The buyer of real estate under an equity participation agreement, in fact, is only given the right to purchase property in the future, since the residential premises themselves are under construction.
And even after paying in full, receiving the keys to the apartment in the finished building and moving into it, he does not yet become the full owner of the purchased property. This will happen only after state registration of ownership rights to the apartment and receipt of the relevant document. This procedure is preceded by the need for the developer to fulfill certain conditions and prepare a package of relevant documents. Registration of property rights is carried out on the basis of the rules and regulations regulated by the following legal acts: · Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”; · partially by the Civil and Housing Codes of the Russian Federation; · Federal Law No. 214-FZ of December 30, 2004 “On participation in shared-equity construction of apartment buildings and other real estate.”
Conditions for registering ownership of an apartment under a shared participation agreement
After completion of construction work, the developer company must perform a number of actions to ensure that buyers are able to register their rights to apartments purchased under an equity participation agreement: · drawing up a protocol on the distribution of residential premises and commercial space (if the building has shops, offices or other non-residential premises); · registration and receipt from the BTI of a technical passport for the constructed building, which indicates the number of floors and layout of the house, its total footage and the footage of each individual apartment and other premises; · signing an act of acceptance and transfer of the property and obtaining permission to put it into operation, issued by the relevant authority; · registration of a residential building with Rosreestr; · assigning him a postal address.
Features of registering ownership of an apartment in a new building
In relations with the developer at the stage of shareholders taking ownership rights, two scenarios are possible: · the construction company assists buyers in collecting the necessary documents to register their ownership rights to housing purchased from it under equity participation agreements; · it interferes with them or is inactive in the decision this issue. In the first case, registration of property is carried out in accordance with the general procedure, in the second - through the court. After putting a residential building into operation, the developer transfers the apartments to shareholders. This happens in the presence of both parties to the contract by inspecting the residential premises, checking the operation of all communications, signing the acceptance certificate and handing over the keys to the apartment to the owner, who must subsequently receive a cadastral passport for it with a plan diagram. Since January 2013, the cadastral registration of an apartment building by the developer is carried out simultaneously with each room in it. In this regard, shareholders themselves no longer need to order a cadastral passport when registering property rights. But, often, the developer, for various reasons or for no reason, delays the registration of a cadastral passport for the finished object. In this case, apartment owners who are interested in registering their property rights as quickly as possible are forced to first order technical plans for residential premises from the BTI, and then, together with applications, transfer deeds and share participation agreements, contact Rosreestr to register apartments on registration and issuance of cadastral passports. If the housing was purchased on credit, then it is necessary to prepare a mortgage document or a loan agreement, and if it was purchased for a minor, then obtain permission from the guardianship and trusteeship authority.
Documents for registering ownership of an apartment according to DDU
According to paragraph 11 of Art. 48 Federal Law dated July 13, 2015 No. 218-FZ, to register ownership of an apartment acquired under a shared participation agreement, the following documents are required: · passport of a citizen participating in shared construction; · agreement of shared participation in the construction of a residential building; · an apartment acceptance certificate or other document confirming its transfer to the participant; · permission to put into operation the apartment building in which the apartment is located; · receipt confirming payment of the state duty. In private cases, the following may be required: · a birth certificate if housing is registered for a minor child; · a mortgage on an apartment or a loan agreement (if housing is purchased on credit); · power of attorney to represent the interests of the shareholder, certified by a notary; · notarized consent of the spouse to conclude a share participation agreement by the other.
The act of acceptance and transfer. What you need to know when signing
Until the shareholder has signed the acceptance certificate, he will not be given the keys to the apartment. It will not be possible to begin the repair or registration process.
Important! Check the quality of the property before signing documents. Subsequently, it will be necessary to prove that the housing is not suitable for use through the courts.
It is better to come to inspect the apartment during the day. Don't have your own experience in this matter? It wouldn't hurt to have the support of a professional builder. Ideally, the area is re-measured. Do not forget that the amount of property tax will depend on this parameter in the future.
Doors and window units, the strength of partitions, and their compliance with the plan are checked. If the contract provides for finishing, rough or final repairs, upon acceptance the quality of wallpapering or laminate installation is examined.
If the deficiencies are significant, the act cannot be signed. Problems that are not considered critical are indicated in a separate protocol appendix to the act. Otherwise, in the future it will not be possible to prove that there were deficiencies at all. The protocol is an argument in legal disputes with the developer.
The transfer acceptance certificate is drawn up in 3 (three) identical copies. One remains with the developer, one with the buyer. The third is for the registration chamber.
Important! The act should indicate not an abstract, but a specific apartment (address, area, floor, etc.).
Additional details of the act - information on how payment will be made if the money is not paid in full. If the calculations are completed, a corresponding mark is made.
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If the buyer, for various reasons, avoids inspecting the apartment and signing the acceptance certificate for 2 months or more, the developer has the right to draw up the document independently. The act will be considered signed. The developer may not consider claims submitted later.
Instruction for the borrower on registering housing in a new building purchased with a mortgage.pdf
The procedure for registering ownership of an apartment under a shared participation agreement
Ownership of housing acquired under a shared participation agreement can be registered in two ways: 1. entrust registration to the development company; 2. handle the registration personally. In the first case, this service is paid; you will also need to pay at the notary’s office for the execution of a power of attorney in the name of the construction company’s lawyer. It is quite possible that the registration procedure will take much longer than if you contact the registration service yourself. If the shareholder decides to engage in state registration of property rights on his own, then for this he needs to contact directly the Rosreestr or the MFC (multifunctional center). The registration procedures are identical. Documents are accepted in the presence of all apartment owners and a representative of the construction company - the developer. First, the registrar fills out an application for registration, which includes data identifying all owners of the property, the address of its location and technical characteristics, as well as a list of documents submitted for registration of property rights. After which the application is signed by the applicant or applicants, if there are several of them. A separate application is also filled out by the seller of the property, in this case, the developer’s representative. When accepting documents for registration of property rights, the registrar issues a receipt of their acceptance, which indicates the date of registration of the corresponding right. At the appointed time or at any other time after this date, the homeowners are returned their copy of the share participation agreement with the registration inscription and the apartment acceptance certificate. From this moment on, the former shareholders become the full owners of the acquired property with the right to dispose of it and perform any non-illegal actions.
Available methods for registering real estate in the Unified State Register of Real Estate
What to do after accepting an apartment in a new building? Register ownership of real estate. Available methods:
- directly through Companies House;
- At the MFC. If a particular city provides electronic registration, you can book a specific time. MFC employees do not check the correctness of filling out documents, the presence/absence of encumbrances and other possible reasons for refusal of registration. Their task is to accept documents and transfer them to the Chamber. Accordingly, the total review period is increased by 4 working days;
- Via Russian Post with a description of the attachment. The post office employee checks the documents and seals the letter. Taking into account the timing of delivery across the country, the process of receiving a response may take several months;
- Through the intermediary of banks. In particular, Sberbank has provided a special service for sending documents for registration in electronic format. Read more in the article - Pros and cons of electronic registration of a transaction in Sberbank
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There are 5-9 days to check and carry out the procedure. If deficiencies are identified, the documents are returned to the applicant indicating the reason for the refusal.
Important! Documents for the same reason cannot be returned for correction twice.
Deadline for registering ownership of an apartment under a shared participation agreement
The legislation establishes a 7-day period (clause 1 of Article 16 of Federal Law No. 218), during which employees of the registration service are required to register ownership of any real estate, including an apartment acquired under an equity participation agreement. Within the specified period, the following actions are carried out in general order: · acceptance of an application for state registration of rights; · legal examination of submitted documents, · verification of their authenticity, the legality of this transaction, · identification or exclusion of circumstances that impede the registration of ownership rights to a given property; · entering the necessary information into the Unified State Register of Real Estate (USRN); · issuance of documents with a registration inscription on an agreement or other title deed (in the future, if necessary, the owner can receive an extract from the Unified State Register of Real Estate for his property, which is issued when applying to Rosreestr or the MFC from the beginning of 2021). It is important to know that the period is calculated in working days and is counted from the day the documents are submitted for registration. Often this deadline is not met, and this may be due to the verification of the documents provided, or depend on the number of owners of the purchased property, the availability of a mortgage loan and other factors. In this case, in order to comply with the legality and validity of such violations of the deadline in paragraph 2 of Art. 26 Federal Law dated July 13, 2015 No. 218-FZ provides for a 3-month period for suspending the registration of rights to eliminate the reasons.
During a notarial transaction
From July 31, 2021, major changes have been made to the legislation on state registration of real estate (). They concern the involvement of a notary in a transaction and the need for him to certify contracts for the sale and purchase of common shared property. Previously, mortgage borrowers buying real estate had to contact notaries and pay a lot of money for their services. The cost of the transaction could exceed 10-15 thousand rubles, depending on the cadastral price of the apartment.
According to the innovations, notarization of a mortgage transaction will not be required when all shareholders simultaneously enter into a mortgage agreement. An important condition is the presence of one document. If the encumbrance is imposed by a large number of contracts, the participation of a notary is required as before.
The requirement of notarization also remains mandatory if among the sellers of the apartment there are minors or people with limited legal capacity. Although in practice, not every bank will take such a risk. It is dangerous to issue a mortgage for a transaction that may subsequently be challenged in court, even with notarial participation.
Algorithm for registering ownership of an apartment with a mortgage through a notary:
- Go to the notary's office in advance for a consultation with all available documents. The specialist will check the package of papers and tell you what else is needed to complete the transaction.
- Agree on the procedure for signing documents with the bank and the seller. Make an appointment with a notary for a specific time after signing the loan agreement.
- Go to the notary's office with the seller of the property and all other parties to the transaction. Sign the contract.
- After this, the notary will send the papers for registration through his own data transmission channel. Or you can go to Rosreestr, MFC and submit them yourself.
- Pay the cost of notary services.
- Receive a ready-made USRN extract indicating the encumbrance in favor of the bank (the procedure and terms for provision are regulated).
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Please note that you have the right to draw up a purchase and sale agreement yourself or with the help of a lawyer. By law, a notary cannot refuse to register such a document, but in reality many still do not notarize them. They argue that the contract was drawn up in violation of legal norms. In this case, you should file a complaint with higher authorities or simply change the notary.
State duty when registering ownership of an apartment under a shared participation agreement
The basic rule that every applicant needs to know when applying to the registration service is that the state fee is paid before submitting an application for registration of ownership of an apartment, otherwise the registrar will not accept the application with the remaining documents. Only if the application is submitted electronically, the fee is paid after its submission, but before the documents are accepted for consideration. The state duty is charged in accordance with the Tax Code of the Russian Federation. Its size is determined by Art. 333.33 of the Tax Code of the Russian Federation and for registering ownership of an apartment acquired by an individual under an agreement for participation in shared construction of a residential building is 2,000 rubles. If there are several future owners, then the fee is divided between them in proportion to their share in the ownership of the apartment.
