Advanced Search

On Amendments To Some Legislative Acts Of The Russian Federation On The Question Of Registration In A Simplified Manner The Rights Of Citizens To Separate Objects Of Immovable Property

Original Language Title: О внесении изменений в некоторые законодательные акты Российской Федерации по вопросу оформления в упрощенном порядке прав граждан на отдельные объекты недвижимого имущества

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW amending certain legislative acts of the Russian Federation on the issue of registration separate Real estate objects adopted by the State Duma on June 16, 2006 Approved by the Federation Council on June 23, 2006 laws dated 13.05.2008 N 66-FZ; 17.07.2009 N 174-FZ; dated 21.12.2009. N 334-FZ; of 01.07.2011 N 169-FZ; dated 28.02.2012 N 8-FZ; dated 23.07.2013 N 250-FZ; dated 23.06.2014 N 171-FZ) Article 1 Part 1 of Article 15 of the Russian Federation's legislation on notaries of 11 Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 10, (357) to be supplemented by the following paragraph: "to represent, in accordance with the Federal Act of 21 July 1997, No. 122-FZ" On State registration of real property rights and transactions ", a statement of State Registration of rights to immovable property and transactions with it and other documents necessary for such State registration to the body exercising state registration of rights to immovable property and transactions with it, in the case of a notary in the name of the transaction or in the perpetration of an ingoto appropriate notarial action, as well as to obtain certificates of state registration of rights and (or) other documents for transmission to the persons for whom such state registration has been carried out. ". Article 2 Article 222, paragraph 3, of the First Civil Code of the Russian Federation (Collection of Laws of the Russian Federation, 1994, N 32, sect. (3301) The following changes: 1) the first paragraph to be declared void; (2) the first sentence of the second paragraph after the word "court" should be supplemented with the words ", and in the cases provided for by law in a manner other than by law,"; 3), in the third paragraph, replace by "specified persons" with "specified person". Article 3 Act No. 122-FZ of 21 July 1997 on State registration of real property rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3594; 2001, N 11, sect. 997; N 16, est. 1533; 2002, N 15, sect. 1377; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 30, sect. 3081; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 15, 22, 40; N 50, 100. 5244; 2006, N 1, est. 17; N 17, est. 1782) the following changes: 1) (Spspent force-Federal Act of 21.12.2009) N 334-FZ) (2) in paragraph 4, paragraph 4 of Article 12, replace "actual cadastral plan or documents" with " a plan or other instrument provided for by this Federal Act and containing a description of immovable property, land parcel-cadastral plan "; 3) paragraph 2 of article 16, paragraph 1, to be supplemented with the following sentence:" In the event of a notary certification Notaries or other notaries committed by a notary public State registration of the right may be filed by a notary who has committed the relevant notarial action. "; 4) in article 17: (a)(Spaced by Federal Law dated 21.12.2009. N 334-FZ) b) to supplement paragraph 3 as follows: " 3. The grounds for State registration of ownership of immovable property referred to in articles 25, 25-2, 25-3 and 30-1 of this Federal Law are established in these articles. "; 5) in article 18: a) 1 after the words "description of real estate and" to be supplemented by the words "unless otherwise specified by this Federal Law,"; b) in paragraph 4: paragraphs 2 and 3 of the following text: " Form submitted pursuant to article 25 to 2 of this Federal Act The economic book on the existence of a citizen's right to the land is established by the federal authority in the area of State registration. (Spconsumed by Federal Law of 13.05.2008) N 66-FZ) to add the following paragraphs to the following paragraphs: " Form of declaration submitted under Article 25-3 of this Federal Law is established by the federal authority The executive branch, which is authorized to carry out the functions of the normative-legal regulation of State technical accounting and technical inventory of the objects of capital construction. The property declaration includes information on its address (location), type (name), destination, area, number of floors (storeys), including underground storeys, year of its creation, on the materials of the outer walls of such of the immovable property, its connection to the engineering and technical support networks, the cadastral number of the land on which the immovable property is located. (Spconsumed by Federal Law of 23.07.2013) N 250-FZ) N 66-FZ) paragraph 5, add the following paragraph: " In the case where the applicant is a notary, the certificate of state registration of rights and (or) other documents may be issued notary. "; 6), article 20, paragraph 1, should be supplemented with the following paragraph: " State registration of property rights shall not be permitted in accordance with article 25, paragraph 5, of this Federal Act. "; (7) Article 25, paragraph 5, is void; 8) to become 25-2 should read as follows: " Article 25-2. Features of State registration of the right of the property of a citizen to a plot of land, provided for the maintenance of the private underground, farms, gardening, gardening, individual garage or individual housing 1. State registration of the right of ownership of a citizen to a land plot made before the introduction of the Land Code of the Russian Federation for the maintenance of personal supply, date, gardening, gardening, Individual garage or individual housing construction on the right to own property, life in inheritance or permanent (indefinite) use, or in the act, certificate or other document establishing or The right of such citizen to this land is not specified, that has been granted such a plot of land, or it is impossible to determine the type of this right, taking into account the characteristics set out in this article. 2. The basis for the State registration of the right of ownership of a citizen referred to in paragraph 1 of this article is the following document: act of granting such a citizen to this land, issued by the authority of the State or local authorities, within the limits of its competence and in accordance with the procedure established by the legislation in place at the time of its publication; act (certificate) of the law of such an act A citizen to this land, issued by an authorized body in accordance with the procedure established by the law in force at the time of the publication of the act at the time of its publication; , issued by the local self-government authorities, from the economic book on the existence of such a citizen The right to a given land area (if this land is provided for a personal farm); other document establishing or certifying the right of such a citizen to a given land plot. (Paragraph 9 has become invalid-Federal Law of December 21, 2009). N 334-FZ) (Paragraph 10 is lost)-Federal Act of 21.12.2009 N 334-FZ) 5. State registration of the right of ownership of a citizen to the land referred to in paragraph 1 of this article shall not be permitted, in the event that such a plot of land under federal law may not be granted to private property. Property. 6. The claimant's shooting of additional documents for State registration of a citizen's ownership of the land referred to in paragraph (1) of this article is not permitted. "; 9) to be supplemented by articles 25 to 3, which read as follows: " Article 25-3. Features of the state registration of the right ownership of some of the created or created properties 1. Grounds for the State registration of ownership of immovable property created or created, if for construction, reconstruction of such property in accordance with the legislation of the Russian Federation The construction permit is not required, as well as for the State registration of the citizen's ownership of the individual housing project created or created on the land for individual housing construction. or created or constructed on the A plot of land located in a settlement and designed to maintain a personal farm (on a private land plot) is: proof of the creation of such a real estate property and containing its description; the title of the document to the land on which the immovable property is located. The submission of a title document to the said plot is not required in the event that the applicant's right to the land is previously registered in accordance with the procedure established by this Federal Act. 2. A binding annex to the documents submitted under paragraph 1 of this article is the cadastral map of the land on which the property being created or created is located. The submission of the cadastral plan for the specified land is not required if: The right to the specified land is previously registered in accordance with the procedure established by this Federal Law; the specified plot is designed for the maintenance of a household or gardening, and if a board of the appropriate garden or not-for-profit association is presented, confirming that the created or created The property is located within the limits of the boundaries of the A plot of land; for construction, reconstruction of the corresponding property created or created is not required by the laws of the Russian Federation to issue a building permit, or The land plot is intended for personal subsistence farming and if the local self-government authority of the settlement or city district is presented, confirming that the object being created or created immovable property situated within the limits of the specified land Section. 3. A document confirming the establishment of a real estate object for the maintenance of a land plot or gardening or the establishment of a garage or other real estate facility (if for construction, The reconstruction of such immovable property is not required under the laws of the Russian Federation to issue a building permit) and contains a description of such immovable property, the declaration of such facility is required Real estate. 4. Documents confirming the establishment of an individual housing construction site for individual housing construction or the establishment of an individual housing construction project on land A site located in a settlement and designed to maintain a personal farm (on a home plot) containing a description of such an individual housing construction, is a technical passport of individual housing construction and authorization the local government authority for the commissioning of such an individual housing construction project, or if such an individual housing construction is the object of construction in progress, Construction. Prior to 1 January 2010, the technical passport of the individual housing construction site is the only document proving the creation of such an individual housing construction site on a given land plot and containing his description. 5. The claimant's additional documents for the State registration of the citizen's ownership of the immovable property referred to in paragraph (1) of this article are not permitted. ". Article 4 Article 4 Federal Act No. 66-FZ of 15 April 1998 on horticultural, horticultural and distant not-for-profit associations of citizens Russian Federation, 1998, 1801; 2000, N 48, sect. 4632; 2004, N 35, sect. 3607; N 45, sect. (4377) The following changes: 1) Article 1 should be added to the following paragraph: " public property-property (including land) intended to be provided within the territory of the horticultural sector; of the non-commercial association of the needs of members of such a non-profit association in the passage, passage, water and water supply, electricity, gas supply, heat supply, protection, recreation and other requirements (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire installations and so on). "; 2), second sentence of article 13, paragraph 4, should read:" Calculation is made on the basis of established norms In the second paragraph of article 14, paragraph 4, of the word "common use", replace the word "land" with "general stores". use, "; 4), of article 21, paragraph 1, should be added to paragraph 16 of the following : "16) Decision on the acquisition of a land belonging to public property in the property of such association."; 5) in article 26, paragraph 1, the words "public lands" shall be replaced by the words " "Land belonging to public property"; 6. N 171-FZ) 7) (Spconsumed by Federal Law 23.06.2014) N 171-FZ 8) in article 42, paragraph 1, the words "in joint property or" should be deleted. Article 5 (Overtaken by Federal Law of 13.05.2008) N 66-FZ) Article 6 Article 333-33, paragraph 1, of the Second Tax Code of the Russian Federation of the Russian Federation, 2000, No. 3340; 2004, N 45, sect. 4377; 2005, N 30, sect. 3117; N 52, sect. 5581; 2006, N 1, sect. (12) The following changes: 1) in paragraph 20, replace "subparagraphs 19, 20-1, 22-24 and 52" with the words "subparagraphs 19, 20-1, 20-24, 22 to 24 and 52"; 2), to read: " 20-2) for State registration of the right of ownership of a natural person to a land plot intended for the conduct of personal, subsistence, gardening, gardening, individual garage or individual housing construction, or a real estate object created or created on such a land plot Property-100 rubles; ". Article 7 Article 3 of the Federal Law of 25 October 2001 N 137-FZ" On Introduction to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4148; 2003, N 28, sect. 2875; N 50, sect. 4846; 2004, N 41, sect. 3993; 2005, N 1, article 17; N 25, est. 2425; 2006, N 1, article 3, 17; N 17, est. 1782) the following changes: 1) add the following: " 2-1. Paragraph (2) of this article does not apply to cases where the land plots on the rights of permanent (indefinite) use are provided: horticultural, horticulture, or dachnot-for-profit associations of citizens; The Federal Law "On horticultural and distant not-for-profit associations" (hereinafter referred to as the federal law on horticultural, gardening, etc.) before the entry into force of the Federal Act of 15 April 1998 on horticultural, gardening and ") were created (organized) horticultural, Non-profit-making, non-profit associations of citizens using such plots. In these cases, the rights of permanent (indefinite) use of such land are rearranged in accordance with the procedure established by article 28 of the Federal Law "On horticultural and distant not-for-profit associations" Citizens "."; (2) in paragraph 3, replace the word "Provide" with the word "Effects"; (3) in paragraph 4, the words "to register the right of ownership of these lands in accordance with the rules laid down in article 20". Replace the words "the right of ownership" with the words " Land according to the rules set out in Article 36 "; 4) to supplement paragraph 9-1 as follows: " 9-1. If a land parcel is made available to a citizen prior to the enactment of the Land Code of the Russian Federation for the conduct of personal supply, date, gardening, gardening, individual garage or individual housing Construction on the right to life of inherited possession or permanent (permanent) use, that citizen has the right to register ownership of such a plot of land, except in accordance with federal law Such land may not be granted to private property. If, in an act, certificate or other document establishing or attesting a citizen's right to land, provided to him prior to the enactment of the Land Code of the Russian Federation for personal use, The right to which such land is given, or the type of the right is not specified, or the type of this right is not specified, or the type of this right is not indicated. Land is considered to be granted to the said citizen Property, except in cases where, under federal law, such land may not be granted to private property. State registration of title to the land referred to in this paragraph shall be carried out in accordance with Article 25-2 of the Federal Act of 21 July 1997 No. 122-FZ " On State registration of rights of Immovable property and transactions ". Decisions to grant such land to citizens are not required. If the land in this paragraph was granted to a citizen on the right to life of inherited possession or permanent (permanent) use, from the time of the State registration of ownership of the said citizen on such a plot of land, the right to life of inherited possession or permanent (permanent) use is terminated. "; 5) in paragraph 12 of the word" entitlement of permanent (permanent) "to read" the right of indefinite (constant) "; 6) in Note: paragraph first after the words "the objectives of this article" should be supplemented with the words ", except as provided for in paragraph 9-1 of this article,"; in the second paragraph, replace the word "legal" with the word "interested". Article 8 of the Federal Law of December 29, 2004 No. 189-FZ "On the Introduction of the Housing Code of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION (15) The following changes: 1) in Part 2 of Article 2 of the word "1 January 2007" should be replaced with the words "1 March 2010"; (2) Article 14 shall be declared void; (3) in article 20, the words "poor citizens" shall be replaced by the word "poor". "Citizens", the words "before 1 January 2007" shall be replaced by the words "before 1 March 2010". Article 9 Article 9 of the Federal Law of December 29, 2004 No. 191-FZ " On the implementation of the Town Planning Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION (17) The following changes: 1) Article 8 should be supplemented with Part 4, as follows: " 4. Prior to 1 January 2010, it is not required to obtain a permit for the commissioning of the individual housing construction project, as well as the submission of this permit for the technical accounting (physical inventory) of the facility, including for and the issuance of the technical passport of such an object. "; 2) to supplement article 9 with the following sentence:" The provisions of article 51, paragraph 17, of the Town Planning Code of the Russian Federation shall also apply to those mentioned therein ". objects that have been built, rebuilt or modified to Introduction of the Shipbuilding Code of the Russian Federation. ". Article 10 Admit invalid: 1) article 20, paragraph 5, article 21, paragraph 3, and article 28, paragraph 3 Land Code of the Russian Federation, 2001, N 44, st. 4147); 2) article 2, paragraph 1 (b), of the Federal Law of 31 December 2005, No. 206-FZ "On amendments to the federal law" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 17). Article 11 Maximum prices (tariffs, fees, rates, etc.) of land administration for private plots, dating farms, horticulture, gardening, individual garage or individual housing can be established by the constituent entities of the Russian Federation for the period up to 1 March 2015. (In the wording of Federal Law of 17.07.2009) N174-FZ) Article 12 1. The executive bodies of state power and local self-government bodies, as provided for in article 29 of the Land Code of the Russian Federation, have the right to carry out cadastral works, state cadastre records and public administration. Registration of citizens ' rights to plots of land for personal support, farming, gardening, horticulture, individual garage or individual housing, and located on such plots of land (...) (...) 2. For the purposes provided for in part 1 of this article, the executive bodies of the State and the local self-government bodies provided for in article 29 of the Land Code of the Russian Federation: 1) shall carry out the reception of citizens ' applications. The cadastral works, the State cadastral register and the State registration of citizens ' rights to land parcels and land plots of the capital; 2) are customers cadastral works based on citizens ' applications; 3) Statements and other documents on the state cadastral register of land plots and land plots of the capital; 4) obtain real property cadastral passports (land plots and land plots of the capital) and other documents and refer such documents to the citizens for whom the State cadastral survey is carried out; 5) is served by (as authorized persons) of the State Registration of rights to immovable property and transactions with it and other necessary documents for the implementation of such a state registration to the body conducting the state registration of rights to immovable property and transactions with it, and also receive Certificates of State registration of rights and (or) other documents and transfer them to the citizens for whom such state registration has been carried out. (Article in the wording of Federal Law dated 28.02.2012. N 8-FZ) Article 13 1. This Federal Act shall enter into force on 1 September 2006, with the exception of article 6 of this Federal Act. 2. Article 6 of this Federal Law shall enter into force on 1 January 2007, but not earlier than one month from the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 June 2006 N 93-FZ