Goskomregister of the Republic of Crimea: in what cases documents submitted for state registration of real estate can be returned without consideration
CrimeaPRESS reports:
Documents submitted by applicants for state registration of rights may be returned without consideration in several cases provided for by law. This was reported by Deputy Chairman of the Council of Ministers of the Republic of Crimea Anna Anyukhina. According to Federal Law No. 218-FZ “On State Registration of Real Estate”, the rights registration authority may return documents submitted electronically without consideration if the application form and the documents themselves do not comply with the format established by Rosreestr. Another reason for a return is if paper documents contain erasures, additions, crossed out words and other corrections not specified in them. In this case, it is recommended to contact the authority that issued the document to obtain a duplicate and resubmit the documents.
It happens that citizens send to the department an application for state registration of the transfer of rights or termination of ownership of a property owned by an individual, and attach documents to it in electronic form, signed with an enhanced qualified electronic signature (ECES). However, due to non-compliance Article 36.2 of Federal Law No. 218-FZ their documents will also not be accepted for work. In this case, you should first provide an application for the possibility of registration using UKEP and only then send documents electronically, or initially submit a package of documents on paper, – the Deputy Prime Minister clarified.
When submitting documents for registration of real estate through a proxy, the owner must remember whether he has introduced a ban on any transactions without his personal participation. If there is a mark in the Unified State Register of Real Estate about the impossibility of performing registration actions without the copyright holder, he will have to submit the documents himself or cancel the corresponding entry in the register, since if the documents are submitted by another person, the documents will also be returned.
Registration actions will also not begin if the citizen simply does not sign the application for state registration or cadastral registration or does not pay the state fee if required by law.
Failure to pay the state fee as such or failure to provide a receipt confirming the fact of payment within 5 days after submitting the application is one of the most common reasons for not receiving the expected service. At the same time, the paid state duty in case of return of documents without consideration is considered unused and can be counted when re-submitting documents for real estate registrationnoted the Deputy Prime Minister.
According to her, this year the list of grounds for returning documents without consideration, contained in Art. 25 of Federal Law No. 218-FZ, was supplemented. So, if the right, restriction of the right or encumbrance of the object that the applicant asks to register is not subject to state registration, then you should not wait for such a decision from the government agency. For example, the law does not require registering the right to free use of premises or an agreement on the procedure for using a land plot; therefore, upon receipt of a corresponding application for registration, these documents will simply be returned to the applicant.
source: Information Policy Department of the Ministry of Information of the Republic of Crimea
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