ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of February 14, 2007 No. 29

About approval of the Instruction about features of entering of records into the Unified State Register of Rights on real estate and transactions with it in case of state registration of the rights to the real estate units which are common property in the apartment house, provisions of information on the registered rights of common ownership to such real estate units

According to the Federal Law of July 21, 1997 N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It" (The Russian Federation Code, 1997, N 30, Art. 3594; 2001, N 11, Art. 997; 2001, N 16, Art. 1533; 2002, N 15, Art. 1377; 2003, N 24, Art. 2244; 2004, N 27, Art. 2711; 2004, N 30, Art. 3081; 2004, N 35, Art. 3607; 2004, N 45, Art. 4377; 2005, N1 (h 1), Art. 15, 2005, N1 (h 1), Art. 22; 2005, N1 (h 1), Art. 40; 2005, N1 (h 1), Art. 43; 2005, N 50, Art. 5244; 2006, N 1, Art. 17; 2006, N17 (h 1), Art. 1782; 2006, N 23, Art. 2380; 2006, N 27, Art. 2881; 2006, N 30, Art. 3287; 2006, N 50, Art. 5279; 2006, N 52, the Art. 5498), the Presidential decree of the Russian Federation of October 13, 2004 N1313 "Questions of the Ministry of Justice of the Russian Federation" (The Russian Federation Code, 2004, N 42, Art. 4108; 2005, N 44, Art. 4535; 2005, N52 (h 3), Art. 5690; 2006, N 12, Art. 1284; 2006, N 19, Art. 2070; 2006, N 23, the Art. 2452), the order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It" (The Russian Federation Code, 1998, N 8, Art. 963; 1999, N 52, Art. 6416; 2002, N 41, Art. 3983; 2003, N 37, Art. 3584; 2004, N 47, Art. 4652; 2006, N 48, 5038) I order to the Art.:

1. Approve the enclosed Instruction about features of entering of records into the Unified State Register of Rights on real estate and transactions with it in case of state registration of the rights to the real estate units which are common property in the apartment house, provisions of information on the registered rights of common ownership to such real estate units.

2. Recognize to invalid:

the order of the Ministry of Justice of the Russian Federation of June 27, 2003 N152 "About Approval of the Instruction about Procedure for State Registration of the Rights to Real Estate and Transactions with It in Condominiums" (it is registered by the Ministry of Justice of the Russian Federation on July 7, 2003, N 4874);

Item 5 of Changes and amendments in regulatory legal acts of the Ministry of Justice of the Russian Federation in the field of state registration of the rights to real estate and the transactions with it approved by the order of the Ministry of Justice of the Russian Federation of November 19, 2003 N295 "About Modification and Amendments in Regulatory Legal Acts of the Ministry of Justice of the Russian Federation in the field of State Registration of the Rights to Real Estate and Transactions with It" (it is registered by the Ministry of Justice of the Russian Federation on November 20, 2003, N 5251);

Item 5 of Changes and amendments in regulatory legal acts of the Ministry of Justice of the Russian Federation concerning practice of conducting state registration of the rights to real estate and the transactions with it approved by the order of the Ministry of Justice of the Russian Federation of December 24, 2004 N199 "About Modification and Amendments in Regulatory Legal Acts of the Ministry of Justice of the Russian Federation concerning Practice of Conducting State Registration of the Rights to Real Estate and Transactions with It" (it is registered by the Ministry of Justice of the Russian Federation on December 30, 2004, N 6247).

 

Approved by the Order of the Ministry of Justice of the Russian Federation of February 14, 2007 No. 29

The instruction about features of entering of records into the Unified State Register of Rights on real estate and transactions with it in case of state registration of the rights to the real estate units which are common property in the apartment house, provisions of information on the registered rights of common ownership to such real estate units

I. General provisions

1. The instruction about features of entering of records into the Unified State Register of Rights on real estate and transactions with it in case of state registration of the rights to the real estate units which are common property in the apartment house, provisions of information on the registered rights of common ownership to such real estate units (further - the Instruction) is developed on the basis and according to the Civil code of the Russian Federation * (1) (further - the Civil code), the Housing code of the Russian Federation * (2) (further - the Housing code), the Federal Law of July 21, 1997 N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It" * (3) (further - the Law on registration), the Federal Law of December 29, 2004 N189-FZ "About Enforcement of the Housing Code of the Russian Federation" * (4) (further - the Law on enforcement of the Housing code), The rules of maintaining the Unified State Register of Rights on real estate and transactions with it approved by the order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It" * (5) (further - Rules of maintaining EGRP).

Entering into the Unified State Register of Rights on real estate and transactions with it (further - EGRP) records about state registration of the rights of owners of residential and non-residential premises to the real estate objects which are common property in the apartment house (further - real estate objects), and transactions with them is performed according to the procedure, established by the Law on registration, Rules of maintaining EGRP and other regulatory legal acts of the Russian Federation adopted according to it including the Instruction.

The instruction regulates the questions concerning features of entering of records into EGRP when carrying out by territorial authorities of Federal registration Service of state registration of the rights to real estate objects and transactions with them and also business management of documents of title, provision of information on the registered rights of common ownership to these objects.

2. In view of provisions of Item 1 of Article 290 of the Civil code, Item 1 of article 36 of the Housing code, common property in the apartment house are:

the rooms in this house which are not parts of apartments and intended for servicing more than one room in this house including interroom landings, ladders, elevators, lift and other mines, corridors, technical floors, attics, cellars in which there are engineering communications, other equipment (technical cellars) servicing more than one rooms in this house, and also roofs protecting bearing and not bearing structure of this house, the mechanical, electric, sanitary and other equipment which is in this house beyond limits or in rooms and servicing more than one rooms;

the parcel of land on which this house, with elements of gardening and improvement and other objects intended for servicing, operation and improvement of this house located on the specified parcel of land is located.

The apartment house set of two and more apartments having independent exits or to the parcel of land adjacent to the apartment house or to rooms public is recognized such house; the apartment house comprises elements of common property of owners of rooms in such house according to the housing legislation (Item 6 of the Regulations on recognition of the room by premises, premises unsuitable for accommodation and the apartment house emergency and subject to demolition, N47 "About Approval of the Regulations on Recognition of the Room by Premises, Premises Unsuitable for Accommodation and the Apartment House Emergency and Subject to Demolition" approved by the order of the Government of the Russian Federation of 28.01.2006 * (6)). Proceeding from article 16 of the Housing code, residential domaindividualno-certain buildings which consist of rooms, and also rooms of auxiliary use intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in such building do not belong to apartment houses.

3. According to article 36 of the Housing code:

owners of rooms in the apartment house own, use and in the limits established by the Housing code and the civil legislation dispose of common property in the apartment house;

reduction of the extent of common property in the apartment house is possible only with the consent of all owners of rooms in this house by its reconstruction;

according to the decision of owners of rooms in the apartment house made on general meeting of such owners, objects of common property in the apartment house can be transferred to use to other persons if it does not violate the rights and legitimate interests of citizens and legal entities;

the parcel of land on which the apartment house is located can be encumbered with the right of limited use of other persons.

4. The owner of the apartment in the apartment house along with the room belonging to it occupied under the apartment possesses also share in the property right to common property of the house (Article 289 of the Civil code). In the existing building of settlements the parcel of land on which the apartment house and other real estate units which are part of such house are located is common ownership of owners of rooms in the apartment house (Item 1 of article 16 of the Law on enforcement of the Housing code).

The share in the right of common property to common property in the apartment house of the owner of the room in this house follows destiny of the property right to the specified room; upon transition of the property right to the room the share in the right of common property to common property in this house of the new owner of such room is equal in the apartment house to share in the right of common property to the specified common property of the prior owner of such room (Items 2, 3 articles 37 of the Housing code).

The share in the right of common property to common property in the apartment house of the owner of the room in this house is pro rata to the size of total area of the specified room if the decision of general meeting of owners of rooms accepted before entry into force of the Law on enforcement of the Housing code or other agreement of all participants of equity property on common property in the apartment house do not establish other (article 15 of the Law on enforcement of the Housing code, Item 1 of article 37 of the Housing code).

According to Items 1-4 of article 42 of the Housing code:

the share in the right of common property to common property in the communal flat of the owner of the room in this apartment is pro rata to the size of total area of the specified room;

the share in the right of common property to common property in the apartment house of the owner of the room in the communal flat which is in this house is pro rata to the amount of the sizes of total area of the specified room and the common property determined according to share in the right to common property in the communal flat of this owner of floor area constituting common property in this apartment;

the share in the right of common property to common property in the communal flat of the owner of the room in this apartment follows destiny of the property right to the specified room;

upon transition of the property right to the room the share in the right of common property to common property in this apartment of the new owner of such room is equal in the communal flat to share in the right of common property to the specified common property of the prior owner of such room.

5. According to Item 2 of article 23 of the Law on registration state registration of origin, transition, restriction (encumbrance) or the termination of the right to the residential or non-residential premise in apartment houses at the same time is state registration of the right of common ownership, inseparably linked with it, to common property. Considering these provisions of the Law on registration, origin, transition, restriction (encumbrance), the termination of the right of common ownership to real estate object, including emergence of this right to newly created real estate object, at person, record about whose property right to the room (residential or non-residential) in the apartment house in EGRP is absent, cannot be registered.

State registration of the right of common ownership to real estate object is obligatory in cases when this object is transferred to use (for example, to lease) to any person (persons) or is subject of other transactions based on which the right of common ownership is limited (for example, agreements on the servitude) (Item 2 of Article 6, Item 2 of article 13 of the Law on registration); in case of construction of new real estate object on which owners of rooms have right of common ownership (Article 219 of the Civil code).

II. Submission of documents for state registration of the right of common ownership to real estate objects

6. Submission of documents for state registration of the right of common ownership to real estate objects is performed according to the Law on registration (including Articles 16, 17 and 18 Laws on registration).

Statements for state registration of the right of common ownership to real estate objects, restrictions (encumbrance) of this right can be represented:

owners of rooms in the apartment house;

representatives of owners of rooms in the apartment house, if this right is granted to them based on properly drawn up powers of attorney, the decision of general meeting of owners, on other basis corresponding to the law.

If the decision of general meeting of copartners of homeowners (further-) to the chairman and (or) other board member of condominium it is entrusted to condominium to represent the interests of members of condominium in case of registration of availability, origin, restriction (encumbrance), the termination of the right of common ownership to real estate objects (including to submit applications for state registration), then these powers are confirmed by means of submission of the charter of condominium by these persons (the original or notarially certified copy), the document on election of person to which this right is granted by the chairman, the board member of condominium, the relevant protocol of general meeting of members of condominium (the original or notarially certified copy).

The application for state registration of restriction (encumbrance) of the registered right of common ownership to real estate objects can be submitted also-faced for benefit of which this restriction (encumbrance) of the right (Item 2 of article 13 of the Law on registration) is set.

The petition of person acquiring the room (residential or non-residential) in the apartment house, about state registration of transition to it of share in the right of common ownership to real estate objects, the right of common ownership to which is registered in the integrated Section EGRP (Item 42 of Rules of maintaining EGRP), can contain in the statement for state registration of the property right to the acquired room (for example, according to the purchase and sale agreement).

7. Proceeding from provisions of the Housing code and Law on enforcement of the Housing code, on state registration of availability, emergence of the right of common ownership to real estate objects, restrictions (encumbrance) of this right is also represented:

documents on forming by public authority or local government body of the parcel of land on which the apartment house is located if the parcel of land is created after enforcement of the Housing code (Items 4, the 5th article 16 of the Law on enforcement of the Housing code);

the decision of general meeting of owners of rooms in the apartment house about forming of the parcel of land on which the apartment house (if the parcel of land on which the apartment house and other real estate units which are part of such house are located is not created before enforcement of the Housing code) (Item 3 of article 16 of the Law on enforcement of the Housing code) is located;

plans of real estate objects, including the cadastral plan of the parcel of land on which the apartment house (Articles 17, 18 Laws on registration, Item 5 of article 16 of the Law on enforcement of the Housing code), and also the document of technical accounting of the apartment house containing the information about structure of common property in the apartment house is located;

consent on reduction of the extent of common property in the apartment house of all owners of rooms in this house by its reconstruction (in cases, stipulated in Item 3 articles 36 of the Housing code);

the decision of general meeting of owners of rooms in the apartment house about reconstruction of the apartment house (including with its expansion or superstructure), construction of economic constructions and other buildings, structures, constructions (in cases, stipulated in Item 2 articles 44 of the Housing code);

the decision of general meeting of owners of rooms in the apartment house about limits of use of the parcel of land on which the apartment house, including introduction of restrictions of use is located it (Item 2 of article 44 of the Housing code) if such restriction (encumbrance) of the right of common ownership is subject to state registration;

the decision of general meeting of owners of rooms in the apartment house about transfer to use of common property in the apartment house (Item 2 of article 44 of the Housing code) if restriction (encumbrance) of the right of common ownership for real estate object is subject to state registration;

the agreement on new encumbrance of the parcel of land by the right of limited use between person requiring such encumbrance of the parcel of land and owners of rooms in the apartment house (Item 5 of article 36 of the Housing code) if restriction (encumbrance) of the right of common ownership for real estate object is subject to state registration.

Submission of the cadastral plan of the parcel of land, and also the document of technical accounting of the apartment house containing the information about structure of common property in the apartment house is not required if these the plan and the document were already represented on state registration of the right of common ownership to real estate objects earlier and were placed in the corresponding case of documents of title. Repeated reclamation of the called documents is possible if the parcel of land or the apartment house (the information about them included in EGRP) underwent changes (for example, as a result of reconstruction of the apartment house, including with its expansion or superstructure).

Entering into EGRP of the size of shares in the right of common ownership to real estate object of owners of rooms in the apartment house is performed based on the data containing in the decision (protocol) of general meeting of owners provided on state registration, other agreement of participants of common ownership on common property in the apartment house (article 15 of the Law on enforcement of the Housing code, article 245 of the Civil code, Item 39 of Rules of maintaining EGRP). In the called document the information about owners of specific rooms (residential or non-residential) in the apartment house is also specified.

Submission of the document on the sizes of shares in the right of common ownership to common property in the apartment house is not required if it was already represented on state registration of the right of common ownership to real estate objects earlier and was placed in case of documents of title. Repeated reclamation of the called document is possible in case of change of the size of shares in the right of common property to common property in the apartment house (for example, as a result of reconstruction of the apartment house, including with its expansion or superstructure).

If at the time of submission of documents for state registration of availability of the right of common ownership to real estate objects in the existing building of settlements in EGRP there are no records about state registration of availability of the rights of owners (certain owners) of the rooms in the apartment house which arose before enforcement of the Law on registration also originals and copies of the documents of title confirming availability at these persons of the rights to rooms are represented (for example, the certificate on the right to inheritance). After the carried-out state registration of the right of common ownership to real estate objects originals of documents of title return to the applicant, and copies of documents of title are located to documents of title.

III. Entering into EGRP of records about the right of common ownership to real estate objects, business management of documents of title

8. Entering into EGRP of records about the right of common ownership to real estate objects is performed according to Rules of maintaining EGRP.

According to Item 42 of Rules of maintaining EGRP in case of registration of the right of common ownership for real estate objects the Sections EGRP relating to the parcel of land on which the apartment house is located and to other real estate objects which are part of common property in the apartment house unite in whole. At the beginning of such integrated Section subsection I forms for the description of the apartment house and real estate objects which are common property in the apartment house, the right of common ownership to which is subject to state registration in the integrated Section (the parcel of land, etc.), then subsection II forms for registration of the rights of common ownership for the specified real estate objects of persons who are owners of residential and non-residential premises in the apartment house, further subsection III forms for registration of restrictions (encumbrance) of the right of common ownership, are located. After the integrated Section Sections in which the rights of owners of residential and non-residential premises to the rooms belonging to them in the apartment house are registered follow.

9. According to Item 42 of Rules of maintaining EGRP in the subsection I-2 ("The building, construction (common property in the apartment house)"), containing the description of the apartment house and placed at the beginning of subsection I of the integrated Section EGRP, are specified:

in the column "Name" - the words "apartment house";

in the column "Appointment" - the words "common property";

in the column "Area" - total area of the apartment house less total area of the rooms (residential and non-residential) belonging to owners of rooms and not being common property (based on the submitted documents, including the document of technical accounting of the apartment house containing the information about structure of common property in the apartment house);

in the column "Special Marks of the Registrar" - structure of common property in the apartment house (based on the submitted documents, including the document of technical accounting of the apartment house containing the information about structure of common property in the apartment house):

real estate objects, the right of common ownership to which is declared on state registration (their name and cadastral (conditional) numbers);

things, the right of common ownership to which is not declared on state registration as real estate objects, for example, the attics which are in common ownership, technical floors (including the built-in garages and platforms constructed at the expense of means of owners of rooms for road transport, masterful, technical attics), technical cellars in which there are engineering communications (their name and cadastral or accession numbers). Data on components of common property in the apartment house which cannot be described as independent things, for example, about bearing walls, plates of overlappings, windows and doors of rooms public, handrail, parapets, do not join in the column "Special Marks of the Registrar".

In the subsection I-2 ("The building, construction (common property in the apartment house)"), containing the description of the apartment house and placed at the beginning of subsection I of the integrated Section EGRP, the columns "Cadastral Number", "Conditional Number", "Previous Cadastral (Conditional) Number", "Subsequent Cadastral (Conditional) Number" are not filled in.

For example, if the integrated Section EGRP is open on such real estate objects as the parcel of land and the building located on it which are part of common property, then it will consist from:

1) three sheets of subsection I numbered consistently (the sheet N 1, the sheet N 2, the sheet N 3):

leaf of the subsection I-2 ("The building, construction (common property in the apartment house)") in which the apartment house is described;

leaf of the subsection I-1 "The parcel of land (common property in the apartment house)") and leaf of the subsection I-2 ("The building, construction (common property in the apartment house)"), containing description of the parcel of land and the building, the right of common ownership to which is subject to state registration;

2) the sheets of the subsection II-1, numbered consistently in which records about the right of common ownership to each real estate object of each owner of each room in the apartment house are made (for example, on the sheet N1 record about the right of common ownership of the owner (the participant of common ownership) of the apartment N1 of the citizen A to the parcel of land, on the sheet N2 - record about the right of common ownership of this citizen A to the building, on the sheet N3 - record about the right of common ownership of the owner (the participant of common ownership) of the apartment N2 of the citizen of B to the parcel of land, on the sheet N4 - record about the right of common ownership of this citizen of B to the building, etc. is made);

3) sheets of subsection III about restrictions (encumbrances) of the right of common ownership for the specified parcel of land and (or) the building numbered consistently for each special part of this subsection irrespective of concerning the rights on what of real estate objects state registration of their restriction (encumbrance) is carried out.

Sheets of records of the subsections II-1 and III are identified by cadastral (conditional) number of the corresponding real estate object (in the given example - cadastral number of the parcel of land and cadastral (or conditional) number of the building).

10. If after opening of the integrated Section EGRP) in structure of common property in the apartment house the real estate object, records about which are absent in the integrated Section EGRP, including newly created real estate object is included, for the purpose of state registration of the right of common ownership on it the corresponding sheets of subsections I and II-1 EGRP numbered consistently are filled in (since the figure following the figure which is put down on the last of the numbered sheets of these subsections).

Proceeding from provisions of Item 2 of article 23 of the Law on registration, in the specified case record about state registration of emergence of the right of common ownership to newly created real estate object can be brought in the subsection II-1 EGRP concerning those owners of rooms in the apartment house whose rights to these rooms are registered in EGRP.

11. If the owner addresses for state registration of the right of common ownership to object (objects) of the real estate after the carried-out earlier state registration of the right to the residential (non-residential) room in the apartment house, number of state registration of share in the right of common ownership to object (objects) of the real estate is created and introduced in the subsection II-1 EGRP according to Item 12 of Rules of maintaining EGRP.

If the applicant addresses for state registration of transition to it of the right to the residential (non-residential) room in the apartment house, number of state registration of share in the right of common ownership to real estate object, proceeding from provisions of Item 2 of article 23 of the Law on registration, corresponds to number of state registration of its right to the residential (non-residential) room in the apartment house.

12. Records in the subsection II-1 EGRP are made according to Rules of maintaining EGRP. At the same time in leaf of record of the subsection II-1 EGRP are specified:

in the column "Right Type" - the words "Common ownership";

in the column "Owner" - stipulated in Item 18 Rules of maintaining EGRP data on the owner of the room in the apartment house (the participant of common ownership on it if the room is in common ownership; participants of common joint property, if the room is in common joint property);

in the column "Share" - the size of share in the right of the common ownership to real estate object belonging to the owner of the room in the apartment house (to the participant of common ownership on the room) if the size of share is specified in the documents submitted on registration, or the words "the share in the right of common ownership is pro rata to the size of total area" and data on the room belonging to the owner (the participant of common ownership) if in the documents submitted on registration the size of share is not specified;

in the column "Reference documents" - in addition to data on the title document, data on details of the document which determined the sizes of shares in the right of common ownership to common property in the apartment house (are specified in case of submission of such document for state registration).

13. Records in subsection III EGRP are made according to Rules of maintaining EGRP. At the same time:

if in the eaten-around Section EGRP the rights to two and more real estate objects, in columns of the corresponding parts of subsection III EGRP in which according to Rules of maintaining EGRP data on subject of the transaction are specified (for example, in the column "Description of Leased Object" of the subsection III-1), about content of restriction (encumbrance) of the right are registered (for example, in the column "Description of Restriction (Encumbrance)" of the subsection III-6), data on real estate object, the right of common ownership to which is limited, are entered;

in columns of the corresponding parts of subsection III EGRP in which according to Rules of maintaining EGRP the information about persons whose rights are limited shall be specified the words "participants of common ownership on common property in the apartment house" (are encumbered), specified.

14. The documents which arrived on state registration of the rights to real estate objects irrespective of quantity of real estate objects, from terms of receipt of document packages on state registration of the right of common ownership to each of the real estate objects which are part of common property in the apartment house are located in one consolidated case of documents of title.

Proceeding from the principle of the single real estate unit (Item 6 of article 12 of the Law on registration), case of documents of title is identified by cadastral number of the parcel of land on which the apartment house is located. If records about the right of common ownership to the parcel of land are not made to the integrated section EGRP, case of documents of title is identified by the same numbers, as the corresponding sheets of records of subsection I of the integrated Section EGRP (cadastral numbers, and in case of their absence - conditional numbers of real estate objects). On the title page of case of documents of title, except the specified cadastral (conditional) number and the name of territorial authority of the Federal Registration Service, the words "Common Property in the Apartment House" then the address of this apartment house is specified are also introduced.

Conducting case of documents of title is performed according to the Rules of maintaining books of accounting of documents and cases of documents of title in case of state registration of the rights to real estate and transactions with it approved by the order of the Ministry of Justice of the Russian Federation of December 24, 2001 N343 "About Approval of Rules of Maintaining Books of Accounting of Documents and Cases of Documents of Title in case of State Registration of the Rights to Real Estate and Transactions with It" * (7).

15. The integrated Section EGRP, case of documents of title are closed according to the procedure, EGRP established, respectively, by Rules of maintaining and Rules of maintaining books of accounting of documents and cases of documents of title in case of state registration of the rights to real estate and transactions with it approved by the order of the Ministry of Justice of the Russian Federation of December 24, 2001 N343 "About Approval of Rules of Maintaining Books of Accounting of Documents and Cases of Documents of Title in case of State Registration of the Rights to Real Estate and Transactions with It" in case of the termination of existence of the apartment house.

According to Item 6 of article 36 of the Housing code in case of destruction, including accidental death, demolition of the apartment house owners of rooms in the apartment house keep share in the right of common ownership to the parcel of land on which this house, with elements of gardening and improvement and on other objects intended for servicing, operation and improvement of this house located on the specified parcel of land according to share in the right of common ownership to common property in the apartment house at the time of destruction, including accidental death, demolition of such house was located; the specified owners own, use and dispose of the property provided by this part according to the civil legislation.

On this basis when closing the integrated Section EGRP in connection with the termination of existence of the apartment house (its destruction, including accidental death, demolition) the following actions are performed:

the sheets containing the urgent records from all subsections of the integrated Section EGRP relating to the parcel of land, other real estate objects located on this parcel of land (except for the real estate objects which were directly part of the apartment house which stopped the existence), are withdrawn and created in independent Sections EGRP (on each of the specified real estate objects);

in the name of subsection I of again created Section EGRP of the word" (common property in the apartment house)" are crossed out by the thin horizontal line;

if in such selected Section EGRP in the corresponding subsections the numbering of sheets, the previous numbers which are put down on such sheets changes are crossed out by the thin horizontal line, and on each leaf according to Rules of maintaining EGRP the corresponding sequence number is put down;

in the column "Special Marks of the Registrar" of subsection I are specified: the words "the apartment house stopped existence", closing date of the integrated Section EGRP (the date specified by the state registrar in stamp about liquidation of object - the appendix N13 to Rules of maintaining EGRP), and also details of documents based on which it was closed.

IV. The certificate of state registration of the right of common ownership to real estate objects, issue of information on the registered right of common ownership to real estate objects

16. The certificate on state registration of the right in connection with state registration of the right of common ownership to real estate objects to the owner of the room in the apartment house is not granted (Item 74 of Rules of maintaining EGRP). Data on state registration of the right of common ownership to real estate objects join in the certificate on state registration of the right granted to the owner of the room in the apartment house by means of entering of the description of real estate objects into it and specifying of the size of share in the right of common property on it according to Item 39 of Rules of maintaining EGRP for the purpose of what in this certificate:

in the column "Right Object" after the description of the room (residential or non-residential) words are specified"; common property in the apartment house:" and the provided Items 28-35 of Rules of maintaining EGRP of the data on all real estate objects, the right of common ownership to which is registered in EGRP. If for placement of these data there is not enough place on the face of the certificate on state registration of the right, the called words and the provided Items 28-35 of Rules of maintaining EGRP of the data on all real estate objects, the right of common ownership to which is registered in EGRP, are located on the certificate back before the words provided by the paragraph the fourth this Item;

in the column "Right Type" words are in addition specified"; common ownership on common property in the apartment house, share in the right", then - the size of the share in the right to common property in the apartment house belonging to this owner. If on date of issue of the certificate on state registration of the right the size of share in the right of common ownership to real estate objects is not brought in the subsection II-1 EGRP, then only words are specified"; common ownership on common property in the apartment house";

on the back the words "Other Participants of Common Ownership on Common Property in the Apartment House according to Data of the Unified State Register of Rights on Real Estate and Transactions with It as of", and also date of state registration of the right to the room specified in the certificate are specified (residential or non-residential).

To the owner of the room (to the participant of common ownership on common property in the apartment house) to which earlier after carrying out state registration of the right to the room (residential or non-residential) granted the certificate on state registration of the right in which in the column "Right Type" the size of share in the right to common property in the apartment house was not specified, after entering of the corresponding data into the subsection II-1 EGRP, the certificate on state registration of the right according to the procedure, established by the Instruction about procedure for filling and issue of certificates on state registration of the rights, messages on refusals in state registration of the rights to real estate and transactions with it and information on the registered rights approved by the order of the Ministry of Justice of the Russian Federation of September 18, 2003 N226 "About approval of the Instruction about procedure for filling and issue of certificates on state registration of the rights can be repeatedly granted messages on refusals in state registration of the rights to real estate and transactions with it and information on the registered rights" * (8).

In the certificate granted to the owner of the room in the apartment house containing data on state registration of the right of common ownership to real estate objects number and date of state registration of the right of common ownership (share in the right of common ownership) to real estate objects are not specified.

17. Information on the rights to the rooms belonging to owners (residential and non-residential), and also real estate objects, the right of common ownership to which is registered in EGRP, is issued according to the procedure, the established Law on registration, the Instruction on procedure for filling and issue of certificates on state registration of the rights, messages on refusals in state registration of the rights to real estate and transactions with it and information on the registered rights approved by the order of the Ministry of Justice of the Russian Federation of September 18, 2003 N226 "About Approval of the Instruction about Procedure for Filling and Issue of Certificates on State Registration of the Rights, Messages on Refusals in State Registration of the Rights to Real Estate and Transactions with It and Information on the Registered Rights".

18. In the statement from EGRP about the registered rights to real estate object, the right of common ownership to which it is registered in EGRP (Item 1 of article 7 of the Law on registration):

the column "Name of Object" is supplemented with the words "in the apartment house";

in the column "Owner" the words "participants of common ownership on common property in the apartment house" are specified;

in the column "Right Type" the words "common ownership" are specified.

In the statement from EGRP about the registered rights to the room belonging to the owner (for example, on the apartment) in the apartment house (Item 1 of article 7 of the Law on registration) the column "Right Type" is supplemented with words "(... share in the right of common ownership to common property in the apartment house)" with indication of the size of share in the right of common ownership. If the size of share in the right of common ownership to real estate objects is not brought in the subsection II-1 EGRP, then only words" (common ownership common property in the apartment house) are in addition specified".

19. In the certificate of contents of documents of title on real estate object, the right of common ownership to which is registered in EGRP (Item 3 of article 7 of the Law on registration):

the column "Real Estate Unit (Name and Appointment)" after specifying of the name and purpose of real estate object is supplemented with the words "in the apartment house";

in the column "belongs (owner)" words "are specified to participants of common ownership common property in the apartment house";

in the column "on the right (right type)" words of "common ownership" are specified.

In the certificate of contents of documents of title on the room belonging to the owner (for example, on the apartment) in the apartment house (Item 3 of article 7 of the Law on registration) the column "on the right (right type)" is supplemented with words "(... share in the right of common ownership to common property in the apartment house)" with indication of the size of share in the right of common ownership. If the size of share in the right of common ownership to real estate objects is not brought in the subsection II-1 EGRP, then only words" (common ownership common property in the apartment house) are in addition specified".

20. In the statement from EGRP about transition of the rights to the room belonging to the owner (for example, on the apartment) in the apartment house (Item 3 of article 7 of the Law on registration) in subitems 2. 1, 2.2, etc. record about type of the right is supplemented with words "(... share in the right of common ownership to common property in the apartment house)" (with indication of the size of share in the right of common ownership). If the size of share in the right of common ownership to real estate objects is not brought in the subsection II-1 EGRP, then only words" (common ownership common property in the apartment house) are in addition specified".

21. In case of issue of the statement from EGRP about the rights of the individual to the real estate units (Item 3 of article 7 of the Law on registration) which are available for it in case of inclusion in it of information on the rights to the room belonging to the owner (for example, on the apartment) in the apartment house the column "On the Right (Right Type)" is supplemented with words "(... share in the right of common ownership to common property in the apartment house)" with indication of the size of share in the right of common ownership. If the size of share in the right of common ownership to real estate objects is not brought in the subsection II-1 EGRP, then only words" (common ownership common property in the apartment house) are in addition specified".

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* (1) Russian Federation Code, 1994, N 32, Art. 3301; 1996, N 5, Art. 410; 2001, N 49, Art. 4552.

* (2) Russian Federation Code, 2005, N1 (h 1), Art. 14; 2006, N 1, Art. 10; 2006, N52 (h 1), Art. 5498; 2007, N1 (h 1), Art. 13; 2007, N1 (h 1), Art. 14; 2007, N1 (h 1), Art. 21.

* (3) Russian Federation Code, 1997, N 30, Art. 3594; 2001, N 11, Art. 997; 2001, N 16, Art. 1533; 2002, N 15, Art. 1377; 2003, N 24, Art. 2244; 2004, N 27, Art. 2711; 2004, N 30, Art. 3081; 2004, N 35, Art. 3607; 2004, N 45, Art. 4377; 2005, N1 (h 1), Art. 15, 2005, N1 (h 1), Art. 22; 2005, N1 (h 1), Art. 40; 2005, N1 (h 1), Art. 43; 2005, N 50, Art. 5244; 2006, N 1, Art. 17; 2006, N17 (h 1), Art. 1782; 2006, N 23, Art. 2380; 2006, N 27, Art. 2881; 2006, N 30, Art. 3287; 2006, N 50, Art. 5279; 2006, N 52, Art. 5498.

* (4) Russian Federation Code, 2005, N1 (h 1), Art. 15; 2005, N52 (h 1), Art. 5597; 2006, N 27, Art. 2881; Russian newspaper, 31.12.2006, N297.

* (5) Russian Federation Code, 1998, N 8, Art. 963; 1999, N 52, Art. 6416; 2002, N 41, Art. 3983; 2003, N 37, Art. 3584; 2004, N 47, Art. 4652; 2006, N 48, Art. 5038.

* (6) Russian Federation Code, 2006, N 6, Art. 702.

* (7) N3152 Is registered by the Ministry of Justice of the Russian Federation on January 11, 2002. Bulletin of regulations of federal executive bodies, 2002, N4; 2003, N51; 2005, N3.

* (8) N5122 Is registered by the Ministry of Justice of the Russian Federation on September 30, 2003. Russian newspaper, 08.10. 2003, N201; Bulletin of regulations of federal executive bodies 2005, N3; 2006, N6.

 

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