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There will be no more paper certificates of ownership. Cancellation of the certificate of state registration of property rights Extract from the bank instead of the certificate

Surely each of us has already heard about the cancellation of the issuance of certificates of ownership from July 15, 2016. Why the legislator took such a step and how the rights to the property of citizens will be guaranteed today will be told by the head of the legal support department of the Rosreestr Office in the Republic of Bashkortostan Sergey Borisovich Merezhnikov.

What has changed?

Indeed, since July 15, 2016 the issuance of certificates of state registration of rights has been terminated, including repeated ones. But this does not mean that the Russians were left without a title deed for their property. Now the state registration of the emergence and transfer of rights to real estate is certified by another document - an extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRR). But I want to reassure our fellow citizens: for them, nothing will change in the procedure for registering property rights.

How, then, is the extract better than the previous certificate?

Firstly, in fact, the certificate and the Certifying extract are documents of the same type, they do not differ in principle in content. Replacing the certificate with a Certifying Statement is primarily associated with the trend of the times and the course of Rosreestr on the electronicization of government services of the department and the development of so-called "contactless technologies". Already today, state registration of property rights according to documents submitted in electronic form is certified precisely by an extract from the USRR. And so that there are no discrepancies regarding the certifying document - "certificate" or "extract" - the legislator left only an extract. In addition, our citizens are already sufficiently informed that the extract is valid on the day of issue and, therefore, this document also does not give people erroneous confidence about the owner.

Secondly, I want to emphasize that according to the law, only the record of state registration of the right in the USRR is the only proof of the existence of the registered right. Therefore, both then and now, Rosreestr recommends before making a transaction, for example, when buying an apartment, ask the seller to update the data on the owners of the purchased apartment. It is also necessary to pay attention to other important documents that remain in the hands of the owners: purchase and sale agreement, receipts, acts of acceptance and transfer, wills, donations, court decisions.

Thirdly, the certificate extract from the USRR can be issued both in paper and in electronic form. In the latter case, the extract will be certified by a strengthened electronic digital signature of the state registrar, which is protected from counterfeiting. In paper form, the Certifying extract is also certified by the signature of the state registrar and the official seal.

To change or not to change?

After the entry into force of the new law, previously issued certificates do not need to be changed to extracts. The certificate that people have in their hands does not lose legal force. This is the same document confirming the ownership until the moment when this right is transferred to another person.

I also want to give an answer to another popular question: how long is the statement valid and does it need to be constantly updated?

Let me explain right away: an extract from the Unified State Register of Legal Entities is of 2 types: Certifying , which is issued to the new owner after the state registration of the right to real estate, and extract of registered rights on the property. The last document is slightly less complete, it does not contain confidential information (passport data of the owner, numbers of documents-grounds for state registration, etc.), however, it reflects all the necessary information (data about the owner and the property, the presence of encumbrances, etc.) Any interested person can obtain a statement of registered rights.

A certifying extract from the USRR, which will be issued to you after state registration, is valid at the time of issue. However, if you do not plan to dispose of the property in the near future, then you can safely put this statement on the shelf, as you would do with a regular paper certificate.

In addition, today, today, authorities, municipalities, notaries and even banking and insurance organizations are obliged to independently, without the participation of citizens, request extracts of registered rights in Rosreestr, and it is in electronic form.

How do I get a statement?

It is not difficult to obtain an extract of registered rights. This can be done in two ways: by contacting the Multifunctional Center in person, or by contacting the Cadastral Chamber and electronically. And the second method - electronic - Rosreestr considers more convenient. Through the electronic service, which has been operating for several years, it is much easier and faster to receive a statement. Realtors, notaries, developers, representatives of the banking sector, insurance companies, government departments actively use electronic services. It is very convenient and you don't have to go anywhere. All that is required is to open the site, select the service "Provision of information from the USRR" and submit a request. The statement will be sent to the email address with the electronic digital signature of the authorized person. It will cost individuals 200 rubles to receive an extract of registered rights from the USRR in paper form, in electronic form - 150 rubles. For comparison: issuing a repeated certificate on paper cost individuals 350 rubles, legal entities - 1000 rubles. A certifying extract from the Unified State Register of Legal Entities is issued free of charge.

It is impossible to obtain a certificate of ownership of real estate since July 2016; instead, a certificate from the Unified State Register of Rights is issued. As for the previously issued certificate (before July 15, 2016), today it replaces the extract from the real estate register (USRN) and confirms the rights to the date on which they were issued.

An extract from the USRN is a document that confirms the presence (or absence) of a registered title to real estate. It also shows the presence (or absence) of restrictions and encumbrances on real estate objects. Therefore, when buying real estate, the buyer requires such a statement from the seller in order to be sure that the property was not subject to seizure, is not pledged and does not belong to a third party. Such an extract is also required in the event of disputes between the construction participants and the administration, during legal proceedings related to the assertion of property rights.

According to experts, the extract from the USRN, like the certificate of ownership, confirms the ownership.

“Both the certificate of state registration of rights and the extract from the USRN are equivalent in their legal force documents containing information about registered rights, restrictions and encumbrances on the property. However, it should be noted that this relevance is guaranteed only as of the date of issue of the said document. In other words, the presence of an extract from the USRN, issued even a few days ago, in which there is no information about the arrest or encumbrance, does not mean at all that today there is no arrest or encumbrance on this property, since in the process of issuing an extract in the Federal Register receive other documents that change the information on the object, but did not manage to get into the statement. The same situation was with the previously issued certificate. To obtain the most relevant information on the object, you must always order a new extract from the USRN ", - says Svetlana Krasnova, head of the legal department of the INKOM-Real Estate agency.

An extract and a certificate allow citizens of the Russian Federation to protect themselves when making transactions with real estate, having received information on real estate objects.

“Essentially, they are the same thing. What is a previously issued title deed? This is a document that did not establish the right, but only confirmed it. That the ownership is legally registered. Established the ownership of the contract of purchase and sale. What happened next? The registering authority said that it does not want to engage in the protection of this certificate, which only confirms the right. According to the evidence, the deal could not be completed. They demanded to show the title document. Now we have increased the security of the database, safety, protection from hacking. And Rosreestr said that they would not give stupid paper, but would give a paper, exactly the same as a certificate, only it would be called an extract from the register of rights to real estate. She had been issued before. If the certificate was lost, then it was possible either to make a duplicate, or to provide an extract. In fact, the state agency did not stop issuing certificates, but only replaced them with an extract from Rosreestr. Because it is the record in Rosreestr that confirms the ownership, ”says Konstantin Barsukov, an expert on the real estate market, a member of the Russian Guild of Realtors.

Cancellation of the certificate of state registration of ownership in 2019 for real estate when executing a sale and purchase transaction

Since July 15, 2016, the certificate of state registration of rights to real estate has been replaced with an extract from the USRN. How to carry out all operations with real estate now, we will tell you in our article:

How the law works now

How it worked before: you had the registration of rights to real estate in your hands. With the help of it, you confirmed ownership and real estate. Now, to conduct such transactions, you need an extract from the USRN.

Everything has changed due to the fact that the Federal Law of July 3, 2016 N 360-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" was adopted.

How now c: If you are going to sell or buy real estate, you can order an extract from the USRN. It will indicate the owners of real estate, imposed encumbrances, arrests and convictions, as well as the characteristics of the object. You can get it in paper and electronic form. At the same time, the certificate was issued once and was considered for life. Now you can order an extract from the USRN an unlimited number of times and show that the data on your property is up-to-date.

Scam scheme: Certificate of registration of title to real estate was not working well. The fraudster could find out available information on real estate from open sources and re-register the apartment for himself. In this case, you would not know that someone resold your living space. Now Rosreestr warns the owners if the fraudsters try to rewrite the rights to the apartment.

Important: The certificate and extract from the USRN cannot fully confirm your ownership of the property. To do this, before the transaction, it is better to present a document of title: a purchase and sale agreement, a certificate of inheritance and a donation agreement, etc.

What to do with the certificate of state registration of rights

Better to leave a testimony. This is due to the fact that if the scammers try to prove that they are the actual owners, you will be able to present a certificate. It does not lose its legal force and will protect your rights in court.

On January 1, 2017, Federal Law 281 entered into force in Russia, which combined the Unified State Register of Rights (Unified State Register of Rights) and the State Property Committee (State Real Estate Cadastre). And then the fun began.

When they stopped issuing a certificate of ownership

Until that moment, people had on hand such documents as:

  • Cadastral passport;
  • Cadastral extract;
  • Certificate of ownership (for an apartment, land plot, building, any other property);

And before, people in their hands felt an important state piece of paper. She is beautiful, with a blue seal, on a special numbered form with protection.

All the fun began to happen in 2016.

Then, from June-July 2016, instead of the certificate of ownership on a color form, they began to issue an extract from the USRN on an ordinary standard A4 sheet. It looks like a normal blue printout on a printer.

And people even then began to ask the question: "Why on a simple standard sheet, on some kind of colored company letterhead with a seal?"

All these documents: cadastral passport, cadastral extract, certificate of ownership - all of this is combined into one document, which is called "extract from the USRN". And not only have they combined, it also looks just like a few ordinary leaves.

If you order through the MFC, then this document is issued with a blue seal. If - then you get a file in xml format. People of the older generation naturally began to ask questions: “What is this document? Where are the stamps? Where are the letterheads? "

Legal force of an extract from the USRN in electronic or paper form

An extract from the USRN - in any form (even in electronic, even in print) has the same force as an ordinary certificate of registration of property rights.

This statement includes data such as:

  • description of the property (its characteristics, area, length, and so on and so on);
  • cadastral engineer who carried out cadastral work;
  • graphic part - the border of the land plot itself, also the X Y coordinates;
  • information about registered rights.

Thus, no need to be afraid that the statement has such a simple format, the fact that it comes in electronic form in xml or pdf format. Because the xml document is signed with the electronic signature of Rosreestr. And this digital signature is exactly the same signature as an ordinary signature and seal.

Moreover, such a document can be submitted to various organizations in electronic form.

Now you can spend a few minutes. And she will come to your email in just a few hours. This significantly speeds up the procedure for obtaining and processing documents. And in some cases it makes it cheaper.

Because if earlier we had to go to the MFC or the Cadastral Chamber or the Regalat, now, due to the release of Federal Law 218, many real estate objects can be processed by receiving and transferring documents through the Rosreestr portal. The final document is exactly the extract from the USRN, which is sent to e-mail and we receive it in xml format with an electronic signature of Rosreestr.

Please note that the extract from the USRN is considered valid on the day it was received.

To order an extract - fill out the form below.

A huge role for homeowners is played by documents confirming ownership. To an apartment or to a house - this is not so important. The main thing is that we are talking about certificates indicating that the person has ownership rights to the property. What is it about? Where and how can I get the relevant certificate? How can you get ownership of your home?

About the role of documents

It is not so difficult to understand the listed issues. In particular, thanks to the latest changes in the legislation of the Russian Federation.

Documents confirming the ownership of an apartment play an important role in a person's life. They indicate the legality of property ownership and allow real estate transactions.

The certificate of ownership of the apartment appeared in Russia in 1998. Since then, it has been used in all real estate transactions. For example, when registering the sale and purchase of property.

What documents are there in the Russian Federation confirming the ownership of an apartment? Among them, as we have already found out, there is a certificate of the established form. It contains certain information.

Which? Today, in the certificate of ownership of the apartment, there are:

  • housing address;
  • owner's passport data (including the series and passport number);
  • detailed description of the apartment;
  • information about the document that served as the basis for the issuance of the certificate.

As a rule, there is no more information in the mentioned paper. Nothing extra!

Where do they make out

Many are interested in how to obtain ownership of an apartment. But more on that later. First, it is worth understanding which authorities will issue the relevant certificates.

Today, on the territory of the Russian Federation, you can apply for a certificate of the established form to the following organizations:

  • Rosreestr;
  • Cadastral Chamber.

It is also allowed to make registration of property rights with the issuance of a certificate through "Gosuslugi" and the Rosreestr website. But these are not the most popular services. Therefore, they will not be considered.

Document types

The documents confirming the ownership of the apartment are different. There are several types of these securities. The first category of documents indicates the presence of certain grounds for the emergence of property rights. The second - to the direct rights to own, use and dispose of property.

In the second case, only the following securities can serve as confirmation:

  • extract from the USRR;
  • certificate of the established form.

For some time now in Russia they stopped issuing certificates of property rights. Instead of them, extracts from the USRR are now fully used. These are interchangeable documents.

Does the citizen have a certificate of ownership of the apartment? Then there is no need to obtain an extract. Previously issued documents for property are recognized as valid.

Privatization

The following documents can help with privatization:

  • certificate of ownership of the established form;
  • a privatization agreement registered with Rosreestr.

To start the privatization procedure, you will have to present an agreement on social rental of real estate and a certificate with a citizen's registration. After registration of housing in private ownership, the owners will be issued either a certificate of ownership or an extract from the Unified State Register.

Purchase and sale, donation, exchange

But that is not all! Thinking about which document confirms the ownership of the apartment, you need to understand that there may be several such papers. This is normal.

In the case of confirmation of property rights when selling, buying, donating and exchanging housing, you can do:

  • a duly registered sale and purchase agreement;
  • a deed of gift, concluded under the current legislation;
  • an agreement on the exchange of property objects.

The list of documents confirming the ownership of the apartment does not end there. After all, the listed cases do not cover all life situations in which citizens become homeowners.

Inheritance

Sometimes people inherit houses and summer cottages. In this case, the documents confirming the ownership of an apartment or other real estate will differ significantly from the papers listed earlier.

So, for example, the basis for the appearance of a new owner at the apartment can be:

  • will;
  • certificate of inheritance issued by a notary.

Also, at the time of confirmation of your rights, you will have to bring:

  • marriage certificate (if any);
  • birth certificate.

Usually, on the basis of these papers, there is a confirmation of kinship with the testator and an indication of the right of inheritance. After registration of property rights, a corresponding certificate is issued with an extract from the USRR.

Housing cooperative and share

If citizens purchased an apartment in a housing cooperative and paid a share for it, then they will be able to indicate their rights with the help of a certificate of the established form. It is issued by the housing cooperative and is registered without fail.

As a rule, in exchange for such a certificate, you can get an extract from the USRR. But the documents of title to real estate do not end there either.

Other papers

What other scenarios are taking place? Russia is full of various documentation. And some papers indicate ownership of the property.

Among other evidence, they are often distinguished:

  • rent agreement;
  • judicial opinion;
  • certificate of ownership of a share in common housing;
  • lease agreement with subsequent purchase.

In fact, there are plenty of documents confirming the ownership of the apartment. But it is worth noting that the main evidence in real life is still extracts from the USRR. They must be ordered immediately before carrying out a particular operation.

Methods for obtaining rights to real estate

What conclusions can you come to based on all of the above? There are a lot of papers that are able to prove ownership of property. Only among them there are almost always certificates of the established form and extracts from the unified state register of real estate.

How can property rights be acquired? Most often, the following reasons are distinguished:

  • receiving housing by inheritance (by law or by will);
  • apartment purchase;
  • registration of a mortgage for housing;
  • transfer of property under a donation agreement;
  • redemption of real estate;
  • exchange of apartments.

Each procedure has a number of its own characteristics. For example, the rights to an apartment under a donation agreement usually pass during the life of the donor, and in the case of receiving an inheritance, you will have to wait for the death of the testator without fail.

Algorithm of actions

And what exactly needs to be done so that a citizen can order a certificate from the USRR or a certificate of ownership? As a rule, it is required to follow a certain sequence of actions.

Namely:

  1. Collect documents indicating the emergence of property rights.
  2. Contact Rosreestr or the MFC / Cadastral Chamber with a written request for the issuance of paper.
  3. Pay the state fee (if provided by law).
  4. Wait until the paper is ready and pick it up at the right time.

Usually, a similar alignment helps to obtain both a certificate of title to real estate and an extract from the state register.

Price

How much does the mentioned operation cost? For some documents of title, there is a state fee. But it is not always present.

For example, you do not need to pay for the issuance of a certificate of ownership. This service is usually provided free of charge. For the production of an extract of the USRR, it is required to give about 350 rubles to individuals and about 600 rubles to organizations.

When registering property rights under a gift agreement, deed of gift or exchange, you need to pay different fees. Additionally, if necessary, notary services are paid. But as a rule, all of the listed operations do not require special costs from a person.

Waiting period

How quickly does Rosreestr manage the issuance of these certificates? The ownership of an apartment is registered very quickly. According to the law, 15 days are given for this operation.

If a citizen makes changes to the existing documents, then new legal documents are handed out in 5-10 days. The exact term depends on the reason for contacting the registering authority.

Sample

Below is a sample USRR statement. Now we understand that this paper has recently been the main proof of real estate rights. You shouldn't fake it. After all, the validity of the document is easy to check on the Rosreestr database. If it turns out that the certificate is not genuine, then the transaction with the property will be canceled and invalidated.

From now on, it is clear what are the documents confirming the ownership of an apartment, house, cottage or other property. It is much easier to get them in Russia, if there are legal grounds for that, than it seems.

If a valid certificate of the established form is lost, it is enough to apply to Rosreestr with an identity card and an application for a duplicate of the certificate. Employees will issue it based on the information stored in the database of the cadastral chamber. What document confirms the ownership of the apartment? Extract from the USRR!