Everyone who has ever bought an apartment, or make it the property for other reasons, faced with the registration process. The procedure is complex and requires a lot of times the moral and physical effort. Physical - this is a bribe to officials that the contract was quick registration, because depend on it the other stages of the transaction, for example, signing a mortgage agreement with the bank. The moral - it's your nerves, because all this time, until your contract for registration of documents in your hands no and clarify their fate is extremely difficult. Try to understand what the registration.
Registration of rights to real estate in our country is governed by federal law number 122. Under this law, state registration of rights to immovable property and transactions with it - it is a legal act of recognition and acknowledgment of the state, control, transfer or termination of rights to immovable property in accordance with the Civil Code of the Russian Federation
The grounds for registration are: contracts and other transactions in respect of real property taken in accordance with the law; acts on privatization of residential premises, a certificate of inheritance, which entered into force court acts, acts of rights to immovable property issued by the competent authorities of the state authorities, acts of transfer of rights to immovable property and transactions with them.
In the FRS (Department of the Federal Registration Service) must submit the following documents:
1. A document certifying the identity of the applicant.
2. Application for state registration of the transaction.
3. Application for state registration of ownership .
4. Application for state registration of a charge (limit) is right - if they exist.
5. Take-over.
6. Title document - a contract of sale under which the registration must be made of.
7. cadastral passport facilities.
8. Original receipt, order the payment of state duty for state registration of real estate rights and transactions in the amount of 1,000 rubles, and if a few shareholders, it pays each, in proportion to their share.
9. Resolution of custody and guardianship cases belonging to the object property a minor party.
10. Notarized consent of the spouses of the parties of the contract or statement about the absence of the registered marriage.
11. In the case of an object belonging to the right of common ownership, confirming other co-owners notice the seller of intent to sell its stake with price and other terms and conditions, or denial of the right of first refusal, certified by a notary.
12. Consent of the owner of a state or municipal property at the disposal of the property in the economic management of the state or municipal enterprise.
In addition to the pledge agreement (the mortgage):
13. The consent of a third party to purchase (registration) rights under the contract - if the registration before the contract of sale to a third party.
14. A copy of the notice of redemption of collateral the Fed.
15. The loan agreement.
16. Mortgage.
The date of registration is the date of making the contract number in the state register.
The registration process is conducted in the following order: receiving documents, registration of such documents, legal examination of documents and verification of the legality of the transaction, establishing the absence of conflict between the claimed rights, making entries in the Unified State Register of rights to real performance of the inscriptions on the title documents and issuance of certificates of state registration of the manufactured rights.
The Law determines the time frame during which the registration should be carried out: 1 month from the date of application for registration; 5 days for registration of a mortgage. But, in practice, real time drag on indefinitely. If you have no friends in this service, you'll have to wait anywhere from 2-3 months. By law, every person has the right to receive information about the registration of the contract, using any means of communication, whether it be a letter or application submitted via the Internet site
The information contained in the Uniform State Register of rights provided in the form of an extract from the Unified State Register of Rights or in another form, in a period of not more than five working days of receiving body of the request. If you provide the information requested is not permitted under federal law in time, the body produces or directs an informed decision not to grant the requested information. For providing information contained in the Uniform State Register of rights fee. For personal peace can pay the cost of the services listed on the site Rosreestra.
If the results obtained extract your agreement to be registered, but in fact the documents yet to register, you should write a complaint to Rosreestr to the head. The law also regulates the responsibility of officials for the delay in registration. In accordance with this law they are responsible for the timely, complete and accurate execution of their duties, as well as for the completeness and authenticity of the information, arbitrary denial of state registration of rights or evasion of state registration of rights.
Persons guilty of intentional or reckless distortion or loss of information on rights to real property and transactions with them, duly registered, shall be liable for property damage caused in connection with the any of the parties, in accordance with Russian law.
Thus, if as a result of a long recording you have suffered financial losses as a failure of the bank in the mortgage for failure to provide relevant documents, you may file a complaint Rosreestr and then to the court under Article 31 of Federal Law № 122 "On the harm caused by physical or legal persons as a result of improper performance of the authorities responsible for state registration of rights, including as a result of entering into the Unified State Register of Rights of records that do not meet the law, other legal act, title documents, recovered by the Treasury of the Russian Federation in its entirety. "
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