Real Estate Register
The new federal law "On State Registration of the Real Estate" No. 218-FZ dated 13 July 2015 entered into force on 1 January 2017 and introduced a number of significant changes to the procedure of real estate registration. Some important changes will come into force in 2018.
Merged Real Estate Register
The previous real estate related registers, the Unified State Register of Real Estate and Transactions Therewith (which contained information on rights to the real estate) and the Re-al Estate Cadaster (which contained information on technical features of the real estate) were merged into the new Unified Real Estate Register which contains both technical and legal in-formation on each real estate item.
Therefore, in order to obtain information on the technical and legal features of a real es-tate item, it is now sufficient to obtain one excerpt from the Unified Real Estate Register. The excerpt may be issued in electronic form within 1-2 days since the date of application, which makes reviewing information on registered real estate much easier and quicker.
Reduced Registration Terms
The terms for registration of rights to real estate were reduced from ten to seven busi-ness days. Registration of technical and legal features may be performed simultaneously and in no more than two steps. The term for simultaneous registration is ten business days since the date of application.
Russia-Wide Competence of Registration Authorities, Establishment of Multifunctional Centers
It has become possible to submit an application for registration to any registration au-thority, irrespective of the location of the real estate the rights to which are subject of the reg-istration. Previously, such registration was possible only with the authority at the place of the concerned real estate item.
Furthermore, the documents may be submitted not to the registration authority, but to a multifunctional center. Such centers exist in many regions and provide easier procedures for submission of the documents. However, if a registration application is submitted to such mul-tifunctional center, the terms for registration are prolonged for two business days.
Improvement of Legal Certainty Regarding Suspension and Denial of Registration
The legal grounds permitting the registration authorities to suspend or deny registration were clearly specified in the laws. The new law has introduced a detailed list of grounds for suspension of registration. The list includes almost all situations which may lead to the impos-sibility of the registration (e.g. an application contradicts rights previously registered). As pre-viously the grounds were not clearly specified in the law, registration authorities were able to suspend or deny registration unreasonably.
If the grounds for suspension are not eliminated within three months (previous law pro-vided for one month), the registration application will be denied. The term for a suspension of a registration upon the request of person applying for state registration was also extended from three months to six months.
Corporate Documents of Russian Legal Entities No Further Required
It is no longer required to provide statutory documents of Russian legal entities register-ing their rights to real estate. Previously, such statutory documents formed a huge part of the set to be submitted to the registration authorities. Now, the registration authorities request statutory documents of Russian legal entities directly from the Legal Entities Register. This rule does not affect non-Russian legal entities which have to submit their statutory documents to-gether with an application for state registration of their rights to real estate.
To view the full article, please click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.