ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 18, 1998 No. 219

About approval of Rules of maintaining the Unified State Register of Rights on real estate and transactions with it

In pursuance of the Federal Law "About State Registration of the Rights to Real Estate and Transactions with It" Government of the Russian Federation decides:

1. Approve the enclosed Rules of maintaining the Unified State Register of Rights on real estate and transactions with it.

2. Ceased to be valid since January 1, 2005.

3. Ceased to be valid since January 1, 2005.

4. It is excluded.

Approved by the Order of the Government of the Russian Federation of February 18, 1998 No. 219

Rules of maintaining the Unified State Register of Rights on real estate and transactions with it

1. These rules according to the Federal Law "About State Registration of the Rights to Real Estate and Transactions with It" establish forms of the Unified State Register of Rights on real estate and transactions with it (further hereinafter is referred to as - the Unified State Register of Rights) and procedure for their filling, single for the Russian Federation.

2. Control of observance of these rules by territorial authorities of Federal registration Service ( the territorial authorities of Service, bodies performing state registration of the rights hereinafter are referred to as further) is performed by Federal registration Service (further hereinafter is referred to as - Service, the body performing state registration of the rights).

I. Structure of the Unified State Register of Rights

3. The Unified State Register of Rights is intended for maintaining the system of records about the rights to real estate unified within the Russian Federation, about transactions with it, and also about restrictions (encumbrances) of these rights.

4. Maintaining the Unified State Register of Rights by the corresponding state registration of the rights to real estate and transactions with it is performed:

Service - in case of state registration of the rights, restrictions (encumbrances) of the rights to the companies as the property complexes, real estate units located in the territory of more than one registration district, and transactions with them;

territorial authorities of Service - in case of state registration of the rights, restrictions (encumbrances) of the rights to other real estate units located in the territory of the registration district in the location of real estate, and transactions with them.

5. The Unified State Register of Rights consists of the Sections containing records about each real estate unit. Each Section of the register contains the description of object, record about the property right and other corporeal rights to this object, name (name) of the owner, record about restrictions (encumbrances) of these rights and availability of transactions with this object.

6. Each Section of the Unified State Register of Rights is identified by cadastral number of object, and in case of its absence - conditional number.

The Section of the Unified State Register of Rights containing records about the company is identified by conditional number which is assigned by Service based on the rules of introduction of records about the rights to the company and transactions with it approved by the Ministry of Justice of the Russian Federation in the Unified State Register of Rights and interactions of Service and territorial authorities of Service when implementing state registration of the rights to the company.

7. Sections of the Unified State Register of Rights are located according to the principle of the single real estate unit. The Section containing information on the buildings, constructions and other real estate units which are on the parcel of land is located directly behind the Section containing information on this site. The Section containing information on the apartments, residential and non-residential premises and other objects which are part of the building or construction is located directly behind the Section containing information on this building or construction.

The procedure for arrangement in the Unified State Register of Rights of the Section containing records about the company is determined based on the rules of introduction of records about the rights to the company and transactions with it approved by the Ministry of Justice of the Russian Federation in the Unified State Register of Rights and interactions of Service and territorial authorities of Service when implementing state registration of the rights to the company.

8. Each Section of the Unified State Register of Rights consists of three subsections:

subsection I - the description of the real estate unit (appendix N 1);

subsection II - records about the property right and about other corporeal rights to the real estate unit, about transactions about alienation of the real estate unit (appendix N 2);

subsection III - records about restrictions (encumbrances) of the property right and other corporeal rights to the real estate unit (appendices N3 - 8a).

9. The procedure for maintaining books of accounting of documents and cases of the documents of title which are integral parts of the Unified State Register of Rights is established by the Ministry of Justice of the Russian Federation.

II. General rules of filling of the Unified State Register of Rights

10. The Unified State Register of Rights is kept in Russian.

11. Each subsection of the Unified State Register of Rights is conducted on the single sheet. Each leaf of subsections II and III is identified by number of registration.

12. Number of registration is created in case of documents acceptance on state registration of the rights on the basis of the entering number specified in the book of accounting of incoming documents. This number is specified in the column "Number of Registration" in case of registration of any right, the transaction or restriction (encumbrance) and registers as follows: number of the subject of the Russian Federation - number of the registration district - number of the book of accounting of incoming documents - sequence number of entry in the book of accounting of incoming documents.

Number of state registration of the right, restriction (encumbrance) of the right to the company as property complex, the real estate unit located in the territory of more than one registration district, and transactions with them, created by the employee of Service in case of documents acceptance registers as follows: number of the book of accounting of incoming documents - sequence number of entry in the book of accounting of incoming documents.

13. In subsection I the sheets containing records are numbered by sequence numbers 1, of 2, 3 and so on. In the subsections II and III consisting of special parts, independent serial numbering is conducted for each part. The sequence number of leaf is put in the column "Sheet". Sheets in Sections, subsections and special parts of subsections II and III are placed in the register according to the procedure of their numbering.

14. If the data entered in the register do not find room on one leaf, record is placed on additional sheets, at the same time on additional sheets of entry in the column "Sheet" the sequence number of the main leaf added with alphabet letters, for example is specified: if the first leaf has number 3, that additional - 3a, 3b, 3v, etc. On each leaf cadastral or conditional number is put down, and records on it are certified by the signature of the registrar with indication of its surname and initials and seal with the image of the State Emblem of the Russian Federation (further - official stamp). If all letters of the alphabet are exhausted, then on additional sheets of entry in the column "Sheet" the sequence number of the main leaf added with letter of the alphabet and figure, for example is specified: 3a 1, 3b 1, _ 3ya 1, 3a 2, 3b 2, _ 3ya2, etc. When numbering additional sheets the letters "e", "y", "ý", "Û" are not used.

The similar numbering rule is used also for sheets with records about changes, and also for sheets with records about the termination of the right or restriction or about liquidation (transformation) of object if they invest in the register in the form of single sheets.

15. At the beginning of each Section of the Unified State Register of Rights the inventory of sheets of the Section is located (appendix N 16) which is not part of the register.

Forming of the inventory begins registrar which makes the first record to the section of the Unified State Register of Rights, assures her the signature with indication of the surname and initials and official stamp and dates it opening of this Section.

When entering into the Section of the Unified State Register of Rights of the main or additional leaf with record in appropriate section of the inventory the total quantity of sheets and additional sheets in subsection the accruing result is specified. At the same time in the column "Number of Sheets" of each of subsections of the inventory the total quantity of sheets (the main and additional) in register subsection, in the column "Number of Additional Sheets" - total quantity of additional sheets in register subsection, and in the column "Date" - date of entering of new record into the Section of the register is specified.

If any Section of the inventory is exhausted, up-to-date data about total quantity of sheets and additional sheets in the Section of the Unified State Register of Rights are transferred by the registrar to the new inventory with indication of start date of its maintaining, and the old inventory is destroyed.

16. Each leaf of the Section of the Unified State Register of Rights is identified by cadastral number of the real estate unit.

In case of absence at the real estate unit of cadastral number the conditional number assigned by the body performing state registration of the rights, according to the procedure, established by the Ministry of Justice of the Russian Federation is used. After assignment to subject of cadastral number conditional number is crossed out in each leaf of the Section containing up-to-date data by the thin horizontal line, but does not lose the force and remains in all documents issued by this moment to owners.

In case of state registration of the right to the company, restrictions (encumbrance) of the right, the transaction with the company each leaf of the Section of the Unified State Register of Rights is identified by conditional number of this real estate unit which procedure for forming is determined by the rules of introduction of records about the rights to the company and transactions with it approved by the Ministry of Justice of the Russian Federation in the Unified State Register of Rights and interactions of Service and territorial authorities of Service when implementing state registration of the rights to the company.

17. In case of the termination of the right, restriction (encumbrance) of the right, the transaction the corresponding record of the Unified State Register of Rights is settled.

18. About the owner (person whose rights are limited (are encumbered), person for benefit of whom the rights are limited (are encumbered), the party of the transaction) in records of the Unified State Register of Rights are specified:

concerning physical person - surname, name and middle name, birth date and birth place, nationality, floor, the name and details of the identity document, the address of the permanent residence or preferential stay;

concerning the Russian legal entity - full name, identification taxpayer number, the primary state registration number, date of state registration, the name of the body which performed such registration, reason code of registration, the address (location) of permanent executive body (in case of absence of permanent executive body - other body or person having the right to act on behalf of the legal entity without power of attorney);

concerning the foreign legal entity - full name, country of incorporation (incorporations), registration number, registration date, the name of registering body, the address (location) in country of incorporation (incorporation). At the same time documents of the foreign legal entity shall be submitted in the state (official) language of the relevant state with the translation into Russian and are properly certified;

concerning the Russian Federation - the word "Russian Federation";

concerning the subject of the Russian Federation - full name of the subject of the Russian Federation;

concerning the municipality - full name of the municipality (according to the charter of the municipality);

concerning foreign state - full name of foreign state.

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