By law, transactions such as donations, buying and selling real estate is not necessarily certify the notary.Agreement may be executed in writing, but it is necessary to carry out the state registration is mandatory.As established by the applicable legislation, the right of ownership, as well as the right to use, mortgages, easements and other rights to property must be registered in the prescribed manner.
State registration of contracts, as well as the ownership of the premises, land and other immovable property takes place in a special registration body - Rosreestra.
for registration when the right to property will be charged stamp duty, payment of which is confirmed by a receipt.In accordance with the legislation on taxes and duties (Tax Code) state duty for registration of ownership will be charged in well-defined size.
state fee changed several times in the direction of increasing.To date, the following rates:
- state duty for registration of ownership of the premises, land and other real estate for the citizens shall be equal - a thousand rubles for legal entities (organizations) of the state duty - 15 thousand. Rubles;
- state duty for registration of ownership of the box as part of the investment mutual fund ownership is paid in the amount of 15 thousand. Rubles;
- fee for the registration of ownership of a hundred rubles and are charged when you make a part of the collective real estate apartment building.
to support gardeners who want to formalize their right to garden plots on "dacha amnesty" that is, under the simplified procedure, the law set the minimum stamp duty for registration of property rights - 200 rubles.
This category includes individuals who want to register their rights to land, intended for individual housing construction (individual housing construction), garage construction, smallholdings (private farming).
Ownership of raised on this land plot structure of this category of persons may also register by paying a state fee of 200 rubles.When handling the registration authority for the purpose of registration of parties to the contract must submit the required documents.
To register the right to property, as well as a contract to the territorial department Rosreestra together with the receipt for payment of the state duty the following documents:
-Certificate certifying the right of ownership of the seller on the premises;
- a document that is the basis for the seller is evidence, for example, the contract of donation apartments, houses or land, evidence of the right of inheritance by will or by law;
- a statement from the spouse seller that he or she has no objection to the transaction.
Extras can be presented and other available documents.
To register the right to property, all prepared documents must be submitted by the parties, either personally or by their representatives whose credentials are issued by a notary and where issued notarized power of attorney.
power of attorney for the registration of property rights must include a reference to the rights that the representative in accordance with it is endowed, including:
- right of the representative to submit to the registration body all required documents,
- the right to sign and receive the results produced registration actionsregistered the contract, as well as a certificate.
If a representative is not given the right to receive cash flows from the transaction, it is also necessary to specify in the proxy.