Ownership of real estate

In general, the term “real estate” can be understood as land with buildings located on it, that is, a completely definite physical object that can be “touched”. But, on the other hand, the goods in the real estate market are not physical objects, but various rights to these objects. Each right gives its owner certain benefits, which can be expressed in the form of cash flows, prestige, a sense of personal satisfaction, conditions for doing business, quality of housing, etc. its as a physical object͵ and rights to it.

The central legal institution in a market economy is property rights. This right gives the person legal power over the thing and is usually called the real right. Different types of property rights differ precisely in the amount of this power; property rights also include: the right to life inherited possession of property; the right to permanent (unlimited) use of property; easements; the right of economic management of property; the right of operational management of property. With the exception of property rights, all other property rights are rights to other people's things.

Ownership is determined by the 17th chapter of the Civil Code of the Russian Federation. Property - ϶ᴛᴏ a set of rights that must be distributed between different subjects or concentrated in the same hands:

1. Possession- the primary component of ownership, based on the law, physical control over the object, the ability to have it, keep it in your economy, on the balance sheet, etc., the actual possession of the object. It creates the necessary prerequisites for the implementation of two other powers - use and disposal. You can own a property, but not use it. It is impossible to use the property without actually owning it.

2. Use- the use of the property object in accordance with its purpose at the discretion and desire of the user or the owner, the extraction of useful properties or income from the object. Ownership and use can be combined in the hands of one subject or divided between different subjects.

3. Order- an all-embracing, highest way of realizing the relationship between the object and the subject of ownership, that is, this is the right to decide how and by whom the real estate object itself and the income received from it should be used; determination of the legal fate of the property. That is, the owner of real estate not only owns and uses the property, but also disposes of it for purposes and within the limits that do not violate the rights of the owner of the restrictions established by law.

Full ownership is generally understood to mean the right to own, use and dispose of property within a framework that does not contradict local law. Freehold ownership is the highest value.

Economically, property is realized when it begins to generate income, that is, in the process of appropriation and alienation of land and other immovable property as the main factor of production and its results - income. There are two basic ways of appropriation and alienation of goods: individually isolated - private and joint - general, public. Accordingly, on the basis of the subject of appropriation, two main forms of ownership are distinguished: private and public (state and municipal).

Subjects of ownership of real estate - ϶ᴛᴏ owners of specific land plots and other real estate objects, endowed with land rights and bearing obligations in accordance with land, civil, water, forestry and other legislation of Russia. Three main groups of subjects enter into property relations with regard to real estate:

1) the Russian Federation and the constituent entities of the Russian Federation represented by state authorities, cities, districts, settlements represented by local self-government bodies;

2) citizens, associations of people, families, social group, incl. Foreign citizens;

3) legal entities - commercial, non-commercial and other organizations, incl. foreign.

In the modern civilized world, “sacred and untouchable” property no longer exists. The powers conferred on the private owner, by definition, often conflict with the interests and rights of others and society as a whole. The laws of all countries, starting with the ancient Roman state, provide for restrictions on property rights based on the interests of society, religious, environmental, transport and other requirements. In accordance with the current Constitution of Russia (Article 36, Part 2) and the Civil Code of the Russian Federation (Article 209, Part 3), the owner, using his real estate, must not violate the rights and legitimate interests of others and must comply with environmental, sanitary -hygienic and other conditions.

In Russia, as in many developed countries of the world (USA, England, etc.), it has been established that when private property impedes the realization of public interests, it is subject to permanent or temporary restrictions.

Permanent restrictions on ownership of real estate, due to their limited and irreplaceable in entrepreneurial activities, include:

Zoning system;

Rational use and protection of land;

Environmental control;

Protection of the legal rights and interests of other owners, tenants and users of the land;

Accounting for building codes and regulations, planning projects and development of settlements;

Restrictions on the rights to use or dispose of monuments of history, culture, protected zones, agricultural lands, etc.;

It is important to note that the law establishes certain time restrictions (encumbrances) for the owner of immovable property, which restrict his rights in the exercise of property rights. Restrictions on property rights:

Servitudes;

Mortgage;

Trust management;

Rent, lease

The owner of immovable property (land plot, other real estate) has the right to demand from the owner of a neighboring plot, and, if necessary, from the owner of another land plot (neighboring plot), the granting of the right of limited use of the neighboring plot - servitude... Distinguish between positive and negative easements. Positive easements - ϶ᴛᴏ the right of a person who has an easement to perform certain actions to the detriment of someone else's real estate. These include the right to pass or drive through the “employee” land plot, drive livestock through it to use water or pastures, lay transmission lines, communications and pipelines, etc. Negative easements - ϶ᴛᴏ the right to demand that the owner of an adjacent “ the dominant "employee" of the site refrained from certain types of its use. For example, the right to demand the non-erection of buildings or structures, or the erection of those that cannot impede access to the "dominant" area of ​​light and air (easement of light and air) or spoil the view (easement of the view). The easement is established by agreement between the person requiring the establishment of the easement͵ and the owner of the neighboring land and is subject to registration in the manner established for the registration of rights to real estate. In case of failure to reach an agreement on the establishment or conditions of the easement, the dispute shall be resolved by the court at the suit of the person requiring the establishment of the easement. The owner of a plot encumbered with an easement shall have the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established, a commensurate payment for the use of the plot. The servitude can encumber buildings, structures and other real estate, the limited use of which is extremely important outside the connection with the use of the land plot.

Mortgage- ϶ᴛᴏ a loan secured by real estate. A mortgage secures obligations with immovable property, in which the creditor (pledgee) has the right, in the event of default by the debtor (pledger), to receive satisfaction at the expense of the pledged real estate. The property, on ĸᴏᴛᴏᴩᴏᴇ the mortgage is established, remains in the possession of the pledger, that is, the debtor. A mortgage agreement is concluded in compliance with the general rules of the Civil Code of the Russian Federation on the conclusion of an agreement, taking into account the provisions established by the relevant articles of the Federal Law of the Russian Federation of July 16, 1998 No. 102-FZ "On Mortgage (Pledge of Real Estate)".

Trust property management(trust) - ϶ᴛᴏ a new phenomenon in Russia, ĸᴏᴛᴏᴩᴏᴇ is applied, first of all, in relation to the shares of privatized enterprises remaining in state ownership. The newly introduced (clause 4, article 209 of the Civil Code) institution of trust management of property allows the owner (founder of management), incl. to the state as a business entity, to transfer to another person (trustee) their rights to own, use and dispose of the property belonging to him for a certain period, which, however, does not lead to the transfer of ownership of the property transferred to trust management to the trustee. Nevertheless, without becoming an owner, the trustee has the opportunity to own, use and dispose of the property entrusted to him in property turnover on his own behalf, but in the interests of the owner. The objects of trust management are enterprises and other property complexes, individual objects related to real estate.

Rentals- ϶ᴛᴏ the right to use someone else's real estate on certain conditions. Under a lease agreement, the lessor (owner) undertakes to provide the tenant (tenant) with real estate for a fee for temporary use. Land plots, isolated natural objects, enterprises, property complexes, buildings, structures and other things that do not lose their natural properties during their use are leased. The lease term is determined by the contract, while the lease must be concluded for an indefinite period, if the latter is not specified in the contract. The tenant is obliged to pay the payment for the use of the property (rent) in a timely manner. The procedure, conditions and terms for making the rent are determined by the lease agreement. Upon termination of the lease, the lessee is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear, or in the condition stipulated by the contract.

Leasing- one of the types of finance lease. Under the lease agreement, the lessor undertakes to acquire the property specified by the lessee from the seller specified by the lessee and provide the lessee with this property for a fee for temporary possession and use for business purposes. The leased property passes into the ownership of the lessee upon the expiration of the lease term or before its expiration, provided that the lessee pays the entire purchase price stipulated by the contract.

The most complete in its composition is the interest of full ownership, the owner of which has an indefinite right to use or dispose of real estate at his own discretion, subject to the observance of the law and the inalienable rights of other members of society. A full-ownership owner can create interests of lesser value, for example, a lease interest in which the owner (tenant) is given the right to use the property for a specified period in exchange for rent. In turn, the lessee can create a sublease interest by transferring the right to use the property to the subleaser. In theory, this process is unlimited. At the same time, the rent͵ that the main tenant pays to the owner of full ownership rights is usually called the main or main rent, and accordingly, the rent͵ paid by the subleasers to “their lessor” is usually called the sublease payment. The difference between sublease and basic rent is called profitable or profitable rent.

With real estate, various actions can be carried out that entail the emergence, change or termination of rights and obligations in relation to it, that is, various transactions can be carried out: lease, pledge, inheritance, donation, purchase and sale, trust management, permanent use, full economic management, insurance, leasing, sublease, contribution to a joint stock company, privatization, etc.
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An additional stage of real estate transactions is state registration of rights to real estate and transactions with it, which is regulated by the Civil Code of the Russian Federation, Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it", others federal laws and regulations of the Russian Federation. State registration is the only proof of the existence of a registered right and is carried out at the location of real estate according to the established system of records on rights to each real estate object, which is recorded in the Unified State Register of Rights to Real Estate and Transactions with It. Extracts from the Unified State Register of Rights, approved in accordance with the established procedure, must contain a description of the property, registered rights to it, as well as restrictions (encumbrances) of rights. The use of information contained in the Unified State Register of Rights, in ways or in a form that prejudices the rights and legitimate interests of the copyright holder, entails liability under the legislation of the Russian Federation. State registration of rights to immovable property and transactions with it is carried out by the institution of justice for state registration of rights to immovable property and transactions with it in the territory of the registration district at the location of immovable property.

Ownership of real estate - concept and types. Classification and features of the category "Ownership of real estate" 2017, 2018.

The applicant does not agree with the refusal to register ownership of land

The applicant does not agree with the refusal to register the right (share in the right) ownership of real estate (other than land)

ConsultantPlus: note.

Part 1 of Art. 42 (as amended by the Federal Law of 05/01/2019 N 76-FZ) applies to legal relations arising from credit agreements (loan agreements) concluded with borrowers - individuals, until 07/31/2019.

1. State registration of the occurrence, transition, termination, restriction of the right to residential or non-residential premises in apartment buildings and the encumbrance of such premises is at the same time state registration of the occurrence, transition, termination, restriction of the inseparably linked right of common shared ownership of common property and encumbrances of such property ... State registration of the transfer of the right to a garden or vegetable garden land plot located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs is at the same time the state registration of the transfer of the right to a share in the common ownership of common property located within the boundaries of such territory, if this property belongs on the basis of common shared ownership to the owners of garden or vegetable garden plots located within the boundaries of such territory. Transactions on the alienation or mortgage agreements of shares in the right of common ownership of real estate are subject to notarization, with the exception of transactions in the case of alienation or mortgage by all participants in the shared ownership of their shares in one transaction, transactions related to property that constitutes a mutual investment fund or acquired for inclusion in the composition of a mutual investment fund, transactions for the alienation of land shares, transactions for the alienation and acquisition of shares in the right of common ownership of real estate when concluding an agreement providing for the transfer of ownership of a residential premises in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 "On the status of the capital of the Russian Federation" (except for the case provided for in part nineteen of Article 7.3 of the said Law), as well as mortgage agreements on shares in common ownership of real estate, concluded with credit institutions.

(see text in previous edition)

2. State registration of the distribution of shares in common ownership is carried out at the request of all participants in shared ownership, whose shares in common ownership are distributed (changed) on the basis of a document containing information about the size of the shares, unless the change in the size of the share is established by a judicial act. If one of the participants in shared ownership applies for state registration of a change in the size of shares in the right of common shared ownership, a necessary condition for such state registration of rights is the written consent of the other participants in shared ownership, whose shares in the right of common ownership are distributed, unless otherwise provided by law or by an agreement between the specified participants in shared ownership.

3. State registration of the right to common joint ownership of real estate is carried out on the basis of an application by one of the participants in joint ownership, unless otherwise provided by the legislation of the Russian Federation or an agreement between the participants in joint ownership.

4. When a share in common ownership is sold to a person who is not a co-owner, documents confirming that the seller of the share notified the other participants in shared ownership in writing of his intention to sell his share indicating the price and other conditions, shall be attached to the application for state registration of rights. which sells it. The application for state registration of rights may be accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share and executed in accordance with the legislation of the Russian Federation. In this case, the state registration of the transfer of the right to a share in common ownership is carried out regardless of the period that has elapsed since the date of notification by the seller of the share of the remaining participants in shared ownership.

4.1. In the event that the number of participants in shared ownership of real estate exceeds twenty, instead of notifying the other participants in shared ownership in writing, the seller of a share in common ownership of the intention to sell his share to an outsider may post a notification of this on the official website. This rule does not apply to notices of the sale of a share in common ownership of residential premises.

4.2. In the case specified in part 4.1 of this article, the application for state registration of rights must indicate that the notification of the participants in common shared ownership was carried out in the manner specified in part 4.1 of this article. A notice of intent to sell a share in the common ownership of real estate must be posted by the seller on the official website without charging a fee. A notice of intent to sell a share in the common ownership of real estate must contain the type of real estate object, the cadastral number of the real estate object, the share in the right to which is being sold, the address of the real estate object (if any) or another description of the location of the real estate object (in the absence of an address), an indication of the price at which the share is sold, the surname, first name, patronymic of the seller of the share (for an individual) or the name (for a legal entity), e-mail address and (or) postal address, which is used to contact the seller of the share. The procedure for placing a notice of intent to sell a share in common ownership of real estate on the official website is established by the regulatory body.

According to the current legislation, ownership of real estate objects is subject to mandatory registration with the relevant authorities. This applies to houses, apartments, offices and other residential and commercial premises. Therefore, after the implementation of the transaction for the alienation of the object or upon the completion of its construction, it is imperative to go through this procedure.

Registration Service

Currently, the only body carrying out this procedure on the territory of the Russian Federation is Rosreestr. The full name of the organization is the Federal Service for State Registration, Cadastre and Cartography. She is represented in all subjects of the federation and works with citizens at the location of real estate.

Until 1998, several structures dealt with this issue. The land was registered separately in special committees, and buildings - in the BTI. Subsequently, the functions were transferred to a single service, which is currently in charge of all real estate objects, without exception.

Who collects documents

All the necessary papers are submitted to Rosreestr by the owner (he can be either a private person or a legal entity) or his representative. Their list largely depends on the type of object and the method of entering into ownership. When it comes to individual construction, this issue is dealt with directly by the owner or a specialist hired by him. In the case of purchasing an apartment on the primary market, the developer is responsible for collecting the documents, and the notary is responsible for the transfer of ownership. If the alienation of property occurs without his participation (this is allowed at the legislative level), at the request of the owner, he can deal with all issues related to registration on his own or resort to the help of specialists in this field. The new owner will be able to dispose of the property only after the completion of this procedure.

Registration of ownership of real estate is not a very complicated operation, but it is bureaucratic. Each specific case requires its own list of required documents. For this reason, most citizens prefer to pay an intermediary and shift all the hassle onto his shoulders. If the owner decided to carry out the procedure on his own, first he needs to find out what certificates are needed for this and where they are taken.

List of documents

As mentioned above, it largely depends on how exactly the ownership of real estate arose, and what specific object we are talking about. In practice, individuals most often deal with housing: apartments, houses or suburban buildings. Based on this, it is possible to identify several generalized registration options for individuals that you have to deal with. Firstly, these are land plots (for individual construction or gardening). Secondly, residential buildings. Third, the apartments.

The emergence of ownership of real estate can be due to its transfer from another person (seller, donor or testator) or primary (for example, the construction of a house). When contacting Rosreestr, regardless of the type of object and other nuances, it will be necessary to present a civil passport. It doesn't hurt to prepare a copy of it (or better, several), it can also come in handy. You will also need a receipt for payment of the state fee. Requisites and the amount, as a rule, are posted on the information stand. When submitting documents, fill out an application in a special form. It is taken at the representative office or on the official website of Rosreestr.

Registration is carried out on the basis of a cadastral passport. A contract of sale, donation, exchange, a certificate of the right to inheritance, or a court decision can act as a document of title. You will also need a certificate of the absence of buildings (if there are none), a deed of transfer (drawn up by the parties to the transaction in a simple form), sometimes the consent of the spouse of the new owner, certified by a notary, is required. In the case of initial registration with Rosreestr, it is necessary to provide a decree on the transfer of the site into ownership (it is issued by the local government).

As far as houses are concerned, the list of papers can be much longer. Registration of ownership of real estate takes place on the basis of a cadastral and technical passport (these are different things), as well as a document of title of exchange, purchase and sale, etc.). In the absence of the latter (if we are talking about recently it is not provided. Suburban buildings intended for gardening (summer cottages) are registered according to a simplified scheme - in a declarative way, without the participation of the BTI. The owner only needs to fill out a special form, where he independently indicates all the necessary characteristics.

Registration of ownership of an apartment

This is the most common action performed by individuals in the bodies of Rosreestr. If we are talking about the secondary real estate market, then all the documents necessary for this procedure should be in the hands of the owner as a result of the transaction. Firstly, it is a technical passport (it is given by the former owner of the apartment). Secondly, the title document itself (notarized or drawn up in simple writing). In the latter case, you will need 2 more documents: the object between the parties to the transaction and the consent of the spouse to make it.

It should be noted that registration of ownership of an apartment may require additional certificates, which will be reported by a specialist during data processing. Only an experienced specialist in this field can foresee all the nuances in advance.

About timing

According to the current legislation, registration of ownership of real estate must be carried out no later than one month from the date of submission of documents. In practice, in some localities it happens much faster (from 10 to 14 days), while in others it is delayed. In the latter case, the actions of the registrar can be challenged in court. However, this makes sense only if the complete package of documents is submitted, since the allotted time is counted from the moment the registrar receives the last certificate from the list.

About intermediaries

Since the registration of ownership of real estate is a rather painstaking process and requires careful preparation, sometimes it is not very easy for an ordinary citizen. If a person has never faced this issue, he simply does not understand where to get this or that certificate, where to go and what to do. Therefore, there are many specialized firms offering their services for registering real estate. Some of them help in collecting documents, others represent the client's interests in Rosreestr. There are those who accompany the transaction, starting with the search for a property and ending with the registration of ownership.

Undoubtedly, such assistance can be useful to many, especially since the prices of intermediaries are generally quite acceptable. The main thing is not to try to save money on them by contacting a dubious company, guided only by the cost of the services of its employees. Unfortunately, scammers are not uncommon in this area.

Registration of an apartment purchased on the primary market

After the house is accepted into operation by the state commission and the BTI, the developer prepares documents for each specific apartment. As a rule, the company's employees independently register ownership in the name of the client and transfer ready-made documents to him. In some cases, there is an additional charge for this, in others - the service is included in the price of housing.

Registration of ownership of an apartment purchased on the primary market can be formalized by the owner himself. To do this, in addition to your passport and a receipt for payment of the state duty, you need to provide a completed application, an agreement with the developer and an apartment transfer and acceptance certificate (signed with him). If everything is in order with the documents and no errors are found in them, within a month the owner will become the full owner of the home and receive the corresponding document.

Registration when registering an inheritance

This question is of interest to many citizens. In particular, is it possible to alienate an object immediately after receiving a certificate? Having inherited housing or its share in a foreign city, the owner often tries to sell or donate it immediately. However, this is only possible after it has been properly registered. Unfortunately, the law does not provide for the implementation of several transactions at the same time, including the inheritance. Registration of real estate in ownership in the bodies of Rosreestr is a procedure without which it is not considered complete. For this reason, the heir will first have to arrange everything as it should be, and only then dispose of the property.

Property of legal entities

In principle, there is no big difference between registering real estate for a company and for an individual. Documents are submitted and processed in the same way. True, their list may be a little longer. In addition to all the standard certificates and papers related to the object itself, the owner's documents are presented to Rosreestr. For a legal entity, these are copies of the charter and They can be certified by a notary or by an authorized person of the company itself. Depending on the type of activity of the enterprise, additional information may be required. The documents are submitted by a person who has the right to sign, in accordance with the charter, or who acts on the basis of a power of attorney.

Real estate disputes

Unfortunately, they happen quite often. We are talking about relatives who did not share the inheritance, and about former spouses in case of divorce, and about co-owners of an enterprise, and just about neighbors. Recognition of ownership of real estate in court is carried out in the event of its dispute or division of property, when a voluntary settlement of the issue is not possible. The result of such proceedings may be a court decision that deprives one citizen of the property rights and transfers it to another. It is also subject to mandatory registration with Rosreestr, along with a purchase and sale or exchange agreement. This should not be forgotten, because otherwise the new owner will not be able to fully dispose of the property.

The current legislation provides for the obligatory registration of any real estate in Rosreestr. This procedure may not be very simple and understandable, especially when an ordinary person has to go through it, without special knowledge. Therefore, it is better to entrust the collection of documents, their execution and filling out all the necessary papers to a competent specialist.

How to acquire ownership of a completed property. avenue, site

How to acquire ownership of a completed property.

Creating or making a new thing is a common primary way of acquiring ownership. Article 219 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) establishes that the ownership of a building, structure and other newly created immovable property arises from the moment of state registration of the right. It is from the moment of state registration of the right that the person acquires the right to dispose of the real estate object and can, at his discretion, perform any actions with respect to the object (Article 209 of the Civil Code of the Russian Federation).

State registration of rights to newly erected real estate objects is one of the most common registration actions performed by state registration authorities.

The acquisition of ownership or other property rights in this case occurs in accordance with paragraph 1 of Art. 218 of the Civil Code of the Russian Federation, which established that the ownership of a new thing made or created by a person for himself in compliance with the law and other legal acts is acquired by this person. A similar rule is contained in Art. 263 of the Civil Code of the Russian Federation: the owner of a land plot acquires the right of ownership to a building, structure and other real estate, erected or created by him for himself on the land plot belonging to him, again subject to the observance of urban planning and building codes and regulations during construction.

The conditions for the acquisition by the owner of the land plot of ownership of the erected structure, enshrined in these norms, were used by the legislator in determining the unauthorized construction and its fate (Article 222 of the Civil Code of the Russian Federation).

Is a residential building, other structure, structure or other immovable property created on a land plot not allotted for these purposes in the manner prescribed by law and other legal acts, or created without obtaining the necessary permits for this or with a significant violation of town planning and building standards, and rules.

For the emergence of the right to a newly created real estate object, not a separate legal fact is required, but their combination, called the actual composition. In accordance with paragraph 1 of Art. 218, art. 263 and subject to Art. 222 of the Civil Code of the Russian Federation, ownership of newly created real estate objects arises on the basis of the combination of the following legal facts:

1. A land plot has been allocated for the construction of the facility;

2. A permit was obtained for the construction;

3. During the construction of the object, urban planning, construction, environmental and other norms were observed;

4. The object was erected by the developer for himself in order to acquire ownership, and not for other persons.

The specifics of state registration of rights to newly created immovable property have been established ”(hereinafter referred to as the Law on Registration of Rights). Clause 1 of this article establishes a special basis for registration of rights: the ownership of the created immovable property is registered on the basis of documents confirming the fact of its creation.

Previously, the legislator did not clearly establish which document confirms the fact of the creation of the object. The established practice proceeded from the fact that the document confirming the fact of the creation of the real estate object is the act of the acceptance commission on the acceptance into operation of the completed construction of the object.

Acceptance for operation was regulated by various regulatory documents, depending on the type of completed construction of the facility. It was the act of acceptance of the object into operation that testified to the creation of a real estate object for a specific purpose in compliance with urban planning and building norms and rules and the possibility of its operation (use) by the owner in accordance with its intended purpose.

Currently, the construction is being completed by the developer obtaining permission to commission the facility, which, in accordance with Art. 55 of the Town Planning Code certifies:

1. Execution of construction, reconstruction, overhaul in full;

2. Implementation of construction in accordance with the building permit;

3. Compliance of the constructed, reconstructed, repaired facility with the urban planning plan of the land plot and project documentation.

A permit to put an object into operation is issued by the authority that issued the building permit, and is the basis for putting the constructed object on state registration, as well as for making changes to the documents of state registration of the reconstructed object.

A permit for commissioning must contain information about the real estate object, which is necessary for the state registration of the constructed object, and for reconstructed objects - for making changes to the state registration documents.

Thus, for real estate objects completed with construction after the entry into force of the new Urban Planning Code (after December 30, 2004), a special basis for state registration of rights is permission to put the object into operation, and for objects completed before December 30, 2004 - , - the act of acceptance of the object into operation.

Since, when issuing a permit for commissioning, compliance with urban planning, construction and other norms and rules is carried out during the construction of an object, no other documents confirming this fact are required.

A real estate object is located on a land plot and is inextricably linked with it and, of course, cannot exist without a land plot. Accordingly, the right to build a building on a land plot and the emergence of a right to a constructed building are conditioned by the existence of a right to a land plot. It is the owner of the land plot with the provisions of Art. 263 of the Civil Code of the Russian Federation granted the right to develop it or to permit construction to be carried out by other persons. In addition to the owner of the land plot, such a right is possessed by persons who have other rights to use the land plot - the right of permanent (unlimited) use, life-long inherited possession, lease. So, in accordance with Art. 40, 41 of the Land Code of the Russian Federation (hereinafter referred to as the RF LC), owners, land users, landowners and tenants of land plots have the right to erect residential, industrial, cultural and domestic and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use with compliance with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations.

The law on registration of rights (clause 1 of article 6) recognizes the rights that arose before its entry into force (until 31.01.1998), legally valid without state registration in the USRR. A similar rule is contained in paragraph 9 of Art. 3 of the Law on the Enactment of the Labor Code of the Russian Federation: state acts, certificates and other documents certifying rights to land and issued to citizens or legal entities prior to the enactment of the Law on registration of rights have equal legal force with entries in the USRR. Registration of rights that arose before January 31, 1998 is required only in the case of a transaction with a real estate object. When building a land plot by a person to whom this land plot was granted under real or liability law before January 31, 1998, the transaction with the land plot is not made, therefore, the requirement to register the previously arisen right is not applicable. If the land plot is granted after January 31, 1998, then the real right or lease agreement must be registered in the Unified State Register. It should be borne in mind that the obligatory state registration after the entry into force of the RF LC (after October 30, 2001) is subject to a lease agreement for a land plot concluded for a period of more than one year (clause 2 of Art. 609 of the Civil Code of the Russian Federation, clause 2 of Art. 26 of the RF Labor Code).

Thus, if a developer's right (lease) to a plot is registered, then when registering a developer's right to a newly built real estate object, the right to a plot does not need additional confirmation. However, if the developer purchased the site before 31.01.1998, then it is necessary to submit documents of title to the land.

The next document that must be submitted for state registration of a newly created object is a building permit.

In accordance with Art. 51 of the Town Planning Code building permit:

1. Confirms the compliance of the project documentation with the requirements of the urban planning plan of the land plot, and in the absence of a town planning plan - the permitted use of the plot;

2.Gives the developer the right to carry out construction,

reconstruction of real estate objects, as well as major repairs.

A building permit is required to register:

1. The right to the constructed object, if its permitted use is not indicated in the title document for the land plot or it does not correspond to the purposes of construction;

2. The right to an object of construction in progress as a basis for registration (clauses 3 and 4 of article 25 of the Law on registration of rights);

3. Agreements for participation in shared construction (Article 25.1 of the Law on Registration of Rights).

A building permit is not required in cases of construction

(part 17 of article 51 of the City Planning Code):

1. A garage on a land plot provided to an individual for purposes not related to entrepreneurial activity;

2. On a land plot provided for gardening, summer cottages;

3. Objects that are not capital construction objects (kiosks, sheds, temporary buildings);

4. Buildings and structures of an auxiliary nature.

If the developer carried out the construction of the object on his own or with the involvement of a contractor, but at the same time he was building for himself, and not for third parties, then he acquires the ownership of the created object on the basis of clause 1 of Art. 218 of the Civil Code of the Russian Federation.

To register the developer's rights, any document must be submitted from which it is seen that there are no rights of third parties to this object.

For legal entities, such a document may, for example, be a certificate signed by the chief accountant and the head that the construction is carried out on their own with the attachment of supporting documents: an order (another administrative document of the organization) on the implementation of construction on its own.

A certificate of sources of construction financing can also confirm the absence of third-party rights to the constructed object.

If the construction was financed at the expense of the developer's own funds or with the involvement of bank loans, other borrowed funds, then it follows that the developer carried out the construction for himself, and not for other persons who provided funds for the construction. Under such obligations, the developer undertook to return the money to the creditor, and not to transfer ownership of the created real estate object or part of it. In this case, creditors only have the right to demand the return of funds in accordance with the terms of the agreement on the basis of which these funds were provided.

The same applies to the contractor and other persons who take part in the construction of the facility, but do not have the goal of acquiring the rights to the constructed facility.

The relationship between the developer and the contractor, between the developer and other persons performing certain works directly related to the construction of the facility, are governed by an agreement, the subject of which is the performance of certain works for monetary remuneration. Under such an agreement, the contractor undertakes to perform a certain work and hand over its result to the customer, and the customer undertakes to accept the work and pay. The relationship between the contractor and the customer is governed by the norms of Ch. 37 of the Civil Code of the Russian Federation. On the basis of a work contract, the contractor does not have a real right to the created real estate object, except in cases where the contractor is also an investor.

If for the construction of the object the developer attracted funds from third parties - investors, undertaking in exchange for the funds provided to allocate a certain area in the constructed real estate object to these persons, for example, in the form of non-residential premises, then it is impossible to recognize the developer's right to the entire constructed object as a whole, since , proceeding from clause 1 of Art. 218 of the Civil Code of the Russian Federation, the developer does not have the right to the whole object in this case.

Real estate objects for construction, the reconstruction of which does not require the issuance of a building permit, are not put into operation (Article 25.3 of the Law on Registration of Rights), the specifics of registration of ownership of some created or created real estate objects have been established, which are as follows.

Special grounds for state registration of property are two documents (clause 1 of article 25.3 of the Law on registration of rights):

1. A document confirming the creation of an object and containing its description.

A document confirming the fact of the creation of an object and containing its description in accordance with paragraph 3 of Art. 25.3 of the Law on Registration of Rights is a declaration of an immovable property.

2. Document of title to the land plot on which the immovable property is located.

It is not allowed to carry out state registration of the ownership right to the corresponding created or created object of immovable property, if information about the land plot on which such immovable property is located is absent in the state real estate cadastre, unless:

The right to the specified land plot was previously registered in the manner prescribed by law;

The specified land plot is intended for running a dacha economy or gardening, and if an opinion of the board of the corresponding horticultural or dacha non-profit association is submitted, confirming that the created or created immovable property is located within the boundaries of the specified land plot;

For the construction, reconstruction of the corresponding created or created real estate object, in accordance with the legislation of the Russian Federation, the issuance of a building permit is not required, or the specified land plot is intended for running a personal subsidiary farm and if an opinion of the local government of the corresponding settlement or urban district is submitted, confirming that the created or the created immovable property is located within the boundaries of the specified land plot.

Olga Yarmolenko,

chief specialist - expert

department of registration of rights to objects

non-residential real estate,

state registrar

In the Russian Federation, all real estate has the following main types of ownership:

State property- property owned by the Russian Federation (federal property) and property owned by the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts (property of a constituent entity of the Russian Federation). Land and other natural resources not owned by citizens, legal entities or municipalities are state property.

Private property - any property owned by citizens and legal entities, with the exception of certain types of property, which, in accordance with the law, cannot belong to citizens or legal entities. The number and value of property owned by citizens and legal entities is not limited, except in cases where such restrictions are established by law. Commercial and non-commercial organizations, except for state and municipal enterprises, as well as institutions, are the owners of the property transferred to them as contributions. (contributions) by their founders (participants, members), as well as property acquired by these legal entities on other grounds. Public and religious organizations (associations), charitable and other foundations are the owners of the property they have acquired and can use it only to achieve the goals stipulated by their constituent documents.

Municipal property- property owned by urban and rural settlements, as well as other municipalities. On behalf of the municipality, the rights of the owner are exercised by local authorities and persons specified in the Civil Code. Municipal property is assigned to municipal enterprises and institutions for the possession, use and disposal in accordance with the Civil Code. Local budget funds and other municipal property not assigned to municipal enterprises and institutions constitute the municipal treasury of the corresponding urban, rural settlement or other municipal formation.

Under title of ownership is understood to be a law-based (legally secured) opportunity to own this property, to keep it on your farm (actually to have it, to count it on your balance sheet, etc.).

Eligibility for use is a law-based possibility of exploitation, economic or other use of a real estate object by extracting useful properties from it, its consumption. It is closely related to the right of ownership, because, as a general rule, you can use property only by actually owning it.

Eligibility of order means a similar possibility of determining the legal fate of a real estate object by changing its ownership, condition or purpose (alienation by agreement, inheritance, destruction, etc.).

Methods for acquiring ownership it is customary to divide into initial and derivatives. The initial- this is when the acquisition of rights is not associated with the right of another person to this object, and the scope of the rights and obligations of the owner is determined by law.

The main initial method of acquiring rights is the legitimate (on a legal basis) economic activity of the subject of law: the right of ownership to a new thing made or created by a person for himself in compliance with the law and other legal acts is acquired by this person. This happens in the cases and in the manner provided for by the Civil Code of the Russian Federation. It follows from it that a person, firstly, can acquire ownership of property that does not have an owner, secondly, to property whose owner is unknown, and thirdly, to property that the owner has abandoned or to which he has lost the right property on other grounds provided for by law.

Derivatives ways of acquiring rights are not so much ways of acquiring as the transfer of rights from one right holder to another. Otherwise, these are ways when a legal entity wishing to acquire a real estate object must take into account, in addition to the requirements of the current legislation, the presence of an existing copyright holder, his will to transfer his rights and obligations to one extent or another.

Real right

Legal Law- subjective civil law, the object of which is a thing. A person who has a property right exercises it independently, without resorting to any specific actions, assistance of other obliged persons. The owner of a thing owns, uses and disposes of it at his own discretion within the limits established by law. Property rights can be divided into 2 groups: property rights and limited property rights.

Ownership is included in the list of property rights, and other property rights are only derived from property rights, because the owner transfers his property to another person. A limited real right is an absolute right, i.e. you do not need to turn to third parties to exercise your powers, in contrast to the law of obligations, which is relative. Property rights have as objects individually defined things. Real rights are indefinite, and violation of real rights requires priority satisfaction over those of obligation.

Property right in the objective sense is a set of legal norms governing the possession, use and disposal of the owner of the property at his own discretion and in his own interests and the protection of this property from the encroachments of third parties.

Ownership in the subjective sense consists of the following rights of the owner:

Ownership is the ability to exercise actual domination over a thing.

The right to use is the ability to operate property, extract useful properties from it, receive fruits and income.

The right to dispose is the ability to determine the legal and actual fate of a thing.

Limited property rights:

the right of economic management; the right of operational management; the right to life-long inheritable land ownership;

the right to permanent use of the land plot; easement. other property rights.

Business management... The proprietary right of a non-owner legal entity to own, use and dispose of the property assigned to it within the limits determined by law.

Subjects: Unitary enterprises (with the exception of state enterprises) of all forms of ownership; subsidiaries created by unitary; state concerns.

A unitary enterprise is a commercial organization that is not endowed with ownership of property assigned to it by the owner of this property. His property is indivisible and cannot be distributed by contributions (shares, shares), including among the employees of the enterprise.

Object: a complex of property, which, in accordance with the established procedure, is assigned to the holder of this right.

Operational management... The right of a non-owner legal entity to own, use and dispose of the property assigned to it within the limits determined by the law, in accordance with the tasks of the owner, the purpose of the property.

Subjects: state-owned enterprises; institutions as a type of non-profit legal entities.

A state enterprise is one of the types of state enterprises. According to the Civil Code of the Russian Federation, a unitary enterprise based on the right of operational management is considered a federal state enterprise. State-owned enterprises are budgetary organizations.

Object: a complex of property, in accordance with the established procedure, assigned to the specified legal entities.

Inherited Life Ownership of Land

The bearer, not being the owner of the land plot, is endowed with respect to his powers of ownership, use for life with the transfer of this use by inheritance.

Subjects: individuals.

The right to permanent (unlimited) use of a land plot

The right to use, not limited by the setting of a period.

Subjects: state or municipal institutions, state enterprises, state authorities, local government bodies.

Servitude is a limited right to use property owned by another person.

Grounds for occurrence: agreement. If no agreement is reached, then the person has the right to file a claim with the court. The owner of the plot has the right to demand payment for the use of his property. Servitude is characterized by the right to follow the fate of the main thing.