Receiving the keys to a new apartment is the most exciting and joyful moment in life. And receiving the keys to an apartment in a new building is a double joy, because it is long-awaited. But do not forget that you can become a full-fledged owner only after registration of the apartment in own- registering it with the relevant authorities. The procedure, the necessary documents, the nuances of registering ownership of an apartment in a new building - all these points are covered below.

First of all, the developer must fulfill certain conditions and the corresponding package of documents.

Conditions for registration

In order to be able to register your rights to an apartment in a newly built building, several conditions must be met. Namely, the developer must perform the necessary actions:

1. Obtaining permission from the Department to put the newly built facility into operation. It is after this action is completed that the house is considered completed and fully suitable for habitation.
2. Obtaining a technical passport for the constructed house from the Bureau of Technical Inventory (BTI). It indicates the number of floors, layout, overall footage and each room separately.
3. Registration of a residential building with the Rosreestr organization for cadastral registration.
4. Assigning your home its own separate postal address
5. Signing the transfer deed

All of the above conditions have been met by the developer Renaissance Active CJSC. And this is gratifying!

Documents for registering ownership of an apartment

Often, equity holders trust the developer to prepare the documents and register ownership of the apartment himself. But we are considering the option when the shareholder registers his rights to housing in a new building independently.

The package of documents includes:

1. Identity passports of all prospective owners (for minors - birth certificate).
2. Notarized power of attorney, if the interests of future owners are represented by a third party (original + copy).
3. Agreement for participation in shared construction, with all additionally concluded agreements, if any.
4. Acceptance and transfer certificate of residential premises. In our case, this is an ACT OF PERFORMANCE OF OBLIGATIONS UNDER THE AGREEMENT. It functionally combines two documents - the Transfer and Acceptance Certificate and the Certificate of payment by the shareholder of the full cost under the agreement of participation in shared construction. Other reports (inspection, technical condition of the apartment) do NOT need to be submitted! The act is provided in two original copies (one remains in Rosreestr, the other is returned to the applicant).
5. Cadastral passport and technical plan of the apartment (explication) - although information about the cadastre is available in Rosreestr and the provision of these documents is not mandatory, it is still better to present them so that there are no problems during registration.
6. Mortgage loan agreement (credit), if housing was purchased with a mortgage or with funds received on credit.
7. Receipt of payment state duties for registration of property rights.
8. Other documents if necessary (at the request of the registrar)

It is important to register ownership of an apartment in a new building as soon as possible. The presence of issued keys does not constitute proof of ownership. The only confirmation of ownership is registration in Rosreestr.

Today, cadastral registration and property registration are combined into the Unified State Register of Real Estate. All information from the cadastre and register of rights is entered into it.

In addition, a certificate of ownership is no longer provided. Instead, you can receive an extract from the Unified State Register of Real Estate. It confirms that you are the official owner of the property. And on the owner’s copy a mark indicating the registration of the property is affixed.

You can submit documents at any government agency of Rosreestr or MFC. You can choose the location address that is most convenient for you.

Normative base

Registration of property rights is regulated by the Civil Code of the Russian Federation and Federal Law of the Russian Federation No. 218 of July 13, 2015 “On State Registration of Real Estate.” Despite the date of adoption, the law only came into force in 2018.

Ownership of real estate is maintained in the Unified Register. Now it can only be challenged in court. The new law introduced amendments to the registration of property in the already existing registration procedure. An innovation is the ability to submit an application for registration through any branch of Rosreestr. To do this, you do not need to contact the district department at the location of the apartment.

Conditions of registration

An apartment can be registered if a number of conditions are met. To do this, the developer performs the following actions:

1. Draws up a protocol for the distribution of residential and commercial premises.
2. Receives a technical passport.
3. Signs a transfer deed with the owners.
4. Carries out cadastral registration of the entire house.
5. Submits documents for assignment of a postal address.

Before registering ownership of an apartment in a new building, you need to make sure that you have a sufficient package of documents. You can get them from a construction company specialist.

Required documents

The entire procedure is divided into two main stages - preparatory and direct registration with the registration authority.

First you need to collect documents, including the following:

• Transfer deed. To obtain it, you need to submit an application to the developer. Along with it you will be given the keys to the apartment.
• Permission from the guardianship authorities. It is provided if one of the owners is a minor.
• Cadastral passport with apartment plan.
• Loan agreement. It is provided in case of a mortgage. If for some reason you do not have an agreement, contact your bank branch.
• Agreement for the purchase of an apartment with the developer, including additional agreements.
• Passports of all adult owners. Birth certificates for children under 14 years of age. Passports are provided for children over 14 years of age. Additionally, copies of all pages are provided.
• A proxy's passport and power of attorney if you are unable to submit documents in person.

You should collect the most complete package of documents in advance so that registration is not suspended in the future. After the documents have been collected, you must contact the registration authority. You can submit an application in person to the MFC or Rosreestr.

A representative of the developer is involved in the registration process. To do this, you need to contact the developer and agree on a date for submitting documents.

Registration of ownership of an apartment in a new building requires compliance with a specific sequence of actions. First of all, an application of the established form is filled out. It contains information about the registered object and passport data. The application shall indicate the entire list of documents provided. Then you need to check that the information is filled out correctly and sign.

During the registration process, the state fee is paid, and a copy of the receipt is attached to the package of documents. Without this, documents will not be considered. You can pay the receipt at any bank branch. The state duty can also be paid at the terminal located in Rosreestr or the MFC.

The specialist will check the submitted documents and the owners for their presence. He will check the power of attorney of the developer's representative. After this, you will receive a receipt indicating the documents submitted and the date they were received. You can pick up your documents and an extract from the Unified State Register within the specified period. You need to have a receipt and passport with you.

Registration period and cost

In accordance with current legislation, the registration period is counted from the moment the application and package of documents are submitted. According to Part 1. Art. 16 Federal Law No. 218 dated July 13, 2015, property registration is carried out within 12 working days. It all depends on the specifics of the transaction and specific circumstances. If you submit documents through government services or the MFC, the period may increase by several days. When submitting documents directly to the registration authority, the registration period will be minimal.

The cost of the state duty is 2000 rubles. Moreover, the amount does not depend on the number of owners.

Nuances

When requesting documents from a construction company, pay attention to their condition. Their appearance must meet established requirements. According to Art. 18 of Federal Law No. 122 Rosreestr cannot accept for consideration documents with corrections, blots or strikeouts. This may be misinterpreted. In addition, it is impossible to determine exactly who amended the document.

If the developer does not fulfill his obligations and refuses to issue the required documents, he will have to go to the district court. And with a court decision you can apply to register the property. Otherwise, the process of registering real estate in a new building is no different.

If the apartment was purchased using bank borrowings, additional documents will be required. For a mortgage, a loan agreement is additionally submitted to Rosreestr. In this case, the real estate becomes collateral to the bank until the funds borrowed for its purchase are fully returned. The apartment becomes collateral.

Documents are drawn up in the general manner. The only exception is encumbrance. It is imposed by the registration authority. Once the loan is repaid, it can be withdrawn. Until this moment, the owner will have to obtain permission from the bank to carry out any actions and transactions.

The owner will have to obtain permission from the bank not only to sell the apartment, but also in case of renting it out for long-term rent.

Features of registration under an equity participation agreement

After completion of construction work, the developer provides the opportunity to those who bought apartments during the construction process to register ownership. To do this, the following steps are taken:

1. a protocol for the distribution of apartments and commercial space is drawn up;
2. a technical passport is issued;
3. signs the transfer deed;
4. the house is registered with Rosreestr;
5. the address of the house is assigned.

When shareholders enter into rights, there are two possible scenarios for the development of events. In the first case, the developer helps to collect the necessary documents and register the right. In the second case, the company may prevent registration. If in the first case the procedure is no different from the standard one, in the second case you will have to apply to the district court with a statement of claim.

As soon as the house is put into operation, the construction company transfers the apartments to the buyers. The process involves inspecting the apartment, checking communications and drawing up a transfer deed. If there are deficiencies, a report is drawn up and a deadline for elimination is set. If everything is in order, the owners are provided with the keys.

Since January 2013, the developer is required to register the entire house with all premises, including residential premises, on the cadastral register. For this reason, shareholders do not need to separately request a cadastral passport. If the developer delays the process of obtaining a cadastral passport, the owner will first have to order a technical plan of the residential premises from the BTI. Only after this can you contact Rosreestr to prepare documents and obtain a cadastral passport.

In accordance with paragraph 11 of Art. 48 Federal Law No. 218 of July 13, 2015, to register property under the DDU, the following is required:

• passports of citizens who took part in shared construction;
• equity participation agreement;
• transfer deed for residential premises;
• permission to put the house into operation;
• receipt of payment of state duty;
• birth certificates for minor owners;
• a loan agreement in the case of obtaining a mortgage for the purchase of an apartment.

If the contract is concluded by only one spouse, written consent is required from the second. It must be certified by a notary.

The registration process itself is no different from the usual procedure. But in this case, it is not necessary to register in person. Sometimes registration is carried out by development companies.

Thus, registration of rights to an apartment in a new building depends on many factors. To do this, you need to collect documents and submit for registration to Rosreestr. After this, you will become a full-fledged owner of the residential premises.

Registration of an apartment in a new building with the issuance of a certificate is possible only if the developer:

• a protocol was drawn up for the distribution of residential real estate;
• received a registration certificate for the house at BTI;
• a transfer deed issued by a state architectural and construction organization has been signed;
• permission to put the house into operation has been received from the local administration;
• the house is registered in Rosreestr;
• a new postal address has been assigned to the house.

You can check the package of documents in the office. The company's address can be found in the agreement for the purchase of an apartment ─ investment agreement, co-investment agreement, equity participation agreement, etc.

If the registration of a house is delayed for two years, the buyer has the right to go to court. This option is most often offered by the developer himself.

Package of documents

The instructions consist of two parts. The first is preparation of documents, the second is registration itself.

Preparation of documents

Apartment acceptance certificate

To obtain such a certificate, you must contact the construction company. At the appointed time, the equity holder and a representative of the construction company inspect the apartment. If there are no comments, he signs a transfer and acceptance certificate with the developer.

Permission from guardianship authorities if there are minors among the future owners of the apartment

To obtain a document, parents apply to the guardianship authority with an application indicating the reason for the application. Along with the application, you must prepare the parents' passports, birth certificates, acceptance certificate and share participation agreement. The procedure will take about 14 days.

Cadastral passport with explication (plan) of the apartment

Instructions for registering ownership of an apartment

A representative of the construction company must be present during the property rights registration procedure.

Potential apartment owners present the following documents for registration:

1. Passports of all co-owners of the apartment and birth certificates (with copies).
2. If the registration of ownership is carried out by the owner’s representative, then he presents a notarized power of attorney and a passport with copies.
3. Agreement between the Buyer and the Developer with all additional agreements ─ equity participation agreement, investment agreement, co-investment agreement or other agreements. It is necessary to prepare copies of the contract and agreements in duplicate.
4. The act of acceptance and transfer of the apartment plus two copies.
5. Cadastral passport and copy, explication of the apartment.
6. Loan agreement and mortgage (if you purchased).
7. Permission from the guardianship authorities (if there are minors among the co-owners).

Registration - step by step

1. Present all listed documents.
2. Sign the application for registration of ownership. An employee of the Companies House prepares the document in electronic form. It contains the passport details of the owners, the address of the apartment and its technical data. Below is a complete list of documents accepted for state registration of rights. After checking all the data, each owner signs an application.
3. Prepare a receipt for payment of the state duty (one thousand rubles). If there is more than one tenant, the amount is divided between all co-owners. The state duty can be paid at any bank branch. There should also be a ticket office in the Companies House building.
4. A civil servant of the Registration Chamber identifies all owners, a representative of the construction company, using the documents provided. Original papers (except passports) and copies of all documents for apartment registration remain here; the employee is required to give a receipt for receipt of documents with the date of receipt of the certificate for the apartment. The maximum period for registration of rights is 30 days.
5. On the appointed day (or after it), each owner (or trustee) must pick up his certificate, deed of transfer and share participation agreement. Take your passport and receipt with you. By following these instructions for registering ownership of an apartment in a new building, the buyer will go through the procedure on his own without any problems, if he takes into account some of the nuances.

What difficulties might arise?

To finalize their legal rights to the buyer, they wait not only for the date of completion of construction, but also for the developer to complete the legal documentation for the house. Unfortunately, in reality, a situation often arises when the house is completed, the apartments are occupied, and ownership is still being formalized.

Without official documents, the buyer of an apartment not only cannot sell or donate it, but also register at the place of new residence. Lack of registration in our country is a serious problem. Difficulties may arise with medical care, employment, registering children for school or kindergarten, not to mention obtaining a foreign passport or registering a car. The bank will not register an unregistered apartment as collateral for a loan.

The next serious drawback of the delayed registration of property rights is the increase in the period for paying income tax when selling an apartment. According to the Tax Code, the seller of an apartment is exempt from income tax after three years of ownership of the property. This period is calculated after registration of rights.

There may be additional mortgage payment costs. As a rule, the interest on a mortgage loan for properties under construction is 1-2% higher than for finished housing, since the bank compensates for the risks of selling unfinished real estate in a situation where the borrower does not repay the debt. After completing the documentation for the right to housing in a new building, the bank, as a rule, reduces the borrower’s initial interest rate. The faster the owner of a mortgaged apartment registers ownership of it, the lower the final overpayment amount. If the registration process is delayed, the owner of such housing incurs additional losses.

Until the owner's rights are registered, the potential owner will not be able to apply for subsidies and benefits for utility bills.

Let's sum it up

So, to successfully register ownership of housing in a new house, the following conditions must be met:

• Completion of construction of a new building and commissioning of the house.
• State registration of the object.
• The potential owner has the necessary documents to register ownership of an apartment in a new building.

If these conditions are met, registration will proceed quickly and the owner of the property will receive all rights to the apartment. The main problem, as a rule, is related to the fact that the developer did not submit the necessary documentation for registration in a timely manner or did not register ownership. In this case, the homeowner can wait for the developer to complete the documentation or go to court.

Many citizens of our country believe that if they bought an apartment in a new building and only have the keys to this living space, then they are the actual owners of this housing. But this is far from true. Only after receiving such a document as a certificate of ownership of an apartment can one truly consider oneself the rightful owner of this home. There is a certain procedure by which an apartment in a new building is registered as the actual property of the owner.

Conditions for registering ownership of an apartment

An apartment in a new building can be registered and subsequently receive a certificate of ownership only if the development company fulfills a number of its obligations. Thus, the new building must be put into operation (there must be appropriate documents), and the new house must also receive its own postal address.

You can check whether the developer has fulfilled all its obligations very simply - on the company’s official website. If the registration of a house, namely an apartment, as a property took a little longer (more than two years), then it is worth going to court. Sometimes developers themselves recommend their clients to register the apartment as actual ownership through the court. Since it will be easier and faster to obtain a certificate of ownership of an apartment through the court.

Another important point is the technical passport for the residential premises, which in this case is a new building. This is one of those important official documents that every owner (or co-owner) of residential property should have. Therefore, immediately after the apartment is registered as a property, it will have to be ordered from the appropriate authority.

Apartment in a new residential building - how to obtain a certificate

To independently register housing as actual property, which is located in a new building, in the current 2015, it is necessary to follow two stages - it is imperative to prepare a package of necessary official papers in a timely manner, and to register ownership of the purchased apartment with the relevant registration authority of our country.

Preparation of necessary documents

To obtain an official certificate of confirmation of ownership of a new apartment, if the new building has already been put into operation, the following mandatory documents should be prepared:

1. The so-called transfer deed. This document can be obtained directly from the office of the developer. Or rather, you need to apply to the office to receive this official paper. And at the time appointed by the employee, together with a representative of the construction company, the apartment must be inspected and an acceptance certificate for new residential real estate must be signed. It is at this same stage that the new owner receives a copy of the keys to his (but not yet officially) brand new apartment.
2. If the new apartment will be owned by a minor, it is necessary to obtain permission from the guardianship authorities. Parents contact this government agency and write a corresponding application. By the way, this application will also need to be accompanied by the parents’ passports, the birth certificate of a minor child who is a co-owner of the property, a transfer deed with the development company that built the new building, as well as an equity participation agreement. Guardianship authorities can prepare written consent within a period of 14 days after the parents submit the application.
3. Cadastral passport, which must be accompanied by an apartment plan. In order to obtain this document, it is necessary that the apartment be cadastrally registered in the State Register.
4. Loan agreement or mortgage. These documents need to be prepared only if a new apartment was purchased from a development company using credit money. If the homeowner does not have a copy of the mortgage or loan agreement on hand, then to obtain them you need to contact the office of the financial institution where the mortgage loan was issued.

Registration of actual ownership of housing

It is worth considering that a representative of the company that built the new building must be present during the process of registering the right to housing. That is why owners should contact the company’s office and agree on the day on which the registration of the right to the apartment, which becomes actual property, will be carried out.

It is necessary to write an application for registration of ownership rights to the appropriate authority. This document is filled out only by employees of this body. This application indicates such mandatory data as the actual address where the new building is located, as well as all technical data of the new housing, etc. If all the data is entered correctly, each of the homeowners signs it.

After this, a receipt for payment of the state fee is issued. In 2015 it is equal to 1000 rubles. This is a fixed amount, so if several co-owners want to register the property, it is evenly distributed among them. You can pay the receipt at any bank in the country. But for maximum convenience of citizens, the cash desk where this payment can be made is located right on the premises of the Registration Chamber.

The next stage, which consists of such a difficult process as registration of property rights, consists of checking the presence of all the necessary documents, as well as the presence of all co-owners of the property and a representative of the construction company to which the new building was put into operation. If all documents are in perfect order, a representative of the chamber will pick them up and issue a special receipt confirming receipt of the documents. This receipt indicates a specific date when the owner will be able to receive a certificate confirming ownership of the apartment. In 2015, the maximum period for issuing a certificate of this type is 30 calendar days. But, as practice shows, the preparation of this document sometimes takes more time. The period directly depends on the actual number of potential owners of the new home, as well as the availability of a mortgage loan with which the new building can be purchased.

On a certain day, when registration of ownership of the apartment is completed, each of the co-owners must personally come to the Registration Chamber and pick up the documents (a certificate is issued to each of the co-owners of the property). In this case, the chamber employee must present a receipt and a passport. After registration of ownership, the new building becomes actual ownership and the owners can finally register in their home.

How to register an apartment as your property: procedure, necessary documents, nuances of registering ownership of an apartment in a new building, answers to the most popular questions that arise among happy owners of residential square meters - all these points are covered below.

Documents for registration ownership rights to the apartment

Registration of ownership of an apartment begins with an application to the registration authority. But before embarking on an assault on the regional department of Rosreestr - the Federal Service for State Registration of Cadastre and Cartography (better known under its former name - Registration Chamber), it is necessary to prepare a number of documents:

Important! Title documents are submitted to Rosreestr in three copies, each of which is an original.

Download the act form

The rest of the documents - according to the formula “original + copy”, and the copy will be certified by the registrar at the time of receipt. Passports of future owners, that is, applicants, must only be presented; copies do not need to be taken.

Registration of ownership of an apartment: terms, procedure

After making sure that all the necessary documents are available, you can begin the procedure for registering ownership. To do this, you should contact the Rosreestr office at the location of the apartment with an application for state registration of the right. This is required by Law No. 122-FZ. However, in practice, the responsibility for drawing up the application is assumed by registrars - thus the likelihood of incorrect completion and violation of the requirements is reduced to zero.

Having accepted the documents and completed the application, the registrar will leave a corresponding mark on the second copy. At this point, the first part of the mission can be considered over, all that remains is to wait.

According to the letter of the law, the period for registering ownership of an apartment is counted from the moment the application is accepted until the issuance of a certificate of registration of the right and cannot exceed three months. But in practice, everything can be completely different: if officials of the Rosreestr department have doubts about the authenticity or correctness of the submitted documents, they have the right to suspend registration or refuse it altogether. But in fairness, it is worth noting that refusal happens extremely rarely; much more often, all issues and problems can be resolved, and suspended registration is resumed very quickly.

Registration of ownership of an apartment in a new building

How to register ownership of an apartment purchased on the primary housing market is a question that concerns most future new residents, since the most affordable housing today is located in new buildings.

Don't know your rights?

The main thing in the process of registering ownership of an apartment in a new building is documents. It is the completeness of the documents and their legal purity that will determine how quickly the registration process will proceed.

You can entrust the registration of ownership of an apartment in a new building to a developer company or perform all the necessary steps yourself. When choosing the second option, the developer is required to submit the following documents:

• act of acceptance and transfer of the apartment;
• copies of documents on the commissioning of a built-up house and its acceptance by a specialized state commission;
• act of implementation of an investment agreement for construction work.

Important! When requesting documents, you should pay attention to their condition and appearance, since, in accordance with Article 18 of Law No. 122, the Rosreestr office cannot accept documents containing blots, strikeouts, additions, corrections and damage that affect the readability of the document and its interpretation content.

If the developer refuses to provide the necessary documents or fails to complete a number of mandatory actions, the issue of how to register ownership of the apartment is resolved by going to court.

Otherwise, the procedure for registering ownership of an apartment in a new building fully complies with the instructions given above.

Registration of ownership of an apartment with a mortgage

If an apartment is purchased with borrowed funds under a mortgage agreement, then the acquired property (or other real estate) becomes collateral for the repayment of the loan, that is, its security.

In this case, registration of ownership of an apartment with a mortgage takes place in the general manner, with the exception of the encumbrance that is imposed on the registered property. Until the loan debt is paid, the owner will be able to dispose of his property to a limited extent or with the consent of the mortgagee. Moreover, this applies not only to the purchase and sale, but also to the rental of an apartment.

In addition to the above documents, the package of documents submitted to the Rosreestr body must also include a mortgage (including all attachments) and an application for state registration.

How much does it cost to register ownership of an apartment (registration cost and state fee)

In order to register ownership of residential real estate, you must first pay a state fee, the amount of which increased in 2015 and amounted to 2,000 rubles.

The amount of state duty is regulated by federal legislation, in particular Art. 333.33 of the Tax Code of the Russian Federation and Law No. 221-FZ of July 21, 2014. The legislation also defines the circle of persons entitled to benefits upon payment.

But it is difficult to determine the exact cost of registering ownership of an apartment: to carry it out, you will need to collect a number of documents, for the registration of which you will have to pay. If lawyers or notaries are involved in the process to support the transaction, you will need to pay additionally for their services.

Certificate of registration of ownership of the apartment

Until 2015, such a certificate belonged to the category of strict reporting documents with a degree of security for printed products (level B), with an accounting series and number. According to the order of the Ministry of Economic Development No. 765 dated December 32, 2013, the form of the document has changed since 2015.

Now this is the official form of the Office of the Federal State Registration, Cadastre and Cartography with a number corresponding to the state number. registration of rights. The document is certified by the state signature. registrar This means that since 2015, there are no requirements for the security of the document form and it can be drawn up on plain white paper (A4 format).

The number and series in the certificate are also indicated on the back of the document, but as for the passport data, they will no longer be in the new certificate. Now it is required to indicate the date and place of birth of the citizen, SNILS. Another innovation is the possibility of receiving such a document in electronic form with an electronic signature of the registrar.