Amendments to the Laws on Registration of Rights and Real Estate Cadastre

Anna Minaeva
Lawyer, Ph.D.
Beiten Burkhardt

On March 1, 2010, amendments go into force for legislation concerning registration of rights and cadastral registration of real estate by Federal Law No. 334-FZ, dated Dec. 21, 2009.

State registration is a judicial act of the state’s acknowledgement and confirmation of the accrual, restriction (encumbrance), transfer or termination of rights to real estate (land, buildings, structures and uncompleted constructions). Cadastral registration of real estate is performed by entering in the state real estate cadastre information that confirms the existence of real estate with unique characteristics inherent thereto, cessation of its existence, as well as other judicially stipulated information on real estate.

The main goal of the amendments is to create a unified federal system of state registration of rights to, and state cadastral registration of, real estate pursuant to the concept reviewed at the Russian federal government session in June 2009 and approved by Order No. 534 of the Economic Development Ministry, dated Dec. 18, 2009.

The creation of this unified system of registration of rights and cadastral registration is aimed at increasing the quality and accessibility of state services in this field and at reducing costs to individuals and legal entities during the execution of rights to real estate. It is planned that these tasks will be resolved by uniting information systems and data on real estate, unifying procedures for rendering registration services, as well as by other measures foreseen by the concept.

As the first step in this direction, the Federal Service for State Registration, Cadastre and Cartography (Rosregister) was created at the end of 2008 by order of the president as the sole federal executive authority for registering rights and cadastral registrations. The latest amendments allow state registrations of rights and state cadastral registrations to be delegated to state budgetary institutions subordinate to Rosregister.

Further, according to the amendments, an application for state registration of rights may now be submitted together with an application for state cadastral registration of real estate. Thus, the number of filings to state authorities is reduced and the necessity to obtain intermediate documents (cadastral passports) is eliminated, but the total period for conducting each procedure remains unchanged.

Cadastral registrations and state registrations of rights shall be integrated into one system and therefore charging fees for each state function is considered inexpedient. Consequently the requirement to pay fees during a state cadastral registration has been eliminated.

One of the most important innovations is the synchronization of procedures for providing information from the state real estate cadastre and the Unified State Register of Rights to Immovable Property and Transactions Therewith (USRR). It is rational that if one authority provides these services then the rules for providing them must be equal. A fee is introduced for presenting state real estate cadastre data just as for presenting information on registered rights.

State real estate cadastre and USRR data will generally be provided within five business days from receipt of a request. The means of providing information are substantially expanded: Data are provided by post, public communications networks or other communication technologies, via access to an information resource containing state real estate cadastre and USRR data.

Legislation has been supplemented with several amendments not directly associated with creating the unified system of registration of rights and cadastral registration but aimed at simplifying procedures. For example, it is now possible to send documents for state registration of rights by post. To do so, notarization is required for the real estate transaction and the signature on the state registration application. The introduction of this provision may help resolve problems with queues and records on document issuance currently seen at certain Rosregister territorial bodies.

The important amendments also include the prolongation, until Jan. 1, 2013, of the transition period during which cadastral registrations of buildings, structures, premises and uncompleted constructions will not be performed and the functions of technical inventory and technical registration of such will remain with technical inventory organizations (BTIs). During this period, BTIs must forward to cadastral registration authorities certified copies of technical passports of buildings, structures, premises and uncompleted constructions.

These discussed amendments are not the last. As the next stage of legal regulation reform in this field, the concept envisages the passage of a new unified federal law in place of current federal laws on state registration of rights and state real estate cadastre.