State Accounting. State registration of rights to real estate and transactions with it. Stowing the existence of land
Article 69.2. Statement of public accounting of objects that have a negative environmental impact, actualization of accounting information on the object that has a negative impact on the environment, withdrawal from state accounting of objects that have a negative impact on the environment
1. Objects that have a negative impact on the environment are subject to state accounting by legal entities and individual entrepreneurs who carry out economic and (or) other activities in these facilities, in the Russian Federation authorized by the Government of the Russian Federation or the executive authority of the constituent entity of the Russian Federation In accordance with their competence.
2. State registration of objects that have a negative impact on the environment is carried out on the basis of an application for state accounting, which is submitted by legal entities or individual entrepreneurs no later than within six months from the date of the operation of the specified objects.
3. The form of an application for state registration containing information to the state register of objects that have a negative impact on the environment, including in the form of electronic documents signed by a strengthened qualified electronic signature, is approved by the authorized government of the Russian Federation by the federal executive authority.
4. The federal executive authority or executive authority of the constituent entity of the Russian Federation within ten days from the date of receipt of the application for state registration for ten days from the date of receipt of the State Accounting Application is obliged to carry out a statement of the object that has a negative impact on the environment, with the appropriation of code and The object category that has a negative impact on the environment and give a legal entity or an individual entrepreneur a certificate of registration of this object.
5. The procedure for the formation of codes of objects that have a negative impact on the environment and their assignment to the relevant objects is established by the authorized government of the Russian Federation by the federal executive authority.
6. Information on objects that have a negative impact on the environment are subject to actualization in connection with the submission of legal entities and individual entrepreneurs of information:
on the replacement of a legal entity or an individual entrepreneur carrying out economic and (or) other activities at the facility that has a negative impact on the environment, the reorganization of a legal entity in the form of transformation, about changing its name, addresses (locations), as well as the change in the name, name, patronymic (if available), place of residence of an individual entrepreneur, details of a document certifying his personality;
about changing the place of finding an object that has a negative impact on the environment;
about changing the characteristics of technological processes of main production, sources of environmental pollution;
the change in the characteristics of technical means for neutralizing emissions, discharge of pollutants, technologies of use, disposal and placement of production and consumption waste.
7. The information specified in the paragraphs of the second and third of paragraph 6 of this article is submitted by legal entities and individual entrepreneurs to the Federal Executive Commission authority or the executive authority of the constituent entity of the Russian Federation in accordance with their competence on time no later than thirty days Since the day of state registration of such changes.
about changing the owner (owner), carrying out economic and (or) other activities at an object that renders a negative impact on the environment;
on the reorganization of a legal entity carrying out economic and (or) other activities at an object that has a negative impact on the environment;
the change in the place of finding an object that has a negative impact on the environment.
9. Upon actualization of accounting information on the facility that has a negative impact on the environment, a legal entity or an individual entrepreneur, carrying out economic and (or) other activities on such an object, is issued a certificate of updating accounts.
10. Certificate of actualization of accounting information on the facility that has a negative impact on the environment is issued to a legal entity or an individual entrepreneur for no more than ten working days from the date of the submission of documents provided for in paragraph 6 of this article.
11. Removal from state accounting of facilities that have a negative impact on the environment is carried out at the place of registration in connection with the submission of legal entities or individual entrepreneurs on the termination of activities at the facility that has a negative impact on the environment.
12. A document confirming the termination of activities at the object that has a negative impact on the environment is an act of its conservation or liquidation.
13. When removing the object with state accounting that has a negative impact on the environment, a legal entity or an individual entrepreneur is issued a certificate of deregistration of an object that has a negative impact on the environment, no more than ten working days from the date of submission of relevant information and documents.
14. The federal executive body, state authorities of the constituent entities of the Russian Federation, carrying out the state accounting of objects that have a negative impact on the environment, independently request using a unified system of interdepartmental electronic interaction and the regional interdepartmental electronic interaction systems connected to it specified in paragraphs. 8 and this article (information contained in them), in the federal executive bodies, the state authorities of the constituent entities of the Russian Federation, local governments and subordinate to state authorities or local government organizations, if the specified documents (information contained in them) are at the disposal of such organs or organizations. Legal entities or individual entrepreneurs have the right to submit these documents on their own initiative.
15. Statement of public accounting of objects that have a negative impact on the environment, actualization of accounting information on the object that has a negative impact on the environment, and withdrawal objects with state accounting that have a negative impact on the environment are carried out without charge charges.
.State registration of rights to real estate and transactions with it is a legal act of recognition and confirmation by the state of emergence, restrictions (encumbrances), transition or termination of rights to immovable property in accordance with the Civil Code of the Russian Federation.
The legal basis of state registration of rights to immovable property and transactions with it is, the Constitution of the Russian Federation, Civil Code of the Russian Federation, the Federal Law of July 21, 1997 No. 122-FZ "On State Registration of Rights to Real Estate and Transactions with Him" \u200b\u200b(hereinafter law No. 122 -FZ), other federal laws published in accordance with them other regulatory legal acts of the Russian Federation.
"State registration is the only proof of the existence of registered law. Registered right to real estate can only be challenged in court "(Article 2 of the Law 122-FZ).
Registration of rights to real estate is held by the Federal Registration Service, its territorial bodies at the location of real estate. These bodies check the validity of the applicant's documents and the availability of appropriate rights by the person or authority, which prepared documents, as well as the existence of previously registered and declared rights. The competence of these bodies also includes issuance of documents confirming the state registration of rights and information on registered rights.
The body that makes state registration is obliged to provide information contained in the Unified State Register of Rights, about any real estate object, as well as limitations and encumbrances on real estate facilities, to any person who has identified an identity and application in writing (legal entity - documents, confirming the registration of this legal entity and the powers of his representative).
The date of state registration of rights is the day of making relevant entities on the rights to the Unified State Register of Rights.
State registration of rights to real estate and transactions with it is open.
The registration of the transaction from registration of the right should be distinguished. These are two different registration actions that have different legal consequences. Registration of the transaction does not replace the registration of the transfer of law.
Civil Code and Law No. 122-FZ establishes three types of state registration:
§ Registration of rights to real estate;
§ Registration of real estate transactions;
§ Registration of restrictions (encumbrances) rights to real estate.
State registration of restrictions creates conditions in order for the acquirer of real estate, could learn about these restrictions.
According to paragraph 3 of Article 13 of Law No. 122-FZ, state registration of rights is carried out no later than a month from the date of submission of the application and documents necessary for state registration.
Registration of real estate rights is to enter the register of the right holder and the right he acquires.
The following items are subject to state registration:
· ownership;
· The right of economic management;
· The right of life inherited ownership;
· Law of continuous use;
· Mortgage;
· Servitu.
The obligation to register the right of ownership and other real estate rights, restrictions on these rights, their emergence, the transition and termination is established by paragraph 1 of Article 131 of the Civil Code of the Russian Federation.
The grounds for state registration of rights to real estate are:
· Contracts and other real estate transactions;
· Acts published by bodies, state authorities or local governments within their competence and in accordance with the procedure established by law;
· Evidence of the right to inheritance;
· Acts about the privatization of residential premises;
· Judicial acts;
· Certificates (acts) on rights to immovable property issued by authorized bodies of state power in accordance with the procedure established by law;
· Other documents confirming the presence, occurrence, termination, transition restriction of rights.
Participants in relations arising from state registration of rights to immovable property and transactions with it are the owners of real estate and owners of other rights to him, including citizens of the Russian Federation, foreign citizens and states without citizenship, Russian and foreign legal entities, International organizations, foreign countries, the Russian Federation, the constituent entities of the Russian Federation and municipal entities, on the one hand, and the authorities carrying out the state registration of rights to real estate and transactions with it, on the other.
The right arises only from the date of its registration. The registration of the right is certified by the certificate of registration of law.
According to paragraph 1 of Article 165 of the Civil Code of the Russian Federation:
« Non-compliance with the notarial form, and in cases established by law, the requirements for state registration of the transaction entails its invalidity. Such a deal is considered insignificant. "
The transaction participants are not entitled to carry out the state registration of the transaction, if it is established by law.
The contract providing for the transfer of real estate rights is considered concluded only since the state registration. This means that the rights and obligations of the Parties on such a contract occur only since its state registration.
Transactions subject to mandatory state registration can be divided into two groups:
Transactions with the alienation of real estate (entry transition rights);
Deals without alienation of real estate.
Transactions with alienation of real estate (entry transition rights):
· The contract for the sale of residential premises, shares of the total ownership of these facilities (Articles 558 of the Civil Code of the Russian Federation and 251 of the Civil Code of the Russian Federation).
It is not necessary to register the contract of sale of the garage, land plot, structures and premises of non-residential destination. In this case, only the transfer of ownership of the buyer should be registered.
· The contract for the sale of an enterprise (article 560 of the Civil Code of the Russian Federation);
· Agreement of residential premises, as well as shares in total property (Article 567 of the Civil Code of the Russian Federation and 251 of the Civil Code of the Russian Federation);
· Association of real estate, both residential and non-residential, share in the right of a common ownership of them (articles 574 of the Civil Code of the Russian Federation and 251 of the Civil Code of the Russian Federation);
· Real estate donation contract (Article 582 of the Civil Code of the Russian Federation);
· Rental contract with the transfer of real estate under the payment of rent (Article 584 of the Civil Code of the Russian Federation);
· Agreement in equity construction (Article 25.1 of Law No. 122-FZ);
· A contract of life content with dependency (Article 601 of the Civil Code of the Russian Federation);
· Rent with the right of redemption (Article 624 of the Civil Code of the Russian Federation).
Transactions without alienation Real estate aimed, as a rule, to transfer real estate to use or deposit and thereby generate not termination, but limit (encumbrance) of law. These include:
· The lease agreement of the land plot (Article 609 of the Civil Code of the Russian Federation);
· The enterprise lease agreement, as a property complex (paragraph 2 of Article 658 of the Civil Code of the Russian Federation);
· The lease agreement of buildings, structures, non-residential premises, concluded for a period of at least a year (Article 651 of the Civil Code of the Russian Federation);
· Subares treaty (Article 615 of the Civil Code of the Russian Federation);
· Real estate mortgage agreement (Article 339 of the Civil Code of the Russian Federation and Article 10 of the Federal Law of July 16, 1998 No. 102-FZ "On Mortgage (Property Pledge)" (hereinafter referred to as Law No. 102-FZ));
The state registration of rights to immovable property and transactions with it is carried out by the federal executive authority authorized in the field of state registration, and its territorial bodies operating in the relevant registration districts. Currently, this authority is the Federal Registration Service.
The legal status and competence of the federal registration service is specified in the decree of the President of the Russian Federation of October 13, 2004 No. 1315 "Questions of the Federal Registration Service", which was approved by the "Regulations on the Federal Registration Service".
According to this provision, the Federal Registration Service is the federal executive body that performs functions in the field of registration of rights to real estate and transactions with it.
Federal Registration Service, jumped by the Ministry of Justice of the Russian Federation.
The structure of the state registration bodies and the principles of their placement in the territories of registration districts are determined by the Federal Registration Service.
According to paragraph 1 of Article 9 of Law No. 122-FZ, state registration of rights to enterprises as property complexes, real estate objects located on the territory of more than one registration district (linear structures - real estate objects, which are complex or indivisible things), and transactions with them are carried out Directly by the Federal Registration Service.
State registration of rights to other objects of real estate is carried out at the location of these objects within the corresponding Registration District, the territorial body of the Federal Registration Service.
The competence of state registration authorities includes:
§ verification of the reality of documents submitted by the applicant and the availability of relevant rights in a person who has prepared a person or authority;
§ verification of the presence of previously registered and previously stated rights;
§ State registration of rights;
§ issuance of documents confirming the state registration of rights;
§ issuance of information on registered rights;
§ adoption in the manner prescribed by the Government of the Russian Federation, nonsense real estate;
§ issuance of copyright holders for their statements in writing copies of contracts and other documents expressing the content of one-sided transactions committed in simple writing.
Article 13 of Law No. 122-FZ establishes the procedure for conducting state registration.
State registration of rights is carried out in the following order:
reception of documents necessary for state registration of rights and meet the requirements of this Federal Law, the registration of such documents with the obligatory application of a document on the payment of state duty;
legal examination of documents and verify the legality of the transaction;
establishing the absence of contradictions between the claimed rights and already registered rights to this object of real estate, as well as other grounds for refusing or suspension of state registration of rights;
making entries in the USRP in the absence of these contradictions and other grounds for refusing or suspension of state registration of rights;
completion of inscriptions on title documents and issuing certificates of state registration of rights.
Unified State Register Rights Contains information on existing and terminated rights to real estate objects, data on these facilities and information on copyright holders.
An integral part of the Unified State Register of Rights is cases involving guidelines for immovable property and documents accounting books.
The case of correct-linking documents opens to each object of real estate. All documents arrive in the case to register rights to the specified object.
Information from the USRP is not a state, commercial or service secret.
Reception of documents necessary for the implementation of state registration, the initial stage of the state registration process. Upon receipt of the guidelines for state registration of the rights of the body that makes state registration of rights, makes an appropriate entry into the book accounting book, indicating the date and time of receiving such documents up to minute. The applicant is a receipt to receive documents for state registration of rights with their list, as well as indicating the date and time of their presentation with an accuracy of the minute. Display confirms the adoption of documents for state registration of rights.
With legal expertise of documents, verification of the legality of the transaction, the legal force of the right-expanding documents establishes the lack of contradictions between the claimed rights and already registered rights to the object of real estate, the reality of the applicant submitted by the applicant, the availability of rights in the person who has prepared a person or authority, and also establishes the absence of other grounds For suspension or refusal to state registration rights.
In accordance with the order of the Ministry of Justice of the Russian Federation of July 1, 2002 No. 184 "On approval of methodological recommendations on the order of state registration of rights to immovable property and transactions with it" (hereinafter referred to as Order No. 184) it is recommended to check in the following sequence:
checking the entries available in the USRP on this object of real estate;
verification of the legal force of the guidelines, if the title document is a contract - also the verification of the legality of the transaction;
verification of the reality of other documents that are not sufficiently relevant, but necessary for the implementation of state registration, including their compliance with the requirements established by the legislation of the Russian Federation;
checking information about the presence (or absence) in the body that carries out the state registration of rights, documents indicating the imposition of (withdrawal) arrests and other prohibitions that impede state registration;
decision on the results of legal expertise: about state registration, the suspension of state registration, refusal to state registration.
§ about registered rights;
§ about previously stated rights (right-handed);
§ about registered transactions;
§ On registered restrictions (encumbrances) of law, including arrests, prohibitions of conclusion of transactions.
When verifying the legal force of the guidelines, depending on the type of document, it is also checked:
Compliance with the requirements of the legislation acting at the time of publication and at the place of the publication of the document, the form and content of the document;
Whether the authority of state authorities (local governance body) relevant competence on the publication of the act, and whether the procedure for the publication of such acts is essential, including the person authorized by the person signed this act;
Availability of relevant rights to order the object of real estate in the subsequent person's document;
The legality of the transaction is verified regardless of the form of its commission (notarial or simple written) both in the case of registration of the transaction itself and in the case of registration on its basis of the transition, restrictions (encumbrances) of law.
The transaction must comply with the law or other legal acts.
Taking into account the requirements imposed by the legislation of the Russian Federation to contracts, when conducting legal expertise (verification of the legality of the transaction) is checked:
right- and the capacity of the parties;
availability of powers from representatives, if the transaction is committed by representatives;
the existence of the essential conditions of the contract established by law or agreement;
compliance with the form of a contract established by law or agreement of the Parties;
property belonging to a person by the disposal of real estate, or powers to order by real estate by persons who are not owners of property in cases where the law allows the disposal of the object of real estate not its owner.
Compliance with the rights and legitimate interests of third parties not participating in the transaction, as well as public-legal interests in cases established by law.
According to the results of the legal expertise of documents and verification of the legality of the transaction, a state registrar may be made one of the following decisions:
§ to register the claimed right, the transaction, restrictions (encumbrances) of law;
§ suspend state registration in order to eliminate the causes that impede state registration, including for more details;
§ refuse to state registration.
The state registration of the emergence and transition, the rights to real estate is certified by the certificate of state registration of rights.
Conducted state registration of contracts and other transactions is certified by making a special registration inscription on a document expressing the content of the transaction.
The suspension of state registration occurs at the initiative of the state registrar when he has doubts about the presence of grounds for registration of rights, as well as in the authenticity of documents.
Article 19 of Law No. 122-FZ contains a list of grounds for suspension of state registration of rights.
According to paragraphs 1, 2 of Article 19 of the Law No. 122-FZ, state registration of rights is suspended by a state registrar when he has doubts about the presence of grounds for state registration of rights, as well as in the authenticity of the documents submitted or the accuracy of the information specified in them. The state registrar is obliged to take the necessary measures to obtain additional information and (or) confirmation of the authenticity of documents or the accuracy of the information specified in them. The state registrar is obliged on the day of the decision to suspend the state registration of rights in writing to notify the applicant (applicants) on the suspension of state registration of rights and the grounds for making such a decision. The applicants have the right to submit additional evidence that they have grounds for state registration of rights, as well as the authenticity of the documents and the accuracy of the information specified in them. The state registration should be denied if during the prescribed period will not be eliminated by the reasons that prevent state registration of rights. (Resolution of the FAS of the Ural District dated November 1, 2005 in case No. F09-3560 / 05-C3, the Resolution of the FAS of the Moscow District of April 10, 2006, March 30, 2006 No. AK-A41 / 2346-06 in case No. 41-K1 22875/05).
In the event that state registration has been suspended due to the lack of any document necessary for state registration, after its submission (obtaining), additional legal expertise is carried out.
State registration of rights can be suspended for no more than a month.
State registration of rights can be suspended no more than three months on the basis of an application in the written form of the right holder, the parties (parties) of the transaction or authorized by them (them) on the presence of its proper proxies. The statement indicates the reasons that served as the basis for the suspension of state registration of rights, and the period necessary for such suspension.
Documentary confirmation of the causes of suspension from the applicant is not required.
State registration of rights may be suspended by a state register for a period of no more than a month, on the basis of an application in writing by one of the Parties to the Treaty, on the return of documents without conducting state registration of rights in the event that the other side of the contract did not appeal with such a statement. If during the specified period, the reasons that prevent state registration of rights will not be eliminated, the State Registrar must refuse the Parties to the State Registration of Rights and make the appropriate entry in the book of accounting book.
"In the manner prescribed by law, state registration of rights may be suspended on the basis of the definition or decision of the court. The suspension of state registration of rights is accompanied by the introduction of an appropriate mark in the unified state register of rights.
If during the period established for consideration of the statement of state registration of the transaction and (or) of the transition of the right, but before making an entry into the Unified State Register of Right or the decision to refuse to the State Registration of Rights to the body carrying out the State Registration of Rights will receive a decision (definition , RESOLUTION) On the imposition of arrest on the object of real estate or prohibition to make certain actions with the object of real estate, state registration of rights is suspended until the arrest or prohibition in the manner prescribed by law "(clause 4 of Article 19 of Law No. 122-FZ) .
The state registration of rights may be suspended on the basis of the definition or decision of the court, as well as on the basis of the definition of the imposition of arrest, the arbitration practice is also indicated (Resolution of the Volga District of June 28, 2005 in case No. 12-34374 / 04-C20 , Resolution of the FAS of the Ural District of September 21, 2005 in case No. F09-2718 / 05-C6).
The state registrar is obliged for no more than five working days from the date of suspension of state registration of rights in writing to notify the applicant (applicants) on the suspension of state registration of rights and the foundations of suspension of state registration of rights.
In state registration of rights can be denied in cases where:
"The right to the object of real estate, whose state registration asks the applicant is not the right to state the registration of rights in accordance with this Federal Law;
a statement about state registration of rights turned inadequate face;
documents submitted to the state registration of rights, in form or content do not comply with the requirements of current legislation;
the state of the state body or the act of the local government body on the provision of rights to real estate is recognized as invalid from the moment of its publication in accordance with the legislation acting at the place of its publication at the time of publication;
the person who issued a guide document is not authorized to dispose of the right to this object of real estate;
a person who has rights limited to certain conditions has compiled a document without specifying these conditions;
the guideline document on the object of real estate indicates the absence of the applicant's rights to this object of real estate;
the copyright holder did not provide a statement and other necessary documents for the state registration of the previously arising right to the object of real estate, the presence of which is necessary for the state registration of the transition of this right after the introduction of this Federal Law, its restrictions (encumbrances) or committed after the introduction of this Federal the law of the transaction with the object of real estate;
documents required in accordance with this Federal Law for State Registration of Rights are not presented;
there are contradictions between the declared rights and already registered rights;
the implementation of state registration of property rights is not allowed in accordance with paragraph 5 of Article 25.2 of this Federal Law. " (paragraph 1 of Article 20 of Law No. 122-FZ).
After analyzing the arbitration practice, it can be concluded that Article 20 of Law No. 122-FZ contains an exhaustive list of grounds for refusing to state registration. (Resolution of the FAS of the Volga-Vyatsky District of February 21, 2006 in case No.A39-5720 / 2005-606 / 15, Resolution of the FAS of the Moscow District of February 6, 2006 No. 00-24483 / 05 -12-181, Decree of the FAS of the Moscow District of January 23, 2006 in case No. AK-A40 / 13543-05, Decree of the FAS of the Central District of January 24, 2006 in case No.A14-1481-2005-76 / 13).
When deciding on refusal to state registration with the applicant in writing on a period of no more than five days after the deadline established for consideration of the application, a message is sent to the reason for the refusal, and a copy of the specified message is placed in the case of guidelines.
The refusal to state registration may be appealed by an interested person in court, an arbitration court.
If refusal to state registration, the right paid for state registration is not returned. With the termination of state registration of rights, on the basis of the relevant statements of the parties to the contract, half the amount paid in the form of state duty for state registration of rights is returned.
In accordance with Law No. 122-FZ for state registration requires:
§ Statement statement;
§ Document on the payment of state duty;
§ identity documents;
§ documents confirming the powers of a representative of the copyright holder and participants in transactions, including the authority of the representative of a legal entity to act on behalf of a legal entity;
§ documents establishing availability, occurrence, termination, transition, restriction (encumbrance) of law;
§ Cadastral plan of the land plot, plan of the plot of the subsoil and (or) plan of the object. Real estate indicating its cadastral number (the presentation of the cadastral plan of the land plot is not required if the cadastral plan of this land plot has already been presented and was placed in the appropriate case of the guidelines);
§ Constituent documents of a legal entity.
In cases established by the legislation of the Russian Federation, as well as, if the submitted documents do not meet the requirements of Article 18 of the Law No. 122-FZ, additional documents may be exterminated for state registration.
Registration of rights and real estate transactions is carried out on the basis of the application of the copyright holder or Parties to the Treaty. In the absence of a statement, registration actions are not performed.
In accordance with paragraph 19 of the Order No. 184, the application for state registration should contain:
§ data on the right holder (side of the transaction);
§ Information about the representatives of the copyright holder or participant of the transaction (surname, name, patronymic, name and details of a document certifying the identity, the address in which you can contact the representative) if the statement of state registration is filed by the representative;
§ Name and details of a document confirming the powers of the representative (if the statement of state registration is submitted by the representative), including a representative of a legal entity, to act on behalf of the copyright holder, the parties of the transaction;
§ a petition (request) on state registration, pointing to the purpose of the applicant's appeal to the body carrying out the state registration of rights, including the type of law, the size of the share in the right in the case of registration of the right of total validity property, type of transaction, type of restriction (encumbrance) of law;
§ Name, details of a privileged document, on the basis of which state registration of law, restrictions (encumbrances) of law should be carried out;
§ The name and details of the transaction declared registration or on the basis of which the state registration of law should be held, restrictions (encumbrances) of law, and brief data on the second side of the transaction (surname, name, patronymic of an individual, the name of the legal entity);
§ information about the object of real estate (the name of the real estate object, its location (address), cadastral or conditional number, if he is known to the applicant);
§ signature of the applicant;
§ Date of compiling a statement of state registration.
The statement of state registration of the right is to be submitted to the authority that carries out the state registration of rights, in a single copy of the original and after the state registration of the right is placed in the case of the guidelines.
Together with the statement of state registration, the script and a copy of the payment document are presented state duty.
The size of the state fee is established by the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation):
"For state registration of the rights to the enterprise as a property complex, an agreement on the alienation of the enterprise as a property complex, as well as restrictions (encumbrances) of the rights to the enterprise as a property complex - 0.1 percent of the value of property, property and other rights that are part of the enterprise as a property complex, but not more than 30 000 rubles;
for state registration of rights, restrictions (encumbrances) of real estate rights, real estate alienation treaties, with the exception of legally significant actions provided for by sub-clauses 19, 20.1, 22 - 24 and 52 of this paragraph:
organizations - 7,500 rubles;
federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments - 100 rubles;
for state registration of a share in the right of a common property for general real estate in an apartment building - 50 rubles;
for the state registration of the property of an individual for a land plot intended for the conduct of personal subsidiary, country farm, gardening, gardening, individual garage or individual housing construction, or on the object created or created on such a land plot - 100 rubles;
for making changes in the recording of a single state register of rights to real estate and transactions with it, with the exception of legally significant actions provided for by sub-clause 25 of this paragraph:
organizations - 300 rubles;
federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments - 50 rubles;
mortgage Treaty, including the introduction of rights to immovable property and transactions with it records about mortgage as encumbrance of real estate rights:
individuals - 500 rubles;
organizations - 2,000 rubles;
agreements on the change or on termination of the mortgage agreement, including the introduction of relevant changes in the recording of a single state register of rights to real estate and transactions with it:
individuals - 100 rubles;
organizations - 300 rubles.
In the event that a mortgage agreement or an agreement comprising an agreement on mortgage, ensuring the fulfillment of the obligation, with the exception of the contract, the emergence of the mortgage on the basis of the law, was concluded between the individual and legal entity, the state duty for legally significant actions provided for in this sub-clause is charged in the amount established for individuals;
for state registration:
the change of the mortgagee due to the assignment of rights to the main obligation provided by the mortgage, or under the mortgage agreement, including the transaction on the assignment of the rights of claim, including entering into a single state register of rights to real estate and transactions with it records about the mortgage, carried out when changing the mortgagee, - 500 rubles;
the change of the owner of the mortgage, including the transaction on the assignment of the rights of claim, including the introduction of rights to immovable property and transactions with the record of mortgage, carried out when changing the owner of the mortgage, is 100 rubles;
for state registration of servitude: in the interests of individuals - 500 rubles;
in the interests of organizations - 2 000 rubles;
for making changes and additions to the registration record of mortgage - 100 rubles. "
Note!
In accordance with paragraph 1 of Article 452 of the Civil Code of the Russian Federation, the Agreement Agreement is committed in the same form as the contract. Thus, if, in accordance with the Civil Code of the Russian Federation, the contract providing for a real estate transaction is subject to compulsory state registration, the agreement on its change should also be registered.
In accordance with the provisions of Chapter 25.3 of the Tax Code of the Russian Federation, the state duty is paid both for the state registration of rights, restrictions (encumbrances) of real estate rights, alienation agreements and real estate agreements and for making changes to the EDRP records.
Thus, the state duty for the state registration of agreements on the change (termination) of previously registered agreements is paid in the same amounts as for the state registration of the contracts themselves, that is, in accordance with the Tax Code of the Russian Federation (a letter of the Federal Tax Service of November 1, 2005 No. 04 -3-09 / 597 "On the state duty").
How to be if a physical and legal entity turned for the registration of the right of share ownership? As the Federal Registration Service clarifies in a letter dated March 22, 2005 No. 11 / 1-48-cm "On some issues arising in the practice of the activities of the territorial bodies of the Federal Registration Service", for the state registration of contracts for the alienation of immovable property with an individual according to the NK of the Russian Federation, The amount of state duty for individuals is 500 rubles, for legal entities - 7,500 rubles. Thus, if the legal entity is a legal entity, the state duty is charged in the amount of 7,500 rubles, if a citizen is a law enforcement, the state duty amount is 500 rubles.
Personality DocumentsThe individuals impose on state registration of law, transactions, restrictions (encumbrances) of the right: rights holders, participants in the transaction, their representatives, including representatives of legal entities. Documents certifying the identity include, a passport of a citizen of the Russian Federation, a certificate of identity or military ID of a soldier, a generalist passport, a refugee certificate issued by the federal migration service or its territorial body, a certificate from the internal affairs bodies and the details of the lost passport.
Upon presentation of a document certifying the identity, the duration of the document is checked, the availability of a record of the body, issuing a document, the dates of issuing, signatures and the names of an official, print printing. Next, the correspondence of the name, personality, patronymic, date of birth, details of the document certifying the personality, addresses of the permanent place of residence of the right holder of the data specified in the Governance of the Document, in a statement to the State Registration of Rights and to be submitted to the USRP.
The powers of the leaders of legal entities (persons acting on behalf of a legal entity without a power of attorney) may be, including confirmed:
the protocol (extract from the Protocol) of the General Meeting of Shareholders on the election of the Director (Director General) of the Joint Stock Company, if the Company's Charter is not attributed to the competence of the Board of Directors (Supervisory Board);
discharge from the protocol of the general meeting of the participants of the Company with a limited liability on the election of the sole executive body of the Company (Director General, President and Others);
order on the appointment of the head of the state or municipal unitary enterprise.
When checking powers based on power of attorney, the presence of information necessary for the introduction of information about the right owner or participant of the transaction, the name, name, patronymic, the date of birth, the place of permanent or predominant stay of the imaginary physical person, the names and details of the document certifying its Personality, as well as information about the representative, and identification of his personality - surname, name, patronymic, name and details of a document certifying the personality of the representative.
The powers specified in the power of attorney must comply with the representative of actions. Power of attorney should contain a date of proxies and its validity. The validity of the power of attorney cannot exceed three years if the validity of the power of attorney is not specified, it is valid for one year. Power of attorney, in which the date of its commission is not indicated.
A power of attorney on behalf of a legal entity should contain a position, surname and signature of the head or other person authorized by its constituent documents, with the application of the press of this organization (paragraph 17 of the Order No. 184).
According to paragraph 1 of Article 17 of Law No. 122-FZ to expanding documents relate:
"Acts published by state authorities or local governments within their competence and in the manner that has been established by the legislation acting at the place of publication of such acts at the time of their publication;
contracts and other deals for immovable property committed in accordance with the legislation acting at the location of real estate objects at the time of the transaction;
acts (certificates) on the privatization of residential premises committed in accordance with the legislation acting at the place of privatization at the time of its commission;
certificate of the right to inheritance;
judicial acts entered into force;
acts (certificates) on rights to immovable property issued by authorized state authorities in the manner prescribed by the legislation acting at the site of the publication of such acts at the time of their publication;
other acts of transfer of rights to immovable property and transactions with it, the applicant from the former right holder in accordance with the legislation acting at the place of transmission at the time of its commission;
other documents, which, in accordance with the legislation of the Russian Federation, confirm the presence, occurrence, termination, transition, restriction (encumbrance) of the rights.
"The texts of the documents submitted to the State Registration of Rights should be written in the disposal, the names of legal entities - without a reduction, indicating their locations. Families, names and patronymic of individuals, addresses of their residences must be written in full.
Personal registration documents, having cleansing or regulations, stricken words and other corrections, documents performed by pencil, as well as documents with serious injuries, not allowing to unambiguously interpret their contents, are not subject to(paragraphs 2.3 of Article 18 of Law No. 122-FZ).
Cadastral Land Plan Must be certified by the body engaged in the management of the State Land Cadastre, and plans of another immovable property - the corresponding organization (body) on the accounting of real estate objects.
Refined data on the boundaries and land area can be made to the USRP without re-registration on the basis of the information submitted by the body engaged in the management of the State Land Cadastre, if there is an agreement in the written form of the right holder (copyright holders) of the land plot or on the basis of the statement of the copyright holder.
If there is a dispute between the body that performs the activities of the State Land Cadastre, and the copyright holder, the refined data on the boundaries and land area can be made to the USRP on the basis of a judicial act that has entered into legal force.
In accordance with the legislation of the Russian Federation, cases for state registration may be submitted additional documentsnecessary for state registration, in particular:
notarized the consent of the spouse to make one of the spouses of the transaction by order of jointly accomplished real estate and transactions requiring a notarized certificate or state registration;
the consent of the owner of the state or municipal property at the disposal of property in the economic jurisdiction of the state or municipal enterprise;
the consent of the mortgagee to the order of the investment;
the consent of the recipient of rent to the disposal of property transferred to ensure lifelong content with dependency;
permission (consent) of the guardianship body and guardianship to the disposal of the property of persons under the age of 14, and those recognized by the court incapable, their legal representatives (parents, adoptive parents, guardians);
permission (consent) of the guardianship body and guardianship to the country's legitimate representatives (parents, adoptive parents, trustees) of the consent of minors aged from 14 to 18 years and citizens recognized by the court are limited by property;
the consent of the guardianship and guardianship to the alienation of the residential premises, in which members of the family of this residential premises are living under guardianship or trusteeship, or the members of the owner's family without parental care (which is known for the guardianship and guardianship), if the rights or protected the law of the interests of these persons;
the permission of the guardianship and guardianship body for transactions against privatized residential premises in which minors live, regardless of whether they are owners, co-owners or members of the family owners, including former, having the right to use this residential premises, as well as Privatized residential premises in which minors do not live, however, at the time of privatization, there were equal rights with the owner of law.
The rights to real estate that arose before the entry of the Law No. 122-FZ are recognized as legally valid and in the absence of their state registration.
Registration of such rights is carried out at the request of their owners.
That is, if the property was purchased before January 31, 1998 and the documents were issued in accordance with the procedure operating in the region, these rights do not require re-registration in the registration authority.
State registration of previously arising rights is required in one of the following cases:
§ when registering the transition of previously arising rights;
§ when registering restrictions of previously arisen;
§ When registering a deal with a real estate object.
An application for state registration of previously arising rights may be filed together with a statement on the state registration of the transition of this right, its burdens or transactions with the corresponding real estate. With simultaneously submitting statements, state registration is carried out within a month from the date of application and other documents necessary for state registration.
State registration of previously arising rights to the object of real estate is carried out under state registration of the transition of this right or a transaction about the alienation of the object of immovable property without paying the state duty.
In accordance with paragraph 2 of Article 6 of Law No. 122-FZ in other cases, the right to the object of immovable property arose for the state registration of the law to the object of real estate is charged a state duty in the amount of the established amount of state duty for state registration of rights .
The ownership of real estate, acquired due to the acquisitive limitation, is subject to state registration after the establishment of the fact of acquisitive limitation in the procedure provided by law. Recall that by virtue of Article 234 of the Civil Code of the Russian Federation, the period of acquisitive limitation for real estate is 15 years.
At least two copies of documents expressing the content of transactions, one of which is the original after state registration of rights, are submitted to state registration of previously arising rights on the basis of contracts and other transactions, one of which is the original after state registration of rights should be returned to the copyright holder.
In more detail with questions regarding real estate transactions, the characteristics of each of such contracts as the purchase and sale of real estate, rent, exchange, donation, mortgage, rent, commercial and social network, state registration of rights to real estate and transactions with it, You can find in the book of authors CJSC BKR Intercom-Audit "Legal Fundamentals in Real Estate."
"Real estate objects are individual-specific things.Individualization is a process associated with the endowment of impersonal weighing individualizing features. As a result, the object receives characteristics, allowing it to unambiguously allocate it from the composition of another real estate. Individualization of real estate is carried out through state cadastral and technical accounting.
State cadastral records of immovable property - actions of the authorized body to enter into a state real estate cadastre of real estate information that confirm the existence of such real estate with characteristics that allow identifying such immovable property as an individually-specific thing or confirms the cessation of the existence of such real estate, as well as other information about real estate. Cadastral registration of land and inventory of capital construction sites (buildings, buildings, structures, residential and non-residential premises) is required for state registration of rights, which is necessary for the participation of objects in civil circulation.
The State Cadastre of Real Estate - a systematic information of the information about accountable in accordance with the Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre" real estate, as well as information about the passage of the state border of the Russian Federation, on the boundaries between the constituent entities of the Russian Federation, boundaries of municipalities, borders of settlements, about territorial zones and zones with special conditions of use of territories, other information. State real estate cadastre is a federal state information resource.
It should be noted that, in contrast to the previous legal regulation, when the cadastral registration of land plots and the technical accounting of other real estate objects had different legal importance and various regulations, and currently there is a single regularization and a single cadastral accounting procedure provided for by the Federal Law of July 24, 2007 . №221- FZ "On the State Real Estate Cadastre" (Cadastral Law) in accordance with which cadastral registration of land plots, buildings, structures, premises, facilities of unfinished construction are carried out.
State Cadastral Accounting - this is
sanya and individualization in a single state
register land land, resulting in
each of them acquires such characteristics.
some allow you to unambiguously allocate it from others
land plots and carry out its quality
and economic evaluation. Maintaining state
dust counting is regulated by federal law
cadastre.
In accordance with paragraph 1 of Art. 37 ZK RF object
sales can only land plots,
seed state cadastral records.
State cadastral registration of land
counted accompanied by the assignment of each land
the plot of the cadastral number. Cadastral
the land number consists of:
1) the numbers of the cadastral district;
2) rooms of the cadastral district;
3) Cadastral Quarter numbers;
4) Land numbers in the cadastral quarter.
All cadastral accounting is subject to all
land plots located on the territory of the Russian Federation,
regardless of the forms of ownership to land, purpose
appointment and allowed
meld sections.
№ 202 "Questions of the Federal Agency Cadastre
real Estate Tov "found that the body in function
which includes the maintenance of state land
cadastre, currently federal
cadastre Cadastre Real Estate Agency. In addition to
state-owned land cadastre specified
agency also conducts state accounting
laid on land and firmly related
Concept and general characteristics
State land cadastre
State land cadastre - system
the matzed arch of documentary information about
objects of state cadastral accounting, about
most of the mode of lands in the Russian Federation, about cadastral value,
location, land plots and
but related real estate objects.
Mandatory state cadastral
land plots are subject to accounting
on the territory of the Russian Federation, regardless of the forms of himself
earth, target and permitted
use of land. When conducting
state cadastral accounting land
the stock becomes the object of legal relations, object
real estate.
Purpose of Land Cadastre - Provision
the right organization of rational use
land and protection of land resources.
The procedure for the implementation of the function of
land cadastre is regulated by Fede-
mr. Land Cadastre. "
State Land Cadastre is also created by
t. information security purposes:
^ state and municipal management
land resources;
2) state control over the use
and land protection;
3) measures aimed at preserving and
extraction of fertility of land;
4) state registration of rights to immovable
property and transactions with it;
5) land management;
6 (Economic Estimation of Lands and Accounting
land as part of natural resources;
Land Cadastre
rA constitute the following information (Art. 12
land Cadastre "):
1) about the land of the s);
2) about territorial zones;
3) about the lands and boundaries of the territories on which
local self-government;
4) on the lands and boundaries of the subjects of the Federation;
5) On the lands and borders of the Russian Federation.
Appointment of Cadastre - Proper Organization
rational use and protection of land
resources. This requires the availability of appropriate
covers allowing to have fundamental
denia on each land plot located
in use (possession, lease, property).
Mandatory list (composition) of state documents
durious land cadastre divishes them
on major, auxiliary and derivatives.
1 TO basic documents include one
state Register of Land, Cadastral Cases
and cadastral maps (llans).
2. K. auxiliary documents - books
that documents, books of accounting issued information and
the coordinate talogs of the reference land network.
3. K. documentary Document - documentation,
federation, property of the subjects of the Russian Federation,
property municipalities, report
dy about the state and on the use of land
sursov, statistical reports, analytical observations
ry, derivative cadastral maps (plans), other
V Reference and Analytical Documents.
The law determines the content of a single state
cadastral registry, cadastral
maps (Plan).
Unified State Register of Land pre-
is a document that is intended for
holding state cadastral accounting
land plots.
It contains information about existing and pre-
sticking the existence of land plots:
1) their cadastral numbers;
2) location (address);
3) area;
land plots;
5) a description of the boundaries of land plots, their
parts;
6) registered in the prescribed manner
real rights and restrictions;
7) economic characteristics, including
fee fees for land;
8) qualitative characteristics, including
lands fertility condition for individual
9) the presence of real estate objects,
but associated with land.
Cadastral case - a set of compliant
in the prescribed manner of documents confirming
the fact of the emergence or termination of
land plot as an object of state
cadastral accounting. Documents contained in the kada
stall, are the basis for making
of the corresponding information about the land plot into one
state register of land.
Cadastral Map (Plan) - map (plan), on
torah in graphics and textual forms of reproduction
the information contained in the state
land cadastre.
Depending on the composition of the reproduced
denia and goals of their use Cadastral maps
(plans) can be cadastral maps (plans)
land plots, duty cadastral car
tami (plans).
7) establishing a reasonable land fee;
8) other owned, use and
showing land activities.
State land management activities
cadastre is carried out in accordance with
next principles:
1) the unity of the system and technology of state
land cadastre throughout the entire territory
2) the continuity of entering into public
milk Cadastre Changing Characteristics
mills;
3) the openness of the information of state land
go cadastre;
4) comparability and compatibility of information
land cadastre with information
kept in other state and other
dustch, registries, information resources.
In the Federal Law "On State Land
mr. Cadastre "is also established the principle of obligation
state Cadastral Land Accounting
plots. This principle contributes
additions to the Federal Law "On State
registration of rights to real estate and transactions
with him "that allow the state registration
rights to the land plot, even if there is no
or not finished work on cadastral accounting
land plot. Imperative norm of federal
law "On State Land Cadastre"
on the obligation of state cadastral
accounting of land leads to inaction specified
legal norms of the Federal Law "On State
real registration of rights to real estate
and deals with him. " Information of state lands
cadastre is open, with exclude
eating information related to federal legislation
with them real estate objects produces
state Cadastral Estimation of Lands, etc.
Based on the state
dust accounting by the territorial body of the state
a land cadastre is compiled in kadas
through card (plan) of the land plot in which
in graphics and text formations reproduce
State Cadastral Accounting - This is a special registration of cadastral accounting facilities, which is carried out by introducing information to the accounting forms of the state land inventory, allowing to unambiguously allocate an object of cadastral accounting from among other objects.
State cadastral records are carried out throughout the territory of the Russian Federation on a unified system.
The basis for state cadastral accounting is a statement submitted by the interested person (by the owner or owner of other rights, as well as government bodies, local governments) or its authorized representative to the Committee on Land Resources and Land Management with the application of documents for the formation of the object of cadastral accounting. Together with the statement of state cadastral accounting and documents on the formation of an object, an individual presents a document certifying his identity, and a representative of a legal entity is a document certifying his identity and a document that confirms its powers to act on behalf of this legal entity.
Documents that are provided for state cadastral accounting, in cases established by law, should be notarized, have proper signatures of officials bonded by seals. The texts of the documents submitted for the state cadastral accounting should be written in parallers, the names of legal entities should not have abbreviations, it is necessary to indicate their location. Families, names, personalities of individuals, addresses of their location must be written in full.
Obtaining an application and documents for state cadastral accounting is confirmed by the relevant record in the book accounting book. The applicant is a receipt to confirm the receipt of documents with their list and indicating the date of reception.
Accounting starts from the moment of acceptance of documents for state cadastral accounting. The object is considered to be taken into account from the date of making entries on the facility into a single state register of land. The process of state cadastral accounting includes the following steps: the formation of the cadastral case of the object; applying an object on the duty cadastral map (plan); manufacture of cadastral map (plan) of the accounting object; assignment of the cadastral number object; Entering information about the object in the Unified State Register of Land.
The deadlines for the implementation of cadastral accounting (Federal Law No. 221-FZ "On State Cadastre of Real Estate" adopted by the State Duma on July 4, 2007, Article 17.). Unless otherwise established by this Federal Law, registration of the real estate object, accounting for changes in the object of real estate, accounting for a part of the real estate object or deregistration of the real estate object is carried out within a period of no more than twenty working days from the date of receipt by the authority of the cadastral accounting of the appropriate statement of cadastral accounting. And accounting to the address of the rightholder - on the period not more than five working days from the date of receipt by the authority of the cadastral accounting of the relevant statement about the accounting address of the right holder.
Cadastral records on the basis of documents enrolled in the cadastral accounting authority in the order of information interaction, is carried out within a period of no more than thirty working days from the date of receipt of such documents.
The date of completion of cadastral accounting is recognized as the entry of the cadastral accounting authority to the State Cadastre of Real Estate: information about the foundation assigned by the Cadastral Number; new information about the property of real estate; Information about the cessation of the existence of an object of real estate.
All information, with the exception of information provided in the form of cadastral plans of territories or cadastral references, is provided on time not more than five working days from the date of receipt of the relevant request. The term of providing the requested information in the form of cadastral plans of territories or cadastral references cannot exceed fifteen or thirty working days from the date of receipt of the relevant request.
If the provision of requested information is not allowed in accordance with the Federal Law or in the State Real Estate Cadastre there are no requested information, within a period of no more than five working days from the date of receipt by the authority of the cadastral accounting of the relevant request, this body issues (sends) in writing a reasonable decision to refuse Providing requested information, or notification of the absence of requested information in the state-owned real estate cadastre.
The definition and composition of the cadastral case and the cadastral card (plan) were considered in the section "Land-cadastral works in the built-up territories".
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