Article 42. Features of state registration of the right of common ownership of real estate

Large-scale amendments to the Law on State Registration of Real Estate have been adopted

Federal Law of April 30, 2021 N 120-FZ

At the end of last week, the President of the Russian Federation signed a law that introduces large-scale changes to legislation related to issues of state cadastral registration and state registration of rights to real estate. The Law on State Registration of Real Estate has undergone the greatest changes. Among these amendments the following can be noted.

— The Law on State Registration directly enshrines the powers of the subordinate institution of Rosreestr (Federal Cadastral Chamber). Such powers include, in particular, the on-site acceptance of applications for cadastral registration and state registration, the issuance of documents related to accounting (registration) to applicants, the provision of information contained in the Unified State Register, and the performance of functions as an operator of the information system for maintaining the Unified State Register.

— The list of grounds for cadastral registration and state registration has been supplemented with an indication of the decisions of arbitration courts for which writs of execution were issued; cases are specified when the grounds for accounting (registration) include a boundary plan, a technical plan, a map-plan of the territory and a survey report.

— The circle of persons who have the right to act as applicants for cadastral registration and state registration is expanding. These include, in particular, holders of easements during accounting (registration) in connection with the creation of a real estate property on a land plot; heirs of persons who owned real estate objects - during accounting (registration) in connection with the termination of the existence of the relevant objects; bodies of state power (local self-government), which are entrusted by law with the responsibility for the formation of land plots related to the common property of the owners of premises in apartment buildings - during the state cadastral registration of such land plots.

— It is provided that all acquirers of this right apply for cadastral registration (state registration) in relation to a property that is being acquired as a common shared property.

— At the legislative level, a legal position developed by judicial practice is enshrined, according to which, in the event of liquidation of a legal entity that is the seller of a real estate object, the transfer of ownership of this object can be registered at the request of the buyer, if the object is transferred into his possession and the buyer has fulfilled the obligation to payment. In a similar way, this issue will be resolved in the event of exclusion of the selling organization from the Unified State Register of Legal Entities.

— It has been established that in cases where the refusal to carry out cadastral registration (state registration) is recognized by the court as illegal and the court decision indicates the need to carry out registration (registration), these actions are carried out without filing an application on the basis of a court decision received by the registering authority.

— A ban is introduced on the creation of unofficial websites and software through which access to the information resources of the Unified State Register is provided. At the same time, the actions of state authorities, local governments, organizations or citizens to provide information containing USRN information, which at the same time:

1) the form and the totality of information contained in it does not correspond to the forms for providing information from the Unified State Register of Real Estate;

2) does not contain the signature (including electronic signature) of officials of Rosreestr or the Federal Cadastral Chamber.

— Art. has been adjusted. 42 of the Law on State Registration of Real Estate, which provides for cases in which mandatory notarization of transactions for the alienation of shares in the right of common ownership of real estate is not required. In particular, it enshrines the legal position developed by judicial practice, according to which, if the subject of the transaction is a share in the right of common ownership of a land plot of agricultural land, then such transactions do not require notarization (previously, the specified norm stipulated that the requirement on mandatory notarization of transactions for the alienation of shares in the right of common ownership of real estate does not apply to cases of alienation of land shares).

The listed changes, as well as a number of other provisions of the law under consideration, came into force on the date of its official publication - April 30, 2021.

A number of changes will take effect at a later date. Thus, from October 28, 2021, in particular, the following amendments will come into force.

— The deadlines for state registration are being adjusted for some reasons provided by law. For example, subsequent DDU agreements concluded after the state registration of the first such agreement will, as a general rule, be registered within 5 working days from the date of receipt of the necessary documents by the registering authority (in the case of receipt of documents in electronic form - within 3 working days). When submitting the relevant documents through the MFC, the registration period will be up to 7 working days. Thus, the period for registering subsequent DDU agreements will be reduced by two working days.

— There is no restriction on the maximum permissible size of a parking space.

— It is provided for the information contained in the Unified State Register to be posted on the official website of the registration authority (with the exception of information to which access is limited by federal law and information about the copyright holders of real estate, including their personal data). The composition of the information to be posted and the procedure for its placement will be established by the Ministry of Economic Development of Russia.

Certain provisions of the law will come into force on January 1, 2023. These include a rule providing for cases when an application for cadastral registration (state registration) can be sent through a personal account on the website of the registering authority without signing with an enhanced qualified electronic signature of the copyright holder. In this order, it will be possible to send, for example, an application for cadastral registration and registration of ownership of a created or reconstructed individual housing construction project, a garden house; application for entering into the Unified State Register of Information about a previously registered property; statement of the copyright holder about the impossibility of state registration without his personal participation.

In connection with the amendments to the Law on State Registration of Real Estate, changes are also being made to a number of other federal laws, including the Law on Cadastral Activities, the Land Code of the Russian Federation, and the Housing Code of the Russian Federation.

Information provided by: https://demo.garant.ru/#/document/57401944/paragraph/45909:15

photo from source https://odincovo.kb-realty.ru/uslugi/registraciya-prav-sobstvennosti-na-nedvigimost/

Federal Law No. 76-FZ dated 01.05.2019 “On amendments to certain legislative acts of the Russian Federation regarding the specifics of changing the terms of a credit agreement, loan agreement, which were concluded with a borrower - an individual for purposes not related to his business activities, was published. and the borrower’s obligations under which are secured by a mortgage, at the borrower’s request.” In accordance with paragraph 1 of Article 6, this document comes into force 90 days after the day of official publication (published on the Official Internet Portal of Legal Information https://www.pravo.gov.ru - 05/01/2019).

Article 5 of the Federal Law of May 1, 2019 No. 76-FZ In Part 1 of Article 42 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (Collected Legislation of the Russian Federation, 2015, No. 29, Art. 4344; 2021 , N 23, Art. 3296; N 27, Art. 4248, 4284; 2021, N 27, Art. 3938; N 31, Art. 4766; 2021, N 32, Art. 5131) the third sentence should be stated as follows: “ 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 shared ownership of their shares in one transaction, transactions related to property constituting a mutual investment fund or acquired for inclusion in 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 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 this Law), as well as agreements on mortgage of shares in the right of common ownership of real estate, concluded with credit organizations.” From July 31 of this year, mandatory notarization for significant parts of transactions with shared ownership. From July 31, 2019, participants in shared ownership, with simultaneous alienation by all participants, will be able to alienate it (purchase and sale, donation, exchange, allocation of shares) without notarization, under a contract or agreement in simple written form. Of course, fundamental exceptions to this rule remain. Transactions on the alienation of real estate or shares in the right to it belonging to incapacitated and minor owners are subject to mandatory certification by notaries (and require permission from the guardianship and trusteeship authorities) (the acquisition of real estate by incapacitated and minors does not require these conditions). In addition, transactions for the alienation of shares in ownership by separate agreements (not by all participants in shared ownership at once under one transaction), as before, require notarization and written notification of all other participants in shared ownership of the sale, indicating the terms of the transaction. Further, the law allows legal spouses to register joint ownership of an apartment, house, land plot, room or share in the right to these real estate objects in simple written form (common joint property is the legal property regime of spouses). But if spouses acquire real estate as shared ownership (in the contractual mode), it is necessary to certify the transaction by a notary, or submit to Rosreestr, along with the agreement in simple written form, a notarized marriage contract, which spells out the contractual regime of ownership of property acquired during marriage. Source of publication Official Internet portal of legal information https://www.pravo.gov.ru, 05/01/2019, Note to the document The document begins to be valid on 07/31/2019.

Why does Rosreestr send the DCT to the notary?

July 31, 2019, changes to Art. 42 of Federal Law No. 218-FZ “On State Registration of Real Estate” . The new wording of Article 42, paragraph 1 abolishes notarial transactions with shared ownership.

From January 1, 2021 to July 31, 2021: Federal Law No. 218-FZ “On State Registration of Real Estate”. Article 42: ...transactions on the alienation of shares in the right of common ownership of real estate, including when all participants in shared ownership alienate their shares in one transaction, are subject to notarization...

Previously, (until July 1, 2018), the purchase of real estate under the DCP (Purchase and Sale Agreement) using maternity capital funds was registered as common ownership. In some cases a prenuptial agreement was required, in others not. Many sales and purchase agreements were completed without a prenuptial agreement.

Spouses, acquiring shared ownership of a property, enter into an agreement containing elements of a marriage contract, since it expresses the will of the spouses to change the regime of joint ownership established by law, in connection with which the specified agreement is subject to notarization or the spouses enter into a marriage contract.

Currently, (from 01.08.2019) in the case of the sale of the common property of the parents, the Sale and Purchase Agreement can be drawn up in simple written form. But at the same time, Rosreestr will require a marriage contract from sellers .

Rosreestr will send you to a notary in case of unfulfilled obligations to allocate a share to children in cases where:

• The property belongs to the parents on the basis of common shared ownership, and the children's shares are allocated only to one of the parents.
• Real estate with mortgage. The residential premises were purchased using mortgage funds, but they still decided to allocate shares to the children - since a mortgage of shares will be registered on the basis of an agreement on the allocation of shares. (see Article 42 of Federal Law-218 “On State Registration of Real Estate”).
• The couple divorced. During a joint marriage, when purchasing a home, the spouses used mat capital funds along with their money (there is a division of jointly acquired property). According to Part 2 of Art. 38 of the RF IC, such a transaction is subject to notarization.

When can you execute transactions without a notary with shares and capital??

• If maternity capital funds are sent as the missing amount when purchasing a home, and in the purchase and sale agreement, the parties immediately indicate the size of the shares that will become the property of all family members.
• If previously the property was registered as joint joint ownership of spouses or as sole property of one of the parents, then you do not need to go to a notary . To allocate shares to all family members, you can draw up an Agreement on Determination of Shares in simple written form, which indicates the size of the share of each family member, or draw up a gift agreement , but in this case, it will be impossible to redistribute the shares of children.

Until 07/01/2018, it was impossible to make an entry in the Unified State Register of Rights (USRN) about the common joint ownership of spouses for a share in the right. The Civil Code allowed this, but the Rules for Maintaining the Unified State Register did not! And we had to register shared ownership of jointly acquired property. And this is not a legal, but a contractual regime of property, essentially the division of property acquired during marriage. And such transactions are notarized!

• If the property belongs to the spouses under the right of common shared ownership (there is a marriage contract) and when both parents allocate shares to the children. (changes in Article 42 of Federal Law No. 218-FZ, which entered into force on July 31, 2019)

Source: VRBN Information Department

Information Department

15.08.2019.

All news

Important information for purchasing an apartment in Vladimir:

What will change for participants in turnover in connection with the entry into force of 218-FZ?

The adoption of the Law on State Registration is aimed at unifying the actions of participants in the circulation of real estate, creating a single body that interacts with such participants, as well as creating a unified database of information on real estate objects. The implementation of the provisions of the Law on State Registration of Real Estate will make it possible to differentiate rights and obligations, reduce the number of discrepancies that are currently contained in the State Property Code and the Unified State Register, and ensure prompt receipt of information about real estate objects.

As follows from the provisions of the Law on State Registration, the authority to maintain the Unified State Register will be granted to the Federal Service for State Registration of Cadastre and Cartography (Rosreestr).

The Law on State Registration states that the Unified State Register will consist of graphic and text parts containing information about real estate objects. The information contained in the Unified State Register will be publicly available (except for cases where the confidentiality of such information must be maintained by law, for example, banking, tax, state secrets, etc.). Article 7 of the Law on State Registration defines the groups of information contained in the Unified State Register. Articles 8-12 are devoted to the procedure for maintaining and recording information in groups defined by Article 7 of the Unified State Register of Real Estate. The Unified State Register will be maintained electronically. Currently, the real estate cadastre and the Unified State Register are maintained on electronic and paper media, with the latter having priority.

In many ways, the wording of the Law on State Registration repeats the provisions of the Federal Law of July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” and the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”. At the same time, the Law on State Registration makes some changes to the procedure for state registration of rights to real estate and transactions with it.

In particular, due to the provisions of the Law on State Registration, in a number of cases state cadastral registration and state registration of rights are carried out simultaneously. Of course, such a change will significantly save time when registering and registering rights. The list of cases allowing for state cadastral registration and state registration of rights at the same time is contained in paragraph 3 of Art. 14 of the Law on State Registration on state registration. The list of cases excluding this possibility is indicated in paragraphs 4, 5 of Art. 14 of the Law on State Registration.

You may be interested in: Services for reducing cadastral value.

Article 42 as the main regulator of the rules for preparing a procurement notice

Since the potential circle of participants must be notified in advance about the implementation of each purchase, the customer is obliged to prepare such documentation that will fulfill the role of such an informant. In accordance with the rules established by Article 42 of the Federal Law “On the contract system in the field of procurement”, such documentation is called a notice.

This article of the Federal Law acts as the main regulator of the content of the notice, and also forms a number of requirements that the state or municipal customer and a person equated to them are obliged to comply with. It is on the basis of the provisions of this article that the distribution also occurs of those basic parameters that must be reflected if the procurement being carried out for some reason establishes such parameters in relation to

participants

.

The main content of the notice in the form of a list of necessary information about the ongoing procurement is contained in paragraph 2 of this article. In the event that we are talking about carrying out procedures with a limited number of participants, for example, a closed competition or auction, then you will also need to refer to the content of paragraph 4 of this article, since it is this paragraph that gives the customer the right to formulate in the notice the possibility of limiting the circle of potential performers by order.

Article 42 of the Federal Law “On Insolvency (Bankruptcy)”. Acceptance of an application to declare a debtor bankrupt

1. A judge of an arbitration court shall accept an application to declare a debtor bankrupt, filed in compliance with the requirements provided for by the Arbitration Procedural Code of the Russian Federation and this Federal Law.

If the debtor's application to the arbitration court is mandatory, but not all the documents provided for in Article 38 of this Federal Law are attached to the said application, the said application is accepted by the arbitration court for proceedings and the missing documents are requested when preparing the bankruptcy case for trial.

2. The judge of the arbitration court shall issue a ruling on the acceptance of an application to declare a debtor bankrupt no later than five days from the date of receipt of the said application by the arbitration court.

Advertisement on state registration of a legal entity, taxpayer identification number), as well as the date of consideration of the validity of the application to declare the debtor bankrupt. The registration data of the debtor - a legal entity - is indicated in all judicial acts issued by the arbitration court in a bankruptcy case.

(as amended by Federal Law dated December 30, 2008 N 296-FZ)

The declared self-regulatory organization has the right to familiarize itself with the materials of the bankruptcy case, make extracts from them, and make copies.

4. The arbitration court sends a ruling on acceptance of the application for declaring the debtor bankrupt to the applicant, the debtor, the control (supervision) body, the declared self-regulatory organization, the body carrying out state registration of legal entities.

(as amended by Federal Laws dated December 30, 2008 N 296-FZ, dated December 28, 2016 N 488-FZ)

If the debtor has a license to carry out work using information constituting a state secret, the arbitration court sends a ruling on accepting the application for declaring the debtor bankrupt to the territorial body of the federal executive body in the field of security.

The ruling of the arbitration court, sent to the declared self-regulatory organization, indicates additional requirements for the candidacy of a temporary manager in the event that such requirements are specified in the application for declaring the debtor bankrupt, and information about whether or not the debtor has a license to carry out work using information constituting state secret.

(as amended by Federal Law dated December 30, 2008 N 296-FZ)

A ruling to accept an application for declaring a debtor bankrupt is sent to the body carrying out state registration of legal entities by the arbitration court in the form of an electronic document.

(paragraph introduced by Federal Law dated December 28, 2016 N 488-FZ)

(Clause 4 as amended by Federal Law dated October 24, 2005 N 133-FZ)

5. If the application for declaring a debtor bankrupt is not accompanied by documents from the debtor’s financial statements as of the last reporting date, the arbitration court will request such documents from the debtor. The debtor is obliged to submit documents of his financial statements to the arbitration court no later than five days from the date of receipt of the ruling on the requisition of such documents.

6. Supervision is introduced based on the results of consideration of the validity of the application to declare the debtor bankrupt.

(as amended by Federal Law dated December 30, 2008 N 296-FZ)

A court hearing to verify the validity of the application for declaring the debtor bankrupt is held no less than fifteen days and no more than thirty days from the date of the decision to accept the application for declaring the debtor bankrupt.

(as amended by Federal Law dated December 30, 2008 N 296-FZ)

7. The arbitration court, at the request of the person who filed the application to declare the debtor bankrupt, has the right to take measures provided for by the Arbitration Procedural Code of the Russian Federation to secure the application.

A petition to take measures to secure an application for declaring a debtor bankrupt is considered by a judge no later than the day following the day the petition is received, without notifying the parties.

Based on the results of consideration of the petition, a determination is made.

The decision to take measures to secure the application is subject to immediate execution.

A determination to take measures to secure an application or to refuse to take measures to secure an application may be appealed. An appeal against this determination is not grounds for its suspension.

8. If, before the court-appointed hearing, the arbitration court receives applications for declaring the debtor bankrupt from other persons, all received applications are considered by the arbitration court as applications to join the bankruptcy case. These applications must be considered within fifteen days from the date of the court hearing to verify the validity of the claims of the first applicant who applied to the arbitration court.

Persons whose consideration of applications has been postponed have the rights provided for in paragraph 7 of this article.

9. The arbitration court approves a temporary manager, whose candidacy is indicated in the recognized justified application for declaring the debtor bankrupt, or a temporary manager or financial manager, whose candidacies are nominated by the self-regulatory organization of arbitration managers specified in such an application.

If there are several applications for declaring a debtor bankrupt, including if the consideration of the validity of the first application for declaring the debtor bankrupt is postponed by the arbitration court, the arbitration court approves a temporary manager, whose candidacy is indicated in the application for declaring the debtor bankrupt, which was the first to be received by the arbitration court , or a temporary manager or financial manager, whose candidacies are nominated by the self-regulatory organization of arbitration managers specified in such an application.

(Clause 9 as amended by Federal Law dated June 29, 2015 N 154-FZ)

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Federal Law of July 13, 2015 No. 218-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

About state registration of real estate

Adopted by the State Duma on July 3, 2015
Approved by the Federation Council on July 8, 2015

(As amended by federal laws dated December 30, 2015 No. 431-FZ, dated April 26, 2016 No. 108-FZ, dated May 1, 2016 No. 119-FZ, dated June 2, 2016 No. 172-FZ, dated June 23, 2016 No. 221-FZ, dated 07/03/2016 No. 265-FZ, dated 07/03/2016 No. 304-FZ, dated 07/03/2016 No. 315-FZ, dated 07/03/2016 No. 351-FZ, dated 07/03/2016 No. 354-FZ, dated 07/03/2016 No. 361-FZ, dated July 1, 2017 No. 141-FZ, dated July 29, 2017 No. 217-FZ, dated July 29, 2017 No. 218-FZ, dated July 29, 2017 No. 222-FZ, dated July 29, 2017 No. 247-FZ, dated 07/29/2017 No. 280-FZ, dated 11/25/2017 No. 328-FZ, dated 12/31/2017 No. 486-FZ, dated 12/31/2017 No. 506-FZ, dated 12/31/2017 No. 507-FZ, dated 02/28/2018 No. 36 -FZ, dated 04/03/2018 No. 60-FZ, dated 06/29/2018 No. 171-FZ, dated 07/01/2018 No. 175-FZ, dated 08/03/2018 No. 308-FZ, dated 08/03/2018 No. 322-FZ, dated 03.08 .2018 No. 338-FZ, dated 08/03/2018 No. 340-FZ, dated 08/03/2018 No. 341-FZ, dated 08/03/2018 No. 342-FZ, dated 12/25/2018 No. 478-FZ, dated 12/27/2018 No. 538- Federal Law, dated 01.05.2019 No. 76-FZ, dated 17.06.2019 No. 150-FZ, dated 27.06.2019 No. 151-FZ, dated 27.06.2019 No. 153-FZ, dated 18.07.2019 No. 194-FZ, dated 26.07. 2019 No. 238-FZ, dated July 26, 2019 No. 248-FZ, dated July 26, 2019 No. 254-FZ, dated August 2, 2019 No. 267-FZ, dated August 2, 2019 No. 286-FZ, dated August 2, 2019 No. 299-FZ , dated December 27, 2019 No. 480-FZ, dated May 25, 2020 No. 162-FZ, dated May 25, 2020 No. 163-FZ, dated July 13, 2020 No. 202-FZ, dated July 31, 2020 No. 269-FZ, dated December 8, 2020 No. 404-FZ, dated December 22, 2020 No. 445-FZ, dated December 30, 2020 No. 494-FZ, dated December 30, 2020 No. 505-FZ, dated December 30, 2020 No. 518-FZ, dated April 5, 2021 No. 79-FZ, dated April 30, 2021 No. 120-FZ)

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law. Basic provisions

1. This Federal Law regulates relations arising in connection with the implementation on the territory of the Russian Federation of state registration of rights to real estate and transactions with it, subject to state registration in accordance with the legislation of the Russian Federation, state cadastral registration of real estate, subject to such registration in accordance with this Federal Law law, as well as maintaining the Unified State Register of Real Estate and providing the information provided for by this Federal Law contained in the Unified State Register of Real Estate.

2. The Unified State Register of Real Estate is a set of reliable, systematized information about real estate registered in accordance with this Federal Law, registered rights to such real estate, the grounds for their occurrence, right holders, as well as other information established in accordance with this Federal Law.

3. State registration of rights to real estate is a legal act of recognition and confirmation of the emergence, change, transition, termination of a certain person’s right to real estate or restrictions on such a right and encumbrance of real estate (hereinafter referred to as state registration of rights).

4. State registration of rights is carried out by making a record in the Unified State Register of Real Estate of the right to real estate, information about which is included in the Unified State Register of Real Estate. State registration of the transfer of the right to a real estate object, restriction of the right to a real estate object, encumbrance of a real estate object or a transaction with a real estate object is carried out subject to the existence of state registration of the right to this object in the Unified State Register of Real Estate, unless otherwise established by federal law. (As amended by Federal Law No. 120-FZ dated April 30, 2021)

5. State registration of rights in the Unified State Register of Real Estate is the only evidence of the existence of a registered right. The right to real estate registered in the Unified State Register of Real Estate can only be challenged in court. (As amended by Federal Law dated July 3, 2016 No. 361-FZ)

6. The right of ownership and other proprietary rights to real estate and transactions with it are subject to state registration in accordance with Articles 130, 131, 132, 1331 and 164 of the Civil Code of the Russian Federation. In cases established by federal law, restrictions on rights and encumbrances of real estate, in particular easement, mortgage, trust management, lease, rental, are subject to state registration, including on the basis of an agreement, or an act of a state authority, or an act of a local government body. living space.

7. State cadastral registration of real estate - entering into the Unified State Register of Real Estate information about land plots, buildings, structures, premises, parking spaces, objects of unfinished construction, unified real estate complexes, and in cases established by federal law, and about others objects that are firmly connected to the land, that is, the movement of which without disproportionate damage to their purpose is impossible (hereinafter also referred to as real estate objects), which confirm the existence of such a real estate object with characteristics that make it possible to define it as an individually defined thing, or confirm the cessation of its existence , as well as other information on real estate objects provided for by this Federal Law (hereinafter referred to as state cadastral registration). (As amended by Federal Law dated July 3, 2016 No. 315-FZ)

8. The provisions of this Federal Law do not apply to state accounting and state registration of rights to aircraft and sea vessels, inland navigation vessels, and subsoil plots. (As amended by Federal Law dated July 3, 2016 No. 361-FZ)

Article 2. Legal basis for state cadastral registration and state registration of rights

1. The legal basis for the relations specified in Part 1 of Article 1 of this Federal Law is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them. (As amended by Federal Law No. 120-FZ dated April 30, 2021)

2. In cases established by this Federal Law, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the legal basis for the relations specified in Part 1 of Article 1 of this Federal Law is also constituted by regulatory legal acts of the federal executive body authorized to perform functions according to the normative -legal regulation in the field of maintaining the Unified State Register of Real Estate, carrying out state cadastral registration of real estate, state registration of rights to real estate and transactions with it, providing information contained in the Unified State Register of Real Estate (hereinafter referred to as the regulatory body). (As amended by Federal Law No. 120-FZ dated April 30, 2021)

Article 3. The body carrying out state cadastral registration and state registration of rights

1. State cadastral registration, state registration of rights, maintenance of the Unified State Register of Real Estate are carried out by the federal executive body authorized by the Government of the Russian Federation and its territorial bodies (hereinafter referred to as the rights registration body). (As amended by Federal Law No. 120-FZ dated April 30, 2021)

2. The federal executive body specified in Part 1 of this article:

1) coordinates and controls the activities of rights registration bodies;

2) ensures that the rights registration authorities comply with the procedure for maintaining the Unified State Register of Real Estate, and also operates the federal state information system for maintaining the Unified State Register of Real Estate;

3) develops and publishes methodological materials for rights registration authorities on the implementation of state cadastral registration, state registration of rights, maintenance of the Unified State Register of Real Estate, provision of information contained in the Unified State Register of Real Estate;

4) provides training and advanced training for employees of rights registration authorities;

5) exercises other powers established by this Federal Law and other federal laws.

3. The competence of the rights registration body when it carries out state cadastral registration and state registration of rights includes:

1) acceptance of an application for state cadastral registration and (or) state registration of rights and documents attached to it;

2) checking the validity of the documents submitted by the applicant and the availability of the corresponding rights of the person or authority who prepared the document;

3) checking the availability of previously registered and previously declared rights;

4) state cadastral registration and state registration of rights;

5) issuance of documents confirming the implementation of state cadastral registration and (or) state registration of rights;

6) maintaining the Unified State Register of Real Estate, unless otherwise established by this Federal Law; (As amended by Federal Law No. 120-FZ dated April 30, 2021)

7) registration of ownerless real estate in the manner established by the regulatory body;

other powers established by this Federal Law.

(Part as amended by Federal Law dated July 3, 2016 No. 361-FZ)

4. (Part no longer in force - Federal Law dated April 30, 2021 No. 120-FZ)

5. (Part introduced - Federal Law dated 07/03/2016 No. 361-FZ) (Repealed - Federal Law dated 04/30/2021 No. 120-FZ)

Article 31. Federal state budgetary institution subordinate to the body for registration of rights and exercising powers in the field of state cadastral registration and state registration of rights

1. In the field of state cadastral registration and state registration of rights, certain powers and the provision of certain public services may be exercised by a federal state budgetary institution subordinate to the federal executive body specified in Part 1 of Article 3 of this Federal Law.

2. The federal state budgetary institution specified in part 1 of this article, in the field of state cadastral registration and state registration of rights, exercises the following powers and provides the following public services:

1) on-site acceptance of an application for state cadastral registration and (or) state registration of rights and documents attached to it, issuance by courier delivery of documents confirming the implementation of state cadastral registration and (or) state registration of rights, other documents to be issued to applicants after the implementation of the state cadastral registration and (or) state registration of rights in accordance with this Federal Law in the form of documents on paper, as well as notifications of suspension of state cadastral registration and (or) state registration of rights, notifications of refusal to carry out state cadastral registration and (or) state registration of rights, notifications of termination of state cadastral registration and (or) state registration of rights;

2) provision of information contained in the Unified State Register of Real Estate, as well as analytical information obtained on the basis of information contained in the Unified State Register of Real Estate;

3) maintaining the register of boundaries specified in paragraph 3 of part 2 of article 7 of this Federal Law;

4) ensuring information interaction between the rights registration authority and cadastral engineers in accordance with Article 20 of this Federal Law;

5) performing the functions of an operator of the federal state information system for maintaining the Unified State Register of Real Estate;

6) translation of documents contained in register files, the storage of which is (was) carried out in the form of documents on paper, into the form of electronic images of such documents;

7) development, implementation and information support of electronic services necessary for the provision of services in the field of state cadastral registration, state registration of rights and provision of information contained in the Unified State Register of Real Estate, as well as the provision of these services through these electronic services;

determination of the coordinates of characteristic points of the boundaries of adjacent and (or) non-adjacent land plots, determination of the area of ​​such land plots, coordinates of characteristic points of the contours of buildings, structures, unfinished construction objects, as well as coordinates of characteristic points of the boundaries of municipalities, settlements, territorial zones, forestries when correcting errors provided for in Part 3 of Article 61 of this Federal Law;

9) other powers provided for by the decision of the federal executive body specified in Part 1 of Article 3 of this Federal Law, with the exception of the powers established by paragraph 4 of Part 3 of Article 3 of this Federal Law.

3. The federal state budgetary institution specified in part 1 of this article, when exercising powers and providing services provided for in this article, is subject to the requirements provided for by Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services” to the organization and procedure for interaction with applicants in the provision of public services and provisions on liability for violation of these requirements. The provisions of this Federal Law apply to such a federal state budgetary institution insofar as otherwise does not follow from the essence of the relevant legal relations.

4. The federal state budgetary institution specified in Part 1 of this article has the right, in cases established by the Government of the Russian Federation, to prepare the documents necessary for entering into the Unified State Register of Real Estate the information specified in paragraph 3 of Part 2 of Article 7 of this Federal Law.

5. Income from the activities specified in this article, as well as in Part 1 of Article 33 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities”, comes to the disposal of the federal state budgetary institution specified in Part 1 of this article , unless otherwise established by the budget legislation of the Russian Federation.

(Article introduced - Federal Law dated April 30, 2021 No. 120-FZ)

Article 4. Participants in relations in the implementation of state cadastral registration and state registration of rights

The participants in the relations arising during the implementation of state cadastral registration and (or) state registration of rights are the owners of real estate and holders of other rights to it subject to state registration, other persons in the cases provided for by this Federal Law, including citizens of the Russian Federation, foreign citizens and stateless persons, Russian and foreign legal entities, international organizations, the Union State, foreign states, the Russian Federation, constituent entities of the Russian Federation, municipalities, state authorities of the Russian Federation, government authorities of the constituent entities of the Russian Federation and local governments, cadastral engineers, notaries , bailiffs, on the one hand, and the rights registration authority, on the other.

Article 5. Identifiers used in maintaining the Unified State Register of Real Estate

1. Each property, information about which is included in the Unified State Register of Real Estate, has an unchangeable, non-repeating cadastral number over time and on the territory of the Russian Federation, assigned by the rights registration authority.

2. Each record of the right to a real estate object, information about which is entered into the Unified State Register of Real Estate, of a limitation of the right or encumbrance of a real estate object, is identified by an unchangeable registration number that is not repeated over time and on the territory of the Russian Federation.

3. In order to assign cadastral numbers to real estate objects, the rights registration authority carries out the cadastral division of the territory of the Russian Federation into cadastral districts, cadastral districts and cadastral quarters (hereinafter referred to as cadastral division units). When establishing or changing cadastral division units, the relevant information is entered into the Unified State Register of Real Estate on the basis of legal acts of the rights registration authority.

4. Boundaries of zones with special conditions for the use of territories, territorial zones, boundaries of public easements, boundaries of territories of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as cultural heritage sites), specially protected natural areas, special economic zones created in in accordance with Federal Law No. 116-FZ of July 22, 2005 “On Special Economic Zones in the Russian Federation” (hereinafter referred to as special economic zones), hunting grounds, territories of rapid socio-economic development, territorial development zones in the Russian Federation, gambling zones, forestries, the State border of the Russian Federation, borders between constituent entities of the Russian Federation, boundaries of municipalities, boundaries of settlements, coastlines (borders of water bodies), boundaries of the Baikal natural territory and its ecological zones, information about which is included in the Unified State Register of Real Estate, have an unchangeable , an identification register number (hereinafter referred to as the border register number) that is not repeated over time and on the territory of the Russian Federation, assigned by the rights registration authority. (As amended by federal laws dated 03.08.2018 No. 341-FZ, dated 27.12.2018 No. 538-FZ, dated 18.07.2019 No. 194-FZ)

5. The procedure for cadastral division of the territory of the Russian Federation, the procedure for assigning cadastral numbers, registration numbers, and border registry numbers to real estate objects are established by the regulatory authority.

6. Cadastral numbers, registration numbers, and border registration numbers contained in the Unified State Register of Real Estate are mandatory for use in other state information resources, as well as in interdepartmental information interaction.

Article 6. Geodetic and cartographic basis of the Unified State Register of Real Estate

1. The geodetic basis of the Unified State Register of Real Estate (hereinafter referred to as the geodetic basis) is state geodetic networks, as well as special-purpose geodetic networks created in accordance with the legislation on geodesy and cartography (hereinafter referred to as reference boundary networks). (As amended by Federal Law No. 431-FZ dated December 30, 2015)

2. The cartographic basis of the Unified State Register of Real Estate (hereinafter referred to as the cartographic basis) is a unified electronic cartographic basis created in accordance with the legislation on geodesy and cartography. Information about the cartographic basis is posted on the official website of the rights registration authority on the Internet information and telecommunications network (hereinafter referred to as the official website). (As amended by Federal Law No. 431-FZ dated December 30, 2015)

3. Geodetic and cartographic bases are created and updated in accordance with the legislation on geodesy and cartography. (As amended by Federal Law No. 431-FZ dated December 30, 2015)

4. For the conduct of the One