Federal Law 122 FZ of state registration. Federal law on state registration of rights to real estate and transactions with it

the federal law dated July 21, 1997 N 122-FZ "O state registration 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, 5, 31 December 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 in the course of 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 rights. 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 bodies and all objects that are connected with land so 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 copyright holder in the exercise of ownership or other property rights to a specific immovable property (easement, mortgage, trust management, lease, seizure of property, and others);
easement - the right of limited use of someone else's immovable property, for example, for the passage, laying and operation of necessary communications and other needs that cannot be provided without establishing an easement. An easement as a real right to a building, structure, or premise may exist outside of the 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 an immovable property object (land plot, building, structure, residential or non-residential premises), as a result of which it receives such characteristics that make it possible to unambiguously distinguish it from other real estate objects. Accounting for an immovable property 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 occurrence, limitation (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 real estate 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 on rights to each real estate object established by this Federal Law in the Unified State Register of Rights to Real Estate and Transactions with It (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 appropriate entries on rights in the Unified State Register of Rights.

4. State registration of rights is carried out at the location of immovable property within the registration district, unless otherwise provided by this Federal Law.
5. The refusal of state registration of rights or the evasion of the state registration by the relevant body may be appealed by an interested person in 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 issued in accordance with them, other regulatory legal acts of the Russian Federation.
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 formed by 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 shall adopt normative legal acts on the stage-by-stage creation of bodies carrying out state registration of rights to real estate and transactions with it.

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

1. Property rights and other property rights to real estate and transactions with it are subject to state registration 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 state registration of real rights to real estate, restrictions (encumbrances) of rights to it, including servitude, mortgage, trust management, and lease, are subject to state registration.
Restrictions (encumbrances) of rights to real estate arising on the basis of an agreement or an act of a public authority or an act of a local self-government body are subject to state registration in cases stipulated by law.
2. Obligatory state registration shall be subject to the rights to immovable property, the documents of title to which were drawn up after the entry into force of this Federal Law.

Article 5. Participants in relations arising from state registration of rights to real estate and transactions with it
Participants in relations arising from state registration of rights to real estate and transactions with it are 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 Earlier Arising Rights

1. Rights to immovable property that arose prior to the entry into force of this Federal Law shall be recognized 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 individual 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 transitions that arose after the entry into force of this Federal Law given right, its limitation (encumbrance) or a transaction with an immovable property made after the entry into force of this Federal Law.
State registration of the right to an immovable property that arose before the entry into force of this Federal Law and the state registration of the transfer of this right, its limitation (encumbrance) or transactions with the immovable property after the entry into force of this Federal Law, or transactions with the immovable property are carried out not later than within one month from the date of submission of the relevant applications and other necessary for state registration of the right, transfer of the right, its limitation (encumbrance) or the documents made after the entry into force of this Federal Law.
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 paying a state duty.
In other cases provided for by paragraph 2 of this article, for the state registration of the right to an immovable property that arose before the entry into force of this Federal Law, a state duty is levied in an amount equal to half the established amount of the state duty for state registration of rights.
3. Ownership of immovable property acquired by virtue of acquisitive prescription, is 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 in nature. 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 statement (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 accordance with the established procedure, must contain a description of the real estate object, registered rights to it, as well as restrictions (encumbrances) of rights, information about the legal claims existing at the time of issuance of the extract and the rights of claim declared in court in relation to this object real estate.
In the extract from the Unified State Register of Rights, containing information about the land plot on which the real estate object is created, which includes residential and non-residential premises that are the subject of contracts for participation in shared construction, in addition to information about the mortgage, the presence of registered contracts for participation in shared construction is indicated with a list of shared construction objects, as well as corporate names (names) of legal entities - participants in shared construction, surnames, names, patronymics of individuals - participants in shared construction.
2. The body carrying out 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 can 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 during the working day following the day of applying for such information.
3. Information about the content of documents of title, with the exception of information about restrictions (encumbrances), generalized information about the rights of an individual to his existing real estate, extracts containing information about the transfer of rights to real estate, as well as information about recognizing the copyright holder as incompetent or limited capable are provided in the manner prescribed by law only:
the copyright holders themselves or their legal representatives;
physical 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 power bodies of the constituent entities of the Russian Federation;
tax authorities within the territories under their jurisdiction;
courts, law enforcement agencies, bailiffs-executors who have cases related to real estate objects and (or) their rightholders in the proceedings;
persons entitled to inherit the property of the rightholder by will or by law;
the federal antimonopoly body and its territorial bodies within the territories under the jurisdiction of these territorial bodies.
To the 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 testator's rights to real estate objects is also provided at the request of a notary in connection with the opening of an inheritance.
4. The body that carries out state registration of rights is obliged, upon the request of the copyright holder, to provide him with information about the persons who received information about the immovable property to which he has rights.
The information specified in this clause is provided to the copyright 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 prejudices the rights and legitimate interests of rightholders, 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 rightholders.
Statistical information also includes information on the total number of state-registered real estate transactions concluded in a certain territory for a certain period, generalized information on the subjects of such transactions without information identifying a specific person or on the objects of such transactions, information on the average price of acquiring rights to real estate property and other similar information.

Article 8. Conditions for obtaining information on registered rights to immovable property and their accounting data

3. State authorities of the constituent entities of the Russian Federation and local self-government bodies, organizations (bodies) for registering immovable property, bodies for registering state and municipal property, other organizations that have information necessary for state registration of rights to immovable property, within a period not more than ten days from the date of application are obliged to provide such information to rightholders and bodies carrying 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.
Property protection authorities cultural heritage send to the authorities that carry out state registration of rights to real estate and transactions with it, information about real estate classified as cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as cultural heritage sites) or to identified cultural heritage sites subject to state protection until a decision is made to include them in the unified state register of cultural heritage objects (hereinafter - identified cultural heritage objects), on the decision to include the identified cultural heritage object or on the refusal to include the identified cultural heritage object in the unified state register of cultural heritage objects, the peculiarities that constitute the subject of protection of the specified 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 frame 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. Bodies carrying out state registration of rights to real estate and transactions with it

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 regulation approved by the federal executive body in the field of justice.
The structure of state registration bodies 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 when it carries out state registration of rights in the cases provided for in paragraph 1 of this article, and the bodies for state registration include:
checking the validity of the documents submitted by the applicant and the availability of the corresponding rights of the person who prepared the document or the authority;
verification of the presence 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 the order established by the Government of the Russian Federation, ownerless immovable things;
issuance of copies of contracts and other documents expressing the content of unilateral transactions made in simple written form to copyright holders, upon their applications in writing.

4. The federal executive body authorized in the field of state registration, its territorial bodies, unless otherwise provided by the legislation of the Russian Federation, shall be 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 with the image of the State Emblem of the Russian Federation and with their own name.
6. Abolished from January 1, 2005.

Article 10. Powers of the federal body in the field of state registration
Federal body in the field of state registration:
coordinates and controls the activities of state registration authorities;

ensures that the state registration authorities comply with the Rules for maintaining the Unified State Register of Rights, as well as the creation and functioning of a 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 authorities;
appoints and dismisses state registrars who head territorial divisions of state registration bodies;
provides training and advanced training for employees of state registration authorities;
carries out state registration of rights to immovable property in the cases established by this Federal Law;

exercise other powers established by law.

Article 11. Payments for state registration of rights. Financing of state registration authorities
1. For state registration of rights in accordance with tax legislation, a state fee is charged.
2. A fee is charged for providing information on registered rights, issuing copies of contracts and other documents expressing the content of unilateral transactions made in simple written form.
The size of the specified fee, the procedure for its collection, crediting to the federal budget are established by the Government of the Russian Federation.

3. Financing of state registration bodies 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. Unified state register of rights to real estate and transactions with it
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 immovable property, data on these objects and information on rightholders.
An integral part of the Unified State Register of Rights are cases that include documents of title to real estate, and books of records of documents.

The case of title documents is opened for each real estate object. The file contains all documents received for registration of rights to the specified object.
Document books contain data on:
documents accepted for registration about the immovable property, rightholders, registered rights 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 entries on rights to immovable property, the emergence, transfer and termination of such rights, restrictions (encumbrances) are identified in the specified register by the cadastral number of the immovable property.
The case of title documents is identified by the same number as the corresponding section of the Unified State Register of Rights.
In the event that a cadastral number is not assigned to the immovable property in the prescribed manner, the identification of the immovable property in the Unified State Register of Rights is carried out using a conditional number that is assigned to it by the body carrying out state registration of rights on the basis of a regulatory legal act of the federal executive body in the region justice.

The 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 that maintains 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 of storage by the body carrying out state registration of rights, sections of the Unified State Register of Rights, cases of title documents and books of records of documents, as well as the procedure for their transfer for permanent storage to the state archives is determined by the Government of the Russian Federation.
If the sections of the Unified State Register of Rights, documents stored in the files of title documents, and books for registering 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 comes into legal force or after the expiry of the period for appealing the decision or ruling on the termination of the criminal case, the court or 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 keeping books of records of documents and files 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 about each object of immovable property. The section opens at the beginning of registration of rights to an immovable property and is identified by the cadastral or conditional number of this object.
The sections of the Unified State Register of Rights are arranged in accordance with the principle of a single object of immovable property. Sections containing information about buildings, structures and other immovable property that are 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 has 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 classification of the real estate object as cultural heritage or identified objects cultural heritage.
In subsection II, entries are made on the transactions on the alienation of real estate objects subject to state registration, as well as on the ownership and other property rights to each immovable property, the name (title) of the copyright holder, the data of the identity card of the individual and the details of the legal entity, the address specified by the rightholder, 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, records are made on the restrictions (encumbrances) of ownership and other rights to real estate (easement, mortgage, trust, lease, seizure of property, statement of the right of claim in relation to the real estate object and others), the date of entry, the name of the state registrar and his signature. The entries on the restrictions (encumbrances) of the right indicate the content of the limitation (encumbrance), the period of its validity, the persons in whose favor the rights are limited, the amount of the loan issued for the mortgage (pledge), the amount of rent upon alienation of real estate, the name of the document on the basis of which the rights arise limitation (encumbrance) of the right, the time 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 the transactions, the prices of transactions. For an object of cultural heritage or an identified object of cultural heritage, the content of the obligations to preserve the object of cultural heritage or the identified object of cultural heritage, the name of the document on the basis of which a record was made on the content of these obligations are indicated.
When applying for state registration of a right, restriction (encumbrance) of a right or a transaction with a real estate object, a record is made about this application in the column "Special notes" of the Unified State Register of Rights, which indicates the existence of a legal claim in relation to this object.
If the state registration body has information on the recognition of citizens as incapable or partially capable, as well as information on the family members of the owner of this residential premises living in the residential premises, who are under guardianship or guardianship, or minor family members of the owner of this residential premises, who are left without parental care , records about this are made in the column "Special notes" of the Unified State Register of Rights.
7. Each record about the right, its restriction (encumbrance) and the transaction with the real estate object is identified by the registration number. Such a number arises when documents are received for state registration of rights 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 maintained on paper media, and in those areas (cities) where there are opportunities, and on magnetic media.
If there is a discrepancy between records on paper and magnetic media, the record on paper has priority.
Amendments to the entries of the Unified State Register of Rights that do not correspond to the document of title are made in the manner prescribed by Article 21 of this Federal Law.
9. In the event of division, merger or separation of the immovable property, about re- 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 being opened.
In 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. Procedure for state registration of rights

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 the payment of the state duty;
legal examination of documents and verification of the legality of the transaction;
establishment of 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 the indicated 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 property rights and other property rights with the rights of third parties may be carried out at the initiative of rightholders or persons acquiring these rights. If the restriction (encumbrance) is not registered by the rightholder, 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 rightholder (rightholders) of the registered restriction (encumbrance).
State registration of restrictions (encumbrances) of rights established in accordance with legislation in the public interest by public authorities and local authorities is carried out at the initiative of these bodies with the obligatory notification of the rightholder (rightholders) of the real estate object. The notification of the rightholder (rightholders) of the real estate object is carried out by the body carrying out state registration of rights, within a period not exceeding five working days from the date of state registration.
State registration of the transfer of rights to an immovable property, its restrictions (encumbrances) or transactions with immovable property is possible subject to the presence of 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 rights to this real estate object, while simultaneously submitting applications and documents required for 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 agreement.

Article 14. Certificate of state registration of rights
1. The carried out state registration of the origin 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 the 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.

The forms of the certificate of state registration introduced by individual constituent entities of the Russian Federation and city administrations prior to the establishment of a single form of certificate are recognized as legally valid.

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

3. The state registrar is a federal civil servant.
The peculiarities 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 rightholder, the parties to the agreement or a person authorized by him (them) if he has a notarized power of attorney, unless otherwise provided by federal law.
In the event that 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 the right is submitted by the person in respect of whom the specified 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 made at the request of the other party. Losses incurred as a result of suspension of state registration of rights shall be borne by the evading party.
State registration of the right to immovable property that arose before the entry into force of this Federal Law is carried out on the basis of an application from the copyright holder or a person authorized by him.
The submission of applications for state registration of limitation (encumbrance) of rights, as well as transactions related to the limitation (encumbrance) of rights, shall be carried out in the manner established by Clause 2 of Article 13, Clause 1 of Article 26, Clause 1 of Article 27 and Clause 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 carrying 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 required for its implementation.
3. In the case of state registration of rights to real estate belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, state authorities, local authorities, 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, municipality for state, municipal real estate 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 levying a state duty.
4. Together with the application for state registration of rights and documents on rights to real estate, a document confirming the payment of the state duty 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 its 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 book of documents indicating the date and time of receipt of such documents with an accuracy of a minute.
6. The applicant is issued a receipt for receiving 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 receipt 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 accepting documents. The transaction is considered registered, and the legal consequences are deemed to have occurred from the date of the entry of the transaction or the right into the Unified State Register of Rights.

Article 17. Grounds for state registration of rights

1. The grounds for state registration of the presence, occurrence, termination, transfer, limitation (encumbrance) of rights to real estate and transactions with it are:
acts issued by state 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 immovable property, made in accordance with the legislation in force in the place of location of immovable property at the time of the transaction;
acts (certificates) on the privatization of residential premises, committed in accordance with the legislation in force at the place of privatization at the time of its commission;
certificates of the right to inheritance;
entered into legal force judicial acts;
acts (certificates) on rights to real estate issued by authorized government bodies 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 previous rightholder in accordance with the legislation in force at the place of transfer at the time of its commission;
other documents that, in accordance with the legislation of the Russian Federation, confirm the existence, occurrence, termination, transfer, limitation (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 with an indication of 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 earlier and has been placed in the relevant case of title documents.
The verification of the legal force of the rights of title documents submitted for state registration 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, except for those specified in the previous paragraph, if the documents submitted by him meet the requirements of Article 18 of this Federal Law and unless otherwise provided by the legislation of the Russian Federation.
The list of documents required for state registration of rights established by this article should be available for review by interested parties.

Article 18. Requirements for documents submitted for state registration of rights
1. Documents establishing the existence, occurrence, termination, transfer, limitation (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 required 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 the registered right 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 abbreviation, indicating their location. Surnames, names and patronymics of individuals, addresses of their places of residence must be written in full.
3. Documents that have erasures or postscripts, 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 an 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 carrying out activities for maintaining the state land cadastre, and plans for other real estate - by the relevant organization (body) for registering real estate objects.
The updated data on the boundaries and area of the land plot can be entered into the Unified State Register of Rights without re-registration on the basis of information provided by the body carrying out activities for the maintenance of the state land cadastre, subject to the written consent of the rightholder (s) of the land plot or on the basis of an application from the rightholder ...
In the event of a dispute between the body that maintains the state land cadastre and the rightholder, the 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 presence, occurrence, termination, transfer, restriction (encumbrance) of rights, shall be submitted in at least two copies - originals, one of which, after state registration of rights, must be returned to the copyright holder, the second is placed in the case of title documents.
For the 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 copyright 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 the right is placed in the case of title documents.
Other documents necessary for state registration of rights (with the exception of acts of state authorities and acts of local self-government bodies, as well as acts of courts establishing rights to real estate) shall be 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 establishing rights to real estate, shall be submitted for state registration of rights in at least two copies, one of which, after state registration of rights, must be returned to the rightholder.
A certificate of state registration of rights, a mortgage and other documents are issued to the rightholder - an individual or a representative of the rightholder if the latter has a notarized power of attorney confirming his authority to obtain such documents, unless otherwise provided by federal law.
If the rightholder is a legal entity, a certificate of state registration of rights, mortgage and other documents are issued to a person who has the right to act without a power of attorney on behalf of the 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 obtain such documents, unless otherwise provided by federal law.

Article 19. Grounds for suspension of state registration of rights
1. The state registration of rights is suspended by the state registrar if he has doubts about the existence of grounds for state registration of rights, as well as about the authenticity of the documents submitted or the reliability of the information specified in them. The state registrar is obliged to take the necessary measures to obtain additional information and (or) confirm the authenticity of documents or the reliability of the information specified in them. The state registrar is obliged, on the day of the decision to suspend the state registration of rights, to notify the applicant (s) in writing about 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 the documents and the reliability of the information specified in them.
2. In the cases specified in Clause 1 of this Article, the state registration of rights may be suspended for no more than a month (not counting the period specified in Clause 3 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 in state registration of rights and make an appropriate entry about this in the book of documents.
3. State registration of rights may be suspended for no more than three months on the basis of a written application from the rightholder, the party (parties) to the transaction or a person authorized by him (them) if he has a duly 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 course of 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 in the new period.
The 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 in the event that the other party to the agreement did not apply with such an application. If within the specified period the reasons that prevent the state registration of rights are not eliminated, the state registrar is obliged to refuse the parties to the contract in state registration of rights and make an appropriate entry about this in the book of documents.
The state registrar is obliged, on the day of the decision to suspend the state registration of rights, in writing, notify the parties to the agreement on the suspension of state registration of rights and the grounds for making such a decision.
4. In accordance with the procedure established 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 the introduction of a corresponding 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 making an entry in the Unified State Register of Rights or making a decision 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 immovable property or a prohibition to perform certain actions with the immovable property, state registration of rights is suspended until the arrest or prohibition is lifted in the manner prescribed by law.
The state registrar is obliged, within no more than five working days from the date of suspension of state registration of rights, to notify the applicant (s) in writing of the suspension of state registration of rights and of the grounds for suspension of state registration of rights.

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

5. If the state registration of the right is refused, the paid state fee for the state registration of the right is not refundable. Upon termination of the state registration of rights on the basis of the relevant statements 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 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 an error is discovered or a written statement about an error in the records is received from any interested person. Participants in relations arising from state registration of rights, within the same period, without fail in writing, receive information about the correction of a technical error. Correction of a technical error made during 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 rightholders or third parties who relied on the corresponding 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 the copyright holders or third parties who relied on the corresponding registration records, such correction is made by decision of the court, arbitration court.

3. If, as a result of a technical error, individuals or legal entities have suffered harm, such harm 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. Rights to land plots and other immovable property that are part of the enterprise as a property complex, their restrictions (encumbrances), transactions with these immovable property are subject to state registration in the Unified State Register of Rights at the location of these objects in the manner prescribed 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 the right to the enterprise as a whole and transactions with it are carried out by the federal body in the field of state registration.
The registered transfer of the right to the enterprise, the restriction (encumbrance) of the right to the enterprise are the basis for making entries on the transfer of rights, on the restriction (encumbrance) of the right to each immovable property 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 on the rights to an enterprise as a property complex and transactions with it in the Unified State Register of Rights and interaction between bodies carrying out state registration of rights are determined by the federal executive authority in the field of justice.

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 apartment buildings is at the same time state registration of the inextricably linked right of common shared ownership of common property.

Article 24. State registration of the right of common ownership of immovable property

1. When a share in common ownership is sold to an outsider, documents confirming that the seller of the share notified the other participants in shared ownership in writing of his intention to sell his share, indicating the price and other conditions on which he is selling it, are attached to the application for state registration.
The application for state registration may be accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share and issued in the body that carries out state registration of rights, or notarized. In this case, the state registration of the right to a share in common property is carried out regardless of the period that has elapsed since the seller notifies the share of the remaining participants in shared ownership.
If the application for state registration is not accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share, the state registrar is obliged to suspend state registration before the expiration of a month from the date the seller notifies the share of the remaining participants in shared ownership, if on the day of filing an application for state registration this period has not expired.
Disputes between participants in shared ownership arising during state registration of the right to a share in common property 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 property 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 property are redistributed, unless otherwise provided by law or by an agreement between the said co-owners.
3. State registration of the emergence, transfer and termination of the right to common joint ownership of real estate is carried out on the basis of an application by one of the rightholders, unless otherwise provided by the legislation of the Russian Federation or an agreement between rightholders.

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

The legislation establishes uniform rules at the federal level, which must be enforced everywhere. No discrepancies allowed legal regulations, since registration and entry of data into a single register should be carried out in the same way, regardless of the place of circulation. 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 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;
the persons who have the further right to dispose and make transactions with the property are determined;
the aspects and norms of the administrative and documentary, procedural order of registration and entry of information about the object in the unified register are established.

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 the same rules and procedure.

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

The 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 real estate, but by contacting the interregional centers.
A list of state bodies that are involved and have the authority to register real estate objects on the ground is established.
The registration procedure is changed and determined, and adjustments are made in relation to the previous regulations.
The acquisition of individual rights when registering an object is regulated.
The degree of responsibility of executive bodies for refusing to register real estate is changing.
The norms and provisions of the transition period from the previous law to the new one, with the amendments made, must be carried out in accordance with the regulations specified in the law.

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

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 required 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, for entering data into the real estate register, it takes only seven days. Real estate objects now keep the history of all operations performed, starting with the commissioning of the property. The 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.

The innovations affected the owners of car and parking spaces. Citizens received the right to formalize their ownership on a general basis as their property.

Particular concerns arise with the electronic maintenance of a unified real estate database. The transition 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 to the developers. The main thing that has not been done in the new edition of the law is that it is possible to challenge the owner's right to property. There is no concept of undeniable 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 relevant for 30 days. Therefore, when making transactions, you should request a certificate literally the day before in order to reduce risks.

New rules for registering real estate

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 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 17 April, 3, 30 June, 18 July, 4, 18 December 2006, 24 July, 2, 18 October, 8, 23 November 2007, 13 May, 30 June, 22, 23 July 2008 .)

Accepted The 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, prohibitions established by law or authorized bodies in the manner prescribed by law, restricting the copyright holder in the exercise of ownership or other property rights to a specific object of immovable property (easement, mortgage, trust management, lease, concession agreement, seizure of property and others);
easement - the right of limited use of someone else's immovable property, for example, for the passage, laying and operation of necessary communications and other needs that cannot be provided without establishing an easement. An easement as a real right to a building, structure, or premise may exist outside of the 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.

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

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

Article 6. Recognition of Earlier Arising Rights

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 transfer of this right, its limitation (encumbrance), arising after the entry into force of this Federal Law, or a transaction with the object made after the entry into force of this Federal Law real estate.
State registration of the right to an immovable property that arose before the entry into force of this Federal Law and the state registration of the transfer of this right, its limitation (encumbrance) or transactions with the immovable property after the entry into force of this Federal Law, or transactions with the immovable property are carried out not later than within one month from the date of submission of the relevant applications and other necessary for state registration of the right, transfer of the right, its limitation (encumbrance) or the documents made after the entry into force of this Federal Law.
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 paying a state duty.
In other cases provided for by paragraph 2 of this article, for the state registration of the right to an immovable property that arose before the entry into force of this Federal Law, a state duty is levied in an amount equal to half the established amount of the state duty for state registration of rights.
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

2. The body carrying out 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 can be appealed by the person who applied for information to the court.
If the Unified State Register of Rights is kept 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 documents of title, with the exception of information about restrictions (encumbrances), generalized information about the rights of an individual to his existing real estate, extracts containing information about the transfer of rights to real estate, as well as information about recognizing the copyright holder as incompetent or limited capable are provided in the manner prescribed by law only:
the copyright 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 power bodies of the constituent entities of the Russian Federation;
tax authorities within the territories under their jurisdiction;
courts, law enforcement agencies, bailiffs-executors who have cases related to real estate objects and (or) their rightholders in the proceedings;
persons entitled to inherit the property of the rightholder by will or by law;
the federal antimonopoly body and its territorial bodies within the territories under the jurisdiction of these territorial bodies.
To the 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 testator's rights to real estate objects is also provided at the request of a notary in connection with the opening of an inheritance.
4. The body that carries out state registration of rights is obliged, upon the request of the copyright holder, to provide him with information about the persons who received information about the immovable property to which he has rights.
The information specified in this clause is provided to the copyright 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 prejudices the rights and legitimate interests of rightholders, 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 rightholders.
Statistical information also includes information on the total number of state-registered real estate transactions concluded in a certain territory for a certain period, generalized information on the subjects of such transactions without information identifying a specific person or on the objects of such transactions, information on the average price of acquiring rights to real estate property and other similar information.

Article 8. Conditions for providing information on state registration of rights and on real estate objects

1. Information on registered rights to immovable property 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 information on the registered rights to real estate objects to the bodies for registering 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 owners of these rights, on the restrictions (encumbrances) of these rights and on the persons in whose favor such restrictions (encumbrances) have been established, in accordance with Federal Law No. 221-FZ of July 24, 2007 " On the State Real Estate Cadastre "(hereinafter - 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 cadastre of real estate, 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 requests:
law enforcement agencies, courts, bailiffs-executors on pending criminal and civil cases;
bodies of state power of the constituent entities of the Russian Federation and bodies of local self-government;
tax authorities in the territory under their jurisdiction;
state bodies for control over the use and protection of lands and other natural resources;
bodies of state statistics;
the federal antimonopoly body and its territorial bodies in the territories under the jurisdiction of these territorial bodies;
The Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation;
organizations defined by the laws of the Russian Federation.
3. State authorities of the constituent entities of the Russian Federation and local self-government bodies, cadastral registration bodies, state and municipal property accounting bodies, 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 applications are obliged to provide such information to rightholders and bodies carrying 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 authorities for the protection of cultural heritage objects send to the authorities that carry out state registration of rights to real estate and transactions with it, information about real estate classified as cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as cultural heritage objects) or identified cultural heritage objects subject to state protection pending a decision on their inclusion in the unified state register of cultural heritage objects (hereinafter - the identified cultural heritage objects), on the decision taken to include the identified cultural heritage object or on the refusal to include the identified cultural heritage object in the unified state register objects of cultural heritage, on the features that constitute the subject of protection of the specified 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 frame established by the Government of Russia y Federation.

4. The body carrying out state registration of rights shall send a copy of the declaration on the immovable property object submitted in accordance with Article 25.3 of this Federal Law to the cadastral registration body or the organization (body) for registering immovable property 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. Bodies carrying out state registration of rights to real estate and transactions with it

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 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 is allowed with them at their location within the respective registration district by the state registration authority.
2. Bodies for state registration act on the basis of a general regulation approved by the federal executive body in the field of justice.
The structure of state registration bodies 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 when it carries out state registration of rights in the cases provided for in paragraph 1 of this article, and the bodies for state registration include:
checking the validity of the documents submitted by the applicant and the availability of the corresponding rights of the person who prepared the document or the authority;
verification of the presence 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 the order established by the Government of the Russian Federation, ownerless immovable things;
issuance of copies of contracts and other documents expressing the content of unilateral transactions made in simple written form to copyright holders, upon their applications in writing.

Article 10. Powers of the federal body in the field of state registration
Federal body in the field of state registration:
coordinates and controls the activities of state registration authorities;

Ensures that the state registration authorities comply with the Rules for maintaining the Unified State Register of Rights, as well as the creation and functioning of a 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 authorities;
appoints and dismisses state registrars who head territorial divisions of state registration bodies;
provides training and advanced training for employees of state registration authorities;
carries out state registration of rights to immovable property in the cases established by this Federal Law;

Exercises other powers established by law.

3. Financing of state registration bodies 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. Unified state register of rights to real estate and transactions with it

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 immovable property, data on these objects and information on rightholders.
An integral part of the Unified State Register of Rights are cases that include documents of title to real estate, and books of records of documents.

3. Sections of the Unified State Register of Rights, containing records of rights to 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 is assigned this object of immovable property in the implementation 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.
In the event that a cadastral number is not assigned to the immovable property in the prescribed manner, the identification of the immovable property in the Unified State Register of Rights is carried out using a conditional number that is assigned to it by the body carrying out state registration of rights on the basis of a regulatory legal act of the federal executive body in the region justice.

The 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 of storage by the body carrying out state registration of rights, sections of the Unified State Register of Rights, cases of title documents and books of records of documents, as well as the procedure for their transfer for permanent storage to the state archives is determined by the Government of the Russian Federation.
If the sections of the Unified State Register of Rights, documents stored in the files of title documents, and books for registering 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 comes into legal force or after the expiration of the period for appealing 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 keeping books of records of documents and files 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 about each object of immovable property. The section opens at the beginning of registration of rights to an immovable property and is identified by the cadastral or conditional number of this object.
The sections of the Unified State Register of Rights are arranged in accordance with the principle of a single object of immovable property. Sections containing information about buildings, structures and other immovable property that are 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 has three subsections.
Subsection I contains a brief description of each immovable property: address (location), type (name) of the object, its area (according to the cadastral passport of the immovable property or other document provided for by this Federal Law and containing a description of the immovable property), purpose and other the necessary information, including on the classification of the real estate object as cultural heritage objects or as identified cultural heritage objects.
In subsection II, entries are made on the transactions on the alienation of real estate objects subject to state registration, as well as on the ownership and other property rights to each immovable property, the name (title) of the copyright holder, the data of the identity card of the individual and the details of the legal entity, the address specified by the rightholder, 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, records are made on the restrictions (encumbrances) of ownership and other rights to real estate (easement, mortgage, trust, lease, concession agreement, seizure of property, statement of the right of claim in relation to the real estate object and others), the date of entry , the name of the state registrar and his signature. The entries on the restrictions (encumbrances) of the right indicate the content of the limitation (encumbrance), the period of its validity, the persons in whose favor the rights are limited, the amount of the loan issued for the mortgage (pledge), the amount of rent upon alienation of real estate, the name of the document on the basis of which the rights arise limitation (encumbrance) of the right, the time 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 the transactions, the prices of transactions. For an object of cultural heritage or an identified object of cultural heritage, the content of the obligations to preserve the object of cultural heritage or the identified object of cultural heritage, the name of the document on the basis of which a record was made on the content of these obligations are indicated.
When applying for state registration of a right, restriction (encumbrance) of a right or a transaction with a real estate object, a record is made about this application in the column "Special notes" of the Unified State Register of Rights, which indicates the existence of a legal claim in relation to this object.
If the state registration body has information on the recognition of citizens as incapable or partially capable, as well as information on the family members of the owner of this residential premises living in the residential premises, who are under guardianship or guardianship, or minor family members of the owner of this residential premises, who are left without parental care , records about this are made in the column "Special notes" of the Unified State Register of Rights.
7. Each record about the right, its restriction (encumbrance) and the transaction with the real estate object is identified by the registration number. Such a number arises when documents are received for state registration of rights and corresponds to the incoming number of documents accepted for registration.

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

9. In the event of a section, allocation of a share in kind or other actions with immovable property in accordance 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, allocation of a share in kind or other actions in accordance with the legislation of the Russian Federation with immovable property, the rights to which arose before the date of entry into force of this Federal Law, the provisions of Clause 2 of Article 6 of this Federal Law shall not apply.

Article 13. Procedure for state registration of rights

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;
establishment of 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 the indicated 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.

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

Article 15. State Registrar
1. Heads of state registration authorities - 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 state registration bodies (hereinafter also referred to as state registrars) are appointed and dismissed by the federal body in the field of state registration.
Other state registrars - employees of state registration authorities, including their territorial divisions (hereinafter also referred to as state registrars), are appointed and dismissed by the heads of state registration bodies - 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 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:
have a higher legal education and work experience in a legal specialty for at least three years or work experience in a body that carries out state registration of rights, at least two years, who have completed special courses;
with other higher education and work experience in the body that carries out state registration of rights, at least three years, who have completed special courses;
passed the qualification exam in accordance with the established requirements.

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 rightholder, 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, as well as at the request of the bailiff.
In the event that 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 the right is submitted by the person in respect of whom the specified acts have been adopted. If the rights arise on the basis of a notarized transaction or other notarial act performed by a notary, an application for state registration of the right may be submitted by the notary who performed the corresponding notarial act. If the rights arise on the basis of a judicial act or are exercised in the 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-executor.
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 the bailiff. Losses incurred as a result of suspension of state registration of rights shall be borne by the evading party.
State registration of the right to immovable property that arose before the entry into force of this Federal Law is carried out on the basis of an application from the copyright holder or a person authorized by him.
The submission of applications for state registration of limitation (encumbrance) of rights, as well as transactions related to the limitation (encumbrance) of rights, shall be carried out in the manner established by Clause 2 of Article 13, Clause 1 of Article 26, Clause 1 of Article 27 and Clause 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 carrying 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 required for its implementation.
3. In the case of state registration of rights to real estate belonging to the Russian Federation, constituent entities of the Russian Federation or municipalities, state authorities, local authorities, as well as legal entities and citizens have the right to act on their behalf.

The state registration of the rights of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation 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, municipal treasury, is carried out without levying a state duty.

4. Together with the application for state registration of rights and other documents submitted for state registration of rights, unless otherwise provided by federal law, a document confirming the payment of the state duty. 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 its 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 book of documents indicating the date and time of receipt of such documents with an accuracy of a minute.
6. The applicant is issued a receipt for receiving 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 receipt 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 accepting documents. The transaction is considered registered, and the legal consequences are deemed to have occurred from the date of the entry of the transaction or the right into the Unified State Register of Rights.

Article 17. Grounds for state registration of rights

1. The grounds for state registration of the presence, occurrence, termination, transfer, limitation (encumbrance) of rights to real estate and transactions with it are:
acts issued by state 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 immovable property, made in accordance with the legislation in force in the place of location of immovable property at the time of the transaction;
acts (certificates) on the privatization of residential premises, committed in accordance with the legislation in force at the place of privatization at the time of its commission;
certificates of the right to inheritance;
entered into legal force judicial acts;
acts (certificates) on rights to real estate issued by authorized government bodies 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 commission;
other documents that, in accordance with the legislation of the Russian Federation, confirm the existence, occurrence, termination, transfer, limitation (encumbrance) of rights.
A mandatory annex to the documents required 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. The submission of a cadastral passport of this immovable property is not required if the cadastral passport, plan of this immovable property or another document provided for by this Federal Law and containing a description of this immovable property, or in the case of state registration of rights to land plot- the cadastral passport or cadastral plan of such a land plot has already been submitted earlier and was placed in the relevant case of title documents.
The verification of the legal force of the rights of title documents submitted for state registration 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, except for those specified in the previous paragraph, if the documents submitted by him meet the requirements of Article 18 of this Federal Law and unless otherwise provided by the legislation of the Russian Federation.
The list of documents required for state registration of rights established by this article should be available for review by interested parties.
3. The grounds for state registration of ownership rights to immovable property 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, occurrence, termination, transfer, limitation (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 required for state registration of rights to real estate in Unified State Register of Rights. These documents must contain a description of immovable property and, unless otherwise established by this Federal Law, 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 specified by law.
2. The texts of documents submitted for state registration of rights must be written legibly, the names of legal entities - without abbreviation, indicating their location. Surnames, names and patronymics of individuals, addresses of their places of residence must be written in full.
3. Documents that have erasures or postscripts, 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 an 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 on the existence of a citizen's right to a land plot, submitted in accordance with Article 25.2 of this Federal Law, shall be established by the federal body in the field of state registration.
The form of a 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 of an immovable property includes 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 an immovable property, its connection to the networks of engineering and technical support, the cadastral number of the land plot on which such a real estate object is located.
In the event that, in connection with a change in information about an immovable property, it is required to make appropriate changes to subsection I of the Unified State Register of Rights, the updated data on such an immovable property shall be entered into the Unified State Register of Rights without re-registration on the basis of the submitted by the cadastral registration body in accordance with Part 1 of Article 15 of the Federal Law "On the State Real Estate Cadastre" of the document on the conducted state cadastral registration of such an object of immovable property. The revised data on such an object of immovable property can also be entered into the Unified State Register of Rights without re-registration on the basis of an application by the rightholder of such an immovable property and the attached cadastral passport of such an immovable property or an attached cadastral extract about such an immovable property containing the real estate entered in the state cadastre new information about such an object of immovable property.
The absence in the cadastral passport of a land plot provided for running a personal subsidiary, summer cottage, truck farming, gardening, individual garage or individual housing construction, or in the cadastral passport of a building, structure, premise or construction in progress, information about such an immovable property in the amount required in accordance with part 4 of Article 14 of the Federal Law "On the State Real Estate Cadastre" cannot be grounds for suspending the implementation of state registration of rights to such an object of immovable property or transactions with it, or to refuse to carry out this state registration.

Article 19. Grounds for suspension of state registration of rights

1. The state registration of rights is suspended by the state registrar if he has doubts about the existence of grounds for state registration of rights, as well as about the authenticity of the documents submitted or the reliability of the information specified in them. The state registrar is obliged to take the necessary measures to obtain additional information and (or) confirm the authenticity of documents or the reliability of the information specified in them. The state registrar is obliged, on the day of the decision to suspend the state registration of rights, to notify the applicant (s) in writing about 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 the documents and the reliability of the information specified in them.
The 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 documents submitted.
2. In the cases specified in Clause 1 of this Article, the state registration of rights may be suspended for no more than a month (not counting the period specified in Clause 3 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 in state registration of rights and make an appropriate entry about this in the book of documents.
3. State registration of rights may be suspended for no more than three months on the basis of a written application from the rightholder, the party (parties) to the transaction or a person authorized by him (them) if he has a duly 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 course of 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 in the new period.
The 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 in the event that the other party to the agreement did not apply with such an application. If within the specified period the reasons that prevent the state registration of rights are not eliminated, the state registrar is obliged to refuse the parties to the contract in state registration of rights and make an appropriate entry about this in the book of documents.
The state registrar is obliged, on the day of the decision to suspend the state registration of rights, in writing, notify the parties to the agreement on the suspension of state registration of rights and the grounds for making such a decision.
4. In accordance with the procedure established 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 the introduction of a corresponding 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 making an entry in the Unified State Register of Rights or making a decision 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 immovable property or a prohibition to perform certain actions with the immovable property, state registration of rights is suspended until the arrest or prohibition is lifted in the manner prescribed by law.
The state registrar is obliged, within no more than five working days from the date of suspension of state registration of rights, to notify the applicant (s) in writing of the suspension of state registration of rights and of the grounds for suspension of state registration of rights.

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

1. The state registration of rights may be refused 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 inappropriate person has applied for state registration of rights;
documents submitted for state registration of rights, in form or content, do not meet the requirements of the current legislation;
an act of a state body or an act of a local self-government body on the granting of rights to real estate has been declared invalid from the moment of its publication in accordance with the legislation in force at the place of its publication at the time of publication;
the person who issued the title document is not authorized to dispose of the right to this immovable property;
a person who has rights limited by certain conditions has drawn up a document without specifying these conditions;
a document of title on an immovable property indicates that the applicant does not have rights to this immovable property;
the rightholder did not submit an application and other necessary documents for state registration of a previously arisen right to an immovable property, the presence of which is necessary for state registration of the transfer of this right arising after the entry into force of this Federal Law, its limitation (encumbrance) or committed after the entry into force of this Federal the law of the transaction with the real estate object;
the documents required in accordance with this Federal Law for state registration of rights have not been submitted;
there are contradictions between the declared rights and already registered rights;
the implementation of state registration of property rights is not allowed in accordance with paragraph 5 of Article 25.2 of this Federal Law.

1.1. State registration of rights at the request of the bailiff-executor may be denied only on the grounds specified in paragraphs two, four, five, six, seventh, ninth, tenth, eleventh and twelfth of paragraph 1 of this article.
2. The presence of a judicial dispute about the boundaries of a land plot is not a ground for refusing state registration of rights to it.
3. When a decision is made to refuse state registration of rights to the applicant in writing, no more than five days after the end of the period established for considering the application, a message is sent about the reason for the refusal and a copy of the said message is placed in the case of title documents.
Denial of state registration of rights may be appealed by an interested person in court, arbitration court.

4. Before entering into the Unified State Register of Rights to record a transaction, a right or a restriction (encumbrance) of a right, or before a decision is made to refuse state registration of a right, consideration of an application (s) 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 about 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-executor 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-executor, it can be terminated only at the request of the bailiff-executor.

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

3. If, as a result of a technical error, individuals or legal entities have suffered harm, such harm 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 22.1. State registration of rights to hydraulic engineering 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 prescribed 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 graphical form.

Article 22.2. Features of state registration of rights to land plots formed during division, merger, redistribution land plots or allotment from land plots
1. The basis for state registration of property rights and other property rights to land plots formed in the course of division, merger, redistribution of land plots or allotment from land plots is:
1) a decision on the division or unification of land plots in state or municipal ownership;
2) an agreement on the division, on the merger, on the redistribution of land plots or on the allocation of 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 during the division or unification of land plots owned by one person is carried out on the basis of an application by such person. State registration of rights to land plots formed during the division, consolidation or redistribution of land plots in state or municipal ownership is carried out on the basis of an application from an 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 to whom such the land plots were provided in accordance with the Land Code of the Russian Federation.
3. Mandatory annexes to 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. The submission of a title document is not required if the right to the relevant land plot was previously registered in the manner prescribed 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 with respect to all land plots formed during the division, redistribution of land plots or allotment from land plots.
The provisions of this clause do not apply to state registration of rights to land plots formed during the division, unification of land plots or allotment from land plots provided to a horticultural, vegetable gardening or dacha non-profit association of citizens, as well as to land plots formed by the allocation of agricultural land plots jointly owned by more than five persons.
5. Simultaneously with the state registration of ownership and other property rights to the formed land plots, the state registration of restrictions (encumbrances) of rights to such land plots is carried out.
6. The lack of state registration of the right to a land plot, from which land plots are formed during division, merger, redistribution or allotment, is not an obstacle to the implementation of state registration of rights to the formed land plots. In the event that 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 plot from which such land plots were formed.
7. Simultaneously with an application for state registration of rights to 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 24. State registration of the right of common ownership of immovable property

1. When a share in common ownership is sold to an outsider, documents confirming that the seller of the share notified the other participants in shared ownership in writing of his intention to sell his share, indicating the price and other conditions on which he is selling it, are attached to the application for state registration.
The application for state registration may be accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share and issued in the body that carries out state registration of rights, or notarized. In this case, the state registration of the right to a share in common property is carried out regardless of the period that has elapsed since the seller notifies the share of the remaining participants in shared ownership.
If the application for state registration is not accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share, the state registrar is obliged to suspend state registration before the expiration of a month from the date the seller notifies the share of the remaining participants in shared ownership, if on the day of filing an application for state registration this period has not expired.
Disputes between participants in shared ownership arising during state registration of the right to a share in common property 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 common property right, a necessary condition for state registration of rights is the written consent of other co-owners, whose shares in the common property are redistributed, unless otherwise provided by law or by an agreement between the specified co-owners.
3. State registration of the emergence, transfer and termination of the right to common joint ownership of real estate is carried out on the basis of an application by one of the rightholders, unless otherwise provided by the legislation of the Russian Federation or an agreement between rightholders.

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

Article 25. State registration of ownership of the created object of immovable property

1. The ownership right to the created real estate object is registered on the basis of documents confirming the fact of its creation.
2. The ownership right to an object of construction in progress shall be 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 ownership, the applicant's title to the object of construction in progress is registered on the basis of documents confirming the ownership of this land plot, a construction permit, project documentation and documents containing a description of the object of construction in progress.
4. If the land plot allocated for the creation of an immovable property belongs to the applicant on a right other than ownership, the applicant's right of ownership to the object of construction in progress is registered on the basis of documents confirming the right to use this land plot, a construction permit, project documentation and documents containing a description of the object of construction in progress.
5. Abolished from September 1, 2006.
Article 25.1. State registration of contracts for participation in shared construction

1. 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 for state registration of contracts for participation in shared construction.
2. State registration of an agreement for participation in shared construction, concluded by a developer with the first participant in shared construction, is carried out on the basis of an application by the parties to the agreement (developer, participant in shared construction). For state registration of an agreement for participation in shared construction, concluded by a developer with the first participant in shared construction, along with the documents required for state registration of an agreement for participation in shared construction in accordance with this Federal Law, the developer shall submit:
1) a building permit;
2) project declaration;
3) a plan of the immovable property being created, indicating its location and the number of residential and non-residential premises included in the immovable property being created and the planned area of each of these premises.
4) a surety agreement, if the developer has chosen a surety as a way of securing 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) other 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 the contract for participation in shared construction.
After the state registration of the first agreement for participation in shared construction, state registration of subsequent agreements for participation in shared construction of the same apartment building and (or) other real estate object is carried out within a period of 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. A record on the contract for participation in shared construction (on its change, on termination, on the assignment of rights of claim under this contract), the state registration of which is established by federal law, is entered into the subsection III of section, which is open to the land plot, containing records on transactions. a real estate object is being built in the order of shared construction, the Unified State Register of Rights. During state registration of an agreement for participation in shared construction, an entry is also made in the specified subsection about the pledge of a land plot arising on the basis of federal law or a pledge of the lease right, indicating in the column "special marks" the extension of the right of pledge to the immovable property being created.
3.1. In addition to the cases provided for in paragraph 1 of Article 20 of this Federal Law, the state registration of an agreement for participation in shared construction may be refused in the following cases:
1) the presence of state registration of another agreement for participation in shared construction in relation to the same object of shared construction;
2) failure to submit a surety agreement, if during state registration of an agreement for participation in shared construction concluded by the developer with the first participant in shared construction, the developer has chosen a surety as a way to ensure the fulfillment of its obligations under the agreement.
4. An application for making an entry in the Unified State Register of Rights for the termination of an agreement for participation in shared construction may be submitted by one of the parties to the agreement for participation in shared construction with the attachment of documents confirming the termination of the agreement. In the event that a party to the contract for participation in shared construction unilaterally refused to execute the contract, a copy of the notice of the other party to the contract on unilateral refusal to fulfill the contract in the form of a registered letter with a mark of dispatch is attached to the application, and in case of termination of the contract in court - a copy a court decision that has entered into legal force on termination of the contract, certified in accordance with the established procedure by the court that made the decision. The state registration authority, upon submission of an application by one of the parties to such an agreement, must notify the other party to the agreement in writing within a working day.

Article 25.2. Features of state registration of a citizen's ownership of a land plot provided for running a personal subsidiary, country house, truck farming, gardening, individual garage or individual housing construction
1. State registration of a citizen's ownership of a land plot provided before the entry into force of the Land Code of the Russian Federation for running a personal subsidiary, country house, truck farming, gardening, individual garage or individual housing construction on the basis of ownership, inherited life or permanent (indefinite) use or if in the act, certificate or other document establishing or certifying the citizen's right to this land plot, 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 features established by this article.
2. The basis for state registration of a citizen's ownership right to the land plot specified in paragraph 1 of this article is the following document:
an act on the provision of this land plot to such a citizen, issued by a state authority or a local government body within its competence and in the manner prescribed by the legislation in force at the place of publication of such an act at the time of its publication;
an act (certificate) on the right of such a citizen to a given land plot, issued by an authorized government body in the manner prescribed by the legislation in force at the place of publication of such an act at the time of its publication;
an extract from the household book issued by the local government on whether such a citizen has the right to this land plot (if this land plot is provided for maintaining personal subsidiary plots);
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 corresponding land plot.

4. State registration of a citizen's ownership right to the land plot specified in paragraph 1 of this article is also 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 to unambiguously define such a land plot as an individually defined thing, information about such a land plot is subject to clarification, and the like).
5. State registration of a citizen's ownership right to the land plot specified in paragraph 1 of this article is not allowed if such a land plot cannot be granted to private ownership in accordance with federal law.
6. Requesting additional documents from the applicant for state registration of a citizen's ownership of the land plot specified in paragraph 1 of this article is not allowed.
7. State registration of a citizen's ownership right to the land plot specified in paragraph 1 of this article, if the right of ownership to a building (structure) or structure located on this land plot has passed to such a citizen by inheritance or for other reasons, shall be carried out according to 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 ownership right of such a citizen to this land plot:
a certificate of the right to inheritance or another 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 in paragraph 2 of this article and establishing or certifying the right of a citizen - any previous owner of the said building (structure) or structure to this land plot.
The submission of the document provided for in paragraph two of this clause is not required if the ownership right of such a citizen to the specified building (structure) or structure is registered in the manner prescribed by this Federal Law.

Article 25.3. Features of state registration of ownership of some created or created real estate objects

1. The grounds for state registration of ownership of a created or created object of immovable property, if for the construction, reconstruction of such an object of immovable property in accordance with the legislation of the Russian Federation, the issuance of a building permit is not required, as well as for state registration of a citizen's right of ownership of an individual 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 settlement and intended for running a personal subsidiary farm (on a personal plot of land) are:
documents confirming the creation of such a real estate object and containing its description;
a document of title to a land plot on which such an immovable property is located.
The submission of a title deed to the specified land plot is not required if the applicant's right to this land plot was previously registered in the manner prescribed 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 created or created real estate object is located.
The submission 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 running a dacha economy or gardening and if an opinion of the board of the corresponding horticultural or dacha non-profit association is submitted, confirming that the created or created immovable property is located within the boundaries of the specified land plot;
for the construction, reconstruction of the corresponding created or created real estate object, in accordance with the legislation of the Russian Federation, the issuance of a building permit is not required, or the specified land plot is intended for running a personal subsidiary farm and if an opinion of the local government of the corresponding settlement or urban district is presented, confirming that the created or the created immovable property is located within the boundaries of the specified land plot.
3. A document confirming the fact of the creation of an immovable property on a land plot intended for conducting a summer cottage or gardening, or the fact of creating a garage or other immovable property (if for the construction, reconstruction of such an immovable property, in accordance with the legislation of the Russian Federation, the issuance of a permit for construction) and containing a description of such an immovable property is a declaration of such an immovable property.
4. Documents confirming the fact of the creation of an individual housing construction object on a land plot intended for individual housing construction, or the fact of creating an individual housing construction object on a land plot located within the boundaries of a settlement and intended for running a personal subsidiary farm (on a personal land plot), 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 a permit of the local government to enter 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. Requesting an additional document from the applicant for state registration of the citizen's ownership right to the immovable property object specified in paragraph 1 of this article (building permit, if such an object is not an object of construction in progress, a document confirming the information entered in the declaration on the immovable property object, or similar document) is not allowed. At the same time, the absence of this document cannot be the basis for the suspension of state registration of rights to such an immovable property or for refusal of this state registration.

Article 26. State registration of lease of immovable property
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 can apply for state registration of the real estate lease agreement.
2. If a land plot (subsoil plot) or part of it is leased, a cadastral passport of the land plot with an indication of its part being leased is attached to the lease agreement submitted for state registration of rights.

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

Article 27. State registration of easements
1. The state registration of easements is carried out in the Unified State Register of Rights on the basis of an application by 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 easement refers to a part of a land plot or other real estate object, the documents that indicate the content and scope of the easement shall be accompanied by a cadastral passport of such a property object, which indicates the scope of the easement, or a cadastral extract on such a property containing to the state cadastre of real estate information about the part of such a real estate object to which the scope of the easement applies.
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. State registration of rights to immovable property established by a decision of a court, an arbitration court or an arbitration tribunal

1. The 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 twelve of paragraph 1 of Article 20 of this Federal Law.
2. In cases where the rights to the immovable property are contested in court, the state registrar in the column "Special notes" makes an entry that the right of claim on the part of a specific person has been declared in respect of these rights.
In the absence of reasons preventing the state registration of the transfer of rights and (or) a transaction with an immovable property, the existence of a litigation about the registered right is not a reason for refusing state registration of the transfer of this right and (or) a transaction with an immovable property.

3. Copies of decisions and rulings of courts in respect of rights to immovable property that have entered into legal force are subject to obligatory submission by the judicial authorities to the body that carries out state registration of rights within three days.
The bodies that have seized real estate are obliged to send a certified copy of the seizure decision to the body that carries out state registration of rights within three days.
State registration of seizures of immovable property is carried out without paying a state fee.
A copy of the decision (determination, resolution) on the seizure of immovable property received by the body carrying out state registration of rights is the basis for state registration of the restriction of the right, which is carried out without an application from the copyright holder. The body that carries out state registration of rights, no later than five working days from the date of state registration of the restriction of the right, is obliged to notify the rightholder in writing about the state registration, indicating the grounds for 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 his legal capacity or recognized as incompetent, is subject to a mandatory submission by the judicial authorities to the state registration authority within three days.
Information about the family members of the owner of this dwelling living in the dwelling, who are under guardianship or custody, or minor family members of the owner of this dwelling, who are left without parental care, are sent by the guardianship and guardianship authority to the state registration authority within three days from the date of establishment of guardianship or guardianship or from the day when the guardianship and guardianship authority became aware of the absence of parental care.

Article 29. State registration of mortgage

1. State registration of a mortgage is carried out on the basis of an application by the pledgor or the pledgee after the state registration of the property rights of the pledger to immovable property.
The mortgage agreement is attached to the application of the pledger or pledgee, 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 attached to it required documents does not meet the requirements of state registration of rights to real estate and transactions with it.
3. During state registration of a mortgage, data on the mortgagee, the subject of the mortgage, the value of the obligation secured by the mortgage, or data on the procedure and conditions for determining this value are indicated.
4. The registration record on the mortgage shall be canceled on the basis of an application by the legal owner of the mortgage bond, a joint application of the pledger and the pledgee, or on the basis of a court decision that has entered into legal force.
5. Peculiarities of state registration of mortgages may also be established by the law on mortgages.

Article 30. Trust management and guardianship related to immovable property
Any rights to immovable property related to its disposal under the terms of trust or guardianship should 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 ownership of a land plot during delimitation state property to the ground
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 by 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 ownership of the Russian Federation, the subject of the Russian Federation or the municipality to the land plot.

2. The list of documents required for state registration of property rights 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 approved by the Government of the Russian Federation.

Article 30.2. State registration of termination of ownership of a land plot due to a waiver of ownership of it
1. State registration of the termination of ownership of a land plot due to a waiver of ownership of 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 submission of a title deed to a land plot is not required if the ownership right to 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. When state registration of termination of ownership of a land plot due to a waiver of ownership of it, which was not previously registered in the Unified State Register of Rights to Real Estate and Transactions with it, 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 ownership of a land plot due to a waiver of ownership of it, the body carrying out state registration of rights is obliged to send a notification of this to the state authority of the constituent entity of the Russian Federation, if, in accordance with the Land Code of the Russian Federation Federation, such a land plot belongs to the property of a constituent entity of the Russian Federation, or to a local government body, if, in accordance with the Land Code of the Russian Federation, such a land plot belongs to the property of a municipal entity, as well as to a person who has submitted an application for waiver of ownership of such a land plot.

Chapter V. Responsibility for state registration of rights to real estate

Article 31. Responsibility for state registration of rights to real estate and transactions with it

1. The bodies carrying out state registration of rights, in accordance with this Federal Law, are responsible for the timely, complete and accurate fulfillment of their duties 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, unjustified (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 the field of state registration in accordance with this Federal Law is responsible for the timeliness and accuracy of records on the right to an enterprise as a property complex, an immovable property located on the territory of more than one registration district, in the Unified State Register of Rights, for unreasonable (not corresponding grounds specified in this Federal Law) refusal of 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 rights to real estate and transactions with it.
2. Persons guilty of deliberate or reckless 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.
3. Harm caused to individuals or legal entities as a result of improper performance by bodies carrying out state registration of the rights assigned to them by this Federal Law of the obligations, including as a result of entering into the Unified State Register of record rights that do not comply with the law, other legal act establishing 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 residential premises
1. The owner of a dwelling who is not entitled to claim it from a bona fide acquirer, as well as a bona fide acquirer from whom the dwelling was claimed, has 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 indicated persons, in accordance with a court decision that has entered into legal force on compensation for damage caused by the loss of the property specified in this article, the recovery under an executive document was not carried out 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 actual damage, but cannot exceed one million rubles.
3. The procedure for payment by the Russian Federation of 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. On organizational measures for the implementation of this Federal Law
1. The Government of the Russian Federation:
approves the federal program for the stage-by-stage 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 the preparation of regulatory documents and methodological materials, coordination of interaction between justice institutions for registration of rights and bodies for registration of 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 Institution of Justice for the registration of rights to real estate and transactions with it;
no 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 with It.

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

Article 33. On the entry into force of this Federal Law
1. This Federal Law shall enter into force throughout the territory of the Russian Federation six months after its official publication. No later than the specified period, the bodies carrying out state registration of rights are obliged to start maintaining the Unified State Register of Rights and issuing information on registered rights.
Until 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 is applied.

2. The creation of a system of institutions of justice for 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. To 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 normative legal acts issued by it into compliance with this Federal Law, to adopt normative legal acts ensuring the implementation of this Federal Law.
5. Until laws and other regulatory legal acts are brought into compliance with this Federal Law, laws and other regulatory legal acts in force on the territory of the Russian Federation shall be applied insofar as they do not contradict this Federal Law.
6. This Federal Law applies to legal relations arising after its entry into force.
For 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 for 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 where the state registration of rights was made.

8. Pending the entry into force of the federal law establishing the collection of state fees for state registration of rights, a fee is charged for state registration of rights. The size of the specified fee, the procedure for its collection, crediting to the federal budget are established by the Government of the Russian Federation.

9. The provisions stipulated in Article 31.1 of this Federal Law on the payment by the Russian Federation of compensation for the loss of ownership of a residential premises shall apply if the state registration of the property rights of a bona fide purchaser to a 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 were issued in accordance with the procedure established by the legislation of the Russian Federation before March 1, 2008 for purposes related to the implementation of the corresponding 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, which consists of 6 chapters, the only article is in force - Article 31.1. This law will completely expire 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 the general provisions of the law, the bodies that control the process of approval of 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 to transactions carried out with this type of property. The Registration Law established concepts such as real estate, design, and easement. The law is divided into six chapters. On this moment, chapters 1 through 4, and 6 are no longer valid. Only one article of the fifth chapter is valid - article number 31.1.

Since July 15, 2016, there has been a change in the law on state registration. On its basis, the process of fixing the rights to real estate will be certified by an extract from the Unified State Register. 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.

FZ-122 text

You can download FZ-122 at the link provided. This law contains only one effective article - on the basis of payments by the Russian Federation of compensation 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, the object of the transaction, title documents, as well as the date of the transaction.

Download ФЗ 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. The only effective article of the law is 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 citizen's rights to real estate. Responsibility for the damage caused to the citizen is borne by the employees of the real estate registration authority. The consequences of the damage that was caused due to the unskilled 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 he loses 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 the housing was 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 claimant, the collection under the court order has not been 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 was to be delivered to the citizen. The 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. An alternative to FZ will be the FZ-218 issued on July 13, 2015. According to the new Federal Law, the registration of the transitional right will be simplified, and the possibility of registering a sale and purchase agreement, donation will be abolished.