Those who are faced with buying and selling land, residential houses, apartments and other real estate agree that this event is not a simple one. That there is only one "paperwork" and trips to all kinds of instances: To simplify the problem for those wishing to sell (buy) property, let give some advice and clarification. It should be noted that if all transactions Real estate subject only to the requirements of the Civil Code of Ukraine, the procedure would look pretty simple. But, unfortunately, the state for the owners or who want to become property owners have prepared a lot of rules necessary for the rule of law on contracts. Thus, the main acts (of course, after the Civil Code), which must comply with all real estate transactions, serve as storage, "On state registration of rights in rem in immovable property and restrictions" (as amended) and the Order of the Ministry of Justice on July 28, 2010 № 1692 / 5, which introduced amendments to the Order of July 7, 2002 , № 7 / 5 "On Approval of Provisional Regulations on the procedure of state registration of ownership of real property (hereinafter - the Order). Someone may say, why, they say, such a check - the house he gave the money a receipt received - and all . So, according to the Civil Code, real estate transactions subject to obligatory state registration and their form must meet the requirements of the notarial registration. In turn, Section 1.2. Order of State Registration of Rights - is the official recognition and confirmation by the state of facts, transfer or termination of ownership rights and other real rights on immovable property, as well as ownership of the unfinished construction by making an appropriate entry in the Register of ownership rights to real estate. In other words, the seller of real estate will cease to be the owner and the buyer becomes full owner of property acquired from the state registration of rights . What are the properties subject to registration under Law of Ukraine "On state registration of rights in rem in immovable property and restrictions, mandatory registration shall include: ownership of real property, the right of possession, use (easement), the right to use the land for agricultural purposes, the right to development land, the right of economic management, the right of operational control, the right of permanent use and the right to lease the land, the right to use (employment, lease) a building or other capital facilities, and their individual parts, mortgage, trust asset management. compulsory state registration also require a tax lien whose subject is real estate and other encumbrances. This registration is subject to the ownership of the finished construction of real property taken into operation in accordance with legislation. But unfinished construction objects, or rather the rights thereto are subject to mandatory state registration only in cases of transactions, which subject they also perform. This means that it is not put into operation a house you can not sell (buy) the house will have to register ownership of an incomplete object, then the new owner would have his "complete construction, rent, maintenance, etc. which in practice equates to more than cost time, money and nerves. Yes, temporary structures (for example, a house for storage of construction equipment or seasonal greenhouse) and the rights they are not subject to registration. Collecting documents So, for the state registration of, transfer or termination of ownership and other rights in rem in immovable property owner submitted to the Registrar BTI application of the established forms of state registration (form established by Order). Along with the application of state registration of rights (whichever is made whether ownership or other proprietary rights) filed legal documents, their notarized copies of documents certifying the payment for the registration of rights and the issuance of statements on the state registration of rights, as well as other documents determined by the order. You should know that he applied a special account registered in the register of applications by assigning the serial number. To avoid red tape and various "come tomorrow", do not forget about the norm of § 3.7. Order, pursuant to which registration rights or the provision denying it carried out within a period not exceeding 14 working days from the adoption registrar TIB statement is true, without regard to the time of the technical inventory of , the rights to which are subject to registration. Therefore the applicant entitled to the time of application (ie its registration in the register) to require a receipt from the registrar, the registrar who returns after a decision on the application (§ 2.11 of the Order). Now a little about the formal side of the issue. Thus, the time of application the individual must present a passport or other document (Ukrainian passport for travel abroad, a diplomatic or service passport, certificate of residence of a person residing in Ukraine, a national passport of an alien or a substituting document) which eliminates the appearance of any doubt regarding the identity of the applicant, and if the deal draws a representative party, it must submit and authorization form. Of course, depending on the type of the bargain by which transfer of rights to immovable property, the documents will be different. For example , if any encumbrance of real estate mortgage registrar BTI submitted documentary evidence of the mortgagee (usually a bank) the consent of the mortgagor to transfer the mortgaged property for the use (rent, lease). Or, for example, in the case of registration of unfinished construction in addition to the application accompanied by documents evidencing title to land, permission for construction works and their copies. The text of documents filed for state registration of rights, must be written legibly. Surname, name of individuals and their place of residence, and Name of legal entities and their location must be written in full. not accepted for state registration documents with erasures or dopiskami, crossed out words, or otherwise not due to corrections, completed in pencil (paragraph 2.10 of the Order). With what we depart from BTI? The result of all the torment and hikes in BTI has become an extract from the Register of state registration of rights, which is an integral part of the title document, in the case of state registration of property rights and other rights to real estate BTI must make a mark (to stamp) on the state registration on the title documents. With regard to discharge, in accordance with § 3.11 of the Order, it must contain the date of issue and number of statements, the registration number of the object, the rights to which are subject to state registration, the type (designation) of the object, the rights to which are subject to state registration (house, apartment, premises, facilities under construction etc.), and the address of the facility; information about the owner, the base of, transfer or termination of ownership rights, ownership, type of joint ownership and size of the shares, if the property belongs to the right of common ownership; information assigns; grounds for the emergence, transition or termination of real rights, the content and characteristics of property law, validity of property law, the date of the decision on registration of rights, special notes registrar ICE (in case of availability of data on unauthorized construction, prohibition and / or arrest of property tax lien, etc. n.) Name and signature of the registrar BTI and BTI director. This statement is sealed together with BTI and legal documents or instruments under which conducted state registration of ownership of an object under construction, are given in the hands of the applicant or person authorized by him. Certainly , this is not all the requirements for contracts relating to the transfer of ownership of real property. On the other nuances of the sale, purchase, gift, real estate and features of registration of ownership of real estate in Kiev talk another time. Infospravka What documents should be collected List of documents of title under which conducted state registration of title to real property: 1. Treaty on the basis of which provides for transfer of ownership (sale, exchange, donation, life annuity, the ancestral treaty, agreement on the division of immovable property situated in common ownership, etc.) 2. Certificate of inheritance, issued by a notary public 3. The certificate of ownership for a share in the common property of both spouses in the event of death of one of them issued by a notary public, 4. Certificate of purchasing property at a public tenders (auctions), issued by a notary public 5. The certificate of title issued by the authority of the privatization of residential tenants of state and municipal housing 6. The certificate of title to real property, issued by the local authority, 7. The court's decision on the recognition of property rights to immovable property, to establish the fact of ownership of immovable property; 8. and some others. The list of documents of title under which conducted state registration of rights in rem in immovable property: 1. The contract, which provides for the establishment of an easement on real estate object located on the land, the tenancy agreement (lease) a building or other capital facilities, 2. The court's decision to establish an easement on the subject real property, located on a plot of 3. The will, which establishes an easement on immovable property situated on the land section 4. The law, which provides for the establishment of an easement on immovable property situated on a plot.
No comments:
Post a Comment