Place a ban on registration actions with the apartment. How and why is a “ban” on real estate transactions established? Seizure on registration actions with property

A ban on performing registration actions with real estate can be imposed by the owner himself, as well as when filing an application, at the request of persons based on a decision of a judicial authority or a resolution of a bailiff. The article discusses the legal aspects of imposing a ban, the consequences of its violation, the procedure for application and methods of lifting if the ban was imposed by a judicial authority.

Why is the ban needed?

The ban on registration of actions with real estate helps to avoid situations in which an unauthorized person could carry out any actions with the property without the knowledge of the owner. Thus, the owner of the property imposes a ban on sale, registration as collateral (for example, with a mortgage) and other actions that make changes to the title documents by the state registration authorities.

After imposing a ban without the personal presence of the owner real estate it will not be possible to perform any actions with the property. It can be completed using a statement prohibiting registration actions with real estate, which is entered into a single state register, where all amendments regarding this or that property are indicated.

Legal grounds for the ban

The ban on registration of real estate comes into force due to:

1. Direct prescription of the law (for example, with a mortgage or easement).
2. Submitting an application by the owner himself if he wants to limit the ability of third parties to carry out registration actions with real estate.
3. Judicial decisions.
4. Enforcement proceedings: registration actions with real estate may also be prohibited by a resolution of the bailiff.

The main feature of the transfer of ownership of real estate is the mandatory registration in the state cadastral register. The imposed ban does not allow free disposal of property, including the registration of ownership rights of new guests.

Real estate objects that may be subject to a ban

In article 130 Civil Code The Russian Federation lists all types of property subject to seizure. These include:

• residential and non-residential premises, as well as other buildings that are registered in the state register;
• land plots (including those with mineral resources located) and unfinished buildings;
• air and sea (inland navigation and not only) vessels;
• other objects of property that are expressly specified in the legislation as real estate.

How to issue a ban

To limit registration actions with real estate, you must contact one of the government agencies with a corresponding application. Where you can impose a ban:

• MFC ( multifunctional center, which provides services to the public);
• Rosreestr;
• one of the branches of the Cadastral Chamber.

The statement indicates a prohibition on performing registration actions with real estate without the personal participation of the owner or his representative. Many lawyers insist that the personal presence of the owner be indicated during the execution of any transactions, since after making an entry in the Unified State Register of Real Estate, no one will be able to carry out registration actions without the participation of the owner. And even if the representative has a power of attorney to carry out registration actions with real estate, the application for re-registration of property rights will be returned to him.

After this, the application will be considered by the filing authority, and an appropriate decision will be made on the case. A note will appear in the cadastral register about the prohibition of registration actions with real estate, and there will be no fear of fraudulent actions on the part of the seller or his intermediaries.

By the way, you can also issue a ban online on the Rosreestr website.

Documents

As part of the restriction on registration actions with real estate, provision is made to the relevant authorities necessary information. What is this documentation:

• documents confirming ownership of the specified real estate;
• passport or other identification document;
• a statement that can be drawn up in free form.

Imposition of a ban on registration actions with real estate

Within enforcement proceedings The bailiff can restrict any actions performed with real estate (for example, sale). This is done in the interests of the claimant (creditor) in order to fulfill the stated requirements: thus, the owner’s hands are “tied” - he cannot dispose of the property.

Also, a ban can be imposed by a court decision to secure a claim, which is predetermined by a petition to ban registration actions with real estate, which is filed by the plaintiff as part of the trial.

The arrest comes into force from the moment the court makes the relevant decision. Direct restriction of the owner’s rights occurs from the moment documents about this are received by the bailiff.

Grounds for imposing a ban

There are only two reasons for encumbering and limiting the rights of the owner.

1. As a coercive measure.
2. As security measures (creates the possibility of execution court decision, but does not imply forced execution).

Legal consequences

Transactions made with real estate subject to a ban on registration actions are considered illegal and have corresponding legal consequences for all parties. In the event that registration was carried out contrary to the imposed ban, the registering authority will bear responsibility for all damages caused. All costs will be collected from him.

At the same time, Article 174.1 of the Civil Code of the Russian Federation states that the owner may not take into account the restriction on registration actions with real estate if:

• the transaction is made to pay off a debt;
• the property is transferred to the claimant (creditor).

In this case, it is assumed that the buyer should have known or knows about the imposed restriction. If such information was not received by him, the acquirer has the right to recognize this transaction as invalid and refuse the presented property, compensating for losses.

Withdrawal from real estate

The grounds and procedure for lifting the ban depend on the conditions under which it was imposed. For example, if the restriction was imposed by the owner, then only he can cancel it by preparing a corresponding application.

The procedure for lifting a ban is similar to its imposition. The application is submitted to the Rosreestr department or the territorial body of the MFC.

A seizure for registration of real estate based on a bailiff's order can only be lifted by decision of the authority that issued it. But also a seizure, which involves restricting the use of real estate, can be lifted by satisfying the claimant’s demand (by repaying a loan, for example) or if the value of the seized property does not correspond to the amount declared by the creditor. The restriction can also be lifted if the owner submits an application in which he offers other real estate as a replacement for the seized property. However, in the latter case, the court may not grant the applicant's request.

The basis for canceling the interim measures that the court issued during the consideration of the case is the refusal to satisfy the plaintiff’s stated demands.

Examples of judicial practice

The possibility of imposing a ban on registration actions is recognized by the Constitutional Court Russian Federation. Since the actions of the bailiff are aimed at forcing the debtor to complete, timely and correct compliance with the requirements specified in executive document, such a prohibition limits the disposal of property from the property, which can subsequently be foreclosed on.

However, this approach violates the rights and interests of the debtor, and the ban will be legal only if it is issued by a specific by judicial act, and not by decision of the bailiff. This is justified by the fact that not a single Federal Law provides for an arbitrary resolution to limit the ownership of property as a separate procedural action issued by a bailiff.

The ban should be applied only in exceptional cases. Otherwise, the rights of the debtor are subject to protection as a person participating in enforcement proceedings.

A ban will be legal if:

• the property is commensurate with the plaintiff’s stated requirements;
• the resolution does not impose restrictions on other types of property of the debtor.

In some cases, courts satisfy the imposed ban on real estate, since this restriction concerns only the disposal of property and not its use.

It is worth noting that if the residual value of the property significantly exceeds total debt, then the court may lift the ban. Then judicial body recognizes the excess of his powers or the bailiff and cancels the restriction regarding real estate.

Therefore, the preventive measure must meet certain criteria:

1. Be acceptable for timely and complete fulfillment of stated requirements.
2. Take into account the rights and interests of both parties.
3. Be consistent with the law.
4. The requirements specified in the executive document must be taken into account.

How to protect yourself from scammers

When buying real estate, you can easily run into the tricks of unscrupulous sellers or scammers. It is worth considering that any transaction with real estate must be registered in the state register of the Unified State Register of Real Estate.

Therefore, before completing a purchase and sale transaction, lawyers recommend making sure that ownership of the property really belongs to the seller. This can be done by requesting an extract from the Unified State Register of Real Estate or another government agency that deals with property registration.

You can request information about real estate either in person or online on the Rosreestr website. Here you can also find out whether a ban has been imposed on performing registration actions with property.

Thus, a ban on registering property can be imposed either by the owner himself or by a judicial authority or a bailiff. In the first case, this is done to avoid transactions without the participation of the property owner. And the second case is considered as a coercive measure for the owner, which is aimed at satisfying the demands of the claimant during the trial. The procedure for lifting the ban involves filing a petition with the judicial authority, which indicates the reasons for the violation of rights

What could prevent or prevent such a ban from being established?

Requirements for documents provided for purposes state registration rights, including for making a record in the Unified State Register of Rights about the impossibility of state registration of rights without personal participation, are established in Art. 21 of Federal Law No. 218-FZ.

These requirements, in particular, include the following:

The text is written illegibly, the names legal entities are indicated in abbreviated form, without indicating their location or surname; names and patronymics individuals, the addresses of their places of residence are not written in full,

An inappropriate person filed a complaint. In this case, the appropriate persons are: the owner of the residential premises indicated in the Unified State Register, the legal representative of the owner or a representative for notarized power of attorney to submit an application to make a record in the Unified State Register of the impossibility of state registration without personal participation,

There are contradictions between the information about the property contained in the application and the information from the Unified State Register of Real Estate about such property.

The grounds for returning documents are:

The application submitted electronically does not comply with the established format;

The application on paper contains clerical errors, typos, additions, crossed out words and other corrections and damage that do not allow an unambiguous interpretation of its contents;

Absence of the applicant's signature on the application.

In other cases, if the documents submitted for state registration do not comply, registration is suspended, indicating a period for eliminating these deficiencies.

The material was prepared with the help of: lawyer Anna Minushkina, head of the legal department of MKA "Arbat" Marina Orlova, experts from the law firm Tenzor Consulting Group

But what if the owner who issued the ban died, is this ban automatically canceled or passed on to his heirs?

The law comprehensively establishes the grounds for expunging a record of the impossibility of state registration of a right without the personal participation of the copyright holder, and the death of the copyright holder is not such a basis.

The law does not provide for the death of the person submitting the application as a basis for expunging the record. The termination of the entry must be declared by the new owner who has acquired the rights of inheritance.

Article 36 of Law No. 218-FZ provides for only three cases of termination of a record of the impossibility of state registration without the personal participation of the owner of the property:

1) solution state registrar rights (without an application from the owner or his legal representative) simultaneously with the state registration of the transfer and termination of the ownership right of the said owner, carried out with his personal participation;

2) an application from the owner (his legal representative) to withdraw a previously submitted application about the impossibility of registration;

3) a judicial act that has entered into legal force.

And if there are several owners, do they all need to submit an application for the entire property at once, or can each one place a ban only on their share?

A citizen can only dispose of the property that belongs to him by right of ownership. Thus, you can impose a ban on the sale of only your share.

Do I need to pay to obtain this ban?

No, there is no state fee for completing the application.

However, according to Art. 333.33. The Tax Code of the Russian Federation for making changes to the USRN records for individuals, including at the request of the owner (his legal representative) to withdraw a previously submitted application about the impossibility of registration, a state duty of 350 rubles is established for individuals.

How and where can the owner obtain this ban?

The copyright holder (legal representative) must submit to any of the institutions (MFC, Rosreestr, Cadastral Chamber) an application in writing or in the form of an electronic document of the established form, filled out in accordance with the requirements established by Order of the Ministry of Economic Development dated December 8, 2015 No. 920.

Information about the impossibility of state registration of rights without the personal participation of the right holder is entered into the Unified State Register of Real Estate within 5 days from the date of submission of documents. When submitting documents to MFC deadline registration is extended by two working days.

The law does not contain a list of documents required to make such an entry in the Unified State Registration Register. Thus, the only document for formalizing such a “ban” is the application itself, since others (certificate of ownership, etc.) can be obtained by the MFC, Rosreestr, Cadastral Chamber in other federal bodies authorities, authorities of the subject, bodies local government by sending an appropriate interdepartmental request.

When filling out the application, you must pay attention to the “Method of obtaining documents” detail, which stipulates that registration actions can be carried out with or without issuing an extract from the Unified State Register to the applicant. In the latter case, an extract from the Unified State Register can be obtained:

On paper, that is, in person or through postal item, only if the application was submitted in the form of paper documents,

To the email address specified in the application.

Why is such a ban on real estate transactions needed at all and how does it work?

To begin with, it must be said that it would be more correct from the point of view of the law to speak not about a ban on transactions, but about “the impossibility of state registration of a right without the personal participation of the copyright holder.” This mechanism is not new, it appeared back in 2013.

This measure allows you to stop fraudulent activities by:

Sale (sale, donation, exchange) of real estate. For example, in cases where you have lost your passport and/or documents for this property, your departure for a long period of time;

Registration of lease, pledge and other restrictions (encumbrances) in relation to the property;

Termination of the owner's rights to the property.

To do this, the copyright holder or his legal representative must submit an appropriate application for a ban on transactions with real estate. It is accepted by the cadastral chamber or MFC. Then, a prohibition is entered into the Unified State Register of Rights to Real Estate and Transactions with It, and without your presence, even with a notarized power of attorney, no one will be able to conduct a transaction on your property, terminate ownership, or impose an encumbrance on your behalf.

It should be remembered that the presence in the Unified State Register of Real Estate of a record about the impossibility of state registration without personal participation does not prevent the state registration of a transfer, restriction (encumbrance), or termination of the rights of the owner of a residential premises; if the following is submitted for state registration:

A court decision that has entered into legal force (for example, in the event of bankruptcy of a mortgage borrower, if the residential premises are pledged to the bank),

Requirement of a bailiff in accordance with the Federal Law “On Enforcement Proceedings”,

And in other cases established federal laws Russian Federation (for example; courts, investigative bodies).

It is possible to cancel the "ban" in judicial procedure, at the request of the bailiff and at the request of the owner.

Can such a ban be issued for any real estate?

For any property registered in the cadastral register, be it an apartment, a room, an individual residential building or a parking space, the impossibility of state registration of rights without the personal participation of the copyright holder can be registered in the prescribed manner.

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From January 1, 2017, all compatriots can take advantage of the simplified procedure for registering rights to real estate. If you want to register your rights to a house, dacha, or land, an application to any branch of Rosreestr or MFC is sufficient.

This will allow property owners to register property without traveling to the locality, where it is located. For example, in St. Petersburg you can register an apartment or dacha located in another region.

The simplification of the procedure has raised justifiable concerns. This could open up additional opportunities for black realtors and other scammers.

“In St. Petersburg, more than one hundred residents have suffered from the actions of apartment swindlers,” says Alexey Lapshin, chairman of the legal Petersburg public organization. – Most often, they, acting under the guise of realtors, forged documents for the sale of an apartment and sold it at a reduced price. Sometimes clients did not receive even this money.

Therefore, the law makes it possible to formalize a ban on registration actions with real estate without the personal participation of the owner or his legal representative.

Why is there a ban on registration of real estate without an owner:

assignment of ownership rights to property by another person;

concluding a fictitious contract for the sale of housing or land;

adjustments in title documents.

Prohibition on real estate transactions - registration procedure

To issue a ban on transactions with a house, apartment, cottage, land, apply with an application to:

Rosreestr;

Leave a request

Then the required entry will appear in the Unified State Register of Real Estate. Any manipulations with square meters without the presence of their owner will become impossible. In addition, an application for a ban on actions with real estate can be sent by registered mail or through the State Services website.

Important! The optimal solution is to prepare an application for a ban on real estate transactions without the personal presence of the owner, excluding the participation of a personal representative. This could be a loophole for scammers.

You can lift the ban on real estate transactions:

by means of an application requesting to cancel the entry in the Unified State Register of Real Estate;

by court decision.

A real estate lawyer will explain how to impose a ban on transactions with a house, apartment, or land.

How to cancel the ban on bailiffs on real estate transactions

A ban on registering real estate can be imposed by a judge or bailiffs. This is done for two main purposes:

An injunction is issued to preserve the disputed property at the request of one of the parties to the proceeding. For example, if the apartment became the subject of litigation between the heirs. Then neither the plaintiff, nor the defendant, nor interested parties will not be able to complete a housing transaction.

To sell property to collect the debtor. The basis for this is the Resolution on the initiation of enforcement proceedings. He is handed out by a bailiff.

The owner can appeal the decision to ban real estate transactions. The reason could be:

availability of money securities, other valuables that the debtor can sell;

Transactions with the debtor's only residence are prohibited.

Important! How can I find out about the ban on transactions with housing space? Contact Rosreestr for an extract from the Unified State Register.

Do you think that bailiffs illegally imposed a ban on an apartment, house or land plot? To remove the ban, seek help from a real estate lawyer. We have samples at our disposal necessary statements and petitions.

Will the ban on bequeathing real estate to relatives be legalized?

Last spring, information appeared that State Duma deputies were developing a bill banning the bequest of real estate to relatives.

The ideologists of the document proceeded from the fact that the division of real estate becomes a reason for a serious conflict in the family, even breaking the law. To avoid such consequences, legislators proposed to impose a ban on bequeathing real estate to family members claiming it.

“It was assumed that the heirs would first be given time to independently decide who would own the apartment solely,” explains Alexey Lapshin. – If an agreement could not be reached, the apartment remaining from the deceased would have to be sold, and the proceeds divided between the heirs in accordance with their share.

Important! This bill has not yet been adopted. Opinions were expressed that it would not receive the support of the majority of deputies, since it infringes on the legal rights of citizens. In addition, quarrels between relatives over inheritance cannot be a reason for such radical measures.

The most common state registration is a real estate transaction. To protect yourself from fraudulent activities, the term “prohibition” was introduced into the Legislation. What is a ban, why is it needed, how to apply through the MFC and other issues related to the security of real estate.

A transaction ban is the impossibility of registering real estate with government agencies without the personal participation of the owner. The property must be registered in the Unified State Register of Real Estate. The amendment to the law “On state registration of rights to real estate and transactions with it” has been in force since October 1, 2013.

Protect yourself and your property from the following types of fraud:

• registration of a pledge or rental of your property by third parties;
• termination of rights to own an object;
• registration of the sale, donation or exchange of an object.

Please note that the above cases of fraud can occur in cases of: loss of passport, certificate of title, long-term departure.

What does "ban" mean?

To impose a ban means not to allow any types of transactions with specific real estate without the presence of the owner of the object.

A ban is issued by filing an application with the relevant authority. The application (form submitted to the MFC) will become the basis for making changes to Rosreestr.

Important! After submitting the application, the registration authority will not consider applications for re-registration or alienation by third parties of the named object. Having a notarized power of attorney will not solve the problem.

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Procedure for submitting an application to the MFC

You can submit an application to the registration authority through:

1. Rosreestr;
2. Cadastral Chamber.

Let's consider the option of submitting an application through the MFC. When submitting the application, Rosreestr indicated the following requirements to comply with:

• complete information about the object;
• there should be no corrections or erasures in the application;
• no additions to documents at the site;
• full personal data and full names;
• electronic signature when submitting electronically.

Apply for a ban in a few steps, having your passport with you:

1. sign up for the “My Documents” center;
2. come to the MFC on the appointed day;
3. in the presence of an MFC employee, write a statement in free form, indicating all technical specifications object;
4. present a title document;
5. wait for changes to be made to Rosreestr.

Result of service provision

The result will be a ban on carrying out any registration actions without the personal presence of the property owner.

Important! When contacting government agency of third parties to complete transactions, an employee of the MFC (Rosreestr) venetizes a package of documents without consideration!

How to cancel an entry

Lifting the ban is possible only upon the personal application of the owner upon presentation of a passport or by a court decision. The measure should help protect objects from committing fraudulent activities.