Registration of ownership of an apartment in a new building: terms, documents

Transactions for the acquisition of real estate in new buildings are the safest today. However, after the conclusion of the contract and the payment of the fee, the buyer is not yet considered the full owner. Why? Turns out it needs a new build. What subtleties are important to know? Read more about this.

Where to begin?

The buyer can fully dispose of an apartment in a new building only if a certificate of ownership is issued. However, before issuing this document, the construction company must carry out a number of activities.

Prior to the transfer of a new building into operation, a protocol for the distribution of residential and non-residential (commercial) real estate must be drawn up. It is also necessary to draw up technical passports for all premises. If we are talking about transactions in the secondary market, the seller of the apartment is responsible for preparing the documentation. When it comes to new housing, the responsibility lies entirely with the developer.

Upon receipt, the construction company submits documents to the local architectural and construction department, where certificates of transfer are issued to it. Permission can only be obtained from the administration of the locality. The final stage is the registration of houses in the state register and the assignment of an address.

Order of procedure

Registration of ownership of an apartment in a new building can be divided into 7 stages:

1. The buyer specifies which branch of the registration chamber to contact.
2. Preparation and collection of documents (you can also get advice from an employee of the regional chamber regarding the list of papers and the timing of their submission).
3. Payment of state duty.
4. Placement in the queue of the registration authority for submission of documents.
5. Submission of documents to the registration service on the appointed day.
6. If a notification about the suspension of registration of the right comes by mail, you need to carefully study it, and then prepare and bring additional documents to the branch of the service.
7. The final step is obtaining a certificate.

Required documents

Documents must be submitted to the state registration service in order to pass the registration of ownership of an apartment in a new building. The following documents will be required:

• contract for the purchase of an apartment,
• general passport and its notarized copy,
• application on the prescribed form,
• transfer deed for housing,
• apartment plan,
• explication,
• receipt of
• permission from the guardianship authorities, if the co-owners are minors,
• a notarized power of attorney (if the buyer's representative is involved in the transaction).

All documentation is provided to the service in two copies. Handwriting must be clear and legible. Abbreviations, blots, corrections, erasures are not allowed. Entries must be done in pen.

The package of documents must be stitched, each page must contain its number and the seal of the organization.

What is required from the builder

Real estate in new buildings is considered the most affordable for Russians than secondary housing. Therefore, registration of ownership of an apartment in a new building is one of the pressing issues. The legal purity and speed of this process depends on the quality of preparation of the documentation necessary for registration of the right.

Companies House requests the following papers:

• acceptance certificate for the apartment,
• copies of documents on the commissioning of a new house and the results of the state commission,
• investment agreement and acts confirming its execution.

How to apply

Both the developer and the buyer himself can apply for registration of ownership of an apartment in a new building. It is not so difficult to do it yourself. There are several ways to submit documents:

• personally apply to Rosreestr (you must have a passport);
• by mail (certification of the signature and a copy of all pages of the applicant's civil passport is required),
• in multifunctional centers (passport of the applicant is required),
• by e-mail (a qualified digital signature of the applicant must be present on each document).

After the package of documents is received by the service, the applicant will receive a corresponding notification and receipt.

Obtaining a certificate

Registration of ownership of an apartment in a new building at the final stage involves obtaining an appropriate certificate. It is issued as a result of a successful procedure. Upon receipt, you must carefully check the document for errors and omissions. The surname and initials of the owner, as well as the inventory of the immovable object, require special attention. If inconsistencies and errors are identified, the certificate must be returned to the state registration service for amendments.

Registration of ownership of an apartment in a new building (documents): mortgage

Often the purchase of an apartment is carried out in a mortgage. Registration of ownership of an apartment in a new building on a mortgage is carried out according to the standard scheme. The package of documents is no different from the right required for ordinary registration. However, the encumbrance that is imposed on the immovable property is also taken into account. Until the mortgage is repaid in full, the owner is not a full-fledged owner of the apartment. Real estate transactions are possible only after obtaining consent from the bank that issued the loan. Restrictions apply to the sale of housing, as well as its rental.

Reasons for rejection

Quite often, applicants receive refusals from the registration service in registration of ownership. The reasons may be:

• submission of an incomplete package of documents,
• design violations,
• restrictions related to the inability to dispose of real estate,
• falsification of papers.

If a denial decision has been made, the service sends a notice to the applicant as soon as possible. This document must indicate the reason for the refusal. If all identified deficiencies are eliminated, re-submission of documents is possible. It is also possible to register ownership of an apartment in a new building through the court, when the applicant does not agree with the reason for the refusal.

Possible difficulties

To become a full-fledged owner of an apartment in a new house, the buyer must wait for the completion of the construction process, as well as the execution of all documents for registration of property rights. However, in practice, conscientious buyers often face situations where property rights are not formalized for a long time in the built ones. Until the certificate is received, the buyer cannot donate, resell the apartment and register in it. Registration solves many problems related to employment, medical care, registering children for school, registering vehicles, and applying to various municipal and state services. Unregistered housing cannot be used as collateral for a loan.

Another serious problem associated with the lack of registration is the reduction in the period of ownership of property. According to Russian tax legislation, when selling real estate, the seller is exempt from paying income tax if the property has been owned for more than 3 years. This period is considered from the moment of obtaining the right of ownership.

There may also be additional costs associated with the payment of a mortgage. Typically, credit organizations increase the mortgage rate for housing under construction by 1-2% compared to finished housing. The increase in the rate compensates banks for the risks associated with the sale of housing under construction, if the borrower is unable to repay the debt. As a rule, after the delivery of a residential building, banks reduce the initial mortgage rate. Thus, you can reduce the amount of the overpayment. Until the ownership of housing is registered, the owner cannot issue benefits for paying utility bills.

Timing

The registration of ownership of an apartment in a new building deserves special attention from the registration authorities. The terms for consideration of the application are at least 1 calendar month. During this time, the service specialists conduct a thorough check of all pages of documents. Apartments in a new building also require the study of papers relating to the fact of building a house according to the DDU, the distribution of apartments between potential owners. At the end of this period, an appropriate entry is made in the state register.

A rather complicated process is the registration of ownership of an apartment in a new building. The terms of consideration of the documentation may exceed 1 month. The reason for this may be various conflict situations between the construction company and conscientious buyers. It often happens that the local administration and the construction company deliberately delay the process of transferring housing to the buyer in legal possession. In such cases, the buyer may apply to the court.

Evasion of right registration

Transactions relating to the conduct of various real estate transactions are subject to mandatory entry in the unified state register. Nevertheless, many developers believe that the purchase agreement is, however, they are in no hurry to draw up an appropriate certificate. Such developers, after receiving the money, evade filing an application with Rosreestr. Therefore, the buyer does not have the opportunity to issue housing in the property in accordance with the generally accepted procedure. If the construction company evades filing an application with the registry office, the ownership can be registered in court.

Registration of ownership of an apartment in a new building: documents in court

If a conscientious buyer understands that the developer or the local administration is not coping with their duties or doing it out of time, he can go to court. The law is on the buyer's side in this case.

It is necessary to file a claim in order to start registration of ownership of an apartment in a new building. The following documents are required by the court:

• an agreement confirming the purchase of an apartment in a house under construction,
• acceptance certificate or temporary warrant,
• receipts and checks confirming the fact of payment under the contract,
• documents confirming the operation of housing,
• loan agreement, if the property was purchased on a mortgage,
• a copy of the buyer's passport.

Based on this package of documents, the court recognizes the ownership of the buyer, regardless of the developer's position on this matter. Claims can be both collective and individual.

Thus, the most important moment in the acquisition of real estate is the registration of ownership of an apartment in a new building. Documents, terms of consideration of the application are determined by the legislation. In some cases, the registration process may also take place in court.