Registration of ownership of parking spaces. Law "On state registration of immovable property" (218-FZ): What changes came into force 218 FZ registration of parking spaces

Federal Law No. 315-FZ of 07/03/2015 introduced the definition of a parking space into the City-planning Code of the Russian Federation No. 190-FZ of December 29, 2004

No. 190-FZ, article 1, clause 29 A parking space is an individually defined part of a building or structure intended exclusively for placing a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in established by law on the state cadastral registration procedure.

Federal Law of 13.07.2015 N 218-FZ "On state registration real estate ", which entered into force on January 1, 2017, regulates the procedure cadastral registration and state registration of ownership of parking spaces. (DOWNLOAD ФЗ No. 218 dated 07/13/2015)

Why do you need a technical plan for a parking space?

Recognition of a parking space as a real estate object legalized its cadastral registration and registration of property rights. Ownership of an object makes it possible to dispose of this property. Since 2017, any participant in civil law relations can sell, buy, rent, inherit and mortgage a parking space. Even if it is an ordinary site without walls or fences.

Registration of ownership is impossible without preliminary cadastral registration of the property. For cadastral registration, it is necessary to prepare a technical plan for a parking space.

Where can I get a technical plan for a parking space?

Preparation and execution technical plan carried out only by the Cadastral Engineer.

To prepare a technical plan, you can contact the specialists of our company or another organization that has certified cadastral engineers on the staff. Our cadastral engineers are highly experienced and highly qualified in this field.

How to order a technical plan?

Normative base

1. The definition of a parking space was introduced in the City-planning Code of the Russian Federation No. 190-FZ dated December 29, 2004 by the Federal Law No. 315-FZ dated July 03, 2015

2. The procedure for registration of rights and cadastral registration is regulated by the Federal Law "On State Registration of Real Estate" dated July 13, 2015 N 218-FZ. (DOWNLOAD ФЗ No. 218 dated 07/13/2015)

3. Requirements for the technical plan are described in Article 24 218-FZ.

About the location of the parking space:

218-FZ article 24 clause 6.1. The location of the parking space is established by graphically displaying on the floor plan or part of the floor of a building or structure (in the absence of number of storeys for a building or structure - on a building or structure plan) of a geometric figure corresponding to the boundaries of a parking space. (Part 6.1 was introduced by Federal Law of 03.07. 2016 N 315-FZ)

About the boundaries of the parking space:

218-FZ article 24 clause 6.2. The boundaries of the parking space are determined project documentation buildings, structures and are designated or secured by a person who constructs or operates a building, structure, or the owner of the right to a parking space, including by applying markings on the floor or roof surface (paint, using stickers or in other ways). The boundaries of a parking space on a floor (in the absence of a number of storeys - in a building or structure) are established or restored by determining the distance from at least two points that are in line of sight and fixed with long-term special marks on the inner surface building structures floors (walls, partitions, columns, on the floor surface (hereinafter - special marks), to the characteristic points of the boundaries of the parking space (points of dividing the boundaries into parts), as well as the distances between the characteristic points of the boundaries of the parking space. the established boundaries must comply with the minimum and (or) maximum allowable size of the parking space established by the regulatory body. (Part 6.2 was introduced by Federal Law of 03.07.2016 N 315-FZ)

218-FZ Article 24 6.3. At the request of the customer of cadastral works, the coordinates of special marks can be additionally determined. At the request of the owner of the right to a parking space, characteristic points of the boundaries of a parking space can be additionally fixed with special marks on the floor surface. (Part 6.3 was introduced by Federal Law of 03.07.2016 N 315-FZ)

4. Order of the Ministry of Economic Development No. 953 of December 18, 2015
On the approval of the form of the technical plan and requirements for its preparation, the composition of the information it contains, as well as the form of the declaration of the real estate object, the requirements for its preparation, the composition of the information contained in it (as amended by the Order of the Ministry of Economic Development dated 01.11.2016 No. 689) (DOWNLOAD Order No. 953 of 12/18/2015 as amended by Order No. 689 of 11/01/2016)

The form of the declaration on the real estate object, Appendix to Appendix No. 3 to the order of the Ministry of Economic Development of Russia dated December 18, 2015 No. 953 as amended by the Order of the Ministry of Economic Development of Russia dated 01.11.2016 No. 689. DOWNLOAD the form of the declaration on the real estate object 2017
Form of the technical plan, Appendix No. 1 to the order of the Ministry of Economic Development of Russia dated December 18, 2015 No. 953 as amended by the Order of the Ministry of Economic Development of Russia
dated 01.11.2016 No. 689. DOWNLOAD the form of the technical plan 2017

5. Order of the Ministry of Economic Development and Trade No. 792 dated December 7, 2016 sets the minimum and maximum allowable sizes of parking spaces (DOWNLOAD order No. 792 dated December 7, 2016):

the minimum size of the parking space is 5.3 * 2.5 m
the maximum size of the parking space is 6.2 * 3.6 m

6. On the preservation of the rights to real estate objects existing as of January 1, 2017 that meet the requirements and characteristics of a parking space, see article 6 Federal law from 03.07.2016 N 315-FZ.

No. 315-FZ, article 6, clause 1. A real estate object that meets the requirements and characteristics of a parking space (regardless of its compliance with the established minimum and (or) maximum allowable dimensions of parking spaces) and the rights to which were registered before the date this Federal Law came into force is recognized as a parking space. It is not required to replace previously issued documents or make changes to them, make changes to the records of the Unified State Register of Real Estate in relation to the real estate object specified in this part. Documents received before the date of entry into force of this Federal Law that certify ownership of objects real estate and in which a parking space is indicated as a type of real estate object, retain their legal force and do not require re-registration. The boundaries of the real estate object specified in this part are recognized as the boundaries of a parking space, regardless of whether their descriptions comply with the requirements established by Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate" (as amended by this Federal Law).

No. 315-FZ, article 6, clause 2. The rightholder of the real estate object specified in part 1 of this article has the right to submit to the executive authority that maintains the Unified State Register of Real Estate, an application for taking into account changes in the information of the Unified State Register of Real Estate in terms of bringing the type of real estate object in line with the requirements of the Federal Law of July 13, 2015 year N 218-FZ "On state registration of real estate" (as amended by this Federal Law), the form of which is approved by the federal executive body authorized to exercise the functions of legal regulation in the field of maintaining the Unified State Register of Real Estate, the implementation of state cadastral registration of real estate , state registration of rights to real estate and transactions with it, provision of information contained in the Unified State Register of Real Estate.

No. 315-FZ, article 6, clause 3. If, prior to the entry into force of this Federal Law, shares in the right were registered in the Unified State Register of Rights to Real Estate and Transactions with it. common property on premises, buildings or structures intended for placement Vehicle, each participant in the total shared ownership has the right to carry out the allocation in kind of its share by defining the boundaries of the parking space in accordance with the requirements of the Federal Law of July 13, 2015 N 218-FZ "On state registration of real estate" (as amended by this Federal Law), as well as register the ownership of the car a place. For the allocation in kind of a share in the right of common shared ownership of premises and registration of ownership of a parking space, the consent of other participants in shared ownership is not required if the participant in common ownership submits to the authority that carries out state registration of rights, the consent of all owners or a decision general meeting determining the procedure for using real estate in common shared ownership.

No. 315-FZ, article 6, clause 4. Until the termination of the right of common shared ownership of the premises, the owner of a parking space, formed in accordance with part 3 of this article, has the right to use the property remaining after the allocation of a parking space and necessary for passage or travel to the parking space, and bears the burden of maintaining such property in the amount that existed before the allocation of a parking space, in the manner prescribed by law Russian Federation.

No. 315-FZ, article 6, clause 5. The common share ownership of the premises, within the boundaries of which the objects formed in accordance with part 3 of this article are located, shall be terminated from the date of the allocation in kind of the share by the last participant in the share ownership and registration by him of the right of ownership to the parking space. The property remaining after the separation of shares from the common ownership of premises, buildings or structures intended for the placement of vehicles, as well as registration of rights to parking spaces and necessary for passage or passage to parking spaces, is common property owners of premises and (or) parking spaces.

Documents required for the preparation of a technical plan

If a parking space is set up in a registered building or structure:

Contract equity participation, Acceptance certificate, Court decision
Technical passport, project documentation

If staging is carried out in relation to all premises and parking spaces in a building, construction simultaneously with the implementation of state cadastral registration of this building, structure, or if the ownership of this building, structure has already been registered in the Unified State Register of Real Estate, then the state cadastral registration carried out without simultaneous state registration of rights.

Technical plan cost

The technical plan for a parking space - 10,000 rubles, from 10 pieces - 8,000 rubles, from 20 pieces - negotiable.

Why us?

we advise for free
we work for the result
individual approach
extensive work experience
highly qualified specialists
real terms
certified cadastral engineers in the state
geodetic works without intermediaries
assistance in solving complex problems

Our cadastral engineers are lawyers in the field of land and property relations who have an understanding of the mechanism for generating and changing information about real estate objects. They see the problem as a whole, giving cumulative attention to both land and objects. capital construction subject to cadastral registration and registration. In the field of vision of a professional cadastral engineer, there are numerous aspects that arise during the registration of land and property relations in order to obtain the intended result of the cadastral work and to prevent the occurrence of situations that contradict the current legislation.

At the beginning of 2017, numerous changes to various laws come into force. Among other things, a new - and already an official legislative - status will be given to a parking lot as a real estate object.

The corresponding amendments, which come into force on 01.01.2017, were introduced by the Federal Law of 03.07.2016 No. 315-FZ "On Amendments to Part One Civil Code Of the Russian Federation and some legislative acts Russian Federation "(hereinafter - Law No. 315-FZ).

In accordance with it, the parking space becomes a real estate object. Earlier, many problems arose with the determination of its status. To understand the meaning of securing a new real estate object in the law, let us consider "how was it?" and "what happened?" with legal regulation parking spaces.

You will also get an understanding of how to act in transition period... With new buildings and structures commissioned in 2017, everything is clear. And what about the parking spaces in buildings that were built and put into operation earlier?

Legal regulation that is a thing of the past

Until now, legislation has not defined the concept of a parking space. Only in paragraph 21 of Art. 1 of the Civil Code of the Russian Federation is the concept of parking (parking space). We present it here.

Parking (parking space) - a specially marked and, if necessary, equipped and equipped place, which is also a part of road and (or) adjacent to the carriageway and (or) the sidewalk, shoulder, overpass or bridge, or being part of the under-stage or bridge spaces, squares and other objects of the road network, buildings, structures or structures and intended for organized parking of vehicles on a paid basis or without charging a fee by the decision of the owner or other owner of the road, the owner of the land plot or the owner of the corresponding part of the building, structure or structure.

Phrases that are excluded from the wording of clause 21 of Art. 1 Civil Code of the Russian Federation.

Usually, a parking space is individualized by applying paint markings and a parking space number on the parking floor surface. It was with this that the problem arose, since in accordance with paragraph 3 of Art. 1 of Federal Law No. 221-FZ, a real estate object must have characteristics that make it possible to define real estate as an individually defined thing (unique characteristics of a real estate object). The boundaries and the number painted on the floor were not considered by judicial practice (for example, Resolution of the AC MO dated 07.05.2015 No. F05-3747 / 2015 in case No. A41-44784 / 14).

In this regard, the registration of a parking space in ownership has always been a problem in practice.

In the Letter of the Ministry of Economic Development of Russia dated May 26, 2015 No. OG-D23-7475, it was indicated that parking (parking space), as defined by the Civil Code of the Russian Federation, does not meet the criteria for a room, is part of buildings or structures, but not an independent real estate object.

Turnover of a part of a real estate object as an independent object civil rights not provided. Likewise, the state registration of ownership of a part of the real estate object is not provided.

V jurisprudence so far there have been two approaches to legal registration rights to a parking space, as stated in the Ruling of the Supreme Arbitration Court of the Russian Federation dated October 27, 2011 No. VAS-11450/11 in case No. A40-124539 / 09-54-801:

it is an independent real estate object, which is a room in another real estate object - a non-residential premises (parking hall) or a non-residential building;
this is a part of a real estate object in respect of which the regime of common shared ownership is in effect, and the user of the parking space is a shared owner of this immovable, in respect of which the procedure for use is determined by agreement of the participants in the shared ownership or by a court decision.

V recent times the second position prevailed; in relation to parking spaces, the rules on common shared ownership were in force, which in themselves are far from flawless.

Accordingly, the Ministry of Economic Development recommended first to put on the cadastral register the building in which the parking space is located, and then register a share in the common ownership of the building with the determination of the shares in the ownership of them in proportion to the size of the parking spaces located there.

If we consider parking spaces located in apartment buildings (for example, in an underground parking lot), then the legislative regulation of the issue is carried out both by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation.

Many problems arose with the determination of the order of use and disposal of the parking lot.

In particular, the transfer of a parking space for rent requires the convocation of a general meeting of the participants in the common shared property, with all the attendant difficulties.

Selling it to a third party presupposes the observance of the preemptive right of purchase by other owners.

If in apartment building 500 owners, in both cases it becomes a nontrivial task to take into account the rights of all other owners and not go crazy ...

Therefore, following this position greatly complicates the use and disposal of parking spaces and, moreover, entails additional costs for owners.

Cadastral registration of parking spaces

According to new edition clause 1 of Art. 130 parking spaces are classified as immovable items. The concept of a parking space is fixed in the introduced in Art. 1 of the Civil Code of the Russian Federation, paragraph 29. So, what is it, taking into account the changes in legislation?

Parking space - an individually defined part of a building or structure intended exclusively for placing a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in accordance with the procedure established by the legislation on state cadastral registration.

In accordance with Part 10 of Art. 24 of the Federal Law of 13.07.2015 No. 218-FZ "On State Registration of Real Estate" (by the way, the law comes into force on January 2, 2017), cadastral registration of a parking space is carried out on the basis of a technical plan. It is compiled on the basis of the information contained:

in the permit for commissioning of the building (structure) in which the parking space is located;
in the design documentation of the building (structure) in which the parking space is located;
in the redevelopment project and the act of the acceptance committee confirming the completion of the redevelopment.

According to Part 6.1 of Art. 24 of Law No. 218-FZ, the location of a parking space is established by means of a graphical display on the floor plan or part of a floor of a building (structure) of a geometric figure corresponding to the boundaries of this parking space.

This is in the technical plan, but in reality the boundaries of the figure of the parking space in the room are established by determining the distance from at least two points that are in line of sight and fixed with long-term special marks on the inner surface of the building structures of the floor (walls, partitions, columns, on the floor surface, to the points of the boundaries of the parking lot or the points of dividing the boundaries into parts), as well as the distances between the points of the boundaries of the parking lot.

As a result, the boundaries of the parking lot are marked by marking the surface of the floor or roof with markings, for example, with paint or stickers.

In this case, the area of the parking space must correspond to the minimum and (or) the maximum allowable dimensions of the parking space. Size requirements are established by a regulatory legal act of the Ministry of Economic Development, the adoption of which should be expected in the near future.

The inconsistency of the area of the parking space formed with these requirements is the basis for the suspension of the process of cadastral registration and state registration of property rights.

All of the above applies primarily to new buildings and structures that have been commissioned in 2017. But what about old buildings, in which, for example, the area of parking spaces may well "not fit" into the requirements established by the Ministry of Economic Development? And what if the parking lot was registered as a share in the right of common property?

The legislator has not forgotten about the already existing parking spaces.

The fate of already existing parking spaces

Part 1 of Art. 6 of Law No. 315-FZ states that a real estate object that meets the requirements and characteristics of a parking space and the rights to which were registered before the date of its entry into force is recognized as a parking space.

In this case, the requirements for the minimum and maximum size parking spaces, information about which is already reflected in the USRR, will not be applied.

Previously issued documents do not need to be reissued, they retain their legal force. But the owners of the corresponding parking spaces are not deprived of the right to apply to the registration authority to change the information about the objects that are indicated as premises, as parking spaces. There would be a desire!

What should people do, whose parking spaces were registered as a share in the right of common property? Here, too, everything is not so difficult, the situation is resolved in part 3 of Art. 6 of Law No. 315-FZ.

The owner of the share can carry out the allocation in kind of his share by defining the boundaries of the parking space in accordance with the requirements of Law No. 218-FZ and register the ownership of it.

To register a parking space on the cadastral register, you must confirm your right to it by submitting to Rosreestr an agreement of all co-owners or a decision of the general meeting, which determines the procedure for using real estate in common shared ownership.

If there is no agreement or decision, in this case, in order to allocate your share, you will have to obtain the consent of other participants in the shared ownership.

As soon as all the available parking spaces are identified and registered, the common share ownership of the premises within which they are located ceases. Only the property left after the allocation of shares and necessary for the passage or passage to the parking spaces will be shared.

Let us summarize all of the above.

A parking space is subject to state cadastral registration, and the right of ownership can be registered to it.

It can be the subject of a mortgage (subparagraph 6 of part 1 of article 5 of the Federal Law of July 16, 1998 No. 102-FZ "On mortgages (pledging real estate)" - introduced from 01.01.2017).

A real estate object that meets the requirements and characteristics of a parking space and the rights to which were registered before the entry into force of Law No. 315-FZ is recognized as a parking space.

The owner of a parking space, as a share in the right to common property, may require the allocation of a share in kind and registration of ownership of it.

Thus, since January 2017, parking spaces are officially recognized as a real estate object. They are distinguished from ordinary premises only by the absence of material, tangible boundaries in the form of walls and partitions.

For a more complete understanding, I propose to watch one of the issues of Anton Ivanov's channel about the legal regime of parking spaces. In addition to Anton Ivanov himself, Alexandra Alexandrovna Makovskaya takes part in the program.

Part 1. Parking spaces in the system of real estate objects.

Part 2. Features of the legal regime of parking spaces.

I hope that the article was useful and that the changes in the legislation regarding parking spaces became clearer for you.

1. An object of real estate that meets the requirements and characteristics of a parking space (regardless of its compliance with the established minimum and (or) maximum allowable dimensions of parking spaces) and the rights to which were registered before the date of entry into force of this Federal Law is recognized as a parking space ... It is not required to replace previously issued documents or make changes to them, make changes to the records of the Unified State Register of Real Estate in relation to the real estate object specified in this part. Documents received prior to the entry into force of this Federal Law, which certify ownership of immovable property and in which a parking lot is indicated as a type of immovable property, retain their legal force and do not require re-registration. The boundaries of the real estate object specified in this part are recognized as the boundaries of a parking space, regardless of whether their descriptions comply with the requirements established by Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate" (as amended by this Federal Law).

2. The rightholder of the real estate object specified in part 1 of this article has the right to submit to the executive authority maintaining the Unified State Register of Real Estate, an application for accounting for changes in the information of the Unified State Register of Real Estate in terms of bringing the type of real estate object in accordance with the requirements of Federal Law No. 13 July 2015 N 218-FZ "On state registration of real estate" (as amended by this Federal Law), the form of which is approved by the federal executive body authorized to exercise the functions of legal regulation in the field of maintaining the Unified State Register of Real Estate, the implementation of state cadastral registration real estate, state registration of rights to real estate and transactions with it, provision of information contained in the Unified State Register of Real Estate.

3. If, prior to the entry into force of this Federal Law in the Unified State Register of Rights to Real Estate and Transactions with It, shares in the right of common ownership of premises, buildings or structures intended for the placement of vehicles were registered, each participant in the total share property has the right to carry out the allocation in kind of its share by defining the boundaries of the parking space in accordance with the requirements of the Federal Law of July 13, 2015 N 218-FZ "On state registration of real estate" (as amended by this Federal Law), as well as register the ownership of the car -a place. For the allocation in kind of a share in the right of common shared ownership of premises and registration of ownership of a parking space, the consent of other participants in shared ownership is not required if a participant in common ownership submits an agreement of all co-owners or a decision of the general meeting to the body that carries out state registration of rights, determining the procedure for the use of real estate in common shared ownership.

4. Until the termination of the right of common shared ownership of the premises, the owner of a parking space formed in accordance with Part 3 of this Article shall have the right to use the property remaining after the allocation of a parking space and necessary for passage or passage to the parking space, and bears the burden of maintenance such property in the amount that existed before the allocation of a parking space, in the manner prescribed by the legislation of the Russian Federation.

5. The common share ownership of the premises, within the boundaries of which the objects formed in accordance with part 3 of this article are located, shall be terminated from the date of the allocation of the share in kind by the last participant in the share ownership and registration by him of the ownership of the parking space. The property remaining after the separation of shares from the common ownership of premises, buildings or structures intended for the placement of vehicles, as well as registration of rights to parking spaces and necessary for passage or passage to parking spaces, is the common property of the owners of the premises and (or) parking spaces.

Until January 1, 2017, the current legislation did not define the concept of a parking space. In paragraph 21 of Art. 1 Urban Development Code RF (hereinafter - the Civil Code of the RF) contained only the concept of parking (parking space).

Parking (parking space) - a specially designated and, if necessary, equipped and equipped place, which is also part of the road and (or) adjacent to the carriageway and (or) sidewalk, shoulder, overpass or bridge, or which is part of under-stage or under-bridge spaces, areas and other objects of the road network, buildings, structures or structures and is intended for organized parking of vehicles on a paid basis or without collection of a fee by the decision of the owner or other owner of the road, the owner of the land plot or the owner of the corresponding part of the building, structure or structure.

Federal Law of 03.07.2016 No. 315-FZ "On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" (hereinafter - Law No. 315-FZ) in paragraph 21 of Art. 1 of the Civil Code of the Russian Federation, changes were made: the text "buildings, structures or structures" was excluded from the concept of parking. At the same time, clause 29 of Art. 1 of the Civil Code of the Russian Federation, which consolidated the concept of a parking space.

A parking lot is understood to mean an individually defined part of a building or structure intended exclusively for placing a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in accordance with the procedure established by the legislation on state cadastral registration.

The parking space does not need to be specially fenced, since the boundaries are determined by the design documentation of the building (structure) and are marked or fixed by the person who constructs or operates the building (structure), or the owner of the right to the parking space, including by applying to the surface of the floor or roof markings (paint, using stickers or in other ways) (clause 6.2 of article 24 of the Law on State Registration of Real Estate).

For a parking space, there is a restriction on the minimum and (or) maximum allowable dimensions of a parking space. The order of the Ministry of Economic Development of Russia dated December 7, 2016 No. 792 established the minimum permissible dimensions of a parking space (5.3 x 2.5 meters) and the maximum permissible dimensions of a parking space (6.2 x 3.6 meters).

Currently, parking spaces can be mortgaged along with other real estate objects - land plots, buildings, premises, structures (Article 69.1 of the Federal Law of July 16, 1998 No. 102-FZ"On the mortgage (mortgage of real estate)"). When calculating property tax individuals for a parking space will be applied tax rate in the amount of not more than 0.3 percent of its cadastral value.

Until 2017, parking spaces were registered as the right of common shared ownership of a share in non-residential premises... Moreover, the number of co-owners could have been very large. In this regard, the owners of parking spaces experienced significant difficulties in the process of disposing of shares, since for paid alienation it was necessary to obtain the written consent of the rest of the co-owners or notify them of the upcoming sale.

In addition, such transactions were subject to mandatory notarization, which largely led to additional material costs and temporary losses.

Currently, the legislation has greatly simplified the life of the owners of parking spaces. So, in Art. 6 of Law No. 315-FZ is enshrined if, prior to the entry into force of this law, shares in the right of common ownership of premises, buildings or structures intended for the placement of vehicles were registered, each participant in the common shared ownership has the right to allocate in kind his share by determining the boundaries of the parking space in accordance with the requirements of the Federal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate" (hereinafter - the Registration Law), as well as register the ownership of the parking space. For the allocation in kind of a share in the right of common shared ownership of premises and registration of ownership of a parking space, the consent of other participants in shared ownership is not required if a participant in common ownership submits an agreement of all co-owners or a decision of the general meeting to the body that carries out state registration of rights, which determine the procedure for the use of real estate in common shared ownership.

Until the termination of the right of common shared ownership of the premises, the owner of the parking space has the right to use the property remaining after the allocation of the parking space and necessary for the passage or passage to the parking space, and bears the burden of maintaining such property in the amount that existed before the allocation of the parking space, in the manner prescribed by the legislation of the Russian Federation.

The common share ownership of the premises, within the boundaries of which the objects are located, terminates from the date of the allocation in kind of the share by the last participant in the share ownership and registration by him of the ownership of the parking space. The property remaining after the separation of shares from the common ownership of premises, buildings or structures intended for the placement of vehicles, as well as registration of rights to parking spaces and necessary for passage or passage to parking spaces, is the common property of the owners of the premises and (or) parking spaces.

In the event that the ownership right to a real estate object is registered that meets the requirements and characteristics of a parking space (regardless of its compliance with the established minimum and (or) maximum permissible dimensions of parking spaces), but the rights to it are registered as to another real estate object before the day of entry by virtue of Law No. 315-FZ, this object is recognized as a parking space. Documents received prior to the entry into force of Law No. 315-FZ, which certify the ownership of immovable property and in which a parking lot is indicated as a type of immovable property, retain their legal force and do not require re-registration.

At the same time, the copyright holder of the real estate object has the right to submit an application for accounting for changes in the USRN information in terms of bringing the type of real estate object in accordance with the requirements of the Registration Law.

Vladimir Ershov,

Deputy Head of the Omsk Department

Rosreestr Office

in the Omsk region,

state registrar.

Welcome! For many people, the procedure for registering ownership of real estate is associated with long lines and endless waiting times. Since January 1, 2017, everything has become much easier - now you can enter rights in another city, and the decision is made in a much shorter time. The reason for the changes was the new version of the Federal Law “On State Registration of Rights to Real Estate”. Nevertheless, it is worth considering whether the new possibilities hide invisible pitfalls and is not everything really that simple?

Creation of a unified state electronic register

On January 1, 2017, the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” came into force. The exception is some provisions, some of which entered into force on January 1, 2017, while others were supposed to enter into force on January 1, 2020.

The new version of the law provides for a reduction in the registration period for real estate objects, the abolition of territorial restrictions, changes in the system for registering contracts of participants in shared construction.

The benefits of change should be explained through personal example. For example, I live in one of the cities of Central federal district Russia, for example, in Moscow. I inherit an apartment in Novosibirsk. After the official entry into inheritance law, it becomes necessary to register apartments, but I have nowhere to go to another city to carry out this procedure for a long time. Thanks to the new version of the law, I have the opportunity to submit everything Required documents in the city where I live. At the same time, I can not only register the rights, but also enter the object into the land registry. The same can be done in in electronic format... At the same time, the time, the waiting time turns out to be quite insignificant - in just 5 days I can become the full owner of a new house. Are these actions legal? Why was this possible? What document will I receive? Can someone else, such as a scammer, register property rights that I own without my knowledge?
The procedure for remote registration of real estate objects became possible thanks to the merger of two companies:

state registration of rights to real estate;
Cadastral registration in unified system accounting and registration.

For this purpose, the Unified State Electronic Register of Real Estate was created, in which cadastral data and the Unified State Register of Real Estate were combined. All measures provided for by the new law should be carried out only by Rosreestr and its local authorities. The introduction of changes in practice was supposed to significantly simplify the entire procedure for state registration of real estate, but in fact, this required a complete change in the entire procedure and even led to a number of difficulties at the initial stage.

Registration of property rights and transfer of the cadastre to Rosreestr

In accordance with Article 3 (3) of FC-218, the new registry must perform the following functions

Acceptance of applications for state registration and cadastral registration together with the applicant's package of documents;
Verification of the submitted documents and the applicant's rights for authenticity;
Consideration of existing applications of the applicant and whether he has registration rights in relation to immovable property;
Maintenance of cadastral records and registration of property rights;
Issuance of documents confirming registration of intellectual property rights or cadastral registration;
Maintaining the Unified State Register of Real Estate, providing information upon request;
Registration of ownerless immovable property in the manner prescribed by the regulatory body, etc.

Reduced registration time

The revised law provides for a significant reduction in the waiting time for registration.

The standards for the timing of the execution of documents are set out in article 16.

Thus, I do not need to wait more than 7 days for the application for registration of rights in one of the branches of Rosreestr to be considered. If I contact a multipurpose public service center, the waiting time may be slightly longer at 9 days. Most quick way registration in the cadastre - in Rosreestr, where I have to wait only 5 days. In a multifunctional center, this period is one week, if the applicant applies for the simultaneous registration of cadastral registration and registration of rights, the total duration of registration of documents should not exceed 12 days. For comparison, until 2014, the period for registering documents ranged from 18 to 20 days. After 2016, this period lasted from 10 to 12 days. Thus, one of the main advantages of the new law can be considered a reduction in the timing of all procedures related to the registration of real estate.

Lack of territorial ties

The place of filing of documents has also lost its significance. The applicant can apply to any branch suitable for him, regardless of the degree of remoteness of the object. At the same time, the law provides for only one exception, according to which a refusal to accept documents may be received - it is impossible to establish the identity of the applicant who submitted the application. Documents can also be submitted electronically through the Portal government controlled or sent by registered mail to Rosreestr. It is important to note that Muscovites prefer to use multifunctional centers, while there are no restrictions or recommendations for residents of other cities when choosing a branch.

The paper form of the document and state registration of property rights are not provided.

The new law abolishes the issuance of registration documents on special forms in the form of a state certificate. Now, with a positive result of the entire registration process in the Rosreestr department, it is possible to receive a document with information about the transaction, which will be confirmed by the relevant department. Confirmation will be a special registration inscription on the document expressing the content of the transaction. To confirm ownership rights, citizens must order an extract from the Unified State Registration Number, which will be issued within a certain period of time.

Changing the state of the car seat

The new version of the Real Estate Law pays great attention to the status of the parking space. The term “parking space” refers to the marking with paint and the quantity parking spaces on the surface of the park floor, which caused the greatest problems, since in the first edition of the Federal Law, only objects with special properties were defined as real estate. Before the changes were made, the parking lot was defined as part of the facility, and the entire complex was subject to cadastral registration. Thanks to innovations from 2017, it will be possible to register each individual property as an independent property. However, the details of the project and maximum standards for such a location have not yet been fully developed. This task is entrusted to the Ministry economic development... In addition, the location of the car park should now also be shown graphically on the floor plan or on a specific part of the building. Border markings must be clear and consistent with a legible geometric shape.

Prohibition of registration of property rights

Refusal of a citizen who has submitted an application to Rosreestr for registration of property rights can occur in 55 cases listed in Federal Law No. 218, to which he refers:

Termination of the insurance contract or bank guarantee;
The objection of the copyright holder to the notification and his opinion about the actions of the applicant against his will;
Presentation of two contracts between participants in a common construction, who are different persons for the same object at the same time.

In such cases, Rosreestr has the right to refuse or suspend the proceedings. The maximum legal delay may not exceed 3 months.

A proposal to suspend the procedure for up to six months can also be put forward by the owner. Owner rights include the ability to prohibit all operations with an object without it. personal involvement... In this case, the notification is sent to the Unified State Registration Service. This measure minimizes the risk of fraudulent activities.

Electronic storage of documents

The new version of Federal Law No. 218 provides for the possibility of submitting documents through the electronic portal of public services. It should be noted that the submission of documents in electronic form was previously not allowed. In order to start the procedure for processing documents, you must obtain an electronic certificate digital signature... Such documents can be issued by a certification body. Such a service is in great demand today, its cost can vary and vary from 3 to 5 thousand rubles.

Cadastral registration does not require an electronic digital signature.

The cost of obtaining such a signature in the future will be able to provide the applicant with a financial advantage that allows him to draw up documents in electronic form, while the state fee will not be 2 thousand rubles, but only 1.2 thousand rubles.

Cases of the owner's absence when settling rights to real estate.

The rules for changing the status of a property have also been changed. The main difference between them was the possibility of registration without the participation of the owner.
The role of the initiator of such adaptations can be played by one of government agencies, namely

tax;
process;
a notary;
Migration Service;
In the registry office.

The most important condition for correcting the state of an object for its entry into the Rosreestr is the notification of the owner.

For this purpose, a message is sent to him without any exceptions.

Rules for the provision of constituent documents to legal entities

Until 2017, registration of property rights legal entities was carried out with the obligatory submission of constituent documents. This requirement has now been canceled. When applying for cadastral registration or registration of rights to property, Rosreestr has the right to request necessary information about the founder of the legal entity.

Compensation for owners who have lost ownership of a single-family house.

In practice, citizens often lose their rights to their own property. In such a situation, there may be people who bought a house and paid its cost in good faith, but did not receive housing because they were deceived.

In accordance with article 68 of the law in question, compensation may be paid to owners who have lost their only home, provided that they are not to blame and were to blame for this by third parties.

The prerequisite for obtaining is the impossibility of collecting the claim from the debtor, as well as the determination and confirmation of the legal capacity of a maximum of 1 million rubles. It should be noted that this standard will not be considered valid until 2020.

Preparation of an agreement on the joint construction process

When concluding an agreement on joint construction the registration application must be signed simultaneously by the client and the participant.
If the application is submitted by the developer together with the first partner, then the following documents are submitted to the registry administrator:

building permit;
floor plan of the building;
project declaration;
supervisory authority statement;
Customer liability insurance contract;
surety agreement for the client's obligations.

In addition to these documents, the developer can submit a list of citizens who are entitled to purchase savings in an apartment building built on the territory of a single development institute in the housing sector. In the absence of such a list, it may be requested by state authorities, for which it has the right to make it available to the local government. The system for registering contracts with other categories of shareholders is generally the same, but different from the smaller package of documents provided by the developer.

Identity card for submission of documents

When submitting documents to the office of Rosreestr or the MFC, each applicant must present an identity document (passport).

Otherwise, the Secretary has an unlimited right to refuse to accept documents. This is the first and only reason for refusing state registration. In previous versions of the law, it was possible to accept documents without a passport, but there were no provisions on refusal. The Federal Law “On State Registration of Ownership Rights to Real Estate”, as amended in 2016, significantly corrects the procedure for registering ownership rights to real estate. This reduces the waiting time and does not require the applicant to be close to the registrant. An important change is the presence of a passport when submitting documents. If there is a risk of confiscation of apartments through the fault of fraudsters, a ban may be imposed on transactions without the personal presence of the applicant; in case of loss of an apartment, a citizen can count on state compensation.
The innovations of the Law No. 218 of the Federal Law “On Registration of Real Estate” can be found on the video:

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