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We are considering your problem together and evaluating prospects of dispute.

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Legal briefing notes

Registration of real estate and property rights in Voronezh

Why do you need registration of real estate

According to the Russian legislation (namely article 130 Civil Code RF), immovable property is any land plots or the subsoil and any objects that are impossible to move without damages for their main function. It can be both finished and uncompleted buildings and also entities or car places of complexes of buildings of independent facilities.

Each of these objects requires registration of property rights in the Unified State Register of Immovable Property. Due to this procedure, the property will have a unique number and its host gets the rights to full disposal.

Federal law on the State Registration of property (The Law №218-FL from 01.01.2017) regulates all aspects of this question.

The process of registration of property rights

Every owner can receive a service of registration of property rights if he has a necessary package of documents.

The procedure of registration is in person without the help of a confidant. The Tsentralny Okrug Law Firm offers a full complex of services on registration of property rights such as:

  • the consultation on a procedure when the specialist studies the foundation documents for the registration of immovable property and advises on the way of conducting the procedure;
  • property processing when specialists prepare a necessary list of documents (agreements, extracts, certificates, corporate decisions and provide the necessary operations);
  • accompaniment during the procedure of registration of the rights on the property when the manager gives all necessary documents and controls the realization of the procedure at all stages and in case if it is needed he prepares additional documents.

For any needed details you could book free consultation filling the special form in our site. We will contact you soon. The price of the procedure depends on the object of property and difficulties that can appear during the process of registration.

The features of processing the property to register it in the Russian State Register

There are different cases that we’ve met in practice related to the there is no information on objects of property or its owners in the Unified State Register of Immovable Property.

The absence of the information in the Unified State Register of Immovable Property is because of the time that passed since the moment of the building of the object or the assertion of property rights. It can be related to the fact that the property or the rights were registered before 1997 (the adoption of Law No. 122-FL) or the rights or the object were not taken into account when the register was formed.

There are not any special problems because there is Law No. 218-FL and its article number 69 provides such situations. Such rights are recognized as legal and valid and should be included in the State Register of Immovable Property according to the will of the owner.

There are various difficulties in case of primary processing of property for example during its creation that includes conducting the cadastre. These situations include processing the home ownership rights or the legitimization of the self-entitled wings and making the new changes on parameters in the Unified State Register of Immovable Property. The absence of the registration of rights and the absence of the information on this property in the Unified State Register of Immovable Property can be a real obstacle for using such property in the process of its sale.

Some difficulties can appear during the redevelopment of a flat. In such case, you have to remember the standards of housing legislation and the fact that the redevelopment of the apartment is a subject of prior agreement with the controlling authorities. But even the inconsistent redevelopment can be legitimized in the legal order in case if there are not any violations of requirements of Construction Standards and Regulations.

The number of difficulties of the redevelopment can be the unexpected fact that the house where the apartment is located is one of the objects in the register of cultural heritage. And it needs an additional agreement with the authorized body and financial losses. Some difficulties can appear when privatizing the building stock (apartments or rooms). By the way, it can be allowed in the court order.

List of documents that you need during the process of registration of property rights and change of ownership

Below you can find a list of documents that you may need for any operations with the legitimization of property rights:

  • grounds documents for a change of ownership rights (minimum 3 copies, the quantity depends on the amount of the participants of a deal);
  • the confirmation of payment for a state tax for the process of registration of change of the ownership rights;
  • The application that requires state registration of the change of the ownership rights (from the seller and the buyer);
  • The documents that confirm the identity of the participants of a deal (the seller and the buyer);
  • a notary certified consent of the marital partner of the seller (in case if the property was bought in marriage);
  • The documentary confirmation of the rights for the representative (in case if the package of documents is provided by the representative).

Why should you choose us for the registration of the property?

  • we value the time of our clients a that is why we do our best in a short time;
  • The Tsentralny Okrug Law Firm is a company with a strong record that is underpinned by widespread public recognition. We are among the best in the rating of Pravo-300.
  • We give a free consultation and primary audit of provided documents.
  • We accompany each procedure starting form the receiving of documents to the getting of the extract from the Unified State Register of Immovable Property.
  • We consider all details and the nuances of a particular situation.

The lawyers of our company have a great and successful practice of the registration of property rights. When you contact us you save your time and energy and you can concentrate on your day-to-day tasks.

The key to a successful cooperation

Our specialists provide quality and inclusive implementation of all following stages to reach success:

  • Verification of the documents for any mistakes or inaccuracies and misinterpretations;
  • Preparation of the list of documents according to the legislation;
  • Payment of the state tax and the receiving the missing certificates and information;
  • Independent or with a client supply of prepared documents;
  • Receiving the extract in the Unified State Register of Immovable Property and delivery to the client. If you are going to register you property yourself you may have some risks as the owner of the property
  • You spend much time during the supply of the documents for the property rights registration;
  • You have to pay twice for the state tax if any mistakes or inaccuracies or the lack of information in the documents will be found out. And you may even get a formal exclusion for the property rights registration;
  • Because of the protection of your property rights you can end up in court in case if there are any third-parties claims;
  • You may lose your property rights as the consequence of the third-parties claims that appeared before the deal.

The possibility of wasting time and money and acquired property might be the effect of the lack of vision of legal prospects of the situation and legal qualification. As the example of such finesse can be extracts from the Unified State Register of Immovable Property on the certain facts (circumstances) that may not be obstacles for the registration of the property rights but may become a real problem for further operations. Such notes can be as special marks that are represented in the extract from the Unified State Register of Immovable Property. It may be:

  • Impossibility to register without personal participation of the owner of the object of property;
  • the existence of contradictions that related to the property rights
  • if there are any claims or other requirements that are related to the object of property.

These factors can influence the process and the final result and that is why it is important to consider them.
The fact of applying for registration of the property rights in case if there are any of such marks confirms that there was familiarization with them but you didn’t pay attention to them.

In case of such circumstances, the buyer may have the risk of losing the property rights and the object of property if this deal will appear in court. And the argument that you didn’t pay attention or you didn’t notice does not count.

Wasted time and money in such situations are higher than the price for legal services. The reason for the disappointing results may be the lack of experience and the fact that you didn’t pay attention to the important details in the agreement.

Do you have a difficult question? let's discuss it when we meet!
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