Registration of the contract of purchase and sale: features, rules of registration and requirements
Citizens in Russia know that the mostA common type of transactions is selling. Accordingly, and the purchase of something. In order to buy or sell anything, the parties usually enter into appropriate agreements. Often they have to be registered additionally. Otherwise, the entire procedure will not be considered complete. And the owner of the subject will have problems. For example, it would be problematic to prove the rights to an object. Therefore, further we will consider the registration of the contract of sale. Is it possible to do without this operation? If yes, then when? And what will be done in this or that case? About all this and not only be able to find out below. With proper timely preparation, this process will not cause any trouble. It is accompanied by paper red tape, which does not require any special skills and knowledge. Perhaps this is the most difficult moment of the whole operation.
Legislation on registration
Purchase and sale - a transaction that governs the transfer of ownership of the object. In certain cases, registration of the relevant paper is not required. But there are times when it is necessary.
The registration of the contract of sale is an important stage in the transfer of certain types of property. After the new owner conducts it, there will be no problem with the proof of the purchase of the object.
According to the laws in force in RussiaThe operation is required mainly for transactions with real estate. But you do not need to register movable property in addition. For example, if a person sells and buys a car, he does not need to apply to the registration authorities in addition.
Accordingly, further we will deal with immovable objects. How to register them after purchase? How much do such a service?
The concept of "real estate"
But before answering such questions,You need to understand what the term real estate is. This will help determine the circumstances under which there is a need for additional registration of the agreement.
Real estate is called:
- at home;
- places for parking the vehicle;
- objects of unfinished construction;
- plots of land;
- non-residential premises.
Accordingly, when selling and buyingthe parties will need state registration of the contract of sale. If the share of real estate is sold, no one frees the operation from the operation either.
Important:transactions with immovable property are mandatory subject to additional registration. When donating, obtaining an inheritance, allotment of shares, alienation or leasing, it is necessary to collide with the operation under study. The difference will only be in the package of documents for the procedure.
Algorithm of sale
Now consider the process of real estate sales.Without this step, the registration of the contract of sale will not take place. After all, incorrect actions before the procedure entail the refusal of the registering authority in the corresponding service.
In reality, everything is much simpler than it seems. And so each person will be able to sell their property. Consider the process of the example of the implementation of the apartment.
The sales guide looks like this:
- Prepare the object for sale. Most often the task involves cosmetic repairs, thorough cleaning, preparation of the entrance.
- Form a package of documents necessary for the sale of property. We'll talk about it later.
- Set up an apartment for sale. You can do it yourself or contact a real estate agency. It is better to combine these options.
- Find buyers and coordinate with them the process of real estate inspection.
- Meet with clients, show the subject of the contract.
- To discuss the nuances of concluding an agreement.
- To appear in the notary's office with the documents prepared. At this stage, a signed contract of the established form.
- Make transfer of money by agreement. The seller is to issue a receipt for the receipt of funds. It is recommended to conduct actions from a notary or other authorized person / in the presence of witnesses.
That's all. Now there is only registration of the contract of sale of real estate. This is a fairly simple procedure. Especially if the parties responsibly approached the solution of such a problem.
Briefly about registration
As soon as the agreement on the transfer of rights toThe real estate is signed, it is possible to address in registering body. At this point, the property will be overwritten by the new owner. A similar operation is called contract registration.
Briefly, this operation can be represented as follows:
- To prepare a certain package of securities. It almost completely coincides with the list of documents required to conclude an agreement of the established form.
- To apply to the registration authority with a request for registration.
- Pay the fee in the amounts established by the legislation of the Russian Federation.
- Wait for a while.
This manual makes it easy toprocedure for registration of agreements for the purchase of property. Next, we'll look at the key points of the operation in more detail. Even a citizen who understands nothing in paper red tape can easily cope with the task in question as quickly as possible.
Where to register agreements
Many are interested in exactly where to send requests for registration of transactions with property. There is no single answer to this question. It all depends on the personal preferences of the parties.
Today, citizens can apply for help to the following bodies:
- cadastral registration chambers.
Some intermediary firms offer assistanceregistration of a contract of sale of a house or other real estate. But, as a rule, companies charge an additional fee for their services. Therefore, this option is not in great demand. Parties involved in the transaction, it is easier to do everything yourself.
It is worth paying attention to the fact that for thisthe moment in Russia there are special sites on which it is proposed to receive state and municipal services. Due to this, registration of the contract of sale and purchase of real estate in Rosreestr or other bodies can be carried out remotely.
Which site will help you cope with the task? It's about using the official page of Rosreestra. There you can easily register an agreement on the purchase of property.
Instructions for the website of Rosreestra
The contract of sale without registration in thethe relevant authorities can be concluded only with respect to movable property. For example, cars are not registered in Rosreestr. Therefore, the operation under investigation will not be required. This rule is dictated by the current legislation of the Russian Federation in 2018.
How to behave if you want to register property rights remotely? We already said that in this case the website of Rosreestr comes to the rescue.
The owner is invited to act as follows:
- Open the site of Rosreestr in the browser.
- Go to the "Public Services" block.
- Click on the "Registration of property rights" line.
- Answer the questions that appear on the screen. It is enough just to put the marks near the suitable points of the questionnaire.
- Click the "Go to parts ..." button.
- Specify the data requested by the system. Usually this is information from existing documents.
- Choose a place where it will be convenient to get a certificate of property rights. You can request a document in electronic form.
- Send a request for processing.
- Wait for notification of the readiness of the documentation.
With pre-prepared papers come inRosreestr and pick up the certificate of the established sample. This step is not needed if the citizen has formalized the confirmation of property rights in the form of an electronic file.
Such a scenario does not usespecial demand. Citizens do not trust the Internet very much in such serious matters as the registration of a contract of sale. Therefore, many prefer to solve the task independently.
Ways of submitting a request
After the registration of the contract of sale of an apartmentthe process of acquiring the property is fully completed. Citizens are given evidence of established forms. So, to prove the rights to real estate from now on will not be difficult.
How can I apply for registration? If you do not take into account the Internet application, then it is proposed to cope with this kind of problem:
- by mail;
- through a representative.
The last alignment in real life almost never occurs. It provides for additional paper red tape. And that's why people try to act 100% on their own.
About the term of circulation
What is the term of registration of the contract of sale of real estate? More precisely, how fast will it be necessary to contact the listed bodies for the realization of the task?
The legislation of the Russian Federation does not provide for anyspecific deadlines for applying to Rosreestr for registration of an agreement on the purchase of property. But it's better to do it as soon as possible. Otherwise, the owner of the object may have problems. For example, if you want to prove the right to "nedvizhku."
Duration of the service
But there is one more issue that bothers you.population. How much is the immediate period of registration of the contract of sale of property in Russia? The length of waiting for the issuance of a certificate of the right to property is implied.
Practice shows that the operation under studyis carried out within 10 days from the moment of submission of the request of the established form. After this time, the citizen will be able to pick up the finished certificate of the right to property in the registering authority.
If registration of a mortgageagreement, it will take 5 days to wait. In real life, such terms are not always observed. Sometimes the final documentation is issued to the owner almost immediately, and sometimes - in 2 weeks or more. You also need to be ready for this.
Registration of the purchase and sale agreement with the MFC asrule, takes up to 15 days. Contacting Rosreestr directly is faster. After all, organizations do not need to spend time on communication with the state real estate registry.
Longer periods will have to wait ifthe owner applies for the service by mail. Then the speed of obtaining a certificate of rights to "nedvizhku" will depend on the work of the post office. Direct registration of the contract of sale of a land plot or other object is carried out for about 10-15 days, and then it is necessary to wait until the final document comes by mail to the applicant's address. The procedure can take away about a month.
Registration of a contract for the sale of land or other real estate - the process is not free. For him, as we said, you need to pay. How many?
Consider the size of the state duty for the operation levied on individuals. It is this category of citizens who are most often engaged in selling existing property. For example, apartments.
In order to register an agreement onpurchase, you will have to pay 2,000 rubles. This payment is also charged for registration of the mortgage agreement. The funds are transferred, as a rule, to the buyer of the property.
The check for payment should be kept. Otherwise, in the State Register a new owner of real estate will be refused a citizen service. The request for an established form will not be considered by the registration authority.
Consequences of actions
The contract of sale after registration becomes fully effective. More precisely, now it will be possible to prove without difficulty the rights to property.
What will the studied operation lead to? In the course of registration actions such operations will be carried out:
- the agreement will be registered in a single register of rights;
- information on the new owner of property is displayed in Rosreestr;
- the citizen (owner) of the real estate issues a certificate of the established pattern.
Important:Since 2017 in Russia have abolished a number of documents on property. For example, it is now impossible to obtain a cadastral / technical passport or a certificate of ownership. Instead of this documentation, a person will receive an extract from the EGRN. The period of validity of such paper is not established.
Nevertheless, the owners of real estateIt is recommended that at least once every 5 years the replacement of the extract from Rosreestr be made. This is to ensure that the property data is not obsolete. For example, we can mean cadastral value. This indicator is subject to change every 5 years.
In any case, before the next transaction withreal estate will need to re-order EGRN references. The average cost of the document is 400 rubles. Free statement is given only after registration of property rights.
Documents for sale
Now a few words about what papers can be useful in the course of real estate realization. Registration of the contract of sale of the car will not be considered. After all, this process does not take place.
Accordingly, we will study a package of documents for the sale of real estate. We'll figure out what kind of paper will be required in the case of apartments. This is a very common type of transactions.
Documents requested at the conclusion of the purchase agreement include:
- passport of the owner;
- the spouse's consent to the process (if joint property is sold);
- certificate of marriage / divorce;
- marriage agreement (if any);
- certificate of birth of the child-owner;
- contract of the established pattern;
- a receipt on receipt of funds for the facility transferred under the agreement;
- the act of acceptance-transfer of property;
- title documents for real estate;
- an extract from EGRN (if there is a certificate of ownership, it can also be attached);
- certificate of family composition;
- an extract from the BTI and from the house book.
All this may requireowner-seller. If a share in an apartment with several owners is sold, you must either attach written refusals of co-owners to buy out, or produce a notice with a proposal to buy out the seller's share.
It is more difficult to sell an apartment that is completely orpartially owned by a child. In order to do this, you need to attach to the package of documents permission from the guardianship authorities for the operation. Otherwise, the sales agreement will be void.
Documents for registration of the contract of sale of an apartment are slightly different from the previously proposed list. But, as we have already said, citizens will need to bring almost the same package of securities.
Without fail, the owner of the property requires:
- old documents for the apartment (passports, plans - if available);
- extracts from the register of real estate;
- check with paid duty;
- contract for the acquisition of real estate;
- passport or other identity card of the owner of the property;
- the act of acceptance-transfer of property;
- extracts from the house book.
- Usually this is enough. Additionally, you may need:
- marriage / divorce certificates;
- marriage contract;
- other papers requested by Rosreestr.
In reality, everything is much simpler than it seems.All listed papers are required to be presented only in the original. Otherwise, Rosreestr may not accept documents for registration. When buying and selling property, the parties must take an extremely responsible approach to the preparation of documentation.
And is it possible to withdraw the contract of purchase of property after people have concluded a transaction and registered it? Or such agreements can not be canceled?
By law, the cancellation of the contract of sale after the registration of property rights is allowed. Usually such an operation is carried out through the court. For its implementation there must be certain grounds.
To such it is possible to carry:
- incapacity of one of the parties;
- non-receipt by the seller of money for the transaction;
- lack of a properly concluded agreement;
- providing an incomplete package of securities when signing the contract.
Actually withdraw the sale agreementproperty is problematic. After all, not a single notary or lawyer will not certify the contract if it does not comply with the established legislation of the Russian Federation. Therefore, there is no reason to fear for the cancellation of the transaction.
If this happens, you will need to apply againto the registering authority and to amend the Rosreestr. Such an operation can not be called registration. After all, state agencies simply make adjustments to the register of rights.
The registration of the contract of sale in Rosreestr in Russia is carried out without any problems. Now we have considered all the features of this operation.
Is it possible to not register the type studiedagreements? No. Without this operation, the owners will not be able to prove their rights to the property. Data in Rosreestr will not be updated. And this can lead to serious problems. Especially if the new owner decided to resell the property or lease it.
Registration of the contract of sale of land or other property takes a minimum of time and effort. No additional costs will not be incurred.
It should be noted that when applying to the registration authorities, the parties must bring 3 copies:
- sales agreements;
- Act-acceptance transfer.
Otherwise, you have to do additionalcopies and certify them. The exception is the situation in which Rosreestr or MFC independently removes photocopies of documentation. This is how registration of ownership takes place. The contract of sale in this process is not allotted the last place.