CrimeaPRESS reports:
March 1 marked one year since new rules for obtaining extracts from the Unified State Register of Real Estate (USRN) came into force in Russia. Since last spring, personal data of property owners has been hidden from outsiders by default. The owner’s full name and date of birth are shown to a limited circle of people, including notaries. Others can obtain information only with the consent of the owner of the object. Or through a notary, but for this there must be good reasons supported by documents.
The corresponding notarial action is called “Certification of the existence of information in the Unified State Register of Real Estate”. Over the past year, over 29 thousand were committed. Most of all — in Moscow and St. Petersburg, Rostov, Penza, Moscow, Kaluga, Sverdlovsk and Chelyabinsk regions, Tatarstan and Udmurtia.
You can contact a notary for information either in person, by visiting the office, or remotely, through Personal Area on the FNP portal. Most often, residents of the two capitals and the Kemerovo region use the online opportunity. It is important to remember that the online format facilitates the application process, but not the conditions for obtaining information.
Unauthorized citizens can receive an extract with the personal data of the property owner only if there are serious and justified reasons for this. And also clear written evidence that confirms this. The legislative changes have actually established a reasonable compromise between the right of citizens to freedom of information and the right of property owners to protect their personal data.
For example, people who plan to sue neighbors who flooded or caused other damage apply for information about the owner of a property. One of the cases is that two residential buildings were located on neighboring plots of land. A fire started in one of them, which spread to the neighboring building and destroyed it. The name of the owner of the land where the fire broke out was unknown to the owner of the second house. For this information, he came to the notary with all the necessary evidence.
Requests are also coming from housing and communal services. They want to find out the details of apartment owners who are not accustomed to paying bills on time in order to collect debts for housing and utility services from them. Or, for example, the chairmen of SNT need information to collect debts on membership dues. The law also provides for such grounds as non-fulfillment of a work contract or a pledge agreement in relation to a property. Another motive is the applicant’s intention to go to court to protect his right to participate in privatization.
It happens that people try to cheat or apply for the wrong reason. Strange situations also happen. So, the girl wanted to find out from the notary the name of the owner of a certain apartment. The reason, in her opinion, was extremely serious — her fiance “dropped” there. It was necessary to make sure whether this was his home or whether the young man was visiting someone. However, jealousy is not on the list of valid reasons for obtaining data. Therefore, of course, there was a refusal here. In each case, the notary carefully clarifies all the circumstances of the case and the written evidence presented.
The State Duma was considering a bill proposing to give management companies and resource supply organizations independent access to USRN information, but deputies rejected this initiative. As stated in the conclusion, in addition to the opportunity to request data to protect your rights from a notary, information about property owners can be provided at the request of the court as part of debt collection in court.
For real estate transactions
One of the reasons for obtaining extracts with the full names of real estate owners through a notary is transactions for the alienation of this real estate. In this case, the evidence may be a preliminary agreement. If the buyer and seller come to the notary for an extract with a joint statement, then a preliminary agreement is not needed.
Questions arise about what to do if we are talking, for example, about renting real estate, which is not included in the list of legal grounds for requesting data through a notary. Or when you need a lot of such extracts. This can be solved even easier. Owners can independently receive statements with their personal data and provide them to a second party — a buyer, tenant or investor. Or the property owner can send an application to Rosreestr and set a mark in the Unified State Register that third parties can receive his personal data without any obstacles.
If the buyer and seller turned to the notary not just for an extract, but for a full certification of the transaction, they will not have to pay separately for the extract. In addition, it is worth considering: when certifying the fact of the availability of information in the Unified State Register of Real Estate, the notary issues the applicant a certificate and an extract, which contains only the last name, first name, patronymic and date of birth of the owner of the property, as well as the date the right arose.
The extract that the notary receives for himself when performing notarial acts contains much more information. There are passport details of the property owner, the basis for the emergence of the right, and more. In addition, notaries have many other tools at their disposal, which together guarantee maximum legal protection.
Thus, when certifying a transaction, a notary carries out a large complex of verification actions. For example, it requests data from the registry office, sees whether the family has a marriage contract, checks not only the passports of all participants, but also the validity of powers of attorney and other documents. It also checks the seller’s authority to see if there are any arrests or encumbrances on the property, such as a mortgage. Are the rights of third parties violated, is the seller bankrupt or an extremist. And other aspects that may subsequently become grounds for invalidating the transaction.
It is especially important that the notary talks in detail with the parties to the agreement. Finds out their real will, whether there is pressure from the outside, whether all actions are conscious. Another advantage of the notarial form of a transaction is working in a “one-stop shop” mode. From collecting all the main papers and certificates to sending information to Rosreestr to register the transfer of ownership in one working day.
At the same time, the notary, by virtue of the law, bears full financial responsibility for the result of his work and pays for each mistake with real money.
source: Federal Notary Chamber
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