The buyer of real estate under an equity participation agreement, in fact, is only given the right to purchase property in the future, since the residential premises themselves are under construction.

And even after paying in full, receiving the keys to the apartment in the finished building and moving into it, he does not yet become the full owner of the purchased property. This will happen only after state registration of ownership rights to the apartment and receipt of the relevant document. This procedure is preceded by the need for the developer to fulfill certain conditions and prepare a package of relevant documents. Registration of property rights is carried out on the basis of the rules and regulations regulated by the following legal acts: · Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”; · partially by the Civil and Housing Codes of the Russian Federation; · Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate.”

Conditions for registering ownership of an apartment under a shared participation agreement

After completion of construction work, the developer company must perform a number of actions to ensure that buyers are able to register their rights to apartments purchased under an equity participation agreement: · drawing up a protocol on the distribution of residential premises and commercial space (if the building has shops, offices or other non-residential premises); · registration and receipt from the BTI of a technical passport for the constructed building, which indicates the number of floors and layout of the house, its total footage and the footage of each individual apartment and other premises; · signing an act of acceptance and transfer of the property and obtaining permission to put it into operation, issued by the relevant authority; · registration of a residential building with Rosreestr; · assigning him a postal address.

Features of registering ownership of an apartment in a new building

In relations with the developer at the stage of shareholders taking ownership rights, two scenarios are possible: · the construction company assists buyers in collecting the necessary documents to register their ownership rights to housing purchased from it under equity participation agreements; · it interferes with them or is inactive in the decision this issue. In the first case, registration of property is carried out in accordance with the general procedure, in the second - through the court. After putting a residential building into operation, the developer transfers the apartments to shareholders. This happens in the presence of both parties to the contract by inspecting the residential premises, checking the operation of all communications, signing the acceptance certificate and handing over the keys to the apartment to the owner, who must subsequently receive a cadastral passport for it with a plan diagram. Since January 2013, the cadastral registration of an apartment building by the developer is carried out simultaneously with each room in it. In this regard, shareholders themselves no longer need to order a cadastral passport when registering property rights. But, often, the developer, for various reasons or for no reason, delays the registration of a cadastral passport for the finished object. In this case, apartment owners who are interested in registering their property rights as quickly as possible are forced to first order technical plans for residential premises from the BTI, and then, together with applications, transfer deeds and share participation agreements, contact Rosreestr to register apartments on registration and issuance of cadastral passports. If the housing was purchased on credit, then it is necessary to prepare a mortgage document or a loan agreement, and if it was purchased for a minor, then obtain permission from the guardianship and trusteeship authority.

Documents for registering ownership of an apartment according to DDU

According to paragraph 11 of Art. 48 Federal Law dated July 13, 2015 No. 218-FZ, to register ownership of an apartment acquired under a shared participation agreement, the following documents are required: · passport of a citizen participating in shared construction; · agreement of shared participation in the construction of a residential building; · an apartment acceptance certificate or other document confirming its transfer to the participant; · permission to put into operation the apartment building in which the apartment is located; · receipt confirming payment of the state duty. In private cases, the following may be required: · a birth certificate if housing is registered for a minor child; · a mortgage on an apartment or a loan agreement (if housing is purchased on credit); · power of attorney to represent the interests of the shareholder, certified by a notary; · notarized consent of the spouse to conclude a share participation agreement by the other.

Buying a home under construction: difficulties with paperwork

In order to obtain the right to move into a house after it is built, it is not enough to wait until all work is completed and the process of finishing the residential premises is completed. Most often in practice it turns out that a house that is actually ready to move in is not legally registered as residential and does not have all the documentation necessary for commissioning. That is why the owner of a home purchased during the construction stage may encounter the following difficulties when preparing documents and subsequent settlement:

• Without executed documents for paid housing, its owner will not be able to fully exercise his rights: sell, donate or bequeath an apartment, register in it and, as a result, obtain a foreign passport, enroll a child in school or kindergarten (this problem is especially acute in large cities, for example, Moscow);
• difficulties with obtaining a loan secured by property - as a rule, credit organizations set a much higher interest rate on the loan if unfinished housing serves as collateral;
• impossibility of obtaining benefits and compensation for utilities.

See also: What documents does the owner need to register in an apartment - list and procedure for registration

The procedure for registering ownership of an apartment under a shared participation agreement

Ownership of housing acquired under a shared participation agreement can be registered in two ways: 1. entrust registration to the development company; 2. handle the registration personally. In the first case, this service is paid; you will also need to pay at the notary’s office for the execution of a power of attorney in the name of the construction company’s lawyer. It is quite possible that the registration procedure will take much longer than if you contact the registration service yourself. If the shareholder decides to engage in state registration of property rights on his own, then for this he needs to contact directly the Rosreestr or the MFC (multifunctional center). The registration procedures are identical. Documents are accepted in the presence of all apartment owners and a representative of the construction company - the developer. First, the registrar fills out an application for registration, which includes data identifying all owners of the property, the address of its location and technical characteristics, as well as a list of documents submitted for registration of property rights. After which the application is signed by the applicant or applicants, if there are several of them. A separate application is also filled out by the seller of the property, in this case, the developer’s representative. When accepting documents for registration of property rights, the registrar issues a receipt of their acceptance, which indicates the date of registration of the corresponding right. At the appointed time or at any other time after this date, the homeowners are returned their copy of the share participation agreement with the registration inscription and the apartment acceptance certificate. From this moment on, the former shareholders become the full owners of the acquired property with the right to dispose of it and perform any non-illegal actions.

Why do you need to register ownership?

Registration of ownership of an apartment confirms the fact of ownership of the property. The full owner receives more rights, but also certain responsibilities.

What can the owner do before and after registering ownership of the apartment in 2021:

Registration of ownership is usually necessary to receive a tax deduction for the purchase of an apartment and mortgage interest - but in the case of new buildings, the right to a tax refund arises immediately after signing the transfer and acceptance certificate. You do not need to register your home for this.

Regardless of whether the right to an apartment is registered or not, residents are required to pay for housing and communal services. It will not be possible to apply for utility benefits without registering an apartment.

If an apartment is purchased with a mortgage, then the bank imposes certain restrictions even if the property is registered. For example, you cannot sell or donate real estate without the approval of the bank. In addition, the bank's consent may be required if you want to register non-close relatives in the apartment.

Deadline for registering ownership of an apartment under a shared participation agreement

The legislation establishes a 7-day period (clause 1 of Article 16 of Federal Law No. 218), during which employees of the registration service are required to register ownership of any real estate, including an apartment acquired under an equity participation agreement. Within the specified period, the following actions are carried out in general order: · acceptance of an application for state registration of rights; · legal examination of submitted documents, · verification of their authenticity, the legality of this transaction, · identification or exclusion of circumstances that impede the registration of ownership rights to a given property; · entering the necessary information into the Unified State Register of Real Estate (USRN); · issuance of documents with a registration inscription on an agreement or other title deed (in the future, if necessary, the owner can receive an extract from the Unified State Register of Real Estate for his property, which is issued when applying to Rosreestr or the MFC from the beginning of 2021). It is important to know that the period is calculated in working days and is counted from the day the documents are submitted for registration. Often this deadline is not met, and this may be due to the verification of the documents provided, or depend on the number of owners of the purchased property, the availability of a mortgage loan and other factors. In this case, in order to comply with the legality and validity of such violations of the deadline in paragraph 2 of Art. 26 Federal Law dated July 13, 2015 No. 218-FZ provides for a 3-month period for suspending the registration of rights to eliminate the reasons.

Registration of property through the developer

From July 13, 2021, developers can register ownership of completed apartments on behalf of shareholders. To do this, you do not need to issue a power of attorney - the developer will act on the basis of Federal Law No. 202-FZ

The process of registering an apartment through the developer is as follows:

1. The developer rents out the house and registers it with the cadastral register.
2. The developer applies to Rosreestr with an application to register ownership rights on behalf of the shareholder.
3. After registration, the developer provides the shareholder with an extract from the Unified State Register of Real Estate.
4. The shareholder submits a share participation agreement or assignment of rights to the MFC to affix a Rosreestr stamp on registration of ownership rights.

The state fee when registering property through a construction company still needs to be paid. The developer can do this, and the owner will then reimburse these costs.

State duty when registering ownership of an apartment under a shared participation agreement

The basic rule that every applicant needs to know when applying to the registration service is that the state fee is paid before submitting an application for registration of ownership of an apartment, otherwise the registrar will not accept the application with the remaining documents. Only if the application is submitted electronically, the fee is paid after its submission, but before the documents are accepted for consideration. The state duty is charged in accordance with the Tax Code of the Russian Federation. Its size is determined by Art. 333.33 of the Tax Code of the Russian Federation and for registering ownership of an apartment acquired by an individual under an agreement for participation in shared construction of a residential building is 2,000 rubles. If there are several future owners, then the fee is divided between them in proportion to their share in the ownership of the apartment.

What is needed to register property

Now the ownership of real estate is confirmed by an extract from the Unified State Register of Real Estate (USRN) - in paper or electronic form. Outdated certificates of title will not be issued as of July 15, 2021.

You can register ownership of an apartment after signing the transfer and acceptance certificate, but first you need to make sure that the developer has registered the house in the cadastral register and has been assigned a postal address. Staging may take up to 6 months.

The state fee for registering property rights is 2,000 rubles. You can pay at any bank or in the bank’s mobile application. Payment details are available on the Rosreestr website.

To register an apartment as your property you will need:

• buyer's passport;
• agreement (DDU, PDKP, assignment agreement);
• act of acceptance and transfer;
• cadastral passport with explication;
• receipt of payment of state duty.

The package of documents may vary depending on specific circumstances. For example, if an apartment is registered as joint ownership, a marriage certificate will be required. If the property is registered in the name of a child, his birth certificate will be required.