You will need
- request to OPGRC;
- - contact the notary;
- to contact the BTI;
- IN OFRCZC.
Direct registration transaction is carried out in the Federal registration of the centre in accordance with the Federal law 122-F3. This law came into force on 31 January 1998. The right of ownership of real property occurs with the moment of state registration (article 8 of the civil code). You should also consider the fact that the civil code does not require mandatory notarization of the contract of purchase andsale. These changes occurred in a number of articles of the civil code, which regulate the conclusion of this document and entered into force on 1 January 1996.
Proceeding from all above-mentioned laws, you can make the final conclusion that the contract of purchase andsale is not valid without the state registration of property rights. In this procedure, are submitted all the original documents that are in the transaction and copies remaining at recentre as a confirmation of the transaction, and giving rise to the registration of a certificate of title.
Therefore, if the contract of purchase andsale was signed before 1 January 1996, then restore it very simple. For this you need to make a request to the notary's office, which was this document, to pay 100 rubles to get a duplicate of the contract. Moreover, until January 31, 1991 agreement of purchase andsale was the only legal instrument confirming that a property is owned.
If you need to restore the contract of purchase-saleconcluded after January 31, 1996, there are two ways. The first is to go to a notary office if the contract was notarized and obtain a duplicate. Second – contact the Office of the Federal registration service of the statement and obtain a certified copy if the contract was concluded in written form.
If the contract of purchase andsale concluded during the period 1 January 1996 to 31 January 1998, when entered into force the law on conclusion of contracts in the simple written form, but not yet a law on obligatory state registration of property rights. In this case, lost the contract, can only be restored by obtaining photocopies from the seller of real estate with the updated signatures from both parties or to request information about the owner of the BTI. When requesting a BTI can confirm ownership of the property, but not to duplicate or copy of the contract. The same applies to land. To verify ownership, please contact the Federal chamber of land registration, cadastre and cartography, but to get a duplicate or copy of the contract impossible.
That is why, despite the amendments adopted on the conclusion of the contract of purchase andsale in the simple written form, it is better to sign it at the notary, which will give an opportunity at any time to duplicate. And besides, a professional lawyer will give all the guarantees of correct formatting of the document and will take into account all the paragraphs in which the transaction can be declared invalid in accordance with the civil code of the Russian Federation No. 2965, 3075, Chapter 24.
Advice 2: How to recover a lost contract of sale
The contract of sale issued in the transaction with any kind of real estate. In case of loss of document restoration will not take a lot of effort, if it was not issued at the notary office, but in light of new changes in the law since 1 January 1996 are not required to complete and certify the contract at the notary, so to recover the lost document will be much harder.
You will need
- - the application of the notary;
- application of BTI;
- - photocopy of contract of the seller;
- application in PPRC.
If you entered into a contract of purchase andsale for residential, non-residential property or land prior to 1 January 1996 and have lost the document, please contact the notary office at the place of its registration. Send a request for a duplicate, pay the state fee for notary services. You will be given a copy within a few hours or days, it depends on how busy the notary at the time of treatment, and how much you made for the provision of services.
If you lost the document, concluded after 1 January 1996, when the Civil code was amended and simplified the procedure of the transaction, allowing to conclude contracts in the simple written form. But at this time has not yet entered into force the Federal law 122-F3 for compulsory state registration of ownership rights to real property that is exercised by the Federal Office for the unified registration of rights of ownership. This law came into force on 31 January 1998. That is, two years there was a simplified order of registration, but it is nowhere recorded. Such an agreement to restore the most difficult.
To restore you have two ways to find the salesman and take off with it the second instance of a copy or contact the technical inventory Bureau and to request a statement about the property owner. BTI will not be able to issue a duplicate, and will only issue a certificate confirming the ownership of real estate. So, in essence, to restore the agreement concluded in written form in the period from 1 January 1996 to 31 January 1998 is only possible by obtaining photocopies of the agreement of the seller.
If you lost the contract of purchase-saleconcluded after 31 January 1998, it can, upon request, in FPRC. The registration of rights of ownership of all copies of documents, including the contract of purchase-sale, remained in the archives of the state registration center, so you'll be able to obtain a photocopy by paying the state fee for the provision of services.