Grounds for Suspension of State Registration of Rights - Commentary on the Housing Code of the Russian Federation

Article 19. Grounds for Suspension of State Registration of Rights

1. The state registration of rights is suspended by the state registrar if he doubts the existence of grounds for state registration of rights, the authenticity of the documents submitted or the reliability of the information specified therein, as well as in the case of failure to submit documents (information contained therein) requested by the body that is carrying out state registration rights, on interdepartmental requests. The state registrar is obliged to take the necessary measures to obtain additional documents and (or) information and (or) to confirm the authenticity of documents, the reliability of the information specified therein. The state registrar is obliged to notify the applicant (s) in writing on the suspension of state registration of rights and on the grounds for adopting such decision on the day of the decision to suspend state registration of rights. The applicant (applicants) has the right to submit additional evidence that they have grounds for state registration of rights, as well as the authenticity of documents and the reliability of the information contained in them. In the event that state registration of rights is suspended due to failure to provide the documents required for state registration of the documents (information contained therein) requested by the body conducting state registration of rights for interdepartmental requests, the applicant (s) is notified (notified) of his ) the right to submit such documents on its own initiative (as amended by Federal Law No. 383-FZ of 03.12.2011).

State registration of rights to a land plot is also suspended if there are no cadastral records in the state real estate cadastre regarding such a land plot

information on the coordinates of characteristic points of the boundaries of such a land plot or one of the boundaries of such a land plot crosses one of the borders of another land plot in accordance with information on the latter entered in the state cadastre of real estate, with the exception of the following cases (the paragraph is introduced by Federal Law of 21.12. 2009 No. 334-FZ):

if the cadastral passport or cadastre plan of such a land plot was previously submitted and was placed in the relevant case of title documents (the paragraph was introduced by Federal Law No. 334-FZ of December 21, 2009);

if the right to such a land plot was previously registered in accordance with the procedure established by this Federal Law (the paragraph was introduced by Federal Law No. 334-FZ of December 21, 2009);

if such a land plot is provided for the conduct of personal subsidiary farming, dacha farming, gardening, gardening, individual garage or individual housing construction (the paragraph is introduced by Federal Law No. 334-FZ of December 21, 2009);

if an application is submitted for state registration of the origin, transfer or termination of the ownership of the land share (the paragraph is introduced by Federal Law No. 435-FZ of December 29, 2010);

if rights arise in connection with the re-registration of the right of permanent (unlimited) use of land plots (the paragraph is introduced by Federal Law No. 214-FZ of July 18, 2011);

other cases established by the federal law (the paragraph is introduced by Federal Law No. 334-FZ of December 21, 2009).

The state registration of a transaction with an immovable property and (or) transfer, restriction (encumbrance) of the right on its basis to an immovable property object is suspended if there are previously submitted documents for state registration of a transaction with this immovable property and (or) transfer, restrictions (encumbrance) of the right to this immovable property subject to which a decision on state registration or on refusal to state registration is not accepted. The state registration in this case is suspended until the state registration of the transaction with this immovable property and (or) transfer, restriction (encumbrance) of the right to this immovable property subject to the previously accepted documents is completed (the paragraph is introduced by Federal Law No. 405-FZ of 06.12.2011) .

In this case, the notification of the suspension of state registration of rights to such a land plot should also contain recommendations for eliminating the reasons for this suspension and a cadastral extract of such a land plot containing publicly available cadastral information about it should be attached to this notification (the paragraph is introduced by the Federal Law No. 334-FZ of December 21, 2009).

The state registration of rights on the basis of a judicial act can be suspended by the state registrar only if he has doubts about the authenticity of the documents submitted (the paragraph is introduced by Federal Law No. 225-FZ of 02.10.2007).

2. In the cases referred to in paragraph 1 of this article, state registration of rights may be suspended for not more than one month.

If during the specified period the reasons preventing the state registration of rights are not eliminated, the state registrar must refuse to register the rights to the applicant and make an appropriate entry in the record book of the documents, except for the cases specified in clauses 2.1 and 3 of this article (paragraph 2 in the amended version of Federal Law No. 383-FZ of 03.12.2011).

2.1. In the case of non-required for state registration of title documents (the information contained in them), requested by the body carrying out state registration of rights for interdepartmental requests, the state registration of rights shall be suspended for up to eliminate the causes, it impede, but not more than one month ( paragraph 2.1 introduced by the Federal Law of 03.12.2011 № 383-FZ).

3. The state registration of rights may be suspended for not more than three months on the basis of the application submitted to the body conducting state registration of rights in writing by the right holder, party or parties to the transaction or authorized by him or them, if he has a properly issued power of attorney. The application specifies the reasons that served as the basis for suspending the state registration of rights, and the time required for such suspension. Admission to the body that carries out state registration of rights, an application for suspension of state registration of rights shall terminate during the period established by paragraph 3 of Article 13 of this Federal Law. The period that has elapsed before the receipt of this application is not counted in a new term.

The state registration of rights may be suspended by the state registrar for a period not exceeding a month on the basis of an application submitted to the body conducting state registration of rights in writing by one of the parties to the contract on the return of documents without conducting state registration of rights in the event that the other party The contract did not address the said application. If during this period the reasons preventing the state registration of rights are not eliminated, the state registrar must refuse to the parties to the contract in the state registration of rights and make an appropriate entry in the record book on this.

These applications can be submitted to the body that performs state registration of rights, by mail with the declared value when it is sent, with an inventory of the investment and a notice of delivery. In this case, the authenticity of the signature of the applicant on the said applications must be certified in the notary order and, if the applicant is a person authorized by the right holder, party or parties to the transaction, a properly completed power of attorney must be attached to the said application.

On the day of the decision to suspend the state registration of rights, the state registrar must notify in writing the parties to the agreement on the suspension of state registration of rights and on the grounds for adopting such a decision.

The rules of this paragraph do not apply to the state registration of rights associated with the alienation or encumbrance of a dwelling premise, if it is acquired using credit resources of a bank or other lending institution or of a special-purpose loan provided by another legal entity. Suspension of state registration of rights or refusal of such registration in this case is allowed only on the basis of a joint statement of the parties to the transaction with the attachment of a document expressing the consent of the creditor (lender) (clause 3 in the amended version of Federal Law No. 334-FZ of December 21, 2009) .

4. In accordance with the procedure established by law, state registration of rights may be suspended on the basis of a ruling or a court decision. The suspension of state registration of rights is accompanied by the introduction of a corresponding mark in the Unified State Register of Rights.

If, within the period established for consideration of an application for state registration of a transaction and (or) transfer of rights, but before making an entry in the Unified State Register of Rights or taking a decision to refuse state registration of rights to the body exercising state registration of rights, decision (determination, decision) on the imposition of arrest on the immovable property object or prohibition to perform certain actions with the object of immovable property or on the election as a preventive measure of a pledge, state the grant of registration of rights is suspended until the arrest or prohibition is lifted, the pledge is returned to the pledgor or until the issue of the pledge is transferred to the state income in the manner established by the legislation (the paragraph is introduced by Federal Law No. 69-FZ of 09.06.2003, as amended by Federal Laws of June 29, 2004 No. 58-FZ, dated August 22, 2004, No. 122-FZ, as of 07.04.2010 No. 60-ФЗ).

The state registrar is obliged to notify the applicant (s) in writing about the suspension of the state registration of rights and the grounds for suspension of state registration of rights within a period of not more than five working days from the date of suspension of state registration of rights (the paragraph is introduced by the Federal Law of 09.06.2003 No. 69-FZ, as amended by Federal Law No. 122-FZ of August 22, 2004).

5. Notification of the suspension of state registration of rights must be issued to the applicant or his representative in person, or if there is an appropriate indication in the application for state registration of rights or in the request of the bailiff, sent by mail with the declared value when it is sent, and the notice of delivery to the postal address indicated in such application or in the requirement of the bailiff-executive to the postal address.

If there is an indication in the application or in the request of the bailiff that the notice has been provided in electronic form, the notification shall also be sent to the e-mail address indicated in such application or at the request of the bailiff (paragraph 5 is introduced by Federal Law No. 21.12 .2009 No. 334-FZ).

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