How to acquire ownership of a built property. Ownership of real estate, its forms and objects Terms of ownership of real estate

The meaning of registration is the recognition by state bodies of the right to own this or that real estate object, regardless of its purpose.

Newly registered property is entered in .

This issue in our country is in charge of the only state body called Rosreestr, or Federal Service for State Registration, Cadastre and Cartography.

Grounds for registration

Any type of real estate is registered in Rosreestr, after which a document of the appropriate type is issued confirming the ownership of it. The procedure itself is justified and legalized Section No. 13 of the Civil Code of the Russian Federation.

Moreover, both a legal entity and an individual can act as an owner.

Since real estate can be transferred into ownership in various ways, the registration of rights to it produced on the basis of documents confirming one or another legal way of owning a building or.

The most common basis for registration is a transaction agreement, or.

Documents for registration

To register the ownership of real estate, it will be necessary to collect a set of certain documents. Moreover, in each case, the set of documents may differ significantly.

It all depends on how the registered property was acquired, and on its type.

Yes, when registering the right of ownership to the land will definitely need:

Registration of residential buildings associated with a more capacious package of documents:

1. You will certainly need to provide, or another document confirming the rights to this residential property.
2. to the property. These are completely different documents and should not be confused.

It happens a little differently registration of country houses and other buildings intended for horticultural activities. Such registration is currently carried out according to a simplified scheme.

The owner of a house that falls under the definition of a country house fills out a form in which, without any participation, he indicates the main parameters of the registered house.

Registration of the transfer of rights to apartment in a multi-storey building, acquired in the secondary housing market, is not much different from registering the rights to a separate residential building.

All necessary documents by the new owner must be received from the previous owner of the apartment as a result of the transaction, these are:

1. Technical certificate.
2. Legal document.
3. object of registration from the old owner to the new one.
4. Consent of the spouse to the transaction, certified by a notary.
5. You may need additional documents or references.

You can consult on the need for additional documents directly at the territorial department of Rosreestr. The need for such consultations will disappear if an experienced lawyer deals with this matter.

In any of the above cases, the following is added to the package of documents:

• application for registration;
• civil passports of participants in a real estate transaction;
• copies of the main documents provided for registration of property rights.

Ownership process

As noted above, Rosreestr is in charge of registration issues. And all questions related to this can be answered precisely in the territorial offices of Rosreestr. should be submitted to that department. the territory of which the registered property belongs.

After a preliminary review of the submitted documents, they will be accepted for verification and registration itself, which legally secures the ownership of the property being registered.

If the authenticity of the submitted documents does not raise any questions, and no additional certificates and documents are required, the applicant for registration is given a receipt stating when and what documents were accepted with their list, as well as the date of issue of the certificate of ownership.

Otherwise, registration may be refused, or the deadline for issuing a certificate can be shifted.

The term for registering ownership of real estate in Rosreestr today is 10 working days, but in some cases it may take a long time up to 14 calendar days.

If we talk about the procedure for registering property rights to real estate, then it can be conditionally divided into the following stages:

1. Submission of the prepared package of documents to the territorial office of Rosreestr.
2. Verification of submitted documents for accuracy and compliance with the laws of the Russian Federation.
3. Verification of the correctness and legality of title documents.
4. Checking the correspondence between registered and claimed rights.
5. Making a registration entry in .
6. Mark of registration in the title documents of the owner of the property.
7. Issuance of a certificate of ownership to the owner of the registered property.

Obtaining a certificate

And finally, after all the worries and expectations, the moment comes to receive a certificate of registration of ownership of real estate.

Only with this document in hand man becomes the full owner of his property and free to do whatever he wants with it.

With the beginning of the current year, certificates began to be issued on new forms. They do not have watermarks and are printed on a blank sheet of white paper. The document is certified by the round seal of Rosreestr, and, accordingly, by the signature of the registrar.

Although if there are old-style forms in the registration chamber, and they are documents of strict accountability, a certificate can also be issued on it.

There is no reason to be afraid of a document without a watermark, because its authenticity is always easy to verify. It is enough to go to the Rosreestr website and order an extract of the certificate, which in a few minutes will be sent to the specified email address.

Video: New in the procedure for registering rights to real estate of citizens

The video discusses the latest changes in legislation regarding the procedure for registering ownership of certain types of real estate.

It tells what measures are being taken by the state to reduce the period of registration of rights, reduce the package of documents for confirming the right of ownership of real estate, and other ways to simplify the procedure for dealing with this issue to state institutions.

Article 209 of the Civil Code of the Russian Federation states: “The owner has the right to own, use and dispose of his property.

The owner has the right, at his own discretion, to take any actions with respect to his property that do not contradict the law and other legal acts and do not violate the rights and protected interests of other persons, including alienate his property into the ownership of other persons, transfer to them, while remaining the owner, the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in another way.

Ownership, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law, is carried out by their owner freely, if this does not damage the environment and does not violate the rights and legitimate interests of other persons.

The owner can transfer his property to trust management to another person (trustee). The transfer of property for trust management does not entail the transfer of ownership to the trustee, who is obliged to manage the property in the interests of the owner or a third party indicated by him.

Articles 210 and 211 state that "the burden of maintaining the property", "the risk of accidental loss of property" lies entirely with the owner of the property, unless otherwise provided by law or contract.

The situation with privatized state or municipal enterprises corresponds to the concept of property burdened with restrictions on use. In relation to the rights to real estate, it first arose with those enterprises whose real estate, which was on the balance sheet, was part of the property complex being privatized. Practically each of these enterprises was subject to some restrictions on use for a certain period: maintaining the profile of the enterprise, maintaining the size of the workforce, etc.

Here the "triad" of rights - possession, use and disposal - is limited by the right to use: the owner owns and disposes of the property in any way that does not contradict the law, but the freedom to use the property is subject to certain restrictions for a period specified by the agreement on the transfer of ownership.

Here, the owner bears the burden of responsibility for his property in full: operating costs, maintenance, repairs and the risks of possible losses.

It is worth considering in more detail the ownership of land.

In the legislative definition of real estate, it is important that, first of all, land is called a real estate object. As a subject of social relations, land has properties that have a certain legal status.

The earth is the only habitat for all human generations, the main subject of human labor application. Land in the Russian Federation has been declared public property. Land relations are regulated by the land legislation of the Russian Federation.

The activities of state bodies, organizations and citizens in relation to land are carried out taking into account the consequences of the proposed occupation of land, the prospects for the use of this territory and its subsoil. The disposal of land in a given territory is carried out through the relevant administration within its competence.

The earth is not a product of human labor. She is a product of nature itself. The earth's surface is limited, it cannot be arbitrarily enlarged by people depending on their needs. Land has a value that differs from the value of other property: if the property wears out, quickly becomes obsolete, then the land is not subject to such changes. Moreover, due to the limited nature of this resource, the value of land is constantly increasing depending on the intensity (and efficiency) of the state's activities in disposing of land resources. This circumstance gave rise to the need to account for land resources in the form of a land cadastre. In view of this circumstance, taxation is established.

Land cannot be transferred to another place, nor can it be replaced by any other means of production, as is the case with instruments and means of production.

Therefore:

Dependence of the fate of land plots on the fate of buildings and structures located on this plot. So, when the ownership of a structure is transferred, the ownership of the land also passes, as a rule, in proportion to the shares of ownership of this structure;
- the establishment of a regime for the economic exploitation of land, the transfer and withdrawal of land for use, lease, possession or sale into ownership occurs through special actions - land management;
- in land relations, the institution of neighborhood is of particular importance, which is an inevitable consequence of the non-movability of land. This gives rise to the rights and obligations of the owners of neighboring plots to mutually restrict use in order to prevent negative consequences or infringement of neighboring land use in favor of the one that is of the greatest public importance, which entails the establishment of zoning of territories according to the land use regime.

The land has a stable natural heterogeneity, which gives rise to a differentiation of the legal regime depending on the categories, lands, zones and other features of the land.

So, the lands are divided into:

Categories (according to the main purpose);
- land (for the direct purpose);
- zones (depending on the proximity to those parts of the land plots that, due to their special properties, have a special mode of use).

With the natural heterogeneity of the earth is also associated with the economic and legal regime of equalizing the conditions of management on the earth. For example, persons engaged in its agricultural development for the entire period provided for by the project for the production of land are exempted from payment for land.

The owner of a land plot is not free in his actions in connection with the state-established restrictions on the turnover of a land plot, that is, in terms of the purposes of its use today and in the future, considered by authorized state bodies. Thus, agricultural land is excluded from commercial circulation, and their use for other purposes is not allowed or limited.

Ownership of land in a certain sense is a conditional category. The earth is immovable, dominion over it is limited.

The right to own land is exercised by allocating a plot on the ground, the right to use is the possibility of economic exploitation of the land permitted by law, the right to dispose is the possibility of determining the legal fate of the land plot permitted by law. But if, by definition, the rights of the owner are those that are exercised exclusively by his will, then the possibility of the exclusive use of land enshrined in law is a restriction on the full and absolute right of ownership. The same restriction is the prohibition of the actual non-use of the land. So, if the owner of an agricultural land plot does not use it within a year (for non-agricultural production, a period of 2 years is established), the ownership of the land is terminated. That is, the state retains the possibility of terminating the rights of the owner in cases of actual non-use of the land or its misuse, as well as in case of irrational use of the land plot or in case of use that leads to environmental degradation, a decrease in soil fertility, and finally, in case of systematic non-payment of land tax in within two years and non-payment of debt within the next year. In addition, the state has the right to seize land from the owner for state or public needs through compulsory redemption (Articles 20, 40 of the Fundamentals of Land Legislation).

Consequently, the right of ownership of land would be more accurately referred to property rights of limited content.

Real rights of limited content

In accordance with Art. 294 of the Civil Code of the Russian Federation, these rights apply only to state or municipal unitary enterprises, that is, enterprises, 100% of the authorized capital of which is state-owned, created to conduct a type of commercial activity determined by the owner. An article from the Civil Code of the Russian Federation states: “The property of a unitary enterprise is indivisible and cannot be distributed among deposits, including among employees of the enterprise.” Article 295 of the Civil Code: “An enterprise is not entitled to sell real estate belonging to it on the right of economic management, rent it out, give it as a pledge, make a contribution to the authorized (share capital) of economic companies and partnerships, or otherwise dispose of this property without the consent of the owner ".

The powers of possession, use and disposal are presented here as follows:

Ownership is transferred in full;
- use is limited exclusively to the intended use;
- the disposal is carried out with the permission of the owner or a body authorized by him.

The subject is granted real rights of limited content to property owned by the state. These rights retain the absolute nature of their content and protection, however, they are derivative, dependent on the will of the owner, narrower in content, limited by the will of the owner and the law.

Article 295 of the Civil Code of the Russian Federation states: "The owner has the right to receive part of the profit from the use of property under the economic management of the enterprise."

Here arises the real right of a subject that is not the owner of the property transferred to him - the right of economic management. If an enterprise independently leases free space, a conflict situation arises - deriving income to the enterprise budget from unused space and, consequently, misuse of real estate.

Subjects of the right of full economic management at the same time acquire the right to independent management (entrepreneurial activity) or other use of someone else's property belonging to the owner.

The following options remain with the owner or a person authorized by him:

Create an enterprise and determine the goals of its activities;
- carry out its reorganization and liquidation (in this case, the owner needs to obtain the consent of the labor collective);
- exercise control over the efficiency of use and safety of the property entrusted to the enterprise, which means the possibility of conducting periodic audits and audits of financial and economic activities;
- receive part of the profit from the use of property transferred to the enterprise, the amount of which is determined by the agreement between the owner and the enterprise.

There may be other rights stipulated by the constituent documents of the enterprise.

Otherwise, the enterprise is free in its actions, unless other restrictions are established by the owner himself in the contract with the enterprise.

The law provides the holders of such rights in rem with the same opportunities to protect their interests as the owner, including from unlawful interference in the affairs of the enterprise by the owner himself.

The right of operational management in accordance with Art. 296, 297 of the Civil Code of the Russian Federation applies to the so-called state-owned enterprises, i.e. unitary enterprises based on federally owned property (Article 115) and institutions, i.e. organizations that are fully financed by the owner and do not bring him income (profit). Just like enterprises based on the right of full economic management, state-owned enterprises are created to solve problems formulated by the owner and on the basis of the owner's property. However, the circle of their independence in matters of disposing of the property of the owner is even more narrowed: the owner of property assigned to a state-owned enterprise has the right to withdraw excess, unused or misused property and dispose of it at his own discretion.

The owner, endowing the subordinate organization with certain property, imposes on it the obligation to use the specified property in accordance with its purpose and the tasks established by the owner. The “triad” of the owner’s powers is limited here not only by the law and the goals of the activity (which brings together the right of operational management of property and the right of full economic management), but also by the tasks of the owner (including the cost estimates of this institution expressed in the articles) and the purpose of the property, which is distributed according to various property funds in accordance with the legislation and instructions of the owner, and not at the discretion of the subject of property rights. Moreover, the owner (state) has the right to seize and redistribute the property of his institutions at his own discretion, that is, he can interfere in the financial and economic activities of institutions. The institution does not conclude any contracts with the owner or the body authorized by him (at least in relation to the property transferred to him for operational management). Thus, the volume of transferred property rights is even more infringed here: the organization carries out the possession, use and disposal of property within the limits established not only by law, but also by the owner. These relations go beyond the scope of property relations and are regulated by the norms of administrative law.

The right of operational management is subject to protection similar to the protection of property rights. Thus, institutions may challenge the validity of acts of state and other bodies on the seizure of their property, if such acts were adopted in violation of the competence of these bodies. However, disputes between the institution and the owner or the body authorized by him on these issues are possible only within the narrow framework of the right of operational management.

On the basis of Decree of the President of the Russian Federation No. 1230r “On Approval of the Standard Regulations on State Property Management Committees”, the Property Management Committees of the appropriate level were declared the only authorized body for disposing of federal, state and municipal property. They have been granted the exclusive right to manage property (that is, to dispose of property in order to generate revenue for the budget by granting the right to lease, the right to full economic management or operational management). That is why the Committees have the right to identify unused or misused real estate and use them in the manner indicated above.

Decree of the President of the Russian Federation No. 2296 “On Trust Property (Trust)” established the possibility of transferring ownership and related property and personal non-property rights for a certain period to a third party. Article 209 of the Civil Code of the Russian Federation already speaks of trust management and that the transfer of property to trust management does not entail the transfer of ownership to the trustee.

The design of the trust is borrowed by Russian law from Anglo-American law. It, in contrast to the continental (European) legislative systems, to which the Russian legal order has always belonged, allows the division (“splitting”) of the powers of the owner between several persons at the same time. At the same time, the founder of the trust (owner), in accordance with the goals determined by him, transfers certain property for management and disposal to another person (trustee, manager - trust), and the income from the use of such property, at the direction of the owner of the founder, goes to a third party - the beneficiary (beneficiary) , which can also be the owner-founder himself. In relations with all other persons, except for the founder and beneficiary, the manager-trustee acts as the owner, however, acting in strict accordance with the goals set for him by the founder.

The Civil Code, as well as similar legislation in most countries of continental Europe, does not stipulate the existence of such a legislative structure. It is believed that the owner either retains his powers in full, even when transferring property to another person, for example, for rent, or loses them along with the right of ownership, but cannot divide them between himself and other persons.

Corresponding trust property relations can legally be formalized in the form of contracts of agency or commission, or a special agreement on property management. True, by Decree No. 343r, the State Property Committee of the Russian Federation approved a standard agreement on the establishment of a trust (trust property) for a block of shares owned by the state.

The commercial practice of different countries has shown considerable convenience in the application of this institution of law, for example, in relation to trust transactions of banks with securities of their clients. In accordance with Art. 209 of the Civil Code of the Russian Federation, one can only speak of trust management of property, that is, this right is similar in terms of the transfer of powers of possession, use and disposal - the right to operational management of property, but the owner here can be any person who, in an agreement with the manager for the formation of a trust, independently stipulates the limits of transferred authority. Legislative norms regulating the right of operational management of property are not applicable here.

Real rights of persons who are not owners

The following categories of limited property rights of subjects that are not owners relate to land plots.

The right of lifetime inheritable possession of a land plot. Historically, such a legislative construction in continental land legislation has long been known. This is the ownership of land on the terms of a majorate. The emergence of the majorate is due to the fact that in the French kingdom until the end of the eighteenth century. in order to have a title of nobility, it was necessary to own land, which would be given a similar title. The founder of the primacy, most often the last representative of the ancient family in the male line, could establish the primacy on part of the land holdings of the clan, that is, this land should always be in the ownership of the family. It could not be sold, mortgaged or donated; moreover, the historical name of this estate was the surname of the founder of the majorate and became the surname of the subsequent owner of the majorate along with the assignment of the corresponding title of nobility to him. There always had to be a D'Artagnan of Artagnan, even if the possession of the majorat did not bring any income to the owner. In Russia, majorates appeared in the land legislation of Peter I along with the legislative regulation of the ownership of real estate.

Articles 266 and 267 state: “The right to lifelong possession of a land plot that is in state or municipal ownership is acquired by a citizen on the grounds and in the manner provided for by land legislation.”

Here, the owner of the land plot, on the basis of the right of lifetime inheritable possession, retains the rights of possession and use of the land plot, which are inherited. The right to use is also limited by an agreement with the owner - an authorized state body. Unless otherwise follows from the terms of this agreement, the owner of the site may erect buildings, structures or create other immovable property on it, acquiring the right of ownership to it. The authority of the disposal is limited - it is transferred to the owner of the site on the right of lifelong inheritable possession insofar as it entails the alienation of the land plot, that is, the owner of the site can lease it or otherwise use it as a profitable property until such actions entail behind the alienation of the land.

Decree of the President of the Russian Federation No. 2287 “On Bringing the Land Legislation of the Russian Federation into Line with the Constitution of the Russian Federation” removed this right in rem from the land legislation. It is again declared in the current Civil Code of the Russian Federation, but, like the right to permanent (unlimited) use of a land plot, it came into effect only after the introduction of the new Land Code of the Russian Federation.

The right to permanent (unlimited) use of a land plot. In accordance with Art. 268-270 of the Civil Code of the Russian Federation: “A person to whom a land plot has been granted for permanent use shall own and use this land plot within the limits established by law, other legal acts and an act on granting a land plot for use.”

The user of the site has the right to build up the site with structures intended for his own use, acquiring ownership of the erected real estate, unless otherwise provided by law or an agreement on granting the right to permanent use of the land plot. The user of the site on the right of permanent use should not use the site to generate income that is not specified by the purposes of using the land plot and the agreement with the owner. Here, the restrictions on the powers of possession, use and disposal are similar to the restrictions on the powers under the right of full economic management of property. The right of possession is transferred to the user, the right to use is limited by the agreement with the owner and the purposes of use, the right to dispose is entirely reserved for the owner.

Servitude - the right to limited use of another's property (object). An easement is established by mutual agreement of the interested parties, by a court decision or in accordance with the law and is subject to registration in the manner established for registration of rights to real estate.

The need for such a category of rights is especially evident in view of the existence of private ownership of land. The fact is that there are often cases when a certain land plot does not have all the properties and qualities that are necessary for its normal use. For example, there is no water, pasture, etc. on it. In order to make it possible and economically expedient to exploit this site, there is a need for the use (in an appropriate respect) of neighboring land.

An easement may be established to ensure passage and passage through a neighboring land plot, laying and operating power lines, communications and pipelines, providing water supply and reclamation, as well as other needs of the owner of immovable property that cannot be provided without the establishment of an easement.

Turning again to, it should be noted that the concept of a right to someone else's thing was developed by Roman lawyers as a real and absolute right. Since these were rights that belonged to some other persons (not owners), it is clear that a person who has the right to someone else's thing could not have the same extensive powers as an owner who could do anything with his thing, except what is expressly prohibited by law.

The most important category of rights to someone else's thing was the so-called rights or servitudes, which consisted in the right of one person to use (in some particular respect or in several respects) a thing belonging to another person. The rights to other people's things included the rights of real hereditary use of someone else's land for any strictly defined purposes, the right to use a building on someone else's land and a pledge right, which was established as a payment for some obligation to levy execution on a pledged thing, secured by a pledge right.

In accordance with Art. 274-277 of the Civil Code of the Russian Federation: “The owner of real estate (a land plot, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (neighboring plot) the right to limited use of the neighboring plot (servitude).

Encumbrance of a land plot with an easement does not deprive the owner of the land plot of the rights of possession, use and disposal of this plot.

The owner of a plot encumbered with an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established, a proportionate payment for the use of the plot.

When the ownership of a land plot encumbered with an easement is transferred to another person, the easement retains its force, that is, it encumbers the ownership rights of the assignee. An easement may encumber the ownership of buildings, structures and other immovable property.

An easement cannot be an independent subject of purchase, sale, pledge, and cannot be transferred in any way to persons who are not owners of immovable property to secure the use of which the easement is established.

Registration of rights to real estate

The system of registration of real estate and transactions with it adopted in the country is one of the most important conditions for the effective management of real estate, not only as a physical object of ownership and use, but also as an object of law (through the authority of disposal). The level and quality of its formulation largely determine the degree of protection of the rights and legitimate interests of citizens and organizations, as well as filling the budget of the state and its subjects through taxation. It is registration that gives people the title of owner - a legal right to real estate, which regulates both the rights of its owner and his obligations. The procedure for state registration is a set of rules governing relations between the state represented by the registering authority and the person applying for registration of an object belonging to him and rights to it.

According to Art. 131, 216, 265, 268, 294, 296 of the Civil Code of the Russian Federation and Art. 4 of the Law of the Russian Federation No. 122FZ “On State Registration of Rights to Real Estate and Transactions with It” (hereinafter referred to as the Law on State Registration of Rights), all objects subject to state registration and accounting.

Can be grouped into five groups:

1) rights of all forms of ownership;
2) property rights;
3) Restrictions (encumbrances) of rights;
4) actions (transactions) with real estate;
5) the physical objects themselves, subject to special registration or accounting.

Thus, Article 131 of the Civil Code of the Russian Federation establishes: “The right of ownership and other real rights to immovable things, restrictions on these rights, their occurrence, transfer and termination are subject to state registration in the unified state register by institutions of justice.

The right of ownership, the right of economic management, the right of operational management, the right of lifetime inheritable possession, the right of permanent use, mortgage, easement, as well as other rights in cases provided for by this Code and other legislative acts are subject to registration.

The rights of all forms of ownership, including state, municipal, private, common, etc., are subject to state registration.

Real rights of persons who are not owners provide a smaller amount of powers to their owners. Rights in rem include the right to manage property, the right to inherited possession of a land plot for life, the right to permanent use of a land plot, etc. By their legal nature, they are absolute, i.e. the subjects of such rights can exercise them independently, without the assistance of third parties. Even in the event of the transfer of ownership of real estate to another person, the property rights of persons who are not owners do not terminate, and they can continue to exercise their powers in relation to property, provided for by the relevant articles of the Civil Code of the Russian Federation. Therefore, any real right regulated by the Civil Code of the Russian Federation must be registered.

Restrictions (encumbrances) on real estate rights (servitudes, mortgages, trust management and leases) have a different legal nature. So, an easement is a limited property right, a mortgage is a way to secure obligations, and a lease and trust management are contractual obligations. Attention should be paid to the apparent discrepancy between the provisions of the Civil Code of the Russian Federation, which refers to the registration of lease agreements, and the Law on State Registration of Rights, which refers to the registration of rights to lease real estate. Since the lease right itself is embodied in the lease agreement, it is the agreement that must be registered as the bearer of the lease right.

The rights and obligations of the landlord and tenant arising from the lease agreement are binding, and, according to the Civil Code of the Russian Federation, they should not be registered.

State registration of the transfer of real estate to trust management is carried out in the same manner as the transfer of ownership. Any rights to real estate related to its disposal on the terms of trust management or guardianship must be registered only on the basis of documents defining such relations, including on the basis of agreements or a court decision.

Actions (transactions) with real estate and property cause or may cause the emergence or termination, change or restriction, transfer or transfer of property rights to real estate. Each such transaction with real estate must be notarized and registered with the state body that carries out state registration of transactions. Registration of real estate transactions is actually a three-stage process. These are departmental registration, notarization of the transaction and registration in the KZRZ or in the city bureau for registering real estate transactions. In the districts administratively subordinated to St. Petersburg, the functions of the registration bureau are performed by the design and inventory bureaus (PIB), where such transactions were previously registered.

The right of ownership and other real rights arise not only from contracts of sale, exchange, donation, but also during the construction of an object, its reconstruction, sale at an open auction in enforcement proceedings. According to the Civil Code of the Russian Federation and Art. 25 of the Law on State Registration of Rights, newly created real estate objects are subject to state registration.

The term “real estate” in the general case can be understood as land with buildings located on it, that is, a completely specific physical object that can be “touched”. But, on the other hand, the goods in the real estate market are not physical objects, but various rights to these objects. Each right gives its owner certain benefits, which can be expressed in the form of cash flows, prestige, self-satisfaction, business conditions, quality of housing, etc. object and rights to it.

The central legal institution in a market economy is the right to property. This right gives a person legal power over a thing and is called a real right. Different types of property rights differ precisely in the extent of this power; property rights also include: the right of lifetime inheritable possession of property; the right to permanent (unlimited) use of property; easements; the right of economic management of property; the right to operational management of property. With the exception of the right of ownership, all other rights in rem are rights in other people's things.

The right of ownership is determined by the 17th chapter of the Civil Code of the Russian Federation. Property is a set of rights that can be distributed among different subjects or concentrated in one hand:

Ownership- the primary component of ownership, based on the law of physical control over the object, the ability to own it, keep it in your household, on the balance sheet, etc., the actual possession of the object. It creates the necessary prerequisites for the implementation of two other powers - use and disposal. You can own a property, but not use it. It is impossible to use the object of real estate without actually owning it.

Use - the use of the object of property in accordance with its purpose at the discretion and desire of the user or owner, the extraction of useful properties or income from the object. Possession and use can be combined in the hands of one entity or divided between different entities.

Disposition- a comprehensive, highest way to implement the relationship between the object and the subject of ownership, i.e., this is the right to decide how and by whom the property itself and the income received from it can be used; determination of the legal fate of the property. That is, the owner of real estate not only owns and uses the property, but also disposes of it for the purposes and within the limits that do not violate the rights of the owner of the restrictions established by law.

Full ownership refers to the right to own, use and dispose of property within the limits that do not contradict local law. Full ownership has the highest value.

Economically, property is realized when it begins to generate income, that is, in the process of appropriation and alienation of land and other real estate as the main factor of production and its results - income. There are two main methods of appropriation and alienation of goods: individually isolated - private and joint - common, public. Accordingly, on the basis of the subject of appropriation, two main forms of ownership are distinguished: private and public (state and municipal).

Subjects of ownership of real estate are the owners of specific land plots and other real estate objects, endowed with land rights and bearing obligations in accordance with land, civil, water, forestry and other legislation of Russia. Three main groups of subjects enter into property relations regarding real estate:

the Russian Federation and the constituent entities of the Russian Federation represented by state authorities, cities, regions, settlements represented by local governments;

citizens, associations of people, families, social group, including foreign citizens;

legal entities - commercial, non-commercial and other organizations, including foreign ones.

In the modern civilized world, “sacred and inviolable” property has long ceased to exist. The powers granted to the private owner by definition often conflict with the interests and rights of other individuals and society as a whole. The laws of all countries, starting with the ancient Roman state, provide for restrictions on property rights based on the interests of society, religious, environmental, transport and other requirements. In accordance with the current Constitution of Russia (Article 36, part 2) and the Civil Code of the Russian Federation (Article 209, part 3), the owner, using his real estate, must not violate the rights and legitimate interests of others and is obliged to comply with environmental, sanitary -hygienic and other conditions.

In Russia, as in many developed countries of the world (USA, England, etc.), it has been established that when private property impedes the realization of public interests, it is subject to permanent or temporary restrictions.

Permanent restrictions on the ownership of real estate objects due to their limitedness and indispensability in entrepreneurial activity include:

zoning system;

rational use and protection of lands;

environmental control;

protection of legal rights and interests of other owners, tenants and land users;

accounting for building codes and regulations, planning and development projects for settlements;

restrictions on the rights to use or dispose of historical, cultural monuments, protected areas, agricultural lands, etc.;

For the owner of immovable property, the law may establish certain temporary restrictions (encumbrances) that restrict his rights in the exercise of property rights. Ownership Restrictions:

easements;

• trust management;

  rent, leasing.

The owner of immovable property (a land plot, other real estate) has the right to demand from the owner of a neighboring plot, and, if necessary, from the owner of another land plot (neighboring plot) to grant the right of limited use of the neighboring plot – servitude. Distinguish between positive and negative easements. Positive easements are the right of a person who has an easement to perform certain actions to the detriment of someone else's property. These include the right of passage or passage through a “servant” land plot, driving livestock through it, using water or pastures, laying transmission lines, communications and pipelines, etc. ” The “employee” of the site refrained from any kind of its use. For example, the right to demand that buildings or structures not be erected or erected that cannot impede access to the “dominant” area of ​​​​light and air (light and air easement) or spoil the view (view easement). An easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot and is subject to registration in the manner established for registration of rights to immovable property. In case of failure to reach an agreement on the establishment or conditions of an easement, the dispute is resolved by the court at the suit of the person demanding the establishment of an easement. The owner of a plot encumbered with an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established, a proportionate payment for the use of the plot. An easement may be encumbered with buildings, structures and other real estate, the limited use of which is necessary outside of the use of the land plot.

Mortgage This is a loan secured by real estate. A mortgage secures obligations with immovable property, in which the creditor (mortgagor) has the right, in case of default by the debtor (mortgagor), to receive satisfaction from the mortgaged immovable property. The property on which a mortgage has been established remains in the possession of the pledgor, i.e. the debtor. The mortgage agreement is concluded in compliance with the general rules of the Civil Code of the Russian Federation on the conclusion of an agreement, taking into account the provisions established by the relevant articles of the Federal Law of the Russian Federation of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate)”.

Trust management of property(trust) is a new phenomenon in Russia, which applies primarily to state-owned shares of privatized enterprises. The newly introduced (clause 4, article 209 of the Civil Code) institution of trust management of property allows the owner (founder of management), including the state as a business entity, to transfer to another person (trustee) their rights of possession, use and disposal of property belonging to him for a certain term, which, however, does not lead to the transfer of ownership of the property transferred to trust management to the trustee. Nevertheless, without becoming an owner, the trustee has the opportunity to own, use and dispose of the property entrusted to him in property circulation on his own behalf, but in the interests of the owner. The objects of trust management may be enterprises and other property complexes, individual objects related to real estate.

Rent- This is the right to use someone else's real estate under certain conditions. Under a lease agreement, the lessor (owner) undertakes to provide the lessee (tenant) with real estate for a fee for temporary use. Land plots, isolated natural objects, enterprises, property complexes, buildings, structures and other things that do not lose their natural properties in the process of their use can be leased. The term of the lease is determined by the contract; at the same time, the lease may be concluded for an indefinite period, if the latter is not specified in the contract. The tenant is obliged to timely pay for the use of the property (rent). The procedure, conditions and terms for paying the rent are determined by the lease agreement. Upon termination of the lease agreement, the tenant is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear, or in the condition stipulated by the agreement.

Leasing is one of the types of financial lease. Under a leasing agreement, the lessor undertakes to acquire ownership of the property specified by the lessee from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use for business purposes. The leased property passes into the ownership of the tenant upon the expiration of the lease term or before its expiration, provided that the tenant pays the entire redemption price stipulated by the agreement.

The most complete in composition is the interest of full ownership, the owner of which has the perpetual right to use or alienate real estate at his own discretion, subject to the law and the inalienable rights of other members of society. A freehold owner can create smaller interests, such as a leasehold interest in which the owner (tenant) is given the right to use the property for a specified period in exchange for rent. In turn, the tenant can create a sublease interest by transferring the right to use the property to the subtenant. Theoretically, this process is unlimited. In this case, the rent that the main tenant pays to the owner of the full ownership is called the main or main rent, and, accordingly, the rent paid by the subtenant “to his landlord” is called the subrent. The difference between the sublease and the main rent is called income or profitable rent.

Various actions can be carried out with real estate that entail the emergence, change or termination of rights and obligations in relation to it, i.e. various transactions are carried out: rent, pledge, inheritance, donation, purchase and sale, trust management, permanent use, full economic management, insurance, leasing, sublease, contribution to a joint-stock company, privatization, etc. An additional stage of real estate transactions is state registration of rights to real estate and transactions with it, which is regulated by the Civil Code of the Russian Federation, Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, other federal laws and regulations of the Russian Federation. State registration is the only proof of the existence of a registered right and is carried out at the location of real estate according to the established system of records of rights to each real estate object, which is recorded in the Unified State Register of rights to real estate and transactions with it. Extracts from the Unified State Register of Rights, approved in the prescribed manner, must contain a description of the property, registered rights to it, as well as restrictions (encumbrances) of rights. The use of information contained in the Unified State Register of Rights, in ways or in a form that damages the rights and legitimate interests of copyright holders, entails liability under the laws of the Russian Federation. State registration of rights to real estate and transactions with it is carried out by the institution of justice for state registration of rights to real estate and transactions with it in the territory of the registration district at the location of real estate.

According to the current legislation, the ownership of real estate is subject to mandatory registration with the relevant authorities. This applies to houses, apartments, offices and other residential and commercial premises. Therefore, after the transaction for the alienation of the object or upon completion of its construction, it is imperative to go through this procedure.

Registration Service

Currently, the only body carrying out this procedure on the territory of the Russian Federation is Rosreestr. The full name of the organization is the Federal Service for State Registration, Cadastre and Cartography. It is represented in all subjects of the federation and works with citizens at the location of real estate.

Until 1998, several structures dealt with this issue. Land was registered separately in special committees, and buildings - in BTI. Subsequently, the functions were transferred to a single service, which is currently in charge of all real estate objects without exception.

Who collects documents

All necessary papers are submitted to Rosreestr by the owner (he can be either a private person or a legal entity) or his representative. Their list largely depends on the type of object and the method of entry into the property. When it comes to individual construction, this issue is dealt with directly by the owner or a specialist hired by him. In the case of purchasing an apartment in the primary market, the developer is responsible for collecting documents, and in the case of a property transfer transaction, the notary is responsible. If the alienation of property occurs without his participation (this is permitted at the legislative level), at the request of the owner, he can deal with all issues related to registration on his own or resort to the help of specialists in this field. The new owner will be able to dispose of the property only after the completion of this procedure.

Registration of ownership of real estate - the operation is not too complicated, but bureaucratic. Each case requires its own list of required documents. For this reason, most citizens prefer to pay an intermediary and shift all the hassle onto his shoulders. If the owner decided to carry out the procedure on his own, first he needs to find out what certificates will be needed for this and where they are taken.

List of documents

As mentioned above, it largely depends on how exactly the ownership of real estate arose, and what specific object is being discussed. In practice, individuals most often deal with housing: apartments, houses or suburban buildings. Based on this, it is possible to single out several generalized registration options for individuals who have to deal with. Firstly, these are land plots (for individual construction or gardening). Secondly, houses. Thirdly, apartments.

The emergence of ownership of real estate may be in connection with its transfer from another person (seller, donor or testator) or primary (for example, building a house). When applying to Rosreestr, regardless of the type of object and other nuances, it will be necessary to present a civil passport. It does not hurt to prepare a copy of it (or rather a few), it can also come in handy. You will also need a receipt for payment of the state fee. Details and the amount, as a rule, are placed on the information stand. When submitting documents, fill out an application in a special form. It is taken at the representative office or on the official website of Rosreestr.

Registration is carried out on the basis of a cadastral passport. A contract of sale, donation, exchange, a certificate of the right to inheritance or a court decision can act as a title document. You will also need a certificate of absence of buildings (if there are none), a deed of transfer (drawn up by the parties to the transaction in a simple form), sometimes the consent of the spouse of the new owner, certified by a notary, is required. In the case of initial registration, it is necessary to provide the Rosreestr with a resolution on the transfer of ownership of the site (it is issued by the local government).

As for houses, the list of papers can be much longer. Registration of ownership of real estate takes place on the basis of a cadastral and technical passport (these are different things), as well as a title document of exchange, sale, etc.). In the absence of the latter (if we are talking about recently, it is not provided. Country buildings intended for gardening (dachas) are registered according to a simplified scheme - in a declarative way, without the participation of the BTI. The owner only needs to fill out a special form, where he independently indicates all the necessary characteristics.

Registration of ownership of the apartment

This is the most common action performed by individuals in the bodies of Rosreestr. If we are talking about the secondary real estate market, then the owner should have all the documents necessary for this procedure in his hands as a result of the transaction. Firstly, this is a technical passport (it is transmitted by the former owner of the apartment). Secondly, the title document itself (notarized or drawn up in a simple written form). In the latter case, 2 more documents will be needed: an object between the parties to the transaction and the consent of the spouse to complete it.

It should be noted that registration of ownership of an apartment may require additional certificates, which will be reported by a specialist during data processing. Only an experienced specialist in this field can foresee all the nuances in advance.

About timing

According to the current legislation, registration of ownership of real estate must be carried out no later than one month from the date of submission of documents. In practice, in some localities it happens much faster (from 10 to 14 days), while in others it is delayed. In the latter case, the actions of the registrar may be challenged in court. However, this makes sense only if the full package of documents is submitted, since the allotted time is considered from the moment the registrar receives the last certificate from the list.

About intermediaries

Since the registration of ownership of real estate is a rather painstaking process and requires careful preparation, it is sometimes not very easy for an ordinary citizen. If a person has never encountered this issue, he simply does not understand where to get this or that certificate, where to go and what to do. Therefore, there are many specialized firms offering their services for registering real estate. Some of them help in the collection of documents, others represent the interests of the client in Rosreestr. There are those who accompany the transaction, starting with the search for a property and ending with the registration of ownership.

Undoubtedly, such assistance can be useful to many, especially since the prices of intermediaries are generally very acceptable. The main thing is not to try to save on them by contacting a dubious company, guided only by the cost of the services of its employees. Unfortunately, scammers are not uncommon in this area.

Registration of an apartment purchased on the primary market

After the house is accepted into operation by the state commission and the BTI, the developer prepares documents for each specific apartment. As a rule, the employees of the company independently register the ownership in the name of the client and transfer the finished documents to him. In some cases, an additional fee is charged for this, in others - the service is included in the price of housing.

Registration of ownership of an apartment purchased on the primary market can be executed by the owner himself. To do this, in addition to your passport and a receipt for payment of the state duty, you need to provide a completed application, an agreement with the developer and an act of acceptance and transfer of the apartment (signed with him). If everything is in order with the documents and no errors are found in them, within a month the owner will become the full owner of the housing and receive the appropriate document.

Registration when registering an inheritance

This question interests many citizens. In particular, is it possible to carry out the alienation of the object immediately after receiving the certificate? Having inherited a house or its share in a foreign city, the owner often tries to immediately sell or donate it. However, this is possible only after its appropriate registration. Unfortunately, the law does not provide for the implementation of several transactions at the same time, including the entry into the inheritance. Registration of real estate ownership in the bodies of Rosreestr is a procedure without which it is not considered complete. For this reason, the heir will first have to arrange everything as it should be, and only then dispose of the property.

Ownership of legal entities

In principle, there is no big difference between registering real estate for a company and for an individual. Documents are submitted and processed in the same way. True, their list can be a little longer. In addition to all standard certificates and papers related to the object itself, the owner's documents are presented to Rosreestr. For a legal entity, these are copies of the charter and They can be notarized or authorized by the company itself. Depending on the type of activity of the enterprise, additional information may be required. Documents are submitted by a person who has the right to sign, in accordance with the charter, or acting on the basis of a power of attorney.

Real estate disputes

Unfortunately, they happen quite often. We are talking about relatives who did not share the inheritance, and about former spouses during a divorce, and about co-owners of the enterprise, and just about neighbors. Recognition of ownership of real estate in a judicial proceeding is carried out in the event of its contestation or division of property, when a voluntary settlement of the issue is not possible. The result of such proceedings may be a court decision depriving one citizen of the right of ownership and transferring it to another. It is also subject to mandatory registration with Rosreestr, along with a contract of sale or exchange. This should not be forgotten, because otherwise the new owner will not be able to fully dispose of the property.

The current legislation provides for mandatory registration in the Rosreestr of any real estate. This procedure may not be very simple and understandable, especially when an ordinary person has to go through it, without special knowledge. Therefore, it is better to entrust the collection of documents, their execution and filling out all the necessary papers to a competent specialist.

1. The transfer of ownership of real estate under a contract for the sale of real estate to the buyer is subject to state registration.

2. The execution of the real estate sale agreement by the parties before the state registration of the transfer of ownership is not a basis for changing their relationship with third parties.

3. In the event that one of the parties evades state registration of the transfer of ownership of real estate, the court has the right, at the request of the other party, and in cases provided for by the legislation of the Russian Federation on enforcement proceedings, also at the request of the bailiff, to make a decision on state registration transfer of ownership. The party that unreasonably evades the state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.

Commentary on Art. 551 of the Civil Code of the Russian Federation

1. A requirement is established according to which the right of ownership and other real rights to real estate - the emergence, transfer, restriction and termination - are subject to state registration in the USRR.

The following rights to real estate are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent (unlimited) use (the right of gratuitous fixed-term use), rent, mortgage, easement, as well as other rights in cases provided for by law.

At the same time, restrictions (encumbrances) of rights to immovable property arising on the basis of an agreement or act of a state authority or local self-government body are subject to state registration in cases provided for by law.

2. It should be noted that state registration is a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer or termination of rights to real estate. At the same time, in accordance with the Federal Law of July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” (hereinafter referred to as the Law on Registration), state registration is the only evidence of the existence of a registered right, which essentially means presumption of correct registration of rights. Accordingly, a registered right can only be challenged in court.

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Collection of legislation of the Russian Federation. 1997. N 30. Art. 3594.

3. Following the legislative logic, the Registration Law connects the emergence and termination of certain rights to real estate with the moment of state registration, i.e. state registration has not technical, but legal (law-forming) significance. The rights acquired by various persons arise on the basis of a legal structure that includes two legal facts: an agreement and an act of registration of a right. Only after state registration, buyers acquire the right of ownership and, therefore, are able to own, use and dispose of real estate at their own discretion.

4. Along with Art. 131 of the Civil Code of the Russian Federation contains a number of other rules indicating the need for state registration of rights and transactions in real estate: Art. 164 "State registration of transactions", art. 223 "Moment of the acquisition of the right of ownership by the acquirer under the contract", Art. 433 "The moment of conclusion of the contract", as well as other rules contained in both the first and second parts of the Code; the commented article should be included in the same series.

5. The procedure for state registration and the grounds for refusal of registration are established by the Law on Registration, the Rules for Maintaining the Unified State Register of Rights to Real Estate and Transactions Therewith, the Administrative Regulations for the Performance of the State Function for State Registration of Rights to Real Estate and Transactions Therewith, as well as other regulatory legal acts.

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Collection of legislation of the Russian Federation. 1998. N 8. Art. 963.

Bulletin of normative acts. 2006. No. 41.

As already mentioned, the requirement for state registration of transactions with residential premises is a general rule, from which there are some exceptions.

Thus, the rights to residential premises arising from a contract for commercial, social and other rental of residential premises (Chapter 35 of the Civil Code) are not subject to state registration.

Members of a housing, housing construction, dacha, garage or other consumer cooperative, other persons entitled to share accumulation, who have fully paid their share contribution for an apartment, dacha, garage, other premises provided to these persons by the cooperative, acquire ownership of the said property ( paragraph 4 of article 218 of the Civil Code), i.e. ownership of real estate not from the moment of state registration, but by virtue of law - from the moment of payment of the specified share. It is obvious that the legislation establishes other exceptions to the general rule, in particular paragraph 4 of Art. 1152 of the Civil Code of the Russian Federation, etc.

6. In contrast to the previous procedure for registering real estate, the Civil Code of the Russian Federation and the Registration Law in some cases provide for separate state registration of transactions and the emergence of rights. We are talking about a contract for the sale of residential premises (see Article 558 of the Civil Code and a commentary to it), as well as the sale of an enterprise.

Initially, we will consider the ratio of state registration of transactions and rights in transactions aimed at the alienation of residential premises.

It should be noted that in relation to the sale and exchange of real estate, the general rule set forth in Art. 551 of the Civil Code of the Russian Federation. In accordance with this norm, state registration of the contract is not provided for (the agreement is valid from the moment of signing), only the transfer of ownership is subject to registration. At the same time, the exceptions are contracts for the sale and exchange of residential premises (paragraph 2 of article 558 of the Civil Code). Here, both the contract and the transfer of ownership are subject to registration.

With regard to a gift agreement, the law also provides for separate registration of the agreement and the transfer of ownership from the donor to the donee.

A rent agreement providing for the alienation of housing is subject to notarization and state registration. In addition, the transfer of ownership is also subject to registration.

When inheriting a dwelling, the transfer of ownership must be registered.

The contract of trust management of real estate is not subject to state registration (clause 2 of article 1017 of the Civil Code), the appropriate registration is required by the transfer of ownership under the contract.

In practice, questions often arise about the need for mandatory notarization of transactions with residential premises.

In accordance with paragraph 2 of Art. 163 of the Civil Code of the Russian Federation, notarization of transactions is mandatory in cases specified in the law, as well as in cases provided for by agreement of the parties. In this regard, notarial registration can be conditionally divided into mandatory, derivative and voluntary.

Mandatory notarial registration is provided for a rent agreement (Article 584 of the Civil Code). In addition, mandatory notarization of wills (including wills of residential premises) is prescribed.

We consider it possible to call notarization of contracts, which is mandatory by virtue of already existing agreements, derivative (or accessory, additional). There are two types of agreements that are subject to this design:

1) a pledge agreement for movable property or rights, if the obligation secured by the pledge is contained in a notarized agreement;

2) assignment of rights and transfer of debt, based on an agreement made in a notarial form.

In both cases, housing is not the subject of contracts.

Voluntary notarial certification of transactions is necessary in cases stipulated by the agreement of the parties. For example, citizens agreed to apply to a notary for a qualified execution of an agreement. Undoubtedly, the registrar is obliged to accept for registration documents drawn up in a simple written form, if the law or the contract does not provide for notarization.

It should be noted that from September 1, 2006, a notary who certifies a transaction or documents on the basis of which the relevant rights arise, has the right, at the request of the right holders (parties of the transaction), to act after he has performed notarial acts and as an applicant in the bodies of state registration of rights to real estate .

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This authority was granted to the notary in connection with the adoption of the Federal Law of June 30, 2006 N 93-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Simplified Registration of Citizens' Rights to Certain Real Estate Objects" // Collected Legislation of the Russian Federation . 2006. N 27. Art. 2881.

In this case, not any notary has the right to act as an applicant in the registering authority, but only the one who directly performed the notarial act with the documents submitted for state registration. At the same time, if a notary acts as an applicant in the registration authority, he also receives all the necessary documents after state registration for the subsequent transfer to the right holders of all documents registered with the authorized body, including a certificate of registration of rights. It should be emphasized that in this case there is no mandatory notarization of transactions. Everything depends only on the will of the persons who applied to the notary: to register their property on their own or to entrust the notary to do it for themselves.

According to Art. 15 of the Fundamentals of Legislation on Notaries, a notary has the right to submit, in the manner prescribed by the Law on Registration, an application for state registration of rights to real estate and transactions with it and other documents necessary for such state registration to the body that carries out state registration of rights to real estate and transactions with it. him, in case of notarial certification by him of the relevant transaction or other relevant notarial action, as well as to receive certificates of state registration of rights and (or) other documents for transfer to the persons in whose interests such state registration was carried out.

In cases where one of the parties evades state registration, the other party, on the basis of paragraph 3 of Art. 165 of the Civil Code of the Russian Federation has the right to apply to the court for the protection of their rights. The court, upon clarification of all the circumstances, may make a decision on state registration of the transfer of rights. In this case, the party that unreasonably evades registration will be forced to compensate the other party for losses caused by the delay in registration.

The Supreme Arbitration Court of the Russian Federation, in an information letter dated November 13, 1997 N 21, containing an Overview of the practice of resolving disputes arising under contracts for the sale of real estate, indicated that if a contract for the sale of a residential building is executed by one party (the buyer paid the cost of housing, and the transfer was carried out under the act of acceptance and transfer) and at the same time the conclusion of the contract itself was not disputed, then such an agreement is subject to state registration. If a party evades registration, the court has the right to make an appropriate decision. This decision is the basis for the obligation of the registering body to carry out state registration of the transaction.

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Bulletin of the Supreme Arbitration Court of the Russian Federation. 1998. N 1. S. 81 - 82.

An analysis of the norms of the Civil Code of the Russian Federation and the Registration Law allows us to single out four interrelated principles of state registration:

firstly, a single procedure for state registration is independent of the object of registration and the region;

secondly, the unified registration authorities are the territorial bodies of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr);

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Decree of the President of the Russian Federation of December 25, 2005 N 1847 "On the Federal Service for State Registration, Cadastre and Cartography" // Collection of Legislation of the Russian Federation. 2008. N 52. Art. 6366; Regulations on the Federal Service for State Registration, Cadastre and Cartography, approved. Decree of the Government of the Russian Federation of June 1, 2009 N 457 // Collection of Legislation of the Russian Federation. 2009. N 25. Art. 3052. It should be noted that from January 1, 2005, the federal executive body responsible for registration of rights to real estate and transactions with it was the Federal Registration Service (Rosregistration), which, in accordance with the Decree of the President of the Russian Federation of May 12, 2008 Mr. N 724 "Issues of the system and structure of federal executive bodies", as well as at present, was subordinate to the Ministry of Economic Development of the Russian Federation.

thirdly, maintaining the Unified State Register of Rights;

fourthly, the public availability of information on state registration of rights.

There is no consensus in the scientific literature regarding the set of principles that should form the basis of state registration, in connection with which other principles are often singled out.

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See, for example: Alekseev V.A. Real estate: state registration and problems of legal regulation. Moscow: Wolters Kluver, 2007; Trestsova E.V., Ogorodnikov M.S. Problems of the theory and practice of state registration of rights to real estate and transactions with it. Ivanovo: Ivan. state un-t, 2008 // SPS "ConsultantPlus"; Karlin A.B. Principles of the registration system of rights to real estate in conditions of economic integration // Bulletin of the Ministry of Justice of the Russian Federation. 2005. N 1. S. 39 - 40; and etc.

The territorial body of the Rosreestr is obliged to provide information about real estate objects at the request of any person, including those sent by mail, using public communication networks or other technical means of communication, as well as providing access to an information resource containing USRR information (with the exception of information, access restricted by federal law). The specified information is provided within a period of not more than five working days in the form of an extract from the USRR or in another form determined by the regulatory body in the field of state registration of rights. Such an extract must contain a description of the real estate object, registered rights to it, as well as restrictions (encumbrances) of rights, information about the legal claims existing at the time of issuing the extract and the rights of claim declared in court in relation to this real estate object. If the provision of the requested information is not allowed in accordance with federal law or the requested information is not available in the USRR, the registering authority, within a period not exceeding five working days, issues or sends a reasoned decision, respectively, on the refusal of the requested information or on their absence in the USRR.

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In accordance with Decree of the Government of the Russian Federation of June 5, 2008 N 437, the Ministry of Economic Development of Russia is a federal executive body that performs the functions of legal regulation, including in the field of state registration of rights to real estate, the state real estate cadastre, and the implementation of state cadastral registration and cadastral activities // Collection of legislation of the Russian Federation. 2008. N 24. Art. 2867.

The state registration procedure is established in accordance with the Law on Registration, and in some part - the Rules for Maintaining the USRR.

In order to carry out state registration, persons (right holders or persons authorized by them with a duly executed power of attorney) who wish to register rights to real estate submit, and the relevant registering authority accepts the documents necessary for state registration, with a document confirming payment of the state fee attached, if otherwise not established by federal law.

The territorial bodies of Rosreestr conduct a legal examination of documents, as well as verify the legality of the transaction. After that, they establish the absence (or presence) of contradictions between the claimed and already registered rights to a particular object, as well as other grounds for refusing or suspending state registration of rights. If there are no contraindications, then entries are made in the USRR. And finally, an entry is made on title documents and certificates are issued on the state registration of rights.

We emphasize that the state registration of rights is carried out no later than one month from the date of submission of the necessary documents, unless other terms are established by law.

During the period from 2006 to 2010, various changes were made to the Registration Law related to the trend in the development of legislation, which has been manifesting itself in an ever-increasing volume in recent years, which in turn is due to the state policy to ensure the reduction of financial and other costs of citizens and legal entities.

The Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation Concerning the Simplified Registration of Citizens’ Rights to Certain Real Estate Objects” introduced significant changes to the Registration Law, in respect of which I would like to draw attention to the following main points.

The high dynamics of changes in legislation, in particular regarding the procedure for granting land plots, had a negative impact on the legal purity of the "primary" title documents. Thus, cases when land plots were provided without specifying the type of right to use the land plot provided for by the previous legislation became widespread. The documents on the provision of a plot could indicate: “provide for use”, or “provide for actual use”, or “provide a plot of such and such an area” for, for example, the construction of a residential building. Now such documents are recognized as legally valid as documents certifying the right of a citizen to the land plot indicated in them, even if it is impossible to determine from these documents the type of right on which the corresponding plot is granted.

All citizens who have land plots on the right of permanent (perpetual) use, lifelong (inherited) possession, or who have documents in their hands in which the type of right is not indicated, do not need to submit any additional decisions on the privatization of their plots.

The composition of the documents submitted to the registration authority has been specified. For the initial registration of ownership of land provided for housing construction, personal subsidiary plots, gardens, dachas, orchards, it is enough to submit two documents:

- an act on the provision of a land plot (or other document certifying the right to a land plot);

— cadastral passport (plan) of the land plot.

The issue of personal subsidiary farming (LPH) has been resolved. Lands under private household plots were distributed by collective farms, and often there are no documents on them. Now, in order to register the ownership of the relevant land plot (LPS), extracts from household books certified by local governments can be submitted.

It should be noted that these real rights are re-registered (precisely re-registered) into the right of ownership (except for cases when a ban on privatization is established in respect of a land plot).

It is also important that restrictions were also lifted regarding the number of land plots that could be issued in the order of free privatization of ownership. Now the citizen is given the opportunity to register the right of ownership to any number of plots free of charge.

The procedure for making transactions, including purchase and sale, with real estate objects, the rights to which have already been previously registered in accordance with the procedure established by the Registration Law, has been significantly simplified. For example, when the owner sells any property, it is not required to submit a passport (plan) of this property containing its description, including when making a transaction with a land plot, the presentation of an “updated” cadastral passport (plan) is not required. If earlier a citizen who registered his ownership of real estate, for example, a residential building, after a certain period of time decided to sell it, was forced to re-register (clarify) its description, now this is not required. Thus, the registrar is relieved of his unusual function of controlling the re-inventory of an object, which, of course, was carried out at the expense of citizens.

At the same time, citizens are given the opportunity to clarify data on both the real estate object and the area of ​​the land plot without re-registration. Such clarifications are made on the basis of the application of the right holder and the passport (plan) of the real estate object provided by him, including the declaration containing the description of the real estate object.

In order to carry out technical accounting of the rights to real estate objects registered according to the declaration submitted by the citizen, the registering body is obliged to send copies of these declarations to the body for registration of real estate objects.

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Rules for sending a copy of the declaration on a real estate object, the ownership of which is registered by the body that carries out state registration of rights to real estate and transactions with it, to the organization (body) for registering real estate objects, approved. Decree of the Government of the Russian Federation of August 31, 2006 N 531 // Collection of Legislation of the Russian Federation. 2006. N 36. Art. 3836.

A novelty is the possibility established by the Law on Registration to enter into the USRR updated data on a real estate object or on the area of ​​a land plot and the location of its boundaries outside the declarative procedure. Thus, the body for registration of real estate objects (or in relation to a land plot - the cadastral body) has the right to independently submit to the body for registration of rights updated information about these objects, but only with the written consent of the right holder of the relevant real estate object. In cases where the land plot was provided for temporary use (lease) and this is expressly indicated in the documents, the effect of the above procedure for registration of rights to land plots does not apply.

The procedure for registering ownership of any buildings has been significantly simplified: country houses, garages, bathhouses and other buildings. For all these buildings, the rights are registered (if the rights to the land plot are not registered) on the basis of three documents:

2) a document of title to a land plot;

3) cadastral passport (plan).

If the ownership of the land plot is formalized, then it is enough to submit one declaration.

If the land plot is intended for dacha farming or gardening, it is necessary to submit the conclusion of the relevant board of the non-profit association that the immovable property being created or created is located within the boundaries of the land plot of a member of the non-profit association (this conclusion must also be submitted if the citizen independently maintains the indicated types of activities on the territory of a dacha or horticultural association).

In cases with personal subsidiary farming, a conclusion of the local self-government body of the settlement or district similar in content is submitted.

To register property rights to an individual housing construction object (residential building), instead of a declaration, it is necessary to submit a technical passport of such an object to the registration authority. In this case, in order to legitimize the rights to a residential building, it is not required to obtain a construction permit, as well as until March 1, 2015 - permission to put such an object into operation.

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Changes relating to the specified period were introduced by the Federal Law of July 17, 2009 N 174-FZ "On Amendments to Certain Acts of the Russian Federation" // Collected Legislation of the Russian Federation. 2009. N 29. Art. 3611.

Federal Law No. 66-FZ of May 13, 2008 “On Amendments to Certain Legislative Acts of the Russian Federation and Recognition as Invalid of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation in Connection with the Adoption of the Federal Law “On the State Cadastre of Real Estate” into Article , establishing the requirements for documents submitted for state registration of rights, the first changes were made aimed at simplifying the registration of rights to real estate objects. Namely: if, in connection with a change in information about an immovable property, it is necessary to make appropriate changes to subsection. I Unified State Register, updated data on such a real estate object are entered into the Unified State Register of Real Estate without re-registration on the basis of a document submitted by the cadastral registration authority in accordance with the Cadastre Law on the state cadastral registration of such a real estate object. Updated data on such a real estate object can also be entered into the Unified State Register of Real Estate without re-registration on the basis of an application from the right holder of such a real estate object and the attached cadastral passport of such a real estate object or the attached cadastral extract on such a real estate object containing new information entered into the state real estate cadastre such real estate.

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Collection of legislation of the Russian Federation. 2008. N 20. Art. 2251.

On December 9, 2009, the State Duma adopted the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation”, which generally excludes the need for a citizen to participate in changing information about a real estate object that is required to be entered into the USRR. Since March 1, 2010, the rule has been in force, according to which, if due to a change in information about an immovable property contained in the state real estate cadastre, appropriate changes are required in subsection. I Unified State Register, updated information about such a real estate object is entered into the Unified State Register of Real Estate without an application from the right holder and without re-registration when entering this information into the state real estate cadastre in accordance with the Law on the Cadastre.

In accordance with Art. 10 of the Law on Registration, clause 2 of Decree of the Government of the Russian Federation of February 18, 1998 N 219 “On Approval of the Rules for Maintaining the Unified State Register of Rights to Real Estate and Transactions with It”, clause 4 of Sec. 6 of the Federal Program for the Phased Development of the System for State Registration of Rights to Real Estate and Transactions Therewith, approved by Decree of the Government of the Russian Federation of April 9, 2001 N 273 "On Approval of the Federal Program for the Phased Development of the System for State Registration of Rights to Real Estate and Transactions with It", Ministry of Justice of the Russian Federation by Order of August 6, 2001 N 233 approved the Instruction on the procedure for state registration of sales contracts and the transfer of ownership of residential premises (hereinafter - Instruction N 2881).

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Collection of legislation of the Russian Federation. 2001. N 16. Art. 1602

The instruction was registered with the Ministry of Justice of Russia on August 16, 2001. Registration number 2881 // Rossiyskaya Gazeta. 08/22/2001. N 162.

The importance of Instruction N 2881 can hardly be overestimated, since the bulk of real estate transactions are precisely transactions with residential premises, and, of course, the orderliness of the state registration of the contract and the transfer of ownership of housing, the formation of a unified practice of state registration will serve to establish a single civilized real estate market, will allow to more fully protect and protect the rights and legitimate interests of citizens and other persons.

At the same time, Instruction N 2881 does not take into account a number of changes made to the Registration Law and aimed at simplifying the procedure for state registration of rights, therefore this Instruction is applied insofar as it does not contradict this Law. Instruction N 2881, establishing the list of documents required for state registration, divides them into documents submitted for state registration of a sale agreement, and documents submitted for state registration of transfer of rights.

For state registration of a sales contract, the following documents are submitted:

- statements of the parties to the contract or persons authorized by them, if they have notarized powers of attorney, unless otherwise established by the Federal Law on State Registration of Rights;

- a document confirming the fact of payment of the state fee;

- originals (for presentation) and copies (for attaching title documents to the case) of the constituent documents of the legal entity with all current changes and additions, a document confirming the fact of making an entry about the legal entity in the Unified State Register of Legal Entities (if there are already copies of these documents, then it is possible to submit an extract from the Unified State Register of Legal Entities, indicating the absence of changes and additions to the constituent documents of the legal entity);

- originals and copies of the document confirming the authority of the person who concluded the contract on behalf of the legal entity, and the document confirming the authority of the representative of the legal entity to act on behalf of the legal entity during state registration;

- the original and a copy of the title document confirming the seller's ownership of the alienated residential premises;

- the original of the sale agreement, made in a simple written form, in at least two copies, one of which after state registration is returned to the right holder, the second is placed in the case of title documents, or an original copy of the sale agreement, made in a notarial form, and its copy for attachment to the case of title documents;

- the original and a copy of the certificate of persons who have the right to use the residential premises indicating this right, certified by the official responsible for registering citizens at the place of stay and place of residence.

It should be mentioned once again that the previously existing requirement to conduct an unscheduled technical inventory of apartments, residential buildings, and other real estate objects for each transaction with these objects was canceled by the so-called Law on Dacha Amnesty. And even more so in paragraph 10 of Art. 45 of the Cadastre Law contains a provision that no one has the right to demand from the owner of a previously recorded building, structure, premises or object of construction in progress or from another person the implementation of a planned, unscheduled or other technical inventory (re-accounting, re-description, formation, etc. .) of this real estate object in connection with the state registration of rights to this real estate object and transactions with it.

An individual (including a representative of a legal entity) presents an identity document (clause 4, article 16 of the Registration Law). In this case, a copy of the identity document is not submitted.

An application for state registration of a sale agreement is submitted in a single copy, which, after state registration of the sale agreement, is placed in the file of title documents.

An application for state registration of a sale agreement is submitted by the seller (right holder) and the buyer (clause 1, article 16 of the Registration Law), a person (persons) acting on the basis of a duly executed power of attorney issued by the copyright holder (seller) or the buyer of the residential premises (clause 1 of Article 16 of the Registration Law). 1 article 16 of the Registration Law). The application may also be submitted by a person (persons) acting on behalf of the right holder (seller) or buyer in cases provided for by federal law, including:

— parents (adoptive parents, guardians) on behalf of minors under 14 years of age;

- guardians on behalf of citizens recognized by the court as incompetent.

In cases where one of the parties to the sale agreement is represented by several persons - participants in common shared ownership (persons acquiring residential premises in common shared ownership), applications for state registration are submitted by all persons participating in the transaction on the side of the seller (or buyer). In these cases, the named persons may submit separate applications or draw up and sign one application for state registration of the sale agreement.

The statement states, among other things, the following:

- information about the seller (buyer);

- the purpose of the applicant's appeal (i.e. state registration of the sales contract);

— name and details of the sales contract;

- data on the residential premises (address, name, cadastral number of the object, if it is known to the applicant);

- the signature of the applicant and the date of signing the application.

If the applicant is not the right holder (or buyer), but a person acting on his behalf, then the application is drawn up on behalf of the specified person (applicant). The named person in the application additionally indicates the grounds on which he acts on behalf of the seller (or buyer), as well as information about himself, about the seller (or buyer).

It should be noted that if the seller's right to the alienated residential premises arose before the entry into force of the Law on Registration and there is no record of it in the USRR, state registration of such a right is carried out in the manner prescribed by the Law on Registration. At the same time, the registration authority in the manner prescribed by paragraph 3 of Art. 8 of this Law, requests from the body (organization), which, prior to the entry into force of this Law, registered the rights to residential premises, information on the presence (absence) of restrictions (encumbrances) on the right of the seller, if the registration body itself does not have such information. The specified information (i.e. a document drawn up and certified by the relevant authority) can be provided by the applicant. In cases where the USRR has a record of the seller's right to the alienated residential premises, the seller can only submit an original copy of the title document.

In cases stipulated by the legislation of the Russian Federation, other documents are also submitted for state registration of the sales agreement, including:

- a power of attorney issued in accordance with the procedure established by law to conclude an agreement, if one of the parties to the agreement is a person acting on the basis of a power of attorney issued by the right holder (seller) or buyer, and (or) to represent the interests of the party to the sale agreement during state registration.

The Law on Registration clearly states that it is not allowed to demand additional documents from the applicant, with the exception of those specified in paragraph 1 of Art. 17, if the documents submitted by him meet the requirements of Art. 18 of the Registration Law and unless otherwise provided by the legislation of the Russian Federation.

The previously mentioned Instruction N 2881 has not been amended, however, paragraph 4 of Art. 292 of the Civil Code of the Russian Federation is set out as follows: “Alienation of a dwelling in which family members of the owner of this dwelling under guardianship or guardianship or minor members of the owner’s family left without parental care (of which the guardianship and guardianship authority is aware) live, if this affects the rights or legally protected interests of these persons is allowed with the consent of the body of guardianship and guardianship. At the same time, it is assumed that conscientious parents (owners) can make transactions without the permission of the guardianship authority;

- written consent of parents, adoptive parents or trustees, if the seller (copyright holder) or buyer is a minor between the ages of 14 and 18;

- the written consent of the trustee, if the seller (right holder) or the buyer is a person with limited legal capacity;

- the written consent of the recipient of the rent, if the alienated residential premises were transferred to the seller to ensure lifelong maintenance;

- notarized consent of the seller's spouse, if the seller is one of the spouses, and the dwelling is in the common joint property of the spouses;

- notarized consent of the buyer's spouse, if the buyer is one of the spouses, and the dwelling is acquired in the common joint property of the spouses;

- the original and a copy of the agreement on trust management of the residential premises, if the residential premises are managed by the trustee and there is no entry in the USRR on the presence of the specified encumbrance of the rights of the copyright holder, or only the original of the named agreement, when the USRR contains an entry on the existence of the specified encumbrance of the rights of the copyright holder;

- the original and a copy of the contract of agency, if the residential premises are managed by an attorney;

— other documents stipulated by the legislation of the Russian Federation and necessary for conducting legal expertise and verifying the legality of the sales agreement.

For state registration of the transfer of rights, applicants, along with the documents indicated above, additionally submit:

- the buyer's application for state registration of his property rights and the seller's application for state registration of the transfer of ownership to the buyer if the contract is concluded in a simple written form;

- the buyer's application for state registration of his ownership right and the seller's application for state registration of the transfer of ownership to the buyer;

- original copies, as well as copies of documents confirming the fulfillment of the conditions in cases where the sale agreement is concluded under the condition;

- other documents, the submission of which is provided for by the legislation of the Russian Federation.

It is important to note that if the sale agreement has already been registered, then when applying for state registration of the transfer of the right to residential premises, it is not required to re-submit documents, copies of which were attached to the case of title documents during the state registration of the sale agreement, with the exception of original copies of the registered agreement ( for the purpose of making an entry on the certificate of state registration of rights issued to the buyer).

In the event of state registration of the transfer and emergence of the right of common joint ownership, an application for state registration of the right of joint property may be submitted by one of the participants in common joint property, unless otherwise provided by the legislation of the Russian Federation or an agreement between them.

Instruction N 2881 specifically stipulates that if the terms of the sale agreement and the desire of the parties to the sale agreement expressed in applications for state registration of the sale agreement and transfer of rights allow state registration of the sale agreement and transfer of right simultaneously, then the documents required for state registration of the transfer of right may be submitted simultaneously with the documents required for registration of the sales contract.

If the seller's rights to the alienated residential premises are encumbered with the rights of third parties and, in accordance with the legislation of the Russian Federation, this encumbrance is preserved when the right is transferred to a new right holder (see, for example, Article 38 of the Mortgage Law), then in the record of the sheets, subsection. III Unified State Register, the corresponding changes are made. Moreover, if, on the basis of Russian legislation, it is necessary to obtain the consent of the person in whose favor the encumbrances of the seller's rights are established (see, for example, Article 37 of the Law on Mortgage, Article 604 of the Civil Code), then such consent is submitted for state registration of the sales contract.

It is also worth mentioning that the Constitutional Court of the Russian Federation, in its Resolution of April 14, 2008 N 7-P, established that, unlike the previous procedure for state accounting of the housing stock, based on the criterion of the functional purpose of the building, the current system of state accounting of the housing stock, based on the new civil and housing legislation of the Russian Federation, names the actual suitability of a residential building for permanent residence as a criterion and thus does not exclude the possibility of classifying habitable residential buildings located on garden plots as an individual housing stock. That is, a norm was introduced into the housing legislation that characterized buildings located on garden plots (taking into account the changed consumer purpose of these buildings) as residential, and therefore did not exclude the possibility of permanent residence in them and allowed their legal transformation into residential buildings.

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Collection of legislation of the Russian Federation. 2008. N 18. Art. 2089.

The fact that the Housing Code of the Russian Federation does not directly provide for the possibility of re-registration of residential buildings into residential buildings does not indicate a change in state policy in the field of housing relations, which is confirmed by the adoption of the Law on Dacha Amnesty.

The state is consistently pursuing a policy of simplifying state registration procedures. Amendments to the Registration Law that came into force on March 1, 2010 provide for the possibility of submitting an application for state registration of rights and other documents required for state registration of rights by post. Since in this case direct contact of the registrar of rights with the participants in the transaction is excluded, the following requirements are introduced:

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Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation", adopted in December 2009

- the authenticity of the applicant's signature on the application for state registration of rights must be certified by a notary;

- a transaction with an object of immovable property must be notarized if this transaction itself is subject to state registration or, on its basis, the right or restriction (encumbrance) of the right to an object of immovable property;

- confirmation of the applicant's authority by a power of attorney drawn up in a simple written form is not allowed if the applicant is a person authorized by the copyright holder, a party or parties to the agreement;

- a power of attorney must be notarized if a transaction subject to state registration with an object of immovable property or a transaction on the basis of which the right or restriction (encumbrance) of the right to an object of real estate is subject to state registration has been made by a representative acting on the basis of a power of attorney;

- the application is additionally accompanied by a copy of the document proving the identity of the individual (right holder, party or parties to the transaction, as well as the representative of these persons, if the applicant is a representative), an extract from the Unified State Register of Legal Entities and a copy of the document proving the identity of the individual - a representative of the legal persons (if the right holder, party or parties to the transaction are legal entities).

After the registering body has carried out state registration, a certificate of state registration of rights and (or) other documents to be issued are sent to the applicant by mail with a declared value when it is sent, a description of the attachment and a notice of delivery (if there is a corresponding indication in the application for state registration of rights or in bailiff's request).

Separately, it should be noted that from March 1, 2010, it became possible to submit an application for state registration of rights and other documents required for state registration of rights, simultaneously with an application for state cadastral registration. Accordingly, this will significantly reduce the time for the implementation of accounting and registration procedures, taking into account the fact that the applicant will not need to receive documents after the inspection of the property for subsequent submission to the registration authority.

At the same time, this possibility at the first stage will be implemented only in relation to land plots. This is due to the process of transferring from the BTI to a single registration authority the functions of accounting for capital construction projects.

Originally (before January 1, 2005) the Registration Law established fees for registration and provision of information on registered rights. However, ch. 25.3 of the Tax Code of the Russian Federation, which establishes the state fee, changed the previously existing procedure.

In accordance with the Tax Code of the Russian Federation (Article 333.18), as confirmation of the fact of payment of the state fee, the following must be submitted:

1) a payment order marked by a bank or an appropriate territorial body of the Federal Treasury (another body that opens and maintains accounts), including those that make settlements in electronic form, about its execution, if the payment was made in a non-cash form;

2) a receipt of the established form issued to the payer by a bank, or receipts issued to the payer by an official or cash desk of the body that made the payment, if the payment was made in cash.

In accordance with Art. 333.33 of the Tax Code of the Russian Federation, a state fee is paid:

- for state registration of rights, restrictions (encumbrances) of rights to real estate, contracts for the alienation of real estate, with the exception of legally significant actions provided for in sub. 21, 22.1, 23 - 26, 28 - 31 and 61 of this paragraph: for individuals - 1000 rubles; for organizations - 15,000 rubles;

- for state registration of rights to real estate, which is part of a mutual investment fund - 15,000 rubles;

- for state registration of a share in the right of common ownership of common real estate in an apartment building - 100 rubles;

- for state registration of the right of ownership of an individual to a land plot intended for personal subsidiary, dacha farming, gardening, gardening, individual garage or individual housing construction, or to a real estate object being created or created on such a land plot - 200 rubles;

- for making changes to the records of the Unified State Register of Rights to Real Estate and transactions with it, with the exception of legally significant actions provided for in sub. 32 of this paragraph: for individuals - 200 rubles; for organizations - 600 rubles.

It should be noted that the state fee is not paid in all cases. In particular, individuals recognized as poor in accordance with the LC RF are exempted from paying the state fee (the basis for granting this benefit is a document issued in the prescribed manner):

- for state registration of rights, restrictions (encumbrances) of rights to real estate;

- for the state registration of agreements on the alienation of real estate. For certain types of registration of these legal facts, exceptions are established.

It should also be emphasized that in order to create a "single window" for the technical accounting of buildings, structures and structures and for the actual registration of rights to real estate, work is underway to improve the interaction between accounting and registration for the convenience of consumers of the services of this system. To this end, the Law on Registration and the Law on Cadastre have been amended with mutually agreed amendments that have entered into force on March 1, 2010, taking into account:

- The Unified State Register of Rights on Electronic Media is part of a unified federal information system that combines the State Cadastre of Real Estate on electronic media and the Unified State Register of Rights to Real Estate and Transactions Therewith on electronic media (clause 8, article 12);

- the State Real Estate Cadastre on electronic media is part of a unified federal information system that combines the State Real Estate Cadastre on electronic media and the Unified State Register of Rights to Real Estate and Transactions Therewith on electronic media (Part 4, Article 4).

Regarding the state registration of the transfer of ownership of real estate, it is necessary to note the development trends of civil legislation in this area. In particular, the Concept for the Development of the Civil Legislation of the Russian Federation draws attention to the following main problems that require appropriate regulation in the Civil Code of the Russian Federation:

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The concept of development of the civil legislation of the Russian Federation / Entry. Art. A.L. Makovsky. M.: Statut, 2009. S. 31, 32, 36, 76, 78 - 81, 84 - 86, 89 - 95.

- it is advisable to include general provisions on the state registration of property rights, common for various objects in respect of which title (non-record) registration is provided, establishing, in particular, the principles of registration: verification of the legality of the grounds for registration, the publicity of the register, the presumption of its reliability; the rule that a right arises from the moment the right is registered in the register;

- the features of registration (primarily procedural) can be established by special laws dedicated to certain types of property;

— with regard to the registration of rights to immovable property, not only property rights, but also some transactions with such property are currently subject to registration. It is advisable to eliminate the indicated confusion of different registration systems and switch to a genuine system of registration of rights;

- in sec. II of the Civil Code of the Russian Federation, a separate subsection “General Provisions on Property Rights” should be singled out, including, among other things, a provision stating that property rights to immovable things are subject to state registration and arise from the moment of such registration;

- it should be indicated that during the state registration of ownership of the premises in the building, the owner acquires a share in the ownership of the common property of the building in which this premises is located. If the building is located on a land plot that is in state or municipal ownership, then the owner of the premises also acquires a share in the ownership of this plot. If by the time of state registration of ownership of the premises in the building, the land plot has not been formed (the cadastral registration has not passed), the owner of the premises in the building acquires the right to a share in the ownership of the corresponding plot from the moment of its formation;

- it should be provided that the ownership of the premises (residential and non-residential) arises from the moment of state registration, while the owner of the premises cannot be the owner of the building in which it is located at the same time (the building in this case is exclusively an object of technical accounting). The ownership of the building is automatically terminated from the moment of the first state registration of the ownership of the premises in it. The person who has acquired all the premises in the building has the right to transform the ownership of individual premises into the ownership of the building as a whole. In the event that all premises in a building owned by several owners are combined into one real estate object through state registration of their common shared ownership of the building, the ownership of these persons to individual premises in the specified building is terminated.