By law, such transactions as donation, purchase andthe sale of real estate, does not necessarily certify the notary. Agreement may be executed in writing, but it is necessary to carry out the state registration is mandatory. As established by the applicable law, property law, as well as the right to use, mortgages, easements and other rights to property must be registered in the prescribed manner.
State registration of contracts, as well as ownership rights to premises, land plots and other real estate, takes place in a special registering body - Rosreestr.
For registration of the origin of the right toreal estate is charged state duty, payment of which is confirmed by a receipt. In accordance with the legislation on taxes and fees (the Tax Code of the Russian Federation), the state duty for registration of ownership is levied in strictly defined amounts.
The size of the state fee has changed several times in the direction of increase. To date, the following tariffs have been set:
- state duty for registration of ownershipon premises, land plots and other real estate for citizens is established in the amount of - thousands of rubles, for legal entities (organizations), state duty is 15 thousand rubles;
- the state duty for registration of the ownership right to the investment share fund being part of the investment fund is paid in the amount of 15 thousand rubles;
- The fee for registration of ownership is one hundred rubles and is levied upon registration of a part in the collective real estate of an apartment building.
To support gardeners and truck farmers whowant to formalize their right to garden plots under the "dacha amnesty", that is, in a simplified manner, the law establishes a minimum state duty for the registration of ownership - 200 rubles.
This category includes individuals,who want to register their rights to a piece of land intended for IZhS (individual housing construction), garage construction, private household plots.
The right of ownership of the erected on thisThis category of persons can also register a building plot by paying the state fee of 200 rubles. When applying to the registration authority for the purpose of registering the right, the parties to the contract must submit the required package of documents.
In order to register the right to property, as well as the contract, the following documents are submitted to the territorial department of Rosreestr together with the receipt for payment of the state duty:
- certificate certifying the right to property of the seller for the given premise;
a document that is the basis forreceipt by the seller of the certificate, for example, the contract of gift of an apartment, house or land plot, a certificate confirming the right to inheritance under a will or by law;
- an application from the seller's spouse that he or she does not object to the transaction.
Additionally, other available documents may be submitted.
In order to register the right toownership, all the documents prepared must be submitted by the parties either personally or by their representatives, whose powers are formalized at the notary and where notarized attorneys are issued.
The power of attorney for the registration of the property right must contain an indication of the rights that the representative is entitled to, in accordance with it, including:
- the representative's right to submit to the registration authority all necessary documents,
- the right to sign and receive a registered contract as well as a certificate based on the results of the registration activities.
If the representative is not entitled to receive money from the transaction, this must also be stipulated in the power of attorney.