As of 2017, a new law regulating the registration of real estate comes into force. The innovations will create a unified mechanism within which cadastral registration and state registration of rights will be carried out. As a result, a mechanism will be launched to simplify the process of registering property.
New law on real estate registration in 2017
As part of the new law, the Unified State Register of Real Estate (USRN) is being created. This register will combine information from the real estate cadastre and the Unified State Register of Real Estate Rights. As a result, the Unified State Register will include:
- cadastre and cadastral maps;
- register of rights, books of account and register files;
- register of boundaries (including areas that have special uses);
The functions of registering rights and corresponding accounting of objects are assigned to representatives of Rosreestr. At the same time, the innovations provide for the simultaneous completion of all procedures, which greatly simplifies the process.
You can submit documents to complete the required procedure in two forms:
- Paper - in person or by mail to the Rosreestr authorities; using the services of a multifunctional center; to an authorized person.
- Electronic - through the Rosreestr website or the corresponding government services portal.
The register will be maintained primarily in electronic form, which will increase the protection and safety of information. Previously entered data will not be deleted; all versions of changes and edits to the registries will be stored in the Unified State Register. This rule also applies to registry matters. A register in non-electronic form is possible only in special cases - documents are submitted in paper form, and representatives of government agencies do not have the originals.
An extract from the Unified State Register will confirm cadastral registration or state registration of the transfer of rights. In this case, the corresponding inscription on the document will indicate the registration of the agreement. The new law does not provide for an additional certificate that confirms cadastral registration or state registration.
Additional benefits
Legislators have provided a mechanism for interdepartmental interactions, which will minimize the participation of the copyright holder. Changes to the register that are carried out by force of law (including judicial acts) will take place without additional notice. Information to Rosreestr will come from the relevant department.
The new law allows you to submit information when applying in person without reference to the location of the object. Anyone wishing to undergo state registration procedures will be able to contact a convenient department of Rosreestr or IFC.
Another change was a two-fold reduction in the time required to complete all necessary procedures. Within 5 working days after submitting documents, cadastral registration will be carried out; a similar period is provided for state registration of rights. This period will be increased by 2 working days. days to obtain the cadastre and for 4 working hours. day for state registration of rights, if the information is submitted not directly, but with the help of a multifunctional center. It is possible to carry out two processes simultaneously, with a total completion time of 10 working days. days (12 working days in case of registration through the MFC). The deadline for registration does not depend on the form of submission of documents.
The law clarifies the responsibility of Rosreestr if an error was made or registration was illegally denied. At the same time, Rosreestr will be able to issue a recourse if another body is to blame for this situation.
In addition, the new law describes the conditions for one-time compensation to the owner of the property, who, due to objective reasons, cannot claim it from a bona fide purchaser. This payment will be financed from the federal budget and cannot exceed 1 million rubles.
Innovations in the law on real estate registration in 2017
Since 2017, significant changes have been made to the process of registering real estate, which is reflected in the new law. As a result, a USRN is created that will combine information on cadastre registration and the register of property rights. Innovations will simplify the registration process:
- The time frame for registration and receipt of the cadastre is halved.
- You can submit the necessary documents in paper or electronic form. At the same time, it is not necessary to be tied to the location (subject to personal contact), which makes submitting information more convenient.
- Interactions between various departments will make it possible to make changes to judicial acts without notification from the copyright holder.
- The responsibility of Rosreestr in the event of errors or illegal refusal of registration has been clarified.
- Information is not deleted from the USRN database.
As a result, real estate registration will take place according to a simplified procedure, and it will become more accessible to more people who want to use this mechanism.
In 2016, radical changes took place in cadastral activities, affecting the law on the real estate cadastre, the law on real estate registration and many other acts. In addition, a new law on state cadastral valuation has been adopted, which will come into force in 2017.
Here you will learn about the main innovations and what they may mean for property owners, as well as organizations offering cadastral services.
Cadastral valuation will be transferred from private enterprises to budget ones
According to the new law No. 237-FZ, only budgetary institutions will be able to carry out cadastral state valuation. Commercial enterprises will not be able to independently assess the cadastral value of property.
This activity is considered high-tech and requires a general methodological approach. Also, the assessment should be accompanied by regular monitoring of market prices and verification of all information about the property. According to legislators, private appraisers do not have access to the necessary data. In addition, they are responsible for their work solely under a guarantee, which blurs the responsibility between the service provider, as well as the appraiser and SRO.
A new real estate register (USRN) has been formed
Information on cadastral registration of property and registration of rights to real estate will be contained in a unified accounting and registration system. The register will include the data that until 2017 was contained in the real estate cadastre and the Unified State Register. The new register will include: a cadastre, a register of real estate rights and a register of boundaries.
The register will now be maintained only in electronic form. This does not apply to register files, which will continue to be kept on paper.
A special system will be created to maintain the register
A federal state information system has been developed to maintain the register. The operator of this system is Rosreestr. It is within his authority to form and use it.
Only Rosreestr will keep records and register rights.
Rosreestr will exclusively maintain cadastral records and register rights. These functions are prohibited from being transferred to other institutions, even subordinate institutions. Until 2017, registration of rights is handled by Rosreestr, and cadastral registration by the Cadastral Chamber.
Amounts of payment for obtaining information from the Unified State Register of Real Estate
Order of the Ministry of Economic Development No. 291 of 2016 determined the amount of payment for obtaining data from the Unified State Register of Real Estate through the use of the Rosreestr information system. These innovations will take effect from the beginning of 2017.
For example, for viewing information from the register, citizens will have to pay 320 rubles, and organizations - 640. For viewing information, including the ability to generate a document, citizens will pay 400 rubles, and organizations - 800.
The procedure for filing an application for cadastral registration and registration of rights has been changed
Previously, any person could submit an application for cadastral registration of a created plot or a constructed building (structure). From 2017, the list of persons will be limited. It will depend on how accounting and registration are maintained - together or separately.
The application can be submitted by:
- The owner or possessor of the plot of land on which the building is located (if accounting and registration are carried out together).
- The authority or Rosatom that approved the commissioning of a capital structure (if the real estate is registered, but the right to it is not registered).
Another innovation is that if you apply in person, you can submit an application in any city in Russia, regardless of the location of the registered object. That is, if you live in Moscow, but are registering land in the Krasnodar Territory for yourself, then you can submit an application to the Rosreestr at your location.
Organizations no longer need to submit constituent documents
For cadastral registration and registration of rights, an organization will not need to submit constituent documents, since Rosreestr will begin to request them independently, as part of interdepartmental cooperation. Although, at the same time, a legal entity is not prohibited from filing papers on its own initiative.
The period for cadastral registration and registration of rights has been reduced
Now Rosreestr registers an object and registers rights in ten working days. Starting from 2017, the period will be:
- Five days - cadastral registration;
- Ten days - simultaneous accounting and registration;
- Seven days - registration of rights.
When submitting an application through the Multifunctional Center, two days will be added to the deadline.
New deadlines for registering a mortgage agreement
The old deadline will remain only for the registration of a residential mortgage agreement, and will continue to be five working days.
Mortgage agreements for plots of land, buildings, non-residential premises or parking lots will be registered within seven working days (not fifteen, as was the case before the changes were made).
However, if a mortgage agreement certified by a notary is registered, the period will be reduced to 3 working days.
Cadastral registration and registration of rights can be carried out both simultaneously and separately
If there is no information about property in the register, then it will be registered and registered at the same time, which was previously impossible. You can also register and register your rights at the same time:
- When constructing structures or forming a plot of land.
- When a registered object ceases to exist.
- When a part of the real estate is formed or ceases to function, with restrictions on rights and encumbrances subject to registration.
Rights to property, data about which is present in the register, will be registered without cadastral registration (for example, transfer of ownership or confirmation of rights that arose previously).
In addition, cadastral registration is possible without simultaneous registration of rights:
- When erecting a structure on the basis of approval for the commissioning of a capital facility received from the government authority or from Rosatom.
- Upon termination of the existence of real estate, the rights to which are not registered by Rosreestr.
- When the main characteristics of real estate change.
There will be only one reason for refusing to accept an application
Rosreestr will refuse to accept papers if the applicant’s identity cannot be reliably determined (they have not been presented with an identification document). The law does not provide for any other reasons.
In what situations will documents be returned without consideration?
The list of reasons for refusing to consider an application has now been clarified:
- The electronic application and documents do not comply with the format specified by law.
- The papers contain erasures, additions, crossing-outs, corrections, and damage.
- There is no signature of the applicant.
- The information system does not contain data on payment of the state duty or a receipt confirming payment.
- The register states that it is impossible to register a transfer, restriction of rights and encumbrance without the direct presence of the owner or representative.
Real estate can be registered and rights registered without the participation of the copyright holder
They can now register property and register rights without the participation of the owner or possessor - within the framework of interdepartmental cooperation. Authorities, courts, and notaries will now be able to submit applications to Rosreestr.
- Authorities - if it is decided to approve the results of a cadastral state valuation, establish or change the permitted use of a plot of land, assign it to a certain category of land or transfer a plot of land from one category to another.
- FMS - data on changes in information about a citizen.
- Federal Tax Service - data on changes in information about enterprises and individual entrepreneurs.
- Courts or bailiffs - a certified copy of the act.
- Notaries - information on the issuance of inheritance certificates.
Car spaces will be registered in the cadastral register as separate objects.
Car spaces are parts of buildings or structures that house transport (simply - parking lots). Now they will be registered, and the rights to them will be registered as separate real estate objects.
Previously, the owner of the parking lot could not be allocated his share in kind. The right to parking was registered only in the form of a share in the common ownership of the building or premises of which the parking is a part. And the size of the share was calculated in proportion to the size of the parking lot.
Since 2017, the owner of a parking space has the opportunity to register the right to it by allocating a share in kind and registering the parking lot as an independent object.
A single real estate complex and an enterprise, as a property complex, will also be registered as separate objects.
According to the cadastre law, information about complexes is not taken into account. At the same time, the rights to them must be registered, which cannot be done without registering them with the cadastral register. Accordingly, the complex is accounted for as a structure, and the buildings that are part of the enterprise are accounted for separately.
Cadastral registration of the complex and registration of rights are possible in the following cases:
- Completion of the construction of real estate for which operation in the form of such a complex is permitted according to the project documentation.
- Associations of objects with a single purpose and inextricably (physically or technologically) connected or located on the same plot of land.
Registration of ownership of an enterprise as a complex is permitted only after each object included in its composition has been registered.
If you want to know more details about these innovations, you can get a consultation by calling +7 495 929-70-60. If you do not want to delve into all these changes, order the necessary cadastral and registration services from our company, and specialists will perform all the necessary work without your direct participation, taking into account all legal requirements.
Photo from the site 4geo.ru
On January 1, 2017, a new law on state registration of real estate comes into force. It is expected that its norms will allow citizens and legal entities to register their property faster and easier. At first glance, this is indeed the case: the time frame for registering rights and cadastral registration will be reduced by almost half, the registration itself can be carried out in any region, regardless of the location of the object, and some entries will be entered into the register automatically. However, practicing lawyers believe that difficulties may arise with the application of some new rules, and recommend registering rights and putting the object on cadastral registration according to the old rules - there is still time to do this.
Legal regulation
In fact, from January 1, 2017, relations regarding the registration of real estate will be regulated by three laws at once: the new law on state registration of real estate and the current laws on state registration of rights to real estate and transactions with it and on the state real estate cadastre (Part 4 of Article 72 of the new Law on State Registration of Real Estate). Director of Legal AffairsBIND Therapeutics Tatyana Sitnova recommends that you pay particular attention to the list of documents that are necessary for registration and accounting: “They differ slightly in different laws, but do not contradict each other - which means you will need to provide them all.”
Maintaining the Unified State Register of Real Estate
The Unified State Register of Rights to Real Estate and Transactions with It (USRP) and the State Real Estate Cadastre (GKN) will be merged into the Unified State Register of Real Estate (USRN). For these purposes, it is planned to allocate 4,851 million rubles from the federal budget. However, it happens that the information in the Unified State Register and the State Property Committee often do not coincide, for example, a Novosibirsk road with a lawn, trees and bushes was marked in the Unified State Register as a real estate object (see ""), and in Kemerovo a motor ship converted into a cafe was almost recognized as real estate (see " "). In order for the correct entry to appear in the new register, it makes sense to check the Unified State Register and the State Tax Code (and, if necessary, correct the data specified there) before the beginning of next year. At the same time, the Unified State Register will be maintained exclusively in electronic form. Rosreestr also does not issue “property papers” since July 15.
A year ago, the courts emphasized that “in the aggregate, the register entries must correspond to the title and other documents submitted for state registration, and the information specified in the certificate of state registration of rights must correspond to the entries in the register” (resolution of the First Arbitration Court of Appeal dated July 27, 2015 in case No. A39-5198/2013). Now it is possible that if something happens to an entry in the register, in the absence of a certificate, the owner may have difficulty proving the fact of registration of his rights. “To prevent this from happening, I would advise periodically requesting extracts from registers and keeping them with you. But be prepared to spend money - one paper extract about a property from the Unified State Register of Real Estate will cost at least 750 rubles for citizens, 2,200 rubles for legal entities ", - warns General Director of the company "YurPartner" Anton Tolmachev.
Reliability of information
The new law declares the principle of reliability of information contained in the Unified State Register of Real Estate. “However, in reality it turns out that we are talking only about the reliability of the data provided. If, for example, the register does not contain information about the security zone of utilities, a water protection zone or other restrictions, this does not mean at all that they are not there. Accordingly, the price is worthless authenticity," states partner of the law firm Goltsblat BLP Vitaly Mozharovsky.
A year ago, the FSB proposed limiting third parties’ access to personal data of property owners. Although the Cabinet of Ministers froze this bill (see “”), its public discussions and independent anti-corruption examination are still ongoing on the Federal Portal of Draft Regulatory Legal Acts. “The coding of the names of high-ranking officials in the Unified State Register, which is not provided for by any laws, and persistent attempts to completely close information about the owners - well, what kind of reliability can we talk about here?” - asks Mozharovsky.
Indeed, since the end of 2015, the names of high-ranking officials began to disappear from existing registers. Thus, reports about this came from the Anti-Corruption Foundation and the Center for Anti-Corruption Research and Initiatives Transparency International. Nevertheless, it is obvious: the entry that a particular mansion belongs simply to an “individual” (and not to Ivan Ivanovich Ivanov) does not at all mean that it is owned by no one.
Real estate registration period
Today, registration of rights and cadastral registration take 10 working days, respectively (12 working days when submitting documents through the MFC). After the new law comes into force, the registration period will be reduced to seven working days (nine when submitting documents through the MFC), and the period for cadastral registration will be reduced to five working days (seven when submitting documents through the MFC). If registration of rights and cadastral registration take place simultaneously, then their total period will be 10 working days (12 working days - through the MFC). “This is, of course, good,” notes lawyer of the service "Document Designer FreshDoc.ru" Alina Tukhvatullina. “But such efficiency might lead to mistakes by the registrar when conducting a legal examination of the transaction. Moreover, the burden on Rosreestr is only increasing,” the expert fears. To avoid this, she advises conducting last-minute transactions and registering previously arisen rights now. “The time frame for registering rights and conducting cadastral registration is constantly decreasing. But I always stand for one thing: let’s say, even if the period is not five days, but 10, but this period will be real. And it’s not like it says five days, but in reality the registrars use some kind of loopholes, and this period becomes different,” he said Head of Department of PJSC Gazprom Alexey Kharlamov.
Extraterritoriality
From January 1, 2017, citizens and legal entities will have the opportunity to submit documents to any branch of Rosreestr, regardless of where the property is located. This is very convenient for companies that have huge amount premises and one head office, for example, in Moscow or St. Petersburg. “Everyone has been waiting for this innovation for a very long time. The only thing that is worrying is the flow of applications for registration of regional real estate in large cities - I’m afraid it could explode the technical and physical capabilities of registrars,” says Sitnova.
Commissioning of the facility
Current practice generally allows for obtaining permission to put into operation a newly created facility, even if the lease period for the land plot provided for the construction of this facility has expired. However, after January 1, 2017, this will become impossible - the new law explicitly states that commissioning must be carried out within the validity period of the relevant contract. But it will be possible to register the right to such an object after the end of the lease. “Given that since last year, land legislation has significantly limited the terms and possibilities for extending lease agreements for construction purposes, developers should pay very close attention to this innovation. After all, now, within the lease period, it will be necessary not only to have time to actually complete the object, but also to leave it for authorized bodies have enough time to issue all permits,” warns senior lawyer at the Law Office "Egorov, Puginsky, Afanasiev and Partners" Anton Alekseev.
Record on the formation of a land plot
“If you are planning to purchase a land plot formed from lands or a land plot, the state ownership of which is not demarcated, when submitting an application for state cadastral registration after January 1, 2017, I recommend that you definitely attach an application for state registration of property rights to it,” advises Managing Partner of the Law Firm "Murashov, Yashin and Partners" Denis Murashov. The fact is that after the new law comes into force, when cadastral registration of land plots, by default an entry will be made that these plots are formed from lands or a land plot, the state ownership of which is not demarcated. This means that such land belongs to the state, but it has not yet been determined - to a municipality, region or the Russian Federation. If this is not the case and the owner of the land in accordance with title documents is, for example, a legal entity, its rights may be violated. “In addition, before purchasing such a plot, be sure to ask on the basis of what documents the corresponding entry was made in the Unified State Register of Real Estate,” adds Murashov.
The new law on state registration of real estate, according to experts, has not only positive, but also very ambiguous norms. Thus, citizens should seriously think about: does it make sense to wait for it to come into force, or maybe it is better to quickly register their rights to real estate while the previous rules are still in effect?
| Comparison object | Until January 1, 2017 | After January 1, 2017 |
| Regulation | Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it", Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre" | Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it", Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre", Federal Law of July 13, 2015 No. 218- Federal Law "On State Registration of Real Estate" |
| Place of submission of documents for registration | Branch of Rosreestr at the location of the property | Any branch of Rosreestr, regardless of where the property is located |
| Real estate registration period |
Registration of rights - 10 working days (when submitting documents through the MFC - 12 working days) Cadastral registration - 10 working days (when submitting documents through the MFC - 12 working days) |
Registration of rights - seven working days (if submitting documents through the MFC nine working days) Cadastral registration - five working days (if submitting documents through the MFC, seven working days) With simultaneous registration of rights and cadastral registration - 10 working days (when submitting documents through the MFC 12 working days) |
| A state information resource that contains data on existing and terminated rights to real estate, copyright holders, the presence of encumbrances and other information |
Unified State Register of Rights to Real Estate and Transactions with It (USRP), State Real Estate Cadastre (GKN) |
Unified State Register of Real Estate (USRN) |
| Reliability of information | Not legally established | The principle of reliability of the information contained in the Unified State Register is declared |
| Record on the formation of a land plot | Not legally regulated | When cadastral registration of land plots, by default an entry will be made that these plots are formed from lands or a land plot, state ownership of which is not demarcated |
| Commissioning of a newly created facility upon expiration of the lease period for the land plot provided for the construction of this facility | Not regulated by law, but in practice it is allowed | Prohibited by Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate” |
How long to wait after submitting documents - have the deadlines for registering property rights changed?
Service delivery times have been reduced. In the case of filing one application for registration of rights and cadastral registration, both actions are carried out simultaneously within 10 days. If the applicant applies for one of these services, then registration of rights will be carried out within no more than 7 days, and registration with cadastral registration - no more than 5 days. If you contact the “My Documents” multifunctional center, the period for providing the service is extended by 2 days.
The new law also provides for a reduction in the time it takes to obtain an extract on a property. Information from the Unified State Register can be obtained within 3 days. The procedure for obtaining information from the Unified State Register does not differ from the existing procedure, that is, any interested person can request from it publicly available information about a real estate property in a way convenient for him.
Is it possible to submit documents for registration without registering the property with the cadastral register?
In accordance with the law, registering an object with cadastral registration is a prerequisite for registering ownership rights to it. Exceptional cases when it is permissible to register rights without registering an object for cadastral registration are determined by the law “On State Registration of Real Estate”.
This happens, for example, in cases when a piece of real estate, information about which is already contained in the Unified State Register of Real Estate, is sold, purchased, donated, or an encumbrance is placed (or removed) on it.
Cadastral registration without registration of rights is also possible in exceptional cases determined by law. For example, in connection with the termination of the existence of a real estate property, the rights to which are not registered in the Unified State Register of Real Estate (USRN), or in connection with a change in the main characteristics of the real estate property.
What fundamental innovations have appeared in the procedures for registering rights and accounting?
The innovation of the legislation is that citizens now have the opportunity submit one applicationto conductregistrationAndrights and cadastresWowaccountingand in relation to the same object. In this case, both actions will be performed simultaneously.
This is very convenient, especially in the case of land plots. For example, if the owner of a land plot does not sell it entirely, but a certain part. Previously, in order to sell, he had to either sell a share in the right to a land plot, or first allocate a part of his plot (carry out land surveying, register it with cadastral registration), and after registering part of the land plot with cadastral registration and making changes to the Unified State Register, sell the resulting part land plot. Now it is enough to allocate a certain part of the land plot by surveying it, and, together with the prepared boundary plan and purchase and sale agreement, submit documents for registration of the transfer of rights and cadastral registration.
What documents do I need to collect to apply for property registration?
To carry out registration of rights and cadastral registration, you must submit an application and a package of documents. The list and form of required documents can be found on the Rosreestr website.
Sample list of documents:
Application for registration of property rights (filled out by an employee of Rosreestr or MFC);
Document basis for the transfer of ownership (Agreement of purchase and sale, gift, exchange, Court decision and others);
Power of attorney for representatives (when submitting documents through representatives);
Receipt for payment of state duty (2 thousand rubles for individuals, 22 thousand rubles for legal entities);
According to the new law, Rosreestr independently requests the constituent documents of the legal entity that has applied for registration of the object and state registration of rights to it. The organization has the right to submit such documents on its own initiative.
The exact list of documents depends on the type and subjects of the transaction.
How has the procedure for submitting documents for registration changed?
The procedure for state registration of rights and cadastral registration for applicants and right holders has not become more complicated. Registration of rights and cadastral registration of real estate is carried out in the same manner as before January 1, 2017.
The new law provides for several ways to receive services: electronically, as well as in person at the office of the Federal Cadastral Chamber of Rosreestr and the “My Documents” multifunctional center.
In addition, you can receive documents under the new law remotely by courier delivery. To use this method, you need to make a special mark in the application at the time of submitting documents. In this case, the finished documents will be delivered to the property owner at any place and time convenient for him.
The changes affected the procedure for submitting documents for cadastral registration of real estate. If previously any person could submit an application for registration of a real estate property, now the new law establishes a list of persons based on whose applications real estate objects will be taken into account and the rights to them will be registered.
Yes, according to the provisions of the law An application in relation to a created (i.e. constructed) property can be submitted by the owner or other legal holder of the land plot on which such a property is located.
An application for cadastral registration or state registration and the necessary documents, as before, can be submitted:
In paper form - in person (to Rosreestr, through the MFC, at an on-site reception) or by mail (to Rosreestr);
In the form of electronic documents - through a single portal of public services or the official website of Rosreestr.
According to the new law, only Rosreestr and its territorial bodies will carry out cadastral registration of real estate and register rights to it. Prior to this, state registration of rights to real estate and transactions with it was carried out by Rosreestr, and cadastral registration was carried out by the Cadastral Chamber for the constituent entities of the Russian Federation subordinate to it.
contrastwerkstatt/Fotolia
1. More reliable protection of purchases under DDU
Of course, we need to start with the main law in the field of new constructionek. January 1, 2017 enteredsilt updated214-FZ“On participation in shared construction of apartment buildings and other real estate”. Amendments to the law contain new requirements for development companies. INin generalclarifications and additionsaimed at protecting the rights of citizenswhich areparticipantami shared construction. TNow construction companies will have to constantly update information about their activities. In addition, the developer’s authorized capital must correspond to the planned volume of developmentyki and cannot be less than 2.5 million rubles."NaibMore important changes concern “protection”equity holder's funds.Ffinancesmust be involved either in special escrow accounts (that is, used before the transfer of the finished apartmentowner, usingmoneyin construction,the developer is not will be able), or be insured, - notes the chairman of the board of directorsmoat of the company "BEST-New building» IrinaDobrokhotova. — TOIn addition, at least 1% of the construction cost, indicatedthin the project declaration, it is planned to transfer to the compensation fund (according to the latest data,thisthe percentage can be increased to 3% ). Thus, money dollarsprices will increase significantly, and it will definitely have an impactat costsq.metra» . It's paradoxical, butit turns out that due to the amendments, On the one side,responsibility increasesdevelopers, and on the other hand,apartment buyersessentially againthemselves« will pay» guarantees of construction reliability.
2. Land tax: how do we calculate it in 2017?
In fact, the rules changed in 2016, and now it is already possible to draw some conclusions. Land tax is now calculated from the cadastral value of the property, and it is actually equal to the market value. After determining the cadastral value of a land plot, owners are recommended to assess its market value (as practice shows, the latter is significantly lower than what is determined by the state; sometimes it is half as much).
There are two wayschallenge the cadastral valueland plot: go to courtor incommission for the consideration of disputes regarding the results of determining the cadastral value.« ABOUTdispute the results of determining the cadastral valuepossible within fiveyears from the moment the results of determining the cadastral value are entered into the state real estate cadastre, but until the new one is determinedcadastral value. This is saidin part 10 of article 24.18 135-FZ “About appraisal activities in Russiaysk Federation" . To apply to the commission, you need a corresponding application, which indicates the name of the owner of the land plot, the address of his place of residence and the reasons why the cadastral value is being disputed.”, - notes the senior legal consultantt of the company “My Family Lawyer”DmitrySmakovsky.
3. New urban planning standards
Another innovationon the real estate market in 2017— new requirements for residential and non-residential premises on the first floors of houses. In the Moscow region during2016repeatedlythe ban was seriously discussedfor constructionapartments on the first floorsresidential buildings above threefloors.« Although the demand for housing on the ground floors is usually low, not all developers welcomed these changes, since many large-scale microdistricts and blocks with a large number of buildings are being implemented in the Moscow region. If in such projects all the first floors are made commercial, there will be an oversupply of them, somepremisesit will be a long timeeTstand idleIn addition, there are certain categories of buyers who prefereveryone elsethe first onesefloorAnd(for example, older peopleAndcitizens with limited mobility )» , notesIrinaDobrokhotova. In the final text of the draft new urban planning standardsthe regional authorities took into account the wishes of business: in houses with a height of fourup to 12 floorsonlyIt is recommended to leave 6% of the area for non-residential space, but there is no strict norm. This will help maintain the balance of housing andcommercial infrastructure in new buildings in the Moscow region.
4. Changes in the rules for registering real estate
January 12017ode218-FZ “On States” comes into forceregistration of real estate",adopted back in July 2015(but still not entirely - some provisions will come into force later). This is a hugely significant innovation that will entail the long-awaitedohsimplification and reorganizationsystemssregistration of documents. The system itself- all its stages - should become more understandable fornon-specialists.
A Unified State Register of Real Estate (USRN) will be created, which will unite the current Unified State Register of Rights to Real Estate and Transactions with It (USRP) and the State Real Estate Register (GKN).“Now (the Unified StateregistryA real estate) will be the main document confirming your ownership of real estate. There will be a reduction in the time frame for receiving public services: it will take no more than seven days to register rights, and no more than five days to register them with the cadastral register.”, — comments on 218-FZDmitrySmakovsky.
Finally, real estate objects have a single story— All operations on the object will be stored in the registry. Accordingly, information about this can be obtained in one statement.
Whatwill change?"Now, for example,information that was stored in two structures — GKNand Unified State Register— will be mergedVOneohmstateohmregistryereal estateall document flow of which is transferred toelectronfirst kind. Cadastral registration will now only be carried outRosreestrand its territorial bodies. One more thingimportant change: now the transfer of ownership will be confirmed not by a certificate of registration, but an extract from the Unified State Register", - notesDeputy Director for Legal Affairs "MIEL"— Network of real estate offices"OlgaBulbeck.
It is important to note that the information of the Unified State Register (as well as today the information of the Unified State Register) will be currentflax only at the time of their preparationstaging. Thiscurrentclarification in the real estate law, since already on the day the document is issued, the information contained in the register may change.TOak andearlier,when making a transaction, it is necessary to obtain an extract on rights and encumbrances and compare the periods of receipt with the date of signing the agreement (donation, purchase and saleetc.).
“By the way, now notarization of an agreement on the division of common property of spouses becomes mandatory (previously this was optional and was done at the request of the applicants) » , — addsDmitrySmakovsky.
5. New tax rules for buying and selling real estate
For a little over a year now (since January 1, 2016)new income tax rules apply,which were receivedphysicalpersons from the sale of real estate(apartments, houseah, rooms,shares,officeorapartments). These rules are related to 382-FZ (which wouldl accepted at the end of 2014)and addedAndin 2016 Tax Code of the Russian FederationArticle 217.1.
Earliersubject to taxationonlyincome from the sale of real estatewhich wasand owned by less than threeyears (after the sellerwas completely releasedfrompayment of taxes).Nowthere are several schemes, andhundredloit is important how the property was acquired.
Firstoption— this is the property that has passedto the sellerby inheritance, gift from relatives, as a result of privatization andwhether under a dependent annuity agreement. She should be ownedat least threeyears.
Secondoption— this is real estate, which was acquired by any other means.She shouldbeownedat least fiveyears.
If the property is sold before the expiration of the established deadlinesc, then the income is taxed.
“As we see, the algorithm for calculating the tax burden of a transaction has become more complicated. Additional difficulties arise due to the fact that the new rules do not apply to all sales, but only to those properties that became the property of the seller after January 1, 2016. This condition of the tax legislation creates a situation where two taxation systems operate in parallel: the old one (for real estate transferred into ownership before January 1, 2016) and the new one (for real estate transferred into ownership after January 1, 2016). This duality will continue until 2020 inclusive (until the period of ownership of real estate with property before January 1, 2016 does not exceed five years). Then there will be no need to determine the terms of ownership in accordance with different taxation systems.”, Author of articles for the site
The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.