Almost a year and a half ago, the rules came into force, according to which Rosreestr no longer discloses the personal data of homeowners in publicly available extracts from the Unified State Register of Legal Entities. Market players assumed that this rule contains a risk of reducing the transparency of transactions. Were their fears justified?
Surname, first name, patronymic and date of birth of an individual, the rightholder of real estate — from March 1, 2023, a publicly available extract from the Unified State Register of Real Estate no longer contains this information. Access to it remains with the owners themselves, their spouses, tenants and owners of the land plot where the property is located, and it can also be requested (if there are established grounds) by notaries and government agencies.
Summing up the interim results of the operation of this norm, the capital’s Rosreestr recalls that at the time of discussion of the new rules and immediately after their entry into force, market players had a lot of concerns. The most important thing was considered by professionals to be the risk of reducing the transparency of transactions.
“Here we can state with absolute certainty that these fears turned out to be groundless. The law has provided a balanced balance between the public and personal interests of citizens. Some are worried about the fact that now it seems impossible to order an extract and make sure that the seller of the apartment is really its owner. But there is no need to worry: the security of these property owners is guaranteed, but at the same time all the necessary mechanisms for full—fledged civil turnover of real estate were developed at the stage of drafting the relevant bill,” Igor Maidanov, head of the Rosreestr Department for Moscow, stressed in an interview with Business FM.
Igor Maidanov, Head of the Rosreestr Department in Moscow, “The advantages of banning the transfer of personal data from the Unified State Register of Legal Entities without the consent of the copyright holder are obvious. Most importantly, this prevents the possibility of fraudulent actions and increases the mutual responsibility of the seller and the buyer when conducting transactions. It is no secret that in the past it was possible to freely obtain information, for example, about a pensioner living alone and use this information with unlawful intent. It’s impossible now. As well as creating duplicate sites and reselling information from the Unified State Register, the accuracy, relevance and validity of which was negligible.”
And yet, how can a real estate buyer now verify the seller’s integrity? First, he can verify the authenticity of the extract from the Unified State Register of Legal Entities by scanning a special QR code that is available on the document issued by the Federal Register.
Secondly, the current rules still provide for the possibility of disclosing personal data to third parties. To do this, the owner of the property must make a note in the EGRN of consent to the provision of this information, after which the buyer will be able to independently obtain an extract from the Federal Register.
Making an entry is a simple process, and it requires, in fact, only one knowledge: the actual cadastral number of the real estate object. You can submit an application to the Rosreestr through the public services centers “My Documents”, the official website of the Rosreestr or the portal of public services. The applicant may disclose his data regarding one or more objects available to him at the time of filing such an application, and in relation to all real estate registered for him in the future.
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“In this case, for security reasons, the full name and date of birth are disclosed, which is quite enough to verify the seller, but the passport data remains closed: after all, fraudulent intent may come from a potential buyer. It is important that this public service has no restrictions on the number of requests, while the state fee for the provision of this service is not provided. It is also important to note that the record on the disclosure of personal data has no time limit: it is valid until the date of its repayment in the EGRN, which is carried out on the basis of a citizen’s submitted application for repayment of this record or a court act that has entered into force obliging the registration authority to repay this record,” the capital’s Rosreestr explains.
And they add that only in the first year of the norm, more than three thousand marks on the disclosure of personal data of individuals were entered into the real estate register. “That is, people really began to use this opportunity if they needed it. In general, our experience shows that citizens are satisfied that today their personal data can only be obtained with their consent,” the department says.
And what do realtors say, who have been working under the new rules for almost a year and a half? Do they see in them not only obvious advantages, but also undoubted disadvantages? Do they think that the existing system can be improved and improved in some way?
Lyudmila Gerlitz, Director of the Analytics Department at Nikoliers
“The main concern of market participants (in connection with the introduction of a ban on the transfer of personal data from the Unified State Register of Legal Entities without the consent of the copyright holder) was the assumption that the project would complicate the work of developers, consultants, notaries, cadastral engineers and make a transaction with an individual less secure. In addition to standard statements about the property, it is impossible to find out the data of an individual from an extract on the transfer of ownership. If we talk about residential real estate projects, then this innovation did not affect the transaction processing in any way. But for individual sellers of commercial real estate with a busy schedule, this change potentially lengthens the process of entering into a transaction, since to confirm ownership, an extract must be ordered independently. In any case, this is not an obstacle if the client is really interested in selling the property.”
Yana Glazunova, CEO of VSN Group
“As for the positive aspects, they rather relate directly to the owners of real estate. Previously, all personal data, including passport, SNILS and other documents, were in the public domain, now they are provided with complete confidentiality and security. As for the problems, it is important to highlight transactions with secondary real estate. Now we cannot independently verify the accuracy of the data — only by the statement that the owner brings. If the statement is outdated, you will have to apply for it again. This moment is very delaying the transaction process. The second point that causes difficulties is the renovation apartments. In such transactions, an archived statement is required, which now comes empty, and both customers and banks need it. The problems and difficulties that have arisen can certainly be solved through notaries and additional reports. However, all this in any case entails an additional financial burden and an increase in the terms of the transaction.”
Ruslan Syrtsov, Managing Director of Metrium
“The new rules have significantly reduced the number of cases of real estate fraud. At the same time, it cannot be said that buyers were severely limited in their ability to check the property before the transaction. As practice shows, owners order statements even before placing an advertisement for the sale of an apartment. At the same time, the list of information in the document was even expanded: now there is a complete list of transfers of ownership rights. As a result, information about the purchased housing has become more transparent.”
The registration of statements takes place in a convenient electronic form through “Public Services”, the expert continues. “However, it is desirable that Rosreestr return to the practice of providing certified paper documents on request, since many potential buyers still prefer this format,” Ruslan Syrtsov suggests.
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