Where and how to obtain a certificate of ownership of an apartment?
Content
In addition to improving living conditions, purchasing real estate is one of the best ways to invest money. Following the acquisition of a residential property, it is necessary to obtain a certificate of ownership of the apartment, which will certify the owner’s right to the legal use and disposal of the property.
Formally, since July 2016, the issuance of this document is no longer carried out, since instead of a new certificate, property owners receive an extract from the Unified State Register of Real Estate. However, in terms of their legal status for determining rights to a residential property, these documents are equivalent.
Previously issued title documents have not lost their validity, and their replacement with an extract from the Unified State Register will be carried out when transferring rights to an apartment according to the general rules of registration actions.
Where can I get a certificate?
If an apartment is purchased on the primary or secondary market or rights to it are issued as a result of free privatization, the new owners need to legalize their rights.
For this purpose, a formalized registration procedure is provided, following which the following information will be entered into the real estate register (USRN):
- technical parameters and other individual data of the object;
- information about the owner of the apartment;
- information about the type of right that arose as a result of the execution of documents;
- unique cadastral number of the apartment.
All this information will allow you to record the scope of rights, and the main data will be presented in an extract from the Unified State Register, which the new owner will receive upon registration of the object.
Where can I obtain a certificate of ownership of an apartment if the property is purchased from a developer and the rights have not been previously registered?
In what order can you obtain a certificate of ownership of an apartment if you are purchasing housing from the previous owners?
Currently, the legislation provides for three options for processing documents for real estate:
- through the territorial body of Rosreestr;
- through a unified system of Multifunctional Centers (MFC);
- at an on-site reception of Rosreestr employees in cases provided for by law.
To obtain a certificate of ownership of real estate, it is necessary to properly confirm the existence or occurrence of rights to this object. Such confirmation occurs as a result of a legal examination, which Rosreestr officials conduct after receiving documents for registration.
Submission of documents for registration and receipt of the final certificate is carried out at the authorities of Rosreestr or MFC at the location of the registered property. You can find out the addresses of the territorial divisions of Rosreestr, or the location of the MFC, on the official website of Rosreestr - https://rosreestr.ru/site/ .
How to obtain a certificate of ownership of an apartment?
How to obtain a certificate of ownership of an apartment if all documents related to the transaction have been verified by the parties, and each condition of the contract has been agreed upon by the counterparties? To do this, you need to take a legally significant action - submit an application for registration actions. This application is submitted by citizens participating in the registered transaction.
If documents are drawn up for an apartment in a newly built building, the procedure for registering the property takes place at the same time, after which the property is assigned a unique numeric code - a cadastral number. In this case, the application will simultaneously contain an instruction to conduct cadastral registration.
When ready documents are issued, the new owner receives an extract from the Unified State Register of Real Estate with this number, which will act as an identifying indicator of the object for the entire period of its existence.
If documents are processed through the MFC, you need to receive the certificate there. At the documentation submission stage, applicants are given a written receipt, which will record the date and place of receipt of the final document. No earlier than the time specified in the receipt, the new owner must apply for an extract from the Unified State Register of Real Estate.
Detailed information about the procedure for preparing documents for subsequent registration of the transfer of rights can be obtained by typing in the search bar a query using the key phrase “where to get a certificate of ownership of an apartment.”
The search result will be a list of local institutions authorized to process documents and issue the specified certificate.
What documents are needed?
Registration actions and issuance of a certificate are impossible without confirming the powers of the parties to own and dispose of the object. Such confirmation occurs by submitting the following documents for the apartment transaction:
- application in the prescribed form;
- documents identifying the parties to the transaction, as well as their powers, if registration takes place by proxy;
- title documents for housing (certificate, extract from the Unified State Register of Real Estate, cadastral passport);
- documents confirming the fact of the transaction and the transfer of rights to the new owner (agreement, transfer and acceptance certificate);
- technical passport for the apartment if a new property is being registered;
- an extract from the house register or an extract from the personal account for the apartment;
- a document confirming payment of the state fee for registering the transfer of rights.
The specified set of documents is presented at a personal reception at the territorial body of Rosreestr or the MFC. Acceptance is accompanied only by checking the completeness of the documentation; their legal examination will be carried out later, at the stage of registration actions.
If the applicant submits an exhaustive list of documents, the fact of acceptance is certified by issuing a receipt. If one or several required documents are missing, the applicant will be asked to complete the set and apply again.
At the stage of legal examination of the submitted documents, they are checked for compliance with current legislation. If significant violations are detected, registration actions will be refused.
If the violations are insignificant and can be eliminated by the applicant or the registration authority, a decision is made to suspend procedural actions until the deficiencies are eliminated.
Where can I get a certificate, as well as other documents for the ownership of the apartment, if the other party to the transaction does not express a desire to receive a formalized agreement and an extract from the Unified State Register of Real Estate?
Based on the results of registration, each party has the right to independently apply for ready-made documents; issuance will be carried out upon application. In this case, the mandatory presence of both parties is not required; this does not affect the legal status of the transfer of rights.
How to restore a certificate?
What to do if the homeowner has lost the title document? Does he need to go through the registration procedure again? Since during the registration process, information about the apartment is entered into the Unified State Register of Real Estate, confirmation of rights will not depend on the presence or absence of a title form.
However, situations arise when such documents need to be submitted in the form of an original or a copy to various authorities. In this case, you can obtain a duplicate certificate for the lost form. Receiving a duplicate means that the original certificate loses its validity, even if it is subsequently found by the owner.
To obtain a duplicate, you must contact the territorial office of Rosreestr with an application, indicating the reason for the loss of the original form. A state fee is paid for issuing a duplicate, and the presence of a duplicate will not affect the rights of the home owner in any way.
If the original form is on hand, but a copy of the certificate is required, it must be certified by a notary. The original certificate, as well as the passport of the owner of the object, must be submitted to the notary's office.
Making a copy of the form does not entail the loss of the legal force of the original, so a citizen can receive an unlimited number of certified copies.
If an extract from the Unified State Register is available, a duplicate copy can be obtained in electronic form through a specialized resource on the Rosreestr website.
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