Educational program: deadlines for eliminating the causes of suspension of real estate registration can be extended

The deadline for eliminating the reasons for suspending state registration of rights or cadastral registration of real estate can be extended for a period of up to six months. Deputy Chairman of the Council of Ministers of the Republic of Crimea Anna Anyukhina recalled this. Article 26 of Federal Law No. 218-FZ “On State Registration of Real Estate” establishes dozens of grounds for suspending the procedure for registering rights, transferring rights or cadastral registration of real estate.

Contrary to the common negative attitude towards “suspensions”, they are an intermediate solution in the provision of public services: in fact, the applicant is given additional time to eliminate obstacles in the registration of his property– the press service of the Deputy Prime Minister quotes.

The reasons for the suspension, their legal basis, deadlines and methods for eliminating them (in most cases for 3 months) are indicated in the corresponding notice. If the comments are not corrected within the allotted time, the state registrar will be forced to make a final decision to refuse registration.

The deputy chairwoman explained that refusal to perform registration actions risks the fact that, according to the law, the paid state duty is “burned out,” which does not, however, deprive the applicant of the right to re-apply for the service, provided that all necessary documents are attached and the state fee is paid again.

It often happens that the applicant does not have time to correct comments within the established period, including due to circumstances beyond his control. In this case, it is useful for interested parties to know that caducation or registration can be suspended once at the initiative of the applicant for a period of no more than 6 monthsnotes Anna Anyukhina.

To carry out this procedure, it is necessary in any established way (through the MFC or using online services) to submit an application for suspension of registration (caducation), indicating the reasons for the suspension and a period not exceeding 6 months, which, in the applicant’s opinion, is necessary to eliminate them. When all the comments have been eliminated, the individual or legal entity can only submit an application to resume registration and registration activities.

It is also useful to know that in cases where it may take a longer period, more than 6 months, to eliminate the reasons for the suspension, the applicant has the right to submit to the State Committee on Registration an application to terminate the registration and return the documents on his own initiative. In such a situation, he will be able to return half of the state registration fee paid, and then, when all the documents are in order, he will be able to resubmit them again at any convenient time.

source: Information Policy Department of the Ministry of Information of the Republic of Crimea