ORDER OF FEDERAL REGISTRATION SERVICE OF THE RUSSIAN FEDERATION

of August 6, 2007 No. 176

About approval of Methodical recommendations of features of state registration of the rights of citizens to the premises acquired based on agreements of transfer into the ownership of premises

According to articles 3 and 10 of the Federal Law of July 21, 1997 N 122-FZ "About state registration of the rights to real estate and transactions with it" I order

Approve the enclosed Methodical recommendations of features of state registration of the rights of citizens to the premises acquired based on agreements of transfer into the ownership of premises.

 

Approved by the Order of Federal registration Service of the Russian Federation of August 6, 2007 No. 176

Methodical recommendations of features of state registration of the rights of citizens to the premises acquired based on agreements of transfer into the ownership of premises

1. Methodical recommendations of features of state registration of the rights of citizens to the premises acquired based on agreements of transfer into the ownership of premises (daleerekomendation) are developed on the basis and according to the Civil code of the Russian Federation * (1), the Federal Law of July 21, 1997 N 122-FZ "About state registration of the rights to real estate and transactions with it" * (2) (further - the Law on registration), the Law of the Russian Federation of July 4, 1991 N 1541-1 "About privatization of housing stock in the Russian Federation" * (3) (further - the Law), 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 N 219 "About approval of Rules of maintaining the Unified State Register of Rights on real estate and transactions with it" * (4) (further - Rules of maintaining EGRP), other regulatory legal acts of the Russian Federation.

2. Recommendations are submitted on rendering the practical help of Federal registration Service to territorial authorities when implementing state registration of the rights of citizens to the premises acquired based on agreements of transfer into the ownership of premises.

Also other regulatory legal acts published by the Ministry of Justice of the Russian Federation according to the procedure of realization of powers in the established field of activity are applied to the relations arising in case of state registration of the rights of citizens to the premises acquired based on agreements of transfer into the ownership of premises.

3. Privatization of premises - free transfer into the ownership of citizens of the Russian Federation on voluntary basis of the premises occupied by them in the state and municipal housing stock, and for the citizens of the Russian Federation who reserved the occupied premises - in the place of booking of premises (article 1 of the Law).

Changes according to which the citizen of the Russian Federation can be the party in the agreement of transfer of premises to property were brought in the Law by the Federal Law of May 15, 2001 N 54-FZ "About modification and amendments in the Civil code of the Russian Federation and the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" * (5).

4. After entry into force of the Federal Law of May 15, 2001 N 54-FZ "About modification and amendments in the Civil code of the Russian Federation and the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" the citizens of the Russian Federation occupying premises in the state and municipal housing stock, including the housing stock which is under economic authority of the companies or operational management of organizations (departmental fund), on the terms of social hiring, the living full age family members, and also minors having the right with the consent of all jointly aged from 14 up to 18 years to acquire these rooms in property on the conditions provided by the Law, other regulations of the Russian Federation and subjects of the Russian Federation (article 2 of the Law).

According to the employment contract of premises one party - the owner of premises or person (lessor) authorized by it - shall provide to other party (employer) premises for a fee in ownership and use for accommodation in it (Item 1 of Article 671 of the Civil code of the Russian Federation).

The employment contract of premises is signed in writing (Article 674 of the Civil code of the Russian Federation).

According to Item 2 of Article 677 of the Civil code of the Russian Federation in the employment contract of premises the citizens who are constantly living in premises together with the employer shall be specified. In case of absence in the agreement of such instructions installation of these citizens is made according to rules of Article 679 of the Civil code of the Russian Federation.

If the relations between the lessor and the employer arose before entry into force of part two of the Civil code of the Russian Federation, when conducting legal examination it is recommended to consider the following.

According to article 295 of the Civil Code of the Russian Federation * (6) and article 51 of the Housing code of RSFSR * (7) the employment contract of premises consisted in houses of the state and public housing stock in writing based on the warrant for premises between the lessor - the housing and operational organization (and in case of its absence - the relevant company, organization, the organization) and the employer - the citizen addressed to whom the order is issued. Installation of citizens in premises before entry into force of the Civil code of the Russian Federation was performed by the employer according to the procedure, stipulated in Clause 54 Housing codes of RSFSR.

According to Items 35 - 37 Approximate rules of accounting of the citizens needing improvement of housing conditions and provisions of the premises in RSFSR approved by the Resolution of Council of Ministers of RSFSR of July 31, 1984 N 335 * (8) (further - Approximate rules), in houses of municipal housing stock premises were provided to citizens according to the decision of executive committee district, city, district in the city, settlement, village council of People's Deputies.

In houses of departmental housing stock premises were provided to citizens according to the joint decision of administration and trade-union committee of the company, organization, organization approved by executive committee district, city, district in the city, settlement, village council of People's Deputies, and in the cases provided by Council of Ministers of the USSR - according to the joint decision of administration and trade-union committee with the subsequent message to executive committee of the relevant Council of People's Deputies about provision of premises for settling.

In houses of public housing stock premises were provided to citizens according to the joint decision of body of the relevant organization and trade-union committee with the subsequent message to executive committee according to district, city, district in the city, settlement, village council of People's Deputies about provision of premises for settling.

Based on the decision on provision of premises according to the employment contract in the house of the state, municipal or public housing stock the executive committee district, city, district in the city, settlement, village council of People's Deputies issued to the citizen the order in the established form (the appendix N 4 to Approximate rules) which was the single basis for installation in the provided premises (Item 47 of Approximate rules).

5. According to paragraph one of article 2 of the Law premises are transferred to common property or to property of one of jointly the living persons, including minors.

Before entry into force of the Federal Law of May 15, 2001 N 54-FZ "About modification and amendments in the Civil code of the Russian Federation and the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" premises could be transferred to common joint property jointly of the living persons (paragraph one of article 2 of the Law (in edition of the Federal Law of March 28, 1998 N 50-FZ "About introduction of amendments to article 2 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" * (9))).

6. Transfer of premises to property of citizens is drawn up by the agreement of transfer signed by public authorities or local government bodies, the company, organization with the citizen receiving premises in property according to the procedure, established by the legislation. At the same time the notarial certificate of the agreement of transfer is not required and the state fee is not collected (paragraph one of article 7 of the Law).

The property right to the acquired premises arises from the moment of state registration of the right in the Unified State Register of Rights to real estate and transactions with it (the paragraph third article 7 of the Law).

7. According to Item 2 of article 6 of the Law on registration in case of state registration of the rights of citizens to the premises transferred in the procedure established by the Law state registration of the Law on registration of the right of the state-owned or municipal property to the respective premises which arose before enforcement or the right of public operational administration (municipal) institution or economic maintaining the state (municipal) unitary enterprise to the respective premises constituting departmental dwelling stock is made.

If the right of the state-owned or municipal property to premises arose after entry into force of the Law on registration, according to Item 2 of Article 8 of the Civil code of the Russian Federation, Item 2 of article 4 of the Law on registration state registration of the right of the citizen to the premises transferred according to the procedure, established by the Law, is performed after state registration of the right of the state-owned or municipal property to such premises.

8. For the purpose of state registration of the rights of citizens to the privatized premises are submitted including the following documents:

1) if the right of the state-owned or municipal property or the right of economic maintaining or operational management to the premises transferred to the citizen (citizens) is registered in the Unified State Register of Rights on real estate and transactions with it (further - EGRP):

statement of public authority or local government body, company, organization and citizen for state registration of transition of the right of the state-owned or municipal property to premises (Item 1 of article 16 of the Law on registration);

the document confirming payment by the citizen of the state fee for state registration of the right to premises (Item 1 of Article 11, item 4 of article 16 of the Law on registration);

agreement of transfer of premises to property (article 7 of the Law);

the plan of the privatized premises certified by the relevant organization (body) for accounting of real estate units (it is represented the citizen). Submission of the specified plan is not required if the plan of the respective premises was already represented earlier and was placed in the corresponding case of documents of title (the paragraph the tenth Item 1 of Article 17, paragraph one of item 4 of article 18 of the Law on registration);

permission of guardianship and custody bodies in the cases provided by paragraphs second and third article 2 of the Law (it is represented the citizen);

2) in case of simultaneous state registration of the right of the state-owned or municipal property or the right of economic maintaining or operational management on the premises transferred to the citizen (citizens) and transition of this right to the citizen (citizens):

statement of public authority or local government body, company, organization for state registration of the right of the state-owned or municipal property or right of economic maintaining or operational management (Item 2 of Article 6, Item 1 of article 16 of the Law on registration);

the documents confirming emergence of the right of the state-owned or municipal property or the right of economic maintaining or operational management on the premises transferred to the citizen (citizens) (for example, for the housing stock transferred to the municipal possession based on the Resolution of the Supreme Council of the Russian Federation of December 27, 1991 N 3020-1 "About differentiation of state-owned property in the Russian Federation on federal property, state-owned property of republics within the Russian Federation, edges, areas, the autonomous region, autonomous areas, the cities of Moscow and St. Petersburg and municipal property" * (10), the statement from the register of municipal property containing information can be the document confirming origin before entry into force of the Law on registration of the right of municipal property necessary for state registration of the rights) (are represented by public authorities or local government bodies, the company, organization);

statement of public authority or local government body, company, organization and citizen for state registration of transition of the right of the state-owned or municipal property to premises (Item 1 of article 16 of the Law on registration);

the document confirming payment of the state fee (Item 1 of Article 11, item 4 of article 16 of the Law on registration);

agreement of transfer of premises to property (article 7 of the Law);

the plan of the privatized premises certified by the relevant organization (body) for accounting of real estate units. Submission of the specified plan is not required if the plan of the respective premises was already represented earlier and was placed in the corresponding case of documents of title (the paragraph the tenth Item 1 of Article 17, paragraph one of item 4 of article 18 of the Law on registration) (it is represented public authorities or local government bodies, the company, organization);

permission of guardianship and custody bodies in the cases provided by paragraphs second and third article 2 of the Law (it is represented the citizen).

The physical person shows the document proving his identity, and the representative of physical person, besides, notarially certified power of attorney confirming its powers if other is not established by the Federal Law. Person having the right to act without power of attorney on behalf of the legal entity shows the document proving his identity, constituent documents of the legal entity or notarially certified copies of constituent documents of the legal entity, and the representative of the legal entity, besides, the document confirming its powers to act on behalf of this legal entity, or notarially certified copy of this document (item 4 of article 16 of the Law on registration).

According to Item 5 of article 18 of the Law on registration the agreement of transfer of premises to property is submitted at least in two copies originals, one of which after state registration of the rights shall be returned to the owner, vtoroypomeshchatsya to documents of title.

On state registration of the rights which arose before enforcement of the Law on registration based on agreements and other transactions at least than two copies of the documents expressing contents of transactions, one of which - the original after state registration of the rights shall be returned to the owner, are represented.

The application for state registration of the right is submitted on state registration of the rights in the single copy original and after state registration of the right is located to documents of title.

Others documents, necessary for state registration of the rights (except for acts of public authorities and acts of local government bodies, and also acts of the courts which established the rights to real estate) are represented at least in duplicate, one of which - the original after state registration of the rights shall be returned to the owner.

Copies of acts of public authorities and acts of local government bodies, and also acts of the courts which established the rights to real estate are represented on state registration of the rights at least in duplicate, one of which after state registration of the rights shall be returned to the owner.

If the agreement of transfer of premises to property does not contain the data confirming observance of conditions of privatization of the premises established by paragraph one of Article 2, the paragraph the second Article 7 and article 11 of the Law on state registration it is recommended to represent properly verified copies:

agreements of social hiring of premises, in case of its otsutstviiorder on premises (article 2 of the Law, Item 47 of Approximate rules);

the documents containing data on participation all living (registered) in the privatized premises of citizens of the Russian Federation in privatization of premises or the citizens of the Russian Federation confirming refusal having the participation right in privatization of privatization of such premises (article 2 of the Law). At the same time, considering provisions of paragraph two of article 7 of the Law, the minors having right to use by these premises and living together with persons to whom these premises are transferred to the possession, general with minors, or the minors who are living separately from specified persons, but did not lose right to use by these premises join in the agreement of transfer of premises to property;

the documents confirming momentariness of acquisition of premises in property free of charge according to the procedure, established by the Law (article 11 of the Law).

In case of absence in the agreement of transfer of premises to property of the data confirming observance of conditions of privatization of the premises established by paragraph one of Article 2, the paragraph the second Article 7 and article 11 of the Law, and non-presentation of the copies of documents stated above the state registrar shall take according to Item 1 of article 19 of the Law on registration necessary measures for receipt of additional data and (or) confirmation, authenticity of documents or reliability of the data specified in them and in writing to notify the applicant (applicants) on suspension of state registration of the rights and on the bases of adoption of such decision.

9. The term of state registration of the rights of citizens to premises acquired based on the agreement of transfer of premises to property shall not exceed fifteen calendar days from the date of the filing of application and documents necessary for state registration of the rights (Item 41 of Administrative regulations of the execution of the state function on 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 September 14, 2006 N 293 * (11))

______________________________

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

* (2) 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 30, Art. 3081; 2004, N 27, Art. 2711, N 35, Art. 3607; 2004, N 45, Art. 4377; 2005, N 1 (p. I), Art. 15; 2005, N 1 (p. I), Art. 22; 2005, N 1 (p. I), Art. 40; 2005, N 1 (p. I), Art. 43; 2005, N 50, Art. 5244; 2006, N 1, Art. 17; 2006, 17 (p. I), 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 (p. I), Art. 5498; 2007, N 31, Art. 4011; 2007, N 43, Art. 5084; 2007, N 46, Art. 5553.

* (3) Sheets of the UMP and AF of RSFSR, 1991, N 28, Art. 959; Sheets of the UMP and Russian Armed Forces, 1993, N 2, Art. 67; Russian Federation Code, 1994, N 16, Art. 1864; 1998, N 13, Art. 1472; 1998, N 45, Art. 5603; 1999, N 18, Art. 2214; 2001, N 21, Art. 2063; 2002, N 21, Art. 1918; 2002, N 48, Art. 4738; 2002, N 27, Art. 2711; 2003, N 5, Art. 503; 2004, N 35, Art. 3607; 2005, N 1, Art. 15; 2006, N 26, Art. 2876.

* (4) 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.

* (5) Russian Federation Code, 2001, N 21, Art. 2063.

* (6) Sheets of the Supreme Council of RSFSR, 1964, N 24, Art. 407.

* (7) Sheets of the Supreme Council of RSFSR, 1983, N 26, Art. 883.

* (8) Compiled laws RSFSR, t. 3, Art. 70.

* (9) Russian Federation Code, 1998, N 13, Art. 1472.

* (10) Sheets of the UMP and AF of RSFSR, 1992, N 3, Art. 89; Sheets of the UMP and Russian Armed Forces, 1992, N 22, Art. 1185; 1993, N 6, Art. 191; 1993, N 32, Art. 1261; Messenger of the Constitutional Court of the Russian Federation, 1994, N 4-5.

* (11) It is registered in the Ministry of Justice of the Russian Federation 14.09. 2006, рег. N 8258.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info