Federal law on registration of property rights. Federal law on state registration of rights to real estate and transactions with it

State registration of a real estate object allows the owner to become the full owner of the property. Only after entering information into the USRN and issuing a certificate of ownership, a citizen or legal entity becomes the owner and can carry out all types of legal actions with their possession. Since January 1, 2017, they have changed somewhat, all interested parties should be aware of the new procedure.

Legislation establishes uniform rules at the federal level, which must be implemented everywhere. Variations are not allowed legal regulations, since registration and entering data into a single register should be carried out in the same way, regardless of the place of application. The registration rules make it possible to more clearly regulate the provisions of the Land and Housing Codes, eliminate doubtful points and make the procedure more weighty and transparent.

After completing the registration procedure, the owners must be sure of the legality and weight of their actions, the impossibility of a later judicial challenge of the procedure. The Federal Law on the registration of real estate objects allows you to evaluate the following information and actions:

  • the possibility of further implementation of legal transactions with registered property;
  • a procedural basis for performing certain actions with real estate is being formed;
  • persons who have the further right to dispose of and make transactions with property are determined;
  • establishes aspects and norms of the administrative and documentary, procedural procedure for registration and entering information about the object in a single register.

The legal rules reflected in the legislation allow interested parties, that is, participants in real estate transactions, to be confident in the literacy of the purchase / sale, donation, inheritance and lease of a property. In other words, the registration itself and transactions are carried out according to uniform rules and procedures.


Federal Law "On state registration rights to real estate and transactions with it” has undergone a number of significant changes. The amendments allow accounting for real estate in more transparent and reliable ways. From earlier current law Removed some chapters that have lost their relevance at the present time. The main changes include some amendments to the chapters.

  1. Restrictions on registration in certain districts and regions have been lifted. The existing real estate database allows you to register not only at the location of the property, but by contacting inter-regional centers.
  2. A list of state bodies involved and having the authority to register real estate in the field is being established.
  3. The procedure for registration is being changed and determined, and adjustments are made in relation to the previous regulations.
  4. The acquisition of certain rights during the registration of an object is regulated.
  5. The degree of responsibility of executive bodies for refusal to register real estate is changing.
  6. The norms and provisions of the transitional period from the old law to the new one, as amended, must be carried out in accordance with the regulations specified in the law.


The EGRN extract has now become the main document confirming the ownership of real estate. If earlier the certificate was issued to the acquirer of rights after the information was entered in the unified register, now the certificate is not issued. If necessary, you can always order and receive an extract of a standard sample.

A package of documents for cadastral registration and registration is submitted to any branch of the MFC or Rosreestr, regardless of the location of the property. The most important change is the reduction in the time for verification and processing of the information provided. Now cadastral and registration tasks are solved by the relevant authorities within 10 days from the date of acceptance of the documents.

If the services are not required by the applicant at the same time, then the verification time is further reduced. When entering information into the cadastral plan, it will take 5 days for execution, it takes only seven days to enter data into the real estate register. Real estate objects now keep a history of all transactions made, starting from the introduction of the property into operation. Information is stored indefinitely and is provided at the request of interested parties. Documents and certificates can be obtained by courier delivery, under the personal signature of the recipient.

Innovations have affected the owners of machine and parking spaces. Citizens received the right to formalize their possession on a common basis as their real estate.


Particular concerns arise with the electronic maintenance of a unified real estate database. The transitional period, the elimination of confusion and confusion on a national scale, will allow hackers to break into the base and cause tangible damage. Of course, the actions of intruders will be monitored and information about the owners and real estate will be restored in the correct form, but this will take a certain period.

Despite the significant simplification of the procedure, bringing it to modern ways registration, there are many questions for developers. The main thing that has not been done in the new version of the law is that it is possible to challenge the owner's right to property. There is no concept of indisputable registration, that is, a person cannot be 100% sure that he is the owner in fact.

In addition, it should be noted that despite the reduction in the registration period, the suspension period has been significantly increased. Currently, the procedure can be suspended for three months, during which a restriction is imposed on any actions with the disputed real estate.

Now the main document is an extract from the USRN, which is valid for 30 days. Therefore, during transactions, you should request a certificate literally the day before in order to reduce risks.

New rules for real estate registration

the federal law dated July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it" (as amended on March 5, April 12, 2001, April 11, 2002, June 9, 2003, May 11 , June 29, August 22, November 2, December 29, 30, 2004, December 5, 31, 2005)

Chapter I. General Provisions

Article 1. Basic terms
For the purposes of this Federal Law, the following basic terms are used:
cadastral number - unique, not repeating in time and on the territory Russian Federation the number of the real estate object, which is assigned to it during cadastral and technical accounting (inventory) in accordance with the procedure established by the legislation of the Russian Federation, and is retained as long as this real estate object exists as a single object of registered law. The cadastral number of a building or structure consists of the cadastral number of the land plot on which the building or structure is located and the inventory number of the building or structure. The cadastral number of a room in a building or structure consists of the cadastral number of the building or structure and the inventory number of the room;
immovable property (real estate), the rights to which are subject to state registration in accordance with this Federal Law - land plots, subsoil plots, isolated water objects and all objects that are connected with the land in such a way that their movement without disproportionate damage to their purpose is impossible, in including buildings, structures, residential and non-residential premises, forests and perennial plantations, enterprises as property complexes;
restrictions (encumbrances) - the presence of conditions, prohibitions established by law or authorized bodies in the manner prescribed by law, restricting the right holder in exercising the right of ownership or other real rights to a specific object of immovable property (servitude, mortgage, trust management, lease, seizure of property, and others);
easement - the right of limited use of someone else's real estate object, for example, for the passage, laying and operation of necessary communications and other needs that cannot be provided without the establishment of an easement. An easement as a real right to a building, structure, premises may exist without connection with the use of a land plot. For the owner of immovable property, in respect of whose rights an easement is established, the latter acts as an encumbrance;
cadastral and technical accounting (inventory) (hereinafter also referred to as accounting) of a real estate object - a description and individualization of a real estate object (land plot, building, structure, residential or non-residential premises), as a result of which it receives such characteristics that allow it to be unambiguously distinguished from other real estate objects. Accounting for a real estate object is accompanied by the assignment of a cadastral number to it;
registration district - the territory in which the territorial body of the federal executive body authorized in the field of state registration operates. Registration districts are created by the federal executive body authorized in the field of justice.

Article 2. The concept of state registration of rights to real estate and transactions with it
1. State registration of rights to real estate and transactions with it (hereinafter also referred to as state registration of rights) is a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer or termination of rights to real estate in accordance with the Civil Code of the Russian Federation.
State registration is the only proof of the existence of a registered right. The registered right to immovable property can only be challenged in court.
2. State registration of rights is carried out throughout the territory of the Russian Federation according to the system of records of rights to each real estate object established by this Federal Law in the Unified State Register of Rights to Real Estate and Transactions Therewith (hereinafter also referred to as the Unified State Register of Rights).
3. The date of state registration of rights is the day of making the relevant records of rights in the Unified State Register of Rights.

4. State registration of rights is carried out at the location of real estate within the registration district, unless otherwise provided by this Federal Law.
5. Denial of state registration of rights or evasion of state registration by the relevant body may be appealed by an interested person to a court, an arbitration court.

Article 3. Legal basis for state registration of rights to real estate and transactions with it
1. The legal basis for state registration of rights to real estate and transactions with it is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation issued in accordance with them.
In the cases provided for by this Federal Law, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the legal basis for state registration of rights to real estate and transactions with it is also made up of regulatory legal acts of the federal executive body in the field of justice.
Based on and in pursuance of this Federal Law, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the federal executive body authorized in the field of state registration, within its competence, has the right to issue methodological recommendations on the practice of conducting state registration of rights to real estate and transactions with him.
2. The constituent entities of the Russian Federation adopt regulatory legal acts on the phased creation of bodies that carry out state registration of rights to real estate and transactions with it.

Article 4. Mandatory state registration of rights to real estate and transactions with it

1. State registration is subject to property rights and other real rights to real estate and transactions with it in accordance with Articles 130, 131, 132 and 164 of the Civil Code of the Russian Federation, with the exception of rights to aircraft and sea vessels, inland navigation vessels and space objects. Along with the state registration of real rights to real estate, restrictions (encumbrances) of rights to it, including easement, mortgage, trust management, lease, are subject to state registration.
Restrictions (encumbrances) of rights to immovable property arising on the basis of an agreement or an act of a state authority or an act of a local government body are subject to state registration in cases provided for by law.
2. Mandatory state registration is subject to the rights to immovable property, title documents for which are drawn up after the entry into force of this Federal Law.

Article 5
Participants in relations arising from the state registration of rights to real estate and transactions with it are the owners of real estate and holders of other rights to it subject to state registration, including citizens of the Russian Federation, foreign citizens and stateless persons, Russian and foreign legal entities, international organizations, foreign states, the Russian Federation, constituent entities of the Russian Federation and municipalities, on the one hand, and bodies that carry out state registration of rights to real estate and transactions with it, on the other.

Article 6 Recognition of pre-existing rights

1. Rights to immovable property that arose prior to the entry into force of this Federal Law shall be recognized as legally valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the request of their owners.
State registration of rights carried out in certain constituent entities of the Russian Federation and municipalities prior to the entry into force of this Federal Law is legally valid.

2. State registration of the right to an immovable property that arose before the entry into force of this Federal Law is required for state registration of the rights that arose after the entry into force of this Federal Law of the transition this right, its restriction (encumbrance) or a transaction with an object of immovable property made after the entry into force of this Federal Law.
The state registration of the right to an object of immovable property that arose before the entry into force of this Federal Law and the state registration of the transfer of this right, its restriction (encumbrance) or the transaction with an object of immovable property that arose after the entry into force of this Federal Law, or a transaction with an object of immovable property that arose after the entry into force of this Federal Law not later than within one month from the date of submission of the relevant applications and other necessary for state registration of the right, the transfer of the right, its restriction (encumbrance) or the transaction with the real estate object made after the entry into force of this Federal Law of the documents.
The state registration of the right to an immovable property that arose before the entry into force of this Federal Law is carried out during the state registration of the transfer of this right or a transaction on the alienation of an immovable property without payment of state duty.
In other cases provided for by Clause 2 of this Article, a state duty in the amount equal to half of the established amount of the state duty for state registration of rights shall be levied for the state registration of the right to an object of immovable property that arose before the entry into force of this Federal Law.
3. Ownership of immovable property acquired by virtue of acquisitive prescription subject to state registration after establishing the fact of acquisitive prescription in the manner prescribed by law.

Article 7. Openness of information on state registration of rights

1. State registration of rights is open. The body carrying out state registration of rights is obliged to provide information contained in the Unified State Register of Rights about any real estate object to any person who has presented an identity card and a written application (to a legal entity - documents confirming the registration of this legal entity and the powers of its representative).
Extracts from the Unified State Register of Rights, approved in the prescribed manner, must contain a description of the property, registered rights to it, as well as restrictions (encumbrances) of rights, information about the legal claims existing at the time of issuing the extract and the rights of claim declared in court in relation to this object real estate.
In an extract from the Unified State Register of Rights containing information about the land plot on which a real estate object is being created, which includes residential and non-residential premises that are the subjects of agreements for participation in shared construction, in addition to information about the mortgage, the presence of registered agreements for participation in shared construction is indicated with a list of objects of shared construction, as well as company names (names) of legal entities - participants in shared construction, last names, first names, patronymics of individuals - participants in shared construction.
2. The body carrying out the state registration of rights must, within five working days, provide the requested information to the applicant or give him a reasoned refusal in writing. Such a refusal may be appealed by the person who applied for information to the court.
If the Unified State Register of Rights is kept on a magnetic medium, the information to be provided to any person in accordance with paragraph 1 of this article shall be provided no later than within the working day following the day of applying for such information.
3. Information about the content of title documents, with the exception of information about restrictions (encumbrances), generalized information about the rights of an individual to his real estate objects, extracts containing information about the transfer of rights to real estate objects, as well as information about the recognition of the right holder as incapacitated or limited capable persons are provided in the manner prescribed by law only:
to the right holders themselves or their legal representatives;
physical and legal entities who received a power of attorney from the copyright holder or his legal representative;
heads of local self-government bodies and heads of state authorities of the constituent entities of the Russian Federation;
tax authorities within the territories under their jurisdiction;
courts, law enforcement agencies, bailiffs who have cases in progress related to real estate objects and (or) their copyright holders;
persons who have the right to inherit the property of the right holder by will or by law;
to the federal antimonopoly body and its territorial bodies within the territories under the jurisdiction of the said territorial bodies.
Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation to ensure the activities of the Accounts Chamber of the Russian Federation.
Information about the rights of the testator to real estate objects is also provided at the request of a notary in connection with the opening of the inheritance.
4. The body that carries out the state registration of rights is obliged, at the request of the right holder, to provide him with information about the persons who have received information about the real estate object to which he has rights.
The information specified in this paragraph shall be provided to the right holder within a period of not more than seven working days.
5. The use of information contained in the Unified State Register of Rights, in ways or in a form that damages the rights and legitimate interests of copyright holders, entails liability under the legislation of the Russian Federation.
6. Bodies carrying out state registration of rights have the right to provide statistical information obtained on the basis of information contained in the Unified State Register of Rights to any interested person, if the provision of such information does not violate the rights and legitimate interests of right holders.
Statistical information also includes information on the total number of state-registered transactions with real estate concluded in a certain territory for a certain period, generalized information about the subjects of such transactions without information identifying a particular person or about the objects of such transactions, information on the average price of acquiring rights to real estate property and other similar information.

Article 8

1. Information on registered rights to real estate objects and the statistical information specified in Clause 6 of Article 7 of this Federal Law shall be provided for a fee, unless otherwise provided by law.
2. The body that carries out the state registration of rights to real estate and transactions with it shall provide free information on the rights to an object of immovable property to the relevant organization (body) for registering real estate objects and to the body for registering state and municipal property to the extent that necessary for their work.
In accordance with the laws of the Russian Federation, the body that carries out state registration of rights to real estate and transactions with it provides free information on registered rights to real estate and transactions with it upon request:
law enforcement agencies, courts, bailiffs on pending criminal and civil cases;
public authorities of the constituent entities of the Russian Federation and local governments;
tax authorities in the territory under their jurisdiction;
state bodies for control over the use and protection of land and other natural resources;
bodies of state statistics;
the federal antimonopoly body and its territorial bodies in the territories under the jurisdiction of the said territorial bodies;
Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation;
organizations determined by the laws of the Russian Federation.

3. Bodies of state power of the constituent entities of the Russian Federation and local governments, organizations (bodies) for accounting for real estate objects, bodies for accounting for state and municipal property, other organizations that have information necessary for state registration of rights to real estate objects, within a period not more than ten days from the date of application, they are obliged to provide such information to right holders and bodies that carry out state registration of rights to real estate and transactions with it, free of charge or for a fee established by the legislation of the Russian Federation.
Object protection authorities cultural heritage send to the bodies that carry out state registration of rights to real estate and transactions with it, information about real estate classified as objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation (hereinafter - objects of cultural heritage) or to identified objects of cultural heritage subject to state protection until a decision is made to include them in the unified state register of cultural heritage objects (hereinafter referred to as the identified cultural heritage objects), on the decision to include the identified cultural heritage object or to refuse to include the identified cultural heritage object in the unified state register of cultural heritage objects, features constituting the subject of protection of the specified property as an object of cultural heritage or an identified object of cultural heritage, and on obligations to preserve it in the manner and within the time limits established by the Government of the Russian Federation.

Chapter II. Bodies in the system of state registration of rights to real estate and transactions with it

Article 9

1. State registration of rights to real estate and transactions with it is carried out by the federal executive body authorized in the field of state registration (hereinafter also referred to as the federal body in the field of state registration, the body carrying out state registration of rights), and its territorial bodies operating in the relevant registration districts (hereinafter also referred to as state registration bodies, bodies carrying out state registration of rights).
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 that are complex or indivisible things), and transactions with them are carried out by the federal body in the field of state registration. State registration of rights to other real estate objects is carried out at the location of these objects within the relevant registration district by the state registration authority.
2. Bodies for state registration act on the basis of a general provision approved by the federal executive body in the field of justice.
The structure of bodies for state registration and the principles of their placement in the territories of registration districts are determined by the federal body in the field of state registration.
3. The competence of the federal body in the field of state registration in the course of its state registration of rights in the cases provided for by paragraph 1 of this article, and the state registration bodies shall include:
verification of the validity of the documents submitted by the applicant and the availability of relevant rights of the person or authority who prepared the document;
verification of the existence of previously registered and previously declared rights;
state registration of rights;
issuance of documents confirming the state registration of rights;
issuance of information on registered rights;
registration, in accordance with the procedure established by the Government of the Russian Federation, of ownerless immovable things;
issuance to right holders, upon their applications in writing, of copies of contracts and other documents expressing the content of unilateral transactions made in simple written form.

4. The federal executive body authorized in the field of state registration, its territorial bodies, unless otherwise established by the legislation of the Russian Federation, are entitled to carry out only the activities provided for by this Federal Law.
5. Bodies carrying out state registration of rights, when exercising the powers established by paragraph 3 of this article, use a seal depicting the State Emblem of the Russian Federation and with their name.
6. Lost force since January 1, 2005.

Article 10
Federal body in the field of state registration:
coordinates and controls the activities of state registration bodies;

ensures that state registration authorities comply with the Rules for maintaining the Unified State Register of Rights, as well as the creation and operation of the system for maintaining the Unified State Register of Rights in electronic form;
develops and publishes methodological materials on the practice of conducting state registration of rights by state registration bodies;
appoints and dismisses the state registrars heading the territorial subdivisions of state registration bodies;
provides training and advanced training for employees of bodies for state registration;
carries out state registration of rights to real estate objects in cases established by this Federal Law;

exercise other powers established by law.

Article 11. Payments for state registration of rights. Financing of bodies for state registration
1. For state registration of rights in accordance with tax legislation, a state fee is charged.
2. For the provision of information on registered rights, the issuance of copies of contracts and other documents expressing the content of unilateral transactions made in simple written form, a fee is charged.
The amount of the said fee, the procedure for its collection and transfer to the federal budget shall be established by the Government of the Russian Federation.

3. Financing of bodies for state registration is carried out at the expense of the federal budget.

Chapter III. The procedure for state registration of rights to real estate and transactions with it

Article 12
1. Rights to real estate and transactions with it are subject to state registration in the Unified State Register of Rights.
2. The Unified State Register of Rights contains information on existing and terminated rights to real estate objects, data on these objects and information on right holders.
An integral part of the Unified State Register of Rights are cases, including documents of title to real estate, and books of records of documents.

The case of title documents is opened for each object of immovable property. All documents received for registration of rights to the specified object are placed in the file.
Document accounting books contain data on:
documents accepted for registration on the real estate object, right holders, registered right and applicants;
issued certificates of state registration of rights;
extracts and certificates from the Unified State Register of Rights, about other documents.
3. Sections of the Unified State Register of Rights containing records of rights to an immovable property object, the emergence, transfer and termination of such rights, restrictions (encumbrances) are identified in the said register by the cadastral number of the immovable property object.
The case of title documents is identified by the same number as the corresponding section of the Unified State Register of Rights.
If, in accordance with the established procedure, a real estate object has not been assigned a cadastral number, the identification of the real estate object in the Unified State Register of Rights is carried out by a conditional number, which is assigned to it by the body responsible for state registration of rights, on the basis of a regulatory legal act of the federal executive body in the region justice.

Identification of a land plot in the Unified State Register of Rights is carried out according to the cadastral number, which is assigned to it by the body engaged in maintaining the state land cadastre.
4. Sections of the Unified State Register of Rights, cases of title documents and books of records of documents are subject to permanent storage. Their destruction, as well as the withdrawal of any documents or their parts from them is not allowed. The procedure and terms for the storage by the body carrying out state registration of rights, sections of the Unified State Register of Rights, files of title documents and books of records of documents, as well as the procedure for their transfer for permanent storage to state archives, are determined by the Government of the Russian Federation.
If sections of the Unified State Register of Rights, documents stored in cases of title documents, and books of records of documents are recognized as material evidence in a criminal case, their seizure is carried out in the manner prescribed by federal law. After the verdict enters into force or after the expiration of the period for appealing against the decision or ruling on the termination of the criminal case, the court or the body of inquiry, the investigator, the prosecutor must return the indicated sections and documents to the appropriate body that carries out state registration of rights.
5. The rules for maintaining the Unified State Register of Rights to Real Estate and transactions with it are determined by the Government of the Russian Federation.
The rules for maintaining books of records of documents and cases of title documents are determined by the federal executive body in the field of justice.
6. The Unified State Register of Rights consists of separate sections containing records on each real estate object. The section opens at the beginning of registration of rights to a real estate object and is identified by the cadastral or conditional number of this object.
Sections of the Unified State Register of Rights are located in accordance with the principle of a single object of immovable property. Sections containing information about buildings, structures and other real estate objects firmly associated with a land plot are located immediately after the section containing information about this land plot. Sections containing information about apartments, premises and other objects that are part of buildings and structures are located immediately after the corresponding section related to the building, structure.
Each section consists of three subsections.
Subsection I contains short description of each real estate object: address (location), type (name) of the object, its area (actual according to the cadastral plan or according to documents), purpose and other necessary information, including on the attribution of the real estate object to cultural heritage objects or to identified objects cultural heritage.
Subsection II shall contain entries on transactions subject to state registration on the alienation of real estate objects, as well as on the right of ownership and other real rights to each object of immovable property, the name (name) of the right holder, the data of the identity card of the individual and the details of the legal entity, the address indicated the right holder, type of right, size of the share in the right, names and details of title documents, date of entry, name of the state registrar and his signature.
In subsection III, entries are made on restrictions (encumbrances) of the right of ownership and other rights to real estate (servitude, mortgage, trust management, lease, attachment of property, a statement of the right to claim in relation to an object of real estate and others), the date of making the entry, the name of the state registrar and his signature. The entries on restrictions (encumbrances) of the right indicate the content of the restriction (encumbrance), its validity period, the persons in whose favor the rights are limited, the amount of the issued loan for the mortgage (pledge), the amount of rent upon alienation of real estate, the name of the document on the basis of which the restriction (encumbrance) of the right, the duration of its validity, the content of transactions with deferred execution, the parties to such transactions, the terms and conditions for the fulfillment of obligations under transactions, the prices of transactions. For a cultural heritage object or an identified cultural heritage object, the content of the obligations to preserve the cultural heritage object or the identified cultural heritage object, the name of the document on the basis of which the content of these obligations was recorded is indicated.
When applying for state registration of a right, restriction (encumbrance) of a right or a transaction with a real estate object, an entry about this application is made in the "Special Marks" column of the Unified State Register of Rights, which indicates the existence of a claim in relation to this object.
If the state registration authority has information about recognizing citizens as incapacitated or partially capable, as well as information about family members of the owner of this dwelling living in the dwelling, who are under guardianship or guardianship, or minor family members of the owner of this dwelling left without parental care , entries about this are made in the column "Special Marks" of the Unified State Register of Rights.
7. Each entry about a right, its restriction (encumbrance) and a transaction with a real estate object is identified by a registration number. Such a number occurs when documents for state registration of rights are received and corresponds to the incoming number of documents accepted for registration.
8. The unified state register of rights to real estate and transactions with it is kept on paper media, and in those areas (cities) where there are opportunities, on magnetic media.
If the records on paper and magnetic media do not match, the record on paper has priority.
Amendments to entries in the Unified State Register of Rights that do not comply with the title document shall be carried out in the manner prescribed by Article 21 of this Federal Law.
9. In the event of a division, merger or separation of an immovable property about again formed objects entries are made in new sections of the Unified State Register of Rights and new cases of title documents with new cadastral numbers are opened.
In the new sections of the Unified State Register of Rights and in new cases of title documents, references are made to sections and cases related to pre-existing objects.

Article 13

1. State registration of rights is carried out in the following order:
acceptance of documents required for state registration of rights and meeting the requirements of this Federal Law, registration of such documents with the obligatory attachment of a document confirming payment of the state fee;
legal examination of documents and verification of the legality of the transaction;
establishing the absence of contradictions between the claimed rights and already registered rights to this real estate object, as well as other grounds for refusal or suspension of state registration of rights;
making entries in the Unified State Register of Rights to Real Estate in the absence of these contradictions and other grounds for refusal or suspension of state registration of rights;
making inscriptions on legal documents and issuing certificates of state registration of rights.

2. State registration of restrictions (encumbrances) of the right of ownership and other property rights with the rights of third parties may be carried out at the initiative of the right holders or persons acquiring the said rights. If the restriction (encumbrance) is not registered by the right holder, its registration is carried out according to the rules provided for in Article 16 of this Federal Law for the registration of contracts and transactions, with the obligatory notification of the right holder (right holders) of the registered restriction (encumbrance).
State registration of restrictions (encumbrances) of rights established in accordance with the law in the public interest by state authorities and local governments is carried out at the initiative of these bodies with mandatory notification of the right holder (right holders) of the property. Notification of the right holder (right holders) of the real estate object is carried out by the body that carries out the state registration of rights, within a period of not more than five working days from the date of state registration.
State registration of the transfer of the right to an object of immovable property, its restriction (encumbrance) or a transaction with an object of immovable property is possible subject to the state registration of previously arisen rights to this object in the Unified State Register of Rights.
3. State registration of rights is carried out no later than one month from the date of submission of the application and documents required for state registration.

The state registration of an agreement on the alienation of a real estate object and the subsequent transfer of the right to this real estate object with the simultaneous filing of applications and documents necessary for the state registration of the said agreement and the transfer of rights is carried out within the period specified in this paragraph, unless otherwise provided by federal law or the agreement.

Article 14. Certificate of state registration of rights
1. The conducted state registration of the emergence and transfer of rights to real estate is certified by a certificate of state registration of rights.
The carried out state registration of contracts and other transactions is certified by making a special registration inscription on a document expressing the content of the transaction.
2. The form of certificates and a special inscription is established by the Rules for maintaining the Unified State Register of Rights.

Forms of certificate of state registration, introduced by individual subjects of the Russian Federation and city administrations before the establishment of a single form of certificate, are recognized as legally valid.

Article 15. State Registrar
1. Heads of state registration bodies - chief state registrars (hereinafter also referred to as state registrars) are appointed and dismissed by the federal body in the field of justice.
State registrars heading separate subdivisions of bodies for state registration (hereinafter also referred to as state registrars) are appointed and dismissed by the federal body in charge of state registration.
Other state registrars - employees of bodies for state registration, including their territorial divisions (hereinafter also referred to as state registrars), are appointed and dismissed by the heads of bodies for state registration of rights - chief state registrars.
State registrars - employees of the federal body in the field of state registration (hereinafter also referred to as state registrars) are appointed to and dismissed by the head of the federal body in the field of state registration.
The procedure for appointing state registrars is determined by the federal body in the field of justice.

2. The following persons are appointed to the position of the state registrar:
having higher legal education and work experience in the legal specialty for at least three years or work experience in the body that carries out state registration of rights for at least two years, who have completed special courses;
having a different higher education and work experience in the body that carries out state registration of rights for at least three years, who have completed special courses;
passed the qualifying examination in accordance with the established requirements.

3. The state registrar is a federal civil servant.
Features of the rights and obligations of other officials - employees of the body that carries out state registration of rights, as civil servants are regulated by the legislation on public service.

Article 16. Submission of documents for state registration of rights
1. State registration of rights is carried out on the basis of an application by the right holder, the parties to the agreement or a person authorized by him (them) if he has a notarized power of attorney, unless otherwise established by federal law.
If the rights arise on the basis of an act of a state body or an act of a local self-government body, an application for state registration of a right is submitted by a person in respect of whom the said acts have been adopted.
If one of the parties to the contract evades state registration of rights, the transfer of ownership is registered on the basis of a court decision issued at the request of the other party. Losses resulting from the suspension of state registration of rights shall be borne by the evading party.
The state registration of the right to an object of immovable property that arose before the entry into force of this Federal Law is carried out on the basis of an application from the right holder or a person authorized by him.
Submission of applications for state registration of restriction (encumbrance) of rights, as well as transactions related to restriction (encumbrance) of rights, is carried out in the manner established by paragraph 2 of Article 13, paragraph 1 of Article 26, paragraph 1 of Article 27 and paragraph 1 of Article 29 of this Federal Law .
State registration of seizures of immovable property is carried out on the basis of the documents provided for in paragraph 3 of Article 28 of this Federal Law and sent to the bodies that carry out state registration of rights by the bodies specified in paragraph 3 of Article 28 of this Federal Law.
2. The application for state registration of rights must be accompanied by the documents necessary for its implementation.
3. In case of state registration of rights to immovable property owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, bodies of state power, bodies of local self-government, as well as legal entities and citizens, have the right to act on their behalf.

State registration of the rights of the Russian Federation, a subject of the Russian Federation, municipality on state, municipal immovable property not assigned to state, municipal enterprises and institutions and constituting, respectively, the state treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation, the municipal treasury, is carried out without the collection of state duty.
4. Together with the application for state registration of rights and documents on the rights to real estate, a document confirming the payment of the state fee is presented. An individual presents a document proving his identity, and a representative of an individual, in addition, a notarized power of attorney confirming his authority, unless otherwise provided by federal law. A person who has the right to act without a power of attorney on behalf of a legal entity presents a document proving his identity, constituent documents of a legal entity or notarized copies of constituent documents of a legal entity, and a representative of a legal entity, in addition, a document confirming his authority to act on behalf of this legal entity person, or a notarized copy of this document.
5. Upon receipt of documents of title for state registration of rights, an official of the body carrying out state registration of rights shall make an appropriate entry in the register of documents indicating the date and time of receipt of such documents to the nearest minute.
6. The applicant is issued a receipt of receipt of documents for state registration of rights with their list, as well as indicating the date and time of their submission to the nearest minute. The receipt confirms the acceptance of documents for state registration of rights.
7. Registration actions begin from the moment of acceptance of documents for state registration of rights. State registration of rights to real estate and transactions with it is carried out in the sequence determined by the procedure for receiving documents. The transaction is considered registered, and the legal consequences are considered to have occurred from the date of making an entry about the transaction or the right in the Unified State Register of Rights.

Article 17. Grounds for state registration of rights

1. The grounds for state registration of the existence, occurrence, termination, transfer, restriction (encumbrance) of rights to real estate and transactions with it are:
acts issued by public authorities or local self-government bodies within their competence and in the manner established by the legislation in force at the place of publication of such acts at the time of their publication;
contracts and other transactions in relation to real estate, made in accordance with the legislation in force at the location of real estate objects at the time of the transaction;
acts (certificates) on the privatization of residential premises, made in accordance with the legislation in force at the place of privatization at the time of its completion;
certificates of the right to inheritance;
judicial acts that have entered into force;
acts (certificates) on the rights to real estate issued by authorized state authorities in the manner prescribed by the legislation in force at the place of publication of such acts at the time of their publication;
other acts of transfer of rights to real estate and transactions with it to the applicant from the former right holder in accordance with the legislation in force at the place of transfer at the time of its completion;
other documents that, in accordance with the legislation of the Russian Federation, confirm the existence, occurrence, termination, transfer, restriction (encumbrance) of rights.
A mandatory annex to the documents required for state registration of rights is a cadastral plan of a land plot, a plan of a subsoil plot and (or) a plan of a real estate object indicating its cadastral number. The submission of a cadastral plan of a land plot is not required if the cadastral plan of this land plot has already been submitted and placed in the relevant file of title documents.
Verification of the legal force of title documents submitted for state registration of rights is carried out by the body that carries out state registration of rights.
2. It is not allowed to request additional documents from the applicant, with the exception of those indicated in the previous paragraph, if the documents submitted by him meet the requirements of Article 18 of this Federal Law and unless otherwise established by the legislation of the Russian Federation.
The list of documents required for state registration of rights, established by this article, must be available for review by interested parties.

Article 18. Requirements for documents submitted for state registration of rights
1. Documents establishing the existence, emergence, termination, transfer, restriction (encumbrance) of rights to real estate and submitted for state registration of rights must comply with the requirements established by the legislation of the Russian Federation and reflect the information necessary for state registration of rights to real estate in Unified state register of rights. These documents must contain a description of the immovable property and the type of registered right, and in cases established by law must be notarized, sealed, must have the proper signatures of the parties or officials determined by law.
2. The texts of documents submitted for state registration of rights must be written legibly, the names of legal entities - without abbreviations, indicating their locations. Surnames, first names and patronymics of individuals, addresses of their places of residence must be written in full.
3. Documents that have erasures or additions, crossed out words and other corrections not specified in them, documents executed in pencil, as well as documents with serious damage that do not allow unambiguous interpretation of their content are not subject to acceptance for state registration of rights.

4. The cadastral plan of a land plot must be certified by the body engaged in maintaining the state land cadastre, and the plans of other real estate - by the relevant organization (body) for recording real estate objects.
Updated data on the boundaries and area of ​​a land plot can be entered into the Unified State Register of Rights without re-registration on the basis of information provided by the body engaged in maintaining the state land cadastre, with the consent in writing of the right holder (right holders) of the land plot or on the basis of an application from the right holder .
In the event of a dispute between the body engaged in the maintenance of the state land cadastre and the right holder, updated data on the boundaries and area of ​​the land plot may be entered into the Unified State Register of Rights on the basis of a judicial act that has entered into legal force.

5. Documents required for state registration of rights, expressing the content of transactions made in simple written form, and which are the basis for state registration of the existence, occurrence, termination, transfer, restriction (encumbrance) of rights, shall be submitted in at least two copies - originals, one of which after the state registration of rights must be returned to the right holder, the second - is placed in the case of title documents.
For state registration of rights that arose before the entry into force of this Federal Law on the basis of contracts and other transactions, at least two copies of documents expressing the content of transactions are submitted, one of which - the original after state registration of rights must be returned to the right holder.
An application for state registration of rights is submitted for state registration of rights in a single copy - the original and, after state registration of rights, is placed in the case of title documents.
Other documents required for state registration of rights (with the exception of acts of state authorities and acts of local governments, as well as acts of courts that established rights to real estate) are submitted in at least two copies, one of which is the original after state registration of rights must be returned to the copyright holder.
Copies of acts of state authorities and acts of local self-government bodies, as well as acts of courts that have established rights to real estate, are submitted for state registration of rights in at least two copies, one of which, after state registration of rights, must be returned to the right holder.
A certificate of state registration of rights, a mortgage and other documents are issued to the right holder - an individual or a representative of the right holder if the latter has a notarized power of attorney confirming his authority to receive such documents, unless otherwise established by federal law.
If the right holder is a legal entity, a certificate of state registration of rights, a mortgage and other documents are issued to a person who has the right to act without a power of attorney on behalf of a legal entity, or to an employee or other representative of the specified legal entity if he has a notarized power of attorney confirming his authority to receive such documents, unless otherwise provided by federal law.

Article 19. Grounds for suspension of state registration of rights
1. State registration of rights shall be suspended by the state registrar if he has doubts about the existence of grounds for state registration of rights, as well as the authenticity of the submitted documents or the reliability of the information indicated in them. The state registrar is obliged to take the necessary measures to obtain additional information and (or) confirm the authenticity of the documents or the reliability of the information specified in them. The state registrar is obliged on the day the decision is made to suspend state registration of rights in writing to notify the applicant (applicants) of the suspension of state registration of rights and the grounds for making such a decision. Applicants have the right to provide additional evidence that they have grounds for state registration of rights, as well as the authenticity of documents and the reliability of the information specified in them.
2. In the cases specified in clause 1 of this article, state registration of rights may be suspended for no more than a month (excluding the period specified in clause 3 of article 13 of this Federal Law).
If within the specified period the reasons preventing the state registration of rights are not eliminated, the state registrar is obliged to refuse the applicant the state registration of rights and make an appropriate entry in the book of registration of documents.
3. State registration of rights may be suspended for no more than three months on the basis of a written application by the right holder, the party (parties) of the transaction or a person authorized by him (them) if he has a properly executed power of attorney. The application shall indicate the reasons that served as the basis for the suspension of state registration of rights, and the period required for such suspension. The filing of an application for the suspension of state registration of rights interrupts the period established by paragraph 3 of Article 13 of this Federal Law. The period that has expired before the submission of the said application shall not be counted towards the new period.
State registration of rights may be suspended by the state registrar for a period of not more than a month on the basis of a written application by one of the parties to the agreement on the return of documents without state registration of rights if the other party to the agreement did not file such an application. If within the specified period the reasons preventing the state registration of rights are not eliminated, the state registrar is obliged to refuse the parties to the agreement in the state registration of rights and make an appropriate entry about this in the book of registration of documents.
The state registrar is obliged on the day the decision is made to suspend state registration of rights in writing to notify the parties to the agreement on the suspension of state registration of rights and the grounds for making such a decision.
4. In the manner prescribed by law, the state registration of rights may be suspended on the basis of a ruling or a court decision. Suspension of state registration of rights is accompanied by making an appropriate note in the Unified State Register of Rights.
If, within the period established for consideration of an application for state registration of a transaction and (or) transfer of rights, but before an entry is made in the Unified State Register of Rights or a decision is made to refuse state registration of rights, a decision is received by the body carrying out state registration of rights (determination , resolution) on the seizure of an object of immovable property or a ban on certain actions with an object of immovable property, state registration of rights is suspended until the seizure or prohibition is lifted in the manner prescribed by law.
The state registrar is obliged, within a period of not more than five working days from the date of suspension of state registration of rights, to notify the applicant (applicants) in writing about the suspension of state registration of rights and the grounds for suspension of state registration of rights.

Article 20. Grounds for denial of state registration of rights. Termination of state registration of rights
1. State registration of rights may be denied in cases where:
the right to an object of immovable property, the state registration of which is requested by the applicant, is not a right subject to state registration of rights in accordance with this Federal Law;
an improper person applied for state registration of rights;
documents submitted for state registration of rights do not comply with the requirements of the current legislation in form or content;
an act of a state body or an act of a local self-government body on granting rights to immovable property has been declared invalid from the moment of its issuance in accordance with the legislation in force at the place of its issuance at the time of issuance;
the person who issued the title document is not authorized to dispose of the right to this real estate object;
a person who has rights limited by certain conditions has drawn up a document without specifying these conditions;
title document on the real estate object indicates that the applicant has no rights to this real estate object;
the right holder did not submit an application and other necessary documents for the state registration of a previously arisen right to an object of immovable property, the presence of which is necessary for the state registration of the transfer of this right arising after the entry into force of this Federal Law, its restriction (encumbrance) or completed after the entry into force of this Federal the law of a transaction with an object of immovable property;
the documents required in accordance with this Federal Law for state registration of rights have not been submitted;
there are conflicts between claimed rights and already registered rights.
2. The presence of a court dispute about the boundaries of a land plot is not a basis for refusing state registration of rights to it.
3. When a decision is made to refuse state registration of rights, the applicant in writing, within a period of not more than five days after the expiration of the period established for consideration of the application, is sent a message about the reason for the refusal and a copy of this message is placed in the case of title documents.
Refusal to state registration of rights may be appealed by an interested person to a court, an arbitration court.

4. Prior to entering into the Unified State Register of the rights to record a transaction, a right or a restriction (encumbrance) of a right, or until a decision is made to refuse state registration of a right, consideration of an application (applications) for state registration of a right and other documents submitted for state registration of rights may be terminated on the basis of statements by the parties to the contract. The state registrar is obliged to notify the applicants in writing of the termination of the state registration of the right, indicating the date of the decision to terminate the state registration of the right.

5. In case of refusal to state registration of a right, the paid state fee for state registration of a right shall not be refunded. When the state registration of rights is terminated on the basis of the relevant applications of the parties to the agreement, half of the amount paid in the form of a state fee for state registration of rights is returned.

Article 21. Correction of technical errors made during the state registration of rights

1. Technical errors in the records made during the state registration of rights are corrected within three days by the decision of the state registrar after the discovery of an error or after receiving a written statement about the error in the records from any interested person. Participants in relations arising from the state registration of rights, within the same period, without fail, receive in writing information about the correction of a technical error. Correction of a technical error made during the state registration of rights is carried out if there is no reason to believe that such a correction may cause damage or violate the legitimate interests of copyright holders or third parties who relied on the relevant registration records.
2. In cases where there are grounds to believe that the correction of a technical error may cause harm or violate the legitimate interests of right holders or third parties who relied on the relevant registration records, such correction is made by decision of the court, arbitration court.

3. If, as a result of a technical error, damage has been caused to individuals or legal entities, such damage shall be compensated in accordance with Article 31 of this Federal Law.

Chapter IV. State registration of certain types of rights to real estate and transactions with it

Article 22. State registration of rights to an enterprise as a property complex and transactions with it
1. The rights to land plots and other real estate objects that are part of the enterprise as a property complex, their restrictions (encumbrances), transactions with these real estate objects are subject to state registration in the Unified State Register of Rights at the location of these objects in the manner established by this Federal law.
2. If it is necessary to conclude a transaction in relation to an enterprise as a property complex, state registration of the existence and transfer of rights to the enterprise as a whole and transactions with it are carried out by the federal body in charge of state registration.
The registered transfer of the right to the enterprise, restriction (encumbrance) of the right to the enterprise are the basis for making entries on the transfer of the right, on the restriction (encumbrance) of the right to each real estate object that is part of the enterprise as a property complex, in the Unified State Register of Rights at the location real estate object.
3. The rules for making entries about the rights to an enterprise as a property complex and transactions with it in the Unified State Register of Rights and Interaction between the Authorities Carrying out State Registration of Rights are determined by the federal executive body in the field of justice.

Article 23 apartment buildings
1. State registration of rights to real estate and transactions with it in apartment buildings is carried out in accordance with this Federal Law and the Housing Code of the Russian Federation.
2. State registration of the emergence, transfer, restriction (encumbrance) or termination of the right to residential or non-residential premises in multi-apartment buildings is at the same time the state registration of the right of common shared ownership of common property, which is inextricably linked with it.

Article 24. State registration of the right of common ownership of real estate

1. When selling a share in the right of common ownership to an outside person, the application for state registration shall be accompanied by documents confirming that the seller of the share has notified in writing the other participants in shared ownership of the intention to sell his share, indicating the price and other conditions on which he sells it.
The application for state registration may be accompanied by documents confirming the refusal of the other participants in shared ownership to purchase a share and executed in the body that carries out state registration of rights, or notarized. In this case, state registration of the right to a share in common ownership is carried out regardless of the period that has elapsed since the seller notified the share of the other participants in shared ownership.
If documents confirming the refusal of the other participants in shared ownership to purchase a share are not attached to the application for state registration, the state registrar is obliged to suspend state registration until the expiration of a month from the date of notification by the seller of the share of the remaining participants in shared ownership, if on the day of filing the application for state registration such period has not expired.
Disputes between participants in shared ownership that have arisen during the state registration of the right to a share in common ownership are subject to resolution in court.
2. If one of the co-owners applies for state registration of the redistribution of shares in the right of common ownership necessary condition state registration of rights is the presence in writing of the consent of other co-owners, whose shares in the right of common ownership are redistributed, unless otherwise provided by law or an agreement between the said co-owners.
3. State registration of the emergence, transfer and termination of the right of common joint ownership of real estate is carried out on the basis of an application from one of the right holders, unless otherwise provided by the legislation of the Russian Federation or an agreement between the right holders.

4. Applications for state registration of the right of common shared ownership of investment unit holders to real estate constituting a unit investment fund (acquired for inclusion in the unit investment fund), restrictions (encumbrances) of this right or transactions with this property are submitted by the management company, in trust management which the mutual fund is located.
For the state registration of the right of common shared ownership of investment unit owners to real estate constituting a unit investment fund (acquired for inclusion in the unit investment fund), restrictions (encumbrances) of this right or transactions with this property, in addition to the documents required in accordance with this Federal Law, documents are submitted :
an extract from the register of mutual investment funds issued in accordance with the procedure established by Federal Law No. 156-FZ of November 29, 2001 "On Investment Funds" (hereinafter referred to as the Federal Law "On Investment Funds") no earlier than ten days before the date of submission of documents to the state registration;
license of the management company in trust management of which the mutual investment fund is (original or notarized). President of the Russian Federation V. Putin

Federal Law of July 21, 1997 N 122-FZ "On State Registration of Rights to Real Estate and Transactions with It"

Federal Law of July 21, 1997 N 122-F "On State Registration of Rights to Real Estate and Transactions with It"

(as amended March 5, April 12, 2001, April 11, 2002, June 9, 2003, May 11, June 29, August 22, November 2, December 29, 30, 2004, December 5, 31, 2005 April 17, June 3, 30, July 18, December 4, 18, 2006, July 24, October 2, 18, November 8, 23, 2007, May 13, June 30, July 22, 23, 2008 .)

Accepted State Duma June 17, 1997
Approved by the Federation Council on July 3, 1997

Chapter I. General Provisions

Article 1. Basic terms
For the purposes of this Federal Law, the following basic terms are used:
immovable property (real estate), the rights to which are subject to state registration in accordance with this Federal Law - land plots, subsoil plots and all objects that are connected with land in such a way that their movement without disproportionate damage to their purpose is impossible, including buildings, structures, residential and non-residential premises, enterprises as property complexes;
restrictions (encumbrances) - the presence of conditions established by law or authorized bodies in the manner prescribed by law, prohibitions that constrain the right holder in exercising the right of ownership or other real rights to a specific object of immovable property (servitude, mortgage, trust management, lease, concession agreement, seizure of property and others);
easement - the right of limited use of someone else's real estate object, for example, for the passage, laying and operation of necessary communications and other needs that cannot be provided without the establishment of an easement. An easement as a real right to a building, structure, premises may exist without connection with the use of a land plot. For the owner of immovable property, in respect of whose rights an easement is established, the latter acts as an encumbrance;
registration district - the territory in which the territorial body of the federal executive body authorized in the field of state registration operates. Registration districts are created by the federal executive body authorized in the field of justice.

Article 2. The concept of state registration of rights to real estate and transactions with it
1. State registration of rights to real estate and transactions with it (hereinafter also referred to as state registration of rights) is a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer or termination of rights to real estate in accordance with the Civil Code of the Russian Federation.
State registration is the only proof of the existence of a registered right. The registered right to immovable property can only be challenged in court.
2. State registration of rights is carried out throughout the territory of the Russian Federation according to the system of records of rights to each real estate object established by this Federal Law in the Unified State Register of Rights to Real Estate and Transactions Therewith (hereinafter also referred to as the Unified State Register of Rights).
3. The date of state registration of rights is the day of making the relevant records of rights in the Unified State Register of Rights.
4. State registration of rights is carried out at the location of real estate within the registration district, unless otherwise provided by this Federal Law.

5. Denial of state registration of rights or evasion of the relevant body from state registration may be appealed by an interested person or bailiff in court, arbitration court.

Article 3. Legal basis for state registration of rights to real estate and transactions with it
1. The legal basis for state registration of rights to real estate and transactions with it is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation issued in accordance with them.
In the cases provided for by this Federal Law, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the legal basis for state registration of rights to real estate and transactions with it is also made up of regulatory legal acts of the federal executive body in the field of justice.
Based on and in pursuance of this Federal Law, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the federal executive body authorized in the field of state registration, within its competence, has the right to issue methodological recommendations on the practice of conducting state registration of rights to real estate and transactions with him.
2. The constituent entities of the Russian Federation adopt regulatory legal acts on the phased creation of bodies that carry out state registration of rights to real estate and transactions with it.

Article 4. Mandatory state registration of rights to real estate and transactions with it

1. State registration is subject to property rights and other real rights to real estate and transactions with it in accordance with Articles 130, 131, 132 and 164 of the Civil Code of the Russian Federation, with the exception of rights to aircraft and sea vessels, inland navigation vessels and space objects. Along with the state registration of real rights to real estate, restrictions (encumbrances) of rights to it, including easement, mortgage, trust management, lease, are subject to state registration.
Restrictions (encumbrances) of rights to immovable property arising on the basis of an agreement or an act of a state authority or an act of a local government body are subject to state registration in cases provided for by law.
2. Mandatory state registration is subject to the rights to immovable property, title documents for which are drawn up after the entry into force of this Federal Law.

Article 5
Participants in relations arising from the state registration of rights to real estate and transactions with it are the owners of real estate and holders of other rights to it subject to state registration, including citizens of the Russian Federation, foreign citizens and stateless persons, Russian and foreign legal entities, international organizations, foreign states, the Russian Federation, constituent entities of the Russian Federation and municipalities, on the one hand, and bodies that carry out state registration of rights to real estate and transactions with it, on the other.

Article 6 Recognition of pre-existing rights

1. Rights to immovable property that arose prior to the entry into force of this Federal Law shall be recognized as legally valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the request of their owners.
State registration of rights carried out in certain constituent entities of the Russian Federation and municipalities prior to the entry into force of this Federal Law is legally valid.

2. State registration of the right to an object of immovable property that arose before the entry into force of this Federal Law is required for state registration of the transition of this right that arose after the entry into force of this Federal Law of the transfer of this right, its restriction (encumbrance) or the transaction with the object made after the entry into force of this Federal Law real estate.
The state registration of the right to an object of immovable property that arose before the entry into force of this Federal Law and the state registration of the transfer of this right, its restriction (encumbrance) or the transaction with an object of immovable property that arose after the entry into force of this Federal Law, or a transaction with an object of immovable property that arose after the entry into force of this Federal Law not later than within one month from the date of submission of the relevant applications and other necessary for state registration of the right, the transfer of the right, its restriction (encumbrance) or the transaction with the real estate object made after the entry into force of this Federal Law of the documents.
The state registration of the right to an immovable property that arose before the entry into force of this Federal Law is carried out during the state registration of the transfer of this right or a transaction on the alienation of an immovable property without payment of state duty.
In other cases provided for by Clause 2 of this Article, a state duty in the amount equal to half of the established amount of the state duty for state registration of rights shall be levied for the state registration of the right to an object of immovable property that arose before the entry into force of this Federal Law.
3. The right of ownership to immovable property acquired by virtue of acquisitive prescription is subject to state registration after the fact of acquisitive prescription is established in the manner prescribed by law.

Article 7. Openness of information on state registration of rights

1. State registration of rights is open. The body carrying out state registration of rights is obliged to provide information contained in the Unified State Register of Rights about any real estate object to any person who has presented an identity card and a written application (to a legal entity - documents confirming the registration of this legal entity and the powers of its representative).
Extracts from the Unified State Register of Rights, approved in the prescribed manner, must contain a description of the property, registered rights to it, as well as restrictions (encumbrances) of rights, information about the legal claims existing at the time of issuing the extract and the rights of claim declared in court in relation to this object real estate.
In an extract from the Unified State Register of Rights containing information about the land plot on which a real estate object is being created, which includes residential and non-residential premises that are the subjects of agreements for participation in shared construction, in addition to information about the mortgage, the presence of registered agreements for participation in shared construction is indicated with a list of objects of shared construction, as well as company names (names) of legal entities - participants in shared construction, last names, first names, patronymics of individuals - participants in shared construction.

2. The body carrying out the state registration of rights must, within five working days, provide the requested information to the applicant or give him a reasoned refusal in writing. Such a refusal may be appealed by the person who applied for information to the court.
If the Unified State Register of Rights is maintained on an electronic medium, the information to be provided to any person in accordance with paragraph 1 of this article shall be provided no later than within the working day following the day of applying for such information.
3. Information about the content of title documents, with the exception of information about restrictions (encumbrances), generalized information about the rights of an individual to his real estate objects, extracts containing information about the transfer of rights to real estate objects, as well as information about the recognition of the right holder as incapacitated or limited capable persons are provided in the manner prescribed by law only:
to the right holders themselves or their legal representatives;
individuals and legal entities who have received a power of attorney from the copyright holder or his legal representative;
heads of local self-government bodies and heads of state authorities of the constituent entities of the Russian Federation;
tax authorities within the territories under their jurisdiction;
courts, law enforcement agencies, bailiffs who have cases in progress related to real estate objects and (or) their copyright holders;
persons who have the right to inherit the property of the right holder by will or by law;
to the federal antimonopoly body and its territorial bodies within the territories under the jurisdiction of the said territorial bodies.
Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation to ensure the activities of the Accounts Chamber of the Russian Federation.
Information about the rights of the testator to real estate objects is also provided at the request of a notary in connection with the opening of the inheritance.
4. The body that carries out the state registration of rights is obliged, at the request of the right holder, to provide him with information about the persons who have received information about the real estate object to which he has rights.
The information specified in this paragraph shall be provided to the right holder within a period of not more than seven working days.
5. The use of information contained in the Unified State Register of Rights, in ways or in a form that damages the rights and legitimate interests of copyright holders, entails liability under the legislation of the Russian Federation.
6. Bodies carrying out state registration of rights have the right to provide statistical information obtained on the basis of information contained in the Unified State Register of Rights to any interested person, if the provision of such information does not violate the rights and legitimate interests of right holders.
Statistical information also includes information on the total number of state-registered transactions with real estate concluded in a certain territory for a certain period, generalized information about the subjects of such transactions without information identifying a particular person or about the objects of such transactions, information on the average price of acquiring rights to real estate property and other similar information.

Article 8

1. Information on registered rights to real estate objects and the statistical information specified in Clause 6 of Article 7 of this Federal Law shall be provided for a fee, unless otherwise provided by law.
2. The body that carries out state registration of rights to real estate and transactions with it, provides free of charge information on registered rights to real estate objects to the bodies for recording state and municipal property in the amount that is necessary for the work of these bodies; information on registered rights to real estate objects and on the holders of these rights, on restrictions (encumbrances) of these rights and on persons in whose favor such restrictions (encumbrances) are established, in accordance with Federal Law of July 24, 2007 N 221-FZ " On the State Real Estate Cadastre" (hereinafter referred to as the Federal Law "On the State Real Estate Cadastre") to the federal executive body authorized to carry out state cadastral registration of real estate and maintain the state real estate cadastre, or, unless otherwise established by the Government of the Russian Federation, to the jurisdiction of this to the federal executive body, a state institution (hereinafter referred to as the cadastral registration body).
In accordance with the laws of the Russian Federation, the body that carries out state registration of rights to real estate and transactions with it provides free information on registered rights to real estate and transactions with it upon request:
law enforcement agencies, courts, bailiffs on pending criminal and civil cases;
public authorities of the constituent entities of the Russian Federation and local governments;
tax authorities in the territory under their jurisdiction;
state bodies for control over the use and protection of land and other natural resources;
bodies of state statistics;
the federal antimonopoly body and its territorial bodies in the territories under the jurisdiction of the said territorial bodies;
Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation;
organizations determined by the laws of the Russian Federation.
3. State authorities of the constituent entities of the Russian Federation and local governments, a cadastral registration authority, state and municipal property registration authorities, other organizations that have information necessary for state registration of rights to real estate objects, within a period of not more than ten days from the date of applications are required to provide such information to right holders and bodies that carry out state registration of rights to real estate and transactions with it, free of charge or for a fee established by the legislation of the Russian Federation.
The bodies for the protection of cultural heritage objects send to the bodies that carry out state registration of rights to real estate and transactions with it, information about real estate classified as cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation (hereinafter - cultural heritage objects) or identified objects of cultural heritage subject to state protection before a decision is made to include them in the unified state register of cultural heritage objects (hereinafter referred to as the identified objects of cultural heritage), on the decision to include the identified object of cultural heritage or to refuse to include the identified object of cultural heritage in the unified state register objects of cultural heritage, on the features that make up the subject of protection of the said property as an object of cultural heritage or an identified object of cultural heritage, and on the obligations to preserve it in the manner and within the time limits established by the Government of the Russian Federation ysk Federation.

4. The body carrying out the state registration of rights shall send a copy of the declaration on the real estate object submitted in accordance with Article 25.3 of this Federal Law to the cadastral registration body or the organization (body) for registering real estate objects in the manner established by the Government of the Russian Federation.

Chapter II. Bodies in the system of state registration of rights to real estate and transactions with it

Article 9

1. State registration of rights to real estate and transactions with it is carried out by the federal executive body authorized in the field of state registration (hereinafter also referred to as the federal body in the field of state registration, the body carrying out state registration of rights), and its territorial bodies operating in the relevant registration districts (hereinafter also referred to as state registration bodies, bodies carrying out state registration of rights).
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 that are complex or indivisible things), and transactions with them are carried out by the federal body in the field of state registration. State registration of rights to other real estate objects is carried out at the location of these objects within the relevant registration district by the state registration authority. At the initiative of the applicant, state registration of rights to real estate objects included in the composition of the highway and located in the territories of more than one registration district, and transactions with such real estate objects by the federal body in the field of state registration or state registration of rights to such real estate objects and transactions with them at their location within the corresponding registration district by the state registration authority.
2. Bodies for state registration act on the basis of a general provision approved by the federal executive body in the field of justice.
The structure of bodies for state registration and the principles of their placement in the territories of registration districts are determined by the federal body in the field of state registration.

3. The competence of the federal body in the field of state registration in the course of its state registration of rights in the cases provided for by paragraph 1 of this article, and the state registration bodies shall include:
verification of the validity of the documents submitted by the applicant and the availability of relevant rights of the person or authority who prepared the document;
verification of the existence of previously registered and previously declared rights;
state registration of rights;
issuance of documents confirming the state registration of rights;
issuance of information on registered rights;
registration, in accordance with the procedure established by the Government of the Russian Federation, of ownerless immovable things;
issuance to right holders, upon their applications in writing, of copies of contracts and other documents expressing the content of unilateral transactions made in simple written form.

4. The federal executive body authorized in the field of state registration, its territorial bodies, unless otherwise established by the legislation of the Russian Federation, are entitled to carry out only the activities provided for by this Federal Law.
5. Bodies carrying out state registration of rights, when exercising the powers established by paragraph 3 of this article, use a seal depicting the State Emblem of the Russian Federation and with their name.
6. Lost force since January 1, 2005.

Article 10
Federal body in the field of state registration:
coordinates and controls the activities of state registration bodies;

Ensures that state registration authorities comply with the Rules for maintaining the Unified State Register of Rights, as well as the creation and operation of the system for maintaining the Unified State Register of Rights in electronic form;
develops and publishes methodological materials on the practice of conducting state registration of rights by state registration bodies;
appoints and dismisses the state registrars heading the territorial subdivisions of state registration bodies;
provides training and advanced training for employees of bodies for state registration;
carries out state registration of rights to real estate objects in cases established by this Federal Law;

Exercises other powers established by the legislation.

Article 11. Payments for state registration of rights. Financing of bodies for state registration
1. For state registration of rights in accordance with tax legislation, a state fee is charged.
2. For the provision of information on registered rights, the issuance of copies of contracts and other documents expressing the content of unilateral transactions made in simple written form, a fee is charged.
The amount of the said fee, the procedure for its collection and transfer to the federal budget shall be established by the Government of the Russian Federation.

3. Financing of bodies for state registration is carried out at the expense of the federal budget.

Chapter III. The procedure for state registration of rights to real estate and transactions with it

Article 12

1. Rights to real estate and transactions with it are subject to state registration in the Unified State Register of Rights.
2. The Unified State Register of Rights contains information on existing and terminated rights to real estate objects, data on these objects and information on right holders.
An integral part of the Unified State Register of Rights are cases, including documents of title to real estate, and books of records of documents.

The case of title documents is opened for each object of immovable property. All documents received for registration of rights to the specified object are placed in the file.
Document accounting books contain data on:
documents accepted for registration on the real estate object, right holders, registered right and applicants;
issued certificates of state registration of rights;
extracts and certificates from the Unified State Register of Rights, about other documents.

3. Sections of the Unified State Register of Rights containing records of rights to an object of immovable property, the emergence, transfer and termination of such rights, restrictions (encumbrances), are identified in the specified register by a state registration number that does not repeat in time and on the territory of the Russian Federation and assigned this real estate object in the course of its state registration in accordance with the Federal Law "On the State Cadastre of Real Estate" (hereinafter referred to as the cadastral number).
The case of title documents is identified by the same number as the corresponding section of the Unified State Register of Rights.
If, in accordance with the established procedure, a real estate object has not been assigned a cadastral number, the identification of the real estate object in the Unified State Register of Rights is carried out by a conditional number, which is assigned to it by the body responsible for state registration of rights, on the basis of a regulatory legal act of the federal executive body in the region justice.

Identification of a land plot in the Unified State Register of Rights is carried out according to the cadastral number, which is assigned to it by the cadastral registration authority.

4. Sections of the Unified State Register of Rights, cases of title documents and books of records of documents are subject to permanent storage. Their destruction, as well as the withdrawal of any documents or their parts from them is not allowed. The procedure and terms for the storage by the body carrying out state registration of rights, sections of the Unified State Register of Rights, files of title documents and books of records of documents, as well as the procedure for their transfer for permanent storage to state archives, are determined by the Government of the Russian Federation.
If sections of the Unified State Register of Rights, documents stored in cases of title documents, and books of records of documents are recognized as material evidence in a criminal case, their seizure is carried out in the manner prescribed by federal law. After the verdict enters into force or after the expiration of the period for appealing against the decision or ruling on the termination of the criminal case, the court or the body of inquiry, the investigator must return the indicated sections and documents to the appropriate body that carries out state registration of rights.
5. The rules for maintaining the Unified State Register of Rights to Real Estate and transactions with it are determined by the Government of the Russian Federation.
The rules for maintaining books of records of documents and cases of title documents are determined by the federal executive body in the field of justice.

6. The Unified State Register of Rights consists of separate sections containing records on each real estate object. The section opens at the beginning of registration of rights to a real estate object and is identified by the cadastral or conditional number of this object.
Sections of the Unified State Register of Rights are located in accordance with the principle of a single object of immovable property. Sections containing information about buildings, structures and other real estate objects firmly associated with a land plot are located immediately after the section containing information about this land plot. Sections containing information about apartments, premises and other objects that are part of buildings and structures are located immediately after the corresponding section related to the building, structure.
Each section consists of three subsections.
Subsection I contains a brief description of each real estate object: address (location), type (name) of the object, its area (according to the cadastral passport of the real estate object or other document provided for by this Federal Law and containing a description of the real estate object), purpose and other the necessary information, including the attribution of the immovable property to the objects of cultural heritage or to the identified objects of cultural heritage.
Subsection II shall contain entries on transactions subject to state registration on the alienation of real estate objects, as well as on the right of ownership and other real rights to each object of immovable property, the name (name) of the right holder, the data of the identity card of the individual and the details of the legal entity, the address indicated the right holder, type of right, size of the share in the right, names and details of title documents, date of entry, name of the state registrar and his signature.
In subsection III, entries are made on restrictions (encumbrances) of the right of ownership and other rights to real estate (servitude, mortgage, trust management, lease, concession agreement, attachment of property, statement of the right to claim in relation to an object of real estate and others), the date of making the entry , the name of the state registrar and his signature. The entries on restrictions (encumbrances) of the right indicate the content of the restriction (encumbrance), its validity period, the persons in whose favor the rights are limited, the amount of the issued loan for the mortgage (pledge), the amount of rent upon alienation of real estate, the name of the document on the basis of which the restriction (encumbrance) of the right, the duration of its validity, the content of transactions with deferred execution, the parties to such transactions, the terms and conditions for the fulfillment of obligations under transactions, the prices of transactions. For a cultural heritage object or an identified cultural heritage object, the content of the obligations to preserve the cultural heritage object or the identified cultural heritage object, the name of the document on the basis of which the content of these obligations was recorded is indicated.
When applying for state registration of a right, restriction (encumbrance) of a right or a transaction with a real estate object, an entry about this application is made in the "Special Marks" column of the Unified State Register of Rights, which indicates the existence of a claim in relation to this object.
If the state registration authority has information about recognizing citizens as incapacitated or partially capable, as well as information about family members of the owner of this dwelling living in the dwelling, who are under guardianship or guardianship, or minor family members of the owner of this dwelling left without parental care , entries about this are made in the column "Special Marks" of the Unified State Register of Rights.
7. Each entry about a right, its restriction (encumbrance) and a transaction with a real estate object is identified by a registration number. Such a number occurs when documents for state registration of rights are received and corresponds to the incoming number of documents accepted for registration.

8. The unified state register of rights is maintained on paper and electronic media. In the event of a discrepancy between paper and electronic records, paper records take precedence.
Amendments to entries in the Unified State Register of Rights that do not comply with the title document shall be carried out in the manner prescribed by Article 21 of this Federal Law.

9. In the event of a partition, allocation of a share in kind or other actions with real estate objects that comply with the legislation of the Russian Federation, records of objects formed as a result of these actions are entered into new sections of the Unified State Register of Rights and new cases of title documents with new cadastral numbers are opened.
In the new sections of the Unified State Register of Rights and in new cases of title documents, references are made to sections and cases related to real estate objects, as a result of actions with which entries were made in new sections of the Unified State Register of Rights and new cases of title documents were opened.
In the event of a division, apportionment of a share in kind, or other actions in accordance with the legislation of the Russian Federation with real estate objects, the rights to which arose before the day this Federal Law came into force, the provisions of paragraph 2 of Article 6 of this Federal Law shall not apply.

Article 13

1. State registration of rights is carried out in the following order:
acceptance of documents submitted for state registration of rights, registration of such documents;
legal examination of documents and verification of the legality of the transaction;
establishing the absence of contradictions between the claimed rights and already registered rights to this real estate object, as well as other grounds for refusal or suspension of state registration of rights;
making entries in the Unified State Register of Rights to Real Estate in the absence of these contradictions and other grounds for refusal or suspension of state registration of rights;
making inscriptions on legal documents and issuing certificates of state registration of rights.

2. State registration of restrictions (encumbrances) of the right of ownership and other property rights with the rights of third parties may be carried out at the initiative of the right holders or persons acquiring the said rights. If the restriction (encumbrance) is not registered by the right holder, its registration is carried out according to the rules provided for in Article 16 of this Federal Law for the registration of contracts and transactions, with the obligatory notification of the right holder (right holders) of the registered restriction (encumbrance).
State registration of restrictions (encumbrances) of rights established in accordance with the law in the public interest by state authorities and local governments is carried out at the initiative of these bodies with mandatory notification of the right holder (right holders) of the property. Notification of the right holder (right holders) of the real estate object is carried out by the body that carries out the state registration of rights, within a period of not more than five working days from the date of state registration.
State registration of the transfer of the right to an object of immovable property, its restriction (encumbrance) or a transaction with an object of immovable property is possible subject to the state registration of previously arisen rights to this object in the Unified State Register of Rights.
3. State registration of rights is carried out no later than one month from the date of submission of the application and documents required for state registration.

The state registration of an agreement on the alienation of a real estate object and the subsequent transfer of the right to this real estate object with the simultaneous filing of applications and documents necessary for the state registration of the said agreement and the transfer of rights is carried out within the period specified in this paragraph, unless otherwise provided by federal law or the agreement.

4. Refusal to accept documents submitted for state registration of rights is not allowed.

Article 14. Certificate of state registration of rights
1. The conducted state registration of the emergence and transfer of rights to real estate is certified by a certificate of state registration of rights.
The carried out state registration of contracts and other transactions is certified by making a special registration inscription on a document expressing the content of the transaction.
2. The form of certificates and a special inscription is established by the Rules for maintaining the Unified State Register of Rights.

Forms of certificate of state registration, introduced by individual subjects of the Russian Federation and city administrations before the establishment of a single form of certificate, are recognized as legally valid.

Article 15. State Registrar
1. Heads of state registration bodies - chief state registrars (hereinafter also referred to as state registrars) are appointed and dismissed by the federal body in the field of justice.
State registrars heading separate subdivisions of bodies for state registration (hereinafter also referred to as state registrars) are appointed and dismissed by the federal body in charge of state registration.
Other state registrars - employees of bodies for state registration, including their territorial divisions (hereinafter also referred to as state registrars), are appointed and dismissed by the heads of bodies for state registration of rights - chief state registrars.
State registrars - employees of the federal body in the field of state registration (hereinafter also referred to as state registrars) are appointed to and dismissed by the head of the federal body in the field of state registration.
The procedure for appointing state registrars is determined by the federal body in the field of justice.
2. The following persons are appointed to the position of the state registrar:
having a higher legal education and at least three years of experience in the legal specialty or at least two years of experience in the body that carries out state registration of rights, who have completed special courses;
having a different higher education and work experience in the body that carries out state registration of rights for at least three years, who have completed special courses;
passed the qualifying examination in accordance with the established requirements.

3. The state registrar is a federal civil servant.
Features of the rights and obligations of other officials - employees of the body that carries out state registration of rights, as civil servants are regulated by the legislation on public service.

Article 16. Submission of documents for state registration of rights

1. State registration of rights is carried out on the basis of an application from the copyright holder, the parties to the contract or a person authorized by him (them) if he has a notarized power of attorney, unless otherwise provided by federal law, and also at the request of a bailiff.
If the rights arise on the basis of an act of a state body or an act of a local self-government body, an application for state registration of a right is submitted by a person in respect of whom the said acts have been adopted. If the rights arise on the basis of a notarially certified transaction or other notarial action performed by a notary, an application for state registration of a right may be submitted by a notary who has performed the corresponding notarial action. If the rights arise on the basis of a judicial act or are exercised in cases provided for by the Federal Law "On enforcement proceedings", then the state registration of rights can be carried out at the request of the bailiff.
If one of the parties to the contract evades state registration of rights, the transfer of ownership is registered on the basis of a court decision issued at the request of the other party, and in cases provided for by the legislation of the Russian Federation on enforcement proceedings, also at the request of a bailiff. Losses resulting from the suspension of state registration of rights shall be borne by the evading party.
The state registration of the right to an object of immovable property that arose before the entry into force of this Federal Law is carried out on the basis of an application from the right holder or a person authorized by him.
Submission of applications for state registration of restriction (encumbrance) of rights, as well as transactions related to restriction (encumbrance) of rights, is carried out in the manner established by paragraph 2 of Article 13, paragraph 1 of Article 26, paragraph 1 of Article 27 and paragraph 1 of Article 29 of this Federal Law .
State registration of seizures of immovable property is carried out on the basis of the documents provided for in paragraph 3 of Article 28 of this Federal Law and sent to the bodies that carry out state registration of rights by the bodies specified in paragraph 3 of Article 28 of this Federal Law.
2. The application for state registration of rights must be accompanied by the documents necessary for its implementation.
3. In case of state registration of rights to immovable property owned by the Russian Federation, constituent entities of the Russian Federation or municipalities, bodies of state power, bodies of local self-government, as well as legal entities and citizens, have the right to act on their behalf.

State registration of the rights of the Russian Federation, a constituent entity of the Russian Federation, a municipality to state, municipal immovable property not assigned to state, municipal enterprises and institutions and constituting, respectively, the state treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation, the municipal treasury, is carried out without the collection of state duty.

4. Together with the application for state registration of rights and other documents submitted for state registration of rights, a document confirming the payment of the state fee shall be presented, unless otherwise provided by federal law. An individual presents a document proving his identity, and a representative of an individual, in addition, a notarized power of attorney confirming his authority, unless otherwise provided by federal law. A person who has the right to act without a power of attorney on behalf of a legal entity presents a document proving his identity, constituent documents of a legal entity or notarized copies of constituent documents of a legal entity, and a representative of a legal entity, in addition, a document confirming his authority to act on behalf of this legal entity person, or a notarized copy of this document.
5. Upon receipt of documents of title for state registration of rights, an official of the body carrying out state registration of rights shall make an appropriate entry in the register of documents indicating the date and time of receipt of such documents to the nearest minute.
6. The applicant is issued a receipt of receipt of documents for state registration of rights with their list, as well as indicating the date and time of their submission to the nearest minute. The receipt confirms the acceptance of documents for state registration of rights.
7. Registration actions begin from the moment of acceptance of documents for state registration of rights. State registration of rights to real estate and transactions with it is carried out in the sequence determined by the procedure for receiving documents. The transaction is considered registered, and the legal consequences are considered to have occurred from the date of making an entry about the transaction or the right in the Unified State Register of Rights.

Article 17. Grounds for state registration of rights

1. The grounds for state registration of the existence, occurrence, termination, transfer, restriction (encumbrance) of rights to real estate and transactions with it are:
acts issued by public authorities or local self-government bodies within their competence and in the manner established by the legislation in force at the place of publication of such acts at the time of their publication;
contracts and other transactions in relation to real estate, made in accordance with the legislation in force at the location of real estate objects at the time of the transaction;
acts (certificates) on the privatization of residential premises, made in accordance with the legislation in force at the place of privatization at the time of its completion;
certificates of the right to inheritance;
judicial acts that have entered into force;
acts (certificates) on the rights to real estate issued by authorized state authorities in the manner prescribed by the legislation in force at the place of publication of such acts at the time of their publication;
other acts of transfer of rights to real estate and transactions with it in accordance with the legislation in force at the place of transfer at the time of its completion;
other documents that, in accordance with the legislation of the Russian Federation, confirm the existence, occurrence, termination, transfer, restriction (encumbrance) of rights.
A mandatory annex to the documents necessary for the state registration of rights to an immovable property carried out on the grounds established by this paragraph is the cadastral passport of this immovable property. Presentation of the cadastral passport of this real estate object is not required if the cadastral passport, plan of this real estate object or other document provided for by this Federal Law and containing a description of this real estate object, or in case of state registration of rights to land plot- the cadastral passport or cadastral plan of such a land plot has already been submitted and placed in the relevant file of title documents.
Verification of the legal force of title documents submitted for state registration of rights is carried out by the body that carries out state registration of rights.
2. It is not allowed to request additional documents from the applicant, with the exception of those indicated in the previous paragraph, if the documents submitted by him meet the requirements of Article 18 of this Federal Law and unless otherwise established by the legislation of the Russian Federation.
The list of documents required for state registration of rights, established by this article, must be available for review by interested parties.
3. The grounds for state registration of property rights to real estate objects specified in Articles 25, 25.2, 25.3 and 30.1 of this Federal Law are established in these Articles.

Article 18. Requirements for documents submitted for state registration of rights

1. Documents establishing the existence, emergence, termination, transfer, restriction (encumbrance) of rights to real estate and submitted for state registration of rights must comply with the requirements established by the legislation of the Russian Federation and reflect the information necessary for state registration of rights to real estate in Unified state register of rights. These documents must contain a description of the immovable property and, unless otherwise provided by this Federal Law, the type of right to be registered and, in cases established by law, must be notarized, sealed, must have the proper signatures of the parties or officials specified by law.
2. The texts of documents submitted for state registration of rights must be written legibly, the names of legal entities - without abbreviations, indicating their locations. Surnames, first names and patronymics of individuals, addresses of their places of residence must be written in full.
3. Documents that have erasures or additions, crossed out words and other corrections not specified in them, documents executed in pencil, as well as documents with serious damage that do not allow unambiguous interpretation of their content are not subject to acceptance for state registration of rights.

4. The form of an extract from the household book submitted in accordance with Article 25.2 of this Federal Law confirming that a citizen has the right to a land plot is established by the federal body in charge of state registration.
The form of the declaration on an immovable property object submitted in accordance with Article 25.3 of this Federal Law is established by the federal executive body authorized to exercise the functions of legal regulation in the field of maintaining the state real estate cadastre, cadastral registration and cadastral activities. The declaration on a real estate object shall include information about its address (location), type (name), purpose, area, number of floors (number of storeys), including underground floors, the year of its creation, materials of the outer walls of such a real estate object, its connection to engineering and technical support networks, cadastral number of the land plot on which such a real estate object is located.
If, due to a change in information about a real estate object, it is necessary to make appropriate changes to subsection I of the Unified State Register of Rights, the updated data on such an object of real estate are entered into the Unified State Register of Rights without re-registration on the basis of the cadastral registration submitted by the cadastral registration authority in accordance with Part 1 of Article 15 of the Federal Law "On the State Cadastre of Real Estate" of the document on the conducted state cadastral registration of such an immovable property. Updated data on such a real estate object can also be entered into the Unified State Register of Rights without re-registration on the basis of an application from the right holder of such a real estate object and the attached cadastral passport of such a real estate object or the attached cadastral extract on such a real estate object containing real estate entered in the state cadastre new information about such a real estate object.
The absence in the cadastral passport of a land plot provided for personal subsidiary, dacha farming, gardening, gardening, individual garage or individual housing construction, or in the cadastral passport of a building, structure, premises or facility under construction, information about such a real estate object to the extent necessary in accordance with Part 4 of Article 14 of the Federal Law "On the State Real Estate Cadastre" cannot be a basis for suspending state registration of rights to such an object of immovable property or transactions with it or to refuse to carry out this state registration.

5. Documents required for state registration of rights, expressing the content of transactions made in simple written form, and which are the basis for state registration of the existence, occurrence, termination, transfer, restriction (encumbrance) of rights, shall be submitted in at least two copies - originals, one of which after the state registration of rights must be returned to the right holder, the second - is placed in the case of title documents.
For state registration of rights that arose before the entry into force of this Federal Law on the basis of contracts and other transactions, at least two copies of documents expressing the content of transactions are submitted, one of which - the original after state registration of rights must be returned to the right holder.
An application for state registration of rights is submitted for state registration of rights in a single copy - the original and, after state registration of rights, is placed in the case of title documents.
Other documents required for state registration of rights (with the exception of acts of state authorities and acts of local governments, as well as acts of courts that established rights to real estate) are submitted in at least two copies, one of which is the original after state registration of rights must be returned to the copyright holder.
Copies of acts of state authorities and acts of local self-government bodies, as well as acts of courts that have established rights to real estate, are submitted for state registration of rights in at least two copies, one of which, after state registration of rights, must be returned to the right holder.
A certificate of state registration of rights, a mortgage and other documents are issued to the right holder - an individual or a representative of the right holder if the latter has a notarized power of attorney confirming his authority to receive such documents, unless otherwise established by federal law.
If the right holder is a legal entity, a certificate of state registration of rights, a mortgage and other documents are issued to a person who has the right to act without a power of attorney on behalf of a legal entity, or to an employee or other representative of the specified legal entity if he has a notarized power of attorney confirming his authority to receive such documents, unless otherwise provided by federal law.
If the applicant is a notary, a certificate of state registration of rights and (or) other documents may be issued to this notary.
If the state registration of rights is carried out at the request of the bailiff, a certificate of state registration of rights and (or) other documents may be issued to the bailiff.

Article 19. Grounds for suspension of state registration of rights

1. State registration of rights shall be suspended by the state registrar if he has doubts about the existence of grounds for state registration of rights, as well as the authenticity of the submitted documents or the reliability of the information indicated in them. The state registrar is obliged to take the necessary measures to obtain additional information and (or) confirm the authenticity of the documents or the reliability of the information specified in them. The state registrar is obliged on the day the decision is made to suspend state registration of rights in writing to notify the applicant (applicants) of the suspension of state registration of rights and the grounds for making such a decision. Applicants have the right to provide additional evidence that they have grounds for state registration of rights, as well as the authenticity of documents and the reliability of the information specified in them.
State registration of rights on the basis of a judicial act may be suspended by the state registrar only if he has doubts about the authenticity of the submitted documents.
2. In the cases specified in clause 1 of this article, state registration of rights may be suspended for no more than a month (excluding the period specified in clause 3 of article 13 of this Federal Law).
If within the specified period the reasons preventing the state registration of rights are not eliminated, the state registrar is obliged to refuse the applicant the state registration of rights and make an appropriate entry in the book of registration of documents.
3. State registration of rights may be suspended for no more than three months on the basis of a written application by the right holder, the party (parties) of the transaction or a person authorized by him (them) if he has a properly executed power of attorney. The application shall indicate the reasons that served as the basis for the suspension of state registration of rights, and the period required for such suspension. The filing of an application for the suspension of state registration of rights interrupts the period established by paragraph 3 of Article 13 of this Federal Law. The period that has expired before the submission of the said application shall not be counted towards the new period.
State registration of rights may be suspended by the state registrar for a period of not more than a month on the basis of a written application by one of the parties to the agreement on the return of documents without state registration of rights if the other party to the agreement did not file such an application. If within the specified period the reasons preventing the state registration of rights are not eliminated, the state registrar is obliged to refuse the parties to the agreement in the state registration of rights and make an appropriate entry about this in the book of registration of documents.
The state registrar is obliged on the day the decision is made to suspend state registration of rights in writing to notify the parties to the agreement on the suspension of state registration of rights and the grounds for making such a decision.
4. In the manner prescribed by law, the state registration of rights may be suspended on the basis of a ruling or a court decision. Suspension of state registration of rights is accompanied by making an appropriate note in the Unified State Register of Rights.
If, within the period established for consideration of an application for state registration of a transaction and (or) transfer of rights, but before an entry is made in the Unified State Register of Rights or a decision is made to refuse state registration of rights, a decision is received by the body carrying out state registration of rights (determination , resolution) on the seizure of an object of immovable property or a ban on certain actions with an object of immovable property, state registration of rights is suspended until the seizure or prohibition is lifted in the manner prescribed by law.
The state registrar is obliged, within a period of not more than five working days from the date of suspension of state registration of rights, to notify the applicant (applicants) in writing about the suspension of state registration of rights and the grounds for suspension of state registration of rights.

Article 20. Grounds for denial of state registration of rights. Termination of state registration of rights

1. State registration of rights may be denied in cases where:
the right to an object of immovable property, the state registration of which is requested by the applicant, is not a right subject to state registration of rights in accordance with this Federal Law;
an improper person applied for state registration of rights;
documents submitted for state registration of rights do not comply with the requirements of the current legislation in form or content;
an act of a state body or an act of a local self-government body on granting rights to immovable property has been declared invalid from the moment of its issuance in accordance with the legislation in force at the place of its issuance at the time of issuance;
the person who issued the title document is not authorized to dispose of the right to this real estate object;
a person who has rights limited by certain conditions has drawn up a document without specifying these conditions;
title document on the real estate object indicates that the applicant has no rights to this real estate object;
the right holder did not submit an application and other necessary documents for the state registration of a previously arisen right to an object of immovable property, the presence of which is necessary for the state registration of the transfer of this right arising after the entry into force of this Federal Law, its restriction (encumbrance) or completed after the entry into force of this Federal the law of a transaction with an object of immovable property;
the documents required in accordance with this Federal Law for state registration of rights have not been submitted;
there are conflicts between claimed rights and already registered rights;
state registration of the right of ownership is not allowed in accordance with paragraph 5 of Article 25.2 of this Federal Law.

1.1. State registration of rights at the request of a bailiff may be refused only on the grounds specified in paragraphs two, four, five, six, seven, ninth, ten, eleven and twelfth of clause 1 of this article.
2. The presence of a court dispute about the boundaries of a land plot is not a basis for refusing state registration of rights to it.
3. When a decision is made to refuse state registration of rights, the applicant in writing, within a period of not more than five days after the expiration of the period established for consideration of the application, is sent a message about the reason for the refusal and a copy of this message is placed in the case of title documents.
Refusal to state registration of rights may be appealed by an interested person to a court, an arbitration court.

4. Prior to entering into the Unified State Register of the rights to record a transaction, a right or a restriction (encumbrance) of a right, or until a decision is made to refuse state registration of a right, consideration of an application (applications) for state registration of a right and other documents submitted for state registration of rights may be terminated on the basis of statements by the parties to the contract. The state registrar is obliged to notify the applicants in writing of the termination of the state registration of the right, indicating the date of the decision to terminate the state registration of the right. If the state registration of rights is carried out by a bailiff on the basis of a judicial act, it can be terminated only on the basis of a judicial act. If the state registration of rights is carried out at the request of the bailiff, it can be terminated only at the request of the bailiff.

5. In case of refusal to state registration of a right, the paid state fee for state registration of a right shall not be refunded. When the state registration of rights is terminated on the basis of the relevant applications of the parties to the agreement, half of the amount paid in the form of a state fee for state registration of rights is returned.

Article 21. Correction of technical errors made during the state registration of rights

1. Technical errors in the records made during the state registration of rights are corrected within three days by the decision of the state registrar after the discovery of an error or after receiving a written statement about the error in the records from any interested person. Participants in relations arising from the state registration of rights, within the same period, without fail, receive in writing information about the correction of a technical error. Correction of a technical error made during the state registration of rights is carried out if there is no reason to believe that such a correction may cause damage or violate the legitimate interests of copyright holders or third parties who relied on the relevant registration records.
2. In cases where there are grounds to believe that the correction of a technical error may cause harm or violate the legitimate interests of right holders or third parties who relied on the relevant registration records, such correction is made by decision of the court, arbitration court.

3. If, as a result of a technical error, damage has been caused to individuals or legal entities, such damage shall be compensated in accordance with Article 31 of this Federal Law.

Chapter IV. State registration of certain types of rights to real estate and transactions with it

Article 22. State registration of rights to an enterprise as a property complex and transactions with it
1. The rights to land plots and other real estate objects that are part of the enterprise as a property complex, their restrictions (encumbrances), transactions with these real estate objects are subject to state registration in the Unified State Register of Rights at the location of these objects in the manner established by this Federal law.
2. If it is necessary to conclude a transaction in relation to an enterprise as a property complex, state registration of the existence and transfer of rights to the enterprise as a whole and transactions with it are carried out by the federal body in charge of state registration.
The registered transfer of the right to the enterprise, restriction (encumbrance) of the right to the enterprise are the basis for making entries on the transfer of the right, on the restriction (encumbrance) of the right to each real estate object that is part of the enterprise as a property complex, in the Unified State Register of Rights at the location real estate object.
3. The rules for making entries about the rights to an enterprise as a property complex and transactions with it in the Unified State Register of Rights and Interaction between the Authorities Carrying out State Registration of Rights are determined by the federal executive body in the field of justice.

Article 22.1. State registration of rights to hydraulic and other structures located on water bodies
1. Rights to hydraulic and other structures located on water bodies, their restrictions (encumbrances), transactions with these structures are subject to state registration in the Unified State Register of Rights at the location of these objects in the manner established by this Federal Law.
2. A mandatory annex to the documents on the basis of which the state registration of rights to hydraulic and other structures located on water bodies is carried out are documents that are prepared in accordance with water legislation and in which the layout of these structures is indicated in graphic form.

Article 22.2. Features of state registration of rights to land plots formed during division, consolidation, redistribution land plots or separation from land plots
1. The basis for state registration of property rights and other real rights to land plots formed in the course of division, consolidation, redistribution of land plots or separation from land plots is:
1) a decision on the division or consolidation of state or municipally owned land plots;
2) an agreement on division, on amalgamation, on redistribution of land plots or on allocation from land plots;
3) another document on the basis of which, in accordance with this Federal Law and other federal laws, the formation of land plots is carried out.
2. State registration of rights to land plots formed in the course of division or consolidation of land plots owned by one person is carried out on the basis of an application from such a person. State registration of rights to land plots formed during the division, consolidation or redistribution of land plots that are state or municipal property is carried out on the basis of an application from the executive body of state power, a local self-government body or a person acting on their behalf, or on the basis of an application from persons who land plots were provided in accordance with the Land Code of the Russian Federation.
3. Mandatory annexes to the documents submitted in accordance with paragraphs 1 and 2 of this article are:
1) a document of title to the land plot from which the land plots are formed. Submission of a title document is not required if the right to the relevant land plot was previously registered in accordance with the procedure established by this Federal Law;
2) cadastral passports of the formed land plots;
3) consent in writing of persons to the formation of land plots if the need for such consent is provided for by the Land Code of the Russian Federation.
4. State registration of rights is carried out simultaneously in respect of all land plots formed during the division, redistribution of land plots or separation from land plots.
The provisions of this paragraph shall not apply during state registration of rights to land plots formed during the division, consolidation of land plots or allocation from land plots provided to a horticultural, horticultural or dacha non-profit association of citizens, as well as to land plots formed during allocation from agricultural land plots owned by more than five persons.
5. Simultaneously with the state registration of the right of ownership and other real rights to the land plots formed, the state registration of restrictions (encumbrances) of rights to such land plots shall be carried out.
6. The absence of state registration of the right to a land plot, from which land plots are formed during division, amalgamation, redistribution or allotment, is not an obstacle to the state registration of rights to the formed land plots. If the right to a land plot, from which land plots are formed during division, amalgamation, redistribution or allotment, is registered in accordance with this Federal Law, simultaneously with the state registration of rights to the formed land plots, the termination of the right, restrictions (encumbrances) of the right to the land from which such land was formed.
7. Simultaneously with an application for state registration of rights to the land plots being formed, an application for state registration of the transfer or termination of rights to such land plots may be submitted. In this case, the state registration of the transfer or termination of rights to such land plots is carried out simultaneously with the state registration of rights to the formed land plots.

Article 23. State registration of rights to real estate and transactions with it in apartment buildings
1. State registration of rights to real estate and transactions with it in apartment buildings is carried out in accordance with this Federal Law and the Housing Code of the Russian Federation.
2. State registration of the emergence, transfer, restriction (encumbrance) or termination of the right to residential or non-residential premises in multi-apartment buildings is at the same time the state registration of the right of common shared ownership of common property, which is inextricably linked with it.

Article 24. State registration of the right of common ownership of real estate

1. When selling a share in the right of common ownership to an outside person, the application for state registration shall be accompanied by documents confirming that the seller of the share has notified in writing the other participants in shared ownership of the intention to sell his share, indicating the price and other conditions on which he sells it.
The application for state registration may be accompanied by documents confirming the refusal of the other participants in shared ownership to purchase a share and executed in the body that carries out state registration of rights, or notarized. In this case, state registration of the right to a share in common ownership is carried out regardless of the period that has elapsed since the seller notified the share of the other participants in shared ownership.
If documents confirming the refusal of the other participants in shared ownership to purchase a share are not attached to the application for state registration, the state registrar is obliged to suspend state registration until the expiration of a month from the date of notification by the seller of the share of the remaining participants in shared ownership, if on the day of filing the application for state registration such period has not expired.
Disputes between participants in shared ownership that have arisen during the state registration of the right to a share in common ownership are subject to resolution in court.
2. In the event that one of the co-owners applies for state registration of the redistribution of shares in the right of common ownership, a necessary condition for state registration of rights is the presence in writing of the consent of other co-owners whose shares in the right of common ownership are redistributed, unless otherwise provided by law or an agreement between the specified co-owners.
3. State registration of the emergence, transfer and termination of the right of common joint ownership of real estate is carried out on the basis of an application from one of the right holders, unless otherwise provided by the legislation of the Russian Federation or an agreement between the right holders.

4. Applications for state registration of the right of common shared ownership of investment unit holders to real estate constituting a unit investment fund (acquired for inclusion in the unit investment fund), restrictions (encumbrances) of this right or transactions with this property are submitted by the management company, in trust management which the mutual fund is located.
For the state registration of the right of common shared ownership of investment unit owners to real estate constituting a unit investment fund (acquired for inclusion in the unit investment fund), restrictions (encumbrances) of this right or transactions with this property, in addition to the documents required in accordance with this Federal Law, documents are submitted :
an extract from the register of mutual investment funds issued in accordance with the procedure established by Federal Law No. 156-FZ of November 29, 2001 "On Investment Funds" (hereinafter referred to as the Federal Law "On Investment Funds") no earlier than ten days before the date of submission of documents to the state registration;
license of the management company in trust management of which the unit investment fund is located (original or notarized copy);
the rules of trust management of a unit investment fund (an agreement of trust management of a unit investment fund) with all amendments and additions made to them, registered in the manner established by the Federal Law "On Investment Funds".
During state registration of the right of common shared ownership of an immovable property, the Unified State Register of Rights indicates that the owners of such an object are the owners of investment shares of the corresponding mutual investment fund (without indicating the names (names) of the owners of investment shares and the size of their shares in the right of common share ownership ).

Article 25

1. The right of ownership to the created real estate object is registered on the basis of documents confirming the fact of its creation.
2. The right of ownership to an object of construction in progress is registered on the basis of the documents specified in this article.
3. If the land plot allocated for the creation of an immovable property belongs to the applicant on the basis of the right of ownership, the applicant's ownership of the object of construction in progress is registered on the basis of documents confirming the ownership of this land plot, building permits, project documentation and documents containing a description of the object of construction in progress.
4. If the land plot allotted for the creation of an immovable property belongs to the applicant on a right other than the right of ownership, the applicant’s ownership of the object of construction in progress is registered on the basis of documents confirming the right to use this land plot, building permits, project documentation and documents containing a description of the object of construction in progress.
5. Has become invalid since September 1, 2006.
Article 25.1. State registration of contracts for participation in shared construction

1. For the state registration of contracts for participation in shared construction, along with the documents required for state registration in accordance with this Federal Law, documents describing the shared construction object with an indication of its location on the plan of the real estate object being created and the planned area of ​​the shared construction object are submitted.
2. State registration of an agreement for participation in shared construction, concluded by the developer with the first participant in shared construction, is carried out on the basis of an application from the parties to the agreement (developer, participant in shared construction). For the state registration of an agreement on participation in shared construction, concluded by the developer with the first participant in shared construction, along with the documents necessary for state registration of an agreement on participation in shared construction in accordance with this Federal Law, the developer shall submit:
1) building permit;
2) project declaration;
3) a plan of the immovable property object to be created, indicating its location and the number of residential and non-residential premises included in the immovable property object to be created, and the planned area of ​​each of these premises.
4) a suretyship agreement, if the developer has chosen a suretyship as a way to ensure the fulfillment of its obligations.
2.1. State registration of an agreement for participation in shared construction concluded by the developer with the first participant in shared construction apartment building and (or) another real estate object, is carried out no later than one month from the date of submission of the application and documents required for state registration of an agreement on participation in shared construction.
After the state registration of the first agreement on participation in shared construction, the state registration of subsequent agreements on participation in shared construction of the same apartment building and (or) other real estate object is carried out within no more than ten working days from the date of submission of the application and documents required for state registration of the participation agreement in shared construction.
3. An entry about the agreement on participation in shared construction (on its amendment, on termination, on the assignment of rights of claim under this agreement), the state registration of which is established by federal law, is made in subsection III of section containing entries on transactions, open to the land plot on which a real estate object is being built in the order of shared construction, the Unified State Register of Rights. During the state registration of an agreement on participation in shared construction, an entry is also made in this subsection about a pledge of a land plot or a pledge of the right to lease arising on the basis of federal law, indicating in the column "special marks" the extension of the right of pledge to the real estate object being created.
3.1. In addition to the cases provided for in paragraph 1 of Article 20 of this Federal Law, state registration of an agreement on participation in shared construction may be refused in the following cases:
1) availability of state registration of another agreement for participation in shared construction in relation to the same shared construction facility;
2) failure to submit a guarantee agreement, if during the state registration of an agreement on participation in shared construction concluded by the developer with the first participant in shared construction, the developer chose a guarantee as a way to ensure the fulfillment of its obligations under the agreement.
4. An application for entering into the Unified State Register of the rights to record the termination of an agreement on participation in shared construction may be submitted by one of the parties to the agreement on participation in shared construction, attaching documents confirming the termination of the agreement. In the event that a party to the agreement on participation in shared construction unilaterally refused to perform the agreement, a copy of the notification of the other party to the agreement on unilateral refusal to perform the agreement in the form of a registered letter with a mark of sending is attached to the application, and in case of termination of the agreement in court - a copy a court decision that has entered into legal force to terminate the contract, certified in the prescribed manner by the court that issued the decision. The state registration authority, when submitting an application by one of the parties to such an agreement, is obliged to notify the other party to the agreement in writing within a working day.

Article 25.2. Features of state registration of a citizen's right of ownership to a land plot provided for personal subsidiary, dacha farming, gardening, horticulture, individual garage or individual housing construction
1. State registration of the right of ownership of a citizen to a land plot provided before the entry into force of the Land Code of the Russian Federation for personal subsidiary, summer cottage farming, gardening, gardening, individual garage or individual housing construction on the right of ownership, life-long inheritable possession or permanent (termless) use or if the act, certificate or other document establishing or certifying the right of a citizen to a given land plot does not indicate the right on which such a land plot is granted, or it is impossible to determine the type of this right, is carried out taking into account the specifics established by this article.
2. The basis for state registration of a citizen's right of ownership to the land plot specified in paragraph 1 of this article is the following document:
an act on granting a given land plot to such a citizen, issued by a state authority or local government body within its competence and in the manner established by the legislation in force at the place of issuance of such an act at the time of its issuance;
an act (certificate) on the right of such a citizen to this land plot, issued by an authorized body of state power in the manner established by the legislation in force at the place of issuance of such an act at the time of its issuance;
an extract from the household book issued by the local self-government body confirming that such a citizen has the right to this land plot (in the event that this land plot is provided for maintaining a personal subsidiary farm);
another document establishing or certifying the right of such a citizen to this land plot.

3. A mandatory annex to the document submitted in accordance with this article is the cadastral passport of the relevant land plot.

4. State registration of the right of ownership of a citizen to the land plot specified in paragraph 1 of this article shall also be carried out if:
information on the area of ​​the land plot contained in the document submitted in accordance with this article does not correspond to the data of the cadastral passport of such a land plot;
the cadastral passport of such a land plot does not contain information about such a land plot in full, including information about the location of the boundaries of such a land plot, or this information needs to be clarified (including if this passport indicates that the area of ​​such a land plot is approximate, information about such a land plot does not allow unambiguously identifying such a land plot as an individually defined thing, information about such a land plot is subject to clarification, etc.).
5. State registration of the right of ownership of a citizen to the land plot specified in paragraph 1 of this article is not allowed if such land plot cannot be transferred to private ownership in accordance with federal law.
6. Requiring additional documents from the applicant for state registration of a citizen's right of ownership to the land plot specified in paragraph 1 of this article is not allowed.
7. State registration of the right of ownership of a citizen to the land plot specified in paragraph 1 of this article in the event that such a citizen has inherited or for other reasons the right of ownership to a building (structure) or structure located on this land plot, is carried out in accordance with the rules of this articles. At the same time, instead of a document establishing or certifying the right of such a citizen to this land plot, the following documents may be submitted as the basis for state registration of the right of ownership of such a citizen to this land plot:
certificate of the right to inheritance or other document establishing or certifying the right of ownership of such a citizen to the specified building (structure) or structure;
one of the documents provided for by paragraph 2 of this article and establishing or certifying the right of a citizen - any former owner of the said building (structure) or structure to this land plot.
Submission of the document provided for in paragraph two of this paragraph is not required if the right of ownership of such a citizen to the said building (structure) or structure is registered in accordance with the procedure established by this Federal Law.

Article 25.3. Peculiarities of State Registration of Ownership of Certain Real Estate Objects Being Created or Being Created

1. The grounds for state registration of the right of ownership to a real estate object being created or created, if for the construction, reconstruction of such a real estate object in accordance with the legislation of the Russian Federation the issuance of a construction permit is not required, as well as for the state registration of a citizen's right of ownership to an individual housing construction, created or created on a land plot intended for individual housing construction, or created or created on a land plot located in the border locality and intended for personal subsidiary farming (on a personal plot of land), are:
documents confirming the fact of creation of such a real estate object and containing its description;
a document of title to the land plot on which such an object of immovable property is located.
Submission of a document of title to the specified land plot is not required if the applicant's right to this land plot was previously registered in accordance with the procedure established by this Federal Law.
2. A mandatory annex to the documents submitted in accordance with paragraph 1 of this article is the cadastral passport of the land plot on which the corresponding immovable property being created or created is located.
Presentation of the cadastral passport of the specified land plot is not required if:
the right to the specified land plot was previously registered in accordance with the procedure established by this Federal Law;
the specified land plot is intended for dacha farming or gardening, and if a conclusion of the board of the relevant horticultural or dacha non-profit association is submitted, confirming that the real estate object being created or created is located within the boundaries of the specified land plot;
for the construction, reconstruction of the relevant real estate object being created or created, it is not required, in accordance with the legislation of the Russian Federation, to issue a construction permit or the specified land plot is intended for personal subsidiary farming and if a conclusion of the local government body of the corresponding settlement or urban district is submitted, confirming that the created or the created real estate object is located within the boundaries of the specified land plot.
3. A document confirming the fact of the creation of an immovable property object on a land plot intended for dacha farming or gardening, or the fact of the creation of a garage or other immovable property object (if the construction, reconstruction of such an immovable property object is not required in accordance with the legislation of the Russian Federation to issue a permit for construction) and containing a description of such an immovable property is a declaration on such an immovable property.
4. Documents confirming the fact of creating an object of individual housing construction on a land plot intended for individual housing construction, or the fact of creating an object of individual housing construction on a land plot located within the boundaries of a settlement and intended for conducting personal subsidiary farming (on a personal plot of land), and containing a description of such an object of individual housing construction, are the cadastral passport of such an object of individual housing construction and the permission of the local government to put such an object of individual housing construction into operation or, if such an object of individual housing construction is an object of construction in progress, a building permit. Until January 1, 2010, the cadastral passport of an individual housing construction object is the only document confirming the creation of such an individual housing construction object on the specified land plot and containing its description.
5. Requiring from the applicant an additional document for state registration of a citizen’s right of ownership to the real estate object specified in paragraph 1 of this article (construction permits, if such an object is not an object of construction in progress, a document confirming the information entered in the declaration on the real estate object, or similar document) is not allowed. At the same time, the absence of this document cannot be a basis for suspending the state registration of rights to such an immovable property or for refusing this state registration.

Article 26
1. State registration of the lease of immovable property is carried out through the state registration of the lease agreement for this immovable property.

One of the parties to the real estate lease agreement may apply for state registration of a real estate lease agreement.
2. If a land plot (subsoil plot) or a part of it is leased, a cadastral passport of the land plot is attached to the lease agreement submitted for state registration of rights, indicating the part of it leased.

3. In the event that a building, structure, premises in them or parts of premises are rented out, cadastral passports of the building, structures and premises, respectively, indicating the size of the leased area, are attached to the real estate lease agreement submitted for state registration of rights. The lease agreement for the premises or part of the premises is registered as an encumbrance on the rights of the lessor of the relevant premises (part of the premises).

Article 27. State registration of easements
1. State registration of easements is carried out in the Unified State Register of Rights on the basis of an application from the owner of real estate or the person in whose favor the easement is established, if the latter has an easement agreement. The easement comes into force after its registration in the Unified State Register of Rights.

2. If the servitude relates to a part of a land plot or other real estate object, the documents specifying the content and scope of the servitude shall be accompanied by a cadastral passport of such a real estate object, on which the scope of the servitude is marked, or a cadastral extract of such a real estate object containing the entered to the state real estate cadastre, information about the part of such a real estate object, which is covered by the scope of the servitude.
If the easement applies to the entire land plot, the provision of a cadastral passport of the land plot or a cadastral extract of the land plot is not required.

Article 28

1. Rights to immovable property established by a court decision are subject to state registration, in which the state registrar has the right to refuse only on the grounds specified in paragraphs four, six, seven, nine, ten, eleven and twelfth of paragraph 1 of Article 20 of this Federal Law.
2. In cases where the rights to an object of immovable property are disputed in court, the state registrar makes an entry in the column "Special Marks" that a particular person has claimed the right to claim in respect of these rights.
In the absence of reasons preventing the state registration of the transfer of a right and (or) a transaction with an immovable property object, the existence of a litigation on the registered right is not a basis for refusing state registration of the transfer of this right and (or) a transaction with an immovable property object.

3. Copies of decisions and rulings of courts that have entered into legal force in relation to rights to immovable property are subject within three days to mandatory sending by the judicial authorities to the body that carries out state registration of rights.
The bodies that have seized immovable property are obliged to send a certified copy of the decision to seize the property within three days to the body that carries out the state registration of rights.
State registration of arrests of immovable property is carried out without payment of state duty.
A copy of the decision (determination, resolution) on the seizure of immovable property received by the body that carries out the state registration of rights is the basis for state registration of the restriction of the right, which is carried out without the application of the right holder. The body carrying out the state registration of rights within a period not later than five working days from the date of state registration of the restriction of the right is obliged to notify the right holder in writing about the state registration, indicating the grounds for the state registration of the restriction of the right.

4. A copy of a court decision that has entered into legal force, by which a citizen is limited in legal capacity or declared incompetent, is subject to mandatory sending by the judicial authorities to the state registration body within three days.
Information about the family members of the owner of this dwelling living in the dwelling, who are under guardianship or guardianship, or the minor family members of the owner of this dwelling, left without parental care, are sent by the guardianship and guardianship body to the state registration authority within three days from the date of establishment of guardianship or guardianship, or from the day when the body of guardianship and guardianship became aware of the absence of parental care.

Article 29. State registration of a mortgage

1. State registration of a mortgage is carried out on the basis of an application by the pledgor or pledgee after the state registration of the pledgor's real rights to immovable property.
The application of the mortgagor or mortgagee shall be accompanied by a mortgage agreement together with the documents specified in the agreement.
2. The state registration of a mortgage may be refused in cases where the mortgage of the immovable property specified in the agreement is not allowed in accordance with the legislation of the Russian Federation and if the content of the mortgage agreement or its annexes required documents does not meet the requirements of state registration of rights to real estate and transactions with it.
3. During the state registration of a mortgage, data on the pledgee, the subject of mortgage, the value of the obligation secured by the mortgage or data on the procedure and conditions for determining this value shall be indicated.
4. A mortgage registration entry shall be canceled on the basis of an application by the legal holder of the mortgage bond, a joint application of the pledgor and the pledgee, or on the basis of a court decision that has entered into legal force.
5. Features of the state registration of a mortgage may also be established by the mortgage law.

Article 30. Trust management and guardianship related to real estate
Any rights to real estate related to its disposal on the terms of trust management or guardianship must be registered only on the basis of documents defining such relations, including on the basis of contracts or a court decision.

Article 30.1. State registration of the right of ownership to a land plot when delimiting state ownership of land
1. State registration of the ownership right of the Russian Federation, a constituent entity of the Russian Federation or a municipality to a land plot when delimiting state ownership of land is carried out on the basis of an application from an executive body of state power or a local self-government body or a person acting on their behalf.
The application indicates the basis for the emergence of the right of ownership of the Russian Federation, a constituent entity of the Russian Federation or a municipality to a land plot.

2. The list of documents required for state registration of the right of ownership of the Russian Federation, a subject of the Russian Federation or a municipality to a land plot when delimiting state ownership of land is approved by the Government of the Russian Federation.

Article 30.2. State registration of termination of ownership of a land plot due to renunciation of ownership of it
1. State registration of the termination of the right of ownership to a land plot due to the renunciation of the right of ownership to it is carried out on the basis of an application from the owner of the land plot.
2. The application shall be accompanied by a document of title to the land plot. The provision of a document of title to a land plot is not required if the ownership of such a land plot was previously registered in accordance with the procedure established by this Federal Law. The provision of a cadastral passport for such a land plot is also not required.
3. In the event of state registration of the termination of the right of ownership to a land plot due to the renunciation of the right of ownership to it, which was not previously registered in the Unified State Register of Rights to Real Estate and Transactions Therewith, the rules of paragraph 2 of Article 6 of this Federal Law shall not apply.
4. Within five days from the date of state registration of the termination of the right of ownership to a land plot due to the waiver of the right of ownership to it, the body carrying out state registration of rights is obliged to send a notification about this to the state authority of a constituent entity of the Russian Federation, if in accordance with the Land Code of the Russian Federation, such a land plot belongs to the property of a constituent entity of the Russian Federation, or to a local self-government body, if in accordance with the Land Code of the Russian Federation such a land plot belongs to the property of a municipal formation, as well as to the person who filed an application for waiver of ownership of such a land plot.

Chapter V. Responsibility for State Registration of Rights to Real Estate

Article 31

1. Bodies carrying out state registration of rights, in accordance with this Federal Law, are responsible for the timely, complete and accurate performance of their obligations specified in this Federal Law, as well as for the completeness and authenticity of the information provided on registered rights to real estate and transactions with him, unreasonable (not corresponding to the grounds specified in this Federal Law) refusal to state registration of rights or evasion of state registration of rights.
The federal body in charge of state registration, in accordance with this Federal Law, is responsible for the timeliness and accuracy of entries on the right to an enterprise as a property complex, an object of immovable property located on the territory of more than one registration district, in the Unified State Register of Rights, for unreasonable (not corresponding the grounds specified in this Federal Law) refusal to state registration of rights and evasion of state registration of rights to these real estate objects, for the completeness and authenticity of the information issued on the rights to real estate and transactions with it.
2. Persons guilty of intentional or negligent distortion or loss of information about the rights to real estate and transactions with it, registered in the prescribed manner, are liable for material damage caused in connection with this by any of the parties, in accordance with the legislation of the Russian Federation. Federation.
3. Harm caused to individuals or legal entities as a result of improper execution by the bodies carrying out state registration of the rights assigned to them by this Federal Law of the duties, including as a result of entering into the Unified State Register of the rights of records that do not comply with the law, other legal act, establishing rights documents, is reimbursed at the expense of the treasury of the Russian Federation in full.

Article 31.1. Grounds for payment by the Russian Federation of compensation for the loss of ownership of a dwelling
1. The owner of a dwelling who is not entitled to claim it from a bona fide purchaser, as well as a bona fide purchaser from whom the dwelling was claimed, shall have the right to a one-time compensation at the expense of the treasury of the Russian Federation.
2. The compensation provided for in paragraph 1 of this article shall be paid if, for reasons beyond the control of the said persons, in accordance with a court decision that has entered into legal force to compensate them for the damage caused as a result of the loss of the property specified in this article, recovery under the executive document was not made within one year from the date of the beginning of the calculation of the period for presenting this document for execution. The amount of this compensation is calculated from the amount constituting the real damage, but cannot exceed one million rubles.
3. The procedure for the payment by the Russian Federation of the compensation provided for in paragraph 1 of this article shall be established by the Government of the Russian Federation.

Chapter VI. Final and transitional provisions

Article 32
1. Government of the Russian Federation:
approves the federal program for the phased development of the system of state registration of rights to real estate and transactions with it;
determines the federal executive bodies of the Russian Federation responsible for preparing regulatory documents and methodological materials, coordinating the interaction of justice institutions for registering rights and bodies for recording real estate objects in the system of state registration of rights to real estate and transactions with it in accordance with this Federal Law;
approves the Approximate regulation on the establishment of justice for the registration of rights to real estate and transactions with it;
not later than three months before the entry into force of this Federal Law approves the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions Therewith.

2. Subjects of the Russian Federation:
have the right to delegate to local governments part of their powers in the field of organizing a system of state registration of rights provided for by this Federal Law;
gradually introduce a system of state registration of rights, for which they carry out the necessary structural and functional transformations and use bodies (organizations) for state registration of rights that register certain rights and record real estate objects.

Article 33
1. This Federal Law shall enter into force throughout the territory of the Russian Federation six months after its official publication. Not later than the specified period, the bodies carrying out state registration of rights are required to start maintaining the Unified State Register of Rights and issuing information on registered rights.
Pending the adoption of the relevant federal laws based on the provisions of paragraph 1 of Article 131 of the Civil Code of the Russian Federation, the current procedure for registering rights to aircraft and sea vessels, inland navigation vessels, and space objects shall apply.

2. The creation of a system of institutions of justice for the registration of rights to real estate and transactions with it is carried out by the constituent entities of the Russian Federation in stages, taking into account their conditions and is completed by January 1, 2000.
3. Propose to the President of the Russian Federation within three months to bring the legal acts issued by him into conformity with this Federal Law.
4. Instruct the Government of the Russian Federation within six months to bring the regulatory legal acts issued by it into conformity with this Federal Law, to adopt regulatory legal acts that ensure the implementation of this Federal Law.
5. Until laws and other regulatory legal acts are brought into line with this Federal Law, the laws and other regulatory legal acts in force on the territory of the Russian Federation shall apply insofar as they do not contradict this Federal Law.
6. This Federal Law shall apply to legal relations that have arisen after its entry into force.
With regard to legal relations that arose before the entry into force of this Federal Law, it applies to those rights and obligations that arise after its entry into force.
7. Prior to the creation of a system of electronic exchange of information between the bodies carrying out state registration of rights, information on registered rights to real estate is provided at the place of state registration of rights.

8. Pending the entry into force of the federal law establishing the collection of state fees for state registration of rights, a fee shall be charged for state registration of rights. The amount of the said fee, the procedure for its collection and transfer to the federal budget shall be established by the Government of the Russian Federation.

9. The provisions provided for by Article 31.1 of this Federal Law on the payment by the Russian Federation of compensation for the loss of ownership of residential premises shall apply if the state registration of the right of ownership of a bona fide purchaser to residential premises was carried out after January 1, 2005.

10. Cadastral plans, technical passports, other documents that contain a description of real estate objects and issued in accordance with the procedure established by the legislation of the Russian Federation before March 1, 2008 for the purposes related to the implementation of the appropriate state registration of rights to real estate and transactions with it, are recognized as valid and have equal legal force with cadastral passports real estate objects.

President of the Russian Federation B. Yeltsin

FZ-122 "On state registration of rights to real estate" is considered obsolete. To date, of the entire law, consisting of 6 chapters, there is only one article - article 31.1. This law will become completely invalid on January 1, 2020. It will be replaced by the law of July 13, 2015 - FZ-218. This replacement is justified by the law of June 3, 2016 - FZ-316.

Before the loss of strength, the law consisted of 6 chapters. They described general provisions law, bodies controlling the process of approving rights to real estate, its procedure, responsibility, as well as final and transitional provisions.

A description of the law, its latest changes, as well as an alternative Federal Law, in connection with the abolition of Federal Law-122, will be described in the article.

Description of the law

FZ-122 regulated the registration of rights to real estate, as well as transactions conducted with this type of property. The registration law established such concepts as real estate, pattern and servitude. The law consists of six chapters. On the this moment, chapters 1 to 4, and 6 are no longer valid. Only the only article of the fifth chapter is valid - article number 31.1.

On July 15, 2016, there was a change in the law on state registration. Based on it, the process of fixing the rights to real estate will be certified by an extract from the USRR. The statement will be available in paper or electronic form. The extract will serve as the only confirmation of the owner's rights to the property.

Text of FZ-122

You can download FZ-122 from the link provided. This law contains only one valid article - on the basis of compensation payments by the Russian Federation for the loss of ownership of housing. The Unified State Register of Rights to Real Estate and Transactions with it will contain all information about the owner, object of the transaction, title documents, as well as the date of the transaction.

Download FZ 122

From 2020, registration of rights to real estate will be carried out in accordance with Federal Law-218. It can also be downloaded from the link below.

Recent changes to FZ-122

The main changes to FZ-122 took place on January 1, 2017. Starting from this date, chapters one through four, article 31, and also the sixth chapter were excluded from FZ-122. Art. 31.1. It is planned to be canceled in 2020, thereby completely abolishing FZ-122.

Article 31

The article establishes the responsibility of the bodies that fix the rights of a citizen to real estate. Responsibility for damage caused to a citizen is borne by employees of the registration authority for real estate rights. The consequences of the damage that was caused due to the unqualified actions of these bodies are compensated from the treasury of the Russian Federation in full.

The article is no longer valid.

Article 31.1

The article tells about the grounds for paying compensation to a citizen in case of loss of his rights to own property classified as immovable. The payment is made from the budget of the Russian Federation. According to the article, a bona fide buyer from whom housing has been claimed can request compensation. Compensation is requested once, at the expense of the treasury of the Russian Federation.

Compensation is paid when, for reasons beyond the control of the recoverer, the recovery of the executive document was not carried out for 1 calendar year. The term is calculated from the expected delivery of the document to the citizen. This statement is valid from the day when the document should have been handed over to the citizen. Compensation cannot exceed one million rubles.

The procedure for paying compensation is provided for in paragraph 1 of Art. 31.1.

This article is going to be abolished on January 1, 2020. The FZ-218 issued on July 13, 2015 will become an alternative to the Federal Law. According to the new Federal Law, the registration of a transitional right will be simplified, and the possibility of registering a contract of sale, donation will be abolished.

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