Today, you can find out who is the owner of the property by contacting the MFC, Rosreestr or via the Internet. To do this, you only need to know the address or cadastral number of the building or land plot — You don't need to ask anyone's consent. The deputies of the State Duma saw a discrepancy in this: according to the law, the personal data of Russians cannot be disclosed to third parties without their consent, and such data can be obtained from the USRN without restrictions. In what cases will the consent of the copyright holder be required to obtain an extract from the USRN, how to obtain it and what to do if there is no consent — in the material aif.ru.
Why might you need an extract from the USRN for another person?
According to lawyer Valentina Zhogy, most often, information from the USRN is requested to verify the purity of a real estate transaction. With the help of an extract from the register, you can find out whether a citizen is the owner of the property, whether the bailiffs arrested it for debts, or whether the object is burdened with the rights of other citizens.
Do I need the consent of the owner to receive an extract?
On July 7, the Federation Council approved a law amending the procedure for obtaining information from the USRN. Amendments will be made to the Federal Law “On State Registration of Real Estate” and in the Fundamentals of the legislation of the Russian Federation on notaries.
In accordance with the innovations, an extract from the USRN for a property that does not belong to the applicant can only be obtained with the consent of the owner.
How to find out does the owner agree?
Information that the owner is not against the transfer of information from the USRN to third parties will be entered in a separate line in the register. Rosreestr will make this entry within three working days based on the application of the person for whom the following is registered in the USRN:
- the right to property;
- restriction of rights;
- encumbrance on a property.
“Restriction of rights to real estate can be imposed by bailiffs, for example, a ban on the sale of an apartment. Encumbrance — not the same as a ban. A pledge is considered an encumbrance (for example, an apartment is in a mortgage) or an easement (a citizen has issued the right to pass through a neighbor's plot) “, — lawyer Valentina Zhoga explained to aif.ru.
If the right was registered before the new law came into force, the owner will additionally be able to apply for consent to the transfer of personal data. Otherwise, consent can be given at the time of state registration of property rights — Rosreestr will immediately make an appropriate mark in the register.
What should I do if the owner has not agreed to receive information from the USRN?
If the register does not contain information about the consent of the owner, an extract from the USRN can be obtained at the request of a notary.
To do this, several requirements must be met:
- the notary makes a request based on a written statements of the citizen concerned;
- an extract must be requested in order to protect the rights and legitimate interests of the applicant.
The Fundamentals of Legislation on Notaries will include a list of cases when a notary can request information from the USRN at the request of a citizen and certify the personal data of the right holder — the list is open and can be expanded at the discretion of the notary.
In order to obtain an extract from the USRN through a notary, a citizen needs to prove his interest, Zhoga explained. “For this, it is necessary that the receipt of an extract be conditioned by some kind of relationship between the applicant and the copyright holder. For example, if citizens intend to conclude a contract of sale or lease, and there are preliminary agreements between them, », — explained the expert.
Who can receive information from the USRN without consent?
The following can receive an extract if the register does not contain information about consent to the transfer of personal data:
- notary public;
- cadastral engineer in the case of performing cadastral work on a specific site;
- citizens who own the same property on the basis of common ownership;
- citizens who simultaneously own real estate on a leasehold basis;
- the spouse of the copyright holder;
- neighbors on the land plot (if adjacent — plots have a common border);
- owner buildings, if it is located on the land plot of another citizen;
- the owner of the land plot, in relation to the owner of the buildings located on it;
- tenant in relation to the owner of the dwelling, if the lease agreement is registered in EGRN;
- the owner in relation to the tenant, if the lease agreement is registered in the EGRN;
- the owner of the easement in relation to the owner of the property;
- the owner of the property in relation to the citizen, in whose favor the easement is established.
Sources:
https://rg.ru/2022/07/12/kvartiru -rassekretiat.html
https://realty.rbc.ru/news/62c6c8479a79474d6de63654
https://sozd.duma.gov.ru/bill/101234-8#bh_histras
http://www w.consultant.ru/
http://www.consultant.ru/
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