Rosreestr entered a measure for protection of real estate transactions against cyberswindlers

The service started by Rosreestr significantly will facilitate life to builders and other professional participants of the real estate market, but individuals completely will manage to refuse internal interaction with department at registration of the rights so far hardly.

Paper is not necessary any more?

Rosreestr started the public electronic service of documents acceptance for registration of the rights to the real estate. Since June 1, 2015 it became available in all regions of Russia via the website of Rosreestr^[1].

The service does not mean use of paper in relationship between the applicant and body of accounting, Andrey Pridankin said to the TAdviser portal of the deputy administrator of Rosreestr, supervising information technology development.

To register the right to the real estate using new service it is necessary to fill in the application form and to attach necessary documents.

Deputy manager of Rosreestr Andrey Pridankin

"On our portal you can select a type of the statement from offered in the list is a first step of the procedure. Further - it will be necessary to fill it and to attach to it documents which are necessary for registration of the transaction. From other our service - "life situations"^[2] - you can select an object type with which you want to carry out the transaction, and a transaction type (purchase and sale, donation, inheritance) and also to answer several questions, and at the exit you receive the exhaustive list of those documents which needs to be enclosed to your application", - Pridankin explains.

With start of service "we save the person from need of visit of our departments", he adds.

The statement from the Unified State Register of Rights (USRR), testimonial of successful registration, according to the official, it is also possible to receive in electronic form with the qualified electronic signature of the registrar.

But there are two important clauses.

Clause 1: Not to do without the qualified electronic signature

All documents sent through electronic service, including the statement, should be certified by the strengthened qualified electronic signature (according to requirements of the special order of the Ministry of Economic Development).

Form for filling of the application for state registration of the rights

"The requirement to use the qualified electronic signature is caused by need of protection of interests of citizens and legal persons against fraud", - says in a conversation with the correspondent of TAdviser of the deputy administrator of Rosreestr.

The digital signature certificate it is possible to purchase^[3] in one of the certification centers accredited by the Ministry of Telecom and Mass Communications of the Russian Federation]. For example, at SKB Kontur company it costs from 4900 rubles and^[4] is suitable only for use on the website of Rosreestr].

At the same time his author should certify the document. "For example, if you give me the apartment, then under our agreement which we should enclose to the application, my signature is put as yours, and, - Pridankin explains. - And if the citizen is not the author of the document (for example, issued by state agency in paper form), he can assure him either at the notary, or at the department which issued the document".

Since April, 2015 the "State Registration of the Rights to Real Estate" service worked on the website of Rosreestr in the mode of trial operation and allowed to file documents on the real estate located in Moscow and the Moscow region.

"The first experience of carrying out similar transactions shows that all documents can be assured and handed over in electronic form. It concerns both legal persons, and citizens", - Andrey Pridankin says.

Clause 2: Other departments can require the registration certificate

The Life situations service asks questions and reports what documents are necessary for registration of the rights

As paper registration confirmation of the rights to the real estate Rosreestr grants the certificate. And though from the point of view of the department this document remained in the past, in practice it is necessary to receive it in most cases nevertheless since it can be requested at the appeal to other organizations (for example, in banks or tax administration).

"Till what time certificates will be necessary - it is difficult to tell. Other departments or the organizations I have no statistics on requests of certificates, - Pridankin makes a helpless gesture. - If someone cannot accept our statement in electronic form, then it means that the culture of work with electronic documents in this organization is not developed".

From where to wait for mass demand

Considering that individuals in the majority have no qualified electronic signature (Sberbank within the UEK project widely tried to distribute it, but did not leave), Rosreestr expects mass demand of service at professional participants of the market: builders, realtors, notaries.

"Builders submit applications not on one object, and on 100-200 at the same time (in case of an apartment house). We were forced to limit quantity of the packets taken for once at our offices of acceptance not to paralyze acceptance specialists and not to force citizens to be nervous in "queue". Therefore builders hand over documents in "portions". In Moscow even the special office of acceptance only for builders was opened', - Andrey Pridankin tells.

With the advent of an electronic form of submission of documents on registration this problem, according to him, will come to naught since the number of the applications submitted via the portal what it is not limited to.

Contractors

"In order that this service earned, we had to make significant changes to all our infrastructure. It became a large number of the different organizations. The accounting system (1600 points), a portal part, buses of the guaranteed delivery, routers was upgraded", - Pridankin notes.

Directly the AT Consulting company was engaged in development and an output to the portal of electronic service in the contract with Rosreestr. The cost of the contract signed in October, 2014^[5] made 135 million rubles].

The same company (and also her subcontractor - I-Teco) was engaged in software implementation, allowing a message the Unified State Register of Rights on real estate and transactions (EGRP) with it on new rules — in electronic form.

The project was complete in all territorial authorities of Rosreestr and authorized bodies in the territory of the Crimea and Sevastopol in January, 2015^[6]. The cost of the contract^[7] made 215 million rubles (upgrade of software was one of its parts)].

Both contracts were signed by the previous IT curator, the deputy administrator of Rosreestr Denis Solodovnikov with the CEO of AT Consulting Sergey Shilov.

Other electronic services of Rosreestr

In electronic form also services in setting on the state cadastral registration of real estate are rendered, to issue of data from the Unified State Register of Rights on real estate and transactions with it (EGRP) and the State Immovable Property Cadastre (SIPC). Thus, now all most demanded services of department are available in electronic form, speak in Rosreestr.

In 2014 in electronic form it was rendered to 28% of services in the cadastral registration (in 2013 this indicator was 19%). Last year more than 35% of statements from EGRP and 30% of data of GKN were also provided in electronic form. By 2019 Rosreestr is going to provide in electronic form not less than 70% of state services.

About emergence of state services of Rosreestr on EPGU

Documents acceptance on registration of the rights via the uniform portal of state services (in the new version of the portal) is going to be organized at the end of 2015, speak in Rosreestr. The government commission under the leadership of Dmitry Medvedev should approve these terms. Then on EPGU also other services of Rosreestr should appear.

The law protecting from fraud with the real estate by means of the EDS

Since November 1, 2019 Russians began to receive notifications if someone files the documents certified by the electronic signature for performing transactions on transfer or property acquisition. The new law is designed to protect real estate transactions from cyberswindlers who forge unconfirmed electronic signatures.

Rosreestr should inform the owner if concerning his real estate the statement for transition or the termination of the property right to housing certified by the electronic signature comes to service. The notification will be sent to the e-mail address which the citizen entered in the Uniform State Real Estate Register (USRER).

Russians began to receive notifications if someone files the documents certified by the electronic signature for performing transactions on transfer or property acquisition

Prohibition on the conclusion of electronic transactions without special mark in EGRN allows to reject automatically any electronic documents for alienation of the right even if documents were filed by the authorized representative of the owner of the real estate — the deputy head of Cadastral chamber Pavel Chashchin said.

He emphasized that owners of the real estate had an opportunity remotely to learn about receipt of such documents for carrying out transactions.

In August, 2019 in Russia became effective the law according to which the owner if wants to conclude bargains with housing remotely, should confirm the electronic signature in EGRN. Otherwise commission of the correspondence transaction will be impossible.

Entering of a mark into EGRN is not required if the electronic signature is issued by Federal cadastral chamber of Rosreestr, when carrying out transactions with participation of notaries and authorities which interact with Rosreestr in electronic form

By the end of October, 2019 from the moment of the introduction of the law a little more than 1.4 thousand applications for entering into EGRN of a mark about a possibility of registration using the strengthened qualified electronic signature are submitted to force in Rosreestr, reported in the press service of department.^[8]

Notes