The legislation provides for many reasons why the registration of real estate may be suspended or it may be refused altogether. Every year there are fewer and fewer negative decisions, and there could be almost none at all if applicants carefully checked the documents provided to the Federal Register
Buying a property is an important event, emotionally powerful, and financially costly. And, unfortunately, sometimes it is dramatic if the participants in the transaction have not checked the documents with due care: in this case, at the stage of legal expertise in the Federal Register, the registrar may have grounds to suspend the transaction or even return the application without consideration. For reference: the full list of reasons why Rosreestr can suspend registration is contained in Federal Law No. 218-FZ dated 07/13/2015 “On State Registration of Real Estate” (Law on registration of real estate), and it specifies 65 (!) grounds for suspension.
However, as Igor Maidanov, head of the Federal Register Office for Moscow, noted in an interview with Business FM, there are fewer and fewer negative decisions every year. “First of all, due to the completion of the pilot operation stage of the federal state information system “Unified Digital Platform”National Spatial Data System”, which implies improving the quality of services and eliminating suspensions,” the expert emphasizes.
Igor Maidanov, Head of the Department of the Federal Register for Moscow, “The Department is constantly working to reduce the number of negative decisions. We closed last year with the lowest figures in terms of the number of suspensions of registration of rights: their share did not exceed 1.5%, even less, of the total volume of registration. For comparison, according to cadastral registration and the unified suspension procedure, they decreased almost seven times, from 10% in 2017 to 1.49% in 2024. Everything related to household real estate — residential buildings, social facilities, new buildings for renovation — suspensions there are practically reduced to zero. At the same time, the head of the federal service has set a personal KPI for the heads of territorial divisions: zero suspensions, zero refusals.”
And yet, suspensions of state registration do happen, and BFM.ru I asked the experts of the Moscow department of the Federal Register to specifically analyze why. “In addition to typical violations of legal requirements for various types of transactions, suspensions may be associated with incorrectly filled out title documents: errors were made in personal data or in the essential terms of the transaction (price, settlement procedure, persons retaining the right to use the object), the cadastral number, area, address were incorrectly indicated, signatures and date of conclusion of the contract were missing”, — they begin to list in the Federal Register.
Also, the reason for the registrar’s negative decision may be the absence of a number of important papers. In particular, title documents or documents confirming the powers of representatives, the permission of the guardianship authority when involving the property of minors and those under guardianship in a transaction, the consent of the pledgee to alienate the property encumbered by a mortgage. Another possible reason is non—compliance with the requirements of the law on cultural heritage sites.
Photo: Elnur/photo bank “Lori”
If we consider specifically the objects of the primary market, then first of all it is worth recalling: the metropolitan department of the Federal Register has tried to establish the closest possible interaction with public services centers and developers in order to reduce the number of suspensions and refusals regarding the rights of shareholders. And yes, the results are obvious, the department says.
For example, earlier, through “My Documents”, the department endlessly received applications for state registration of ownership rights with the attachment of acceptance and transfer certificates on flash media, drawn up in electronic form and signed with an electronic digital signature. But the submission of electronic documents through public service centers, which provide for the submission of documents in paper form, does not comply with the norms of current legislation. Also, the management often did not provide a power of attorney for the person who signed the acceptance certificate on behalf of the developer, the presence of which is also mandatory.
In addition, a large number of suspensions and refusals were due to the presence in the act of acceptance and transfer of information about the pledge arising in favor of the developer in cases when, at the time of transfer of the object, the calculation of the DDA was not fully made. Probably, it cannot be said that all this is completely in the past. But it has become much better — this is a fact, confirmed in the Federal Register.
The secondary market has its own problems, primarily related to the fact that the documents again do not meet the requirements of the legislation. In accordance with the law on registration of real estate, part of the transactions must be certified by a notary. In particular, such transactions include the sale of an apartment, one of the owners of which is a minor child. Transactions involving the alienation of shares in the right of common shared ownership are subject to notarization (although there are exceptions specified in the law). There are sellers who do not know about these changes and still conclude an agreement in simple written form,” the Federal Register says.
Often, the suspension is associated with an incorrectly drafted power of attorney: that is, someone represents the seller in the transaction by proxy, but it does not specify the authority to perform certain actions with real estate. For example, a power of attorney was issued only in order to formalize ownership of an object, and the seller’s representative applies to the Federal Register for its sale. Apparently, it is not clear to everyone that registration and sale are different actions, so it is important that when drawing up a document with a notary, the seller explains exactly and fully why he issues a power of attorney.
It happens that an incomplete set of documents is submitted for registration: the permission of the guardianship authorities for the alienation of residential premises in which the family members of the owner who are under guardianship are registered is not submitted. Or the gift agreement is signed by a power of attorney from the donor, while the power of attorney does not specify the donee and the object of the gift.
If the parties have not paid the state registration fee, the documents will be returned one hundred percent without consideration. If the information about the object in the documents submitted for registration does not correspond to the data contained in the EGRN, this is also a reason for suspending registration. Also, the transfer of the right will not be registered if the property is under arrest (prohibition). “In order to prevent this, before concluding a transaction, it is necessary to order an extract from the USRN, which will reflect information about the presence or absence of registered restrictions (encumbrances) of rights to a specific object,” experts advise.
“If registration is suspended, Rosreestr sends a notification to applicants, which necessarily indicates the reason for the suspension and recommendations for its elimination. The applicant is given three months to do this, at the initiative of the applicant, this period may be extended to six months. As soon as the cause is eliminated, registration resumes. Refusal of registration occurs when the suspension period has expired, and the reasons for the obstacles have not been eliminated. In this case, the state duty is not refunded,” the Federal Register emphasizes.
A separate registration area is mortgage, the interlocutors continue BFM.ru . Here the most common mistake when contacting the Federal Register is the following: an application is submitted for termination of the mortgage, and it follows from the set of attached documents that it is necessary to register it. The fact is that when considering the received application, the registrar proceeds from the registration action actually indicated in it, while the package of submitted documents in practice often does not correspond to the request.
The next error is related to incomplete payment of the state fee. If several payers (for example, a borrower and a bank) who are not eligible for benefits applied for registration at the same time, the fee is paid in equal shares. When paying, it is necessary to use the correct details directly of the territorial authority of the Federal Register where the appeal was sent. Information materials on the amount of the state duty, the procedure for its payment and details are posted on the official website of the Federal Register, experts add.
“The incomplete composition of the necessary documents provided for by law is another reason for suspending the “mortgage” registration. For example, the lack of consent of the previous mortgagee for a subsequent mortgage. Also, in the process of conducting a legal examination, the reasons are identified, to a greater extent related to the preparation of a low-quality set of documents by credit institutions. So, a mortgage agreement and (or) a mortgage in terms of content may not meet the requirements of 102-FZ (Articles 9 and 14, respectively),” the Federal Register says.
And among other errors in the content of the mortgage agreement, incorrect indication of the cadastral number of the object, its address and other characteristics, an unspecified right by virtue of which the property belongs to the mortgagor, the date and number of registration of this right in the USRN, as well as an unspecified restriction of the mortgagor’s right to the subject of mortgage (liens, leases, easements) are noted. By the way, if the subject of the mortgage is the right to rent, there is often no date, number of its registration in the USRN and the lease term, and all this also causes problems.
During the conversation, the registrars of the department separately noted: if the subject of the mortgage is a land plot or the right to lease it, the mortgage agreement should specify the restrictions of the right that arose in connection with the location of this land plot within the boundaries of zones with special conditions for the use of the territory. The legislator refers to such zones as security, sanitary protection zones, zones of protection of cultural heritage sites, water protection zones, zones of flooding, flooding, zones of sanitary protection of sources of drinking and household water supply, zones of protected objects and others.
Another area that is special for Rosreestr and its clients is electronic registration of rights. Here, the bulk of the errors are related to the electronic signature (EP): its absence on the document, signing of an unencumbered EP or an expired EP certificate is far from a complete list of reasons for a negative decision. In addition, experts draw attention to the abuse of the possibility of re—filing – repeatedly submitting an application for the same registration action.
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“From the results of the analysis, it can be seen that the comments identified in the process of legal expertise are most often the result of a lack of completion of a set of documents by the parties to the transaction, failure to receive up—to-date information from the USRN about the relevant real estate object before its conclusion. In some cases, some credit institutions do not accompany the client on time, especially when submitting additional documents, which affects the timing of public services,” the Federal Register summarizes.
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