Federal Registration Service: registration procedures for rights to real estate and access to Realty Register information are updated.

24.12.2009

Legal Update No. 99.

Goltsblat BLP advises that the published Federal Law of 21 December 2009 No. 334-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” (“the Law”) updates the procedure for state cadastral recording, registration of rights and provision of information from the State Real Estate Cadastre and the Unified State Register of Real Estate Rights and Transactions.

1.  Formalisation of real estate rights has been simplified:

  • Applications and documents for state registration of rights may be submitted by post provided the value is declared, an inventory of the contents attached and a delivery receipt provided. In this case, however, there are additional requirements on the format of the documents:
    • the signature on the application must be notarised;
    • the transaction, too, must be notarised;
  • The application and other documents for state registration of rights may be submitted in conjunction with the application for state cadastral registration;
  • It is no longer necessary always to include a cadastral passport for a land plot among the documents for state registration of rights, though this requirement is retained in a number of cases, such as lease registration. 

2.  Access to Realty Register information has been simplified:

  • An excerpt concerning the rights to a real estate item or the rights of an individual person to its real estate can be requested and obtained in any constitute entity of the Russian Federation,  not necessarily in the one in which the real estate is located. If information is requested from the rights registration authority of one constituent entity of the Russian Federation about real estate located in a different such entity, 14 working days are required for providing the information.
  • Such a request may be submitted by post (in which case, as a general rule, the applicant’s signature needs to be notarised), or by public communications networks (in which case the request must bear an electronic digital signature) or other technical means of communications .

3.  The law establishes the right of persons leasing state- or municipally-owned land plots leased out for a period of over five years to submit applications for registration of changes to such land plots. Since the law does not envisage otherwise, it may be assumed that, among other things, the tenants are entitled to submit applications concerning changes to State Real Estate Cadastre information about the land category and (or) the permitted use of a land plot.

4. Under the Law, state registration is not permitted of rights to a real estate facility that has been or is being created if the State Real Estate Cadastre lacks any information about the land plot on which such facility is located. There are exceptions to this, for instance, if the right to such a land plot is registered in the Realty Register.

5. During the validity of State Real Estate Cadastre information of a temporary nature  about a real estate facility that has been created, such information may be annulled and excluded from the State Real Estate Cadastre at the request of the owner of the transformed real estate facility .

6. The final date for state registration of buildings, structures, premises and construction in progress to be carried out in the manner established by regulatory acts in the sphere of state technical registration and technical inventory of capital construction facilities has been extended until 1 January 2013, i.e., the provisions of the Federal Law “On the State Real Estate Cadastre” do not yet apply to such facilities.

7. The existing practice of introducing into the Cadastre information about the location of buildings, structures and construction in progress on a relevant land plot in the manner established by the legislation for registering part of a real estate facility has been legislatively confirmed. The law permits this up until 1 January 2013 and only if the given land plot is state or municipal property.

 With the exception of certain individual provisions, the law comes into effect on 1 March 2010.

For additional information, please contact:

Vitaly Mozharowski, Partner, real Estate and Construction, Goltsblat BLP,
Tel: +7 (495) 287 44 44,
Email: info@gblplaw.com

Elena Barinova, Partner,
Real Estate Investment and Finance,
Goltsblat BLP,
Tel: +7 (495) 287 44 44,
Email: info@gblplaw.com

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