Article 8 of Chapter 1 of the Russian Constitution states that "in the Russian Federation recognition and equal protection to the private, state, municipal and other forms of property," and Article 35 of Chapter 2 stresses that "private property rights protected by law", "everyone has the right to have property , possess, use and dispose of them, either alone or jointly with other persons. " With respect to real property, this means that the owner is free to sell, give away or leave an inheritance belonging to him square meters. However, for this it's right to property must be an official in that form. The process of registration of real property determined by Federal Law № 122-FZ of 21 July 2007 "On state registration of immovable property and transactions with them." Under this law, "State registration is the only proof of existence of the registered rights." It is further noted that the state registration of rights to real estate held across Russia on the installed system records the rights to every object of immovable property in the Unified State Register of Real Estate Rights and Transactions (Uniform State Register of Rights). A date of state registration of rights is a day of making the appropriate entries on the Rights of the Unified State Register of Rights, as the owner of the document is issued a standard, known as the "certificate of ownership." The only agency that is empowered to carry out the procedure for registration of rights to immovable property, is the Federal Service for State Registration, Cadastre, and Cartography (Rosreestr). The same directly with the owners of numerous reception staffed regional offices Rosreestra. For example, for Moscow, this Federal Service for State Registration, Cadastre, and Cartography in Moscow.
Related article: When you see the effective demand, there will be shortage of housingWhen to register ownership of the apartment, purchased in the new building?
When in the newly completed all under construction and finishing works, the developer begins to draw up an inventory and documentation on the house, and BTI performs all necessary measurements. After that, the developer is in the hands of the technical passport at home. Next, inspect the building constructed structure of the state architectural and construction supervision often with the initiative group of shareholders. After removing all the identified gaps and issues construction company receives an act of acceptance of the house, which should be sent to the local administration, issues permits for the facility to operate. Then, home mailing address is assigned, it connects to all communications, the developer enters into a contract with a management company that will serve the building tenants are not yet determined the shape of home control - for example, create a HOA. At the same time, representatives of construction firms meet separately with each real estate investors and carry out joint inspection of the acquired dwelling. If interest holders have no comments, then signed the act of reception and transmission, and apartment keys are transferred.
At this point, the happy owners of real estate can start a collection of documents for submission to the Office Rosreestra the location of the object.
What documents are required for registration?
List of documents should include:
1. Application for state registration;
2. Contract between the co-investor and construction company;
3. Floor plan and explication of the apartment from BTI;
4. Take-over of apartment;
5. Receipt for payment of state duty (1 thousand rubles.)
6. A copy of the passport;
7. Notarized power of attorney (if the documents are representative of the owner submits)
General requirements for documents, according to Rosreestra are as follows.
Thus, the statement is made in a single copy - original of an approved pattern and shall be signed by the applicant. In this application can be filled out by hand or typed manner by means of electronic printed stationery. Required for state registration of documents that express the content of transactions made in writing, and are the basis for state registration of the existence, creation, termination, transfer, restrictions (encumbrances) of rights, shall be submitted at least in duplicate originals, one of which after the state registration of rights holder returns, the second - placed in the case of legal documents. The texts of documents submitted for state registration of rights, should be written legibly, the names of legal entities - without cuts, with their locations. Surname, first name and patronymic of natural persons, the addresses of their places of residence must be written in full. Documents with erasures, or annotations, words crossed out and others not specified in the meantime, the documents executed in pencil, as well as documents with serious injuries that do not allow to interpret their contents are not subject to acceptance by the state registration. All documents on several sheets must be bound, numbered and sealed by the organization issuing the document.
In addition, the application of state registration may be filed by mail with a declared value for its shipment, inventory investment and return receipt requested. In this case, the representation of the signature of the applicant shall be certified by a notary.
How is the procedure for registration of ownership?
Delays in obtaining ownership of the flats is 30 days after submission to the Office Rosreestra complete set of documents. During this time registrars carefully check the documents submitted by the applicant, as well as paper, confirming the construction of the object share the construction and putting into operation and distribution of apartments. After making the appropriate entry on the rights of the owner of real estate in the Unified State Register of Rights ownership is formalized.
Why time can last?
However, not everything goes perfectly, and sometimes the deadlines are delayed. One of the most common situations in which the fall in new apartment owners can be described as follows: the construction is completed, the building was put into operation, but the documentation for the registration of ownership is not prepared. This usually occurs because of conflicts between an investor, customer or building contractor. It is also the case that the investor and the local administration can not come to a compromise on the "share of a city." In this case, the documents from the builder can not be granted the registration service, which means that citizens who have bought housing in this house, can not contact the Office Rosreestra for self-registration of ownership of the apartment.
What do you do?
As practice shows, the majority of co-investors waited patiently until the problem is resolved. The most enterprising citizens wrote to various authorities. However, the right thing in this situation apply to a court of general jurisdiction in the location of the property with a claim for recognition of property rights.
How is the issue in court?
Prior to filing a lawsuit apartment owner is recommended to know what the parties and third parties may participate in the recognition of property rights to later court decision could be challenged. Further, the developer should send the claim to the requirement to issue title to the apartment and get an official response. Then, multiply the number of participating parties collected documents, make sets of documents and to assure them of his signature, to pay the registration fee for litigation. After filing a claim the court shall appoint a hearing date. Practice shows that in most such cases, the court stands on the side of the plaintiff, but still want to contact a qualified lawyer who will help gather and prepare all necessary documents. Entered into force with the court decision and the documents of territorial co-investor BTI is entitled to the registration service and obtain a certificate of ownership, without waiting for the resolution of conflicts between other participants in the building.
According to the CHP st.154 Russian Federation, "the civil cases are settled in court and before the expiration of two months from the date of receipt of application to the court." Thus, approximately two months of ownership of the apartment will be considered by the court.
What claims can still be submitted to the developer?
Experts note that it is possible to return to court and the money paid by the developer for making ownership of the apartment, which is often prescribed in the contracts or equity investment. In addition, it is possible to recover a penalty for delay in handing over the flat in the property, if set in the contract terms of commissioning and handing over the flat period. Finally, you can file a claim for moral harm, and try to compensate their own costs for the services of a lawyer.