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The agreements that should be registered in the Unified State Register
The Unified State Register of Real Estate
The Unified State register of immovable property is a specialized source that is used to collect and keep information on the property and property rights. It works in the Russian
Federation and it is the successor of the Unified state register of the rights and state cadastre including them all.
You have to know that the contracts of sale are not registered anymore. The State register keeps only the transfer of the rights that is the result of deals. However the registration of the agreements is important for some types of deals:
- a tenancy or a subtenancy contract of the objects of property;
- agreement on cost-sharing arrangements in construction;
- the assignment of a contractual right on a tenancy or a subtenancy agreement or cost- sharing arrangements in construction.
Tenancy or a subtenancy contract of the property
A tenancy contract is an agreement according to it the owner of a property provides the property to the lessee for temporary use for the rent. Terms of a tenancy contract are used like the terms of subtenancy contract.
But not all tenancy contracts should be registered. In some cases, the tenancy or subtenancy agreements that concluded for at least 1 year period or without a period of validity can be not registered.
Agreement on cost-sharing arrangements in construction
An agreement on cost-sharing arrangements in construction is concluded between the prospective tenants and the property developer. Its main goal is to acquire the ownership right for an apartment or other premises after the construction object will be put into operation.
Legal obligations and rights which apply to the parties that concluded the contract are protected by law. It gives the possibility to avoid violation of the obligations and it is regulated by law on the protection of consumer’s rights № 214-FL.
The assignment of a contractual right on a tenancy or a subtenancy agreement or cost- sharing arrangements in construction
There is a specialized form that is a ground for correcting the terms of primary concluded contracts. Relevant principle for all legal documents implies the need to register both a contract and its applications. After that, they shall become effective. The assignment of a contractual right on a tenancy or a subtenancy agreement or cost-sharing arrangements in construction is included in this principle.
The assignment of a contractual right on a tenancy or a subtenancy agreement or cost- sharing arrangements in construction is a contract where one party of this agreement transfers its rights and obligations that were indicated in the document to another party.
It is important to know that after the process of registration in the Unified State Register of Real Estate any changes in the agreement can be included only with another one procedure like this with appeal to the same authority. There is an exception in case if a provisional contract was concluded. And in terms of this provisional contract, the obligation is imposed to conclude the main contract with the official registration.
What does it mean to register the contract or deal
The registration of the contract or deal is a process of legitimation of the rights, obligations and protections of the arrangements by legislation.
The documents that were registered have the registration stamp. It is important to know that the agreement that was not registered is in force for the parties since the moment of conclusion, but third parties only since the moment of registration.
The sales contract registration: what do you need to know?
It is important to know that the registration of the tenancy contract for a part of the construction when the rights are registered in the Unified State Register of Real Estate includes the cadastral register of this property within the registration of the contract of a tenancy of a part of the construction.
If the rights for a part of the property are transferred without the termination of ownership and the rights should not be registered. One of the parties can address with the appeal to register a tenancy contract for a part of the construction. All other contacts should be given by two parties.
In case if there is more than one person by the side of the lessee each of them can address with the application of the state registration.
What document do you need?
For registration in the Unified State Register of Real Estate you should have list of documents:
- the application form;
- founding papers of legal entity and extracts from the Uniform State Register of Legal Entities;
- the decision of the authorized institutions of the legal entity on the confirmation of a deal (in case if it is a huge purchase for this company);
- the copy of a passport of the natural person who represents the party of a contract;
- spousal consent of a natural person to conclude such agreement (in case if the person is married);
- The agreement itself and two or more copies;
- In case of tenancy contract with the right of purchase there should be Acts/Statements of Acceptance/Delivery and two or more copies;
- The documents that confirm the payment of taxes;
- notarized power of attorney if the documents are given by representative
The list of documents above can be changed in case of the registration of the agreement on cost-sharing arrangements of the object which have not yet been put into service.
Author is Alexander Tarkhnov