Amendments In Legislation On State Registration Of Real Estate Rights

On 13 July 2015 there was adopted the Federal Law of July 13, 2015 #218-FZ «On State Registration of Real Estate» (hereinafter the «Law»). According to the Law, there will be established a unified federal system for state registration of real estate rights and state cadastral registration of real estate from January 01, 2017. The Law has in fact replaced the law on state registration of real estate rights and transactions with them, having changed (in most cases significantly) regulation of real estate rights registration.

Thus, the Law establishes a Unified State Register of Real Estate (USRRE), which will be maintained in the electronic form only and will include, in particular, a real estate cadaster and register of real estate rights, boundaries register, register files, cadaster maps, documents register books.

Article 3 of the Law provides that state cadastral registration, state rights registration, maintenance of the Unified State Register of Real Estate and provision of information contained in the Unified State Register of Real Estate, will be carried out by the Federal executive body appointed by the Government of the Russian Federation and its territorial bodies.

Besides that, the procedure of rights registration as well as the cadastral registration of real estate is simplified. For example, rights arising by virtue of law will be registered without application of a right holder or a person acquiring a right to real estate - registration is to be conducted on the basis of records received as the result of exchange of information among the authorities and the notaries.

The new Law reduces a time frame for cadastral and rights registration, which will comprise from 3 to 12 days (depending on the type of registration action, basis of rights creation, and the body accepting the documents for registration). There is a separate article in the Law (art. 16), which establishes, for example, a term of 5 working days if the application for cadastral registration and supporting documents are to be filed with the registration authority, and 9 working days - if the application and supporting documents are to be filed with the multifunctional state and municipal services center.

Article 6 of the Law provides for specific aspects of...