News
02.08.2016
Cancellation of the Certificates of Title
02.08.2016

Cancellation of the Certificates of Title

Starting from 15 July 2016, Rosreestr[1] has stopped issuing certificates of title to real estate. Now, rights to real estate are certified only by an extract from the Unified State Register of Rights to Real Estate and Transactions Therewith (the EGRP).

Please see the Mosgo & Partners newsletter for more details.


1. THE ESSENCE OF THE AMENDMENTS

Previously, rights to real estate were ascertained either by a certificate of state registration or by an extract from the EGRP, as chosen by the titleholder. The amendments to the law on state registration of rights to real estate have cancelled the option of obtaining certificates. The issuance of both primary and replacement certificates (in case of their loss, correction of errors, removal of encumbrances, etc.) has been discontinued. In essence, these changes are similar to those that have been introduced with respect to the Unified State Register of Legal Entities not so long ago, when the certificates of registration were replaced by the certificates of entries into the register.

From 15 July 2016, the only document confirming any right to real estate is the Extract from the Unified State Register of Titles.  

The right to real estate can be proven by both paper and electronic extracts. However, in practice, most cases will still require submitting a hard copy of the extract with a Rosreestr seal when filing the same with the state authorities or presenting it to third parties.


The amendments are not expected to be cumbersome for the participants of civil relations. Even before these amendments, individuals and legal entities received extracts from the EGRP to confirm the existence of their rights as of the respective date. In fact, the certificate confirmed the right only as of the time of its issuance, while any subsequent termination or change in the right were not recorded on the certificate, and the document itself was not retrieved after having been issued to the applicant. For this reason, several persons could happen to be in possession of certificates with respect to the same property, albeit specifying different dates.


2. CONSEQUENCES

After 15 July 2016, upon completion of the registration procedure, Rosreestr will issue paper extracts from the EGRP, instead of certificates, upon the request of the titleholders. Such extracts will contain extended information as compared to the extract, available for order to the public at large (including, for example, the personal data of the applicants).

Reregistration of the previously registered rights is not required; any prior certificates will persist, although their role as evidence of the right to the property will be reduced.

Reregistration of title is not required.  

An extract from the EGRP can be ordered in one of the following ways:

1) via the Rosreestr website at http://rosreestr.ru/wps/portal/cc_egrp_form_new;
2) by calling the Rosreestr hotline 8 (800) 100-34-34;
3) by visiting the respective territorial subdivision of Rosreestr or a Multipurpose Center.

To order an extract, you will require the cadastral number of the property and in some cases its address. Obtaining extracts is subject to a state duty, whose amount depends on the type of extract (a hard copy / an electronic copy), applicant (an individual or a legal entity), region (an extract for the property situated in the same region as the applicant will be cheaper). In practice, the preparation of the extracts will take from 5 to 9 business days depending on how they are ordered. Electronic extracts will take less time to generate.


3. CONCLUSIONS

At present, the rights to real estate are certified only by an extract from the Unified State Register of Rights to Real Estate and Transactions Therewith. The issuance of certificates has been discontinued. 

Generally, the amendments are aimed at digitalizing the document management processes and confirming the latest data in the registers by obtaining extracts from them.

All newsletters of Mosgo & Partners are available on our website and LinkedIn.

This newsletter shall not be viewed as legal advice. It is prepared for educational and informational purposes only. Mosgo & Partners is not responsible for any consequences of reliance on the information contained in this newsletter without specific professional advice.

© Mosgo & Partners. Moscow, 2016.


[1] The Federal Service for State Registration, Cadastre and Cartography.



Elena Cherkasova
Elena Cherkasova
Senior Associate, LL.M.
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