Purchasing an apartment is always accompanied by a large amount of paperwork, both when purchasing real estate and when subsequently registering documents for it. One of the stages of obtaining full ownership of an apartment is the registration of the appropriate ownership of the apartment. Registration of this right is required by Law No. 122-FZ, which states that all transactions must undergo state registration.

The main reasons for which registration of ownership of an apartment is required:

• purchase and sale;
• exchange;
• assignment;
• privatization;
• registration of ownership of an apartment in a new building;
• registration of an apartment by inheritance;
• when is a gift agreement concluded?
• when is equity registration carried out?.

What documents are needed

Documents for registering ownership of an apartment include a regulated set of papers:

• passport or other identification document;
• an agreement confirming one of the reasons for registering ownership of the apartment;
• cadastral and technical passports for the apartment , which can be issued at the BTI once;
• a floor plan, equipped with an explanation of the symbols, is obtained in the same way as in the previous paragraph;
• a receipt confirming that the state duty for the operation has been paid.

This is the minimum list of documents for registration of ownership of an apartment, which will be necessary regardless of the situation. An additional package of documents may also be required, the composition of which is determined depending on the situation.

What documents are needed for use in various situations?:

1. A certificate of the list of persons who will have the right to use this apartment, in other words a certificate of family composition .
2. If an apartment is purchased with a mortgage , then the bank's written consent to use, own, and dispose of the property will be required.
3. If the apartment is being registered by inheritance , then a power of attorney may be required to complete the registration if there are other shareholders in the apartment. A power of attorney is also required if the registration will be handled by one of the shareholders or their legal representative. If they refuse to register a share, the relevant papers from those who refused must be provided.
4. Registration of ownership of an apartment in a new building requires a transfer and acceptance certificate from the developer to the owner.
5. If the registration of ownership of a cultural heritage object is underway, a passport confirming the above status should be provided.
6. When purchasing a secondary home, a certificate is required confirming that the previous owner has no debt.

A document confirming the right to register ownership of an apartment, regardless of its type, must be in three original copies. Others can be provided on an “original/copy” basis. They are certified upon submission to Rosreestr. There you will also need to provide documents to obtain a certificate of ownership . This organization has a more common name: Companies House.

What is needed to register a transaction with collateral

Registration of ownership of an apartment under a mortgage requires the provision of a list of documents established by law (). Their list will be provided by the bank manager or realtor with whom you cooperate. Although it may vary slightly depending on the characteristics of the transaction, the basic list is as follows:

1. Passports of the participants in the credit transaction, that is, sellers and buyers.
2. Application for registration of ownership. The forms will be printed by the specialist accepting the documents, all you have to do is check the data and sign.
3. Receipt of payment of the state fee for registration of property rights. The state duty is divided equally among all future owners. If you are mortgaging your property, you must register the mortgage agreement. The state fee for it is divided equally between all mortgagors and the creditor.
4. Agreement with the seller (for resale) or with the developer (for new housing).
5. Documents confirming title to housing (extract from the general register of real estate).
6. The document in connection with which the right of ownership appeared (privatization, donation, etc.).
7. Collateral papers. In case of encumbrance, by force of law, an agreement with the creditor and a mortgage are used; by force of agreement, a special mortgage agreement is used. Some banks do not issue a mortgage, and this also happens within the framework of the law - the restriction of the right is registered only on the basis of the loan and purchase agreement.
8. Technical documentation.
9. Notarized power of attorney, if the seller is represented by his authorized representative.
10. Permission from government agencies to sell living space if there are children among the sellers.
11. Notarized permission of the borrower's husband or wife for the encumbrance.

In order to submit documents and not be refused, you should clarify in advance what is required to register ownership of an apartment with a mortgage.

Separately, it is worth mentioning such an important document as a mortgage (). Although many banks neglect its registration, large financial organizations practice registering collateral through a mortgage note. The document must contain:

• data of mortgagors, that is, mortgage borrowers on this loan;
• characteristics of the apartment (location, floor, number of square meters, estimated price, etc.);
• information about the mortgage (amount, details of the loan agreement, rate, etc.);
• features of repayment, date and amount of payment;
• signatures of all borrowers.

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A printed and signed mortgage must be submitted for registration. Otherwise, it is not recognized as legal. The original document is stored in the bank archive until the loan is closed. After payment, they will give you the mortgage note, because it will be needed to remove the deposit.

Please note that the mortgage can be transferred to another organization, and not only if payments are late. It all depends on the terms of the loan agreement you signed. By and large, nothing seriously changes for the payer except payment details. The rules for taking away housing are clearly regulated by Russian legislation, so there is no need to worry.

Procedure for registering an apartment in a new building

When a new building is handed over, each future owner is given an acceptance certificate for the cooperative apartment, which indicates all the data about the apartment, as well as possible defects, if any. The future owner provides:

• equity participation agreement;
• the above act;
• passport;
• application for a certificate of ownership;
• receipt of paid state duty.

As for the cooperative apartment, after registration it completely becomes the property of the cooperative member.

If the developer delays the execution of the transfer and acceptance certificate, the future owner has the right to solve the problem through the court. In some cases, representatives of the developer, if the deadline for completing documentation is delayed, themselves offer clients to speed up the process through the court.

Registration of an apartment belonging to the secondary type of housing

In this case, the apartment may be registered by inheritance, housing received under a gift agreement, or purchased on the secondary market. Registration of a share can be carried out in any of the listed cases .
The package of papers includes:

• a purchase and sale agreement, a certificate of inheritance, or a deed of gift - a document authorizing full or partial registration of ownership;
• certificate of absence of debt;
• registration certificate;
• passports of the parties to the agreement;
• extract from the house register;
• application for the procedure;
• receipt of paid state duty.

Registration through government services

According to the legislation, no more than 3 months should pass from the moment of submission of documents to the end of the process .
Exceptions are cases when Rosreestr has doubts about the authenticity and correctness of documents. Then they can either suspend or completely refuse registration, which will significantly delay the time for obtaining the coveted certificate. The amount of the state duty depends on the circumstances under which the registration of property rights began. Reasons for refusal may be:

• lack of some documents;
• violations of the instructions according to which the submitted documents are drawn up;
• doubts about the authenticity of documents;
• arrest or restriction of actions over the apartment, such as a deposit in a bank.

A person is obliged to correct these shortcomings. If he is not satisfied with the claims presented, he can go to court.

After submitting a package of documents in full accordance with the instructions, the procedure starts again through the same government services and takes the same amount of time as when submitting for the first time.

During a notarial transaction

From July 31, 2021, major changes have been made to the legislation on state registration of real estate (). They concern the involvement of a notary in a transaction and the need for him to certify contracts for the sale and purchase of common shared property. Previously, mortgage borrowers buying real estate had to contact notaries and pay a lot of money for their services. The cost of the transaction could exceed 10-15 thousand rubles, depending on the cadastral price of the apartment.

According to the innovations, notarization of a mortgage transaction will not be required when all shareholders simultaneously enter into a mortgage agreement. An important condition is the presence of one document. If the encumbrance is imposed by a large number of contracts, the participation of a notary is required as before.

The requirement of notarization also remains mandatory if among the sellers of the apartment there are minors or people with limited legal capacity. Although in practice, not every bank will take such a risk. It is dangerous to issue a mortgage for a transaction that may subsequently be challenged in court, even with notarial participation.

Algorithm for registering ownership of an apartment with a mortgage through a notary:

1. Go to the notary's office in advance for a consultation with all available documents. The specialist will check the package of papers and tell you what else is needed to complete the transaction.
2. Agree on the procedure for signing documents with the bank and the seller. Make an appointment with a notary for a specific time after signing the loan agreement.
3. Go to the notary's office with the seller of the property and all other parties to the transaction. Sign the contract.
4. After this, the notary will send the papers for registration through his own data transmission channel. Or you can go to Rosreestr, MFC and submit them yourself.
5. Pay the cost of notary services.
6. Receive a ready-made USRN extract indicating the encumbrance in favor of the bank (the procedure and terms for provision are regulated).

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Please note that you have the right to draw up a purchase and sale agreement yourself or with the help of a lawyer. By law, a notary cannot refuse to register such a document, but in reality many still do not notarize them. They argue that the contract was drawn up in violation of legal norms. In this case, you should file a complaint with higher authorities or simply change the notary.

Sequence of registration of ownership of an apartment

After collecting the required package of documents for a specific type of real estate, you should contact the Rosreestr office at the location of the registered object. An application for state registration of property rights is submitted to the department. But to simplify the procedure, registrars are often involved in filling out the application, which significantly reduces the possibility of errors in the document.

After receiving the documents and drawing up the application, the registrar puts a corresponding mark on the second copy of the document. This completes the first part of the procedure.

As already mentioned, the period for issuing a certificate of ownership is issued by Rosreestr within 3 months from the date of receipt of the application and the accompanying package of documents. Failures are much less common. In the overwhelming majority of cases, when there are doubts about the authenticity or correctness of the documents, the procedure is simply suspended. Upon completion of clarification of all issues related to documentation, the procedure is “unfrozen” again, after which the person who submitted the application receives the desired certificate of ownership of the apartment.

Some people, out of fear of making a mistake, entrust the organization of this procedure to third parties. However, it's not that difficult. Registration of all documents costs money, so there is no point in spending it on transferring rights of action to third parties.

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Registration of ownership of a new building

The initial registration of a mortgage for an apartment in a new building is carried out in a similar way. Only for this you need to submit not a purchase agreement, but an investment in construction or an assignment (assignment of rights by an individual or legal entity). A new apartment with a mortgage is considered property only after receiving the relevant documents from Rosreestr. Until this time, you will only have a legal right of claim ().

The procedure for registering ownership of an apartment with a mortgage after delivery of the house:

1. Get ownership of your living space. The developer himself can provide these papers. He issues contracts for several completed apartments at once and issues ready-made documents to the borrower.
2. The papers received from Rosreestr are required to be submitted to the bank, because the new property must be registered as collateral by registering a mortgage. Bring them to the mortgage manager on time. You can clarify it in the text of the agreement with the bank, for example, within 3 months after officially receiving ownership of the apartment.
3. The specialist will prepare collateral documentation. If your lender practices drawing up a mortgage note, sign it and take it to Rosreestr for registration. If not, it will be enough to provide an extract from the Unified State Register with a note about the pledge.

It should be noted that the collateral is placed on the bank balance sheet at the market value of the property. If a mortgage is issued for an apartment in the property, the client immediately orders an appraisal report for it. If you have purchased living space in a new building, you will also have to make an assessment, but after receiving ownership. Also, after providing documents for the ownership of an apartment in a new building, it should be insured when taking a mortgage.

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