If you are buying or selling an apartment, sign a long-term lease, mortgage or contract out any other real estate transaction, you will need to undergo the procedure of state registration of rights to immovable property and transactions with it. We must remember that not always the documents filed by the state registration may be registered. In some cases, the law allows the State Registrar to suspend the registration or refuse to do it. You may appeal this decision in court, but, above all, you need to know in which cases may be suspended and the refusal to register. This is especially true for the so-called alternative transactions.

Grounds for suspension of state registration.

The state registration may be suspended on the initiative of the state registrar, pursuant to a court decision, as well as on the initiative of the transaction and the original.

If the registration is suspended on the basis of determination or decision of the court, the period of this delay is uncertain. This is due to the fact that the duration of the suspension does not depend on the actions of the state registrar or owner, but from the end of the proceedings in a court case, associated rights, declared for registration.

This is also the case specifically designed for the Law on the mortgage. If there is a dispute over rights to immovable property which is subject to the mortgage, the state registration of mortgage is postponed until the resolution of the dispute by the court.

Registration is suspended on the initiative of the State Registrar if he doubts the grounds for registration of rights, as well as the authenticity of documents. If you have registered to cast doubt on the authenticity of documents, he is obliged to take measures to obtain additional information and confirmation of the authenticity of documents or reliability of the information within them. Doubts about the registrar may, in particular concerning the appropriate authority of the person applying for registration, the availability of property rights in disposing of a person, etc.

The Registrar shall notify in writing the applicant of the decision and its grounds. Applicants also have the right to present additional evidence that they have grounds for registration of rights, as well as the authenticity of documents and reliability of the information within them.

Doubtless to the suspension of state registration is the lack among the documents submitted refusal members share ownership of the right of first refusal shares in favor of an outsider. In the event that an application for registration filed less than one month from the day when the seller shares made it known its intention to other parties share ownership.

Suspension of registration is allowed no more than 1 month. But keep in mind that if you have applied for registration, by law it must be held not later than one month from the date of application and all necessary documents. That is, in principle, the registrar may, at the end of this month to decide on the suspension.

The Registrar shall on the day the decision to suspend the registration in writing to the contracting parties of the grounds for the decision. Naturally, in this case, applicants will lose time. If, within 1 month after the decision on suspension will not be eliminated reasons, the registration will be denied.

According to the owner or the parties to the transaction state registration may be suspended for a period specified in the declaration, but no more than three months. The statement must indicate the reasons for the suspension of registration, as well as the duration of such suspension. Documenting reasons for the suspension is not required. Here is the moment now trying to eliminate from the law of mortgage banks, because it prevents them to give money to the borrower on the day of the transaction, and not after the state registration.

Applying the suspension terminates during the term of state registration. That is, if you apply for suspension of state registration for 3 months, then after this period re-starts with zero months of registration.

Refusal to register.

The registration is denied in the following cases:

1) if the right to object property (housing) is not a right, subject to state registration of rights. The list of rights subject to state registration, installed art. 4 of the registration. With respect to transactions with residential premises to be registered right of ownership, the right of operational management and the right of economic management;

2) If an application for state registration requested an inappropriate person. Thus, for example, can not independently enter into a contract of sale and submit an application for registration of young citizens. An inappropriate person to be a citizen, apply for registration on behalf of another person without authorization from the copyright holder;

3) if the documents submitted for state registration of rights on the form or content does not meet the requirements of current legislation. For example, if the contract is subject to mandatory notarization, but he is not certified, or in the documents do not indicate all the necessary data for the state registration;

4) If the act of public authority or local government is recognized as invalid, since its publication. According to Art. 13 Civil Code, non-normative acts of the state agency or local government (as in the cases stipulated by law, and regulations not in conformity with the law or other legal acts and violating civil rights and lawful interests of a citizen or legal person) may be declared invalid by the Court;

5) If the person who issued the title document is not authorized to dispose of the right of this real estate;

6) If a person who has the right, limited to certain conditions, was a document without specifying those conditions. The person may be recognized by a spouse, has not received a notarial consent of the other spouse to make a deal with the dwelling (Section 3, Article. 35 IC RF);

7) if the title document of the real estate object (living space) indicates the absence of the applicant's rights to the object property.
The applicant may appeal against the decision to refuse the registration of immovable property and transactions with

Applicant must inform within a period not exceeding five days after the deadline for consideration of an application for registration. He has the right to appeal such decision in court.

In the registration of the rights you refuse to?

Denial of state registration of title to land is inevitable if the plot has been granted a citizen to 30.10.2001, for subsidiary farming, cottage farming, horticulture, gardening, IZHS, GCI, ownership, right of permanent (perpetual), inheritable possession for life. And also if in the act, certificate or other document that establishes the right of the citizen to the land, do not specify the law, which granted land, or impossible to determine the type of law, if in accordance with the law of this land can not be provided to private ownership.
The registration of the contract the equity in the building refused, if registered with another contract the equity in the building in respect of the same property. Denial also follow, if not represented by a contract of guarantee, if the developer as a way of securing the obligations under the contract chosen surety.

And here's another one not so good news: if you have been denied state registration, the state fee paid for registration, non-refundable. But before making a decision to refuse registration of the right on application to terminate the registration. In this case, half of the state fee paid for registration, returns.