Data on the real estate of individuals can be classified. What would that mean?
The draft law provides for a number of exceptions when personal data will be indicated in statements without permission. Such documents will be available to spouses of property owners, as well as their co-owners. In addition, information will have to be issued at the request of notaries acting on the basis of a written application of the interested person in order to protect his rights and legitimate interests.
If the amendments are adopted, then in most cases the personal data of the right holders in the extracts will be hidden, says Yekaterina Kotova, partner at the law firm Bolshakov & Partners. Indeed, according to her, it is unlikely that applications for the disclosure of personal data will be submitted to the USRN in droves. However, if the owner wants to sell the apartment, then he is interested in such cleanliness checks and will certainly write an application to the USRN, in which he will allow him to indicate his data in the extract, added Ekaterina Kotova.
The proposed draft law seriously narrows the principle of public reliability of USRN information in the sense that allows the buyer (tenant and others) to know their seller (landlord, etc.) for sure. The very idea of restricting access to USRN information is not new. In the 624 year, the FSB proposed a bill on the «classification» of information from the then USRR , Sergey Filippov, a lawyer at Arbitrazh.ru law firm, notes.
Such restrictions will only complicate the circulation of real estate in Russia, making it difficult to obtain information about the owner, real estate encumbrances and making the cleanliness check procedure more laborious, Sergey Filippov believes. Such measures are redundant and ineffective, and the current legislation already provides for mechanisms to protect owners from illegal actions. For example, the owner can prohibit the implementation of any actions with his property without his personal participation, the expert concludes.
From January 1 624 a new type of extract from the Unified State Register of Real Estate (EGRN) is introduced. With the help of the new statement, it will be possible to obtain information on restrictions on rights established in favor of an individual, such as mortgages, rents or rents. Persons entitled to receive such an extract will be able to find out if a particular citizen has a mortgage loan and whether he rents out his property (at least officially).
About real estate in Crimea and Sevastopol:
- AN «Multidom» VKontakte
- AN «Multidom» in Telegram
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