How to carry out registration of property quickly and lawfully?
Everyone who ever bought the apartment or registered it under the ownership for other reasons faced registration procedure. Procedure difficult also demands sometimes many moral and physical expenses. Physical are bribes to officials that the contract passed fast registration since other stages of the transaction, for example, the conclusion of the mortgage contract with bank depend on it. Moral are your nerves because all this time yet your contract for registration, you on hands have no documents and to find out their destiny extremely difficult. Let`s try to understand what is registration.
Registration of the rights for real estate in our country the federal law No. 122 regulates . On the basis of this law the State registration of the rights for real estate and transactions with it is a legal act of recognition and confirmation by the state of emergence, restriction, transition or termination of the rights for real estate according to the Civil code of the Russian Federation. The state registration is the only proof of existence of the registered right. It is carried out in all territory of the Russian Federation in the Unified State Register of Rights on real estate and transactions with it.
The bases for registration are: the contracts and other transactions concerning real estate made according to the legislation; acts of privatization of premises; certificates on the right for inheritance; the judicial acts which entered into force; the acts of the rights for real estate issued by authorized bodies of the government; acts of transfer of rights to real estate and transactions with it.
In MFRS (management of federal registration service) it is necessary to provide the documents following :
1. Identity document of the applicant.
2. Statement for the state registration of the transaction.
3. Statement for the state registration of the property right.
4. The statement for the state registration encumbrance (restrictions) of the rights - at their existence.
5. The acceptance report - transfers.
6. The title document - the contract of purchase and sale on the basis of which registration actions have to be made.
7. Cadastral passport of the room.
8. The original of the check - the warrant about payment of the state tax for the state registration of the rights for real estate and transactions with it of 1000 rubles; if it is several shareholders, then pays everyone, in proportion to the share.
9. Permission of agencies of guardianship and guardianship in object accessory cases in property to the minor.
10. Notarially certified consent of spouses of the parties of the contract, or statement for lack of the registered marriage relations.
11. In case of object accessory on the right of common ownership, confirming the notice with the seller of other joint owners about intention to sell the share with the indication of the price and other conditions, or the disclaimer of primary purchase certified notarially.
12. A consent of the owner of the state or municipal property to the order the property which is under economic authority of the state or municipal enterprise.
In addition under the contract of pledge (mortgage):
13. A consent of the third party to acquisition (registration) of the rights under the contract - in case on registration the contract of purchase and sale in favor of the third party is submitted.
14. Copy of the notification of FRS of pledge repayment.
15. Credit agreement.
Date of registration is date of entering of number of the contract into the unified state register.
Registration process is carried out in the following order: documents acceptance, registration of such documents; legal examination of documents and check of legality of the transaction; establishment of lack of contradictions between the declared rights; entering of records into the Unified State Register of Rights on immovable commission of inscriptions on documents of title and certification about the made state registration of the rights.
The law determined by time frames during which registration has to be carried out : 1 month from the date of submission of documents on registration; 5 days at registration of a mortgage. But, as practice shows, real terms drag on for indefinite time. If you have no acquaintances in this service, you should wait of 2 - 3 months. Under the law each person has the right to data on registration of the contract with use of any means of communication, whether it be the letter or the application submitted on the Internet for the website www. rosreestr. ru .
The data which are contained in the Unified State Register of Rights are provided in the form of extract from the Unified State Register of Rights or in other look, in time no more than five working days from the date of receiving the corresponding inquiry by body. If providing required data is not allowed according to the federal law in time, the body gives out or directs the reasonable decision on refusal in providing required data. For providing the data which are contained in the Unified State Register of Rights the payment is raised. It is possible to pay for personal tranquility, the cost of this service is specified on the website of the Federal Registration Service.
If by results of the received extract your contract has to be registered, and upon documents for registration, it is necessary to write the complaint to the Federal Registration Service addressed to the chief. The law also regulates responsibility of officials for a registration delay. According to the present law they bear responsibility for timely, full and exact execution of the duties, and also for completeness and authenticity of the provided information, unreasonable refusal in the state registration of the rights or evasion from the state registration of the rights.
The persons guilty of deliberate or careless distortion or loss of information on the rights for real estate and the transactions with it registered in accordance with the established procedure bear responsibility for the material damage caused in this regard any of the parties according to the legislation of the Russian Federation.
Thus if as a result of long registration you suffered financial losses in the form of refusal of bank in a mortgage behind failure to provide the relevant documents, you have the right to make the complaint in the Federal Registration Service, and then and in court on the basis of article 31 of the federal law No. 122 “About the harm done to natural or legal entities as a result of inadequate execution by the bodies which are carrying out the state registration of the rights including as a result of entering into the Unified State Register of Rights of the records which are not corresponding to the law, other legal act, documents of title is compensated at the expense of treasury of the Russian Federation in full“.
You remember, you have the right to know how registration of your documents proceeds. If the authorized representative is engaged in registration, discuss with it terms during which will have to provide you the copy of the receipt from the Federal Registration Service. If for any reasons you this information are not given, you can learn it on the website of the Federal Registration Service at submission of the written statement. If you have a mortgage, registration takes place in 5 days, and you have the right to demand the contract after this term with the instruction in the complaint or the statement of article 31 of the Federal law No. 122.