What is the difference between an ugrn statement and a certificate of ownership? What does the cancellation of certificates of title to real estate mean? Now they do not issue a certificate of ownership
All the details about what happened to the paper certificates for the apartment (and other real estate) and how now to confirm that I am the owner.
In the midst of July, when half of the population of our Motherland is calmly engaged in beds and harvesting for the winter, great changes are taking place in the legal life of the country. But it's one thing when new rules for fishing water resources come into force, and quite another when it comes to real estate, which almost everyone has in one way or another.
The essence of the changes: from 15.07.2016 paper certificates of state registration of ownership of real estate will no longer be issued. The procedure for state registration of the emergence and transfer of rights to real estate remains.
This news of the cancellation of the ownership certificate for all non-lawyers in the country seemed revolutionary. Habitual certificates for an apartment or house in folk wisdom were considered the only and most durable confirmation of property rights. And then again - and the news: the certificate for the apartment was canceled and will not be issued anymore. How can you not get worried? But in fact, there is nothing to be afraid of.
How can I now confirm that I am the owner?
From July 15, 2016, an extract from the Unified State Register of Rights to Real Estate and Transactions with it becomes a document that confirms the registration of ownership of real estate - extract from the Unified State Register... You can get such a statement both in paper form and in electronic form.
The USRR register has been kept for a long time, and extracts have existed for a long time. From the extract of the Unified State Register of Legal Entities, it has long been possible to see who the owner is, whether there are restrictions (encumbrances) on real estate - for example, whether the apartment is pledged by the bank (mortgage) or under arrest. In addition, long before July 15, the owner could already choose how to certify his fact of registration of the right - a paper certificate or an extract from the USRR. But most, of course, chose the familiar testimony. An extract from the Unified State Register was more often ordered, for example, when concluding a contract for the sale and purchase of an apartment, in order to view the entire history of the object and make sure the transaction was clean. And now this statement will need to be ordered more often - for example, even when renting an apartment.
In fact, the certificate of registration of ownership of real estate has long been no guarantor. The old certificate could easily have remained with the previous owner of the apartment in his last name and open up scope for fraud. Or another illegal space - forgery of forms.
The certificate itself, in essence, did not confirm the ownership of the property forever, but only on a specific date - on the date of its issue. Everything is the same with an extract from the Unified State Register of Legal Entities - and it confirms all the information only as of the date of issue, and the very next day - there may be a completely different entry in the Unified State Register. And a fresh extract will be needed. The main difference is that the certificate was issued once and for all, and the statement will need to be ordered as much as there will be different transactions with real estate - buy / sell / rent, etc.
Important!
Both the certificate earlier and the extract from the USRR today only confirm the fact of state registration of the right. The main documents in this case have always been and remain the documents of title - the purchase and sale agreement, the donation agreement, the certificate of the right to inheritance, etc.
Do I need to change the certificate for an extract from the Unified State Register of Legal Entities?
There is no need. Paper certificates of ownership issued before July 15, 2016 are still valid. Any structures, in order to confirm ownership of real estate, are required to accept certificates of ownership in the same way as an extract from the Unified State Register.
How to get an extract from the USRR?
You can order and receive an extract from the USRR both for your own and for any other apartment in order to find out who is the owner, whether there are any legal disputes over the apartment, whether there are any arrests or pledges.
How much does an extract from the USRR cost?
The cost of an extract from the USRR for individuals is from 150 rubles for an electronic document and from 200 rubles for a paper statement. For legal entities - 300 and 600, respectively. All prices are published in detail on the Rosreestr website. At the bottom of this page, in addition to the price list, there are requisites and a sample receipt. The region you need is indicated in the upper left corner of the page.
The term for issuing an extract from the Unified State Register of Legal Entities is up to 5 working days.
Instantly and free of charge, you can get reference public information on real estate objects online through a special service on the Rosreestr website.
To find information, you need a cadastral number or just an address.
In the results of issuance, the following will appear on the screen: the cadastral number of the object, area, address, the presence of registered rights, the date of information update, the date and number of registration of the right and the presence of restrictions. The name of the owner will not be shown.
How long is the extract from the Unified State Register of Legal Entities valid?
The usual paper certificate was valid without a time limit. An extract in this sense will also not deteriorate from time to time. Only the information in it may no longer correspond to the new records in the USRR. Therefore, the extract is required everywhere fresh. Ideally, all information from the register is relevant only as of the date of issue of the statement. And then - a new date and a new statement. Therefore, different banks, different authorities and other structures require extracts issued no later than a certain period. And it is important to meet this deadline.
Grounds: Federal Law dated 03.07.2016 No. 360 "On Amendments to Certain Legislative Acts of the Russian Federation", Federal Law dated 21.07.1997 No. 122-FZ (as amended on 03.07.2016) "On state registration of rights to real estate and deals with him. "
From July 15, 2016, Russia will stop issuing paper certificate of ownership for real estate. The only document confirming the ownership of a house or apartment will be an extract from Unified State Register of Rights (USRR)... At the same time, it will be possible to receive an extract both in paper and in electronic form by ordering it online on the Rosreestr website.
The document from the USRR will include all information about the object: cadastral data, full or shared ownership, the number of the mortgage agreement, possible encumbrances, etc., which were not indicated in the certificate. Old certificates will continue to be valid, and government agencies will still be obliged to accept them on a par with extracts from the USRR, but it will no longer be possible to issue new extracts.
What these innovations mean for ordinary citizens, Federal News Agency told a specialist in the field of civil law, general director of a legal bureau Rodion Yuriev.
According to the civil lawyer, the innovation in general will simplify the life of ordinary property owners and better protect their rights.
“If you own real estate objects, or you are going to purchase them, your life, thanks to this innovation, will become easier,” said the civil law specialist. - But the question is not even in simplicity, but in the fact that the rights of ordinary people will be more cleansed. Because at the moment, many still have the delusion that the certificate of ownership is evidence of something there. But in reality it is not so. This document has never testified that you have title to the property for which you received such a certificate. "
According to Rodion Yuryev, the government has long tried to get rid of this evidence, in particular, due to a sufficiently large number of frauds associated with them.
“A person can have at least ten certificates of ownership of any object, to which he has no ownership for a long time,” said the FAN interlocutor. - And all the calls from various bodies, in particular, the ruling of the plenum of the Supreme Court in 2010 that, they say, take extracts from the USRR, did not help. Well, now the government has finally announced that we will no longer have evidence. "
According to Yuryev, this is a worldwide practice: in most countries of the world where real estate registers are kept, there is no evidence for a long time. And for us, this innovation is all the more relevant, since fraud with evidence is still a very common practice.
“There have always been a lot of frauds with evidence,” said the lawyer. - People are deceived not only when selling real estate. From a criminal-legal point of view, it must be borne in mind that when it comes to a sale, it is more difficult to cheat there, because you need to present an agreement for a large amount to Rosreestr. And in cases where, for example, we are talking about renting an apartment, it is easier to cheat: a person shows a certificate of ownership of the rented apartment, but in fact he is not the owner at all, and this cannot always be quickly verified. A similar case: fraud in obtaining loans, of course not mortgage loans - everything is thoroughly checked there - but ordinary, consumer loans, when you just need to confirm the good faith of the borrower with a witness. "
According to the expert, with an extract from the Unified State Register of Legal Entities, there will be an order of magnitude less such stories, and the whole question will be only in how old the extract will suit either another institution that will require a document on the ownership of a citizen of real estate.
"Well, if we are talking about the purchase and sale of real estate, then the decision of the plenum of the Supreme Court directly says that the buyer will only be considered good faith when he orders an extract from the USRR in his name," Yuryev recalled.
According to the interlocutor of FAN, this service is paid now and will be paid later, but at the same time there are two advantages for citizens. Firstly, the law does not prescribe the validity period of the extract, although, of course, for various purposes, a rule will be established that this extract should not be older than a certain period. “Secondly, it should be recalled that a reform has recently passed, connected, in particular, with a decrease in the number of documents that various state bodies have the right to demand from citizens. And this, in particular, concerns information about state registration of property rights - government agencies no longer have the right to request these extracts from citizens, but must receive them themselves within the framework of interdepartmental document flow. "
According to the lawyer, if you want to register someone in your apartment and come with this request to the passport office of the housing office, then, most likely, they will require an extract from the USRR, since housing services are not a state body, these are commercial organizations. “But if you come with such a request directly to the FMS, then there they no longer have the right to demand this extract from you, but must request it themselves,” the expert noted.
According to the interlocutor of FAN, this innovation will seriously simplify real estate transactions.
“I think that nothing has prevented realtors from preparing for this over the past few years. Because, I emphasize once again, the resolution of the plenum of the Supreme Court No. 10/22 says that the purchaser becomes a bona fide purchaser only when he has an extract in his name from the Unified State Register of Registry for the apartment or other real estate he bought. If some agents were lazy to order these extracts, which I constantly encounter, then this is already a problem of the honesty of these agents and the conscientiousness of their performance of their duties to customers. Any normal agent, knowing about this decree, is obliged to ensure the interests of his client and order on his behalf an extract for the purchased object, "- said Rodion Yuryev, stressing that from now on everyone will have to work according to the same rules.
Since January 1, 2017, after the merger of the Unified State Register of Rights to Real Estate and Transactions with It (USRR) with the State Real Estate Cadastre (GKN) into a single information resource, all information on rights to real estate registered after January 31, 1998, and all cadastral information is stored in the Unified State Register of Real Estate (USRN).
Such information is confirmed only by an extract from the USRN. You can get it anywhere in Russia in relation to any real estate object located on the territory of the country. Certificates of ownership of real estate and cadastral passports, which were previously issued on paper, were canceled. Instead of them, now you need to receive an extract from the USRN about the main characteristics of the property and the rights registered to it.
Information on the rights to housing facilities registered before January 31, 1998 is stored in the registers of the executive authorities of those settlements in which the real estate objects are located. In Moscow, this is the City Property Department (DGI).
2. What information is stored in the USRN?
From the USRN you can get Available upon request of any person.
"> publicly available information about the rights to real estate and their rightholders in the Russian Federation in the form of:- This is a document that contains information such as cadastral number, address, area, cadastral value, degree of readiness (for construction in progress), purpose, type of permitted use (for land), year of commissioning of facilities, location description, location plan premises on the floor (for premises in apartment buildings), type of ownership, and many other information. "> extracts from the USRN about the real estate object;
- This is a document that contains information such as cadastral number, address, area, cadastral value, degree of readiness (for construction in progress), purpose, type of permitted use (for land), year of commissioning of facilities, location description, location plan premises on the floor (for premises in apartment buildings), the form of ownership and many other information, as well as information about the rights registered to the real estate object (type, number and date of state registration of rights, documents - grounds for registration of rights, information about the limitation of rights and encumbrances property, as well as data on the copyright holders (who, in what shares and on what basis owns the property). "> extracts from the USRN on the main characteristics of the property and the rights registered to it;
- cadastral This is a plan of a cadastral quarter or other territory within the cadastral quarter, which is drawn up on a cartographic basis and on which information about this territory is presented in graphic and text form. In fact, the graphic and some textual part of the cadastral plan of the territory is duplicated by the public cadastral map. But the main data of the CBT - coordinates - is not in it. "> Plan territory (CBT);
- This is a document containing a graphic plan of territories, information about them (on the existing restrictions on the use of real estate, types of permitted use of land plots) and details of documents on the creation or change of these zones. "> Extracts on a zone with special conditions for the use of territories, a territorial zone, a territory of an object of cultural heritage, a territory of advanced socio-economic development, a zone of territorial development in the Russian Federation, a gambling zone, a forestry, a forest park, a specially protected natural area, a special economic zone, a hunting ground, a coastal lines (boundary of a water body), a land survey project;
- This is a document that contains a graphic image of the border between the subjects of the Russian Federation or the border of a municipality and the border of a settlement and the details of legal acts on the approval or change of the border. "> Extracts on the border between the constituent entities of the Russian Federation, the border of the municipality and the border of the settlement;
- This is a document that contains information about the cadastral value of the object, the date of the cadastral valuation, and so on. "> Extracts from the USRN on the cadastral value of the property;
- extracts from the USRN on registered contracts for participation in shared construction.
Information is also provided They are provided only at the request of copyright holders, heirs in relation to inherited property, mortgagees in relation to real estate objects that are pledged by them or the rights to which are pledged to them, as well as their representatives by power of attorney. The pledgee, when providing information regarding immovable property that is pledged by him or the rights to which have been pledged to him, full data on the copyright holder of the relevant immovable property shall be provided if his right of pledge is registered in accordance with the established procedure in the USRN.
"> restricted access in the form:- This is a document containing information about all the real estate objects belonging to the copyright holder, the type of right to them, share in the right, restrictions on rights in relation to these objects and encumbrances of this real estate. "> Extracts from the USRN on the rights of an individual to his existing (existing) real estate objects;
- This is a document containing information about who and when owned the property, on what grounds and in what shares. "> Extracts from the USRN on the transfer of rights to the real estate object;
- A document containing information on the recognition of the rightholder as incompetent (partially capable): the name of the court that issued the decision and the number of the court decision. "> Extracts from the USRN on the recognition of the copyright holder as incapacitated or partially incapacitated;
- extracts from the USRN on the content of title documents;
- You can get:
- a copy of the application for state cadastral registration and (or) state registration of rights;
- a copy of the boundary plan;
- a copy of the technical plan;
- a copy of the survey certificate confirming the termination of the existence of the real estate object;
- a copy of the permission to put the facility into operation;
- a copy of a document confirming, in accordance with federal law, the belonging of a land plot to a certain category of land;
- a copy of a document confirming, in accordance with federal law, the permitted use of a land plot, building, structure, premises;
- a copy of the document containing information about the address of the property;
- a copy of the document containing information about the cadastral value of the property;
- a copy of the document confirming the resolution of the land dispute on the coordination of the location of the boundaries of the land plot in the manner prescribed by law;
- a copy of another document on the basis of which information about the real estate object was entered into the Unified State Register of Real Estate, another document placed in the registry file;
- a copy of an agreement or other document expressing the content of a unilateral transaction made in a simple written form, another document of title;
- a copy of the document on the basis of which information about the zone, territory or borders was entered into the Unified State Register of Real Estate.
In addition, you can view the public cadastral map.
3. May I know who was interested in my property?
Yes, you, as the copyright holder, can receive a certificate containing information about everyone who requested information about your property. Also, such information can be received by the heir by will or by law, if he has a request from a notary in relation to the property inherited by him and the pledgee in relation to the property being pledged.
Information about those who requested information in relation to real estate objects are recorded in the Register from the moment of its creation, that is, from February 1, 1998 to the present.
A certificate of persons who have received information about a real estate object is issued in the same manner as any other information on the USRN of limited access.
4. How do I get information?
Both to obtain publicly available information from the USRN, and to obtain information of limited access, you will need:
- Select the request form you need:
- a request form for providing information about real estate objects and (or) their rightholders;
- a request form for providing information in the form of a copy of a document;
- a request form for the provision of information about the territory of the cadastral quarter, about the zone with special conditions for the use of territories, the territorial zone, the territory of the cultural heritage object, the territory of advanced socio-economic development, the zone of territorial development in the Russian Federation, about the gambling zone, about the forestry, forest park, about a specially protected natural area, a special economic zone, a hunting ground, on the administrative-territorial division, on the coastline (boundary of a water body), a project for land surveying.
In the case of sending by post, the signature on the application is certified by a notary.
"> application;To obtain information of limited access, in some cases, additional documents may be required: if the application will be submitted When applying for an heir or his legal representative, it is additionally required:
- original document (for example, letter, certificate) issued by a notary and confirming the right to inherit property by will or by law.
- a copy of the agreement (another document of title), on the basis of which the right of the pledger was registered and the mortgage arose;
- a copy of the document that is the basis for state registration of the legal owner of the mortgage bond.
- a document proving his identity;
- notarized power of attorney.
- documents confirming the powers of legal representatives (birth certificate of a child, certificate of a guardian (trustee), and so on).
An extract from the USRN can be obtained in two forms:
- on paper;
- in the form of an electronic document certified by a qualified electronic signature.
In the first case, the document can be received in person or by mail, in the second - in the form of a link to an electronic document. The method and form of receipt are indicated in the application.
There are several ways to submit a request for information (regardless of where the property is located):
- in person at any public service center *;
- by post to the Rosreestr office.
If you need a document containing USRN information on paper, but you do not have time to receive it in person or wait for it to arrive by mail, you can use the Rosreestr field service. For veterans of the Great Patriotic War, invalids of the Great Patriotic War, invalids of groups I and II (upon presentation of supporting documents), the service is provided free of charge.
In the centers "My Documents" information from the USRN on paper is provided only if the request is submitted in person.
5. Is it possible to get an extract from the USRN online?
Yes, you can get some USRN statements online, on the Rosreestr website. It:
- an extract from the USRN on the main characteristics and registered rights to the real estate object;
- extract from the USRN;
- an extract from the USRN on the rights of an individual to his existing (existing) real estate objects;
- an extract from the USRN on the transfer of rights to the real estate object;
- an extract from the USRN on the content of title documents;
You can also get some USRN information in your personal account on the Rosreestr website. It:
- an extract from the USRN on the main characteristics and registered rights to the real estate object;
- an extract from the USRN on the transfer of rights to the real estate object;
- an extract from the USRN on the rights of an individual to his existing (existing) real estate objects;
- an extract about a zone with special conditions for the use of territories, a territorial zone, a territory of a cultural heritage site, a territory of advanced socio-economic development, a territorial development zone in the Russian Federation, a gambling zone, a forestry, a forest park, a specially protected natural area, a special economic zone, a hunting ground, the coastline (border of the water body), the project of land surveying.
If you request an extract from the USRN online, you will be sent a link and an access key by e-mail. Follow the link and fill in the required fields. As a result, an archive with two files (statement and electronic signature) will be downloaded.
To open the files on your device, use the Rosreestr service, which allows you to generate a printed presentation of the statement received in electronic form and check the correctness of the electronic signature with which it is signed.
6. How much is it?
All information from the USRN, with the exception of an extract from the USRN on the cadastral value of the property, is provided on a paid basis.
The amount of the fee for providing information depends on the form in which you want to receive it - on paper or in the form of an electronic document. You can get acquainted with the specific amounts, as well as download the receipt forms on the Rosreestr website.
Please note that payment details differ depending on how and where you will submit your request - in person to the My Documents center, by mail to the Rosreestr office or online. Payment of the state duty is carried out only after submitting a request and receiving a payment document with a UIN (unique accrual identifier).
7. How long does it take to prepare an extract from the USRN and how long is it valid?
The information in the USRN must be provided within no more than three working days from the date of receipt of the request. If you submitted a request to the "My Documents" center and plan to receive information there, then the whole procedure will take 5 days. The actual data are considered at the time of their issuance by the department of Rosreestr or the center of public services "My Documents".
The date of submission of information in the form of a paper document in case of personal contact is the date of signing of such a document, indicated as its requisite, in the form of an electronic document - the date of sending by the registration authority of an electronic document or a link to such a document. If the document is sent by mail, the date of the provision of information is the day when the document was handed over to the postal organization.
8. Is it possible to view all USRN information online?
The Rosreestr website has an electronic service that allows you to access the Federal State Information System for maintaining the Unified State Register of Real Estate (FGIS USRN). It was launched as a continuation of the development of contactless technologies for obtaining state services of Rosreestr and allows:
- view the information of the FGIS USRN in relation to no more than 100/1000/10 000/100 000/500 000 (depending on the tariff) of real estate objects and (or) copyright holders of real estate objects;
- generate an electronic document containing information on the USRN, certified by a strengthened qualified electronic signature of the registration authority for no more than 100/1000/10 000/100 000/500 000 (depending on the tariff) of real estate objects and (or) copyright holders of real estate objects;
- send notifications about changes in the basic and additional information about real estate objects contained in the USRN, information about rights to them, restrictions on rights and encumbrances of real estate objects (notifications can be received in relation to no more than 100/1000/10 000/100 000/500 000 (depending on from the tariff) of real estate objects and (or) rightholders of real estate objects).
In order to use the service, it is necessary to obtain an access key in the personal account of the copyright holder, with which you can use the “Request through access to the USRN FGIS” service.
To register in the personal account of the copyright holder, you must have a confirmed account on the portal of state services of the Russian Federation. The request must be signed with a strengthened one. You can get acquainted with the tariffs on the Rosreestr website.
Gaining access to the FGIS USRN significantly speeds up the process of obtaining electronic documents containing USRN information, and also helps to reduce the cost of providing information in relation to one property (copyright holder), if you need to receive information in bulk.
On January 1, 2017, Federal Law 281 entered into force in Russia, which combined the Unified State Register of Rights (Unified State Register of Rights) and the State Property Committee (State Real Estate Cadastre). And then the fun began.
When they stopped issuing a certificate of ownership
Until that moment, people had such documents as:
- Cadastral passport;
- Cadastral extract;
- Certificate of ownership (for an apartment, land plot, building, any other property);
And before, people in their hands felt an important state piece of paper. She is beautiful, with a blue seal, on a special numbered form with protection.
All the fun began to happen in 2016.
Then, from June-July 2016, instead of a certificate of ownership on a color form, they began to issue an extract from the USRN on an ordinary standard A4 sheet. It looks like a normal blue printout on a printer.
And people even then began to ask the question: "Why on a simple standard sheet, on some kind of colored company letterhead with a seal?"
All these documents: cadastral passport, cadastral extract, certificate of ownership - all of this is combined into one document, which is called "extract from the USRN". And not only have they combined, it also looks just like a few ordinary leaves.
If you order through the MFC, then this document is issued with a blue seal. If - then you get a file in xml format. People of the older generation naturally began to ask questions: “What is this document? Where are the stamps? Where are the letterheads? "
Legal force of an extract from the USRN in electronic or paper form
An extract from the USRN - in any form (even in electronic, even in print) has the same force as an ordinary certificate of registration of property rights.
This statement includes data such as:
- description of the property (its characteristics, area, length, and so on and so on);
- cadastral engineer who carried out cadastral work;
- graphic part - the border of the land plot itself, also the X Y coordinates;
- information about registered rights.
Thus, no need to be afraid that the statement has such a simple format, the fact that it comes in electronic form in xml or pdf format. Because the xml document is signed with the electronic signature of Rosreestr. And this digital signature is exactly the same signature as an ordinary signature and seal.
Moreover, such a document can be submitted to various organizations in electronic form.
Now you can spend a few minutes. And she will come to your email in just a few hours. This significantly speeds up the procedure for obtaining and processing documents. And in some cases it makes it cheaper.
Because if earlier we had to go to the MFC or the Cadastral Chamber or the Regalat, now, due to the release of Federal Law No. 218, many real estate objects can be processed by receiving and transferring documents through the Rosreestr portal. The final document is exactly the extract from the USRN, which is sent to e-mail and we receive it in xml format with an electronic signature of Rosreestr.
Please note that the extract from the USRN is considered valid on the day it was received.
To order an extract - fill out the form below.