Process of Registration

1. How many stages are there in the conveyancing process?

Conveyance of the ownership rights to real property consists of two parts:

• Preparation and attestation of the property conveyance agreement by the notary;
• Registration of the transfer of title to the property in the Real Property Register.

One-stop-shop principle was fully implemented in the real property transfer process, i.e. a buyer and a seller visit only the notary in order to conclude a property transfer agreement and to register the ownership rights

2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?

The notary will perform all checking of information prior to signing a legal transfer. He mainly checks information in the registers maintained by the Centre of Register, and if required – in other organisations.

3. Who is responsible for dealing with other departments/agencies?

The notary.

4. At what stage of the overall conveyancing process is your organisation involved

The Centre of Registers is involved in the conveyancing process from the time a person contacts a notary to act on their behalf on the acquisition of the legal title. Using the e-service for real property transactions maintained by the Centre of Registers, the notary requests the registrar to revise information on the real property object if necessary, prepares a sale-purchase agreement on the basis of data from the Real Property Register.

After concluding the property transfer transaction, the notary using the same system submits client’s request to register the property rights to the Real Property Register.

5. Is any or all of the conveyancing process dealt with electronically?

Conveyancing process is only dealt with electronically.

The notary even attests the agreement for conveyancing of ownership rights using electronic signature.

6. Is any or all of the registration process dealt with electronically?

All of the registration process dealt with electronically.

7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?

When examining an application for the registration of real property, real rights thereto or to change the data of the Real Property Register, it shall be checked whether: the property itself is registered in the Register; all the data provided in the submitted documents as specified in the Law on the Real Property Register are registered; are there any circumstances specified in the Law on the Real Property Register; whether all persons associated with legal registration are indicated in the application, their identification data, as well as the object which is requested to be registered or removed from the register.

When a decision is made to register the real property, the rights to it, the data are recorded in the Register database and, at the request of the person who has submitted the application, a document (certificate) proving the registration of the real property and/or the right to property is issued, or an excerpt from the Register is prepared on the basis of the Register data.

8. How many stages are there in the registration of title process?

The process of registering rights in each case consists of three parts:

• Acceptance of the application to register real rights to property object and the documents submitted alongside;
• Investigation of the application to register real rights to the real property object;
• Taking a decision to register real rights to the real property object.

Mortgage registration process has one stage. After the notary sends data of approved transaction, the mortgage is registered no later than the next working day.

9. What kind of entries are in your system?

The Law on the Real Property Register provides that the content of the Real Property Register is made of 4 parts:

The first part contains textual cadastral data of the real property recorded in the manner established by the Law on Real Property Cadastre.

The second part contains graphical cadastral data of the real property about its location in the state coordinate system – the real property cadastral map in the manner established by the Law on Real Property Cadastre.

The third part contains real rights to real property and the data on the holders of these rights.

The fourth part contains notes specified in the law and other additional data.

10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?

On average, a transaction for conveyancing the real property (no matter in whole or in part) is registered within 2.5 days.

An application for registration of real right to a real property must be examined,

the decision on it has to be taken and the data entered into the Register database no later than within 10 business days from the filing of the application or at the request of the person – on an urgent basis, within one working day.

Average time taken to register a mortgage is less than 1 day

11. At what level in the organisation is the final decision to register a title made?

The decision to register (to remove from the Register) the real property and real rights or to change the data of the Real Property Register is made by the staff authorized by the territorial registrar, who have the qualification category of a senior registrar or an expert granted by the Central Registrar.

12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?

The central registrar may grant the following qualification categories to the authorized employees of the territorial registrars: registrar expert, senior registrar, registrar and registrar assistant.

According to each qualification category, the Central Registrar establishes special qualification requirements for the education and term of service of employees. Qualification categories granted by the Central Registrar’s Certification Commission.

13. If registration decisions are not taken by a person with a professional qualification, how are they taken?

Not applicable, see answer to question 12.

14. Is the decision to register a legal, judicial or administrative function (or mixed)?

The decision to register is an administrative procedure established by legal acts (laws and governmental resolutions).