How to properly register ownership of a new building?

How to register a newly purchased property?

So, you purchased an apartment in a rented house (in a new building). There are three ways to register ownership of a new apartment:

1. Through the developer. Developers submit documents to the Federal Reserve System, and after a certain period of time they distribute to all new residents certificates of their right to property. Payment for this service may be included in the cost of housing or paid separately. This method has a significant disadvantage - the procedure can take a long time. After all, it may take several months until all the new residents give the developer the necessary documents. To avoid such a situation, carefully read the agreement that you will enter into when you transfer the right to process the certificate to your developer. If there is a clause in this agreement that people who are late in submitting documents are forced to pay a penalty, most likely everything will be in order. There will be no delays in obtaining the certificate.
2. The most economical option for registering ownership of an apartment in a new building is to do it yourself. But it is suitable for those people who have a lot of free time to submit documents. Often the developer refuses to issue the entire required package of documents and insists that the owners pay extra for them. When all the papers are finally in hand, you can give them to the Fed.
3. Through the court. Sometimes developers in St. Petersburg refuse to register new residents. Then you have to deal with it through the courts. This process is not cheap. On average you will have to spend up to 30,000 rubles. And the process itself is not fast at all. It takes about a year, or even more.

What is the fastest way to register ownership of an apartment in a new building?

Registration of ownership of housing through the court is the longest and most expensive process.
In total, there are three ways to register housing as property: through the developer, independently or through the court. Let's consider all the options for their duration and cost.

• Designed by the developer.

Most often, equity holders transfer the right to prepare documents for apartments in a new building to developers. For this service, the company takes a certain percentage of the cost of housing or a fixed amount. At first glance, everything is very simple: developers immediately transfer to the Federal Reserve a complete package of documents for apartments in a new building, and after a certain period of time, they distribute certificates of ownership to new residents. In practice, when documents are prepared en masse, sometimes you have to wait for months until all the residents of the new house finally hand over the necessary papers to the company representative. There is a way out: when signing an agreement with a company to transfer the rights to draw up documents to it, make sure that there is a penalty clause for those who violate the time frame for submitting papers to a company representative. Then there is hope that the process of registering property rights will go more smoothly.

• Prepare a certificate of ownership yourself.

For those who are counting money, the option of obtaining a certificate of ownership on their own is suitable. Cheap doesn't mean fast. Get ready to stand in line and collect stacks of documents and their copies. You can start the paperwork after the developer has registered ownership of the first apartment in the house. This fact will mean that the address is open, that is, for officials the new object begins to formally exist. To obtain a package of documents, the buyer will have to contact the developer. Moreover, you need to be prepared for the fact that the company will refuse this matter or require you to pay extra for preparing the papers. In some cases, developers provide documents, but not the complete set, and the buyer has to obtain the remaining documents for a long time. After everything necessary is in hand, the person needs to submit the documents to the Federal Reserve System and wait for them to be processed.

• Registration of property rights through the court.

Registration of property rights through the court is necessary when the developer, for one reason or another, refuses to register the property himself. This is perhaps the longest and most expensive process of obtaining documents. Depending on the region, the amount of legal costs will vary, but on average it will be about 30,000 rubles. In terms of time, paperwork for an apartment in a new house through the court will take approximately 1.5 years.

Having received the keys to an apartment in a new building, some people prefer to postpone registration indefinitely, when there is time and money for this.
Indeed, you can delay obtaining a certificate as long as you like. Due to the lack of “crust”, no one will kick a person out onto the street from an apartment that he purchased with his own money. The consequences of under-registration of an apartment can be only some very noticeable inconveniences: the inability to obtain a residence permit, issue a foreign passport, register a car, receive benefits for utilities, etc. It will be extremely difficult to send a child to a school or kindergarten at the place of residence. The sale, exchange, will, etc. of an apartment that has not gone through the registration procedure will also turn out to be very labor-intensive. Share27 Class Tweet Share

Registration and documents. New buildings and secondary housing

In a new building, the apartment registration process is as follows:

1. After the state commission has accepted the constructed house, the person is given a transfer deed. The certificate confirms that the new apartment has no defects or flaws, and it complies with the parameters specified by the developer.
2. The Technical Inventory Bureau prepares a floor plan of housing and an explication of the apartment. Explication is a table that records the parameters of the apartment.
3. Documents are sent to the Federal Registration Register. There, their legal examination is carried out, and then the person receives a certificate of registration of his rights to real estate.

Required documents for registering ownership of an apartment in a new building:

• floor plan of a residential building and explication of all rooms and other residential premises of the apartment;
• agreement concluded with the developer;
• passport and copies of some of its pages. In addition to copies of significant pages of the passport, copies of other documents will also be required. But in what quantity to do them, you need to clarify directly where you will submit the package of documents. It is also very important that the documents are in good condition. That is, they should in no case be torn and they should not contain crossed out phrases or notes made in pencil;
• a receipt confirming that the person has paid the state fee. It is 1000 rubles. for individuals and 15,000 rubles. for legal entities;
• application from the new resident for registration of property rights;
• deed of transfer.

Documents for housing on the secondary market: registration of ownership

Perhaps you are buying property on the secondary market. In this case, to register ownership of an apartment, the list of documents is as follows:

1. Registration certificate. It confirms that the privatization was carried out precisely by the sellers of the apartment, and not by other persons.
2. Notarial agreements. You should definitely pay attention to the seals at the end of each contract. This can be either the personal seal of a private notary or the official seal of a state notary office. There must also be a round seal of the MPTI and a rectangular stamp (confirmation of registration).
3. Certificate from the Federal Registration Service. Thanks to it, you can understand that the apartment really belongs to the seller and is not under arrest.
4. Certificate from the district tax office. It states that the seller does not owe taxes to the state.
5. Passport.
6. An agreement that states the terms of sale and purchase.
7. Extract from the house register (about those living in this apartment).
8. A certificate confirming that the real estate seller has no arrears in paying for housing and communal services.
9. A copy of the financial and personal account.
10. Passports for the apartment.
11. A permit to sell housing issued by the public housing commission. It is required if citizens from the “risk group” live in the apartment. These include incompetent (or partially capable) citizens, disabled people of groups I and II, as well as those citizens who are registered in dispensaries due to mental illness or drug addiction.
12. If there are minor children in the apartment, a sales permit is required, which is issued by the guardianship and trusteeship authorities.
13. A certificate from the Department of Internal Affairs if a new passport was received (if the passport was replaced due to the dilapidation of the previous one).
14. If one of the owners has changed their last name during the ownership of the property, a marriage certificate is required.
15. Notarized permission to sell an apartment from the husband or wife, if the apartment being sold became property during the marriage.

Real estate registration cost

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They gave an apartment as a gift - features of registering ownership rights to it

Registration of ownership of an apartment under a gift agreement is necessary. Of course, when both parties (the donor and the person to whom the apartment was donated) put their signatures on the agreement, it is concluded. But in order to obtain ownership of this apartment, a person must go through the procedure of registering the property received as a gift.

It is important to know that, starting from March 1, 2013, the registration of the gift agreement itself was canceled. That is, now you only need to register the transfer of the right to the apartment.

Necessary documents for this:

1. Applications from both the donor and the person to whom the apartment was donated regarding registration of ownership rights.
2. A receipt, which is confirmation of payment of the state duty.
3. Passports of the donor and the future owner of the apartment.
4. Donation agreement. Original and copy.
5. Cadastral passport, as well as a certificate from the BTI, where you can see the inventory assessment of the apartment.
6. A document that serves as evidence of the donor's ownership.
7. A certificate stating how many people were registered in this apartment at the time of donation.
8. Consent of the spouse, and notarized, if the apartment is their joint property.

There are some design nuances:

• Sometimes additional documents may be required;
• if an apartment is given to a child or an incapacitated adult, the written consent of a parent or other legal representative (guardian or trustee) is required;
• if a person decides to donate an apartment, which is not his personal property, but the property of several other people, a notarized consent of each owner is required;
• if not the entire apartment is donated, but only a share, the consent of all owners is not necessary. For example, the owners of an apartment are a husband and wife. In this case, the mother wants to draw up a gift agreement and give her share to her daughter; the father’s consent is not required.

How much money do you need to register a deed of gift?

In addition to the fact that registering ownership of an apartment includes collecting documents, you need to prepare for the fact that the donation procedure entails some expenses. In addition to paying the fee for notarization of the gift agreement (if it was concluded with a notary), you must pay the state fee for registering the right to property.

If you need notarized consent from other owners, this also requires expenses. And the most important expense is the gift tax. It does not need to be paid if the apartment is given to a close relative, for example, a grandmother gives it to her grandson. And if the donor and the recipient are distant relatives (cousins, uncle and nephew) or are not related to each other at all, you will have to pay gift tax. It is 13% of the cost of the apartment.

How to deal with inheritance?

You can get an apartment from older relatives in 2 ways:

• or a relative wrote a will;
• or the apartment is acquired by law.

Documents required to register ownership of an apartment by inheritance:

1. Original or certified duplicate of the death certificate of a relative.
2. Documents that can be used to confirm relationship (this could be a marriage certificate for a spouse or a birth certificate for a son).
3. A certificate indicating where the deceased person was registered on the day of his death. Also, this certificate indicates all the people who are registered with him.
4. Extract from the house register.
5. Extract from the USRiP.
6. If the apartment was registered as a property before 1998, an extract from the Housing Property Ownership Agreement is required.
7. An explication of the premises, as well as a floor plan of the building, a cadastral passport, a certificate of the cadastral value of the living space at the time of the death of a relative.

How long will it take for registration?

When registering ownership of an apartment, the period from the moment of submitting documents to receiving the certificate is 20 - 25 days. But they may drag on, both due to disruptions in the work of government agencies and due to problems with submitted documents. Some legal private companies guarantee that by turning to them for help regarding registration, you will be able to receive your certificate on time. But this will require additional payment.

There is no time limit for registering property rights, but you shouldn’t delay it either. It is better to become the legal owner of the apartment as soon as possible. Although some people prefer to delay registering ownership of the received property. In principle, they can live in it peacefully, because they bought this property with their own money. At the same time, you cannot register in such an apartment, you cannot enroll your child in a kindergarten or school at your place of residence. In addition, if you decide to sell or want to exchange this apartment, it will be very difficult.

Fast and inexpensive execution of real estate transactions

Most of the formalities when preparing documents for an apartment or house are associated with a complex and confusing bureaucratic procedure. Moreover, registration of property must be carried out flawlessly from the point of view of the law.

The Cadastre and Registration Center "Star-Service" will provide registration services:

• apartments on the primary or secondary real estate market;
• garages;
• apartments or houses based on a court decision;
• leases, easements, encumbrances;
• new property (apartment, private house, industrial facilities, commercial real estate).

For each task, our employees will perform a specific set of actions aimed at quickly solving problems with registration of real estate of any type.

Multifunctional centers will help future owners

Registration of ownership of an apartment through government services is very common. Multifunctional centers are convenient because they are open every day, so you don’t have to take time off from work. Now there are many private companies that offer to contact them, and they will collect documents and submit them to the MFC. You should not trust this important matter to the first company you come across.

Thus, the procedure for registering ownership of an apartment is a necessary process, although sometimes it causes some inconvenience due to the large number of documents. To speed up the process of collecting papers, do not neglect consultation at the MFC. Then you will submit the entire package of papers at once, and you will not have to travel to the center several times. And after submitting the documents, a little time will pass and you will receive your long-awaited certificate confirming your ownership!