To protect real estate, you need to submit an application to Rosreestr stating that it is impossible to register the transfer, restrictions (encumbrances), or termination of the right to a real estate object without the personal participation of the owner.
"Any owner of real estate (or his legal representative) has the right to submit an application to Rosreestr that transactions with his property should be carried out only with his personal participation," Yakovlev and Partners Law Group lawyers explained.
What will the registry entry do?
After that, a corresponding entry will be made in the Unified State Register of Real estate - the state registration of the transfer, termination, limitation of the right and encumbrance of the real estate object without the personal participation of the owner will become impossible. Such an entry in the Unified State Register of Legal Entities will become the basis for returning documents without consideration if the owner does not apply to the Rosreestr.
This measure is a fairly effective way to protect real estate from fraud. After the ban is imposed, no one (even the bank) will be able to sell the property or make another transaction without the knowledge and consent of the owner: rent it out, pledge it, or give it away.
Where can I apply?
You can apply for the impossibility of registering a right without personal participation at any office of the multifunctional center or remotely through your Personal Account on the official website of Rosreestr or the portal of Public Services. An entry about the ban will be entered into the Unified State Register of Real estate within five days from the date of receipt of the application. The ban can be imposed free of charge on the entire property that is owned, as well as on a separate object.
When does the ban not apply?
However, submitting an application for the impossibility of registration without personal participation will not protect against electronic types of fraud (with the signing of an agreement using an electronic signature and electronic state registration of the transfer of rights).
That is, the ban imposed by the owner through Rosreestr implies only the impossibility of registration on the basis of a power of attorney (either actually issued by the owner or forged) - an agreement signed electronically with the use of an electronic signature is equivalent to an agreement signed by a citizen live, that is, personally.
It should be borne in mind that the owner's prohibition does not apply if the basis for registration of the right is a court decision that has entered into force, a bailiff's request, or bankruptcy.
The ban is lifted in the same way, through a corresponding application to the Federal Register.