encumbrances;
Information on the collection of living space by the state or municipality (if there was a precedent).

If property is seized, any transaction with it is considered illegal. You can sell or carry out another legal transaction with the apartment after the encumbrance is removed.

Find object

Certificate of absence of encumbrance on real estate

In the certificate from the Unified State Register you can see information that relates to real estate, be it an apartment, premises or land. All information is current and can even tell you about the person who owns the rights of ownership, transactions previously carried out with the apartment, as well as the presence or absence of encumbrances. The Unified State Register, which is a government body, stores all data and anyone can use its services.

Contents of the document

By the way, if you wish, you can take official real estate paper via the Internet. To do this, you need to visit the official website of Rosreestr. There you will need to fill out a special form “Providing information from the Unified State Register”.

Consequently, absolutely all real estate data is stored in this database. If you need to find out whether there are encumbrances on the apartment - a mortgage, pledge or arrest, then you need an Extract from the Unified State Register of Real Estate about the main characteristics and copyright holders of the property.

How to obtain an extract from the Unified State Register of Real Estate about the absence of an encumbrance

collateral – a method of securing monetary obligations;
mortgage is a special type of collateral arising from the terms of a mortgage loan agreement for the purchase of housing;
easement – establishment of a limited right of use in relation to certain persons;
other restrictions regulated by law.

directly to Rosreestr – within 3 working days;
through the MFC - 5 working days (of which, within 2 days, the specified body must transfer information to Rosreestr);
through “State Services” - 3 working days;
through an intermediary company - within 3 working days.

If the seller’s apartment (or your own apartment) had encumbrances (pledge, mortgage, etc.) that were “recently” repaid, and upon receiving the Extract, you discovered that they were still registered in Rosreestr, then you should not immediately go into extremes! This simply may mean that the registrar has not yet had time to enter new information about your property into the Unified State Register of Real Estate.

In what cases does Rosreestr not provide the service?

And although the buyer will be listed as the owner in Rosreestr, concluding a purchase and sale agreement for such an apartment will be fraught with risk: the bank or previous seller who has not received payment will be able to claim the property back.

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It indicates the type of registered encumbrance, the number and date of its registration, as well as information about the individuals or legal entities in whose favor this encumbrance was established, and the basis on which it was imposed.

The main factor for the removal of any type of encumbrance is the cessation of the situation due to which it was imposed. That is, the homeowner must pay the mortgage, pay off debts, repay obligations to creditors, etc., and then, with a document - proof of the removal of the encumbrance, contact the Public Service Center or egov.

How to find out if there is an encumbrance on an apartment?

Rent. In this case, the transaction can be carried out if both the lessee and the lessor agree to it. Otherwise it will be impossible to sell the property.
Rent. If a lease agreement is concluded, the tenants will have the right to live in the premises until its term expires.
It is important to know that the statement does not indicate personal data and there are certain restrictions on access. It is prohibited to disclose information regarding commercial, tax, banking and notarial secrets. But such a restriction can be lifted, for example, if the data is provided to judicial authorities.
Contact Rosreestr. You can contact any nearest branch, where you should fill out an application according to the sample;

Request to the Multifunctional Center (MFC). MFC branches have ways to issue almost any document; an extract from the Unified State Register is no exception;

Submitting an application for an extract on the official website of Rosreestr;
Obtaining an extract by submitting an application on the unified portal of State Services;
Obtaining an extract from the Unified State Register of Real Estate through a reliable intermediary, details here.

How to get an extract from the Unified State Register of Real Estate

When contacting the MFC, the Multifunctional Center itself acts as an intermediary between the applicant and Rosreestr, where the data is taken from. Because of this, the time it takes to receive an extract may be increased. On the other hand, such centers are located in almost every locality;
When contacting Rosreestr (either in person or via the website), the applicant may request that the certificate be delivered by courier. You will have to pay extra for this, but it will save a lot of time;
If a person wants to receive an extract through online resources, he must be registered with them. When registering, you will be required to provide personal information.

The Central Bank indicated that in order to increase citizens' confidence in the financial market, including the banking sector, as well as to prevent the risks of losses for individuals, credit institutions are recommended to inform their clients about the risks of investing in the financial market in the following areas: cash on all deposits and accounts of individuals are insured up to RUB 1,400,000.

Which section of the statement contains information about encumbrances?

Information about the restrictions imposed on the property and the registered ownership is contained in the second section of the USRN extract.

This help paragraph also contains the following information:

Full name of the legal owners;
Date of registration of property rights to the object;
The basis for its occurrence;
Type of restriction;
Duration of the encumbrance.

How to get an extract

There are several ways to obtain a certificate from Rosreestr stating that there is no encumbrance on an apartment:

Visiting the MFC or a branch of Rosreestr - when visiting in person, to order a certificate, you will need the owner’s passport and a receipt for payment of the state duty. The owner or his legal representative has the right to submit an application. The period for issuing a certificate is up to five working days;
Postal item - copies of documents sent to the state registrar must be certified by a notary. This option for ordering a statement takes the longest and depends on the speed of the post office;
Ordering a certificate online through Rosreestr - to issue an extract, you need to understand the nuances of the organization’s website. The service is often overloaded, so document production takes up to three days;
Online application on the portal EGRNKA.RU - to obtain a certificate, you just need to indicate the address or cadastral number of the property. An extract from the Unified State Register, certified by the state registrar's digital signature, will be issued 10-15 minutes after submitting the application.

Preparation of a certificate from Rosreestr is a paid service that requires payment of a state fee. Its amount depends on the type of document and its format. A certificate on paper costs twice as much as an electronic version. Although both documents have equivalent legal force and are certified by the signature of a specialist.

The law does not establish the validity period of the document. In practice, when conducting legal transactions, a form is required, executed no later than thirty days before the date of conclusion of the contract. A recent certificate contains reliable and up-to-date information (with the latest changes) about the property and its owners.

Nuances

An official request is sent by the owner of the apartment or house or his legal representative. The extract can be received in paper or electronic form, which is equivalent in legal form. The document can be printed if desired.

If a document is sent by mail or courier, it is handed strictly into the hands of the owner. Obvious restrictions include the fact that third parties cannot obtain information about the owner of the apartment or house. Citizens are protected by the law on the dissemination of personal information.

Legal entities retain their rights to trade secrets. Outsiders can obtain such information only by decision of the judicial authorities. When requesting detailed information on a property, it is possible to pay a state fee.

ATTENTION! Receiving detailed information in electronic form usually costs half as much as in paper form.

When a citizen contacts any specialized organization that can help with obtaining a document, he will also have to pay for the services of an intermediary. It often turns out that the option of personal contact and request becomes more economically profitable. One way or another, to engage the services of an intermediary, you will need a notarized power of attorney.

A certificate of no encumbrances is issued within two to three calendar days.