In the Russian Federation, all real estate has the following main types of ownership:

State property- property owned by the Russian Federation (federal property), and property owned by subjects of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of the subject of the Russian Federation). Land and other natural resources that are not owned by citizens, legal entities or municipalities are state property.

Private property - any property owned by right of ownership to citizens and legal entities, with the exception of certain types of property that, in accordance with the law, cannot belong to citizens or legal entities. The quantity and value of property owned by citizens and legal entities are not limited, except in cases where such restrictions are established by law. Commercial and non-profit organizations, except for state and municipal enterprises, as well as institutions, are the owners of property transferred to them as deposits (contributions) by their founders (participants, members), as well as property acquired by these legal entities for other reasons. Public and religious organizations (associations), charitable and other foundations are the owners of the property acquired by them and can use it only to achieve the goals provided for by their constituent documents.

Municipal property- property owned by right of ownership to urban and rural settlements, as well as other municipalities. On behalf of the municipality, the rights of the owner are exercised by local government bodies and persons specified in the Civil Code. Property in municipal ownership is assigned to municipal enterprises and institutions for possession, use and disposal in accordance with the Civil Code. Local budget funds and other municipal property not assigned to municipal enterprises and institutions constitute the municipal treasury of the corresponding urban, rural settlement or other municipal entity.

Under right of possession is understood as a legally based (legally secured) opportunity to own a given piece of real estate, maintain it on your farm (actually possess it, list it on your balance sheet, etc.).

Right of use represents the possibility, based on the law, of exploitation, economic or other use of a property by extracting useful properties from it and consuming it. It is closely related to the right of ownership, because, as a general rule, one can use property only by actually owning it.

Power of disposal means a similar possibility of determining the legal fate of a property by changing its ownership, condition or purpose (alienation by agreement, inheritance, destruction, etc.).

Methods of acquiring property rights It is customary to divide into primary and derivative. Initial- this is when the acquisition of rights is not related to the right of another person to this object, and the scope of the rights and obligations of the owner is determined by law.

The main initial method of acquiring rights is the lawful (on a legal basis) economic activity of the subject of law: the right of ownership to a new thing, manufactured or created by a person for himself in compliance with the law and other legal acts, is acquired by this person. This happens in cases and in the manner provided for by the Civil Code of the Russian Federation. It follows from it that a person, firstly, can acquire ownership rights to property that does not have an owner, secondly, to property whose owner is unknown, thirdly, to property that the owner has refused or to which he has lost the right property on other grounds provided by law.

Derivatives methods of acquiring rights are methods not so much of acquisition as of transfer of rights from one right holder to another. Otherwise, these are ways when a subject of law who wants to purchase a property must take into account, in addition to the requirements of the current legislation, the presence of an existing copyright holder, his will to transfer his rights and obligations to one extent or another.

Property right

Property right- subjective civil law, the object of which is a thing. A person who has a property right exercises it independently, without resorting to any specific actions or the assistance of other obligated persons. The owner of a thing owns, uses and disposes of it at his own discretion within the limits established by law. Property rights can be divided into 2 groups: property rights and limited property rights.

Ownership is included in the list of real rights, and other real rights are only derivatives of the right of ownership, because the owner transfers his property to another person. A limited property right is an absolute right, i.e. there is no need to contact third parties to exercise their powers, unlike the law of obligations, which is relative. Property rights have individually defined things as objects. Property rights are perpetual, and violation of property rights requires priority satisfaction over obligatory ones.

Property rights in the objective sense are a set of legal norms regulating the ownership, use and disposal of property by the owner at his own discretion and in his own interests and the protection of this property from encroachment by third parties.

The right of ownership in the subjective sense consists of the following powers of the owner:

The right of ownership is the ability to exercise actual dominion over a thing.

The right of use is the opportunity to exploit property, extract useful properties from it, receive fruits and income.

The right of disposal is the ability to determine the legal and actual fate of a thing.

Limited real rights:

right of economic management; right of operational management; right of lifelong inheritable ownership of land;

the right to permanent use of a land plot; easement. other real rights.

Economic management. The real right of a non-owner legal entity to own, use and dispose of the property assigned to it within the limits determined by law.

Subjects: Unitary enterprises (except for state-owned enterprises) of all forms of ownership; subsidiaries created by unitary enterprises; state concerns.

A unitary enterprise is a commercial organization that is not vested with the right of ownership of property assigned to it by the owner of this property. His property is indivisible and cannot be distributed among deposits (shares, shares), including among employees of the enterprise.

Object: a complex of property that is assigned in accordance with the established procedure to the holder of this right.

Operational management. The right of a non-owner legal entity to own, use and dispose of the property assigned to it within the limits determined by law, in accordance with the tasks of the owner and the purpose of the property.

Subjects: state-owned enterprises; institutions as a type of non-profit legal entity.

A state enterprise is one of the types of state enterprises. According to the Civil Code of the Russian Federation, a unitary enterprise based on the right of operational management is considered a federal state enterprise. State-owned enterprises are budgetary organizations.

Object: a complex of property assigned in accordance with the established procedure to the specified legal entities.

Right of lifelong inheritable ownership of land

The bearer, not being the owner of the land plot, is endowed with the rights of ownership and use for life with the transfer of this use by inheritance.

Subjects: individuals.

The right to permanent (indefinite) use of land

The right of use is not limited by a specified period.

Subjects: state or municipal institutions, state-owned enterprises, state authorities, local governments.

Easement- this is a limited right to use property owned by another person.

Grounds for occurrence: agreement. If an agreement is not reached, the person has the right to file a claim in court. The owner of the plot has the right to demand payment for the use of his property. An easement is characterized by the right to follow the fate of the main thing.

In accordance with Ukrainian legislation ownership implies the right to own, dispose and use real estate for purposes and limits that do not violate the rights of owners, as well as compliance with restrictions (easements) (Fig. 6.1).

Rice. 6.1. Triad of powers

The owner of the property has all three of these powers. But separately (and sometimes all together) they may belong to another legal (title, based on a certain legal basis - title) owner of the property, for example a tenant. The latter not only owns and uses the property of the owner-lessor under an agreement with him, but also has the right, with his consent, to sublease the property, improve the property, i.e., within certain limits, dispose of it.

The owner has the right to transfer to other persons his rights of ownership, use and disposal of an object belonging to him, while remaining its owner, for example, when renting out real estate. This is also the basis for the possibility of transferring real estate into trust management to another person, which does not entail the transfer of ownership of the transferred property to the trustee. Trust management is a way for the owner to exercise his powers - one of the forms of exercising the power of disposal, but not at all establishing a new right of ownership of real estate.

Real estate objects can be either under the right of economic management or under the right of operational management. When real estate objects are under the right of economic management, they can be owned, used and disposed of. With property relations based on the right of operational management, real estate can be owned and used in accordance with the goals and objectives of the owner.

Subjects of property rights can be any subjects of civil law, individuals and legal entities (except for unitary enterprises and owner-financed institutions), state and municipal entities. Entities that do not have civil (property) personality cannot act in this capacity. In particular, labor and other collectives, various communities, etc. associations of citizens (individuals) that do not have any property of their own, separate from the property of their participants. Such property can be created and isolated only in the manner prescribed by law: by registering a legal entity. Then we will talk about the property of this legal entity.

Methods of acquiring property rights are usually divided into initial And derivatives. It is necessary to note the peculiarities of acquiring ownership rights for real estate objects such as apartments. The object of purchase and sale can only be an apartment that is privately owned. A municipal apartment must be privatized before completing a purchase and sale transaction. Common property occurs when several citizens own the same piece of real estate (for example, an apartment). Common property can be shared or joint.

Common property occurs when an apartment is owned by several citizens. Shared ownership occurs when an apartment is privatized by several shareholders; receiving an apartment under a will; re-registration of joint ownership into shared ownership. It must be taken into account that when selling one of the shares, shareholders have the right of first refusal over other buyers for an equal price.

When donating their share, the remaining shareholders do not have any advantages. However, if the share belongs to a child, it cannot be given as a gift, but can only be sold with the simultaneous allocation of an equivalent share in another living space (for example, when purchasing or registering a child with one of the parents).

The grounds for the emergence of property rights, as well as the grounds for its termination, are regulated by law. We will talk about what events and circumstances relate to them, as well as what the procedure for applying the relevant provisions of the law in practice is in our article.

Methods for establishing ownership of real estate

The emergence of ownership of real estate can occur in the following ways, regulated by law (Article 218 of the Civil Code of the Russian Federation):

• Creation of a new property. The right arises from the moment of state registration (Article 219 of the Civil Code of the Russian Federation).
• Conducting a transaction aimed at alienating a property.

The right in question will arise from the moment the appropriate registration actions are completed (clause 2 of Article 223 of the Civil Code of the Russian Federation). It is mandatory to undergo state registration of rights to real estate objects, the title documentation for which was drawn up after the entry into force of the Law “On State Registration...” dated July 21, 1997 No. 122-FZ (according to paragraph 6 of Article 1 of the Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, hereinafter referred to as Law No. 218). In particular, rights that arose before the introduction of Law No. 122-FZ are subject to mandatory state registration, if such rights are transferred, they are limited, or a transaction with the relevant property is completed after the entry into force of Law No. 122-FZ (clause 3 of Art. 69 of Law No. 218).

• Execution of a will or legal instructions on the transfer of the right to property owned by a deceased citizen.
• By decision of a judicial authority in relation to an object that does not have an owner (clause 3 of Article 225 of the Civil Code of the Russian Federation).
• By way of succession during the reorganization of a legal entity.
• After full payment of the contribution by a member of a particular cooperative (Clause 4 of Article 218 of the Civil Code of the Russian Federation).
• Due to acquisitive prescription (Article 234 of the Civil Code of the Russian Federation).

Note! This list is not considered exhaustive and can be expanded taking into account the fact that the grounds for the emergence and termination of property rights (Article 235 of the Civil Code of the Russian Federation) can complement each other.

When does ownership of real estate arise?

The emergence and further change in the status of any real right to real estate requires state registration (clause 1 of Article 131 of the Civil Code of the Russian Federation). This procedure is carried out by the competent authority - the Federal Service for Registration, Cadastre and Cartography (Rosreestr).

Important! Other ways to prove the existence of a registered right, besides state registration, are not regulated by law (Clause 5, Article 1 of Law No. 218).

Ownership of real estate arises from the moment the relevant information is recorded in the Unified State Register of Real Estate (hereinafter referred to as the Unified State Register of Real Estate), see clause 4 of Art. 1 of Law No. 218. It terminates in the same way - from the moment the corresponding entry about the existing right in the Unified State Register is canceled.

At the same time, an agreement completed in a form that meets the requirements of the law, on all the essential terms of which the parties have agreed, but the state registration of which is not carried out as prescribed by law, does not entail all the consequences for which it is intended, until the specified registration actions are carried out.

Moreover, from the time all its essential provisions are agreed upon, it gives rise to mutual rights and obligations between the parties themselves, but in relation to third parties - only from the moment of state registration (clause 2 of the IP Presidium of the Supreme Arbitration Court of the Russian Federation dated February 25, 2014 No. 165).

Conclusion! Thus, state registration is a legal act of recognition of the existence of a right, which, after entering the relevant information into the Unified State Register, can only be appealed by contacting a judicial authority.

Can a right arise without state registration?

As noted above, rights to property requiring state registration are considered to have arisen, changed or extinguished from the moment of such registration actions (Clause 2 of Article 8.1 of the Civil Code of the Russian Federation). However, this is only a general principle, and in some cases the right in question arises regardless of the entry of information about its transfer to the Unified State Register of Real Estate.

Such exceptions include situations of transfer of the right to property (clause 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation, Supreme Arbitration Court of the Russian Federation dated April 29, 2010 No. 10/22, hereinafter referred to as PPVS No. 10/22):

• to the legal successor of the legal entity, when the right arises from the moment the reorganization of the named legal entity is completed (this topic is covered in more detail in other materials on our website, we recommend that you read them, for example, the article Conversion (reorganization) of a JSC into an LLC (nuances));
• to the heir after the death of the testator, when the right arises at the time of opening of the inheritance;
• to the corresponding member of the cooperative (for example, construction, garage, etc.), when the right to the property for the purpose of creating which the cooperative was organized passes to such member after full payment of his contribution.

Important! The list of such cases can be regulated exclusively by law and is not subject to broad interpretation at the moment (clause 3 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 No. 25).

Grounds for the emergence of ownership rights to unauthorized construction

In this case, this right can only be recognized by a decision of a judicial authority. In this case, such a judicial act will act as a document - the basis for making a corresponding entry in the Unified State Register (Subclause 5, Clause 2, Article 14 of Law No. 218). From the moment the relevant information is recorded in the Unified State Register, the right is considered to exist.

Important! Even when the ownership of a real estate property has passed the state registration procedure in accordance with legal regulations, but such an object has the characteristics inherent in unauthorized construction, the likelihood of the judicial authority satisfying the demands for its destruction in accordance with the requirements of Art. 222 of the Civil Code of the Russian Federation is not excluded (clause 23 PPVS No. 10/22, clause 5 IP of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 9, 2010 No. 143, hereinafter referred to as IP No. 143).

The court must satisfy the requirements for recognition of the right to a real estate object discussed in the article if only 1 sign of such an object as unauthorized construction is established, which is expressed in the absence of documentation permitting construction or commissioning, although the entity that created such unauthorized construction took all measures to formalize it (paragraph 3, clause 26 of PPVS No. 10/22). However, if a person did not take such measures, the court will have no grounds to recognize his right of ownership (clause 9 of IP No. 143).

This right will also not be recognized by the judicial authority if such a building poses a threat to the life and health of people (clause 13 of IP No. 143).

Expiration of the acquisition limitation period

On this basis, persons (both citizens and organizations) who for a continuous period of at least 15 years have conscientiously and openly owned this property as their own can be recognized as owners of real estate (Clause 1 of Article 234 of the Civil Code of the Russian Federation).

The law enforcer deciphers the listed criteria (clause 15 of PPVS No. 10/22):

• Good faith of ownership implies that the subject, receiving property in possession, did not have information that he has no grounds for obtaining ownership of this property (for example, such an owner assumes that the previous owner abandoned this property). The law does not prohibit the acquisition of property rights on this basis if such ownership began and by agreement of the parties on the further transfer of rights as part of the transaction, although this transfer never took place (for example, the decision of the Feodosia City Court of the Republic of Crimea dated October 27, 2016 in case No. 2 -2996/2016).
• Openness presupposes that a person does not conceal the fact that the property is in his possession.
• Continuity of ownership means that during the entire period established by law the person did not cease his actions to exercise the rights of the owner. Including such circumstances as the temporary disposal of property contrary to the law, its transfer to temporary possession of another entity (for example, under a lease agreement), do not interrupt the course of this period.
• To own property as one's own means to own it not under the terms of a contract.

Due to acquisitive prescription, subject to the conditions required by law, ownership rights may also be recognized in relation to unauthorized construction (clause 12 of IP No. 143).

Ownership rights on a similar basis can be acquired both for ownerless property and for the property of an identified person (clause 16 of PPVS No. 10/22).

So, according to the general principle, ownership of a property arises at the moment information about it is entered into the Unified State Register of Real Estate. Most of the possible grounds for the emergence of ownership rights to such objects are regulated by Ch. 14 Civil Code of the Russian Federation.

The term “real estate” in general can be understood as land with the buildings located on it, that is, a completely definite physical object that can be “touched”. But, on the other hand, the goods in the real estate market are not physical objects, but various rights to these objects. Each right gives its owner certain benefits, which can be expressed in the form of cash flows, prestige, a sense of personal satisfaction, conditions for doing business, quality of housing, etc. Thus, to fully characterize a property, it is necessary to consider its characteristics as a physical object and rights to it.

The central legal institution in a market economy is property rights. This right gives a person legal power over a thing and is called a property right. Different types of real rights differ precisely in the scope of this power; real rights also include: the right of lifelong inheritable ownership of property; the right to permanent (indefinite) use of property; easements; the right to manage property; the right to operational property management. With the exception of the right of ownership, all other real rights are rights to the things of others.

The right of ownership is determined by the 17th chapter of the Civil Code of the Russian Federation. Property is a set of rights that can be distributed between different entities or concentrated in one hand:

Possession- the primary component of ownership, physical control over an object based on the law, the ability to have it in one’s possession, maintain it on one’s farm, on the balance sheet, etc., actual possession of the object. It creates the necessary prerequisites for the implementation of two other powers - use and disposal. You can own a property, but not use it. It is impossible to use a real estate property without actually owning it.

Use - the use of an object of property in accordance with its purpose at the discretion and desire of the user or owner, the extraction of useful properties or income from the object. Possession and use can be combined in the hands of one entity or divided between different entities.

Order– a comprehensive, highest way of implementing the relationship between an object and a subject of property, i.e. this is the right to decide how and by whom the real estate object itself and the income received from it can be used; determination of the legal fate of the property. That is, the owner of real estate not only owns and uses the property, but also disposes of it for purposes and limits that do not violate the owner’s rights and restrictions established by law.

Full ownership rights mean the right to own, use and dispose of property within the framework that does not contradict local legislation. Full title has the highest value.

Economically, property is realized when it begins to generate income, that is, in the process of appropriation and alienation of land and other real estate as the main factor of production and its results - income. There are two main ways of appropriation and alienation of goods: individually isolated - private and joint - common, public. Accordingly, based on the subject of appropriation, two main forms of ownership are distinguished: private and public (state and municipal).

Subjects of ownership of real estate are the owners of specific land plots and other real estate objects, vested with land rights and bearing responsibilities in accordance with land, civil, water, forestry and other legislation of Russia. Three main groups of subjects enter into property relations regarding real estate:

The Russian Federation and the constituent entities of the Russian Federation represented by state authorities, cities, districts, settlements represented by local governments;

citizens, associations of people, families, social groups, including foreign citizens;

legal entities – commercial, non-profit and other organizations, including foreign ones.

In the modern civilized world, “sacred and untouchable” property has long ceased to exist. The powers granted to a private owner, by definition, often conflict with the interests and rights of other individuals and society as a whole. The laws of all countries, starting with the ancient Roman state, provide for restrictions on property rights based on the interests of society, religious, environmental, transport and other requirements. In accordance with the current Constitution of Russia (Article 36, Part 2) and the Civil Code of the Russian Federation (Article 209, Part 3), the owner, using his real estate, must not violate the rights and legitimate interests of other persons and is obliged to comply with environmental, sanitary -hygienic and other conditions.

In Russia, as in many developed countries of the world (USA, England, etc.), it has been established: when private property interferes with the realization of public interests, it is subject to permanent or temporary restrictions.

Permanent restrictions on the right of ownership of real estate, due to their limitations and irreplaceability in business activities, include:

zoning system;

rational use and protection of land;

environmental control;

protection of the legal rights and interests of other owners, tenants and users of land;

taking into account building codes and regulations, planning projects and development of settlements;

restrictions on the rights to use or dispose of historical and cultural monuments, protected zones, agricultural lands, etc.;

For the owner of real estate, the law may establish certain temporary restrictions (encumbrances) that restrict his rights in the exercise of property rights. Property Rights Restrictions:

easements;

• trust management;

  rent, leasing.

The owner of real estate (land plot, other real estate) has the right to demand from the owner of a neighboring plot, and, in necessary cases, from the owner of another land plot (adjacent plot) to grant the right to limited use of the neighboring plot - easement. There are positive and negative easements. Positive easements are the right of the person holding the easement to perform certain actions to the detriment of another's property. These include the right of passage or passage through a “served” land plot, driving livestock through it, using water or pastures, laying transmission lines, communications and pipelines, etc. Negative easements are the right to demand that the owner of a property adjacent to the “dominant “The “employee” of the site refrained from certain types of its use. For example, the right to demand the non-construction of buildings or structures or the construction of those that cannot impede access to the “dominant” area of ​​light and air (light and air easement) or spoil the view (view easement). An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court based on the claim of the person demanding the establishment of the easement. The owner of a plot of land encumbered by an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established a proportionate payment for the use of the plot. An easement may be encumbered by buildings, structures and other real estate, the limited use of which is necessary regardless of the use of the land plot.

Mortgage is a loan secured by real estate. A mortgage secures obligations with real estate, in which the creditor (mortgagee) has the right, in the event of failure to fulfill obligations by the debtor (mortgagor), to receive satisfaction from the mortgaged real estate. The property on which the mortgage is established remains in the possession of the mortgagor, i.e. the debtor. The mortgage agreement is concluded in compliance with the general rules of the Civil Code of the Russian Federation on concluding an agreement, taking into account the provisions established by the relevant articles of the Federal Law of the Russian Federation of July 16, 1998 No. 102-FZ “On mortgage (mortgage of real estate)”.

Trust property management(trust) is a new phenomenon in Russia, which applies primarily to the shares of privatized enterprises remaining in state ownership. The newly introduced (clause 4, Article 209 of the Civil Code) institution of trust management of property allows the owner (founder of management), including the state as a business entity, to transfer to another person (trustee) his rights of ownership, use and disposal of property belonging to him for a certain term, which, however, does not lead to the transfer of ownership of the property transferred into trust management to the trustee. However, without becoming the owner, the trustee has the opportunity to own, use and dispose of the property entrusted to him in property circulation on his own behalf, but in the interests of the owner. Objects of trust management can be enterprises and other property complexes, individual objects related to real estate.

Rent– this is the right to use someone else’s real estate under certain conditions. Under a lease agreement, the lessor (owner) undertakes to provide the lessee (tenant) with real estate for a fee for temporary use. Land plots, isolated natural objects, enterprises, property complexes, buildings, structures and other things that do not lose their natural properties during their use can be leased. The lease period is determined by the contract, at the same time, the lease can be concluded for an indefinite period if the latter is not specified in the contract. The tenant is obliged to promptly pay fees for the use of the property (rent). The procedure, conditions and terms for paying rent are determined by the lease agreement. Upon termination of the lease agreement, the tenant is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear, or in the condition stipulated by the agreement.

Leasing– one of the types of financial lease. Under a leasing agreement, the lessor undertakes to acquire ownership of the property specified by the lessee from a seller identified by him and to provide the lessee with this property for a fee for temporary possession and use for business purposes. The leased property becomes the property of the lessee upon expiration of the lease term or before its expiration, subject to the payment by the lessee of the entire redemption price stipulated by the agreement.

The most complete in composition is the interest of full ownership, the owner of which has the perpetual right to use or alienate real estate at his own discretion, subject to compliance with the law and the inalienable rights of other members of society. A freehold owner can create smaller beneficial interests, such as a leasehold interest, which gives its owner (tenant) the right to use the property for a specified period in exchange for rent. In turn, the tenant can create a sublease interest by transferring the right to use the property to the subtenant. Theoretically, this process is unlimited. In this case, the rent that the main tenant pays to the owner of full ownership is called the main or main rent, and, accordingly, the rent paid by the subtenant to “his lessor” is called sublease. The difference between the sublease and the main rent is called the income rent, or profit rent.

Various actions can be carried out with real estate, entailing the emergence, change or termination of rights and obligations in relation to it, i.e. various transactions can be carried out: rent, pledge, inheritance, donation, purchase and sale, trust management, permanent use, full economic management, insurance, leasing, sublease, contribution to a joint-stock company, privatization, etc. An additional stage of real estate transactions is state registration of rights to real estate and transactions with it, which is regulated by the Civil Code of the Russian Federation, Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”, other federal laws and regulations of the Russian Federation. State registration is the only evidence of the existence of a registered right and is carried out at the location of real estate according to the established system of records of rights to each object of real estate, which is recorded in the Unified State Register of Rights to Real Estate and Transactions with It. Extracts from the Unified State Register of Rights, approved in the prescribed manner, must contain a description of the property, registered rights to it, as well as restrictions (encumbrances) of rights. The use of information contained in the Unified State Register of Rights in ways or in a form that harms the rights and legitimate interests of copyright holders entails liability under the legislation of the Russian Federation. State registration of rights to real estate and transactions with it is carried out by the institution of justice for state registration of rights to real estate and transactions with it in the territory of the registration district at the location of the real estate.

According to current legislation, ownership of real estate is subject to mandatory registration with the relevant authorities. This applies to houses, apartments, offices and other residential and commercial premises. Therefore, after completing a transaction to alienate an object or upon completion of its construction, it is imperative to go through this procedure.

Registration Service

Currently, the only body carrying out this procedure on the territory of the Russian Federation is Rosreestr. The full name of the organization is the Federal Service for State Registration, Cadastre and Cartography. It is represented in all subjects of the federation and works with citizens at the location of the real estate.

Until 1998, several structures dealt with this issue. Land was registered separately in special committees, and buildings - in the BTI. Subsequently, the functions were transferred to a single service, which currently manages all real estate objects without exception.

Who collects documents

All necessary papers are submitted to Rosreestr by the owner (he can be either an individual or a legal entity) or his representative. Their list largely depends on the type of object and the method of acquiring ownership. When it comes to individual construction, this issue is dealt with directly by the owner or a specialist hired by him. In the case of purchasing an apartment on the primary market, the developer is responsible for collecting documents, and when carrying out a transaction to transfer property, the notary is responsible. If the alienation of property occurs without his participation (this is permitted at the legislative level), all issues related to registration, at the request of the owner, he can deal with independently or resort to the help of specialists in this field. The new owner will be able to dispose of the property only after completing this procedure.

Registration of ownership of real estate is not a very complicated operation, but it is bureaucratic. Each specific case requires its own list of necessary documents. For this reason, most citizens prefer to pay an intermediary and shift all the hassle onto his shoulders. If the owner decides to carry out the procedure on his own, first he needs to find out what certificates will be needed for this and where they can be obtained.

List of documents

As mentioned above, it largely depends on how exactly the ownership of real estate arose, and what specific object we are talking about. In practice, private individuals most often deal with housing: apartments, houses or country buildings. Based on this, we can identify several general registration options for individuals that they encounter. Firstly, these are land plots (for individual construction or gardening). Secondly, residential buildings. Thirdly, apartments.

The emergence of ownership of real estate may be due to its transfer from another person (seller, donor or testator) or primary (for example, the construction of a house). When contacting Rosreestr, regardless of the type of object and other nuances, you will need to present a civil passport. It won’t hurt to prepare a copy of it (or better yet, several), it may also come in handy. You will also need a receipt for payment of the state fee. Details and amount are usually posted on the information stand. When submitting documents, fill out an application using a special form. It can be obtained from the representative office or on the official website of Rosreestr.

Registration is carried out on the basis of a cadastral passport. The title document can be a contract of sale, gift, exchange, certificate of inheritance, or a court decision. You will also need a certificate of absence of buildings (if there are none), a transfer deed (drawn up by the parties to the transaction in a simple form), sometimes the consent of the spouse of the new owner, certified by a notary, is required. In case of initial registration, it is necessary to provide a resolution to Rosreestr on the transfer of ownership of the plot (it is issued by the local government body).

As for houses, the list of papers can be much longer. Registration of ownership of real estate occurs on the basis of a cadastral and technical passport (these are different things), as well as a title document of exchange, purchase and sale, etc.). In the absence of the latter (if we are talking about recently, it is not provided. Country buildings intended for gardening (dachas) are registered according to a simplified scheme - in a declarative way, without the participation of the BTI. The owner only needs to fill out a special form, where he independently indicates all the necessary characteristics.

Registration of ownership of an apartment

This is the most common action performed by private individuals in the bodies of Rosreestr. If we are talking about the secondary real estate market, then all the documents necessary for this procedure must be in the hands of the owner as a result of the transaction. Firstly, this is a technical passport (it is handed over by the former owner of the apartment). Secondly, the title document itself (notarized or drawn up in simple written form). In the latter case, you will need 2 more documents: the object between the parties to the transaction and the consent of the spouse to complete it.

It should be noted that registration of ownership of an apartment may require additional certificates, which will be reported by a specialist during data processing. Only an experienced specialist in this field can foresee all the nuances in advance.

About deadlines

According to current legislation, registration of ownership of real estate must be carried out no later than a month from the date of submission of documents. In practice, in some localities it happens much faster (from 10 to 14 days), while in others it is delayed. In the latter case, the registrar's actions can be appealed in court. However, this only makes sense if a complete package of documents is submitted, since the allotted time is counted from the moment the registrar receives the last certificate from the list.

About intermediaries

Since registering ownership of real estate is a rather painstaking process and requires careful preparation, it is sometimes not very easy for an ordinary citizen. If a person has never encountered this issue, he simply does not understand where to get this or that certificate, where to go and what to do. Therefore, there are a lot of specialized companies offering their services for real estate registration. Some of them help in collecting documents, others represent the client’s interests in Rosreestr. There are also those who accompany the transaction, starting with the search for a property and ending with the registration of ownership.

Undoubtedly, such assistance may be useful to many, especially since the prices of intermediaries are generally very reasonable. The main thing is not to try to save on them by contacting a dubious company, guided only by the cost of services of its employees. Unfortunately, scammers are not uncommon in this area.

Registration of an apartment purchased on the primary market

After the house is accepted for operation by the state commission and the BTI, the developer prepares documents for each specific apartment. As a rule, company employees independently register ownership in the name of the client and hand over the completed documents to him. In some cases, an additional fee is charged for this; in others, the service is included in the price of housing.

Registration of ownership of an apartment purchased on the primary market can be completed by the owner himself. To do this, in addition to your passport and receipt of payment of the state fee, you need to provide a completed application, an agreement with the developer and an apartment acceptance certificate (signed with him). If everything is in order with the documents and no errors are found in them, within a month the owner will become the full owner of the property and will receive the appropriate document.

Registration when registering an inheritance

This question interests many citizens. In particular, is it possible to alienate an object immediately after receiving a certificate? Having inherited a home or its share in a foreign city, the owner often tries to immediately sell it or donate it. However, this is only possible after its appropriate registration. Unfortunately, the law does not provide for the implementation of several transactions simultaneously, including inheritance. Registration of real estate ownership with the authorities of Rosreestr is a procedure without which it is not considered complete. For this reason, the heir will first have to formalize everything as it should be, and only then dispose of the property.

Property of legal entities

In principle, there is no big difference between registering real estate for a company and for an individual. Documents are submitted and processed in the same way. True, their list may be a little longer. In addition to all the standard certificates and papers related to the object itself, the owner’s documents are presented to Rosreestr. For a legal entity, these are copies of the charter and They can be certified by a notary or an authorized person of the company itself. Depending on the type of activity of the enterprise, additional certificates may be required. Documents are submitted by a person who has the right to sign, according to the charter, or acting on the basis of a power of attorney.

Real estate disputes

Unfortunately, they happen quite often. We are talking about relatives who did not share the inheritance, and about former spouses during a divorce, and about co-owners of an enterprise, and simply about neighbors. Recognition of ownership of real estate in court is carried out in the event of a dispute or division of property, when a voluntary settlement of the issue is not possible. The result of such proceedings may be a court decision depriving the property rights of one citizen and transferring them to another. It is also subject to mandatory registration in Rosreestr, along with a purchase and sale or exchange agreement. This must not be forgotten, because otherwise the new owner will not be able to fully manage the property.

Current legislation provides for mandatory registration of any real estate with Rosreestr. This procedure may not be very simple and understandable, especially when an ordinary person, without special knowledge, has to go through it. Therefore, it is better to entrust the collection of documents, their execution and filling out all the necessary papers to a competent specialist.