What documents determine ownership of an apartment. What documents should an apartment owner have?

The housing issue is difficult in many respects.

Obtaining the desired housing depends not only on financial capabilities, but also on other factors.

It is important to understand that any real estate is acquired on certain grounds and is certified by specific documents.

Let's consider what document confirms ownership of an apartment in relations with third parties.

legal documents for the apartment

To acquire ownership rights, certify them and dispose of them, it is necessary appropriate confirmation .

You can get housing in various ways and each of them has its own legal documentation . Rights to real estate can appear on the basis of contracts (donation, purchase and sale, rent, exchange, shared construction), acts state authorities, court decisions, when inheriting property.

Let's take a closer look at each of them.

Most often, property arises from purchase and sale transactions.

The document confirming the owner's right to the property in this case will initially be an agreement and an act of acceptance and transfer to it.

If housing is purchased on the primary market, this can be done through purchase, or by concluding an agreement to participate in shared construction.

In cases with other document transactions, establishing right, will also perform corresponding agreement . It is this written document that indicates the transfer of rights from one person to another. For such agreements, as a rule, acts of acceptance and transfer of property are drawn up, confirming its actual transfer.

Another basis for acquiring rights to an apartment can be an act of various state organs Most common case is a decision on the gratuitous transfer of ownership of an apartment, that is, privatization.

To this day, the right of citizens to this gratuitous transfer of housing still remains. In some cases, such a basis may be a judicial act adopted in a dispute over rights to real estate.

The decision made determines the fate of the property and the identity of its owner.

You can also become the owner of an apartment if you receive it by inheritance. Regardless of whether inheritance occurs by law or by will, an inheritance case is opened.

After completing all procedures required by law, the notary issues a certificate of right to inheritance.

Each of the above documents, in turn, serves as the basis for registration of concluded transactions and rights to real estate.

It is the act of registration that is the main document certifying the emergence, transfer and termination of the rights of the owner.

Without its implementation, the owner's status will not be considered fully confirmed. It is in the presence of a certificate or extract from the Unified State Register that the owner can freely dispose of his property and enter into transactions with third parties.

It is worth noting that from July of this year, certificates will no longer be issued. The only document certifying registration will be an extract from the register.

At the same time, previously issued documents will not lose their validity.
Thus, from the documents, establishing rights of the owner, the main one is a certificate of ownership or an extract from the Unified State Register of Individual Entrepreneurs.

However, its issuance is impossible without presenting to the registrar evidence confirming the completion of a transaction, receipt of an inheritance, participation in privatization or another legal method of acquiring property.

Contents and form of legal documents

Since documents establishing rights have great legal significance for determining the owner of property and the scope of his rights, their execution should be treated with extreme care.

When preparing any important papers, you should guided by certain rules. Common to all property documents is an indication of the object itself.

The data it contains must allow clear to identify purchased apartment. These include data on area, address, technical characteristics, year of construction.

When making various transactions, in addition to the mandatory indication of their subject, important conditions may be their price, term, mutual obligations, and rights of the parties.

Agreements relating to real estate are drawn up in writing and contain an indication of the place and date of their execution. It should be clear from the document who gave (received) what, when, and under what conditions.

As mentioned above, all real estate transactions must certainly go through the registration procedure. After its completion, a stamp is affixed to the contract registering organ

Regarding the certificate of inheritance, the requirements for its contents are installed special rules on inheritance, notary office.

It must strictly comply with the accepted form and contain information about the date of issue, the notary drawing it up, the testator, the time of opening of the inheritance, the inherited property, the heir(s), the size of the share if there is more than one heir.

Decisions of judicial and other bodies also comply with certain statutory requirements.

They must contain an indication of the date, place of issue (acceptance), name of the authority, property, new property owners, circumstances that served as the basis for making such a decision.

In addition, the signature of the head, other authorized faces and seal of the organization (body).

Registration certificates issued before July 2016 had to be issued in accordance with the form established by the state.

Each certificate is subject to strict accounting and has:

• separate series and number,
• seal ,
• manager's signature,
• date of issue,
• special signs that exclude the possibility of counterfeiting.

The certificate actually conveys the information specified in the Unified State Register, namely: the owner’s data, a detailed description of the apartment, an indication of the type of right, the basis for its acquisition, the presence of encumbrances.

The extract, issued at the request of the applicant, contains data on the object number (cadastral or conditional), its characteristics(i.e. the address, area dimensions, purpose are indicated), copyright holder, form registered rights, the time of its registration.

The ownership document certainly reflects information about the property. The remaining data contained in it depends on the type of legal document

Who issues property documents?

Where to go to obtain documents confirming ownership depends on their type. Everything is clear with the agreements; their preparation and signing is the responsibility of the parties to the transaction.

In some cases, their certification requires an application to a notary. You can’t do without contacting a notary’s office if you want to assume your rights as an heir.

Which notary should you go to for opening? hereditary matters, it is worth checking with the notary office in your region.

When exercising the right to privatization, you must contact the local government authorities in charge of this issue.

The judicial authority to which the owner should apply to protect his interests is determined taking into account the rules jurisdiction, jurisdiction.

Basically, disputes regarding real estate are resolved at its location.

To register You will need to contact the Rosreestr for your rights or multifunctional centers You can apply for an extract from the register of rights to real estate at registration authorities, the Cadastral Chamber or multifunctional center . By personal contact, or via the Internet on the organization’s website.

The authority to which you need to contact to obtain documents depends entirely on their type. In some cases, applicants provided the right to choose where exactly to address your request

What documents are required when conducting real estate transactions?

A certificate of title or an extract from the Unified State Register are documents that confirm the fact of ownership of real estate and provide the opportunity to dispose of it at your own discretion

Any owner has the right to dispose of his own property.

When making transactions in relation to an object owned by him, he must confirm his right.

The main document for this is, of course, serves certificate O law or extract from Unified State Register. Exactly They reliably confirm status owner And his right dispose of property, V volume number, alienate others persons.

IN case, If owner on one's own Not wishes study, To example, sale apartments, issued power of attorney on implementation his powers trusted face.

Issued like this power of attorney usually notary. Together With those, at committing transactions expedient study And those documentation, on basis which was carried out state registration.

How more thorough examination will carried out at conclusion deals, those less probability unpleasant surprises And possible disputes O law.

If owner wants draw up will, V which contained general phrase about leaving Total his property certain face, from him required only certificate personalities.

When speech coming O specific property, introduce themselves documentation, confirming right property on Write a question to a housing lawyer in the form below see also Phone numbers for consultation

Discussion: there is 1 comment

What document confirms ownership of the apartment? Changes in the legislation on documents confirming ownership of an apartment have been in effect since July 15, 2016. From this moment, amendments to the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated July 21, 1997 No. 122-FZ came into force. According to the new provisions, state registration of property rights is certified only by an extract from the state register of rights to real estate and transactions with it (USRP). It can be obtained in paper and electronic form.

From the moment the certificate of ownership of the apartment is cancelled, the extract is the only certificate confirming the rights of the owner of the property, i.e. document confirming the ownership of the apartment. After the cancellation of certificates, almost nothing changed in the property registration procedure. The conclusion of agreements and contracts is carried out in the same manner as before. Legislative innovations help reduce the risk of transactions being carried out by fraudsters who could forge any documents using old invalid forms.

An extract from the state register is a certificate. It is issued to confirm that the citizen is the owner of an apartment or other premises. The document on ownership of an apartment in 2017 is drawn up based on data from the register.

What documents confirm ownership

Purchasing a property requires documents certifying ownership of the apartment. Each method of obtaining housing has its own paperwork:

• agreement - for purchase and sale transactions, exchange, donation, shared construction;
• court decisions regarding inheritance of property;
• acts of government bodies.

The documents for transferring ownership of an apartment under the contract include the transfer and acceptance certificate. If housing is purchased on the primary market, the purchase of real estate can be carried out through the conclusion of a shared construction agreement. For other types of transactions, the document can also be an agreement on the transfer of rights from one person to another, which is confirmed by an act of acceptance and transfer of property.

An act of a government body (for example, a decision on privatization) can also be a document of ownership of an apartment. In some cases, it will also be a court decision made in a dispute over the right to real estate.

You can become the owner of a residential property by inheriting it. The notary opens an inheritance case and, after following certain procedures, issues a certificate of inheritance.

Any of the listed documents is the basis for registration of concluded transactions and rights to real estate.

What document confirms ownership of the apartment? The registration act is the main document defining ownership of the apartment. Without registration, the process of obtaining owner status is not complete. Only the presence of an extract from the Unified State Register or a certificate indicates the right to dispose of property and execute transactions with third parties.

Certificate of state registration

Not a single transaction involving the transfer of rights to real estate can be carried out without a state registration certificate, which confirms the presence in the Unified State Register of Real Estate of a mark indicating how the property was acquired by the owner. Obtaining this document is intended to protect the owner from fraud and illegal actions by third parties.

Ownership and ownership are different concepts. The right to dispose of property arises only after registration of ownership with the relevant authority. The certificate contains the following information:

• series, passport number of the owner of the apartment, his full name, date of birth, address of residence, which is considered the place of registration;
• information about real estate (apartment, house), area, location address, number of floors;
• information about the type of document on the basis of which the registration service recorded the right to property, information about the encumbrances that exist during registration and issuance of title documents.

How and where to get

Since July 15, 2016, Rosreestr has stopped issuing certificates of state registration of ownership of real estate, assuring citizens that the cancellation of the issuance of this document will make their life easier. Despite the fact that certificates have been abolished, the issuance of a document certifying registered ownership remains.

The sequence of the procedure for state registration of rights also applies. Now the owner does not need to present an extract when contacting a government agency. Local governments and government agencies are required to independently request an extract from Rosreestr.

The certificates in the hands of citizens do not lose their legality.

After the state registration procedure is completed, an extract from the Unified State Register is issued. Registration is possible by submitting documents to register ownership electronically or by directly contacting the MFC, Rosreestr.

A new extract is issued in the form prescribed by law and confirms the registered right of a certain person to a specific property from the date indicated in it, and the registration entry is entered into the register.

Restoration in case of loss

What to do if the document on ownership of the apartment is lost? You can restore the papers in the same Rosreestr. Upon application, an official of the department issues a duplicate of the lost document. If a document certifying your right is lost, the procedure for restoring it is more complicated - you must order a certificate from the Department of Housing Policy and Housing Fund (if the right arose before 1998). To obtain a certificate, you must fill out an application and pay a state fee. After 15 days, a certificate confirming the right to real estate will be issued.

If you have any questions about documents for ownership of an apartment, contact our lawyers via the website or by phone. You can also ask a question in an online chat.

The topic of real estate, or rather the right to own it, has always remained relevant. The fact is that if a person does not have documents for an apartment, then it will not be so easy to prove that the property is his property. Therefore, the owner must have documents proving ownership of the apartment. But not everyone can receive these pieces of paper.

The purchase of housing is carried out on certain grounds. Nobody will sell an apartment just like that, and it makes no sense to buy real estate without a folder with documentation. That is why it is so important for the buyer to know what real estate documents look like and what list of documentation the owner should have, according to the rules current for 2017. That is why lawyers advise first clarifying the current list of all documents, and only after that proceeding with more active actions.

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How to confirm ownership of an apartment in 2017

The title documents for an apartment have changed quite a lot since the summer of 2016. But the most important change that affected every citizen of the Russian Federation planning to participate in the sale of an apartment is the cancellation of a permanent certificate. Now it has been replaced with an extract from the Unified State Register. Actually, this extract also replaced the cadastral passport, which was no longer issued on January 1 of this year. Although this document can still be attached to the general folder of papers.

1. If you don’t know where to get documents for an apartment or other property, you can go in three ways:
2. Via the Internet, by contacting the official website of Rosreestr and ordering paperwork this way. In order to do this, you need to log in to your personal account on the Roseestr website and follow the link https://rosreestr.ru/site/fiz/poluchit-svedeniya-iz-egrp/.
3. Contact your local MFC. You must go to the multifunctional center in person, but if you sign up for a queue to receive an extract, this information will be issued as quickly as possible, and you will not have to stand in line.

Go to a regular branch of Rosreestr (not a virtual one) and order a document there.

Each method is convenient in its own way, although virtually receiving documents is still much more practical and does not distract from everyday affairs. The main thing is to understand that records in the unified state register can be requested either in full or incompletely. Only the owner can request a detailed statement, and anyone can request a regular statement.

And one more nuance - the extract is taken immediately before a real estate transaction, since the validity of this document is temporary.

It is impossible to become the owner of an apartment or any other real estate if the applicant does not have the appropriate documents that confirm the person’s right not only to manage, but also to own property. That is why it is so important to determine what documents confirm ownership of the apartment. And this can be confirmed, for example, on the basis of a purchase and sale agreement.

Purchase and sale

Based on an apartment purchase and sale agreement, real estate is transferred from one person to another. The buyer accepts all rights to the property, giving the seller an amount corresponding to the market value of the property as compensation. The parties to the purchase and sale agreement are both individuals and legal entities. This does not play a big role in the result of the work.

This is a document that certifies and confirms ownership of the apartment. And the main condition of this transaction stated in the documentation is the information:

• About the subject of the transaction, that is, the apartment that is for sale. For example, the location of the apartment, its square footage, condition and other individual characteristics;
• About the price being asked for the property, when it should be transferred, and in what form. This paragraph is mandatory in accordance with Article 555 of the Civil Code of the Russian Federation. In other words, if the value of the property is not indicated in the contract, it is considered not concluded;
• Information about the transfer of ownership.

Any transaction involving the purchase and sale of housing is associated with subsequent state registration.

Inheritance

As an inheritance, real estate passes from one person to another quite often. But there are several inheritance options:

• Inheritance by law;
• Inheritance by will.

The fact is that the legal heir and the one indicated in the will can be two different people. And this affects the procedure for registering the received real estate. And he is the following:

Donation

A donation is significantly different from a real estate purchase and sale agreement. The main difference is related to money, because in this case there is no real estate price. It’s just that one person transfers an apartment to another completely free of charge.

True, there is a nuance - if you transfer real estate to a close relative or spouse, then you do not need to pay tax, but if you transfer it to a stranger, then the received apartment is considered as income, which means it is taxed.

The process of donating an apartment involves drawing up a special document. This document states:

If the recipient of the property dies before the donor, then the apartment is returned, and the heirs of the donee have no rights to it. This is also an optional clause in the gift agreement, but sometimes it is included in the transaction.

Rent

A life annuity agreement also gives certain rights to real estate. In fact, as long as the tenant is alive, this is his apartment, based on which the rental agreement can be considered a full-fledged document of title.

There are three types of annuity contracts:

Each transaction under consideration allows you to obtain real ownership of a home, without actually purchasing it.

Mena

An exchange agreement is very similar to a purchase and sale agreement, including the same rules. It must be drawn up in simple written form and this paper must be certified by a notary. This is especially important especially for complex contracts. In addition, the exchange agreement must be registered - this is a mandatory condition, as in the case of a purchase and sale transaction.

If the apartments being exchanged are located in different cities, then the two transfers of ownership must be registered separately. The fact is that state registration should be carried out exclusively at the location of the apartment. It turns out that the owners will have to go through twice as many procedures so that everyone receives a new property.

Privatization

It’s hard to believe, but property can be transferred completely free of charge. This is the privatization of an apartment. In this case, it is necessary to collect certain documents. So, the first stage of this process:

At the second stage of privatization, documents are also needed:

• Permission from the guardianship authorities;
• Certificate from the old and new place of residence;
• Certificate from the Visa and Registration Department, if we talk about foreign citizens.

In individual cases, other documents may be required.

Share

An apartment can be purchased not only using the standard method, but also through a share participation transaction. It implies that the future owner pays for housing that is not yet ready during the construction stage of the house. The money is paid to the developer. As a result, the living space is much cheaper than the standard on the secondary market, so such documents may well be considered legal documents.

This agreement can be concluded in two ways:

The registration procedure is the same as in the purchase/sale agreement. Only if the developer is involved in this, then the owners must pay for his services, since the procedure is complex in terms of registration, especially if it is necessary to deal with the affairs of several prospective buyers at once. And if the developer does not agree to transfer the rights to the property, he will have to go to court.

The court's decision

To prove your right to real estate, you can provide a court decision. It is issued in controversial cases when there is a right to the ownership of an apartment, but the documents that confirm this were lost for some reason. In this case, they can be processed in court.

Here are the most common disputes that can be resolved in court:

• If, when privatizing an apartment, the interests of some citizens who also have the right to real estate were not taken into account;
• When the rights of heirs are violated or the interests of only one person are taken into account;

The court can resolve many controversial issues, so if you don’t know how to dispose of your property in a dispute, file a lawsuit.

Cadastral passport

Ownership of an apartment can be proven using a cadastral passport. It shows that the property is registered in the cadastral register. It also contains information about the cadastral number of the apartment. This number is very important for performing various operations and obtaining information about the object.

The passport is valid for 5 years, as it indicates the current cadastral price, which is revised once every five years. True, now they no longer issue cadastral passports for apartments. But in 2016, its registration could be ordered from the BTI. Only if the property has already been registered in the Unified State Register before, then it makes no sense to register it again. The only condition is complete coincidence of the information that was specified in the purchase/sale agreement and the cadastral passport (if it remains valid).

Technical certificate

Another important document certifying ownership of an apartment can be considered a technical passport. This is a schematic representation of real estate, subject to footage and other criteria.

It was this couple that acted as the main title document for the apartment until 2017, and registration of ownership of the apartment was impossible without this documentation. Even now it can be used.

This is a booklet in A3 format. It contains the following information:

In addition, you must indicate the date of issue of the document, because it is temporary, which means you need to monitor the issuance date.

What does a certificate of ownership look like until 2017?

Now all that remains is to see what the certificate of ownership of the apartment looks like.

Each of them is a title document for an apartment. But the extract became the only document that has at least some force. Without it, registration of ownership of the apartment by the new owner will be impossible.

Previously issued certificates are also valid, but they become no more than an extract from the Unified State Register of Real Estate. But the extract will be valid no longer than the year in which it was issued. Therefore, the owner of an apartment, trying to sell it or perform another manipulation, must draw up an extract immediately before the transaction.

How to check the authenticity of an extract from the Unified State Register

Even after receiving an extract from the sellers, in order to avoid fraud, you need to clarify what the document on ownership of the apartment looks like. The fact is that scammers have already learned how to forge papers. In order not to fall on their hook, you need to know how to verify the authenticity of the papers that they are trying to slip to you.

So, what documents will confirm ownership of the apartment:

• The owner’s passport, the information in which is compared with the data indicated in the extract;
• Purchase and sale agreement with the previous owner, etc.

If you don’t believe me, you can look at the extract yourself on the Rosreestr website. It will take a minimum of time, but all doubts will be dispelled. In addition, it is important that the extract is as recent as possible. The closer to the transaction the document was drawn up, the better.

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Any person who lives in a residential area is required to have proof of ownership of it as required by law. And if any document from them is not available, it is necessary to urgently begin to restore or obtain it.

Title documents for the apartment – a set of official papers, confirming the right of ownership or residence in a specific living space. It is important to understand that without proof of ownership it will be impossible to conduct any real estate transactions. You can prepare and receive them from the Rosreestr branch.

Legislative regulation of the issue

The designation of title documentation for real estate has been introduced Federal Law No. 122, clause 2, article 4.

Rights to any real estate must be registered; this is done from the moment the law is signed and issued.

Besides from 01/01/2017 In 2009, Federal Law 218 “On State Registration of Real Estate” was introduced, which defines the norms and standards that confirm ownership.

Types and list for various situations

Privatized living space

This documentation is presented to the registry. ward

Inheritance

The apartment comes into use as a result of 2 situations: by law or by a deceased relative.

In the first situation, you must first make sure that there are no other candidates for receiving real estate, and then register your right.

The main confirmation will be here certificate of inheritance. Approved by a notary six months after the death of the owner.

Cooperative apartments

When purchasing from the cooperative, the newly minted property owner receives certificate of paid share.

Based on this certificate, ownership rights are registered.

Non-privatized residential real estate

In addition, it is concluded with the residents. Thus, those living in this housing receive the right to live there, to participate in the privatization of the home, can register close relatives there, etc.

But they cannot sell their home. To sell you will have to privatize the apartment. To do this, you need to submit an application to the city administration, when the authorities allow privatization, a corresponding agreement will be concluded with the residents. After this, the apartment will become property.

New building

By purchasing an apartment from a developer, you do not automatically become an owner.

In order to arrange housing, you will need to go through two stages:

1. Collect a package of documentation. Required:
   1. Acceptance and transfer certificate of housing;
   2. Extract from the Unified State Register of Real Estate with the plan;
   3. If the apartment was purchased under a contract, then a mortgage agreement will be required;
   4. If one of the owners plans to have a minor, then permission from the guardianship authorities is required;
2. Register with Rosreestr.

Having collected the package and attached the passports of all owners (birth certificates for minors), you need to contact the state registration authorities.

In Rossreestr you need to fill out an application, pay a state fee and wait about 1 month for property registration.

Mortgage

For registration real estate purchased with a mortgage, required:

If relevant, you may also need:

• Permission from the guardianship authorities (if there are minor owners);
• Documentation of legalization;

This list is not complete, since under additional circumstances state registration authorities have the right to require additional documentation for property registration.

Other documents

In addition to the above, there may be other types of title documentation, in this case, a lot depends on how the apartment became your own:

• For example, a prenuptial agreement or property division agreement signed as a result of a divorce;
• Agreement on the determination of shares in the event that there has been a division of common property into private property;
• Mortgage, if there was compensation for the debt by exchange for real estate;
• A certificate confirming the purchase of housing at an open auction.

Purpose and importance of this documentation

The main purpose of title documentation for an apartment is confirmation of rights for a citizen for any real estate in his possession.

They are received by the owners after purchasing (or otherwise obtaining) housing. As a rule, they are represented by some kind of papers, without which it is impossible to prove ownership.

In addition, without title documentation impossible to implement any real estate transaction.

They go through a fixation process during the registration procedure, so you need to get duplicates as quickly as possible. They can be done at registration offices or at a notary’s office, since all real estate transactions are certified by a notary.

Registration requirements

The most important thing in title documentation is that it must contain information about real estate.

The information in them must be as complete as possible in order to be able to identify the property.

Moreover, in the documents must be specified:

These official papers are used when conducting important processes, therefore it is necessary that they are clearly and correctly formatted. If a document contains corrections, adjustments or blots, it is invalid. Consisting of several pages, must be bound and numbered, each page must have a stamp. Documentation that was drawn up in accordance with the legislation that was in force at the time of preparation is considered valid. If a new law comes into force, then you need to re-register these papers. If there are no innovations, then the use of old documents is permitted.

Title documentation is endowed with a special degree of legal importance, therefore it is necessary to treat it with extreme care. Of course, it is possible to restore it, but this is a very expensive and quite long process.

Receipt

Since the beginning of 1998, confirmation of ownership of real estate has been possible only in the Unified State Register of Rights.

Papers to the right of disposal There are different ones, depending on what kind of real estate and on what basis it was obtained:

1. Reg. certificate from .
2. Certificate of state registration of rights.

The registration process from 2017 will take place in Unified State Register of Real Estate (USRN), thus, instead of extracting the Unified State Register, home owners will need to take a cadastral extract about the property from the Unified State Register. To complete it, you need to send an application to Rosreestr or MFC, and in five days it will be ready.

Recovery

If it so happens that the title papers are lost, they should be restored as quickly as possible.

This the process is happening Thus:

• If they were issued before 1998, then you can issue a certificate from the copyright holder at the DzhPiZhF, and you can also get a copy of the transfer agreement there.
• In addition, it is possible for the owner to receive a duplicate of the state certificate. registration or certificate from the Rosreestr branch.

In the process of document recovery, received before '98, the owner needs to come with a passport to the branch of the Department of Housing Policy and Housing Stock, where he will receive an application form to receive a copy of the certificate or agreement on the privatization of the apartment, as well as a receipt for payment of the state fee. After all this is done, after 15 days the owner will be able to receive a certificate with the information contained in the originals.

When did privatization take place? later 98th and there is no need to restore a copy of the agreement, you can simply obtain a certificate of the contents of the title documentation from the Rosreestr branch.

To restore documentation that was received after 98, you need once again issue a certificate of state registration. registration of rights.

Often, to restore documents of ownership it is necessary go to court, and undergo other equally unpleasant procedures, so if you are not sure of your legal data, it is better to contact a qualified specialist.

The loss of title papers is an extremely unpleasant event. But prompt and correct behavior in such a situation will reduce the time and money spent on the restoration procedure, as well as prevent the loss of real estate.

Documents that can confirm the right to property, there can be three types:

1. The main one is a certificate of registration of ownership (it is not required for housing purchased before 2000).
2. The second is an agreement, based on which the certificate is issued by the registration authority.
3. The third is the act of acceptance and transfer.

So, all these three types of papers can be considered title-establishing. You can also call the act of acceptance and transfer of property establishing title; it must be drawn up and signed for any transaction. But, as a rule, it is ignored. It is important not to forget that this document is necessary when preparing a package of documentation for registration of ownership of an apartment obtained as a result of an investment agreement in an apartment building.

For information on title documentation for an apartment, see the following video:

Abolished. It has not been issued since July 15, 2016!
Yes, it’s not necessary! After all, now the only evidence of a registered right is not a document, but record of this right in EGRN.
Now how can you prove your ownership?
Article updated 02.01.2019 of the year

Let's look at it in detail:

• Changes in the law “On state registration of rights to real estate and transactions with it”
• Legal consequences of changes
• . Forms " old» evidence

Change in the law “On state registration of rights to real estate and transactions with it dated July 3, 2016”

On July 3, 2016, amendments to Federal Law No. 122 were adopted, which were retained in the new Law Federal Law No. 218 “On State Registration of Real Estate,” which came into force on January 2, 2017.

Now Article 14. “Certificate of state registration of rights” is stated in the following wording:

1. Conducted state registration of the emergence and transfer of rights to real estate certified by an extract from the Unified State Register of Rights.

The completed state registration of contracts and other transactions is certified by making a special registration inscription on the document expressing the content of the transaction. In this case, a special registration inscription on a document expressing the content of the transaction and presented in the form of an electronic document is signed with an enhanced qualified electronic signature of the state registrar.

2. The form of the special registration note, the composition of the information included in it and the requirements for filling it out, as well as the requirements for the format of the special registration note in electronic form are installed regulatory authority in the field of state registration of rights.

(as amended by Federal Law dated July 3, 2016 N 360-FZ)

WITH July 15, 2016 state registration of the emergence and transfer of rights to real estate will be certified only by an extract from the Unified State Register of Real Estate (until 01/02/2017 - Unified State Register of Real Estate)

These changes have been carried over to
new FZ-218 " About state registration of real estate“, which came into force on 01/02/2017. (Article 28 Certification of the implementation of state cadastral registration and state registration of rights. Federal Law-218)

The certificate of ownership was cancelled. Legal consequences of changes

What do these changes mean in practice:

• Our usual Certificate of State Registration of Property Rights has been abolished. Previously issued Certificates remain valid, but repeated documents and duplicates will not be issued. A copy of a previously issued Certificate can be requested from Rosreestr if it is lost (if it is needed).

• Instead of a Certificate, after registering the right and making an entry about it in the Unified State Register (from 01/01/2017 - Unified State Register), the right holder will be issued an Extract from the register with the seal of the registering authority

• On the title document (agreement) there will be a special registration inscription about the content of the registration action and the date and number of the entry in the register

• If the title document was submitted on paper, this will be a stamp with the registrar’s signature and the seal of Rosreestr

• If the title document was submitted electronically, the file with the document will be certified by an electronic digital signature (EDS) of the registrar.

Moreover, the electronic digital signature will certify the file with the title document, and not each page of this document.

It is impossible to put a physical, “blue” stamp on a title document certified with an electronic digital signature, indicating that the right has been registered.

An extract from the Unified State Register of Rights, certifying the state registration of rights, is a document confirming the fact of its implementation and the presence in the Unified State Register of the information specified in it, including about the copyright holder, the property registered on the corresponding day under the corresponding right number, title documents - the grounds for registration of the right, on the date indicated therein as the date of issue.

Moreover, according to the law, only a record of state registration of rights in the Unified State Register is the only evidence existence of a registered right.

The certificate of ownership was canceled, but previously issued certificates remained in force, but are conditionally reliable

Factual, current and reliable information about the property, copyright holders, arrests and encumbrances can be obtained from the electronic extract from the Unified State Register of Real Estate.
You can order.

Nevertheless, real estate owners still have previously issued Evidence. And they are suitable for the initial assessment of risks in a purchase and sale transaction.
Forms different ones were used.
It is necessary to exclude fake and unreliable ones at the first stage of the transaction.

Reference Information:

Since 01/02/2017, the Unified State Register of Rights (USR) and the State Real Estate Cadastre (GKN) have been merged into the Unified State Real Estate Register - EGRN.

An example of a new extract from the Unified State Register of Real Estate

Here you can see an example of a new extract from the Unified State Register received via the Internet

Only such a recent extract from the Unified State Register will give you reliable information about the property and the rights to it.

Ordering a new extract from the Unified State Register of Real Estate via the Internet

Here you can order an Extract from the Unified State Register of Real Estate via the Internet.
The state fee for an extract via the Internet is 250 rubles (and not 400 rubles on paper) and arrives in a few hours, or even minutes (depending on the load on the server), and not in 3 business days when ordering through the office.

My last order through this service was completed in 1 hour 08 minutes.

The statement comes immediately by email in a convenient, “human-readable” format.

Such an extract was issued from the Unified State Register from July 15, 2016 to December 31, 2016

Certificate of state registration of property rights is no longer issued: 118 comments

Hello. The extract from the Unified State Register incorrectly indicates the apartment number (and the area is 0.7 less), the rest is all correct. The apartment belongs to a “not close” relative (my wife’s aunt, who hardly ever visits), and was privatized in 2005. How to fix this error? I read that this is through the MFC. Can I personally do this and how?
Thank you.

• Answer for Oleg.
  Did you order the extract using the cadastral number?

• Is the number indicated in the privatization agreement correct?

• Good afternoon When submitting documents for re-registration of an apartment (I live in Crimea), I encountered the following problem - it turned out that there were two cadastral numbers for different areas, but at the same address. I turned to Goskomregister for advice. They explained to me that the first number for a smaller area is valid because... the living area is indicated there. And the second number for a larger area must be canceled because... The total area is indicated there. What documents will we receive? There will also be a discrepancy between the area and the technical passport. And can we sell the kaartira if necessary? Thank you

• Hello. Question about the new Moscow (TiNAO). The will for the apartment was drawn up when it was considered to be in the Moscow region, and now it is Moscow. Do I need to rewrite my will because of this? In the extract from the Unified State Register of Real Estate, the copyright holder is the same.

• Hello, I am a member of a dacha association, I received a plot in 1988, I have a membership book, I pay the dues. I discovered that my plot was being sold by a fraudster. He claims that he also has a membership book and draws up ownership documents. What should I do?

• I accidentally discovered that there was no certificate of ownership of the land. The plot was bought in 2004 and there is a deed of purchase. I don’t go to the dacha, it’s far and hard. I pay the fees. What to do?

• Hello, in 2004 we bought a land plot of 6 acres. There is a purchase and sale agreement (bill of sale) for the land plot, there is a certificate of state registration of the right, there is a transfer deed, there is also a copy of the passport for the residential building, but it has not been completed, now we will do land surveying , But for some reason we don’t have a certificate of ownership of the land. What should we do now? I haven’t gone to the dacha since 2008, because... Far and hard

• Hello! I would like to inquire. What should I do and where should I go? What if I accidentally put my stamp on the original extract from the state register of real estate about the main characteristics and registered rights and wrote the copy is correct!?

• Hello. I would like to ask that I accidentally stamped and wrote a copy of the original document, an extract from the unified state register of real estate about the main characteristics and registered rights. What should I do and where should I go? Will they replace it for me or not?

  We completed a purchase and sale transaction for a house and land, money through a safe deposit box, submitted all documents to the MFC and a week later they issued two statements and a purchase and sale agreement with a stamp, the seller took the money. However, on the Rosreestr website the number of the right to real estate has not changed, and for some reason there is no plan in the extract, there is no number next to the date of issue. They don’t really tell you over the phone when changes will appear on the website and in your personal account. The reference information update date is current. Were we deceived when preparing the documents?

• Hello. They gave a house and land to their son. The son received documents from the Russian Register: a donation agreement and an extract from the unified state register for the land and house. Where else do you need to go to complete the transaction or are these the final documents?

• Hello! My father wrote a will for me, for all my property, including my apartment. A few years later this house was demolished as a dilapidated house. The father received a new apartment and issued a certificate of ownership. Do I need to rewrite my will?

• Hello! My father gave me an inheritance for an apartment belonging to him. The agreement was drawn up and certified by a notary. Then the house was demolished and he received a new apartment at a new address. Is it necessary to conclude a new inheritance agreement or does the old agreement remain in force?

• Hello!
  The apartment is registered to 4 owners, each with 1/4 share. The owners are me, my official husband, our minor daughter and my adult daughter from my first marriage. My husband wants to give his share to our minor daughter. Should he have the Donation Agreement certified by a notary, or is a simple written form sufficient? What documents are required to be submitted to Rosreestr or MFC to register the transfer of ownership under the Donation Agreement in 2018? Thank you.

• Hello! I'm going to buy an apartment, but the owner of the apartment says that it is not privatized. They bought this apartment in 2004. She has a certificate of ownership, it states that she is the owner on the basis of a purchase and sale agreement. I ordered an extract from the Unified State Register of Real Estate. Can I buy this apartment or not? Are there any risks? It turns out that it was privatized by the old owners. When purchasing, will I need to privatize it again?

• Good afternoon Please tell me, in 2014 I purchased an apartment with the status of “residential premises”. After completing the transaction, the justice issued me a certificate of ownership of these residential premises. But, according to housing legislation, when purchasing “residential premises” I was also required to be given a certificate for the share of the land plot on which the apartment building in which my residential premises is located stands. It is difficult to achieve anything from the developer during the negotiation process... What should I do in this situation, please tell me?

• Hello! Tell me. entered into an inheritance of real estate on which restrictions (encumbrances) were imposed by the court, a ban on registering the transfer of ownership (alienation) of the property, in order to remove the encumbrance, is it enough for the court to provide a notarized certificate of the right to inheritance by law and an extract from the Unified State Register of Real Estate?

• Good afternoon
  A controversial issue has arisen, please help me figure it out.
  In August 2014, I purchased real estate in a 1/4 share. Rosreestr issued me 3 property certificates: in two of them (for land and building letter A) a co-owner (3/4 share) was indicated. In the third (building letter B), the co-owners were not indicated: in the corresponding column there was an inscription: “Rights not registered.” In 2015, the co-owner died, and in 2016 his daughter took over the inheritance. Now she has a 3/4 share in three certificates received from Rosreestr. Could this happen if her father was not indicated as a co-owner in the certificate of ownership for building letter B? How could she inherit this?
  I am hope for your help.

• Good afternoon We have a certificate for the land, for the house. Registered in the house. Is it necessary and within what time period to issue technical support? passport for home?

• Hello! In Crimea (Kerch), when registering an apartment for cadastral registration, my mother’s certificate of ownership, issued by Ukraine, was taken away. When they received the documents, they did not return it, they said that they no longer needed it, they only gave me a photocopy of it. But my mother fears that scammers might take advantage of it and wants to return it. Is there any reason to worry? Mom is old, she no longer has the strength to walk around the offices.

• We submitted documents to the MFC for registration of the gift agreement and transfer of ownership of the real estate, after the required time, upon receipt of the documents according to the inventory, they did not return to the donor the Certificate of ownership of the donated real estate and the Certificate of the right to inheritance under a will, only a copy of the gift agreement and the acceptance certificate transmissions and everything. The MFC specialist said, don’t receive the documents, we’ll send them back to the registration chamber, so that everything is returned to you in a package, we wait another 2 weeks - there are no documents, the registry chamber does not respond, the MFC is throwing up their hands... Should the originals of the Certificate of Ownership and the Certificate of Title be returned inheritance under a will, and now how can both the donor and the donee get the documents?

• Good afternoon

  The owner of the land plot has no legal capacity. Unable to sign a power of attorney (doesn’t speak, doesn’t recognize anyone, is lying down..). There is an heir who has been caring for her for many years and for whom a will has been written. The received EGRN extract does not reflect the copyright holder, although there is a 1996 certificate in hand. By law, you must submit an application to enter data. How can this be done in this situation?